The Callen Report
By Kate Callen
The meeting started with a snoozefest.
Christian Hoppe from the Development Services Department (DSD) led off by mechanically reading Ocean Beach’s appeal to block The Pointe (that’s with an “e”), and DSD’s responses. The department’s reasoning came out of a vortex: You have no grounds to appeal our decision because we say you have no grounds to appeal our decision.
The Craigs took command.
Craig Sherman, attorney for appellant Patricia Lewis, challenged DSD on due process grounds for refusing to release supporting materials. He said the City was ignoring the protected status of OB’s Cottage Emerging Historical District – “It has geographical boundaries that are not subject to dispute” – and he rebuked DSD for giving developer Takeoff Capital inexplicable waivers and incentives.
OB attorney Craig Klein, speaking for the community, delivered a clear message: The Pointe is Too Much, Too Quick. “This community has worked so long to preserve its historic location as the last real beach town south of Point Concepcion. This is the first project that has attempted to extend Complete Communities into Ocean Beach. If this passes, do you think other developers aren’t watching?”
The OB Rag had a cameo role.
Former Planning Commissioner Tim Golba argued against the appeal. His slideshow featured OB Rag headlines and comments, OB protest flyers, and Sara Hickman’s “Keep Ocean Beach Historical” website. His point seemed to be: Look at these wack jobs! Why should you listen to them?
An Unusual Commission Meeting
Stepping in for absent Chair Kelly Moden, Vice Chair Matthew Boomhower ran the meeting with patience and courtesy, especially to members of the public. This came as a shock to regular meeting attendees. Boomhower has been a combustible presence who tends to spout off about what he calls “the anti-housing crowd.” But not this time. People in the audience started whispering: What’s going on?
An Unusual Commission Vote
Commissioner Ted Miyahara began with a piercing question: Why did the City disregard OB’s Historical District designation? Two DSD staffers couldn’t give a clear answer. He then asked, “Is there any legislative history for a project like this to use Complete Communities in an historic district?”
After a convoluted DSD response, Miyahara zeroed in.
“I see the municipal code as being pretty clear. The Complete Communities regulations do not apply to developments located in a designated historic district. … This is a misinterpretation of the code. I’m going to make a motion to grant the appeal and deny staff recommendations.”
The motion was seconded by Commissioner Ken Malbrough, who warned the City, “We have to look at what’s written in the municipal code. If this appeal continued on and went to the courts, that’s exactly what the judge is going to look at.”
Boomhower wrapped up by advising the City to “take this as an opportunity to change the municipal code” and added, “I think this is a great project. Normally, [we] would have supported it.”
Thunderstruck … and Looking Ahead
After the astonishing 5-0 vote to grant the appeal, OB community members walked out of the chamber in a daze, looking like people who just learned that the lottery tickets on their kitchen tables have the winning numbers.
Attorney Sherman remained composed. “It took everybody at every level of Ocean Beach pulling together to make this happen,” he said. Any chance The Pointe will rise again? Sherman thinks not. “Once an application has been denied, there are rules and restrictions about bringing it back.”
Andrea Schlageter, who helped lead the challenge as Ocean Beach Planning Board Chair, expressed relief.
“Everybody loves Ocean Beach, and they especially love to exploit Ocean Beach. So this is a great win for our community. And it’s a great win for communities that may file future appeals.”
The citywide repercussions of OB’s triumph are clear. The Mayor and the City Council, desperate to cram density into every San Diego community, have been put on notice about the perils of stretching laws and twisting codes. Perhaps they will learn something.
Hope springs eternal.
Editordude: here’s the only mainstream media account of the Planning Commission hearing on Thursday from NBC7
Great account, Kate. It was a surprising victory. It puzzled me but I think the comment from Malbrough may have been a clue. It’s possible the commission got some legal advice that this project was illegally approved and did violate the municipal Code. They all lined up really fast to approve the appeal.
If it is true the commission was aware that the project was illegally approved, then it doesn’t say much for the City’s Development Services Department showing up and doubling down on their poor interpretation of the municipal code.
It’s not like the City needs another costly lawsuit. Whoever is running that department should be shown the door along with their boss Todd Gloria.
I agree.
The DSD’s director, is headed by Elyse Lowe. She not an engineer, nor does she have ANY experience in the construction industry. Her background is limited to public policy (political) with a previous history of working for non profits (Circulate SD being one of them) – totally inappropriate for being in charge of a building department. As such, she lacks a civil engineering license, which btw, is a requirement for all other municipalities for that chief building official position. Unfortunately for the citizens of San Diego she is not duty-bound to any ethical standards mandated by such licensing.
So, what we witnessed yesterday is a corrupt city administration, overseen by Gloria, twisting already whacked-out, cobbled together ordinances designed to favor out-of -town, fly-by-night investors that continue to funnel money in Gloria’s campaign.
The result of such ordinances and policies will eventually landfill over all our historic communities if we do not remain vigilant.
Great job OB on the win this last week. Unfortunately the fight against such corruption is just beginning.
I think special thanks need to go the two Craigs of course, especially Craig Klein who is a long-time OB volunteer. Certainly, Patricia Lewis who filed the project appeal, something that now costs $1,000. Andrea Schlageter spoke forcefully at the hearing. And, Frank Gormlie who has kept the heat on with The OB Rag in a way no other news media in San Diego has.
Every community needs a Craig Klein.
Right you are. And every community needs the unyielding vigor and spirit of OB!
Where can one find the historical boundary map?
you can find it here:
https://www.sandiego.gov/sites/default/files/legacy/planning/programs/historical/pdf/hdoceanbeachmap.pdf
Or if you search “san diego city ocean beach cottage emerging historical district” it should come up near the top of the results as a result from the City of San Diego.
https://drive.google.com/file/d/1BlXoFmNg1vAM9rEJcsMZ0Zhse7Pb-DxJ/view?usp=drivesdk
Good for OB!!!!! FINALLY, some City entity, has listened to the public. DSD has seemed pretty shady to me for a long time. But, as the “strong mayor” form of government, the Mayor gets to appoint all the Dept. heads, so they pretty much do whatever he says, including the Council. He’s taken them out of any Union, so now they work at the “will of the Mayor”.
If they don’t cater to his whims, they could lose their very lucrative jobs.
And DSD. in order to make sure they don’t have to deal with the public, they bumped the appeal filing fees up to $1,000. Well surprise, surprise. Someone paid it.
And thanks to land use Attorney Craig Sherman and all the other key players. Great WIN!
No time to rest, these same developers are targeting 4591 Pescadero. They want to demolish a bungalow and build a 30′ high, 11 unit apartment house in a single family neighborhood according to their web site.
Agreed. However my understanding of that project is that it will be an 8 unit apartment building (likely over 30′ because developers know how to use the grade and planters on the property to their advantage) and 3 units in the current house (which has already been remodeled without a permit and is a STVR now). From the plans seen at Peninsula Planning Board, there will be an elevated walkway from the apartment building to a rooftop deck on the current garage. Party city, just like the STVR near me that was annoying on Thursday night.
Also, though it’s an 8 apartment building, it is technically called ADU’s here and apartments for the appeal upheld project on Point Loma (no existing house there).
The “11 units” I got from their website, so your 8 + 3 = 11 makes sense now.
I wish to congratulate Ocean Beach for retaining the services of Craig Sherman to defend the Ocean Beach Emerging Historical District against all the negative forces of Mayor Todd Gloria’s developer-crazed Development Services Department and all the land developers slavering to destroy Ocean Beach. Yes, indeed, I congratulate you all for standing up for the community. Once again, I recommend you all vote Larry Turner for Mayor of the City of San Diego.
I had the plans open and I just looked at the height detail. These Motherf%$#ers used the height from inside five foot tall planters they planned to build making the building 35 feet tall. This is a real example of character.
This measurement allowance needs to be legally challenged.
. . . in addition to being challenged, perhaps a complaint of Architect of Record should be filed with the CA Dept of Consumer Affairs. That state department issues the licenses that allow them to practice, and as such are required to professional standards.
Wait till they come back with plans for a 60 footer..,
https://www.sandiego.gov/sites/default/files/legacy/planning/programs/historical/pdf/hdoceanbeachmap.pdf