Although a hearing officer approved the long-disputed three-story Whitney Project on July 28, local planning groups aren’t going down without a fight. The La Jolla Community Planning Association (LJCPA) voted Aug. 5 to appeal the decision to the city’s Planning Commission with a 12-2-1 vote, arguing that blocking the project — to be located at 2202 and 2206 Avenida de la Playa — was essential to preserving the character of the community. Before the vote, LJCPA president Joe LaCava cautioned the board to thoroughly consider the decision. “Filing an appeal too often can risk losing credibility,” he said. “The planning group needs to be thoughtful in focusing on those projects that are most influential in defining how the community plan and the land development code are interpreted.” Phil Merten, an LJCPA board member who has long opposed the project, said he believed the hearing officer’s decision was unfounded and that, according to a specific code requirement, any permit ensuing from that decision would be invalid. “The hearing officer realized that the project failed to comply with the land development code but decided to approve the project anyway without approving the required variances for the items where the project failed to comply with the code,” Merten said. “Clearly, the Whitney project does not comply with the regulations and should not have been approved.” Though two board members dissented and one abstained, Merten urged a unanimous decision. “I think it’s so clear that there are problems with the way in which the hearing officer approved the project that I would hope that all of the trustees would have voted to appeal that decision,” he said. Lynne Heidel, an attorney representing the Whitneys, said she is confident the project will be approved yet again. “We had assumed that there would be an appeal and we are looking forward to presenting the project to the Planning Commission,” she said. The Planning Commission’s decision will be final. Once an appeal is filed, a hearing date is usually set for within 30 to 60 days, LaCava said.
