The dispute over 301 University is growing.

What began several years ago over a 12-story mixed use condominium complex to be built on University Avenue in the heart of Hillcrest has swelled into a battle between the developers, city planners and concerned residents.

It has led to an intense debate about the need to balance preserving older, urban neighborhoods with the drive toward more intensive growth as a means to reduce driving and ultimately carbon emissions. It has also resulted in City Council hearings and court rulings.

Now the developer, Bruce Leidenberger & University Vista, LLC has something new planned for the controversial location, which would include two condo towers to be built in the neighborhood. These developments would be taller than the controversial 301 University Ave. project, which was slated for construction and eventually rejected by the City Council.

In May the group of residents – known as Friends of San Diego and Save Hillcrest – won a major battle when the plans that were approved for the 301 University project were challenged in a lawsuit, and the court determined the City of San Diego did not follow legal requirements in preparation of the Environmental Impact Report (EIR) for the project.

In July the resident groups successfully petitioned the San Diego City Council to impose a temporary height limit on new buildings in certain areas of Uptown.

According to city planners, what is currently proposed is a different project than the original 301 University project.

“There are two projects listed on the former 301 University site,” Marlon Pangilian, senior planner, explained in an e-mail to Uptown Planners.

What is now being called Vista Verde is located at University Avenue and is proposed as a 13-story, mixed-use development with commercial space on the ground floor and two levels of underground parking. Vista Azul, located at 301 and 127 University Ave., is a 15-story mixed use project with ground floor commercial space and two levels of underground parking, according to planners.

The newly proposed Vista Azul will stand 193 feet tall and Vista Verde for 175 feet, not only has residents upset, but also has them confused as to how the developers are able to move forward with such plans.

Leo Wilson, chair of Uptown Planners, questioned if City Attorney Michael Aguirre reviewed the present project submission to determine whether the building permits in question may be issued.

“The City Attorney’s Office does not have to be involved,” Pangilian said. “The EIR as required by the lawsuit pertains to the original 301 University Project. The projects proposed at this site are not the same and therefore not bound by the lawsuit. These two projects can be granted permits like any project meeting the requirements of the underlying zone.”

Wilson also asked why Uptown Planners and community members were not informed about the present permit filings for the project, as it has been the subject of wide discussion and a successful lawsuit.

But the city is handling the new developments as a ministerial project, which means the project is overseen by city staff and doesn’t receive a full hearing.

“These projects are undergoing ministerial review and are not required to provide notice unlike projects undergoing discretionary review. Despite this, the public still remains free to make inquiries and requests of staff for information on projects,” Pangilian said.

“If this project is allowed to move forward by the city it would mean that neither the community, nor City Council would have the opportunity to have a voice on site,” said John Taylor, who is the chair of Save Hillcrest. “This is the same tactic that was used for a similar mega project at Sixth and Upas. If it continues in such a manner the developer would be able to obtain demolition and permit to build.”

As for the height limits?

An ordinance goes into effect 30 days after its final reading and the new project technically isn’t affected by the height limits because it came before they were imposed.

“The claim that a judge’s order that an EIR is required for a large project can be avoided by simply filing a new application for a substantially larger project (divided into two projects) boggles the mind,” Wilson said.

“I assume the attorneys for the applicant would have made sure the filing was done correctly, but it needs to be verified. As you can tell this is a critical moment,” Wilson said.

Calls to the developers, however, were not returned before the deadline for print.

Residents will gather to discuss the newly proposed development for the Hillcrest community at the Hillcrest Town Council meeting on Tuesday, Sept. 9, at the Joyce Beers Community Center located in the Uptown Shopping District.