How Developers Skirt the Law to get their Projects Approved
By Joan & Marvin
Klotz
Several of those opposing the
MTA-RAD project at Sunset and Main Streets (CPC 2005-1002) strenuously object to
the developers declaration that his project will be a “gated
community.” But, alas, there is no law against creating a gated community,
no matter how alien to the history and spirit to our neighborhood – hence
our outrage may well be futile. However, there is a law (LA City Ordinance
177,693 The Venice Coastal Zone Specific Plan, a 2003 revision of Ordinance
172,897 effective 12/22/99) that places fatal obstacles in the path of this
development. All exceptions from the constraints imposed by the Venice Specific
Plan (VSP) must meet 5 tests required by the Los Angeles Municipal code section
11.5.7 F2 (a-e).
All 5 tests must be passed. And this
project cannot pass any of them. Strict application of the VSP will neither
impose avoidable difficulties nor deny the developer sustainable property rights
enjoyed by neighboring property owners.
On the contrary, such exceptions will
provide substantial and illegal property rights currently denied to neighboring
parcels; those violations of height density constraints will create a precedent
that will allow neighboring properties to demand the same consideration in the
future. Further, this property exhibits no unique exceptional circumstances that
might justify exceptions.
The only
consequence of building within the height and density constraints of the VSP
will accomplish what they design to do-namely, to mitigate the traffic,
crowding, and mindless degradation of our neighborhoods.
Developers routinely approach the city
with mind-boggling proposals that grotesquely violate planning ordinances. The
city planners, perhaps, issue a gentle rebuke. Then the developers return with
an amended proposal –We’ll take five feet off the height-now it
exceeds legal constraints by only 50%; we’ll somewhat reduce the legal
density we requested – and break the law by only 30%. See how responsive
we are?
These new proposals remain
abundantly absurd and terribly damaging to our community. The City Planning
Department often exhibits some backbone; they found that the proposal does not
meet requirements of the LAMC. But in recent past, the political appointed area
planning commissioners often simply ignored both their own staff’s
carefully researched recommendation and the zoning ordnance while they
enthusiastically murmured about some perceived greater good, no matter how
illegal.
And we, without the deep pockets
and the well-connected law firms, have to go to court with the odds stacked
against us.
We ask the planning
department to prevent the ongoing predatory rape, not only of Venice, but also
of the entire West side of Los Angeles.
Abide by the law; deny the application
for exceptions that do not meet the LAMC tests; don’t force us to go to
court to defend our part of this City from those whose only interest in Venice
is to extract money from it. Rather, require them to build within the
constraints of the Venice Specific Plan or take their project
elsewhere.
One day, the City and the
Coastal Commission may decide that current Specific Plans are untenable (though
ours has been in force for fewer than 6 years). At that point, legislators will,
doubtless, conduct cost/benefit analyses, and propose legislation that will
change the zoning constraints in the coastal region. We residents won’t
like those proposals- but the law’s the law and we will make do.
But until that day, we urge the City
Planning Department, and the Los Angeles Planning Commission to apply existing
statutes, to refuse illegal administrative exemptions to our Venice Coastal Zone
Specific Plan, and to preserve the special character of Venice. All we ask,
finally, is that the City of Los Angeles enforce its own ordinances.
Posted: Thu - September 1, 2005 at 12:43 PM