Board of Zoning Appeals Overturns Decision on Lake Avenue Project

The  Board of Zoning Appeals (BZA) voted to overturn a zoning administrator’s determination on a 80-unit mixed-use project on South Lake Avenue. 

“It’s always nice to win,” said local attorney Richard McDonald, who represents DC Properties.  

The controversy began when DC Properties proposed an 87-unit density bonus project, including seven very-low-income units, and 10,000 square feet of commercial space on the ground floor at 141 S. Lake Ave. 

The city refused to process an affordable housing concession permit on the grounds that housing cannot occupy more than 50% of the total floor area of the building on South Lake Avenue.

Under terms of that plan, the developer applied for one concession under state law that grants bonuses if developers add more than the required number of lower-income housing units.

DC properties attempted to use a concession for an exemption to the housing rule.

According to city officials, concessions could only be used for development standards, like building height.

However, McDonald said since the systemic issues relating to the city’s ongoing violation of the state density bonus law were not addressed the applicant will address those in court under declaratory relief and other claims against the city.

In April, Pasadena Now reported that a Superior Court judge ruled the city must allow a developer to appeal a ruling on a project that was denied by the city after the developer attempted to use a concession to get around a law that restricts converting commercial buildings to housing on portions of Lake Avenue.

“It is curious to the court that despite the city’s decision on Sept. 26, 2019, the city contends petitioner has no remedy for those decisions when he contends the city erred. That is, there can be no appeal where the city has declared the decision as final — case closed,” the judge wrote.

According to the judge, the city’s refusal to hear an appeal did not comply with the city’s municipal code, which states, “an appeal can be filed by any person affected by a determination, decision, action rendered by the Director, Hearing Officer, Board of Zoning Appeals, Environmental Administration, Design Commission, Arts and Culture Commission, Historic Preservation Commission, Advisory Agency or Commission.”

“There is no basis for the city’s interpretation of the code or the SDB (State Density Bonus Law) under the express language of either, or California law,” wrote McDonald. “Accordingly, we ask you to reverse the BZA’s September 26, 2019 determination and require the concession be processed in accordance with the mandates of the SDBL.”