City Council Upholds Board of Zoning Appeals Decision Allowing South Lake Ave. Project to Move Forward

The City Council on Monday voted 7-1 to uphold a Board of Zoning Appeals (BZA) decision to overturn a zoning administrator’s determination on a mixed-use project on South Lake Avenue.

The controversy began on June 17, 2019 when Odyssey Development Services submitted a request for an Affordable Housing Concession Permit (AHCP) to facilitate the construction of a five-story mixed-use development with 89 residential units and 9,000 square feet of commercial area at 141 S. Lake Ave.

The project includes seven very-low-income units.

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, but 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.

The city refused to allow the developer to appeal the decision, but a court later ruled that the city must allow a repeal which led to the BZA’s decision.

“Like the BZA, the City Council saw that it was obvious the zoning administrator’s decision was without merit,” said local attorney Richard McDonald who represents Odyssey. “It needlessly delayed this project and cost my client millions for no good reason. We now will move forward with the project and hope more reasonable decisions will be made in accordance with state law.”

Planning Commissioner Jason Lyon, who plans to run for the District 7 City Council seat said he agreed with the City Council’s decision.

“The City Council made the right call in upholding the Board of Zoning Appeals’ decision on the project at 141 South Lake,” Lyon said. “As the board found, and the council affirmed, this matter involved a very narrow legal issue and was not a decision on the merits of the project itself. The applicant will now be required to proceed with the public review process. I’m eager to hear from the community on the proposal.”

But others disagreed with the decision.

Livable Pasadena’s Megan Foker believes that the Board of Zoning Appeals erred in its decision.

“Livable Pasadena believes the city staff correctly assessed the eligibility of the requested ‘concession’ in this project, and as result, we believe the City Council should uphold the original city staff’s prior decision,” she wrote in her comment.

Foker pointed out that the primary use of South Lake Avenue is as a commercial shopping district and setting aside the 50 percent rule would result in a substantial change to the entire commercial shopping area and would change its primary use from commercial to residential.

“To provide relief to this applicant under the theory that the 50% Rule may change would be inappropriately giving one specific developer preferential treatment and should not be allowed.”

“To provide the requested relief here would require the city to provide the same relief to all future applicants and would improperly bind the City Council’s hands in reviewing the Central District Specific Plan,” Foker said.

Erika Foy of Madison Heights Neighborhood Association shared the same sentiments and said the approval of the BZA’s decision would force a change in the zoning uses on South Lake Avenue.

“What a disappointment if permanent changes occur before the public has had a chance to weigh in,” Foy said.

“This is about public process and transparency. What I see happening here is mental gymnastics about zoning to alter a street usage for a developer’s benefit without the proper input of the community,” she said.

During the meeting, Mayor Victor Gordo called for aggressive actions against state laws that go against the city’s planning policies as he pointed out that these are now dictating planning decisions in the municipality.

“We are more and more losing local control and the ability of residents of the city to determine the future of the city. It’s wrong. I think we should undertake litigation together with neighboring like-minded cities,” Gordo said without elaborating.

He continued: “We are deciding a very narrow issue here but on the broader scope of local control, I think it’s fair to say that we see now the evidence of what state mandates are doing. If we don’t take very aggressive actions, we are going to see more and more of this throughout our city and in our region.”