Planning Ahead: Do Developers Wear Black Hats? Print E-mail

By Jon Perica

          Developers help implement the City’s future growth as defined by the 35 Community Plans, but developers have a poor reputation because of insensitively planned projects of a few bad individuals.  Yes, there are bad developers just as there are bad planners, and homeowners. 

Image    Developers are often the focus of criticism because they want to change the status quo and most residents are very protective of their existing communities and don’t want any change regardless of whether the change is allowed by community plans, the Zone Code or changing conditions in the City. Before you get out the tar and feathers, understand the types of developer requests:
     1) “Consistent” Projects - Remember that each community plan has a range of permitted categories of development which allows several different specific zones.  A “Very Low Density Residential” plan category might allow A1, A2, RA and RE 40 zones so a developer’s requested zone change from RE-40 to RA is a conforming zone change that is permitted by the plan.
     2) Non-Consistent projects with outdated Community Plan – To stay relevant, community plans should be undated every 5 years.  Due to resource limits, many City community plan are 7-11 years old.   Market forces change (more condos in lieu of single family homes for affordability or mixed use project so commute times are reduced) and outdated plans should be changed to reflect these current realities.  Developers see the changing economic and social needs and try and meet market demands by proposing relevant changes to a plans that the City might very well approve in an updated community plans, if only it had the staff to change the existing plan.  
Image     3) Non-consistent project with a current plan that is too much of a change in development intensity.  This is the where most bad developers get their reputations.  For current community plans to have meaning and creditability, they need to be kept relatively unchanged until they are next updated.  Unless there is a compelling community wide special need, changes should not be approved.  There are always minor exceptions however, where an applicant has the lot area for 7.8 units and files an area variance to the 8th unit which would slightly exceed the permitted density.  There will always be these types of small deviations that fairness should allow.  Unfortunately, a developer who proposes too large a plan change looks insensitive and like there is an intentionally effort to undercut the protection of the adopted community plan that took a year to update and $250,000 of staff time to change.

What makes a good developer?  In general, a sensitive and understanding developer shows the following understanding:  
     1) She or he understands that they are a member of the community who should want their proposed project to be consistent and harmonious with the community development and needs.  
     2) Any new project should meet as many of the required City planning standards as possible and ask for the smallest Code deviations.  A “good” project meets this standard.  Project with multiple Code deviations in parking, height, setbacks, use or hours are generally poorly planned projects not likely to get community and City support.
     3) The new project should have as many “quality” features as possible, such as more landscaping with larger trees, no exist turns into single family neighborhoods, limited hours of night time operation, adequate security protection, etc.  
     4) The need to meet with the local Neighborhood Council and any other key stakeholders in the community to solicit early community comments and possible mitigation measures or design changes that would make the project more compatible.       
     5)  The need to be open, honest, accessible to the community, and to share information that the community needs to effectively participate in the planning process.      
Image     6)  The need to be trustworthy in implementing all the City conditions of an approved project and in managing the new use so it is a positive asset to the community without graffiti, loitering, poorly maintained landscape, etc.  A good developer commits her or his reputation on every project they do and the more they follow these guidelines for appropriate quality development, the better their development projects are and the better they will be perceived in the community.  (Jon Perica was a Zoning Administrator for the LA Planning Department for more than three decades and 3,000 cases. He serves as Planning Advisor to the NC/Planning MOU Taskforce and is a contributor to CityWatch.) _

 

 
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