Kalnel Gardens, LLC v. City of Los Angeles

Kalnel Gardens, LLC v. City of Los Angeles

Opinion

 [*935] 

 [**115] RUBIN, J.—Developer Kalnel Gardens, LLC, appeals from the judgment denying its petition for a writ of administrative mandate seeking to overturn the City of Los Angeles's (City) decision to halt a previously approved 15-unit housing project in Venice. We dismiss the appeal in part as to the developer's cause of action based on the Housing Accountability Act (Gov. Code, § 65589.5 et seq.) because the developer did not seek appellate review by way of a writ petition as required by that statute. We affirm as to the remaining causes of action because there is substantial evidence that the proposed project violated the visual and scenic elements requirement of the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.; Coastal Act), and because the Coastal Act takes precedence over statutes awarding density and height increase bonuses for proposed [***2]  residential developments that include affordable housing units.

FACTS AND PROCEDURAL HISTORY

In 2013, City of Los Angeles planning officials approved Kalnel Gardens, LLC's (Kalnel) proposed project to tear down a two-story, three-unit apartment building at the triangular intersection of Mildred and Ocean Avenues and Venice Boulevard in the Venice area. The project would include a total of 15 housing units: five duplexes and five single-family homes. Kalnel was allowed to exceed the normal density restrictions for that location because two of the units would be designated for very-low-income  [**116]  households. These “density bonuses” were authorized by the Housing Accountability Act (Gov. Code, § 65589.5; HAA), the Density Bonus Act (Gov. Code, § 65915) and the Mello Act (Gov. Code, § 65590).¹ The low-income housing units also entitled Kalnel to certain other zoning concessions, including a height variance above the usual 25-foot limit. As a result, the project included a flat roofline height of 33.75 feet and a varied roofline height of 40.5 feet.

In addition to approving the density bonuses and height variances, city planning officials adopted a mitigated negative declaration under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; CEQA). Soon after, the City's advisory agency approved the project's vesting tentative tract map, including findings that the project complied with the City's general plan as well as the Venice specific plan. The City's zoning administrator also approved a coastal development permit under the Coastal Act (Pub. Resources Code, § 30000 et seq.).

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.