Ventura Blvd. property owners sidestep city fees, citing recession.Owners of no fewer than 156 properties along Ventura Boulevard Ventura Boulevard is one of the primary east-west thouroughfares in the San Fernando Valley; as it was originally a part of the El Camino Real (the trail between Spanish missions), Ventura Boulevard is the oldest route in the San Fernando Valley. It was also U.S. in the San Fernando Valley San Fernando Valley Valley, southern California, U.S. Northwest of central Los Angeles, the valley is bounded by the San Gabriel, Santa Susana, and Santa Monica mountains and the Simi Hills. have failed to pay millions of dollars in "trip fees," as required by a development ordinance A law, statute, or regulation enacted by a Municipal Corporation. An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been passed in early 1991. The Ventura/Cahuenga Boulevard Specific Plan requires developers of new projects along a 17-mile stretch of Ventura Boulevard to pay fees based on the estimated number of vehicle trips generated by their projects. Work began on the new specific plan in 1985, but it was not approved in its final form until early 1991. Developers who built projects during that six-year period were governed gov·ern v. gov·erned, gov·ern·ing, gov·erns v.tr. 1. To make and administer the public policy and affairs of; exercise sovereign authority in. 2. by an "interim control ordinance" that stated developers would be required to pay whatever trip fees were ultimately approved under the specific plan. But now, nearly two years after the specific plan's passage, those developers are insisting there is no way they can pay the fees the city has assessed against them and still stay in business. As originally passed, the Ventura/Cahuenga Boulevard Corridor Specific Plan required developers who built projects between late 1985 and early 1991 to pay a total of more than $11 million in assessments by early 1993. The Ventura Boulevard Planning Review Board, a group of citizens charged with seeing that the Ventura/Cahuenga Boulevard Corridor Specific Plan is enforced, agreed earlier this year to extend that payment deadline until early 1995. City Council members still had not acted on that recommendation as of last week. Another proposal under consideration would rewrite re·write v. re·wrote , re·writ·ten , re·writ·ing, re·writes v.tr. 1. To write again, especially in a different or improved form; revise. 2. the assessment formula to reduce fees from an existing average of $3,000 per new daily trip generated to about $875. Each type of building use is assigned a different number of estimated daily trips per 1,000 square feet of building space. Ventura Boulevard Planning Review Board members confessed they are worried that the lingering lin·ger v. lin·gered, lin·ger·ing, lin·gers v.intr. 1. To be slow in leaving, especially out of reluctance; tarry. See Synonyms at stay1. 2. recession will ultimately squelch squelch v. squelched, squelch·ing, squelch·es v.tr. 1. To crush by or as if by trampling; squash. 2. funding for the $215 million in transportation and public space improvements called for by the specific plan. Those improvements are to be funded with fees levied against developers of new projects there. Developers' fees are based on the number of automobile trips generated by each individual project. The more trips generated, the higher the fees. But the exact formula for determining these "trip fees" had not yet been agreed on while the interim control ordinance was in effect between 1985 and 1991, leading some developers to gripe gripe v. To have sharp pains in the bowels. n. 1. gripes Sharp, spasmodic pains in the bowels. 2. A firm hold; a grasp. that they were forced to "sign a blank check Blank check A check that is duly signed, but the amount of the check is left blank to be supplied by the drawee. ." Nonetheless, several developers took out building permits, and many are now complaining that they were not prepared for the bills they have since received. With "trip fees" coming due in early 1993 under the original agreement, Benjamin Reznik, a partner in Sherman Oaks-based Reznik & Reznik Law Corp., is busy trying to buy time for a number of Ventura Boulevard property owners who are protesting their assessment bills. Unpaid fees become liens on property and, as such, the city could legally foreclose fore·close v. fore·closed, fore·clos·ing, fore·clos·es v.tr. 1. a. To deprive (a mortgagor) of the right to redeem mortgaged property, as when payments have not been made. b. for nonpayment, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. California real estate law. "The (proposed two-year) extension is not suitable," Reznik argued. "It's just an indication of how City Hall doesn't get the situation. They need more money to pay for more planners. But their payment plan is so strict that they won't end up getting any money." For example, Studio City Village Ltd., a Reznik client, has filed for protection under Chapter 11 of the U.S. Bankruptcy Code Bankruptcy Code may refer to:
"There is no way (the partnership) can come out of bankruptcy bankruptcy, in law, settlement of the liabilities of a person or organization wholly or partially unable to meet financial obligations. The purposes are to distribute, through a court-appointed receiver, the bankrupt's assets equitably among creditors and, in most if it has to pay that in four years (according to the revised plan), much less two (as in the original)," Reznik said. David Kohl David Kohl is the protagonist of the graphic novel "Phonogram". He is described as a "Second rate Phonomancer" and a "Fourth rate Human being". He confides with Emily and Kid-with-knife. , another Reznik client, built a 19,883-square-foot office building at 14242 Ventura Blvd. in Sherman Oaks during the same period. He now owes $204,012 in assessments., Reznik said. "Nobody who took out a building permit along Ventura Boulevard (between 1985 and 1991) had any idea the fees would be this high," Reznik groused. "They thought it would cost them a couple of thousand bucks." A spokeswoman for L.A. City Councilman Zev Yaroslavski, who represents a portion of the Ventura Boulevard area, said only that problems with the specific plan are being evaluated. Some members of the Ventura Boulevard Review Board are edgy about the large number of fee disputes, said Jan Sobel, a member of that board. "We (review board members and nearby property owners) are very frustrated frus·trate tr.v. frus·trat·ed, frus·trat·ing, frus·trates 1. a. To prevent from accomplishing a purpose or fulfilling a desire; thwart: ," Sobel conceded con·cede v. con·ced·ed, con·ced·ing, con·cedes v.tr. 1. To acknowledge, often reluctantly, as being true, just, or proper; admit. See Synonyms at acknowledge. 2. . "We had high hopes of beautifying the boulevard and improving public transportation along it." The review board has been meeting regularly since February to come up with a way to modify the plan so property owners can comply. Sobel stressed that the $11 million in past-due assessments is not about to be shifted to all Ventura Boulevard property owners, nor will future assessments. Jeff Brain sees things differently. He also sits on the Ventura Boulevard Review Board, but he is proposing far greater changes to the Ventura/Cahuenga Boulevard plan. "The fee schedule in the (existing specific plan) for all improvements called for in the plan, is inadequate, even if new development picks up again," said Brain, who owns Sherman Oaks-based Real Estate Network, a commercial real estate brokerage. "Over $151 million of the ($215 million in total) funding called for in the Ventura/Cahuenga Boulevard plan goes for street and freeway improvements that won't be needed now," Brain asserted, "because the annual growth estimate was based on the growth that took place from 1985 to 1990. That isn't going to happen." Instead of sticking to the existing plan, Brain wants to change the assessment formula. He figures that, because of the downturn in retail development, fewer new buildings will be constructed. As a result, fewer traffic improvements will be needed. "The plan estimated an annual increase of 1,465 daily trips," Brain pointed out. "But in reality, we have seen only 62 new average daily trips since the plan went into effect Feb. 15, 1991." Rather than build expensive freeway interchange An interchange is a location where two things meet, usually perform some kind of exchange, and possibly go on their ways again. It is most commonly used in four contexts:
Under the existing plan, developers' "trip fees" are partially determined by the community in which their projects are located. Those in Woodland Hills pay the least -- $2,496 per vehicle trip generated. Studio City projects are assessed $3,885 per trip; Tarzana projects are assessed $4,153; and Sherman Oaks and Encino projects are assessed $4,277. The estimated number of daily vehicle trips a project will generate -- per 1,000 square feet of building space -- is determined by the type of project. For example, each 1,000 square feet of research-and-development space is deemed to generate one vehicle trip per day; 1,000 square feet of medical office space is estimated to generate 3.6 trips; specialty retail would add 5 trips; sit-down restaurants 7.3 trips; supermarkets 8.8 trips; fast-foot restaurants 52 trips; and convenience markets 71 trips. Brain said he wants to lower developers' average per-trip fee, which now stands at $3,000, down to $875. He proposes making up the shortfall by charging all building owners along Ventura Boulevard a monthly fee of 1.5 cents to 2 cents per square foot. Major traffic improvements to be funded from the fees, as stipulated by the existing specific plan, include: * Larger ramps on the Ventura (101) Freeway at Regal Place and Cahuenga Boulevard. * Expansion of the intersection intersection /in·ter·sec·tion/ (-sek´shun) a site at which one structure crosses another. intersection a site at which one structure crosses another. at Sepulveda and Ventura boulevards in Sherman Oaks. * Larger ramps at the interchange of the San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. (405) and Ventura (101) freeways in Encino. * Expansion of six intersections along Ventura Boulevard in Tarzana. * New ramps on the Ventura (101) Freeway near Shoup Avenue and Ventura Boulevard in Woodland Hills. Dick Platkin, a city planning city planning, process of planning for the improvement of urban centers in order to provide healthy and safe living conditions, efficient transport and communication, adequate public facilities, and aesthetic surroundings. associate who worked on the Ventura/Cahuenga Boulevard plan, questioned the viability of Brain's proposal. "Brain is the only one on the Ventura Boulevard Review Board who wants to change the assessment formula," Platkin asserted. |
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