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ESSENTIAL POINTERS ON MIXED-USE DEVELOPMENTS
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Mitchell J. Dawson
Chair of the City of Beverly Hills Planning Commission
and
Steven W. Weston
Weston, Benshoof, Rochefort, Rubalcava Maccuish LLP

INDEX:
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1. Introduction

2. Advantages of Mixed-Use Developments

3. Planning Considerations for Mixed-Use Developments

4. Obstacles to Mixed-Use Developments

5. Conclusion

 

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1. Introduction

The Return of Mixed-Use Neighborhoods Mixed-use neighborhoods with residences above ground-level commercial uses are once again coming into favor.

Mixed-use developments are seen throughout European cities; in the United States, before strip malls and suburban sprawl, it was common for people to live in buildings above shops that lined major streets of towns.

This historic model of shops on the ground floor of buildings and apartments on floors above was part of our national heritage but was seen less and less often during the 20th Century. Most modern communities went the way of Orange County and Los Angeles and became business-only urban centers surrounded by suburban neighborhoods. Clear lines were drawn separating business from residential areas.

However, the development of mixed-use projects has been recreated and is experiencing a resurgence within the United States. As land has become harder to come by and industrial plants have moved away from the cities, urban planners have shown greater interest in creating mixed-use areas where people live and work.

2. Advantages of Mixed-Use Developments

Mixed-use developments have significant advantages: Mixed-use buildings have longer lives, less reliance on a car with the necessary amenities being located within walking distance, and efficient use of the land. Further, these mixed-use projects have now received greater acceptance as investment opportunities. Mixed zoning gives people the opportunity to live near their work. As an example, a Bunker Hill Tower in Los Angeles has a grocery store and dry cleaner on the first floor, offices on the next few floors and condominiums on the remaining floors of the high rise. Other offices remain close by as well as restaurants, parks and other conveniences.

3. Planning Considerations for Mixed-Use Developments

Planning Considerations for Mixed-Use Developments. Numerous aspects of such planning need be considered. Existing zoning regulations would have to be modified to allow residential uses in commercial areas and incentives could be provided to encourage such development. Residential uses in commercial areas abutting residential zones would create less of an impact than an equal amount of commercial development. Further, authorizing housing near areas with accessible public transportation could potentially mitigate some of the traffic congestion concerns.

Other considerations include that parking be a driving force behind the financial feasibility and physical form of mixed-use developments. Shared parking among the uses is essential to the financial success of mixed-use because each parking space costs significant dollars. Thus, the parking ratio of spaces per square feet need be amended in most instances to accommodate the development.

Of course, the amount of housing compared to retail and/or office space depends on the area in which the project is located; a need for the projects to blend into the neighborhood is of utmost importance.

4. Obstacles to Mixed-Use Developments

Numerous obstacles to mixed-use developments still remain:

a. Municipal codes and zoning;
b. Difficulty in assembling parcels;
c. Combining the different codes;
d. Establishing parking requirements;
e. Appropriate locations for mixed-use within a community;
f. Determining which types of commercial uses are appropriate to combine with residential;
g. Determination of whether existing, older office or commercial structures can be permitted to convert a portion of their space to residential use (an entire separate issue of "adaptive reuse"); and
h. Security issues.

5. Conclusion

It is clear that city planners and developers need consider mixed-use development for the future. Emphasis need be placed on financial feasibility, the entitlement process, the development of regulations and marketing and financial issues.

DISCLAIMER: This discussion is general in nature and is not intended to and does not create a lawyer/client relationship. This discussion should in no way be relied upon or construed as legal advice, particularly since most legal outcomes are highly dependent on the facts of a particular case or situation. This discussion is provided on the condition that it cannot be referred to or quoted in any legal proceeding; if this condition is unacceptable to you, immediately delete this email and do not keep a copy of it in any form. The reader or recipient is strongly urged to consult with a lawyer for legal advice on these matters. Any reliance on the discussion information by someone who has not entered into a written retainer agreement with the lawyer providing the discussion information is at the reader's or recipient's own risk.

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