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Los Angeles Conservancy V. City of West Hollywood

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Los Angeles Conservancy V. City of West Hollywood Los Angeles Conservancy v. City of West Hollywood Court of Appeal of California, Second Appellate District, Division One November 30, 2017, Opinion Filed B270158 Reporter 2017 Cal. App. LEXIS 1151 *; 2017 WL 6554161 LOS ANGELES CONSERVANCY, Plaintiff and ROTHSCHILD, P. J.—Los Angeles Conservancy Appellant, v. CITY OF WEST HOLLYWOOD et (Conservancy) petitioned the superior court for a al., Defendants and Respondents; CHARLES writ of mandate to compel the City of West COMPANY et al., Real Parties in Interest and Hollywood (the City) to set aside the City's Respondents. approval of a real estate development project known as “the Melrose Triangle” project. The Subsequent History: [*1] The Publication Status Conservancy argues that the environmental impact of this Document has been Changed by the Court report (EIR) was flawed in its analysis of from Unpublished to Published December 22, alternatives to the project, the City failed to respond 2017. to public comments, and the City's finding that a Prior History: APPEAL from a judgment of the particular alternative to the project is infeasible is Superior Court of Los Angeles County, No. not supported [*2] by substantial evidence. The BS151056, Richard L. Fruin, Jr., Judge. trial court denied the petition, and the Conservancy appealed. We affirm. Disposition: Affirmed. Counsel: Brandt-Hawley Law Group, Susan FACTUAL AND PROCEDURAL SUMMARY Brandt-Hawley and Skyla V. Olds for Plaintiff and Real parties in interest Charles Company and Appellant. System, LLC, applied to the City for permits to Jenkins & Hogin, Michael Jenkins, City of West develop a three-acre triangular site bound by Santa Hollywood City Attorney, John C. Cotti and Monica Boulevard, Melrose Avenue, and Almont Lauren Langer for Defendant and Respondent. Drive. The site, adjacent to the City's western Truman & Elliott, Kathleen O'Prey Truman, Todd boundary and known as “the Melrose Triangle,” Elliott and Russell E. Morse for Real Parties in includes a building located at 9080 Santa Monica Interest and Respondents. Boulevard (the 9080 Building). The 9080 Building was built in 1928 and remodeled in 1938 based on Judges: Opinion by Rothschild, P. J., with Johnson designs by the architectural firm of Wurdeman and and Lui, JJ., concurring. Becket, “notable Los Angeles architects whose works included … many important examples of Opinion by: Rothschild, P. J. Mid-Century Modern architecture.” The building may be eligible for listing on the California Opinion Register of Historical Resources. Page 2 of 8 2017 Cal. App. LEXIS 1151, *2 In 2012, the City amended its general plan to site. The second alternative provided for a provide certain development incentives for the reduction of office space to approximately 102,000 Melrose Triangle site. The incentives were intended square feet. The third alternative (Alternative 3) to encourage “exemplary architectural design would preserve the 9080 Building by reducing and elements, with a significant portion of open space redesigning the project. Only Alternative 3 is maintained as pedestrian walk-throughs open to the relevant in this appeal. sky.” The City desired “an iconic ‘Gateway’ building, welcoming visitors, residents, [*3] and According to the EIR, Alternative 3 would provide passersby to the City of West Hollywood.” for retail, office, and residential uses, but would require the project be “reduced and redesigned in The real parties in interest's development plans order to retain the [9080 Building].” The alternative called for the demolition of existing buildings, would reduce retail and restaurant space from including the 9080 Building, and the construction 82,021 square feet to 60,400 square feet, and office of three buildings and a pedestrian paseo between space from 137,064 square feet to 86,571 square the buildings connecting Santa Monica Boulevard feet. Residential space and shared space would and Melrose Avenue. The proposed buildings remain the same. include 137,064 square feet of office space, 82,021 square feet of space for retail and restaurant use, 76 The EIR discusses the impacts of Alternative 3 on residential units, and 884 parking spaces on four the area's aesthetics, air quality, biological subterranean levels. The plan also provided for resources, [*5] cultural resources, geology, climate 6,985 square feet of “private open space” and 9,463 change, hazards and hazardous materials, square feet of “common open space.” hydrology and water quality, land use, noise, population and housing, public services and The most prominent of the proposed buildings is utilities, recreation, and traffic. It includes a matrix the “The Gateway Building,” which would be built summarizing and comparing the impacts of the at the point where Santa Monica Boulevard, project and each alternative for each category. Melrose Avenue, and Doheny Drive meet. The Gateway Building would occupy the space The EIR states that Alternative 3 would be currently taken up by the 9080 Building. A second environmentally superior to the project because it building—“the Boulevard Building”—will front would not require demolition of the 9080 Building Santa Monica Boulevard and Almont Drive. “The and would impact traffic less. The EIR concludes Avenue Buildings” will be located at the corner of that Alternative 3 “would achieve many of the Almont Drive and Melrose Avenue. There would project objectives but would not utilize the existing be an internal courtyard and pedestrian paseo parcels to their full extent. Although Alternative 3 connecting Santa Monica Boulevard and Melrose would avoid the [loss of the 9080 Building], the Avenue. reduction of retail and office uses may not maximize the redevelopment potential of the site or The City prepared [*4] a draft EIR pursuant to the fully enhance the area's overall urban character. In California Environmental Quality Act (CEQA) and addition, Alternative 3 would not result in a circulated it for public review and comment in cohesive site design and would not create a unified 2014. The EIR identified the demolition of the gateway design for the project site, which is the 9080 Building as a “significant and unavoidable” western gateway to the City of West Hollywood. adverse impact of the project. To address that Consequently, Alternative 3 would not expand the impact it described three alternatives to the project. economic base of the City or foster the City's fiscal The first—a “No Project/No New Development” health to the same degree as the proposed [*6] alternative—would make no changes on the project project. In addition, this [a]lternative would not Page 3 of 8 2017 Cal. App. LEXIS 1151, *6 result in a cohesive site design and would not impacting the entire character of the site,” but also enhance the intersection of Santa Monica “destroy the integrity of the historic resource and Boulevard/Melrose Avenue/Doheny Drive to create likely impact its eligibility of listing as a historic a unified design for the western gateway to the City resource.” of West Hollywood. Therefore, this [a]lternative would meet some of the project objectives, but not Regarding the third possibility, the architects to the same degree as the proposed project.” prepared a design that would incorporate the entry façade of the 9080 Building as the main entrance to The EIR also identifies two actions that would the Gateway Building offices from the pedestrian mitigate the impact of demolishing the 9080 paseo [*8] and establish a kiosk near the entrance Building: (1) the building's exterior and “character- containing information regarding the 9080 defining features” would be photographed for Building. preservation by the City's Historic Preservation Commission and a pamphlet would be created that In August 2014, the City certified the EIR, adopted discusses the general history of the project area and the mitigation measures described above, imposed the “Streamline Moderne Style”; and (2) the project a development condition requiring integration of would be modified to “incorporate some of the the 9080 Building façade into an entrance to the character-defining features of the “Streamline Gateway Building, and adopted a statement of Moderne Style” into the design. overriding considerations. The City received 16 comments to the draft EIR, In the statement of overriding considerations, the three of which expressed opposition to the City stated that the project as designed “captured” demolition of the 9080 Building. The comments the City's desire for “an iconic ‘Gateway’” to the and the City's responses, which we discuss below, City that “will effectively communicate the are included in the final EIR. transition into” the City. Alternative 3, the City found, is “infeasible as an alternative or a In June 2014, the City's Planning Commission mitigation measure because it is inconsistent with recommended approval of the project. The the project objectives. While Alternative 3 would following month, before [*7] the city council's allow for the proposed mix of uses, this alternative meeting to consider the project, the real parties in would eliminate and disrupt the project's critical interest requested that its architects consider design elements.” “Designing the project around revising the project to either (1) include the 9080 the [9080 B]uilding,” the City explained, “would Building at its present location, (2) move the result in an interrupted design frontage along Santa building to another location on the project site, or Monica Boulevard” and “would necessitate (3) integrate into the project
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