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LABREA/CLINTON NEIGHBORHOOD ASSOCIATION PO BOX 26612 LA, CA 90026 CPC - 2008-5028-CU and ENV-2008-5029-MND- 7002 Clinton Ave

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LABREA/CLINTON NEIGHBORHOOD ASSOCIATION PO BOX 26612 LA, CA 90026 CPC - 2008-5028-CU and ENV-2008-5029-MND- 7002 Clinton Ave APPEAL TO THE LOS ANGELES CITY COUNCIL- COUNCIL FILE 10-0960 APPEAL FROM PLANNING COMMISSION RULINGS Cases CPC 2008-5028-CU and ENV-2008-5029-MND. PROPERTY ADDRESS- 7002 CLINTON, LOS ANGELES, CA SUPPLEMENTAL SUBMISSION OF: BRIEF WITH EXHIBITS IN SUPPORT OF APPEAL TO THE LOS ANGELES CITY COUNCIL Respectfully submitted, Lloyd Solly, Appellant & Clinton I La Brea Community Residents 542 N Detroit St Los Angeles, California 90036 clin tonlabrea@gmai I. com By:-:--:c-:-,--------­ Lloyd Solly Appellant Member, Clinton I La Brea Community Residents Group _- .. ) Date: "6 " 3 -- ( o -­.. ...., Submitted in I? L u '""'- Committee Council File No: 10- o "\ ll> o Item No.: __/,__ _____ _ ~: '>.:.b~c:t.. ~------ SUPPLIMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 1 INTRODUCTION & INDEX This brief comprises 8 parts plus exhibits in support of the Appeal to the Los Angeles City Council to Reverse the Planning Commission decision to approve Conditional Use for Case CPC-2008-5028-CU. PART 1. PLANNING DEPARTMENT FINDINGS 1.1. NOT SUPPORTED BY HOLLYWOOD COMMUNITY PLAN 1.2. GENERAL PLAN CONSISTENCY CLAIM INAPPLICABLE 1.3. NOT CONSISTENT WITH GENERAL PLAN 1.4 VIOLATES CODE RE CONDITIONAL USE PART2. DANGEROUS PRECEDENT PART 3. VIOLATION OF CITY ETHICS CODE 3.1 CONFLICT OF INTERESTS 3.2 MISUSE OF POSITION TO INFLUENCE PART4. MISREPRESENTATION OF FACTS 4.1 FINDINGS CONTAINED ERRORS- BAD EVIDENCE TAINTED DECISION 4.2 APPLICANT MISLED COMMISSION PART 5. UNCLEAN HANDS & VIOLATIONS 5.1 APPLICANT CONTINUES TO WILFULLY IGNORE CITY DEPARTMENTS 5.2 UPDATED VIOLATIONS LIST PART6. INCOMP.LETE DETERMINATION 6.1 DETERMINATION MISSING CHANGES PART7. GREATER WILSHIRE NEIGHBORHOOD COUNCIL 7.1 Motion to Support REVERSAL of decision PARTS. COMMUNITY PETITION 8.1 COMMUNITY SUPPORTS REVERSAL OF DECISION EXHIBITS SUPPLlMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 2 PART 1. PLANNING DEPARTMENT FINDINGS 1.1. NOT SUPPORTED BY HOLLYWOOD COMMUNITY PLAN 1.2. GENERAL PLAN CONSISTENCY CLAIM INAPPLICABLE 1.3. NOT CONSISTENT WITH GENERAL PLAN 1.4 VIOLATES CODE RE CONDITIONAL USE SUPPLIMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 3 Decision is not consistent with the General Plan and its Framework Text or requirements defined in the Municipal Code on many points, including, but not limited to: l.l. NOT SUPPORTED BY HOLLYWOOD COMMUNITY PLAN. Proposed development is not supported under Hollywood Community Plan and is confinned by Planning Department in their Findings forthis case: CPC-2008-5028-CU FINDINGS Page FJ "The Hollvwood Communitv Plan does not address the development and expansion ofprivate schools" EXHIBIT lA CPC-2008-5028-CU STAFF REPORT FINDINGS Fl 1.2. GENERAL PLAN CONSISTENCY CLAIM INAPPLICABLE General Plan Text cited by Planning Department with regards 'school facilities' is inapplicable in this case: The text cited "That all school facilities in the Hollywood Community be constantly reviewed, analyzed and upgraded, in view of the fact that the District contains some ~(the oldest schools in the City" is inapplicable in this case as the applicant is seeking to modify a multi-family dwelling used as a dayeare. To support this claim we present evidence in 5 parts: 1.2.1: The Municipal code is clear in it's definition of'School', the existing use is not a school by definition: Municipal Code Section 12:03 SCHOOLS, ELEMENTARY AND HIGH. An institution of/earning which offers instruction in several branches of learning and study required to be taught in the public schools bv the Education Code o(the State of California. High schools include Junior and Senior. 1.2.2: The Municipal code is clear in it's definition of 'Daycare' Municipal Code Section 12:03 DAY CARE FACILITY. Same as Child Care Facility. (Added by Ord. No. 145,474, Ejf 3/2174.) CHILD CARE FACILITY. A facility in which non-residential care is provided for children, 16 years ~f age or under, when licensed as a day care facility for children by the State of California or other agency designated by the State, under the categories defined in Section 30019 of Title 22 of the State of California Administrative Code. (Added by Ord. No. 145,474, Ejf 3/2174.) 1.2.3: The General Plan Framework Text is also clear in defining 'school': GENERAL PLAN CHAPTER 9 INFRASTRUCTURE & PUBLIC SERVICES SCHOOL Education within the City is provided by the Los Angeles Unified School District CLAUSD) . ..... ... Schools are fUnded through State tax revenues funneled through the County. Funds for the development ofadditional public school facilities are derived (rom State mandated tees paid by projects constructed within the City. EXHIBIT IB 1.2.4: The Location is a multifamily dwelling used as a 'Daycare': 1.2.4.1 Department ofBuilding and Safety Records SUPPLIMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 4 APPLICATION INSPECTION. Application for Inspection for certificate of occupancy clearly describes 3 dwellings in an RD 1.5 zone and seeks to use them as daycare EXHIBIT IC 1.2.4.2 CERTIFICATE OF OCCUPANCY. Certificate ofoccupancy for property. EXHIBIT lD 1.2.4.3 DEPARTMENT OF SOCIAL SERVICE CHILD CARE LICENSING DIVISION LICENSE #197403540 Issued to Yeshiva Torath Emeth Academy for 547 N Sycamore . Licensed for 76 children for DAYCARE EXHIBIT !E 1.2.5: Neither the General Plan, nor the Hollywood Community Plan, Support the development of Private Schools. Confinned in the findings presented by the planning department for this case. CPC-2008-5028-CU FINDINGS Page Fl. "The Hollvwood CommunitY Plan does not address the development and expansion ofprivate schools" EXHIBIT lA: CPC-2008-5028-CU STAFF REPORT FINDINGS 1.3. USE NOT CONSISTENT WITH GENERAL PLAN Contrmy to the incorrect and inapplicable excerpts quoted in the Planning Department Findings, the General Plan and the Hollywood Community Plan, as well as supporting General Plan Documents such as the Executive Summary and the EIR, are ALL explicit and impassioned with regards multi-family residential neighborhoods. Not only are multi-family residential neighborhoods [RD!.S] 'assets' to be 'protected', but also that the concept of them being significant assets requiring protection and retention, according to the General Plan, is not only a 'Goal', but an 'Objective' and 'Policy' Further, the General Plan is unequivocally consistent in its approach to the maintaining and protection of these 'significant assets'- positions clearly illustrated in the following excerpted General Plan texts: 1.3.1. General Plan Framework Text Ref: Chapter 3: Land Use: Introduction: "The Land Use policy encourages the retention of the City's stable residential neighborhoods and proposes incentives to encourage whatever growth that occurs to locate in neighborhood districts, commercial and mixed-use centers, along boulevards, industrial districts, and in proximity to transportation corridors and transit stations. EXHIBIT lB SUPPLIMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 5 1.3.2. General Plan Framework Text Ref: Chapter 3: Land Use: Summary of Land Use Conditions and Characteristics: "3. The City's "stable" single- and multi-family residential neighborhoods represent significant assets whose character and qualities merit protection. Historically, the "strong" image exhibited by the City's single-family residential neighborhoods has distinguished Los Angeles from other metropolitan areas." NOTE: the Planning Department's findings quote, in error, a passage from this section that is not applicable given point 3 's explicit view above. EXHIBIT 1B 1.3.3. General Plan Framework Text for Goals, Objectives and Policies Ref: Chapter 3: Land Use: GOALS, OBJECTIVES AND POLICIES ISSUE TWO: USES, DENSITY, AND CHARACTER: "MULTI-FAMILY RESIDENTIAL Overview It is the intent ofthe Framework Element to maintain existing stable multi-familv residential neighborhood,. GOAL3C Multi-family neighborhoods that enhance the quality oflife for the City's existing and future residents. Obiective 3. 7 Provide fOr the stability and enhancement o(multi-(amily residential neighborhoods and allow for growth in areas where there is sufficient public infrastructure and services and the residents' quality of life can be maintained or improved and transit stations. EXHIBIT 1F 1.3 .4. General Plan Framework EIR Ref: General Plan Framework EIR 2.1.11 "Existing Multi-Familv Residential Areas Changes in Functional Roll Pattern a( Uses The General Plan Framework maintains the land use classifications and densitv categories of areas currentlv designated bv the Communitv Plans for multi-family housing throughout the City (Policy 3. 7.1 !. " EXHIBIT 1G - ON DISC 1 1.3.5. General Plan Framework EIR with regards to Hollywood Ref: General Plan Framework EIR 3: 2.1.54 "B. Evaluation oflmpacts and Significance: Multi family residential: Functional Role/Patterns a( Use: Maintains existing multi-family neighborhoods--no significant impact. " EXHIBIT 1G - ON DISC 1 SUPPLIMENTAL BRIEF IN APPEAL TO CITY COUNCIL RE: CPC-2008-5028-CU 07/02/2010 6 1.3.6. General Plan Framework EIR STATEMENT OF OVERRIDING CONSIDERATIONS Ref: Proposed Revised Findings and Statement of Overriding Considerations Pg 41 "F. The Framework Element protects the character ofsingle-familv and other low-density residential neighborhoods bv encouraging growth to locate in centers. districts. and mixed use boulevards with a sense ofplace and identity that respond to the unique cultural and other needs of surrounding communities. EXHIBIT IH- ON DISC I 1.3.7. General Plan Framework Executive Summary State Requirements California State law (Government Code Section 65300) requires that each city prepare and adopt a comprehensive, long-term general plan for its future development. This Element must contain seven elements, including land use, circulation, housing, conservation, open space, noise and safety. In addition to these, State law permits cities to include optional elements in their general plans, thereby providing local governments with the flexibility to address the specific needs and unique character qftheir jurisdictions.
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