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1 May 6, 2019 VIA E-MAIL & COUNCIL FILE MANAGEMENT SYSTEM Los Angeles City Council Planning & Land Use Management Commit

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1 May 6, 2019 VIA E-MAIL & COUNCIL FILE MANAGEMENT SYSTEM Los Angeles City Council Planning & Land Use Management Commit 10250 Constellation Blvd. 19th Floor Los Angeles, CA 90067 310.553.3000 TEL 310.556.2920 FAX Elisa L. Paster May 6, 2019 Direct Dial 310.556.7855 Direct Fax 310.843.2655 VIA E-MAIL & COUNCIL FILE MANAGEMENT SYSTEM Email [email protected] Los Angeles City Council Planning & Land Use Management Committee 200 North Spring Street Los Angeles, California 90012 c/o Rita Moreno, Legislative Assistant [email protected] Re: 685 Westminster Avenue Council File 18-0835; Case No. ENV-2017-1896-CE Chair Harris-Dawson and Honorable Committee Members We represent Elaine and Jay Penske’s (together, the “Applicant”) application for entitlements to adaptively reuse a dilapidated church structure as a multi- generational single-family home (the “Project”) at 685 East Westminster Avenue (the “Property”). We write to urge you to reject Miguel Bravo’s (the “Appellant”) appeal (the “CE Appeal”) of the California Environmental Quality Act (CEQA) approval for the Project. On March 28, 2018, the Director of Planning (“Director”) approved a determination approving a Coastal Development Permit (CDP) and Mello Act Compliance Review (“Mello Review”) for the Project. (Case No. DIR-2017-1895-CDP- MEL.). The Director also adopted a Categorical Exemption (CE) for the Project. (Case No. ENV-2017-1896-CE.) Thereafter, the entitlements were appealed to the West Los Angeles Area Planning Commission (the “APC”) (the “APC Appeal”).1 On June 20, 2018 and August 15, 2018, the APC considered the APC Appeal. The APC received and considered extensive community input at both hearings. Contrary to the claims of opponents, the congregation of the First Baptist Church of Venice (FBCV), the previous owner of the Property, are in full support of the Project. In fact, Bishop Horace Allen, the leader of FBCV, spoke ardently in favor of the Project and of the health of his congregation: 1 The appellants technically did not appeal the CE to the APC and we disagree that there is standing for the CE to be appealed to the City Council. 1 1536285.4 West Los Angeles Area Planning Commission May 6, 2019 Page 2 “The church is still living…we are still effective and growing. The building does not make history, the people make history. Let the Penske’s be because the church is still going.” (Bishop Allen Public Testimony, APC Hearing, August 15, 2018.) At the conclusion of the August public hearing, the APC voted 4-1 to deny the APC Appeal and approve the Project. On August 21, 2018, the APC issued its letter of determination approving the Project, including the CE. On August 28, 2018, Opponents filed an application to declare the Property a historic cultural monument (HCM) in an effort to the prevent the change of use. However on December 6, 2018, the CHC declined the Opponents’ request to include the Property in the list of HCMs. The CHC’s determination that the Property is not historic is final. The CHC’s determination is buttressed by a historic report already in the record showing that the Property does not meet the City’s HCM criteria; thus, substantial evidence exists supporting the City’s consideration of the alleged historic status. Without a doubt, the Appellant will urge the Planning and Land Use Committee (PLUM) to focus on the perceived historic status of the Property to somehow thwart the change of use. This simply cannot occur. We respectfully urge PLUM to deny the CE Appeal, which is just another unfounded attempt to thwart a simple CDP for a change of use from a former church to a multigenerational home. We urge you to deny the CE Appeal for the following reasons: The proceeds derived from sale of the Property have enabled the FBCV to further its faith-based mission and its services to the community. The FBCV was able to rid itself of the financial burden of a deteriorating building and is now thriving at its new location at 8946 Sepulveda Eastway in Westchester; The CHC has already determined that the Property is not eligible to be an HCM. The CHC’s determination was supported by the Historic Resources Assessment dated July 27, 2018 (Exhibit A, Historic Resource Assessment [HRA]) prepared by Historic Resources Group. The HRA provides substantial evidence that the Property is not eligible for listing in the federal or state registers, nor as a local historic cultural monument, and it is not listed in SurveyLA; Church uses are no longer permitted at the Property. Religious institutional uses are only permitted in the residential RD1.5 zone pursuant to a conditional use permit (CUP). The FBCV congregation voluntarily sold the Property and vacated the use in 2016. Pursuant to Los Angeles Municipal 1536285.4 West Los Angeles Area Planning Commission May 6, 2019 Page 3 Code (LAMC) section 12.24.Q, the CUP has expired and a church use is not a permitted use; and The Project maintains the existing community character. Adaptively reusing the building will in no way change the built form of the neighborhood. In fact, preserving the building would prevent development of up to nine homes on the three lots, something that could change the character of the area, depending on the design. As requested by the City, the Applicant will work with the City to memorialize the previous church use with a plaque at the Property. All of these arguments are expanded below in Attachment 1. We urge you to deny the Appeal and to facilitate the thoughtful renovation of an existing dilapidated structure for the Applicant’s extended family. Sincerely yours, ELISA L. PASTER of GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP cc: Krista Kline, Council District 11, [email protected] Len Nguyen, Council District 11, [email protected] Debbie Lawrence, City Planning, [email protected] Juliet Oh, City Planning, [email protected] 1536285.4 ATTACHMENT 1 I. Procedural Note There is one important procedural note, even though it is outside the purview of the PLUM Committee. In 2015, certain individuals filed a lawsuit alleging financial mismanagement by church clergy. (LA Superior Court Case No BS159555.) In connection with the lawsuit, the plaintiffs attempted to tie the lawsuit to the Property by filing a lis pendens (a public record declaring that a lawsuit has been filed against a piece of property). On June 15, 2016, the Los Angeles Superior Court ordered the lis pendens expunged because the pending lawsuit is wholly unrelated to the Property. (Exhibit B, Order Expunging Lis Pendens.) Like the Court, the PLUM Committee should recognize that any pending litigation is irrelevant to the Property. Any decision to uphold the CE Appeal based on the pending lawsuit would be contrary to law. II. Reasons To Deny The Appeal a. The Conditionally Permitted Church Use Expired By Operation Of Law. While the Appellant may wish that the church use continue today, the Applicant cannot force the congregation to return to the Property. Even if it wanted to do so, the church use expired by operation of law and would require a new CUP to operate. By contrast, a single family home is a permitted use in the RD1.5 zone and would not require additional discretionary approvals beyond the proposed entitlements. By way of background, in 1966, the City approved a CUP to allow the construction and maintenance of the church. In 1971, the City issued a certificate of occupancy for the church in compliance with the CUP. The Property was used as a church for approximately 45 years. In February of 2016, FBCV purchased a property on Sepulveda and the church use ceased to exist at the Property. One year later in February of 2017, the Applicant purchased the Property. The City’s rules are strict. A conditional use cannot continue forever, especially when it is no longer utilized. The LAMC provides in pertinent part: “Discontinuance of Use. If a conditional use is abandoned, or is discontinued for a continuous period of one year, it may not be re-established unless authorized in accordance with the procedure prescribed in this section for the establishment of a conditional use.” (LAMC § 12.24.Q.) Since the church use was abandoned and discontinued for more than one year, the church use may no longer be re-established without a new discretionary review process. That request is not before the PLUM Committee. However, the City and the 1-1 1536285.4 Applicant are giving the previous use special consideration in a way that respects its past. The Project will adaptively reuse this building for a multi-generational home, and save it instead of tearing it down for new construction. Therefore while the preexisting use will be respected, the existing church is no longer a permitted use and the CUP has long-since expired. b. The Sale Of The Property Has Benefited The Congregation. The proceeds derived from the sale of the Property has enabled the FBCV to further its faith based mission and its services to the community. The FBCV was able to rid itself of the financial burden of a deteriorating building and is now thriving at its new location at 8946 Sepulveda Eastway in Westchester, close to the homes of its congregants. Appellant – to our knowledge, who is not a member of the congregation - would have you believe that the sale harmed the congregation. To the contrary. FBCV opted to sell the building and to relocate to Westchester, closer to its base. The revenue generated by the sale of the Property has enabled the church to further its mission to provide community services to those in need. This includes providing services for men, women and children transitioning out of homelessness, youth services, feeding the needy and other charitable activities.
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