CERDAFIED-The Walnut Acres Neighborhood Association won their lawsuit against the City of Los Angeles and the owner of the subject property at 6221 North Fallbrook Ave, in Woodland Hills. The case was won before the South Valley Area Planning Commission on July 23, 2012.
At issue was the City Councils granting for a 50,289 sq. ft. Eldercare Facility in RA-1, a residential low density area.
Councilman Dennis Zine decided to section 245 the case and put the decision before the City Council. The City Council reversed the SVAPC and a lawsuit ensued. For full disclosure, I worked on this case from the final hearing before the Woodland Hills Neighborhood Council until the case reached the SVAPC. The community worked hard for that victory, and we were certain that we would we prevail because it really defied logic that these large massive institutions were envisioned by the General Plan in low density.
This victory doesn’t belong to just this steadfast community. It also belongs to the SVAPC who made similar findings as the Judge Luis A. Lavin. Justice is subverted when our Planning Commissioners remain under threat of a section 245 by our council members. They become timid and controlled, not by reason, but by fear. Los Angeles won, because the court system is still protecting our communities from developments that are ill placed and based on maximum profitability.
Judge Lavin determined that the first and third findings made by the Zoning Administrator under LAMC section 14.3.1 were not supported by substantial evidence. He said:
“Here, there is no substantial evidence in the administrative record that RIPs will not be able to make a profit or provide assisted living services if the facility is limited in size to 12,600 square feet. Notably, the RPIs acknowledge that ‘no particular amount of open space is required for an Eldercare Facility that consists of guest rooms.’” (Read Judge Lavin’s decision on Superior Court Case #BS139318 here)
The burden of the proof of hardship does not go the City who lacks eldercare, it goes to the applicant who must prove economic hardship. In this case, the owner had not sold his property to the developer. So the hardship did not apply to either the owner or the developer because the property can be used according to its zoning.
This Woodland Hills battle for justice has been a prolonged effort by Donna Schuele, Kelly Del Valle, Susan Hamersky, Mark Dymond, Dawn Stead, John Sundahl, Charles and Betty Salverson, Jack and Sossi Pomakian, and Mohammed Tat. It is possible that the applicant and owner will appeal the court case but we will celebrate our win’s one step at a time.
These wins do not come with out a massive amount of time put into each case. It is a personal sacrifice from all the parties involved. I thank them from the bottom of my heart, all for staying the course and having faith in our battle. I also want to thank Donna Schuele and Colleen Marmor for working with me diligently to lay out the legal arguments at the start of this case and then bringing in Attorney Mark Shipow to take this case to court. Shipow did a masterful job.
Another law suit will be filed over the eldercare application in West Hills. The SVAPC approved the appeal, but then under pressure from Councilman Englander they reversed their decision in a meeting that we contend, violated the Brown Act. The proposed facility abuts low density and is over 200,000 sq. ft.
(Lisa Cerda is a contributor to CityWatch, a community activist, VP of Community Rights Foundation of LA.) CW
CityWatch
Vol 11 Issue 99
Pub: Dec 10, 2013
