Judge Orders City to Rescind its Attempt to Change the General Plan

JusticeGraphicPublished July 17 in CityWatchLA:

THE CITY-On June 20, Fix The City, Save Hollywood, La Mirada, HELP and Attorneys for the City of Los Angeles once again stepped into Judge Allan Goodman’s Superior Court to deal with the now-defunct Hollywood Community Plan update.  More specifically, FTC and its fellow community groups were there to challenge what the City did in response to being ordered by the Court to scrap the flawed plan.

In February of this year the City was soundly defeated by the above coalition of community groups  when Judge Goodman ordered the City to rescind its new Hollywood Community Plan.

The City did rescind the new plan and reenact the old plan.  However, in the guise of complying with the Judge’s order, the City voted on April 2nd, 2014 to modify the General Plan Framework to make community plan monitoring and reporting discretionary.   The City Council even went so far in the Resolution they adopted to deal with the stern admonition from the Court to state that the intent of their action was  to “overrule and supersede” the writ and judgment of the Court. The judge was probably being very kind when he said that move was “too clever by half”.

But Judge Goodman did not stop there. He stated that the Resolution the City adopted was demonstrably arbitrary, capricious and without basis in law, that no reasonable person could conclude that adoption of the April 2ndResolution made the General Plan of the City of Los Angeles internally consistent but that the contrary was the case. Further he stated that the City’s actions constitute a misstatement and misapplication of the City Charter, state law and his February 11, 2014 Judgment.

However, one of my favorite quotes was, …see complete article here.

Judge Goodman’s Ruling

Court Issues Judgement and Writ

judgement

The next step in the Hollywood Community Plan Update trial will occur on Tuesday, Feb 18, 2014 when the City is served with the Judgement and Writ ordering it to “rescind, vacate and set aside all actions approving the [HCPU] and all actions certifying [the EIR] adopted in connection therewith, as well as all related approvals issued in furtherance of the HCPU,” passed on June 19, 2012. The City has the option to comply with the judge’s order, offer a negotiated settlement with the petitioners or to appeal the judgment within 60 days.

The City Council will hear a motion to draft the necessary ordinance to comply with the judgement at the Tuesday session.

 

Build it, Even Though They Won’t Come – Joel Kotkin

Density The recent decision by Los Angeles County Superior Court Judge Allan J. Goodman to reject as “fatally flawed” [1] the densification plans for downtown Hollywood could shake the foundations of California’s “smart growth” planning clerisy. By dismissing Los Angeles’ Hollywood plan, the judge also assaulted the logic behind plans throughout the region to construct substantial high-rise development in “transit-oriented developments” adjacent to rail stations. Continue reading

The Tallest White Elephant in the World

WhiteElephantReaching more than a thousand feet into the air, The Shard was hailed as one of the wonders of the age when it was completed. Yet Britain’s tallest building is almost entirely empty, as its owners struggle to find buyers and tenants for its offices and luxury flats. As our picture shows, London’s 72-storey skyscraper is largely dark in the early evening, while the surrounding buildings are bright with office lights. Continue reading

Tower Blocks Should be Demolished

Tower-blocks-in-HackneyHigh-rise housing should be replaced by streets of terrace homes says Policy Exchange set up by planning minister.

Modernist tower blocks should be demolished and replaced with streets of terrace houses and low-rise flats that people actually want to live in, an influential Conservative think tank will claim on Thursday. Continue reading

Megacities And The Density Delusion

MegaCitiesMany retro-urban theorists maintain that high density is the key to urban prosperity. These theorists often point for justification to Santa Fe Institute research that, they claim, links productivity with density. Yet in reality it does nothing of the kind. Instead the study emphasizes that population size, not compactness, is the decisive factor.

Size does matter. A region is helped by the infrastructure that generally comes only with a large population, for example airports. But being big does not mean being dense. In fact the U.S. cities that made the largest gains in GDP in 2011 — Houston, Dallas-Fort Worth and greater Detroit — are not dense cities at all. Continue reading

Rhode Island’s Tallest Building Will Soon Go Dark

superman-building

Rhode Island’s tallest building will soon be its most visible symbol of the state’s long economic decline. The 26-story Art Deco-style skyscraper, known to some as the “Superman building” for its similarity to the Daily Planet headquarters in the old TV show, is losing its sole tenant this month. No one is moving in, and the building, the most distinctive feature on the Providence skyline, will no longer be fully illuminated at night, if at all, its owner says. It’s a blow for the city and the state, which had 9.4 percent unemployment in February and has had one of the worst jobless rates in the nation for years.

Nicolas Retsinas, a senior lecturer in real estate at Harvard Business School, says 111 Westminster, as the building is also known, will be “the ultimate urban pothole.”

http://www.wbur.org/2013/04/07/superman-building-go-dark

 

Chamber of Commerce hires law firm to oppose HCP lawsuits

The Hollywood Chamber of Commerce on Thursday said that it engaged the law firm of Sheppard Mullin to intervene in lawsuits challenging the Hollywood Community Plan update.

“We want to ensure that no action is taken that would stop people from securing permits for their businesses and developments in accordance with the approved community plan update,” Chamber President Leron Gubler said in a statement.

The opponents of the community plan – which allows taller buildings and higher density development – say the document doesn’t adequately address provisions of the California Environmental Quality Act on traffic, air quality and land use.

Three groups, the La Mirada Neighborhood Association, SaveHollywood.org and Fix the City, filed separate lawsuits in July to block the plan, which the council approved in June…Read more

Let L.A. Be L.A.

by Joel Kotkin – published 7-30-2012 in City-Journal.org
Unrestrained high-density development doesn’t become the City of Angels.

Victor’s Restaurant, a nondescript coffee shop on a Hollywood side street, seems an odd place to meet for a movement challenging many of Los Angeles’s most powerful, well-heeled forces. Yet amid the uniformed service workers, budding actors, and retirees enjoying coffee and French toast, unlikely revolutionaries plot the next major battle over the city’s future. Driving their rebellion is a proposal from the L.A. planning department that would allow greater density in the heart of Hollywood, a scruffy district that includes swaths of classic California bungalows and charming 1930s-era garden apartments. The proposal—which calls for residential towers of 50 stories or more along Hollywood Boulevard, where no building currently tops 20 stories—has been approved unanimously by the city council and will now probably be challenged in court.

Read Full Article

SaveHollywood.org is currently suing the City to prevent it from being destroyed. The facts and the law are on our side but we will have to show it in court. Lawsuits are costly. We need your financial support to save the Hollywood we all love. Now is the time to act. Please take a moment to use the “Donate” button or write a check to SaveHollywood.org to make it a success.

Why are people suing the City over the Hollywood Community Plan?

There are some falsehoods floating around that the people who have sued the city are NIMBIES who do not want development in their backyards and their views from the Hills destroyed.

If people read the three lawsuits, they will see the falsity of such charges. (see side bar under Learn More and Share)

Setting aside the legalese, the core problem is corruption although that word does not appear in the lawsuits. Los Angeles in general and Hollywood in particular has been subjected to extensive corruption and incompetence over the last decade. The Hollywood Community Plan was another product of such corruption and incompetence.

The basic fraud of the Hollywood Community Plan is to state that Hollywood has been experiencing dramatic growth and we need to build for 250,000 people in 2030. That claim is completely false, but the City made it in order to deceive people into approving extremely lax zoning rules so that developers could build any project while excluding community input. Had the Hollywood Community Plan told the truth that Hollywood has experienced a 20 year decline in population and there is no fact from which to assume that the downward trend will reverse it, then building for 250,000 residents would be a fool’s goal. Building poorly planned projects is a feature of Crony Capitalism nationwide. When one builds with public funds, the losses are socialized while the profits are skimmed from the front end.

When the Hollywood Community Plan was drafted, one must remember that the Community Redevelopment Agency (CRA) existed and it was siphoning off hundreds of millions of incremental tax dollars each year and then underwriting these projects, none of which pay one cent in incremental property tax dollars. Thus, it did not matter if the projects harmed Hollywood as long as the developers got paid and the City was on the hook for many of the loans.

Using US Census data, Hollywood’s population will be only 190,000 or fewer people by 2030. That is 60,000 less people than the Hollywood Community Plan envisions for 2030. Had Garcetti’s Hollywood Community Plan told the truth about how much the CRA projects had already harmed Hollywood, people would have seen the corruption and incompetence for themselves. Thus, the Plan lied over and over and over again.

The danger of corruption cannot be understood unless one realizes the role that the CRA played. Because the CRA was diverting millions of incremental property tax dollars into its own coffers, the City was perpetually broke. In 2009, 2010, and 2011 the City would pretend that it had no funds and would declare the need to fire people and cut salaries, but all the while it had hundreds of millions of dollars in its CRA bank accounts and the City Council had the power to use these funds to keep the libraries and parks open, to keep the fire department at full force and to up-grade the fire department. (Saying that the LAFD was deficient is not a criticism of the fire fighters. They were and are victims just like us, only more so.)

Rather than taking money away from the developers by using CRA funds to improve the LAFD’s response times, Garcetti as Council President presented bogus emergency response data to the City Council saying that LAFD was doing so great that they could cut the LAFD budget by $200 Million. As the charts show, the LAFD response times have been deteriorating. Falsified response data gave the Council members “deniability” for the harm that would follow. But, we have to ask ourselves what motivation would the LAFD have to falsify statistics in order to reduce their budget? Just who was it that solicited this false data?

As a result of the response data fraud, the CRA gravy train continued, while Angelenos died. Eli Broad got $52 Million for a parking garage next to his art museum, while some father somewhere died of a heart attack because the paramedics could not reach him in time. More children are without grandmothers; others have been seriously burned. The City Council knows that we cannot point to any particular person and prove that he or she died because the paramedics reached the home in 7 minutes rather than 4 minutes. At least, the City Council hopes that we cannot pin it on them. That type of investigation would require a criminal Grand Jury with subpoena power.

We become upset when gang bangers drive by and indiscriminately shoot from car windows killing an innocent child or teenager or mother or father. There is no moral difference between reducing the ability of the emergency responders to reach people than randomly shooting at a crowd of people. The gang banger often does not know whom he killed nor does he care. The same was true for the Garcetti City Council. They did not care who died or was maimed as a result of their reckless and wanton behavior — just as long as they evade responsibility and the developers got their loot.

Unexpectedly, the citizens fought back and abolished the corrupt CRA’s (DoD 2-1-2012) and now more citizens are fighting back again by suing the City over the fraudulent Hollywood Community Plan.

The Hollywood Community Plan wanted to bring 60,000 more residents to Hollywood while degrading fire protection, while hamstringing paramedics, while leaving the LAPD under-sized with antiquated equipment, and while traffic became worse. There was no plan how to handle the extra stress on our water mains or how to provide water for 60,000 more people except to tell Hollywoodians to stop watering their lawns.

The people in the Hollywood Hills and the people in the Hollywood Flats are fighting to make certain some toddler does not die after falling into a swimming pool, so that some 70 year old woman doesn’t needlessly die of a heart attack, and so that scores of people do not lose their homes to fires because there are not enough fire trucks or firemen. It may be dramatic, but it is true. We are fighting for our lives and the lives of our loved ones against the corruption which has turned City Hall into a Temple of Crimogenics.

That is why there are three lawsuits against Garcetti’s Hollywood Community Plan.

LAFD Fire Data Charts

Video of Hollywood Sign Fire