West Chandler Boulevard Neighborhood Ass'n v. City of Los Angeles

198 Cal. App. 4th 1506, 130 Cal. Rptr. 3d 360
CourtCalifornia Court of Appeal
DecidedAugust 16, 2011
DocketNo. B226663; No. B229418
StatusPublished
Cited by18 cases

This text of 198 Cal. App. 4th 1506 (West Chandler Boulevard Neighborhood Ass'n v. City of Los Angeles) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Chandler Boulevard Neighborhood Ass'n v. City of Los Angeles, 198 Cal. App. 4th 1506, 130 Cal. Rptr. 3d 360 (Cal. Ct. App. 2011).

Opinion

Opinion

WILLHITE, J.

West Chandler BoulevardNeighborhood Association, Mitchell Ramin, and Jeff Gantman (collectively appellants) petitioned for a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5,1 seeking to overturn a decision by the City of Los Angeles (City) to grant a conditional use permit (CUP) and parking variance to real parties in interest Chabad of the Valley, Inc., and Chabad of North Hollywood (collectively Chabad). The superior court denied appellants’ petition for a writ and denied Chabad’s motion under section 1021.5 for attorney fees. In these appeals, consolidated for purposes of oral argument and decision, appellants challenge the denial of the writ, and Chabad challenges the denial of their motion for attorney fees. We conclude the city council did not comply with the relevant provisions of the Los Angeles City Charter (L.A. Charter) and the Los Angeles Municipal Code (LAMC or Municipal Code) and with the requirements of Topanga Assn, for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 [113 Cal.Rptr. 836, 522 P.2d 12] (Topanga). We therefore reverse the denial of the writ and dismiss the appeal regarding attorney fees as moot.

FACTUAL AND PROCEDURAL BACKGROUND

Chabad has operated a synagogue since 1981 in a 1,500-square-foot one-story building, located at 13079 West Chandler Boulevard, in an R-l zoned residential community. The property is triangular, bounded by three streets, and is approximately 9,568 square feet in area.

In 1981, the City granted Chabad a CUP and parking variance, allowing it to use the property to operate a Jewish synagogue with a congregation of [1510]*1510approximately 45 people and to maintain only seven parking spaces instead of the 20 spaces that would have been required based on the size of the assembly space. By 2007, the congregation had grown to about 200 people.

In March 2007, Chabad applied to the City for permission to demolish the one-story building and build a 16,100-square-foot three-story building. Chabad sought a variance to allow a building height of 45 feet instead of 36 feet and a parking variance to allow five parking spaces instead of the requisite 83 spaces.

In August 2007, the City filed a notice of intent to adopt a mitigated negative declaration as to Chabad’s project, pursuant to the requirements of the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21092; Cal. Code Regs., tit. 14, § 15072.) The City found that the environmental impact of the project, including aspects such as parking, landscaping, tree removal, and street improvements, would be mitigated to a level of insignificance.

A public hearing was held on February 4, 2008, to consider the application. Members of the synagogue testified that the current space was too small and that many of them walked to services, so parking would not be an issue. Opponents to the application testified about concerns regarding parking, the height of the proposed building, the length of the proposed hours of usage (7:00 a.m. to 11:00 p.m.), and other impacts on the residential neighborhood.

On November 25, 2008, the City zoning administrator approved aspects of Chabad’s proposal, under numerous terms and conditions. As pertinent here, the zoning administrator approved a CUP for Chabad to build a religious facility in the R-l zone, but she limited the facility to 10,300 square feet and required a minimum of 40 percent of the square footage to be at basement level. She denied a variance to permit a building height of 37 feet rather than 33 feet, or 28 feet for a roof with a slope less than 25 percent. She limited the assembly space to 2,400 square feet and so approved a parking variance to provide five parking spaces instead of the 68 required for an assembly space of that size. Chabad had proposed an assembly space of 3,654 square feet, which would have required 104 parking spaces. The zoning administrator imposed numerous other conditions, such as limiting the hours of operation to 7:00 a.m. to 10:00 p.m.

Appellants appealed to the South Valley Area Planning Commission (Planning Commission), raising concerns such as the size of the building, the exacerbation of already existing problems with traffic, noise, and parking, and the inconsistency of the proposed building with the residential neighborhood. Chabad also appealed, asking for permission to build a building totaling [1511]*151118,049 square feet, with hours of operation from 6:30 a.m. to 11:00 p.m., and seeking other modifications to the project.

The Planning Commission held a hearing on February 12, 2009, at which it granted appellants’ appeal and denied Chabad’s appeal. At the hearing, the commissioners expressed concern with parking and with the size of the building relative to the lot. The Planning Commission found that the project was much too large for the size of the lot, would be materially detrimental to the character of the neighborhood, and would not be in harmony with the City’s general plan. It further found that there was insufficient parking for the facility, despite the religious ban on driving on certain days, noting that there would be numerous events with high attendance and no driving restrictions. The Planning Commission found that the parking variance was not necessary for the preservation and enjoyment of the use, reasoning that other Chabad facilities in the area were much smaller but had more parking spaces than the five allowed in this case. The Planning Commission also expressed concern that the proposal for offsite parking was inadequate.

On June 16, 2009, the Los Angeles City Council voted to assert jurisdiction over the Planning Commission’s decision under sections 245 and 562 of the L.A. Charter and scheduled a hearing. (See L.A. Charter, §§ 245, 562.) Prior to the June 19, 2009, hearing, Chabad worked with Councilmember Jack Weiss to develop a compromise proposal.

At the city council hearing, after the public comment portion was closed, Councilmember Weiss set forth the proposal and circulated it to the other council members. He proposed modifications such as reducing the height of the building to 28 feet and requiring Chabad to lease parking for invitation-based events. The city council voted to approve the proposal, thus denying appellants’ appeal to overturn the zoning administrator’s decision and granting Chabad’s appeal to modify the zoning administrator’s decision. Although the city council members asked a few questions of the Chabad representative, there was no opportunity at the hearing for appellants to address the proposal. The proposal approved by the city council granted Chabad a CUP to build a 12,000-square-foot building, 28 feet high, with 20 percent of the building in the basement, and five parking spaces. The assembly space was now 3,370 square feet instead of 2,400 square feet, with a maximum occupancy of 200 people.

Appellants filed a petition for a writ of mandate in the superior court pursuant to section 1094.5, seeking to overturn the city council’s decision. Appellants argued that Chabad had violated its CUP and parking variance for years, with no repercussions by the City, indicating that the parking mitigations put in place by the city council would be ineffectual. They further [1512]

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Cite This Page — Counsel Stack

Bluebook (online)
198 Cal. App. 4th 1506, 130 Cal. Rptr. 3d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-chandler-boulevard-neighborhood-assn-v-city-of-los-angeles-calctapp-2011.