NOEL WEISS, ESQ. · 2016. 12. 14. · STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA Dear...

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NOEL WEISS, ESQ. Date Submitted in.£i d Council File N 13700 Marina Pointe Drive. #922 Marina del Rey California 90292 Telephone: (310) 822-0239 Facsimile. (310) 822-7028 Email Address: noelweiss@ca,rr.com December 13, 2016 MEMBERS OF THE CITY COUNCIL PLUM COMMITTEE 200 North Spring Street Los Angeles, California 90012 n RE: COUNCIL FILE NO. 16-7048 - ITEM NO-7 - APPROVAL OF PROPOSED DEVELOPMENT AGREEMENT BETWEEN CITY OF LA & 5901 SUNSET STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA Dear Councilmembers Huizar (Chair), Harris-Dawson, Cedillo, Englander, & Price, Jr I write in Opposition to the Councils approval of the proposed Development Agreement between the City of Los Angeles and Sunset Studios Holdings, LLC respecting the six (6) lots (with fourteen (14) separate addresses) generically (and collectively) described as 5901 Sunset Blvd Contrary to what is stated on Exhibit ET to the proposed Development Agreement and in H1.27, the land use entitlements approved by the City Council on August 31, 2016, did not include the requisite Council Resolution effectuating the proposed "spotGeneral Plan Amendment changing the land use designation of these collective 5901 Sunset Blvd. Propertiesfrom Highway Oriented Commercialto Regional Center Commercial. To date, no such spotGeneral Plan Amendment Resolution has been passed by the City Council. To do so would contravene the 2012 Court Order of Judge Goodman in Fix the City vs. City of Los Angeles - LASC No. BS 138580 invalidating the Hollywood Community Plan Update. That Order directed the City to rescind, vacate, and set aside all action approving of the Hollywood Community Plan Update. The proposed (unadopted) Resolution (see attached copy) to effectuate the spotGeneral Plan Amendment directed solely to the group of lots which constitute the 5901 Sunset Blvd. Properties'incorporated the identical land use designation change which Judge Goodman directed be set aside and vacated This matter is the subject of pending litigation in the case of Bronson Avenue Properties, LLC. vs. City of Los Angeles - Case No. BS 165747.

Transcript of NOEL WEISS, ESQ. · 2016. 12. 14. · STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA Dear...

Page 1: NOEL WEISS, ESQ. · 2016. 12. 14. · STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA Dear Councilmembers Huizar (Chair), Harris-Dawson, Cedillo ... REYES SUBDIVISION Of THE EAST

NOEL WEISS, ESQ. Date

Submitted in.—£i d

Council File N13700 Marina Pointe Drive. #922 Marina del Rey California 90292 Telephone: (310) 822-0239 Facsimile. (310) 822-7028 Email Address: noelweiss@ca,rr.com

December 13, 2016

MEMBERS OF THE CITY COUNCIL PLUM COMMITTEE200 North Spring Street Los Angeles, California 90012

nRE: COUNCIL FILE NO. 16-7048 - ITEM NO-7 - APPROVAL OF PROPOSED DEVELOPMENT AGREEMENT BETWEEN CITY OF LA & 5901 SUNSET STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA

Dear Councilmembers Huizar (Chair), Harris-Dawson, Cedillo, Englander,& Price, Jr

I write in Opposition to the Council’s approval of the proposed Development Agreement between the City of Los Angeles and Sunset Studios Holdings, LLC respecting the six (6) lots (with fourteen (14) separate addresses) generically (and collectively) described as “5901 Sunset Blvd ”

Contrary to what is stated on Exhibit “ET to the proposed Development Agreement and in H1.27, the land use entitlements approved by the City Council on August 31, 2016, did not include the requisite Council Resolution effectuating the proposed "spot” General Plan Amendment changing the land use designation of these collective “5901 Sunset Blvd. Properties” from “Highway Oriented Commercial” to “Regional Center Commercial”. To date, no such “spot” General Plan Amendment Resolution has been passed by the City Council. To do so would contravene the 2012 Court Order of Judge Goodman in Fix the City vs. City of Los Angeles - LASC No. BS 138580 invalidating the Hollywood Community Plan Update. That Order directed the City to “rescind, vacate, and set aside all action approving of the Hollywood Community Plan Update”.

The proposed (unadopted) Resolution (see attached copy) to effectuate the “spot” General Plan Amendment directed solely to the group of lots which constitute the “5901 Sunset Blvd. Properties'’ incorporated the identical land use designation change which Judge Goodman directed be set aside and vacated This matter is the subject of pending litigation in the case of Bronson Avenue Properties, LLC. vs. City of Los Angeles - Case No. BS 165747.

Page 2: NOEL WEISS, ESQ. · 2016. 12. 14. · STUDIOS HOLDINGS, LLC - CASE NO. CPC-2015-984-DA Dear Councilmembers Huizar (Chair), Harris-Dawson, Cedillo ... REYES SUBDIVISION Of THE EAST

MEMBERS OF THE LA CITY COUNCIL PLUM COMMITTEEDecember 13, 2016 Page Two

Therefore, no action should be taken on this Development Agreement until (i) the City Council has acted to lawfully amend and update the Hollywood Community Plan, and (ii) the pending litigation has been resolved or settled.

NOECNW: nww 1213-L1. PLUM

Enclosure

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RESOLUTION

WHEREAS, the subject property is located within the area covered by the Hollywood Community Plan ( 'Community Plan ’), winch was adopted by the City Council on December 13, 1988 (CF 86-0695 SI); and

WHEREAS, the applicant is proposing to develop a mixed-use project consisting of 274,000 square feet of office space and 26,000 square feet of retail space that would provide creative office space and retail amenities for residents and employees in the Hollywood community; and

WHEREAS, to carry out the above-referenced project, the applicant has requested a General Plan Amendment to (a) change the land use designation for the subject property from Highway Oriented Commercial to Regional Center Commercial within the Hollywood Community Plan (“Community Plan") and, (b) amend the General Plan Generalized Land Use Map for the Community Plan area to reflect the Regional Center Commercial land use designation; and

WHEREAS, the General Plan Amendment is consistent with Charter Sections 555, 556, and 558, representing an Amendment in Part of the Hollywood Community Plan, necessary to correct a conflict between the zoning and land use designation; and

WHEREAS, the City Planning Commission at its meeting of April 14, 2016, approved the foregoing General Plan Amendment; and

WHEREAS, the General Plan Amendment is necessary to achieve and maintain consistency between zoning and the adopted Community Plan as required by California State law; and

WHEREAS, pursuant to the provisions of the Los Angeles City Charter, the Mayor and the City Planning Commission have transmitted their recommendations; and

WHEREAS, the requested General Plan Amendment is consistent with the intent and purpose of the Hollywood Community Plan to designate land uses in an orderly and unified manner; and

WHEREAS, the subject request would provide for a more logical and uniform pattern of planned land use development that is compatible with surrounding land use designations on the General Plan; and

WHEREAS, the project has been analyzed in an Environmental Impact Report, SCH No. 2014021009, in accordance with the City's Guidelines for implementation of the California Environmental Quality Act (“CEQA”) by the Department of City Planning.

NOW, THEREFORE, BE IT RESOLVED that the Community Plan shall be amended as shown on the attached General Plan Amendment Map.

S'LY LINE OF LOT 5, PAUL i ANGEL REYES SUBDIVISION Of THE EAST 6 ACRES OF THE SOUTH EAST 114 OF THE NORTH WEST 112 OF SECTION 11 TOWNSHIP 1 SOUTH RANGE 14 WEST SBM.

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Exhibit B4

C M 147 B 191 CPC 2013-2812 GPA2C HDCU SPRLH/u i. HOLLYWOOD 010716

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