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CITY OF LOS ANGELES

city OF LOS ANGELES . DEPARTMENT OF city PLANNING. ZONING INFORMATION FILE. Effective Date: February 18, 2014. ZI NO. 2433. COURT INJUNCTION RESTRICTING CERTAIN PERMITS IN THE. HOLLYWOOD COMMUNITY PLAN AREA. COUNCIL DISTRICTS: 4, 5, 13. COMMENTS: The city Council adopted the Hollywood Community Plan Update on June 19, 2012. The Update's associated General Plan amendments were effective as of that date. The Council also adopted Ordinance Number 182,173, which became effective on August 6, 2012. The Hollywood Community Plan Update and Ordinance ,173 are collectively referred to as the HCPU below. On February 11, 2014, the Los ANGELES County Superior Court issued an injunction prohibiting the city from granting any authority, permits or entitlements which derive from the HCPU or its EIR. [Environmental Impact Report] (Please reference the summary at the end of this document for a more concise explanation of the purpose and content of this ZI).

Los Angeles County Superior Court on February 11, 2014. The injunction prohibits the City from issuing any permits or granting any entitlements or modifications to existing entitlements which rely

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Transcription of CITY OF LOS ANGELES

1 city OF LOS ANGELES . DEPARTMENT OF city PLANNING. ZONING INFORMATION FILE. Effective Date: February 18, 2014. ZI NO. 2433. COURT INJUNCTION RESTRICTING CERTAIN PERMITS IN THE. HOLLYWOOD COMMUNITY PLAN AREA. COUNCIL DISTRICTS: 4, 5, 13. COMMENTS: The city Council adopted the Hollywood Community Plan Update on June 19, 2012. The Update's associated General Plan amendments were effective as of that date. The Council also adopted Ordinance Number 182,173, which became effective on August 6, 2012. The Hollywood Community Plan Update and Ordinance ,173 are collectively referred to as the HCPU below. On February 11, 2014, the Los ANGELES County Superior Court issued an injunction prohibiting the city from granting any authority, permits or entitlements which derive from the HCPU or its EIR. [Environmental Impact Report] (Please reference the summary at the end of this document for a more concise explanation of the purpose and content of this ZI).

2 In order to comply with this injunction, projects in the Hollywood Community Plan Area, identified in ZIMAS with ZI-2433 Hollywood Community Plan Update Injunction, shall be processed in strict accordance with this ZI. INSTRUCTIONS: The Department of Building and Safety shall not issue any permit for the construction, erection, addition to or alteration of any building or structure, for the use of land or for a change of use unless the Department of city Planning first issues a HCPU Injunction Clearance. A PCIS. Project Clearance Condition ZI with the specific description of Hollywood Community Plan Update (HCPU) Injunction - ZI 2433 shall be selected from the list of clearances pre-designated for Department of city Planning review. EXCEPTION: A HCPU Injunction Clearance is not required for Express Permits, or for work consisting solely of tenant improvements, the installation of roofing materials, the installation of windows and doors, or interior alterations that do not result in increased floor area or density, as permits for such work do not derive from the HCPU or its EIR.

3 The Department of Building and Safety shall refer applicants who require a HCPU Injunction Clearance only to the Department of city Planning, Development Services Center at 201 N. Figueroa Street, 4th Floor, Los ANGELES , CA 90012, or (213) 482-7077. The Department of city Planning may only issue a HCPU Injunction Clearance in accordance with paragraphs 1-5 below. ZI No. 2433 Page 1 of 4. HCPU Injunction Clearances may only be issued by the following staff or their designee: David Weintraub, Associate Zoning Administrator, (213) 482-7077. Maritza Przekop, city Planning Associate, (213) 482-0482. 1. Permits and Clearances for Previously Approved Project Entitlements The Department of city Planning may issue a HCPU Injunction Clearance for all projects that received a discretionary Planning entitlement with an effective date prior to February 11, 2014, provided that the entitlement is not subject to an on-going court challenge.

4 The HCPU Injunction Clearance authorizes the Department of Building and Safety, and any other relevant city Department, to issue all ministerial permits, clearances and approvals necessary to allow the project to be built in compliance with the previously issued discretionary Planning entitlement. For projects that are currently in litigation, the effect of the invalidation of the HCPU and its EIR, if any, will be determined by the court where the challenge to the project is pending. The Department of city Planning shall require project applicants to follow the procedures in paragraph 2 below if the applicant seeks: (1) a building permit that does not comply with the previously issued discretionary entitlement, or (2) an entitlement modification. 2. Temporary Holds on Entitlements Applications for entitlements that derive from the HCPU shall be placed on hold until such time as the city Council takes a legislative action resulting in the revival of the Hollywood Community Plan, zoning ordinances, and regulations that were in place immediately prior to the adoption of the HCPU.

5 (See city Council Motion dated February 14, 2014.) An entitlement or modification derives from the HCPU if the HCPU changed the applicable regulations for the project (including but not limited to the zoning designation, permitted uses, density limitation, height limitation, or set back, dedication or improvement requirements), or if the entitlement will require the city to make findings that the project is consistent with the General Plan. The Department of city Planning may issue new project entitlements and modifications to previously issued entitlements only if the entitlement or modification does not derive from the HCPU. After the Council takes its legislative action, the hold shall be lifted and the Department of city Planning will process affected entitlement applications pursuant to the revived plan, ordinances, and regulations. In many cases, this process may require the applicant to file an amended project application.

6 Under no circumstances may a new project entitlement or a modification to a previously issued entitlement rely upon the EIR for the HCPU. The hold described in this section shall apply to all applications requiring legislative approvals, including but not limited to zone changes and general plan amendments. It is not anticipated that this hold will apply to the majority of projects that require discretionary approvals under Historic Preservation Overlay Zones ( HPOZ ), the Hollywood Signage Supplemental Use District (SUD), the Hollywoodland Specific ZI No. 2433 Page 2 of 4. Plan, or the Vermont-Western Transit-Oriented District Station Neighborhood Area Plan (SNAP), since those documents were adopted prior to the HCPU, and were not modified by the HCPU. While the hold is in place, however, the Director of Planning shall review each individual application and make a specific finding that the HCPU.

7 Did not change the applicable regulations for the project, prior to approving the discretionary entitlement. Approvals for Conforming Work under the HPOZs are ministerial in nature and shall not be subject to the hold. Requests for amendments to the HPOZs, Hollywood SUD, the Hollywoodland Specific Plan, and the Vermont-Western TOD Station Neighborhood Area Plan and Specific Plan Exceptions are subject to the hold described in this paragraph. 3. Projects with Previously Issued Building Permits Project applicants who obtained building permits prior to February 11, 2014, may proceed with the project in accordance with the terms of the building permits. Additionally, city Departments may issue all related ministerial clearances and approvals, including but not limited to Certificates of Occupancy, necessary to allow for project completion without first obtaining a HCPU Injunction Clearance.

8 Permits requested after February 11, 2014 which are supplemental to building permits issued prior to February 11, 2014, however, shall be processed pursuant to paragraph 2 above if a new entitlement or entitlement modification is required, or paragraph 4 below if no entitlements or entitlement modification is required. 4. By Right Projects For projects not requiring a Planning entitlement ( , by right projects), the Department of city Planning may issue a HCPU Injunction Clearance for a new permit or supplemental permit, if the applicable regulations governing the project (including but not limited to the zoning designation, permitted uses, density limitation, height limitation, or set back, dedication or improvement requirements) were not modified by the HCPU. 5. Other Projects with Potential Vested Rights If a Project is not permitted to proceed pursuant to paragraphs 1 through 4 above, and if the Project Applicant believes that the project has acquired vested rights that supersede the injunction, the Project Applicant may contact Associate Zoning Administrator David Weintraub at (213) 482-7077 to discuss further case processing.

9 Hollywood Community Plan Update Injunction ZI 2433. ZI No. 2433 Page 3 of 4. SUMMARY EXPLANATION. This Zoning Information (ZI) File is intended to inform and alert city staff and the general public about procedures that will guide how the city will issue permits or accept filings for new project entitlements or modifications to previously issued entitlements, in order to comply with an injunction issued by the Los ANGELES County Superior Court on February 11, 2014. The injunction prohibits the city from issuing any permits or granting any entitlements or modifications to existing entitlements which rely upon any changes initiated by the Hollywood Community Plan Update (HCPU) adopted by the city Council on June 19, 2012, or its Environmental Impact Report (EIR). Per this ZI, a Hollywood Injunction Clearance will be required for most building permits requested for any property affected by a change in the HCPU, with the exception of the tenant improvements and minor repairs (see Exception above).

10 All other building permits will be referred by the Department of Building and Safety to the Department of city Planning for review. A Hollywood Injunction Clearance may only be issued by designated staff of the Department of city Planning and all requests will be processed from the Department's Downtown Figueroa Plaza public counter. The designated staff will review and sign off on any required building permit clearances for any projects on properties affected by a change in the HCPU. The same designated staff will also review any applications for new project entitlements (or modification to existing entitlements) to ensure that the discretionary requests do not rely upon the HCPU. Projects currently filed with and under review by the Department of city Planning will be on hold until the city Council takes an action to revive the Hollywood Community Plan (1988) and zoning ordinances and regulations that were in place immediately prior to the adoption of the HCPU.


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