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Judge Orders City to “Reconsider” its Attempt to Change the General Plan

Fix The City, Save Hollywood, La Mirada and HELP won a victory earlier this year when Superior Court Judge Goodman ordered the City to rescind its new Hollywood Community Plan.

In response, the City not only rescinded the flawed plan, but also passed a resolution amending the General Plan to “overrule and supersede” the Court’s order.

A hearing was held June 20, 2014 and Judge Goodman’s ruling came out today. (Ruling here)  (Amended Writ here).

Key Court Findings:

  • “The Court holds that that portion of the April 2 Resolution which states or implies that the to-be~ revised HCPU (and EIR, etc.) need not comply with the City Charter or state law, including but not limited to Public Resources Code section 21081.6, is contrary to law and to the Judgment and Writ issued by this Court on February 11 , 2014.”
  • “The resolution of Respondents adopted on April 2, 2014 is demonstrably arbitrary, capricious and without basis in law for these reasons and to this extent. Further, no reasonable person could conclude that adoption of the April 2 Resolution made the General Plan of the City of Los Angeles internally consistent; indeed the contrary is the case for the reasons stated. “
  • “Because the offending part of the Resolution cannot be severed from the balance, Respondents are therefore ordered to reconsider the April 2 Resolution in full .”
  • “At this stage in this litigation it does appear, however, that Respondent City Council’s adoption of the April 2 resolution errs, inter alia, by suggesting that it need not redraft the HCPU, its EIR and related documents to provide appropriate monitoring or reporting programs; and Respondents’ actions constitute a misstatement and misapplication of the City Charter, state law and the February 11, 2014 Judgment.”

Fix The City had filed a supplemental writ concerning the City’s efforts in case the City claimed their actions represented their final action on the Court’s order.

Save Hollywood, La Mirada and HELP asserted that the City had created a new inconsistency in the General Plan, that the City had not complied with the writ and asked the Judge to force the City to rescind the change.

The Judge found that Save Hollywood and HELP were correct and that the City had therefore not complied with his original writ.

As such, since the writ was not final and FTC’s supplemental writ was “early.”  The Judge did inform FTC that FTC could re-file once the City’s final actions were known.

FTC thanks Judge Goodman for his careful and thorough review of this important issue.

(this post updated to reflect that the Judge ordered the City to reconsider its action, not rescind.)