A Local & Regional Monitor v. City of Los Angeles

I.

Introduction

Appellant, A Local and Regional Monitor (ALARM), is attempting to halt the development of the downtown Los Angeles Metropolis Project (Project), which includes office, hotel, retail and cultural facilities. Neither ALARM, nor any other entity, challenged the environmental impact report (EIR) for the Project during the certification process or after it was certified by the lead agency, the Los Angeles Community Redevelopment Agency (CRA). In these proceedings, ALARM challenges the EIR by asserting that the City of Los Angeles, acting in its capacity as a responsible agency, erred under the California Environmental Quality Act (CEQA) by not assuming the role of lead agency and preparing a subsequent EIR. ALARM contends that “new information” requiring a subsequent EIR surfaced when the CRA’s traffic consultant prepared a letter (Crain Letter) in response to a question asked by the city planning commission’s chief hearing examiner.

ALARM also contends that the city council failed to respond properly to ALARM’S late mitigation proposals.

ALARM also questions the city council’s and CRA’s use of public benefits payments received from the real parties in…