Westsiders Opposed to Overdevelopment v. City of L. A.

Good Law
238 Cal. Rptr. 3d 712·27 Cal. App. 5th 1079
Court of Appeal of CaliforniaOctober 1, 2018B285458California3,810 words

Opinion

Lead Opinion

Rubin, J.

Appellant Westsiders Opposed to Overdevelopment (Westsiders) appeals the trial court's denial of its petition for writ of mandate seeking to invalidate an amendment to the Los Angeles General Plan (General Plan). The City of Los Angeles (City) had amended the General Plan to change the land use designation of a five-acre development site from Light Industrial to General Commercial. The project at issue involves a mixed-use development close to a new light rail station.

Westsiders challenges the denial of its writ petition contending: (1) the City Charter (Charter) bars the amendment of the General Plan for a single project site; (2) the Charter also bars the City from allowing a member of the public to initiate an amendment; (3) the City failed to make required findings when it amended the General Plan; and (4) the amendment constituted impermissible spot zoning. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Project

In August 2013, Dana Martin, Jr., Philena Properties, L.P. and Philena Property Management, LLC (collectively, Philena) filed a land use permit application with the City. The project at issue involved the demolition of an automobile dealership located at the…

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