West Hollywood Is Taking Action. Why Can’t LA?


Level Furnished Living in Downtown LA

A friend just sent me an article from Wehoville. Last year the City of West Hollywood issued a ruling that Korman Communities, operator of the AKA extended-stay hotel, was breaking the law by offering units as short-term rentals. There are actually 190 units in the complex, which was originally approved by the City as residential condominiums. When the site was purchased by Korman, they announced that the units would instead be offered for extended-stays. This is key, because this use is allowed, since guests would be residing there for more than 30 days.

But after doing some research, Interim Director of Planning John Keho concluded that the 110 units in the west tower were actually being offered as hotel rooms. He found evidence on-line that AKA was promoting the building as a hotel and decided the City had to put a stop to it. Korman is appealing the decision, and there will be a hearing this week.

The reason I’m bringing this is up is that there’s a similar situation at Level Furnished Living (LFL) in Downtown LA, and City Hall has done absolutely nothing about it. The project was approved back in 2013 as 303 residential condominiums and 7 commercial condominiums. But when it actually opened, the units were being offered not as condos but for extended stays. Again, this is legal, because the guests are staying for longer than 30 days. But last year the LA Weekly reported that the units were being offered for short-term stays. In other words, they’d become hotel rooms. This is not legal.

And what has the City of LA done about it? Absolutely nothing. The owners of the building claimed they were working with the Department of City Planning (DCP) to get a transient occupancy permit. This may be true, but the DCP hasn’t approved anything yet, and the building is still operating as a hotel. In other words, while the folks at City Hall are telling us we have a housing crisis every chance they get, they’re allowing the owners of LFL to turn over 300 residential units into hotel rooms.

So what does the City have to say for itself? I was at a meeting last month where a guy from the City Attorney’s office spoke. He first told us that they just didn’t have the staff to go after illegal short-term rentals (STRs). He went on to say these cases were really difficult because the City had to send inspectors out to the site to actually see that there were guests who were staying there illegally. This was tricky, because inspectors worked during the day, and tourists were usually only in their rooms at night. So, according to him, the City’s hands were tied.

What rubbish.

How hard is it to find evidence that LFL is offering units as hotel rooms? I just went to Hotels.com and did a search. It came up right away. I punched in some dates and found I could stay there for as little as one day.

LFL from Hotels Book One Night 180313 CROPPED

But is that really evidence? Even if they’re posting on Hotels.com, maybe no one has ever actually booked a room as a short-term guest. So I went to Yelp! next, and found these reviews….

“My family decided to travel back to LA over Thanksgiving. Since we are a family of four with two little kids we didn’t want to inconvenience anyone by staying in their home. That being said, since we had kids we needed to also have a kitchen and ample living space for our brief stay, enter Level Furnished Living.”

“I ended up staying at Level after a nearby hotel messed up my reservations multiple times and could not host me. The staff at Level were so accommodating and wonderful! We were given an early check in time and they answered all questions we had.”

“Last weekend I traveled to LA for a fun filled weekend of football. On Saturday I watched a great game between the Texas Longhorns and USC. The next day I saw one of thenew LA teams the Chargers play my home team the Miami Dolphins. Now even though those experiences were great, I had to give kudos to the place were I stayed. Which wasLevel Furnished Living!”

People do really seem to love the place. And I should point out that some guests who posted reviews had stayed for months. But it’s clear from these postings that LFL is offering units as hotel rooms.

So why hasn’t the City taken action? Back in 2016, when short-term rentals were becoming big news, City Attorney Mike Feuer held a press conference and announced that he was going after four apartment owners who had illegally turned units into STRs. But we’re coming up on two years since that press conference, and last time I checked none of those cases had been resolved. Feuer is good at putting on a show for the media. Not so good when it comes to cracking down on wealthy developers.

And would Feuer even have to file a suit against LFL? No. The City could start by simply sending a letter to the owners saying that the City had evidence that the building is operating as a hotel, and telling them to either shape up or face the consequences. If they failed to comply, then the City could open an investigation. I don’t care how short staffed they are. This isn’t a duplex where the landlord is making some extra cash on the sly. This is a tower with over 300 units in the heart of Downtown. It was approved as residential housing. The DCP keeps approving new luxury towers in Downtown, insisting that the area needs more housing. Why isn’t it cracking down on people who are illegally taking housing off the market?

Actually, the answer is simple. City Attorney Mike Feuer, Councilmember Jose Huizar and Mayor Eric Garcetti really have no interest in providing housing for the people of LA. They also have no interest in prosecuting wealthy deveopers, no matter how many laws the developers break. They’ll give you a lot of excuses, but in reality they just don’t give a damn.

Bottom line, the City of West Hollywood is taking action. The City of Los Angeles is not.

If you want to read about city officials who actually feel it’s their responsibility to serve the public, here’s the story from Wehoville.

AKA Appeals City Decision that Its Short-Term Luxury Rentals Are Illegal

Mama Shelter, DJs and the DCP


MS Side

Side view of Mama Shelter

[This post has been updated.  The first version implied that the DCP had deliberately failed to send me a notice for the Mama Shelter hearing.  But I was cleaning out my inbox recently, and found the e-mail, unopened.  I must have let it slip past.  So my fault, not theirs.]

Last week I went to a hearing down at City Hall. The agenda item I was concerned about was a request by a Hollywood hotel, Mama Shelter, to allow live entertainment, including DJs, on their rooftop until 2:00 am.

Let me explain why I was worried. I like to have a drink and listen to live music as much as anyone, but the Hollywood party scene has grown to the point where it’s really causing problems for the community. I don’t live close enough to the boulevard to be bothered by the noise, but over the years I’ve heard many people complain that sometimes it gets so bad they can’t sleep. There are a number of apartment buildings close to Mama Shelter, and senior housing just a couple blocks away. The other problem is that as the party scene grows, the crowds are getting increasingly rowdy. Violent crime in Hollywood has been rising for years, and the LAPD doesn’t have enough staff to keep up. Check out this recent report and you’ll see that, except for homicide, violent crime has risen in every category over the past two years.

LAPD Hollywood Area Profile, November 2017

So I had some definite concerns about Mama Shelter’s request, and on the day of the hearing I was going to let everybody in the room know I was not happy. But instead I got a nice surprise. The first person to speak was the rep for the hotel. He said they knew the community was concerned about the noise, and for the time being they were withdrawing their request for live music on the roof. He didn’t say it was completely off the table, but the hotel will try to work with the LAPD to find a compromise. I was impressed. Who knows what the eventual outcome will be, but at least these people are listening. I do hope a compromise can be reached. I should also mention that LAPD vice officers spoke at the hearing, and they gave the hotel high marks for adhering to the law. Hollywood has had numerous problems with bad operators, so it was encouraging to hear their praise for Mama Shelter.

MS Grnd Floor

The problem for Mama Shelter is that they’re dealing with increased competition from new hotels that are springing up all around it. City Hall has decided they want to turn Central Hollywood into party central, and the Department of City Planning (DCP) is approving pretty much every crazy request they get from developers. Almost every hotel project that’s been pitched for the area in recent years includes a rooftop bar/lounge. Hollywood has been a mix of residential and commercial for over a hundred years, and it’s always been a balancing act. But in recent years the City has shown increasing contempt for the people who live in the area. There are already well over 60 places you can get a drink in Central Hollywood, and the DCP keeps approving more liquor permits, showing little concern for alcohol-related harms. And they don’t seem to care about people getting a good night’s sleep either, as they continue to approve requests to offer live entertainment. Do they have any idea how much extra work they’re creating for the LAPD? I have no problem with people coming to Hollywood to have a few drinks and hear some music, but more and more it seems to be drawing party animals who just want to get wasted and cut loose. Not good for the community.

Actually, I have a few problems with the DCP. Not only have they shown a growing disregard for rational planning practices, but the agency is becoming increasingly opaque and dishonest.  The experience with the hearing for Mama Shelter is a classic example.  When a friend forwarded the hearing notice, I saw that to review the impacts of allowing music on the rooftop they’d done an addendum to Mama Shelter’s original environmental assessment. (Put simply, they’re using the hotel’s original environmental assessment and adding a new section to talk about what impact live music might have on the community.) I was thinking I’d like to take a look at the addendum, but I couldn’t find it on the net. So on Monday, November 6, I send an e-mail to the zoning administrator (ZA) asking if he can forward it. A couple days go by. No response. On Wednesday I send another e-mail. This time he writes back to say….

“In reviewing the case file, as the size and overall mode of operation will not change, a categorical exemption in lieu of the reconsideration will be prepared for the project.”

There are a couple of big problems here. In the first place, the ZA is saying that even though Mama Shelter is asking to allow live music on the rooftop until 2:00 am, the “overall mode of operation will not change”. What?! The DCP’s original determination for Mama Shelter specifically prohibited live music. Now the ZA is saying that having DJs on the roof doesn’t represent a change in the way they operate? This is ridiculous, and to my mind it shows how the DCP is willing to completely ignore reality in order to serve the interests of property owners.

But the second problem is even more serious. The hearing notice said this change of use was being assessed by an addendum to the environmental assessment. Now, less than a week before the hearing, the ZA tells me that it’s being handled with a Categorical Exemption (CE), which means that the DCP sees no significant impacts at all. Forget about that fact that they’re pretending live music on the rooftop won’t impact the neighborhood. Now the ZA is changing the content to be considered less than a week before the hearing. And what’s even more bizarre, no revised agenda was ever posted. I checked the DCP web site the day before the hearing. It still said the addendum would be discussed.

I brought all this up at the hearing, and the gentleman who presided said he would discuss it with the ZA. Since Mama Shelter had withdrawn their request for live music it didn’t seem important to take it further. But this isn’t an isolated incident. This may seem like a relatively minor case, but I’ve been following development issues for years now, and more and more the DCP has been resorting to shady maneuvers like this to slide things through.

You want some examples?

Let’s talk about the North Westlake Design District (NWDD). The DCP wants to create a zoning overlay for the area roughly bounded by Temple/Beverly, Glendale, Third, and Hoover. The 2014 draft proposal says it will “guide new development that will complement the existing character of the neighborhood, create a pedestrian friendly environment, and provide neighborhood-serving amenities.” Translation: This community is next on City Hall’s gentrification hit list. Why do I think this? The first thing on the list of permitted uses: art galleries. The list also includes bakeries, bars, restaurants and cafés. And what are the prohibited uses? This list includes pretty much any business related to cars, including sales, storage, upholstery and repair. This list also prohibits bowling alleys, public storage facilities, and recycling sites. The latest version of the NWDD has dropped this list of approved and prohibited uses, but the intent is still clear. Many of this low-income community’s existing businesses would gradually be phased out to create another upscale enclave populated mostly by white people. And who proposed this new zoning overlay? Did it come from the community? Or course not. The draft proposal says up front, “The zoning ordinance is initiated by the City of Los Angeles.” Why isn’t the DCP instead initiating an update of the Community Plan, starting with public meetings to get input from residents? Because that would thwart City Hall’s plans to turn the area over to developers for yet another round of gentrification and displacement.

Or how about this item. Earlier this year the City Planning Commission (CPC) approved the tommie, a hotel slated for a vacant parcel on Selma near Wilcox in Hollywood. This 8-story building will have bar/lounges on the ground floor and rooftop deck and will offer live entertainment. This will be a party hotel, and the developer reps at the CPC hearing said they hoped to draw the crowd from the Cahuenga club scene. I mentioned earlier that I was concerned about the DCP’s willingness to dump projects like this on an area that’s already dealing with rising violent crime over the past few years. But to really understand how little the DCP cares about the community, you should take a look at the environmental assessment. In the section entitled Surrounding Uses, it fails to mention that Selma Elementary School is less than 500 feet away. (ENV-2016-4313-MND, See page II-5) What’s worse, even though the members of the CPC were informed during public testimony that the school was there, they never mentioned it once during their deliberations. They didn’t question the assessment’s conclusion that construction of the hotel would not make a significant difference in the quality of the air these kids were breathing. Apparently diesel exhaust and particulate emissions from trucks and heavy equipment during the 23 months of construction would not impact their health. It also seems that noise from the construction site would have no impact on classroom instruction. Unbelievable.

This last example is hot off the presses. Just this month the LA Weekly reported that a high-rise apartment building in Downtown has been transformed into a hotel. During the DCP’s approval process, Onni Group’s Level Furnished Living (LFL) was described as a residential project. The City argued that the building would provide new dwelling units at a time when housing supply is tight. But when the Weekly asked Onni about the change of use, a representative responded that the DCP was in the process of finalizing a permit that would allow transient occupancy at LFL. In other words, it seems that the city agency that approved the construction of the project claiming that it would supply badly needed housing, has now decided that housing isn’t so important after all, and is willing to turn these units into hotel rooms.

Sure, the DCP’s bizarre switch in advance of the Mama Shelter hearing is a minor problem. But it’s just one more example of this agency’s dishonest and deceptive practices. When the ZA wrote to say they were going with a CE, I wrote back saying I still wanted to see a copy of the addendum. That makes three times I requested a copy. I never got it. Based on the ZA’s sudden shift to a CE, I have a feeling the addendum was never prepared. My guess is that it was just language inserted into a notice to make it look like the DCP was following the rules.

It’s clear they’re not.

MS Roof