Mama Shelter, DJs and the DCP

 

MS Side

Side view of Mama Shelter

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. You want an example? While I live in the Hollywood area, and I subrscribe to the DCP’s notification system, they never sent me any information about this change requested by Mama Shelter. I might never have known about the hearing, but a friend forwarded a notice she received fom someone else. The DCP sends me hundreds of e-mails letting me know about stuff happening all over the city, but somehow they neglected to keep me in the loop on this.

So, okay, maybe it was a simple mistake. I look at the hearing notice and see that to review the impacts of allowing music on the rooftop they’ve 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’m thinking I’d like to take a look at the addendum, but I can’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

 

LA’s Latest Innovation: Freeway-Adjacent Rooftop Decks

RD Ovrcast

You just never know what the City of LA will come up with next….

There was an empty lot in my neighborhood that had been sitting vacant for years.  After a developer pitched a hotel for the site and got turned down, a new project came along consisting of 18 3-story condos.  It seemed like a good fit, the Hollywood Hills West Neighborhood Council (HHWNC) looked it over and gave it a thumbs up, and construction started last year.

Everything seemed okay until last November when I noticed what looked like a railing going up around the perimeter of the roof.  Were they adding rooftop decks?  That wasn’t mentioned in the hearing notice for the project or the environmental assessment, and it wasn’t part of the project approved by the HHWNC.  Not long after the railing went up, it became clear that the construction crew had added staircases leading to the roof, and soon they were building stairwell coverings.

Why was I concerned?  Well, here in Hollywood people like to give parties.  Nothing wrong with parties in general, but sometimes they get pretty noisy, and sometimes they go on really late.  It’s already an issue in the neighborhood, and building 18 individual rooftop decks seemed like it was just increasing the chances of someone throwing an all-night open-air bash.

So initially my concern was selfish.  I was worried about the noise this project might create, and I was wondering why the rooftop decks hadn’t been included in the package that was presented to the community and approved by the Department of City Planning (DCP).  I called up my City Council office, and talked to a very nice guy who said he’d look into it.  Over the next two months I sent three e-mails to this Council Office staffer asking for an update.  Never got an answer.

But during that time it occurred to me that there might be another problem with this project, a much more serious issue than raucous late night parties….

You see, these condos are going up right next to the Hollywood Freeway.  I’d say at the farthest point the structure is about 150 feet from the freeway and at the nearest point about 50.   I started wondering if building so close to a major traffic corridor wouldn’t pose health risks for the future occupants, so I got on the net to do some research.

RD Fwy

The space between the project site and the freeway.

Probably everybody reading this already knows what I found out.  There’s a large body of research showing a higher incidence of respiratory problems among people who live near freeways.  The risk is especially high for children and seniors.  In fact, young people can suffer lifelong damage since ongoing exposure to pollutants from auto exhaust may affect the development of their lungs.  This problem has gotten a lot of media attention recently, but the information has been out there for years.  USC has been studying the effects of air pollution on children since the 90s.  Here’s an article published by USC News back in 2004.

USC Study Links Smoggy Air to Lung Damage in Children, September 2004

Not long after, the California Air Resources Board (CARB) published their Air Quality and Land Use Handbook, warning cities about the risks of building housing near freeways.  Here’s the number one item on the handbook’s list of recommendations.

“Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day.”

So the information has been out there for more than a decade, and the City Council is well aware of the health impacts to people living close to freeways.  They’ve talked about ways to deal with the risks, but very little has happened in the way of concrete action.  In fact, in recent years the Council has approved thousands of residential units in close proximity to freeways.  They argue that LA’s housing shortage is so dire we can’t afford to prohibit construction in these areas even if there are health risks.  Even though I don’t buy that argument, I know that many people would agree.

But rooftop decks?!  Are they crazy?!

After reading up on the potential health risks, the idea of adding rooftop decks to these condos seemed so absolutely insane I thought it was worth making a few phone calls.  I rang up the woman at the DCP who prepared the initial study for the project.  I explained that the rooftop decks hadn’t been included in the project description or the renderings that were shown to the HHWNC, and that the height had increased by 30%.  She said that the project complied with existing zoning and that the Department of Building and Safety (LADBS) had the final authority over what was permitted.  I asked how the DCP could allow this since noise impacts from rooftop decks weren’t considered in the environmental assessment.  She replied that the DCP had considered operational impacts from the project and had approved the assessment.  Finally, I pointed out that the rooftop decks posed significant potential health risks to the future tenants.  Her response was that the California Environmental Quality Act (CEQA) did not require the DCP to consider impacts to those who would live on the site in the future.

I was angry, but not really surprised.  I’ve realized over the last few years that the folks at the DCP really don’t care about how proposed projects will affect the lives of the people who live in this city.  It’s all about keeping the developers happy.

RD Traffic EDITED

Traffic on the Hollywood Freeway near the project site.

Who knows why I even went on to contact LADBS.  I guess I must get some kind of sick kick out of banging my head against a wall.  Anyway, here’s their response.

 

The roof top decks and the overall building height of 44.9 feet is allowed by right, therefore LADBS does have the ability to approve the project as proposed.  The Zoning Variance reviewed by City Planning only addressed a parking requirement.  City Planning has approved the plans for the current project.

LADBS’ authority to approve projects is based on Building Code requirements.  The Building Code does not have any restrictions for a rooftop deck near a freeway.

 

So according to LADBS, they did everything by the book.  They don’t see a problem.

But there is a problem here.  It’s bad enough that a developer is allowed to present one project to the community and then build something substantially different.  But it’s even worse when a developer is allowed to create a clear health risk for the people who will live in the finished building.

I tried arguing with the bureaucrats who approve these projects and got nowhere.  Maybe it’s time to take it to the higher-ups.  If you feel there’s a problem here that needs to be addressed, I hope you’ll feel strongly enough about it to write an e-mail to the three people listed below.  And please use the following subject line….

Freeway-Adjacent Rooftop Decks at 2111 Cahuenga

Eric Garcetti, Mayor

mayor.garcetti@lacity.org

Vince Bertoni, Director of City Planning

vince.bertoni@lacity.org

Frank M. Bush, LADBS General Manager

frank.bush@lacity.org

RD Tight