In a significant legal development, Fix the City, Inc. has filed a verified petition for writ of mandate and complaint for injunctive and declaratory relief against the City of Los Angeles. The case was filed on August 30, 2019, in the Superior Court of Los Angeles County under Case No. 19STCP03740. The defendants include the City of Los Angeles, the Los Angeles City Planning Commission (CPC), and Vincent P. Bertoni in his capacity as Director of City Planning for the City of Los Angeles. Real parties in interest are Elliot Nayssan, Robhana, Inc., and NHD Terrace, LLC.
The crux of Fix the City's complaint centers around the approval of a seven-story, 120-unit market-rate residential building located at 10400 Santa Monica Boulevard in Los Angeles. The project includes 12 units set aside for extremely low-income households. According to Fix the City, this approval violates several local and state laws including Measure JJJ—the "Build Better LA Initiative"—and the Alquist-Priolo Earthquake Fault Zoning Act (AP Act). The plaintiff contends that the city's actions are inconsistent with its own General Plan and zoning requirements.
Fix the City's legal argument hinges on multiple allegations. Firstly, they assert that the Transit Oriented Communities Affordable Housing Incentive Program (TOC guidelines) used to approve this project is ultra vires—beyond what voters authorized under Measure JJJ—and was not adopted as an ordinance by the city council. Secondly, they argue that the city failed to comply with seismic safety regulations stipulated by both state law and local guidelines when approving this project located within an Alquist-Priolo Earthquake Fault Zone (APEFZ). Michael Eveloff from Fix the City raised concerns about insufficient geologic fault studies which did not extend beyond property boundaries as required.
In their prayer for relief, Fix the City seeks a peremptory writ of mandate requiring all approvals for this project to be set aside until compliance with Measure JJJ and relevant seismic safety regulations is achieved. They also request an injunction preventing further construction activities based on these approvals and prohibiting reliance on TOC guidelines for future projects until they are lawfully adopted.
The trial court's decision affirmed some aspects while remanding others back to city authorities for further action. Specifically, it found that while TOC guidelines did not exceed Measure JJJ’s scope nor were facial challenges timely due to statutory limitations; however, it mandated additional off-site geological studies before any further construction could proceed.
The attorneys representing Fix the City include Beverly Grossman Palmer from Strumwasser & Woocher LLP. Defending attorneys from Meyers Nave include Amrit S. Kulkarni along with Hydee Feldstein Soto serving as City Attorney among others involved in defending various respondents including CPC members and real parties in interest represented by Cox Castle & Nicholson LLP's Andrew K Fogg.
Judge Mitchell L Beckloff presided over this case under Case ID B321899 in Division Two at California's Second Appellate District Court.