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Huizar Pushes Back Against Surprise Action
to Approve Elephant Hill
Building Permits
August 17, 2007
On Wednesday, August 15th, Councilmember Jose Huizar submitted a
motion (below) under Charter Section 245 that would assert City
Council jurisdiction over the surprise vote by the Board of Public
Works (BPW) on August 8th to approve the building permits for Tract
35022 on Elephant Hill. Councilmember Huizar's motion will come
before City Council at 10 a.m., Tuesday, September 11, 2007.
The Board of Public Works (BPW) acted on recommendations by the
Bureau of Engineering. Bureau staff testified that, because the June
20th Council motion requiring a Supplemental Environmental Impact
Report (SEIR) for Tract 35022 did not specifically address the
building permit issue, it was OK for the BPW to approve it.
Complicating matters, on July 26th developer Monterey Hills Investors
filed a lawsuit against the City Council's SEIR action.
In order for Huizar's motion to pass and the Council to gain
authority over the BPW action, a two thirds (2/3) vote by the full
Council is required. This means there must be 10 votes in favor of
this motion. Please take action today to ensure that reason and
environmental justice prevail over the developer's onerous tactics
and insider politics. Together we can continue to make a difference!
WHAT YOU CAN DO:
Write, email or call Councilmember Huizar thanking him for
introducing this motion and his continued leadership to ensure
environmental protections for the residents of El Sereno.
Write or email City Councilmembers asking them to support Huizar's
motion to assert authority over the BPW building permit approval for
Tract 35022 and uphold their vote for an SEIR for this project.
Attend the City Council meeting where Councilmember Huizar's motion
will be heard at 10 a.m., Tuesday, September 11, in Council Chambers,
Room 340, City Hall., 200 S. Spring Street (enter on Main).
For more information contact: saveelephanthills@yahoo.com
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MOTION -Submitted August 15, 2007
On November 28, 2006, the City Council referred a Motion (Huizar-Hahn) to the Planning and Land Use Management Committee that requested, among other things:
(1) That the Planning Department, Building and Safety and the Bureau of Engineering, with the assistance of the City Attorney, to prepare a report, to determine whether the most recent grading plans and designs for the Pueblo Subdivision, evaluated against the previous Environmental Impact Report No. 172-85 (SUB)(REC), and its associated Statement of Overriding Considerations, trigger the need for a subsequent or supplemental Environmental Impact Report;
(2) Whether new information of substantial importance related to the hydrology of the hillside triggers the need for a subsequent or supplemental Environmental Impact Report;
(3) Whether all feasible mitigation measures, in light of substantial changes to the project and new information, have been incorporated into the Pueblo Subdivision Project; and
(4) Whether any other circumstances exist that would merit conducting further environmental review under t he California Environmental Quality Act (CEQA), including CEQA Guidelines (Sections 15162-15164) . |
The Motion further requested that no discretionary, ministerial action or approval be granted for the Pueblo Subdivision Project, or any portion thereof, by the Planning Department, Building and Safety and the Bureau of Engineering, until the above-described report is presented to the City Council.
On June 20, 2007, the City Council took the following two actions regarding this matter:
(1) Received and Filed; the report of the Planning and Land Use Management Committee that was submitted without recommendation; and
(2) Adopted a Verbal Motion (Huizar-Zine) relative to whether a further Environmental Impact Report (EIR) is required for the Pueblo Subdivision Project, to require that a supplemental EIR be completed for this Project. |
On August 8, 2007, the Board of Public Works adopted a recommendation of the City Engineer to:
(1) Complete the remaining ministerial actions of issuing a B-Permit for work specified in the conditions for both Tract (No. 35022) and Parcel (No. AA-205-0849- PMLA) maps;
(2) Process the Resolution of Acceptance for the dedication of land for the Pullman Street realignment adopted by the City Council on September 28, 2005;
(3) Accept the final parcel map for recordation; and
(4) Issue all other ministerial permits associated with the development of the Pueblo Avenue Subdivision (Elephant Hill). |
The action of the Board to issue the B-Permits and take the other described actions is inconsistent with the City Council directive that supplemental environmental review be conducted on this project before it proceeds.
I THEREFORE MOVE the City Council take the necessary steps to assert jurisdiction over the August 8, 2007, action of the Board of Public Works in adopting a report of the City Engineer recommendation to:
(1) Complete the remaining ministerial actions of issuing a B-Permit for work specified in the conditions for both Tract (No. 35022) and Parcel (No. AA-205-0849- PMLA) maps;
(2) Process the Resolution of Acceptance for the dedication of land for the Pullman Street realignment adopted by the City Council on September 28, 2005;
(3) Accept the final parcel map for recordation; and
(4) Issue all other ministerial permits associated with the development of the Pueblo Avenue Subdivision (Elephant Hill). |
I FURTHER MOVE that upon assertion of jurisdiction by the City Council, that this matter be referred to the Planning and Land Use Management Committee.
PRESENTED BY Councilmember Jose Huizar
SECONDED BY Councilmember Tom LaBonge |
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* Action Alert *
Board of Public Works Defies Council's Requirement
for More Environmental Review on Elephant Hill
- Approves Developer's Building Permits -
August 13, 2007
On Wednesday, August 8, 2007, the Board of Public Works (BPW) approved a recommendation by the Bureau of Engineering (BOE) to finalize the building permits for 24 luxury homes on Elephant Hill (Tract 35022) and dedications of land for the extension of Pullman Street .
This action contradicts the recent City Council vote on June 20 to require a Supplemental Environmental Impact Report (SEIR) for Tract 35022. Complicating matters, the developer, Monterey Hills Investors, recently filed a lawsuit against the City for the Council's action.
The agenda for the August 8 th BPW meeting was posted late Friday, August 3. Supporters of additional environmental review for Elephant Hill asked that the hearing be postponed so that the community could be given sufficient advance notice. The hearing went forward as scheduled.
At the BPW meeting, BOE staff indicated that since the Council's motion calling for the SEIR did not specifically address the B-permit issue, it was OK for the BOE & BPW to approve it. Despite the Council's vote, and despite testimony by Councilmember Huizar, residents and environmental groups, the BPW sided with BOE and the developer.
Commissioner and environmental hero Paula Daniels was tireless in her efforts to provide perspective on CEQA and persuade her colleagues to allow the SEIR to move forward before approval of the B-permits. However, the developer's onerous tactics and insider politics prevailed over reason and environmental justice for El Sereno residents. The Board voted 4 to 1 to approve the B-permits as follows: YES: Cynthia Ruiz; Ernesto Cardenas; Julie Gutman; Valerie Lynn Shaw. NO: Paula Daniels.
It remains unclear what will happen with Tract 35022 now that there is a pending lawsuit against the City by the developer as well as eminent approval of the B-permits that would allow work to begin on road construction and other public infrastructure associated with the development.
What You Can Do:
1 Call or write to Gary Lee Moore, City Engineer, and urge him to postpone signing the building permits for Tract 35022 until the Supplemental EIR required by the City Council is complete. Call: 213-485-4935; Email: gary.lee.moore@lacity.org; or write: Bureau of Engineering, 1149 S. Broadway, Suite 700 , Mail Stop 490, Los Angeles , CA 90015.
2. Call or write to Councilmember Huizar and urge him to take the lead on a City Council VETO of the Board of Public Works action and reassert the requirement for a SEIR for Tract 35022. Contact all Councilmembers and ask them to support the veto.
For more information contact: saveelephanthills@yahoo.com |