Fence in historic Hollywood doesn't qualify for exemption from review.(ceqa)(California Environmental Quality Act)(Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles)

Publication: California Planning & Development Report

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COPYRIGHT 2008 California Planning & Development Report

A fence atop an historic wall in the Hollywood Hills is not exempt from environmental review, the Second District Court of Appeal has ruled.

The court found that the City of Los Angeles did not have enough evidence supporting the California Environmental Quality Act (CEQA) exemption to shift the burden of proof to project opponents. Rather, the court directed the city to conduct an initial study to determine the appropriate level of environmental review.

The decision of the unanimous three-judge appellate panel appears to be first published case regarding a "Class 5" exemption for "minor alterations in land use limitations," such as minor lot-line adjustments and setback variances, according to Douglas Carstens. an attorney for the fence opponents. The case also appears to be the first published decision to cite the historic impact exception to CEQA exemptions, he said. The court found that the exemption to CEQA review did not apply because of the potential impact to an historic resource.

The city has...

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