Walnut Acres Neighborhood Ass'n v. City of Los Angeles
Annotate this CaseBefore the enactment of Los Angeles Municipal Code section 14.3.1, developers of eldercare facilities had to obtain several zoning permits or variances. To “expedite the review process for these much-needed Eldercare Facilities,” section 14.3.1 provides that approval of an eldercare facility is warranted if the zoning administrator finds “that the strict application of the land use regulations on the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.” The developer sought a permit for a Woodland Hills eldercare facility on a 1-1/2-acre lot zoned for residential uses. The proposed building would face Fallbrook, a major highway. Zoning regulations would limit a structure to 12,600 square feet; the proposed facility would contain 50,289 square feet, with 60 rooms and 76 beds. Most owners of neighboring single family residences strongly opposed the proposal. The city’s report did not consider whether limiting the facility to 16 rooms would pose an unnecessary hardship. The zoning administrator approved the project. The trial court found no substantial evidence supported the finding of “unnecessary hardship.” The court of appeal affirmed. Although the developer argued the unnecessary hardship was based on its purported lost “economy of scale,” no evidence supported that claim.
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