A neighborhood group is challenging the West Hollywood City Council in court over the approval process for a new residential development.

A rendering shows what the approved 8899 Beverly Blvd. project will look like. (photo courtesy of Marathon Communications)

Developers of the 8899 Beverly Blvd. project in West Hollywood held a meeting at the site last week to answer questions about the project and give residents a look at plans to replace a 10-story building on Beverly Boulevard between Robertson Boulevard and Doheny Drive.

The project will include 67 residential units on Beverly Boulevard – 15 of which will be designated as affordable – and nine single-family homes along Rosewood Avenue. The developer will provide $5.25 million to the city for public benefits that include additional affordable housing elsewhere in the city and streetscape and neighborhood improvements.

Since the city’s General Plan restricts buildings of more than three stories along Beverly Boulevard, the city council also approved a specific plan and General Plan amendment to make sure the project was consistent with city code.

The West Hollywood West Residents Association filed a lawsuit that accuses the city of unlawful “spot zoning” and questions the “unenforceable” public benefits the project will provide. The association contests that the city council “abused discretion” by improperly approving an amendment to the General Plan and a specific plan for the development and that the project is in violation of city code.

“The city failed to proceed in the manner required by law,” the lawsuit reads.

The group claims the project is out of scale, not in character with the neighborhood, and that the developer bought zoning variances with payments made to the city’s affordable housing fund. They are also raising concerns that the changes made to the plan were not sent to the Planning Commission and that the public was not made aware of them.

“We believe the city failed to comply with many of these rules for the 8899 Beverly Blvd. Project. Their reason for failing us isn’t important to the lawsuit: our laws, rules and regulations speak for themselves,” the group said in a statement.

Mayor Pro Tem Lauren Meister voted against the proposal because it is not consistent with the General Plan and because it doubles the square footage of an already non-conforming building, and it could set dangerous precedents for future development.

“We feel that the city council proceeded in a proper fashion when they considered the project. We’re going to be mounting a defense to the litigation,” City Attorney Mike Jenkins said.

Jenkins said most West Hollywood developments are not challenged in court. But the case is an example of the struggle throughout Los Angeles County regarding to growth and neighborhood preservation. While some point to the city’s need for housing and the community benefits, others are concerned about the scale and character of neighborhoods. More opposition comes from concerns about traffic and parking from overdevelopment. Residents and neighborhood groups have challenged different developments on Kings Road, Flores Street and at the Center for Early Education in the last year, causing some plans to change.

In terms of overall development, Mayor Lindsey Horvath said West Hollywood encourages growth and is in need of more housing. She explained that during the recession there was less development in West Hollywood because of lack of funding. Projects that were in the pipeline then now have the financing they need – causing an appearance of an influx of development.

She said when large developments come before the city council, projects are considered with overall growth and future needs in mind. But she stressed that following the law is the first thing council members make sure of every time. Horvath said they try to take into account the impact projects will have on neighborhoods and that one of the core values is to encourage more affordable housing.

“I don’t think that everyone speaking up about the projects is anti-development,” she said. “They understand we’re growing and changing. But they want to be consistent with what they know and love. And that’s what we’re trying to protect, too.”

After the Center for Early Education project was approved, representatives from the city’s planning department explained General Plan amendments and specific plans are common and legitimate. The 8899 Beverly Blvd. project and Center for Early Education plans would have been considered by the city council regardless of opposition because specific plans were included.

Speaking generally about development, Horvath explained specific plans are sometimes the best tool to provide the city with the best option, as long as they are used responsibly.

“It shouldn’t be something that’s a way to just subvert the existing General Plan,” she said.

Looking forward to next year, Horvath said she expects more projects that were on hiatus to come to West Hollywood, which she views as an opportunity to “get creative” in the ways the city produces housing for middle income and working people.