Friday, October 30, 2015

ERRORS (doing business as usual)

A NOT SO FUNNY COMEDY OF "ERRORS"

But first, a gentle reminder:

This is what you will be living with everyday for a year (minimum) if the developers are allowed to build on Crisler Way.

You might think the "stuff falls down hill" aspect only affects the people on Marmont, Crisler Way and Hillside. It also affects everyone on the Laurel Canyon side of Grandview as well because there are (at present) three other proposed new developments on Grandview. Every one of which will generate the kind of activity seen below - and all of the gifts traditionally associated with it.
No parking
Blocked streets
Broken water mains
Collapsed roads
Ruptured gas mains
Mud slides 
- just to name a few

Or, imagine an El Nino microburst on the hill above you after the developers parked their backhoe for the weekend. Just saying. . . 

This could be the view from your window



THE CURRENT STATUS OF CRISLER WAY

A "hold" has been paced on the project (however, the city has provided no documentation actually confirming this.)

Concerned Citizens of Kirkwood Bowl* (CCKB) has filed a CEQA-based appeal and is waiting for the city to set an appeal date (four months and counting) 

The Bureau of engineering issued the B-permit for Crisler Way in "error"

The Planning Department signed off in "error".

Four building permits (LADBS) for the four spec mansions on Crisler Way were all issued in "error".

The process of amending the notification process regarding notification for B-Permits for paper streets needs to be amended to make sure there are no nasty surprises when the developers return. CCKB is working with Council Office 4 to make this happen.

There are many unanswered questions about the permit notification process. I'll update as soon as we have verifiable answers.

The B permit for Crisler Way is still currently active at the design plan check.

The developers will most certainly be back, so CCKB is working to change the notification policy before the developer can re-permit. Right now, with the code as is, the developer can begin work and still not be required to notify anyone - until the bulldozers move in.

THE AMENDMENT

If CCKB is successful in having the notification process for B-permits for paper streets amended, neighbors will be notified any time a B-permit for a paper street is requested - from every department or bureau involved in the permitting process, it will set a precedent in fairness in how the notification process takes place. 

As much as it irks me to say it, the current notification (or lack of notification) process is not only unfair to the community, its unfair to developers. It costs them time and money when road blocks such as CCKB pop up.

It's also unfair to the city when they are sued for one of their own "errors".

If everyone concerned knows what is happening at the beginning of the permitting process it will be far more cost effective for everyone concerned. A pattern that runs through many departments and bureaus has become evident:

THE PATTERN
Permits are issued. When contested, they are almost always (Vegas odds) issued in "error" - the city's euphemism for acting against its own codes for no discernible reason and with no accountability. 

If permits are not contested in hearings, etc., its like handing a gift to developers. It gives them a chance slip something by the community (and regulations) with very little risk to themselves. If the error is caught, its the city's fault and since they, for all intents and purposes, are indemnified, the permits are just re-issued and the developer has to go through the process a second time. Just the cost of doing business with the city.

Developers 1 - Community 0. 

The following examples are all projects I have personally been involved with in Laurel Canyon (a very small area). The amount of "errors" is astronomical. They span multiple departments and bureaus including LADBS, the Bureau of Engineering, Planning and Zoning. Sounds like something for the RICO act - ongoing bureaucratic activity. These incidents span a period of years. 

In the case of "paper streets", combining "errors" with no notification of any kind is the reason for the interesting dynamics of the "errored" permitting process for Crisler Way - and probably every other paper street in the city.

ACTUAL ERRORS:
8350 Grandview Drive (1812 Crisler Way as its now called).
It has now been determined (after our discovery) that the B-Permit for Crisler Way was issued in "error" in that it required a Zoning Administrator (ZAD) hearing before it could be granted. That never happened yet the permit was issued anyway. This is called an "error" by the city and there is no accountability for the person who made the "error". The six permitting "errors" below were all made on the same project.
Bureau of Engineering B-Permit - error 
LADBS revocation of 4 building permits - 4 errors (no waiting) 
Planning Department - permitting error 

8401 Grandview drive Grandview Drive
From a letter from Linn Wyatt (Head Zoning Administrator) the above-noted clearances issued by the Planning Department for Building Permits No. 10010-20000-01857 and No. 10047-20000-00875 for Lots 122 and 123 were issued in error, 

8407 Grandview Drive
Zoning error (Linn Wyatt)

2244-2246 Stanley Hills Drive
Zoning error (Linn Wyatt)

The above information is what what has been discovered so far in regard to Crisler Way, the permits involved and how permits that never should have been issued were issued. It goes a long way in explaining why so many appeals, hearings and other development "irregularities" constantly lean towards developers and why the community and individuals consistently lose in many of those situations. The process needs to be changed. 

More to come
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*Concerned Citizens For Kirkwood Bowl (CCKB) is a 501c(3) non-profit for public benefit organization that was formed by stakeholders in the Kirkwood Bowl in direct response to Crisler Way and is dedicated to:

  Helping the community fight rampant overdevelopment.
  Representing the community at a governmental level working with Council Offices and city government departments to facilitate proper enforcement of city laws.
  Advocating for wildlife and wildlife habitat
  Using tax-deductible donations to pay for legal services, expert witnesses, publicity, calls-to-actions campaigns and operating costs (which are kept to a minimum). 
  Providing their  501 c(3) non-profit status to help support the community and individuals in fighting out of control local development - whether its a McMansion or an entire street.


To Learn more about the Kirkwood 
Bowl Foundation