The new law, Ordinance ID, CPC-2021-3059-ZC, makes rebuilding properties impossible (RP1) or difficult (RP2) once demolished. We need this thrown out.
It is important to understand the deceit of how this was presented to us, and how radical RP1 and RP2 are. Our property values will plummet with a stroke of a pen if either RP1 or RP2 are applied to our properties.
• The new law makes rebuilding properties impossible (RP1) or difficult (RP2) once demolished
Many of the hillside properties are 50-60 years old. As houses in the neighborhood become worn out or obsolete, people need to be able to replace them. This radical new zoning law, however, would prevent a homeowner from doing that. If you voluntarily demolish your house, you cannot rebuild it at all under the RP1 Zoning the City is threatening to impose. It only allows you to rebuild if you move your house down into the canyon – that is, if you happen to own the land there. Even then, you still need to deal with hillside construction regulations, which requires building and installing expensive features such as caissons and a driveway down the hill.
• RP2 Zoning classification deprive a homeowner of the right to build or replace a two-story house amidst a neighborhood full of two-story properties
Under an RP2 zoning classification (if the City were to offer that in lieu of RP1), you wouldn't be able to build more than one story, regardless of whether you had a 2-story house before. It is not fair to deprive a homeowner of the right to build or replace a two-story house when we already have a neighborhood with many two-story houses.
• The new law would dramatically reduce the value of our homes by making them difficult to insure, finance (or refinance) and sell
Lenders are unlikely to finance "non-conforming" homes at competitive rates - if they will finance them at all. For example, Freddie Mac will not purchase a home loan if it is subject to regulations that “prevent the rebuilding or maintenance of the property improvements if they are damaged or destroyed.” (See Freddie Mac Seller/Servicer Guide for Single Family Homes.) Nor are buyers likely to pay anywhere near the prior fair market value. Lenders require all appraisers to expressly address non-conforming uses in appraisals.
The city has failed to properly inform homeowners of the implications of the law, and even disseminated misleading information
It is only in the last week of June that a few homeowners have become aware of the implications of having their property designated as a non-conforming use. And the only reason they have gained that awareness is because of the efforts of a few neighbors who figured out what the City is up to and began going door-to-door in a few neighborhoods. It appears that the City has disseminated misleading information - such as a video presentation on the City Planning website stating that RP1 would be applied "sparingly" only in "undeveloped" and "pristine" ridgeline areas (only to then turn around and apply RP1 to long-existing, fully-developed neighborhoods).
• The suggestion that "variances" could be granted is disingenuous
The suggestion by some people (including our local homeowners' association) that homeowners can apply for a "variance" is disingenuous. You will not be able to get a variance from the City and the cost of pursuing one would be prohibitive in any event. As soon as somebody suggests that you take any comfort in the possibility of a variance, you should know that they have an agenda. Variances can only be granted where the City finds that strict application of the law would inflict hardships that are not consistent with the purposes of the zoning law and only where there are "special circumstances" unique to your property involving size, shape or topography that are not present at other properties in the neighborhood.
• This radical new law would prevent us from restoring our homes if they were damaged by earthquake, fire or other natural hazard
1. Send a written objection to the Department of City Planning Susan Wong and our Councilman, Paul Koretz.
Speaking up at the BABCNC meetings or other groups is very important, but it won’t count for the purpose of formally objecting to the ordinance. Please put the ordinance ID, CPC-2021-3059-ZC, in your subject heading in emails, and reference at the top of any letters. Attached is a list of bullet points that may help you compose your own letter, and we are happy to share our draft letter, should you request it.
EMAIL Susan Wong
Susan Wong, Department of City Planning
200 North Spring Street, Room 667
Los Angeles, CA 90012
Email: planning.ridgelines@lacity.org
EMAIL Paul Koretz
Councilman Paul Koretz
6380 Wilshire Boulevard, Suite 800
Los Angeles, CA 90048
(323) 866-1828
Email: paul.koretz@lacity.org
2. Keep alerting your contacts and clients to send letters and have everyone in the house do it. Every letter counts. This is a taking of property rights. They will start with us and move West, East, North and South.
3. Write to your Neighborhood/Homeowners Association to voice your opposition, and tell said association that you expect them to vociferously and officially oppose the RO and zoning change.
4. Attend the July 13th Bel Air Beverly Crest Neighborhood Council meeting at 5pm. Information can be found on their website in the calendar tab. https://www.babcnc.org/