AVALON—Businesses Sue to Halt Housing Development

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Two entertainment companies are seeking to overturn the Los Angeles City Council’s approval of a $65 million apartment complex that the companies said would force them out of their Westside industrial park.

A suit filed in Los Angeles Superior Court by North Hall Productions Inc. and Rhythm and Hues Inc. claims that the mixed-use commercial building permit was issued illegally because the city’s general plan only allows light industrial and commercial development in the park, located off Jefferson Boulevard in Los Angeles.

The businesses also are concerned that disgruntled residents ultimately will persuade city officials to slap cease and desist orders on the late-night filming, which requires operating trucks, lighting and loud generators.

“(The council) recognized they could never rezone it for residential use because that would be blatantly inconsistent with the city’s general plan,” said Benjamin Reznik, a partner with Jeffer, Mangels, Butler & Marmaro, the plaintiffs’ Century City law firm. “So they camouflaged it by adopting a commercial zone with a condition that only allows residential use.

My clients believe that industrial activities will be incompatible with a residential living environment.”

The suit also lists as defendants AvalonBay Communities Inc. of Alexandria, Va., which received unanimous council approval on July 12 to construct 309 moderately-priced units on a dozen acres of Del Rey Business Park land.

Project advocates, responding to the suit, said that building residential units in the rezoned commercial area is not only legal but that housing in general is in short supply on the Westside.

“The lawsuit is about sour grapes,” said Howard Sunkin, vice president of Cerrell Associates Inc. and a registered lobbyist for the developer. “It’s a classic case of Nimbyism (Not in My Backyard). These plaintiffs are trying to block the creation of sorely needed housing.”

Sunkin added that prospective tenants would be informed about filming and other activities before they sign a lease so there would be no surprises after they move in.

But Bill Nuss, who owns the North Hall studio where the CBS-produced series “The District” is filmed, said, “Once those residents move in, they will be right on top of us and we would be unable to operate our facilities. Their complaints will force us out of the area.”

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