Toluca Lake Zoning Issue : Suit Filed to Block Apartments

A group of Toluca Lake homeowners who oppose construction of a five-story apartment project in their single-family neighborhood have sued the building’s developer and the City of Los Angeles to stop the development, saying it violates the North Hollywood community plan.

The lawsuit, filed Jan. 24 in Los Angeles Superior Court, asks the city to vacate the building permit of Cal-X of Woodland Hills. Documents filed with the suit claim that the permit was issued “in flagrant violation” of the community plan.

However, city officials and an attorney for Cal-X said Friday that the building permit issued for 39 apartments is valid because the site, in the 4600 block of Cahuenga Boulevard, is zoned for high-density, multifamily housing. Martin Jaeger, attorney for Cal-X, said his client already has invested about $1 million in land, materials and construction contracts for the $2-million project.

Hearing Scheduled

Los Angeles Superior Court Judge Jack M. Newman is expected to hear arguments Feb. 10 to determine whether the city should vacate the building permit. However, Jaeger said Friday that he will ask the judge to postpone the hearing so he can file additional reports.

City Planning Department employees say the dispute is an example of the conflict that can occur between homeowners and developers because city planning and zoning laws are inconsistent.

Although a state bill passed in 1979 requires cities to reconcile zoning with community plans, a city ordinance passed last year set less stringent restrictions on developers who got building permits before April 4, 1985, said attorney Benjamin M. Reznik, who represents the Toluca West Homeowners’ Group.

For instance, developers who filed for building permits after the deadline might be forced to hold public hearings to determine whether their proposed projects would substantially alter the character of a neighborhood, Reznik said. Cal-X, which filed for its building permit April 3, 1985, received a city permit without holding such hearings.

Delay Questioned

Jaeger said Friday that some of the homeowners may have known about the proposed apartments as early as September, 1985, and should have taken steps at that time to voice their opposition.

But Reznik said his clients did not know about the project until about three weeks ago, when excavation started and the Toluca West Homeowners’ Group formed hastily to battle City Hall and the developer.

Thursday, about 25 members met in a Toluca Lake school auditorium to discuss the suit with Reznik and voice their anger. Many of the residents said they feared the residential neighborhood would be overrun by apartment buildings.

“We’re really getting boxed in,” said Angus Duncan, a homeowner on Cartwright Street, who said the proposed apartment would overlook his bedroom.

William Denton, president of the homeowner group, said: “Looking up and seeing five stories’ worth of windows staring down into my backyard would be disconcerting.”