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Council rescinds prior vote under court order in Canyon Homeowners Association case
Summary
The Los Angeles City Council voted to rescind a prior decision after a court ordered the council cted outside its legal authority by adding a condition to a Board of Zoning Appeals decision. The council acted on the court order during closed session and voted to rescind the earlier action, 10-0 in the open roll call.
The Los Angeles City Council on Wednesday rescinded a prior council action after a court found the council had exceeded its authority when it modified a Board of Zoning Appeals decision in a matter involving the Canyon Homeowners Association.
City attorneys and outside counsel briefed the council in closed session, explaining a judge ordered the council’s earlier decision set aside because the council had added a condition to the underlying zoning determination. Counsel said Proposition 5 and relevant charter provisions limit the council’s period of review once a commission decision is final.
An attorney representing the project noted the legal constraint, telling the council that under the charter and case law the council’s time to modify or veto the commission action had elapsed and that the court had ordered the earlier action set aside. The council then voted in open session to rescind the earlier action; the roll showed 10 ayes.
What’s next: The rescission restores the underlying administrative determination as ordered by the court; the council and city attorney will consider any further steps consistent with the court’s order and ongoing reviews of the hillside ordinance referenced in the discussion.
