The Legal Case Against the Cemetery
Executive Summary
Four Independent Legal Grounds for Denial
This project is not a “by-right” development. It faces four distinct legal hurdles under the Los Angeles Municipal Code (LAMC) that mandate a denial or, at minimum, a full discretionary review:
- Prohibition by Omission: Zoning is permissive; if a use isn’t listed, it is prohibited. Cemetery and Funeral Home uses are not listed as permitted activities in the restrictive A1 and RA residential zones.
- Explicit Prohibition: The City’s intent is clear: the A1 zone specifically identifies “Funeral Home” as a prohibited home occupation. A commercial-scale facility is a gross violation of this zoning spirit.
- Statutory Exclusion: The developer cannot claim “Public Benefit” status. The City’s official list of zones eligible for Public Benefit Cemeteries excludes both A1 and RA parcels.
- Waterway Restriction: Per LAMC 12.05 B and 12.07 B, the presence of the Significant Flood Control Channel on-site triggers a mandatory Zoning Administrator’s Review. This cannot be bypassed.
Required Public Oversight & Hearings
Mandatory CEQA and City Actions
Because of the massive scale and environmental sensitivity of this site, the City cannot legally approve this project “over the counter.” Public hearings are likely required for:
- Haul Route Permit: The grading plan involves moving over 150,000 cubic yards of earth. This volume of industrial transit requires a public hearing to address the noise, safety, and structural impact on our residential streets.
- Board of Public Works Review: The project requires the removal of more than four Protected Trees. Under City law, this requires a public hearing and a formal action by the Board of Public Works.
- Zoning Administrator Hearing: Due to the Flood Control Channel and zoning non-compliance, the City is legally obligated to hold a public discretionary hearing to evaluate the project’s impact on the surrounding community.