EAD Santa Nella, LLC v. City of Los Angeles
Los Angeles zoning regulations prohibit the establishment of an adult entertainment business within 500 feet of a public park under the control, operation, or management of the City Board of Recreation and Parks Commissioners. (L.A. Mun. Code, 12.70 [hereafter section 12.70].) The question presented in this case is whether an undeveloped parcel of land in a master planned community is a public park under those zoning regulations when (1) the land is not owned by the City, but (2) Tract Map Conditions for approval of the development require that the parcel be used as a park, that all improvements be approved by the City in consultation with the Department of Recreation and Parks, and that the park be maintained in a manner satisfactory to the City. The Zoning Administrator issued a Zoning Administrator Interpretation finding that the parcel was a public park, the West Los Angeles Planning Commission determined it was a public park, and the trial court affirmed that determination. Court affirm the judgment.
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