February 1, 2005

 

Theodore Irving

Los Angeles City Planning Department

Los Angeles City Hall

200 N. Spring Street

Los Angeles, Calif.  90012

 

Kipp Rudd

Community Redevelopment Agency of Los Angeles

Hollywood Project

6255 Sunset Boulevard

Hollywood, Calif. 90028

 

 

This letter is in response to the two CEQA Negative Declarations (Neg.Dec.) filed concerning the project proposed for 6735 Yucca Street in Hollywood.

CEQA REVIEW BACKGROUND

The first Neg. Dec. was filed on December xx, 2004. This document was not presented to the CRA, Hollywood Heritage, or the area Neighborhood Council. It was only through the Neighborhood Council meeting on December 14, 2004 that I was informed that a Neg. Dec. had been filed, after asking when it would be available. I was then told by the developer that the deadline to respond was the next day. Upon looking at it that night, I noticed that the sections covering Historic/Cultural Resources were removed or omitted from the Neg. Dec. They were not missing, they were never included.

I was also told at this meeting that a report had been prepared concerning Historic/Cultural issues by Historic Resources Group, but that they didn’t have a copy that night. I called the Neg. Dec.’s preparer, Mr. Theodore Irving, and asked about this omission. He checked the document after denying such a mistake, but upon review, said that he would have to republish it. No reason or excuse was given for the omission.

Checking back on December 23, 2004 with Mr. Irving, he stated that the Neg. Dec. would be published that day or the next. I asked to be mailed or faxed a copy of the new Neg. Dec. and was told he could not do that. I asked if he would send it to Hollywood Heritage, a concerned party as defined under CEQA. He refused again. I then asked if he would send a copy to the CRA, also a concerned party and the city agency that has the final say on any and all such matters in the Redevelopment Project where the property is located. Once again, Mr. Irving refused, stating that if I or the CRA wanted to see the Neg. Dec. we would have to go downtown to City Hall and request to view it, similar to the restriction to view rare documents at the Huntington Library. Mr. Irving would not say if I could make a copy of the Neg. Dec. upon inspection.

The purpose of CEQA is to notify the public and affected government agencies so that they may comment on a project’s impacts, hence the name “Environmental Impact Report” (emphasis added). If Mr. Irving is to follow the law, the document needs to be distributed beyond City Hall, unless he considers himself an expert in all described areas of concern and is able to testify as such in court.

I would tend to doubt this as he asked me what the building’s Cultural or Historic significance would be. I was told by the developer that they used a report that had been prepared for such a purpose and that it was, so I believed, the basis for his conclusion against significance. He made a no indication of knowing about the report or being able to cite its reasons, or his reasons, for such a legal conclusion.

During the week between December 25 and 31, 2004, I contacted Historic Resources Group (HRG) to see the report that was being cited to justify the Neg. Dec.’s finding. With vacations at that time, I did not hear back until January 3, 2005. Discussions with Jessica Ritz of HRG finally, after several delays to allow for the developer’s approval of its release, resulted in my obtaining a copy of the project’s “Technical Report”, dated January 4, 2005.

The immediate concern was that the Neg. Dec. was published and then republished before the document on which its conclusions were based had even been prepared. This would bring the Neg. Dec.’s credibility into question as it strongly appears that the Technical Report was based on the Neg. Dec. instead of the other way around.

Upon reading the Neg. Dec., this definitely appears to be the problem. The Technical Report does a poor job of explaining the historic and cultural relevance of the site, whether by purpose or lack of research. Much of its references refer to a different site, across the street, the location of the first Villa Capri Restaurant (1950-57). The relevant structure, the former Villa Capri Restaurant building, housed the restaurant from its opening in 1957 until its closing in 1982. Construction and permitting were done in 1956.

The original restaurant (the “little Villa Capri”) was across Yucca Street on the southwest corner, next to the Don the Beachcomber Restaurant (demolished). At the end of the lease in 1955, the site’s owner demanded more rent and an interest in the business. The owner, Patsy D’Amore, refused, purchased the new site at 6735 Yucca Street from the Masquer’s Club, demolished the existing restaurant/club structure and built the current one.

Mr. D’Amore brought in a partner of his own choosing on this version of the Villa Capri, Frank Sinatra, who co-owned the restaurant from its opening until its closing. Sinatra had been a regular at the little Villa Capri where he had developed a close relationship with Mr. D’Amore (he was godfather to Mr. D’Amore’s son, Joe). When the Villa Capri opened it was nationally televised on NBC’s America Tonight After Dark, a spin-off of the Tonight Show. The restaurant continued in the media spotlight for 25 years, including a live radio show that interviewed celebrities there, hosted by famed entertainment reporter Will Tusher on KABC radio, the last such show done in Hollywood (celebrity radio interview shows had been broadcast from Hollywood restaurants since the 1930s). It also served as the restaurant ‘Tulio’s’ in the movie Body Heat (1981).

The Technical Report evaluated the building’s history on: some celebrities dining there; a long (for this report) discussion on a Joe DiMaggio tale that, while interesting as to demonstrating Sinatra’s involvement with the business, it took place at the little Villa Capri across the street; a mention of an “association with such entertainment luminaries as Frank Sinatra” (though information explaining this “association” is not given) and, Patsy D’Amore’s introduction of new, to Los Angeles, Italian foods. Based on this lackluster explanation, it would appear to not be a structure/business of cultural significance. Of course, one could degrade the historic/cultural significance of any structure by ignoring or avoiding a building’s history on it and its relationship to the community. The report is definitely written in a manner of the glass being half empty, not half full, and does appear to be no more than an attempt to justify the Neg. Dec., as opposed to telling the background for an adequate evaluation under CEQA. This is why it was written after the Neg. Dec.’s publication, and therefore should be given no legal standing.

VILLA CAPRI HISTORY

To give some history for the Villa Capri is not hard to do. As was pointed out, Mr. Sinatra’s “association” included being co-owner. By 1957 the clubs and lounges of Hollywood celebrities were on the way out. Las Vegas was taking over the club market that had thrived on the Sunset Strip (Mocambo, Ciro’s, Trocadero, etc.) and in Hollywood the Palladium would be taken over by Lawrence Welk’s television program, the Moulin Rouge (formerly Errol Carroll’s) would close in 1960 as the genius behind its lavish stage presentations, Don Arden, would be lured to Las Vegas where he changed entertainment there for over 30 years.

Other spots such as the Brown Derby and Don the Beachcomber were catering as much, if not more, to tourists than celebrities. The celebrities were leaving Hollywood for the west side or the valley. NBC left in 1963, ABC in 1956, and CBS expanded in the Fairfax area and Studio City. The impact of the newly opened (1954) Hollywood Freeway and changing entertainment industry by the late 50s was dramatic. The Villa Capri was an anomaly of the time, a restaurant that opened in Hollywood to cater to celebrities.

By the Villa Capri’s opening in 1957, Sinatra was entering his peak period as performer and entertainer. His records, singles and albums, were instant classics (four top 10 albums in 1957 alone—A Swingin’ Affair, Close To You, Where Are You, and The Sinatra Christmas Album) plus the hit movie Pal Joey, sold out concerts and television appearances made Sinatra an international sensation whose only competition was Elvis Presley.

Sinatra’s dramatic rebirth (5 years earlier he was a Hollywood radio deejay with a credit line for food at the little Villa Capri) spurred a rebirth in pop and swing style music. The new Villa Capri became his headquarters for social and business purposes. A short seven blocks west is Capitol Records, where their new state-of-the-art recording studio opened in 1956 on Vine Street. Sinatra was the first to record there (before the building was even officially open), and he was, obviously, Capitol’s biggest star.

Sinatra’s producer at the time was Voyle Gilmore (later a Capitol Records executive) who handled several other Capitol acts, including The Kingston Trio, and first brought arranger-conductor Nelson Riddle together with Sinatra (Riddle worked on over 200 of Sinatra’s 300 recordings with Capitol). Gilmore’s son John’s web site relates how after-session suppers with Sinatra at the Villa Capri were planning meetings for Gilmore who would select songs for albums as well as the musicians. Riddle would frequently dine there with them as Sinatra’s booth served as his office. Sinatra could be fiery and demanding at recording sessions, some songs taking over 20 takes (according to famed arranger-conductor and Villa Capri regular Billy May in 1958, Capitol Records’ 50th Anniversary book). The time for Sinatra and his production team to relax and plan was during his extended dinner meetings at the Villa Capri.

These post-recording sessions would continue at the restaurant into the 1970s. Sinatra and others also used the restaurant for special events such as celebrity birthday bashes. His 42nd birthday party on December 12, 1957 was recorded and has become a popular bootleg record. It featured for entertainment: Sinatra, Dean Martin, Eddie Fisher, Vic Damone, Bing Crosby, Jack Benny, James Cagney, and others. Doc Severinson held the annual Tonight Show band Christmas party there in the Durante Room. Ozzie and Harriet Nelson hosted a birthday celebration there for their son, Ricky Nelson, who was then a major television (as was the whole family) and recording star. The room was a frequent site of special events and celebrity gatherings (it was named after another Villa Capri regular, Jimmy Durante), including movie press receptions (such as for The Godfather) and wrap parties.

Composers such as Sammy Cahn, Jimmy McHugh (often escorting legendary columnist Louella Parsons) and Jimmy Van Heusen frequented the restaurant for pleasure or to offer up a new song to Sinatra or other regulars that included Sammy Davis, Jr., Dean Martin, Peggy Lee, Bobby Darin, Eddie Fisher, and Nat “King” Cole, to name a few. Fellow “Rat Pack” associates were also regulars, including Joey Bishop, Ava Gardner, Angie Dickinson, Don Rickles, Shirley MacLaine, and Peter Lawford. Another Capitol recording artist and acting legend, Jackie Gleason, considered it one of his favorite restaurants as the Villa Capri became an after session hangout for Capitol Records (Lee, Martin and Cole were also with Capitol at the time).

Sinatra co-founded Reprise Records in 1961, though he continued to record at the Capitol Records’ studios as well as other studios in Hollywood. Reprise quickly became the home for such Sinatra friends as Dean Martin, Sammy Davis, Jr., Count Basie, Ella Fitzgerald, Rosemary Clooney, Duke Ellington, Errol Garner and Trini Lopez. The Villa Capri continued on as before serving now as the meeting place for Reprise Records and their talent roster.

The Durante Room was also the headquarters for the “Sons of Italy” meetings, which drew regular visits by the FBI, who took down the license plate numbers in the parking lot. The Rat Pack’s highly public support of John F. Kennedy in the close 1960 presidential election was often a subject of meetings there; some FBI reports used these meetings to later attempt to discredit Sinatra to Kennedy as being mob related.

Sinatra’s fondness for the restaurant even found its way into one of his recordings. The 1958 release of Come Fly With Me included the song Isle of Capri where words were substituted as follows “She wore a lovely meatball on her finger/t’was goodbye at the Villa Capri.”

Other entertainment leaders had booths here that served similar business/social/dining functions. Jimmy Doolittle, famed Los Angeles theatrical producer for the Greek Theater and the (then) Huntington Hartford Theater, held regular business and planning meetings there for the theaters, considering this his favorite Hollywood restaurant. Motown Records had a booth soon after moving to Hollywood in 1972. It featured regulars including famed singer-composer William ‘Smokey’ Robinson, as well as executives and talent meeting for hours at a time.

The proximity of the Villa Capri to the Hollywood radio stations, recording studios, record companies including RCA, Capitol, A&M and later Motown and the entertainment nexus that Frank Sinatra provided made it a favorite within the music industry. Gary Owens and Johnny Grant in particular stressed the constant activity within the restaurant as composers, performers and executives would meet to negotiate deals for songs, recordings, performances, media coverage or to get radio airplay time.

These meetings and celebrity regulars used the restaurant because there was no other place that existed like the Villa Capri from the late 50s to the early 80s. Celebrities could dine and meet there and know they would not be bothered by the public(even the FBI stayed in the parking lot). The restaurant was a block away from Hollywood Boulevard, so while convenient, it was not on the normal tourist path. It had a private club type atmosphere but anyone could come in as long as they behaved appropriately (unlike other places, autograph seekers inside were politely told “no” by the staff if approaching a celebrity—look, but don’t touch).

Joe D’Amore, who grew up in the restaurant and ran it after his father’s passing in 1975, related that it was the Los Angeles headquarters for the Rat Pack and associated friends (the now demolished Sands Hotel in Las Vegas would be the other Rat Pack gathering site). Everyone who was contacted for this report confirmed this statement.

From the 60’s into the 70s celebrities continued to come to the Villa Capri including such regulars as Lauren Bacall, Dom DeLuise, Debbie Reynolds, Joe Barberra (of Hanna-Barberra), Henry Mancini, Sal Mineo, Stevie Nicks, and Jay Leno, whose then girlfriend performed there. Hollywood continued to decline as a celebrity base though and the Villa Capri closed in 1982, after a 25 year run. During that run it helped to influence and create movies, records, television, concerts, politics, theater, and the entertainment social world. As a meeting place for the Hollywood entertainment elite, for business or pleasure, and as a last holdout of what the world perceived to be the real Hollywood, the Villa Capri was without peer. As a creative base for a man called by most “the Voice of the Century,” or “The Entertainer of the Century,” whose legendary work continues to entertain and influence the world today, Frank Sinatra was based here during his most creative and best-remembered period. Its like will never been seen again.

Information for this history was obtained in conversations with Joe D’Amore, Todd Fisher, Kathy Garver, Ruth Buzzi, Marvin Paige, Betty Garrett, Gavin Lambert, Bob Thomas, Johnny Grant, Gary Owens, James Bacon and Debbie Reynolds, as well as from the Sinatra Archive web site.

This history is obviously abbreviated. As for documentation, the D’Amore family has a large collection of news clippings on the Villa Capri (which would add more significance upon review) as well as the reservation books from the opening to closing day. There are also FBI “reservation” books if further documentation is required, as well as many more personal interviews that could be conducted. But this already demonstrates an importance of a far greater magnitude than was provided in the Technical Report.

HISTORIC RESOURCE PROTECTION

The condition of the building is sound, having been in use by radio stations and film production offices since 1983 until today. The façade has not changed since 1957 except for a minor color change on some of the paint and the maturation of the landscaping (according to a c. 1960 postcard). Its interior has been obviously modified for its new uses, but several elements remain, including the large fireplace, the wine room, and the layout. The shell is intact and its original appearance is obvious from the street. The location of the described history is thus as intact as many landmarks, and restoring the original interior would be possible if attempted. Non-historic additions to the site could be easily removed. The Technical Report says “the property retains low physical integrity” referring only to the interior, not defining what is or what is not there, while no reference is given to the condition of the exterior.

Using the guidelines of the U.S. Department of the Interior for National Register of Historic Places qualifications can now be accurately assessed. Quotes below are from the National Register Bulletin 15—How to Apply the National Register Criteria for Evaluation (rev. 1991). Of the four “criterion” for nomination, “C” (Design) and “D” (Information Potential) are not met here. The building’s age comes just under the 50-year time frame which is used for National, state and local land mark designations. This has been stretched with such precedent setting nominations as those for the Wiltern Theater (47 years at the time for National and 42 for local landmark designations) and the Cinerama Dome Theater (37 years at the time for local) as well as other modern structures (LAX Theme Building, the Hollywood Walk of Fame, etc.).

Criterion “A” (Event) and “B” (Person) are of interest here. ‘Event’ covers such areas as properties associated with “a pattern of events or historic trend that make a significant contribution to the development of a community, a State, or the nation”(pg. 12). The previous information describes the impacts of the Villa Capri on Hollywood (community) and the impacts worldwide, based on what happened there, through the entertainment industry and its national and global influence (and potentially political significance), and that this took place over the span of 25 years. Significance of the association has been shown here through the close involvement of Mr. Sinatra and many others. As to its importance locally, Hollywood’s relationship with the entertainment industry is obvious and the position of Frank Sinatra in the entertainment industry was (and still is) without peer. The 25-year development of artistic, cultural and business events, as a pattern and in specific, is exceptional here as described previously. No other site makes a claim similar to the Villa Capri in these respects.

Criterion “B” for “properties associated with the lives of persons significant in our past” (pg 14) is highly evident with the Villa Capri. Qualifications (described on page 15) here include: 1) “Significance of the Individual” - goes without saying; 2) “Comparisons to Related Properties”- the Villa Capri as previously shown had a more intrinsic relationship to Sinatra than any other structure as far as his overall career (studio work, while done elsewhere, would have had significant planning done here), plus he co-owned it; 3) “Association with Groups” – is defined as “properties associated with several community leaders or with a prominent family”, and this condition is met as many leaders of the Hollywood entertainment community have had an important business and social association within the structure here as previously outlined. Also as Mr. Sinatra was frequently on the move, no other structure retains a relationship with him as long as the Villa Capri for business or social purposes.

Once again, the definition here includes “Persons significant in our past” referring “to individuals whose activities are demonstrably important within a local, State, or national historic context”. Admittedly, the historic context while undeniable for Frank Sinatra may be considered too modern (not a legal issue though). But it should be remembered that the Villa Capri had the longest direct or indirect association with Sinatra, was a regular site of social, artistic, and business significance and as such is unique. If demolished, no other site even vaguely resembles it in significance or ownership, never mind the restaurant’s use and importance with other persons and events in the development of Hollywood and the entertainment industry.

Additionally, almost all history of the movie, recording, television, and radio industries occurred in just the past 100 years. So when an individual is commonly referred to the “the Voice of the Century” or “the Entertainer of the Century” right up to the present day, how can anyone deny the local, state, national, or global significance of that person, and thereby the cultural importance of his most related property?

It should be noted for comparison that the Bulletin’s example for famous person criteria, using a photo and description, is on page 14. It’s for the William Whitney House in Hinsdale, Illinois. Not to put down Mr. Whitney, whose claim is to have established the town of Hinsdale, but the significance of Hinsdale to the country or world does not compare to that of Hollywood. Whitney’s association with that property was for a period of 9 years; Sinatra’s association with the Villa Capri was for 25 years. Finally Mr. Whitney and his influence from his 9 years at this National Register house will not be known much outside of Hinsdale. What Frank Sinatra did during his time at the Villa Capri was important to Hollywood’s social, creative, and business importance at the time, when others were leaving, and his work done there will continue to be of global recognition for a very long time to come.

The Villa Capri sits 1/2 block north of the Hollywood Boulevard Commercial and Entertainment National Register Historic District. Its location keeps it just outside of the District, but its importance with Hollywood commercial and entertainment history surpasses all but a few of the 90+ structures in the District. Its exterior integrity is superior to many of the structures within the District, many of which have had more substantial interior modifications than the Villa Capri.

The qualifications described above are also the same for the California Register of Historic Resources, except that the person or event of importance need only relate to California, which, for the previously stated reasons, apply to Frank Sinatra.

The eligibility of a City of Los Angeles Historic-Cultural Monument designation is also denied for the Villa Capri in the Technical Report. In part, the designation qualifications require that a “building or structure of particular historical or cultural significance to the City of Los Angeles, such as historic structures or sites in which broad cultural, political, economic, or social history of the nation, state, or community is reflected or exemplified or which are identified with historic personages or with important events in the  main currents of national, state, or local history . . .” (Section 22.130 of the ordinance, as outlined in the Technical Report).

Based on the aforementioned legally permitted precedents by the City of Los Angeles of waiving the 50 year minimum age, an argument against the Villa Capri’s historical\cultural importance is without merit. The Villa Capri’s “cultural, political, economic, or social history” significance, as required, has been demonstrated in this letter, as to meet the city’s requirements.

Whereas this letter has served to relate the Technical Report’s evaluation of the Villa Capri concerning national, state, and local significance by comparing even an abbreviated history with the appropriate requirements, the Technical Report fails to even mention the requirements of the Hollywood Redevelopment Plan (Adopted May 7, 1986, City Council Ordinance #161202, plus the Amended Plan which does not alter the following)(“Plan”). Areas of pertinent interest include: 1) III.300 Redevelopment Plan Goals - #16) “support and promote Hollywood as the center of the entertainment industry and as a tourist destination through the retention, development, and expansion of all sectors of the entertainment industry and the preservation of landmarks related to the entertainment industry” (emphasis added, page 3) and Goal #11) “Recognize, promote, and support the retention, restoration, and appropriate reuses of existing buildings, grouping of buildings, and other physical features especially those having significant historic and/or, architectural value and ensure that new development is sensitive to theses features through land use and development criteria” (emphasis added, page 4); and Section 409.1 Rehabilitation and Conservation “It shall be the purpose of this Plan to encourage the retention of existing structures by a program of conservation of and rehabilitation with the provisions of the Plan” (referring to the two “Goals” above , page 17).

Page 42 of the Plan then refers to a requirements that, 19 years later, has yet to be completed: “The Agency shall use established criteria for determining additional (note: this means those not already designated by the city) architectural and/or historical resources and shall maintain a publicly available list of all buildings within the Project Area which it determines to be architecturally and/or historically significant.” The architectural list was prepared for the Agency in September 1984 by Christy Johnson McAvoy and Leslie Heumann through Hollywood Heritage. Ms. McAvoy is a principal co-founder of Historic Resources Group, which prepared the Technical Report.

This Determination of Eligibility Report (DER) covers only the architecturally significant structures in the Project Area, and has been the sole guideline used by the Agency (CRA). The historic survey was never done. This is referenced as such in the “II Scope of Work” section of the 1984 DER as follows: “The extensive research necessary to identify other properties which possess historic but not architectural importance was outside the scope of the current study. Therefore it may be possible that additional structures, not currently documented, within the project area (sic), could be found to qualify for designation programs based solely on historic significance.” (pages 4-5.)

As to the significance of these facts to the CRA and the project’s approval, Section 407.1.4 of the Redevelopment Plans states “All development in the Project Area must conform to this Redevelopment Plan.” Finally it should be understood that when concerning the conditions outlined above for the requirement of the historic study as described in the Plan, Section 511, it is stated that “The Agency shall deny requests for housing incentive units . . . and variances for sites on which a structure to be determined by the Agency to be significant was demolished after the adoption of this Plan or is proposed to be demolished.” (page 43.) If further states “No application for any grading, foundation, demolition, building, or any other kind of permit filed with the City shall be considered to conform with this Redevelopment Plan unless and until the requirements of this Section (511) are satisfied.” (page 44.)

In short, the City of Los Angeles, and the CRA have no legal authority to issue any demolition oriented permits for the Villa Capri site. No historic survey was done as required in the Plan, and the admission of such in the DER currently used by the CRA is declared by that report’s authors, two years before the Plan’s adoption. Without that survey, no accurate determination can be made by the Agency, hence the requirements of Section 511 cannot be met. If the CRA attempted to do a historic survey on only the Villa Capri, there is no basis for this “pick and choose” format in the Plan of the Project Area. The entire Project Area Survey, reviewing approximately 3,000 structures, is the legal requirement.

Even if a survey were to be done on this one structure, the evidence presented here would be more than adequate. The full survey would only uncover more evidence for designation. Demolition oriented permits, therefore, cannot be issued for the Villa Capri, and for that matter, the entire Project Area, until the historic survey is completed, otherwise said permits are in direct violation of the Plan and subject to legal action. It should also be noted that the 1984 report on architectural significance and the referenced “Scope of Work” comments were adopted as part of the Redevelopment Plan’s May 7, 1986 approval and are thereby part of the legal record.

CONCLUSIONS

Based on these many serious legal issues, inadequate documentation as required by CEQA and the CRA, and lack of public involvement for the CEQA review due to the city’s purposely mishandling of CEQA notification, Hollywood Heritage strongly demands that this project come to an immediate halt until such time as all concerns are dealt with in a satisfactory and legal manner. If not, legal action may be required. If so, in order to avoid selective enforcement of the law, all Project Area permits pertaining to demolition issues will have to be stopped until the historic survey is prepared for the 1100 acres, as per Section 511 of the Redevelopment Plan. In addition, several other required studies that are missing will need to be prepared according to the Plan (Transportation and Parking, Hollywood Boulevard Historic District, Franklin Avenue, etc.).

It should also be noted that beside our demand to stop issuance of permits under CEQA, that no time limit exists on the CRA approval. Therefore no such approval shall be issued, or if illegally given as defined here and in the Plan, such approvals must be immediately revoked as required by law.


Sincerely,

 

 

Robert W. Nudelman
Director of Preservation Issues
Hollywood Heritage, Inc.


jc/RN

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