Should Frank McCourt Keep the Dodger Stadium Parking Lots? (Blog)

Prospective buyers will submit bids for the Dodgers next week.  Frank McCourt has the option to sell the Dodgers but keep the surrounding parking lots, and "his interests and landlord and potential developer might not coincide with those of the new owner." 

McCourt transferred part of the stadium land, which is all part of one Conditional Use Permit, to a legal entity that is also a Frank McCourt business.

In order to transfer part of the stadium land to another McCourt entity, McCourt has to go through the city's subdivision process.  (Municipal Code section 17.50 and following.)  The transfer has to comply with California's Subdivision Map Act.

Any deed of conveyance, sale or contract to sell made contrary to the Parcel Map regulations is voidable.  (Los Angeles Municipal Code section 17.60.)  Mr. McCourt's contract between his various entities transferring one portion of stadium land to one entity and the stadium to another of his entities may fall under this provision.  

Dodger Stadium operates under a Conditional Use Permit.   A little of the history of the CUP can be read in a 1960 Times article. 

The Patch previously covered Dodger land use issues: , .
In order to subdivide the property into separate ownership (parking lot, stadium), the owner will have to apply to the city for amended zoning.  Parking lots have to be "P" for Parking zones.  

In  2008, the stadium owner applied to the Planning Department  to expand its Conditional Use Permit (“Dodger Stadium: The Next 50 Years” project, case no. ENV-2008-1659-EIR) and  asked to sell off the parking lots and to build double the number of concession stands, new clubs for Baseline Box seat holders, expanded walkways,  new signage, a "Dodgers Museum Experience," retail businesses, offices, player and employee facilities, a second baseball-themed museum, a "Dodger Plaza and Promenade," "Top of the Park," "ticketing enhancements," and the "Emerald Necklace."     McCourt did not rule out residential development in the stadium area.

The city’s planning department held a public hearing and asked for “scoping” letters.   The next step was to be a Draft Environmental Impact Report (DEIR).   There is still no DEIR.  (Email messages from LA City Planner Henry Chu 7/2/10, 5/4/11, 1/19/12).  

McCourt needs City approval --  not just bankruptcy court approval --  to transfer the parking lots.   Unless McCourt completes the California Environmental Quality Act work he has to do, his creditors should ask the bankruptcy court to void the transfer of part of the Conditional Use Permit from one of McCourt's hands into the other.