ORIGINAL ORIL ItE*

^1#

APPEAL APPLICATION

This application is to be used for any appeals authorized by the Los Angeles Municipal Code (IAMC) for discretionary actions administered by the Department of City Planning.

1. APPELLANT BODY/CASE INFORMATION

Appellant Body:

□ Area Planning Commission 13 City Council □ Director of Planning□ City Planning Commission

Regarding Case Number: CPC-2016-837-SP-MCUP-DRB-SPP-SPR_______________

Project Address: 11401-11405 North Porter Ranch Drive and 20200 West Rinaldi Street

Final Date to Appeal: 12/19/2016

□ Appeal by Applicant/Owner□ Appeal by a person, other than the Applicant/Owner, claiming to be aggrieved□ Appeal from a determination made by the Department of Building and Safety

Type of Appeal:

2. APPELLANT INFORMATION

Appellant’s name (print): John Love ___________

Company: Shapell Liberty Investment Properties, LLC

Mailing Address: 8383 Wilshire Blvd., Suite 700

City: Beverly Hills________

Telephone: (323) 988-7590

Zip: 90211State: CA

E-mail: ilove@shapell.com

• Is the appeal being filed on your behalf or on behalf of another party, organization or company?

□ Other:0 Self

0 Yes □ No• Is the appeal being filed to support the original applicant’s position?

3. REPRESENTATIVE/AGENT INFORMATION

Representative/Agent name (if applicable): Kyndra Casper, Esq.

Company: Liner LLP__________________

Mailing Address: 633 W. 5th St., Suite 3200

City: Los Angeles_______

Telephone: (213) 694-3141

State: CA . Zip: 90071

E-mail: kcasper@linerlaw.com

CP-7769 appeal (revised 5/25/2016) Page 1 of 2

4. JUSTIFICATION/REASON FOR APPEAL

El Part□ EntireIs the entire decision, or only parts of it being appealed?

Are specific conditions of approval being appealed?

If Yes, list the condition number(s) here: See attached Justifications Letter

□ No13 Yes

Attach a separate sheet providing your reasons for the appeal. Your reason must state:

• How you are aggrieved by the decision

• Why you believe the decision-maker erred or abused their discretion

• The reason for the appeal

• Specifically the points at issue

5. APPLICANT’S AFFIDAVIT

I certify that the statements contain iplication are complete and true:

\zJja h±Appellant Signature: Date:■4^44

6. FILING REQUIREMENTS/ADDITIONAL INFORMATION

ight (8) sets of the following documents are required for each appeal filed (1 original and 7 duplicates): o Appeal Application (form CP-7769) o Justification/Reason for Appeal o Copies of Original Determination Letter

e

A Filing Fee must be paid at the time of filing the appeal per LAMC Section 19.01 B.o Original applicants must provide a copy of the original application receipt(s) (required to calculate

their 85% appeal filing fee).

All appeals require noticing per the applicable LAMC section(s). Original Applicants must provide noticing per the LAMC, pay mailing fees to City Planning’s mailing contractor (BTC) and submit a copy of the receipt.

Appellants filing an appeal from a determination made by the Department of Building and Safety per LAMC 12.26 K are considered Original Applicants and must provide noticing per LAMC 12.26 K.7, pay mailing fees to City Planning's mailing contractor (BTC) and submit a copy of receipt.

A Certified Neighborhood Council (CNC) or a person identified as a member of a CNC or as representing the CNC may not file an appeal on behalf of the Neighborhood Council; persons affiliated with a CNC may only file as an individual on behalf of self.

Appeals of Density Bonus cases can only be filed by adjacent owners or tenants (must have documentation).

Appeals to the City Council from a determination on a Tentative Tract (TT or VTT) by the Area or City Planning Commission must be filed within 10 days of the date of the written determination of said Commission.

A CEQA document can only be appealed if a non-elected decision-making body (ZA, APC, CPC, etc.) makes a determination for a project that is not further appealable. [CA Public Resources Code 1 21151 (c)].

This Section for City Planning Staff Use OnlyBase Fee: Reviewed & Accepted by (DSC Planner): Date:

art oo IMlllkiUr».Ar r\e\Receipt No: Deemed Complete by (Project Planner): Date:

C"* 10 R ip~CL Determination authority notified □ Original receipt and BTC receipt (if original applicant)

CP-7769 appeal (revised 5/25/2016) Page 2 of 2

633 W. 5th Street | 32nd Floor Los Angeles, CA 90071,2005

CL

cc213.694.3100 main213.694.3101 fax

LU KyndraJ. Casper 213.694.3141 direct kcasper@linerlaw.com

December 19,2016

Via Hand Delivery

Los Angeles City Council 201 N. Figueroa Street, 4th Floor Los Angeles, CA 90012

RE: Appeal of CPC-2016-837-SP-MCUP-DRB-SPP-SPR11401-11405 North Porter Ranch Drive and 20200 West Rinaldi Street

Dear Honorable City Council Members:

On behalf of Shapell Liberty Investment Properties, LLC (the "Applicant"), in connection with its entitlement

of the property located at 11401-11405 North Porter Ranch Drive and 20200 West Rinaldi Street

(“Property”) and its intent to develop a 345,295 sf shopping center and including grocery, retail shops,

restaurant, movie theater, medical office, and hotel with multi-purpose/conference uses thereon (the

"Project"), Liner LLP ("Liner") respectfully appeals, in part, the City Planning Commission determination

relative to Case No. CPC-2016-837-SP-MCUP-DRB-SPP-SPR.

At its meeting on August 25,2016, the City Planning Commission, among other actions, recommended that

the City Council 1) find that no subsequent Environmental Impact Report is required for approval of the

Project, 2) adopt a Specific Plan Amendment to the Porter Ranch Land Use/Transportation Specific Plan

(“Specific Plan Amendment"), and 3) adopt certain Findings. The Appellant seeks revisions to a number of

amendments that were recommended to the proposed Specific Plan Amendment, including the denial of

the proposed “Pole Sign" and proposal to include a 4,000 square foot community room in lieu of the 2

acres. The Appellant further appeals and seeks clarifications and revisions as to the recommendation to

impose certain Conditions of Approval.

I. SPECIFIC PLAN AMENDMENT TO THE PORTER RANCH LAND USE/TRANSPORTATION

SPECIFIC PLAN.

Pursuant to LAMC Section 11.5.7-G, the Project requests a Specific Plan Amendment to allow a 4,000

square foot community room in lieu of library and other municipal facilities if such requirement has not

40629.002-3579988v2

Westwood | Downtown L.A. | New York I llnerlaw.com

Los Angeles City CouncilDecember 19,2016Page 2

already been satisfied as further discussed below, and also to amend provisions relating to signage. The

Applicant requests that the Specific Plan Amendment be revised, as follows.

ONE DOUBLE-SIDED POLE SIGN WITH TWO ACTIVE LED DIGITAL DISPLAYS BEA.

PERMITTED WITHIN SUBAREA IV OF THE VILLAGE AND IN THE A1-2D ZONE.

The Ordinance to adopt the Specific Plan Amendment as recommended by the City Planning Commission

prohibits a double-sided pole sign with digital displays and tenant identification signage in Subarea IV of

The Village as part of the single proposed pole sign associated with the project. The Applicant appeals and

respectfully requests that the Ordinance to adopt the Specific Plan Amendment be revised to reinstate that

a single double-sided pole sign with two digital displays and tenant identification signage be permitted

within Subarea IV of The Village as generally proposed by the Master Sign Program, as the signage is

necessary to ensure the visibility and commercial viability of the Project.

Through Specific Plan Amendment, the revised signage requirement will create avenues for the shopping

center to become a true focal point for the community, as called for in the Specific Plan, and will encourage

the best-in-class retailers to locate in the center, thereby promoting the intended first-class community­

serving gathering place which is envisioned by the plan. Under the Master Sign Program (“MSP”) stone

elements, perimeter planters, and neutral color palettes surround the proposed pole sign to minimize visual

contrast with the vegetated surroundings and harmonize signage with the overall Project design. Further,

the sign would be oriented such that its digital display is below the average grade of the adjacent retail and

oriented solely to the traffic traveling the 118 freeway, rather than to the surrounding residential or

commercial uses along Rinaldi Street. Overall, the pole sign would further the Project's goal of improving

upon the community’s identity by developing the Site into a modern commercial center which will create a

more inviting space for local residents and other community members to walk, interact, and leisure.

40629.002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 3

The proposed amended section of the Specific Plan Amendment would read as follows:

Section 6E3(h) (3) (x). Pole Signs.

Permitted. No more than one pole sign is permitted at The Village

in Subarea IV. The pole sign may be double-faced, internally illuminated

and contain up to four fixed tenant signs on each side, with each tenant

sign being made of the same material. Additionally, notwithstanding LAMC

Section 14.4.4 A 11 the permitted pole sign may include an active LED

digital display on each side, each with a maximum area of 504 square feet

per side. Further, notwithstanding any other provision of law to the contrary,

a pole sign is permitted under this section even when located on a parcel

with an LAMC zoning designation of "A1" or "A2."

(1)

(2) Height. Notwithstanding LAMC Section 14.4.12 C to the contrary, no

pole sign may be more than 60 feet (including associated retaining wall) in

height.

(3) Area. Notwithstanding LAMC Section 14.4.12 B to the contrary, no pole

sign may exceed 1,000 square feet in area, for each face of the sign.

Additionally, the pole sign may include project identification signage located

on the sign or on an associated retaining or decorative wall, with up to 650

square feet of sign area.

40629,002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 4

WITHDRAW THE REQUEST FOR THE SPECIFIC PLAN AMENDMENT TO SECTION 9(1) AS THAT PROVISION HAS ALREADY BEEN SATISFIED. OR IN THE ALTERNATIVE. PERMIT A 4.000 SQUARE FOOT COMMUNITY ROOM BE PERMITTED IN LIEU OF THE RECOMMENDED REQUIREMENT TO PROVIDE A TWO- ACRE SITE FOR A LIBRARY OR OTHER MUNICIPAL FACILITIES.

B.

The Ordinance to adopt the Specific Plan Amendment as recommended by the City Planning Commission

requires the Applicant to provide and dedicate to the City of Los Angeles a two-acre site for government

offices or other municipal buildings and uses, as determined by the City Council, within Subareas I, II, III or

IV of the Community Center Area, or as part of the K-8 school site as provided for in Porter Ranch Land

Use/Transportation Specific Plan, Subsection H.

Applicant respectfully withdraws the request for the Specific Plan Amendment to Section 9(1) as that

requirement has been satisfied pursuant to the Joint Use Agreement between the Los Angeles Unified

School District (“LAUSD”) and City completed in July 2010 and as stated in the Council Motion approving

such Joint Use Agreement. However, in the event it is determined that the requirement for the two-acre site

for government offices or other municipal buildings and uses has not been satisfied, the Applicant

respectfully requests that the Ordinance to adopt the Specific Plan Amendment be revised to reinstate that

such requirements may be satisfied through the provision of a 4,000 square foot community room for a

variety of community-oriented uses located in Subarea II.

The proposed shopping center will be located in the heart of the Community Center area, as described by

the existing Specific Plan and the community room will be a formal place for local residents or municipal

groups to gather for activity and interaction, creating a multi-functional and flexible space. The proposed

community room is not currently required under the Specific Plan, but its inclusion will create further and

immediate avenues for the Community Center Area to become a focal point and gathering space for

community and municipal uses as is contemplated in the Specific Plan for the area. The community room

would be constructed and operated without cost to the City and would serve as a community meeting area,

event space, and would host other municipal or private functions as desired. Additional programming for

40629.002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 5

the community room would be determined based on community feedback in consultation with the Council

District office.

The proposed amended section of the Specific Plan Amendment would read as follows:

Section 9 I. Other Municipal Facilities: The Applicant shall construct and

operate a 4,000 square foot community room for a variety of community-

oriented uses. The community room shall be located in Subarea II.

C. MINOR CLARIFICATION TO SPECIFIC PLAN AMENDMENT SECTION 2(hU1).

The Applicant requests the modification of Section 2(h)(1) to move the clause "prior to the issuance of a

sign permit" from the end of the paragraphs second sentence to the paragraphs first sentence. The

proposed amended section of the Specific Plan Amendment would read as follows:

Section 2(h)(1). Master Sign Program. A master sign plan for the entire

project shall be submitted for review and approval by the Director of

Planning prior to the issuance of a sign permit. Modifications to the master

sign plan shall be submitted for review and approval by the Director of

Planning.

MINOR CLARIFICATION TO SPECIFIC PLAN AMENDMENT SECTION 2(h)(2)D.

The Applicant requests the modification of Section 2(h)(2) to include a reference to the Master Sign

Program required under Section 2(h)(1) relative to the allowable maximum aggregate sign are at The

Village. Such would further clarify any potential confusion as to the calculation of aggregate sign area

which is described in greater detail in the Master Sign Program.

The proposed amended section of the Specific Plan Amendment would read as follows:

40629.002-3579988v2

Los Angeles City CouncilDecember 19, 2016Page 6

Section 2(h)(2). Notwithstanding any provisions of the Code and Specific

Plan to the contrary, the aggregate sign area at The Village shall not

exceed 18,000 square feet as calculated under the Master Sign Program.

MINOR CLARIFICATION TO SPECIFIC PLAN AMENDMENT SECTION 3(vM2)

The Applicant requests the modification of Section 3(v)(2) to allow the measurement of the height of

monument signs to be measured from the average of the sidewalk grade on the basis that the proposed

monument signs are large and the sidewalk grade at The Village is not consistent. Using an average of the

sidewalk grade would greatly facilitate the City process of ensuring compliance with Section 3(v)(2).

Additionally, Applicant requests modification of Section 3(v)(2) to allow for a maximum height of 14 feet for

decorative tower elements associated with monument signs to be consistent with the Master Sign Program.

E.

The proposed amended section of the Specific Plan Amendment would read as follows:

Section 3(v)(2). Height. The monument sign located at the northwest

corner of Porter Ranch Drive and Rinaldi Street shall be limited to a

maximum overall height of 15 feet above the average of the sidewalk grade

or average of the edge of roadway grade nearest the sign. All other

monument signs shall be limited to a maximum overall height of 11 feet

above the average of the sidewalk grade or average of the edge of roadway

grade nearest the sign.

Decorative tower elements of up to 14 feet in height above grade which

may be integrated into or associated with monuments signs will be

disregarded as to the determination of permissible height of the monument

sign.

40629.002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 7

MINOR CLARIFICATION TO SPECIFIC PLAN AMENDMENT SECTION 3(VIH2)F.

The Applicant requests the modification of Section 3(vi)(2) to expand the sign area requirements applicable

to anchor tenants to also include two restaurants at The Village which are adjacent to the Town Green area

of The Village, irrespective of their individual building square footage, as identified in the submitted Project

plans.

The proposed amended section of the Specific Plan Amendment would read as follows:

Section 3(vi)(2). Area. The sign area of a projecting sign shall be limited to

16 square feet. However, for tenants (1) occupying more than 10,000

square feet of building floor area, (2) occupying stand-alone buildings as

the single tenant, or (3) occupying at least 4,000 square feet immediately

adjacent to the Town Green element (but not more than two such tenants

adjacent to the Town Green), may have a sign area of up to 150 square

feet, This section shall also be applicable to up to two restaurants located

adjacent to the Town Green area of The Village, without a minimum

building floor area requirement. The area of any projecting sign under this

section will not count towards the calculation of the aggregate sign area

permitted within The Village.

REQUESTED CLARIFICATIONS AND REVISIONS TO CONDITIONS OF APPROVAL

CONDITION OF APPROVAL 3.b: REVISE THE MAXIMUM SQUARE FOOTAGE FORA,THE HOTEL LOCATED ON THE SOUTH SITE.

Condition of Approval 3.b as recommended by the City Planning Commission limits the total floor area of

the hotel located on the south site to a maximum of 65,000 square feet. This Condition of Approval is

inconsistent with the Project plans which include up to 67,000 square feet for the hotel.

The proposed Condition of Approval would read as follows:

40629.002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 8

Condition of Approval 3.b. The total floor area for the hotel located on the

south site shall be limited to 70,000 square feet.

B. CONDITION OF APPROVAL 7.a: REVISE THE MAXIMUM HEIGHT FOR THECOMMERCIAL BUILDINGS ON THE NORTH SIDE OF RINALDI STREET.

Condition of Approval 7,a as recommended by the City Planning Commission limits the height of the

commercial buildings on the north side of Rinaldi Street to a maximum of 50 feet. This Condition of

ich propose a maximum height of 55 feet for suchApproval is inconsistent with the Project plans

buildings.

The proposed Condition of Approval would read as follows:

Condition of Approval 7. a. On the north side of Rinaldi Street, commercial

buildings shall not exceed a height of 55 feet.

CONDITION OF APPROVAL 8.b: EV READY PARKING BE REDUCED TO FIVE PERCENT OF TOTAL CODE-REQUIRED PARKING AND EV READY PARKING WITH

C.

CHARGERS BE REDUCED TO ONE PERCENT OF TOTAL CODE-REQUIREDPARKING.

Condition of Approval 8.b as recommended by the City Planning Commission requires the Applicant to

provide “at least twenty percent (20%) of the total Code-required parking spaces provided for all types of

parking facilities, but in no case less than one location, shall be capable of supporting future electric supply

equipment (EVSE).” Further, "[o]f the 20% EV Ready, five (5)% of the total Code-required parking spaces

shall be further provided with EV chargers to immediately accommodate electric vehicles within the parking

areas.”

In our experience with other developments, the City only requests electric vehicle ("EV") supply equipment,

such as wiring, to be installed for projects. Further, the Green Building Code only requires multi-family

dwellings to provide at least five percent of its total parking spaces to be wired for future installation of EV

40629.002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 9

supply equipment, like EV charging stations. The Green Building Code and the City's Building Regulations

do not have such a requirement for commercial buildings.

Nevertheless, we understand the growing public trend towards the use of EVs and in compliance with the

intent of the Green Building Code, we propose the following revision:

Condition of Approval 8.b. "The project shall include at least five percent

(5%) of the total Code-required parking spaces provided for all types of

parking facilities, but in no case less than one location, shall be capable of

supporting future electric supply equipment (EVSE). Plans shall indicate the

proposed type and location(s) of EVSE and also include raceway

method(s), wiring schematics and electrical calculations to verify that the

electrical system has sufficient capacity to simultaneously charge all electric

vehicles at all designated EV charging locations at their full rated

amperage. Plan design shall be based upon Level 2 or greater EVSE its

maximum operating capacity. Of the 5% EV Ready, one (1)% of the total

Code-required parking spaces shall be further provided with EV chargers to

immediately accommodate electric vehicles within the parking areas. When

the application of either the 5% or 1% results in a fractional space, round up

to the next whole number. A label stating "EV-CAPABLE" shall be posted in

a conspicuous place at the service panel or subpanel and next to the

raceway termination point."

CONDITIONS OF APPROVAL BE GENERALLY AMENDED TO INCLUDE DATESD.CORRESPONDING TO REFERENCED EXHIBITS.

The Conditions of Approval reference Exhibit A, Exhibit A-2 and Exhibit A-4. Respectively, they correspond

to the Project plans and renderings, Master Sign Program and Master Conditional Use Permit. The

Conditions of Approval should be updated to incorporate a reference date for these exhibits which reflect

40629,002-3579988v2

Los Angeles City CouncilDecember 19,2016Page 10

the most current submissions by Applicant. Namely, Exhibit A is dated August 11, 2016, Exhibit A-2 is

dated August 15,2016, and Exhibit A-4 is dated March 8, 2016

If you have any questions or comments regarding the above, please do not hesitate to contact me.

Very truly yours,

LlNEfmP

Kyndra Joy°Caspi

KJC:MN

40629.002-3579988v2