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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: [email protected]
• 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: [email protected]
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 [email protected]
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
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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.
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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.
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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
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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:
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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.
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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:
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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
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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
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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
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