MASTER APPEAL FORMCity of Los Angeles — Department of City Planning

APPEAL TO THE: City Council (PLANNING AND LAND USE MANAGEMENT COMMITTEE)(DIRECTOR, AREA PLANNING COMMISSION, CITY PLANNING COMMISSION, CITY COUNCIL)

REGARDING CASE #: CPC-2009-542-GPA-ZC-HD-ZV-ZAA-SPR

PROJECT ADDRESS: 1311 W. Sepulveda (Lot 2 & 3 of Tract No. 65665)

FINAL DATE TO APPEAL: May 7, 2014

ORIGINAL

TYPE OF APPEAL: 1. a Appeal by Applicant2. ❑ Appeal by a person, other than the applicant, claiming to be aggrieved3. ❑ Appeal by applicant or aggrieved person from a determination made by the Department

of Building and Safety

APPELLANT INFORMATION — Please print clearly

Name: Nancy Bush, A&M Properties, Inc.

■ Are you filing for yourself or on behalf of another party, organization or company?

1:1 Self ❑ Other: Seabreeze Homes LP & 223rd Normandie Properties LP

(property owner)

Address: 23545 Crenshaw Blvd., Suite 100

Torrance

Telephone: (310) 539-5390

Zip: 90505

E-mail: nancy@seaport-homes.com

■ Are you filing to support the original applicant's position?

CI Yes LI No

REPRESENTATIVE INFORMATION

Name: Darryl L. Fisher, Fisher Associates Inc.

Address: 21520 Yorba Linda Blvd, Suite G-563

Yorba Linda Zip: 92887

Telephone: 714-777-6802 E-mail, darryl@fisherassociatesinc.com

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

CP-7769 (11/09/09)

JUSTIFICATION/REASON FOR APPEALING — Please provide on separate sheet.

Are you appealing the entire decision or parts of it?

ID Entire 0 Part

Your justification/reason must state: See attachment

• The reasons for the appeal • How you are aggrieved by the decision

• Specifically the points at issue • Why you believe the decision-maker erred or abused their discretion

ADDITIONAL INFORMATION/REQUIREMENTS

• Eight (8) copies of the following documents are required (1 original and 7 duplicates):

• Master Appeal Form• Justification/Reason for Appealing document• Original Determination Letter

• Original applicants must provide the original receipt required to calculate 85% filing fee.

• Original applicants must pay mailing fees to BTC and submit copy of receipt.

• Applicants filing per 12.26 K "Appeals from Building Department Determinations" are considered original applicantsand must provide notice per 12.26 K 7.

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

• A CEQA document can only be appealed if a non-elected decision-making body (i.e. ZA, APC, CPC, etc...) makes adetermination for a project that is not further appealable.

"If a nonelected decision-making body of a local lead agency certifies an environmental impact report, approves anegative declaration or mitigated negative declaration, or determines that a project is not subject to this division, thatcertification, approval, or determination may be appealed to the agency's elected decision-making body, if any."--CA Public Resources Code § 21151 (c)

I certify that the statements d in this application are complete and true:

Appellant Signature:

Planning Staff UAe Only

Date: 1707120/

Amount ..,1 )1102..44.9 Reviewed and Accepted by 251:.&...wirtpta_..41-- Date

Date

1///772..(ifReceipt No. 0,0D. (r3 M Deemed Complete by

❑ Determination Authority Notified

CP-7769 (11/09/09)

❑ Original Receipt and BTC Receipt (if original applicant)

Specifically the points at issue

1. The Industrial Land Use Policy (ILUP)

In December 2007, the Los Angeles Department of City Planning (DCP) and the CommunityRedevelopment Agency of the City of Los Angeles (CRA/LA) published a report thatemphasized the preference of using industrially zoned land for creating jobs. However, HarborGateway was not part of the area selected for the study (Figure 1). Moreover, issues discussed inthe report are less relevant to Harbor Gateway. The following table compares these major issuesof industrial land use in Harbor Gateway vs. those areas covered in the report.

Major Land Use Issues Harbor Gateway' ILUP2Percent of land zoned for industrial use 41% 8%Housing units built/approved in industrialareas since 2001

None 2,332 units(Downtown only)

With regards to the opportunities for housing development, the ILUP report points out that "TheGeneral Plan Framework and the Community Plans, which together make up the Land UseElement of the General Plan, direct housing development to job centers, mixed use districts, andareas with access to transit and neighborhood amenities. Such areas can attract and support thecommercial uses, amenities, and services that residents need and desire and that createneighborhoods." Such statements indicate that in certain situations, the Plan does support theconversion of industrial to residential land uses. Due to a lack of vacant or under-utilizedresidential land for multi-family housing development, selected areas in Harbor Gateway, suchas the Sepulveda commercial corridors, meet this guideline for housing development.

I. Harbor Gateway Community Plan updated October 2001.2. Los Angeles' Industrial Land: Sustaining a Dynamic City Economy, December 2007.

2. Update to General Plan along Sepulveda Blvd Commercial Corridor

As noted in the Harbor Gateway Community Plan, Sepulveda Boulevard is a main commercialcorridor. Had the plan been updated to reflect the actual land use along Sepulveda Boulevard(Figure 2), the industrially zoned land shown in blue, should have been changed to neighborhoodcommercial, shown in red (Figure 3). The proposed request for amendment of the General Planwould be part of the Sepulveda Blvd commercial corridor.

3. Industrial Land Use in Harbor Gateway

The Harbor Gateway plan area is located in southern Los Angeles, south of 120th Street andnorth of Sepulveda Boulevard. The Community Plan consists of approximately 3,229 acres'. Therecently completed Harbor Freeway Transit Way along the Harbor Freeway (Interstate 110), aswell as the 1,015 car lot at the corner of Vermont Avenue and Artesia Boulevard, have increasedmass transit connections to downtown Los Angeles and San Pedro.

The Industrial Land Use Policy (ILUP) report by the Los Angeles Department of City Planning(DCP) and the Community Redevelopment Agency of the City of Los Angeles (CRA/LA)

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indicated that just eight percent (8%) of the City of Los Angeles is zoned for industrial use. Incontrast, Harbor Gateway designates approximately forty-one percent (41%), or 1,050 acres, ofland for industrial use.

Harbor Gateway enjoys excellent access to Interstate Freeways 110, 405, 91 and 105; LosAngeles International Airport (LAX); and San Pedro, the port of Los Angeles. Industrial landlocated east of the Harbor Freeway and south of the San Diego Freeway has been developed intomid-to high-rise office buildings (Figures 4 and 5).

Recent redevelopment of industrially zoned sites led to the construction of large scale warehouseand distribution facilities. Along 190th Street, a former 42-acre Honeywell manufacturing plantwas converted into a self-storage facility and a warehouse for PC Mall, an Internet retailer.

The most noticeable development in recent years was a 67-acre industrial site formerly used asaerospace production facilities by Martin Marietta on the southeast corner of 190th Street andWestern Avenue. Large warehouses and distribution facilities have been built on the site(Figures 6 and 7). East of the site, a zoning change from industrial use to neighborhoodcommercial allowed for the construction of a hotel, Wal-Mart store, and other retail shops(Figures 8 and 9).

Another large industrial site was rezoned to neighborhood commercial (M3 to C4-1) for aHoliday Inn on Vermont Avenue south of the San Diego Freeway (Figures 10 and 11).

At the southeast corner of 182nd Street and Vermont Avenue, a vacant 350-acre area planned forheavy industrial land is currently used for a used car auction operation (Figure 12).

In summary, due to the strategic location of Harbor Gateway between LAX and the port of LosAngeles, most of the industrial land uses are related to import/export activities such as logistics,warehouse/distribution spaces, and offices. Former manufacturing facilities have been convertedinto logistics warehouses, offices, and retails. There is still a surplus of industrially zoned sitesthat are used as salvage yards (southeast corner of Vermont Avenue and Artesia Boulevard),storage yards, and used car auction lots (a vacant 350-acre heavy industrial land) in HarborGateway.

4. Shortage of Housing in Harbor Gateway

Due to the shortage of workforce housing in Harbor Gateway in recent years, a 77-unit apartmentbuilding has a waiting list for prospective tenants such as nurses and interns from the adjacentUCLA Harbor Medical Center3. This shortage has even resulted in a concerted effort to helpteachers and families find housing and live closer to their jobs. For example, developerBRIDGE Housing has broken ground to build 90-unit apartments on a L.A. Unified SchoolDistrict-owned site on the campus of Gardena High School (Figure 13) 4.

It can also be noted that no apartment projects of any sizes have been built in Harbor Gatewaysince the late 1980's due to a shortage of developable residential land'.

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3. Communication with manager at the Gateway Court apartment (Dorothy, 310-782-8338).4. BRIDGE Housing www.bridgehousing.com 5. Communication with executives of CB Richard Ellis Group, Inc. (Mike McKinney, 310-880-2900).

5. Alleged Job Loss as a Result of Complaints from Future Residents

In October 2011, L&B Realty in Dallas, Texas, bought the old section of the Storm BusinessPark that includes tenants such as All Access and Los Angeles Times, which are adjacent to theproposed apartment buildings. Representatives from L&B stated that 500 jobs could be at risk ifthe future tenants of the apartment project start complaining about the outdoor construction,noise, odors, and truck traffic.

However, this statement is not grounded in facts. Since 2008, the developer has had severalmeetings with the president of All Access, which occupies two buildings in the Storm BusinessPark. One of the buildings is located at the entrance of Storm Parkway and is across the streetfrom a new 78-unit condo project built in 2009 (former a used car auction lot) on NormandieAve and 228th Street (Figure 14). For the last 5 years, there have been no complaints reported bythose 78 families about noise, odors, and traffic across the street from the business park. In 2011,L&B did due diligence on the fact that there were residential developments adjacent to thebusiness park such as the proposed apartment project and the new construction of the 78-unitcondos before entering a contract to buy a portion of the Storm Business Park that included AllAccess and Los Angeles Times.

To mitigate these potential issues, the developer sold a 50-foot strip of land to L&B'spredecessor TA Realty Boston to create a buffer zone between the proposed apartment buildingsand All Access and Los Angeles Times (Figure 15). In addition to the 50-feet buffer zone, theproposed building will set back 21 feet from the property line. The total distance between theproposed apartments and their northerly business neighbors is comparable to that shown inFigure 16, i.e. the distance between All Access and the 78-unit condos.

Also, the two proposed buildings will have two levels of above-grade parking and apartmentunits will start on the 3rd floor. The elevated nature of the design of the proposed building willprovide a vertical separation to minimize impacts of potential noise and odors from the BusinessPark.

Furthermore, the developer of Sea Breeze Apartments proposes to sign an indemnificationagreement with L&B and give full disclosure to prospective future apartment tenants aboutpotential issues.

Communication between businesses tenants of Storm Business Park and Los Angeles Times andAll Access in the past 5 years has revealed no indication of concern regarding job losses as aresult of residential development around the Park. Therefore, it is unlikely that there will be joblosses as a result of the development of the proposed apartments.

6. Alleged Job Loss as a Result of Converting Industrial Land for Residential Use

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Employment for new development as estimated by Fishkind & Associates for the Fiscal ImpactAnalysis Model (FIAM) is as follows:

Warehouse: 5,000 sq. ft. per employee (range: 1,000-7,500 sq. ft. per employee)Office: 350 sq. ft. per employee (range: 275-450 sq. ft. per employee)Retail: 600 sq. ft. per employee (range: 450-650 sq. ft. per employee)

Based on this study, job loss as a result of taking industrial land for residential use isexaggerated. For example, if the proposed Lots 2 & 3 are developed as office/warehouses forlogistics, the estimated employment will be as follows:

Lot size: 222,906 sq. ft. Building size: warehouses: 111,453 sq. ft.; office spaces 3,500 sq. ft. (52% lot coverage)Estimated new employees for warehouses: 22 (Average 5,000 sq. ft. floor space per employee)Estimated new employees for offices: 10 (Average 350 sq. ft. per employee)Total new employees: 32

The 32 new jobs would be fewer than the number created by the proposed apartment buildings(40 jobs) as described in the analysis in the following paragraph.

7. Job Creation through Multi-Family Development

It is a general misconception that residential developments do not create jobs. Class A multi-family communities often contain amenities such as a swimming pool, spa, health club, clubhouse, meeting facilities, recreational facilities, state-of-the-art communication systems, T1, fiberoptic, Wi-Fi, elevators, methane gas detection systems, full sprinkler systems, fire detection andalarm systems, energy efficient lighting and central HVAC systems. In order for these systemsto operate smoothly, multi-family projects rely on the expertise of technicians, plumbers,electricians, carpenters and elevator crews.

In addition to the job opportunities for painters, cleaning crews, gardeners, pool cleaners andsecurity personnel, Class A apartment communities hire well-paid interior designers, architects,engineers, professional managers, marketing executives, advertising agents, and leasingspecialists.

For each dollar of gross income from an apartment, 35 to 40 cents contributes to the expenses ofoperating and maintaining the building'. Compared to jobs at retail stores and warehousedistribution spaces, jobs to operate and maintain multi-family projects often provide higherwages and better opportunities for career advancement.

Furthermore, Class A apartments play an important role as incubator units for entrepreneurialand home-based business operators. The state-of the-art communication systems and meetingfacilities allow apartment tenants to conduct business from the convenience of their homes. Inthe latest survey, about 25% of tenants who lives in the Class A building as proposed in thesubject property have a home-based business'.

4

Examples of types of home-based businesses:• Consulting• Marketing• Advertising• Communications• Film/video production/editing• YouTube video production• Maintenance/janitorial/painting business• Selling beauty products• Interior design• Masseuse• Medical billing• Telemarketing• Financial advising• Landscaping designer• Import/export related business

Class A apartments provide essential amenities for these types of businesses to operate:• Unit amenities:

Office space and tech desk in unitsHigh speed internet via fiber optic cableIn-unit telecommunication networkSatellite data networkTemperature controlled units with heating and A/C

• Building amenities:Wi-Fi available in common areasBusiness center with fax and printerBoard room and meeting roomsTeleconferencing facilities24-hour fitness center

In summary, distribution warehouses recently built to replace manufacturing facilities in HarborGateway do not create as many jobs as the previous use for manufacturing facilities. Theproposed apartment complex is estimated to create 40 full-time, well-paid jobs. It will becomparable to those of a logistics warehouse recently built in Harbor Gateway. Class Aapartment buildings such as the proposed project will not only create jobs but also facilitatehome-based businesses.

6. Data from 2013 annual report, Apartment Owners Association of California, Inc.7. Communication with apartment manager at a Class A, 136-unit apartments building, located in San Pedro (Lumi, 310-514-2515).

How you are aggrieved by the decision?

The property owner is aggrieved by this decision due to the right of the property owner todevelop the subject property in relationship to an up-to-date Community Plan. The 18-year-oldPlan does not accurately reflect the Sepulveda Boulevard commercial frontage developmentbetween Normandie and Western.

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Further, the decision by the Planning Commission is a great loss for the Harbor Gatewaycommunity, ignoring five years of hard work by the Councilmember of District 15 andNeighborhood Council as well as the need for housing for teachers, police officers, nurses andother professionals in Harbor Gateway.

These points are further described as follows:

1. The 18-year-old General Plan is outdated and should be updated to reflect the actual usealong the Sepulveda Blvd commercial corridor, the proposed zone change then would bewithin the objective and framework of the community plan and part of the mixed-usenature of a residential development along a major highway.

2. Harbor Gateway was not part of the area selected for the study of the Industrial Land UsePolicy (ILUP) and issues discussed in the report are less relevant to Harbor Gateway. ThePlan does support the conversion of industrial to residential land uses in certain areas.The report identifies these situations: "Such areas can attract and support the commercialuses, amenities, and services that residents need and desire and that createneighborhoods." The proposed project will support the logistics use and serve the needsof the Harbor Gateway community.

3. Three-term Councilmember Janice Hahn worked with the developer, the NeighborhoodCouncil, and the community on this project since 2008. On the last day before herdeparture to join the U. S. Congress, she wrote a letter of support for this project(Attachment #1).

4. The proposed project fulfills the Councilwoman's goals in providing new housing whilenot destroying existing single family homes or multiple units in Harbor Gateway(Attachment #2, Los Angeles Times article).

5. Councilman Joe Buscaino recently attended a ground breaking ceremony of a 90-unitapartment development adjacent to a baseball field on the Gardena High School campus.This example demonstrates the shortage of housing for teachers and other professionalsin Harbor Gateway.

6. The proposed project is supported by the Neighborhood Council, the adjacent businessessuch as Storm Industries (East), Mulligan Family Fun Center (West), Murad Skincare,Room & Board (North) and residents in the community. (Attachment #3).

7. The proposed Lots 2 and 3 are approximately 500 feet off Sepulveda Boulevard and theonly ingress and egress to the street is a cul-de-sac, Fontaine Way. There is no secondaryaccess to a street from these lots. While the unique location of these two lots is ideal fora residential development, it presents limitations for logistics and warehousing spaces andother manufacturing facilities that use large trucks.

8. Storm Properties owned and developed Storm Business Park with offices and warehousesnorth and east of the subject Lots 2 and 3. Storm also is presently building a retail plazasouth of Lots 2 and 3 along Sepulveda Blvd. Storm sold Lots 2 and 3 to Sea Breeze forthe proposed project and kept all the surrounding land due to limitations of land lock andingress and egress of a cul-de-sac. As an experienced developer for businesses, Storm hasin-depth knowledge of knowing that the proposed Lot 2 &3 land is not suitable to buildfor logistics and warehousing (Figure 17).

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9. Concerning opposition to the added area, Lot 5 is not an issue. Construction in StormPlaza along Sepulveda Blvd — including a CVS (completed in 2013, Figure 18), a WellsFargo, Good Will Store, and other retailers — is expected to be complete in July 2014.The remaining issue would be on Lot 4. Storm's concern is the requirement of aConditional Use Permit (CUP) for a drive-through fast food restaurant as a result of zonechange to C2-1. If a [Q] condition is added to the zone change to waive the CUPrequirement for a drive-through, Storm will have no issues including Lots 4 and 5 in theadded area.

10. In conclusion, this project has gained support from the Councilmember in the 15thDistrict, Neighborhood Council, and the community. More importantly, the proposedhousing will meet the needs and desires of the community.

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

The staff report states that the property should not be rezoned because of the Harbor GatewayCommunity Plan which has not been updated in 18 years and the Industrial Land Use Policy(ILUP) which focused on retention of industrial property after studying primarily Downtown andWest Los Angeles areas. Therefore, because of the age of the Community Plan and thepotentially inapplicable policies of the ILUP, the decision reached by the planning staff and thePlanning Commission is capricious and arbitrary.

The City Planning Commission allowed only two pages of hand outs and a 10 minutepresentation by the applicant in the hearing. The applicant was unaware of this limitation prior tothe hearing, and similar restrictions were not imposed during previous hearings such as PonteVista and other projects. As a result, the applicant had insufficient time to provide completeinformation for the commissioners to make an informed decision.

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