City of Culver City, California
Agenda Item Report
1
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution (Attachment No. 1)
approving Administrative Use Permit AUP P-2009039 and Administrative
Modification AM P-2009040.
PROCEDURE:
1. The Mayor seeks a motion regarding the filing of the affidavit of posting of
the notices for this Public Hearing.
2. The Mayor calls on staff for a brief staff report and the City Council poses
questions to staff as desired.
3. By City Council action on June 28, 2010, the Public Hearing was held on that
date with public testimony being provided, and the Public Hearing was
continued to July 12, 2010. The public hearing remains open and the City
Council shall hear any remaining public comment at this time.
4. Mayor seeks a motion to close the public hearing after all testimony has
been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND:
On June 28, 2010, after receiving public comment, the City Council directed staff
to prepare a resolution conditionally approving the Administrative Use Permit
and Administrative Modification to allow tandem parking with reduced stall
widths at 8511 Warner Drive also known as the Warner Lot. The covenant
Meeting Date: 7/12/10 Item Number: PH-5
CITY COUNCIL AGENDA ITEM: CONTINUED PUBLIC HEARING – Adoption of a
Resolution Approving An Administrative Use Permit (AUP) for Tandem Parking
and Administrative Modification (AM) to allow a reduction of parking stall widths
on an Existing Surface Parking Lot at 8511 Warner Drive.
Contact Person/Dept.: Thomas Gorham,
Sol Blumenfeld CDD
Phone Number: (310) 253-5727
(310) 253-5702
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X ] Action Item: [] Attachments: [X]
Public Notification: Notices mailed to all property owners and occupants within a 500-
foot radius of the project site (4/30/10).
Department Approval:
Sol Blumenfeld (07/07/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/08/10)
Fiscal Impact Review:
Jeff Muir (by N. Kimball) (07/08/10)
City Manager Approval:
P. Lamont Ewell (07/08/10) City of Culver City, California
Agenda Item Report
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regarding use of the property will be considered by the City Council in a
separate action at a later date.
Pursuant to that direction, staff has prepared such a resolution for the City
Council’s consideration.
FISCAL ANALYSIS:
There is no fiscal impact associated with approving the proposed resolution.
The proposed project is a privately funded venture with no financial assistance
from the City or Agency. The added parking will increase the parking supply for
area businesses, which may ultimately result in added tax revenues for the City.
ATTACHMENTS:
1. Staff Report from June 28, 2010
2. Proposed Resolution
MOTION:
That the Council:
Adopt the Resolution approving the Administrative Use Permit and
Administrative Modification.
MEETING DATE: 07.12.10
AGENDA ITEM: CONTINUED PUBLIC HEARING – Adoption of a
Resolution Approving An Administrative Use Permit
(AUP) for Tandem Parking and Administrative
Modification (AM) to allow a reduction of parking stall
widths on an Existing Surface Parking Lot at 8511
Warner Drive.
ATTACHMENTS
Pages
1. Resolution No. 2010-R_____ 1-6
2. June 28, 2010 Staff Report 7-15
ATTACHMENT 1ATTACHMENT 1ATTACHMENT 1ATTACHMENT 1ATTACHMENT 1ATTACHMENT 1City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council conduct a public hearing, direct staff to
prepare resolutions based upon the City Council’s discussion this evening, and
continue the public hearing to July 12, 2010, at which time the Resolutions will
be considered by the City Council related to a proposed amendment to the
Public Parking Covenant, the Administrative Use Permit, and Administrative
Modification for the property located at 8511 Warner Drive (the Warner Lot).:
The City Council may wish to consider the following options this evening:
A. Direct staff to prepare a resolution for the City Council’s consideration on
July 12, 2010 which grants the approval in its entirety, by approving the
Administrative Use Permit and Administrative Modification as proposed
which allow tandem parking on the Warner Lot and approves an
amendment to the existing Warner Lot Covenant to allow the tandem
parking use;
OR
B. (Staff Recommendation) Direct staff to prepare a resolution for the City
Council’s consideration on July 12, 2010, which conditionally approves
the Administrative Use Permit, the Administrative Modification subject to
operational conditions, and an amendment to the existing Warner Lot
Meeting Date: 6/28/10 Item Number: PH-2
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Consideration of Directing
Staff to Prepare a Resolution Approving (1) an Administrative Use Permit for
Tandem Parking and (2) an Administrative Modification to Allow a Reduction of
Parking Stall Widths and (3) Amending a Public Parking Covenant to Permit
Tandem Parking and on an Existing Surface Parking Lot at 8511 Warner Drive.
Contact Person/Dept.: Thomas Gorham,
Sol Blumenfeld CDD
Phone Number: (310) 253-5727
(310) 253-5702
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X ] Action Item: [] Attachments: [X]
Public Notification: (USPS) Notices to all property owners and occupants within a 500-
foot radius of the project site (4/30/10); (E-Mail) Meetings and Agendas – City Council
(05/05/10); Applicant and property owner.
Department Approval:
Sol Blumenfeld (06/22/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/23/10)
Agency General Counsel:
Murray Kane (05/05/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/05/10)
City Manager Approval:
P. Lamont Ewell (05/06/10)
ATTACHMENT 2
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Agenda Item Report
Covenant which allows tandem parking at the property located at the
Warner Lot)
OR
C. Direct staff to prepare a resolution which denies the application in its
entirety.
PROCEDURE:
1. Mayor calls on staff for a brief staff report and the City Council poses
questions to staff as desired.
2. Mayor declares the public hearing open, providing the applicant the first
opportunity to speak, followed by the general public.
3. The City Council discusses the matter and provides direction to staff.
4. The Mayor declares the public hearing continued to July 12, 2010 to allow
staff to prepare resolutions for consideration by the City Council once the
public hearing has been concluded.
BACKGROUND:
This item was originally scheduled for consideration by the City Council on May
10, 2010. At that time, the City Council granted a request by the applicant to
continue the public hearing to June 7, 2010. On June 7, 2010, the City Council
further continued the public hearing to this evening. Based upon discussion
between staff and the applicant, this report has been updated and the staff
recommendation has changed from the one presented to the City Council on
May 10, 2010. The updated paragraphs are denoted in BOLD ITALICS.
On March 19, 2010, Samitaur Constructs submitted a complete application for
an Administrative Use Permit (AUP) and an Administrative Modification (AM) to
permit tandem parking with reduced stall widths at the Warner Lot. The
complete application also includes using a portion of an abutting Rail Spur which
is owned by the City. The proposed tandem parking is intended to provide
additional parking for Hayden Tract businesses. The Hayden Tract historically
contained industrial buildings with substantial lot coverage and little surface
parking. Over the last fifteen years, many of the area buildings have been
remodeled to accommodate service and creative office uses with heavier
parking demand. However due to the nature of the recent building renovations,
many have not supplied additional parking. Consequently, parking is
undersupplied in the area. The proposed AUP for tandem parking is intended to
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Agenda Item Report
help alleviate undersupplied parking in the area. In addition, the application
references use of tandem parking and a shuttle bus service to access other
Samitaur Constructs parking facilities, but there is inadequate information
supplied to assess these proposals, and they are not being considered under
this application. The project will be considered first, and then depending upon
the direction received, staff will bring back the appropriate draft Resolution for
consideration at the July 12, 2010 City Council meeting.
The matter was set for public hearing on May 10, 2010, however, the
applicant submitted a letter requesting a continuance to allow additional
time to present their views on staff’s recommendations regarding the
application.
The proposed sale or lease of the Rail Spur required a separate real estate
transaction by the City Council and on May 26, 2010, the City Council
considered the proposal and declined to provide negotiation instructions
to staff. Consequently the City Council is considering tandem parking
only on the Warner Lot tandem parking application.
Recent Discussions with Applicant:
Staff met with the applicant in May and June to find a mutually acceptable
way to move forward on the project. The “last best offer” submitted by
staff is summarized below. A copy of the applicant’s comments are
attached.
From staff’s perspective, while the applicant is providing needed public
parking, the proposed tandem parking used to increase the lot’s capacity
creates inconvenience because half of the spaces are no longer directly
accessible. Those parking in the lot will be required to wait for parking lot
operators to retrieve cars. To compensate for the inconvenience, staff is
recommending that the covenant be amended as follows:
The term of the covenant shall expire on 2016 (No change from original
covenant);
The rental rate for the tandem spaces shall be subject to the Fair Market
Parking Rate requirements of the original covenant for the original 242
spaces and may be increased for the new tandem spaces to recover
costs to the break even point;
The tandem parking for the original 242 spaces shall be made available
first to public users (including Willows School) that are not affiliates of
Samitaur Constructs (No change from original covenant);
ATTACHMENT 2
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Agenda Item Report
Reallocation of the original 242 spaces shall not commence for three
years and the new tandem spaces (56 spaces) may be reallocated for all
Hayden Tract property owners immediately on a pro rata basis (with
confirmation of reallocation method by the City).
After year three all spaces to be reallocated on pro rata basis.
A specific management and operations plan shall be approved by the
City.
The applicant has rejected the proposed changes involving deferral of the
reallocation of the original 242 spaces and believes that Samitaur
Constructs is entitled immediately to a pro rata share of all the tandem
parking and feels the current allocation of parking is inequitable.|1010|
However, the applicant has also offered to defer the reallocation for an
unspecified period until “the impacts of tandem parking are known.” The
applicant has offered to provide a $130 per month cap on the price of
parking so long as it is consistent with fair market pricing, but qualifies the
offer with an exception where a parker wants to commit to a long term
lease at a higher rate than proposed under the cap, which effectively
means that the parking rate is whatever price the applicant can obtain for
the parking. This violates the fair market rent definition as well as violating
the “fair, equitable and reasonable” provisions of the original covenant.
Project Site:
The Warner Lot is located on a 75,800 sq. ft. surface parking lot that currently
contains 242 parking spaces. It was originally owned by the City and sold to
Samitaur Constructs in June 2006, for the purpose of constructing a public
parking garage and other ancillary uses. Entitlements to construct a 775 space
parking structure, along with 51,520 square feet of commercial space, were
received on August 3, 2009, for which the developer is currently pursuing project
financing. In the interim, Samitaur Constructs is requesting approval to provide
tandem parking on the Warner Lot and to relieve area parking demand.
Summary of Project Approvals requested by Applicant
Modification of Warner Lot Covenant to Permit Tandem Parking
Sale or Lease of Adjacent Railroad Spur (The City Council determined
not to provide any negotiating instructions to staff for the sale or
lease of the property and this portion of the application is not being
considered.)
AUP for Tandem Parking for the Warner Lot and Rail Spur (Only the
application relating to the Warner Lot is being considered at this
ATTACHMENT 2
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Agenda Item Report
time as the City Council determined not to provide any negotiating
instructions to staff for the sale or lease of the Rail Spur property.)
Administrative Modification to Allow Less than 9’-0” for Stall Width
Project Request:
In 2006, the Warner Lot was sold to Samitaur Constructs with a ten year
restrictive covenant (the covenant remains effective for approximately six more
years and expires in 2016). Among the covenant provisions are prohibitions on
changes to the operation or use of the Warner Lot as a public parking facility
without prior written authorization of the City Council. Therefore, in case the City
Council wishes to permit changes to the operation of the Warner Lot (including
the use of tandem parking), an amendment to the covenant is required. The
applicant proposes two Options, both of which would require an amendment to
the covenant.
The applicant has submitted two options for restriping the Warner Lot to
accommodate tandem parking (Attachment No. 1). Option 1 would restripe and
provide other improvements to create 298 parking spaces, a net increase of 56
spaces from the existing 242 spaces. Option 2 is not being considered since it
involves use of the Rail Spur to create an additional 40 spaces (for a total of 338
spaces, or a net increase of 96 spaces from the existing 242 spaces).
California Environmental Quality Act (CEQA):
Section 15301 of the CEQA Guidelines exempts projects involving minor
alterations to existing facilities from CEQA review. This project is categorically
exempt from CEQA review since it involves a minor alteration to an existing
structure, facility or topographical feature.
DISCUSSION:
Parking Covenant
The Proposed Covenant Amendments -- Attachment No. 3) include new
provisions to allow tandem parking on the Warner Lot subject to approval of an
“Operations Plan” (Attachment No. 2) which includes the requirements for
parking lot attendants to be available at specified hours to assist with parking
and orderly retrieval of tandem parked vehicles.
The Proposed Covenant Amendments specify the total number of tandem
spaces in excess of the currently supplied 242 stalls and that all costs for
ATTACHMENT 2
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Agenda Item Report
implementing the tandem parking are borne by the buyer (applicant). The
Proposed Covenant Amendments are consistent with the fair market rate
requirements in the original covenant, and that the original 242 spaces shall first
be reserved for non-Samitaur affiliates. Further, the Proposed Covenant
Amendments include an extension of the Covenant for an additional three years
in consideration for the inconvenience of tandem parking and that the term of
the Covenant expires nine years after the date of its initial effective date.
Tandem Parking Layout
As noted above, the Warner Lot currently has 242 parking spaces. Access to
the lot is provided from two driveways off of Warner Drive. The existing parking
spaces are laid out in a 90 degree configuration with access off of 3 east-west
and 2 north-south two-way drive aisles. There are currently 7 handicap parking
spaces provided.
The proposed tandem parking layout would utilize the existing driveways and
layout the tandem parking in a 90 degree configuration with access off of 2 east-
west and 2 north-south two-way drive aisles. In Option 1, a total of 298 parking
spaces are proposed (a net increase of 56 spaces). 248 of the spaces would be
in double tandem configuration and 9 in triple tandem configuration for a total of
257 tandem spaces. 41 non-tandem spaces would remain (17 each along the
west and east sides of the lot and 7 handicap spaces).
Culver City Municipal Code (CCMC) Section 17.320.035.C.1.b requires
tandem parking spaces to be a minimum of 9’ in width by 18’ in depth and
not more than 3 spaces deep. The tandem parking spaces are proposed to be
8’-4” in width by 18’ in depth. . In order to permit the reduction in tandem stall
width an Administrative Modification is required. Pursuant to CCMC Section
17.550.010 a 10% reduction in the required parking space dimensions is
permitted. The 10 % reduction allows the required 9’ stall width to be
reduced to a minimum of 8’-1.2”. Therefore, the proposed 8’-4” stall width
is within the allowable 10% reduction as shown in the following
calculation:
9’ = 108” and 108” x 10% = 10.8” and 108” – 10.8” = 97.2” or 8’-1.2”
which is < 8’ – 4” and permissible under the Code provision).
Tandem Parking AUP
In order to approve the proposed tandem parking the existing parking covenant
must be amended and specific findings for the AUP must be met. Among these
findings is compatibility of the proposed use with the surrounding area and that
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Agenda Item Report
the site is physically suitable to accommodate the proposed use. For several
years, the City has pursued strategies to increase parking in the Hayden Tract.
These strategies include: the development of surface parking along the Rail
Spur through establishment of a parking association administered by adjacent
property owners, the development of a parking district to supply parking in public
parking facilities in lieu of providing all required parking on-site, and joint
development of public parking. The proposed tandem parking is consistent with
these measures and will help in providing needed parking for the area that will
not have a detrimental impact since it is intended to satisfy existing parking
demand and will be designed to be compatible with the surrounding area. In
addition, as outlined above, the proposed site is physically suitable to
accommodate the proposed tandem parking layout. Detailed findings for the
AUP will be noted in the draft Resolution.
Administrative Modification -- Stall Width Reduction
In order to approve the proposed stall width reduction, specific findings for the
Administrative Modification must be met. The project does meet the required
finding for Administrative Modifications which states the purpose of the
Administrative Modification is to allow for modifications to a proposed project
when the development standards create an unnecessary, involuntarily created
hardship or unreasonable regulation which makes it impractical to require
compliance with the development standards.
An Administrative Modification, similar to a Variance from the zoning standards,
does not authorize a use or activity which is not otherwise expressly authorized
by the zoning regulations governing the property. An Administrative Modification
only permits minor deviations from the regulations applicable to certain
standards such as setbacks, height, and parking requirements. The zoning
provisions are not being changed or ignored; rather, the property owner is
provided with a form of relief from the strict terms of a comprehensive zoning
ordinance in order to use the property in a manner that places him in parity with
other uses in the same vicinity and zone and is basically consistent with the
established regulations. In this case, the proposed tandem parking use is
temporary and the slight reduction in stall width is intended to maximize the
number of parking spaces available for public use.
The special circumstances related to the requested Administrative Modification
(stall width reduced by 8 inches) and Administrative Use Permit (tandem
parking) are related to the temporary nature of the use and the necessity to
supply adequate public parking for the area. Detailed findings for the
Administrative Modification will be noted in the draft Resolution.
ATTACHMENT 2
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CONCLUSION:
Staff believes the project is compatible with the area and the purpose and
standards of the IG zone. Staff further believes that the project meets all other
zoning provisions and is consistent with the requirements to make the findings
necessary to grant an Administrative Modification for parking as set forth in
CCMC Chapter 17.550 (Variances and Administrative Modifications), and that it
meets the standards for tandem parking set forth in CCMC Chapter 17.320 (Off-
Street Parking and Loading).
FISCAL ANALYSIS:
This is a privately funded venture with no City or Agency funds reserved for the
project. The added parking will help secure parking for area businesses which
may ultimately result in added sales and tax revenues to the City. The use will
not likely generate additional City service costs if it is improved pursuant to the
conditions of approval.
ATTACHMENTS:
1. Proposed Tandem Parking Layout Plans
2. Plan for Implementation of Tandem Parking/Parking Attendant System
3. Draft Covenant Amendment
4. Applicant’s Correspondence and Applicant’s Draft Resolution.
MOTION:
That the City Council:
A. Direct staff to prepare a resolution which (1) approves the amendment to the
Warner Parking Lot Covenant to permit tandem parking and (2) grants the
application by approving the Administrative Use Permit and Administrative
Modification, in its entirety, and continue the Public Hearing to July 12, 2010.
OR
B. (Staff Recommendation) Direct staff to prepare a resolution which (1)
Approves the amendment to the Warner Lot Parking Covenant to permit
tandem parking and (2) grants the application in part, by approving the
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Agenda Item Report
Administrative Use Permit and Administrative Modification for the Warner Lot
subject to conditions related to parking operations; and continue the Public
Hearing to July 12, 2010.
OR
C. Direct staff to prepare a resolution which denies the Warner Lot Parking
Covenant amendment and the Administrative Use Permit and the
Administrative Modification application; and continue the Public Hearing to
July 12, 2010.
NOTES:
1. Percentages of Occupancy Using 242 total parking spaces:
Smashbox (44 spaces, 18%)
Willows (52 spaces, 21%)
Worldpac (20 spaces, 8%)
Jason Natural Products – Organic Cosmetics (40 spaces, 17%)
Jim Jacobsen/Dave Wilson Property Tenants (60 spaces, 25%)
Classic Party Rentals (22 spaces, 9%)
Total Portion of 242 Spaces Used by Biggest Users: 238; which is 98%*
2. Samitaur Constructs indicates that without tandem parking they are required to
reallocate the existing spaces pursuant to language in the covenant. To date, the
spaces have not been reallocated due to the ongoing negotiations related to the
proposed parking structure. The parking allocations have remained as they were prior
to purchase of the Warner Lot. Reallocation of the spaces could be problematic
because those businesses currently renting spaces
i
will likely have their allocation
reduced.
*Total Portion of 242 Spaces Used by Biggest Users: 238; which is 98%
ATTACHMENT 2
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