Legislation Details

File #: HIST-13681    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 4/5/2010 Final action: 4/5/2010
Title: Public Hearing on the Appeal of an Administrative Site Plan Review for a Two-Story Addition to an Existing Office/Warehouse Building, Adding a Residential Unit and Office and Warehouse Space; Administrative Use Permit for Tandem Parking; and an Administrative Modification for the Reduction of One Parking Space Located at 9355 Culver Boulevard.
Attachments: 1. Public Hearing on the Appeal of an Administrative - PH-2__10-04-05__CDD__9355 Culver Blvd Appeal - FINAL.docx, 2. Public Hearing on the Appeal of an Administrative - 10 4 05_9355 Culver Blvd Attachments.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends the City Council consider the appeal of the Director’s approval of the Administrative Site Plan Review, Administrative Use Permit, and Administrative Modification for the project located at 9355 Culver Boulevard and either: A. (Staff Recommendation) Deny the appeal, uphold the Director’s decision and approve of the Administrative Site Plan Review, Administrative Use Permit, and Administrative Modification; OR, B. Grant the appeal, in part, and modify the Director’s approval of the Administrative Site Plan Review, Administrative Use Permit, and Administrative Modification by imposing additional conditions; OR C. Grant the Appeal in its entirety, overturn the Director’s decision and deny the approval of the Administrative Site Plan Review, Administrative Use Permit, and Administrative Modification. PROCEDURE: 1. Mayor calls on staff for a brief staff report and the City Council poses questions to staff as desired. 2. Mayor seeks motion to open the public hearing, providing the applicant the first opportunity to speak, followed by the general public. Meeting Date: 4/5/2010 Item Number: PH-2 CITY COUNCIL AGENDA ITEM: Public Hearing On The Appeal Of An Administrative Site Plan Review For A Two-Story Addition To An Existing Office/Warehouse Building, Adding A Residential Unit And Office And Warehouse Space; Administrative Use Permit For Tandem Parking; And An Administrative Modification For The Reduction Of One Parking Space Located At 9355 Culver Boulevard. Contact Person/Dept.: Thomas Gorham, Christina Rios/CDD Phone Number: (310) 253-5727 (310) 253-5756 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 (3/15/10); Master Notification List (3/15/10); Julie Lugo Cerra, City Historian(3/15/10); Applicant and property owner (3/15/10). Department Approval: Sol Blumenfeld (04/01/10) City Attorney Approval: Carol Schwab (by H. Baker)(04 /01/10) Fiscal Impact Review: Martin R. Cole (04/01/10) City Manager Approval: Mark Scott (04/01/10) City of Culver City, California Agenda Item Report 3. Mayor seeks a motion to close the public hearing after all testimony has been presented. 4. The City Council discusses the matter and arrives at its decision. BACKGROUND: On January 19, 2010, an Administrative Site Plan Review (ASPR), Administrative Use Permit (AUP), and Administrative Modification (AM) were approved for a 5,824 square foot commercial building addition after determining that the proposed project is compatible with the commercial buildings in the area and that it is consistent with the purpose and standards of the Commercial Downtown (CD) Zone, with slight modifications permitted under the administrative authority established in Title 17, Zoning, of the Culver City Municipal Code (“CCMC”). Attachment No. 1 contains the decision letter, findings and conditions of approval. During the comment period, staff received a written comment from an adjacent business owner expressing concern over insufficient parking and the project size (Attachment 2). On February 1, 2010, the City Council voted to initiate an appeal of the Director’s decision to approve the project, based upon concerns related to project parking, building height and vehicle egress. Summary of Minor Modifications and Approvals Requested: § Reduction of 1 parking space. § 4 tandem parking spaces accessed from abutting alleys. § Approval of 5,824 sq. ft. building addition. Project Site: The subject site is located on the north side of Culver Boulevard between Main Street and Canfield Avenue and consists of two parcels totaling 7,423 square feet. One parcel is flag shaped and wraps around an existing commercial building on the north and west sides of the property. It is located in the CD Zone and totals 5,992 square feet in area. This parcel is currently developed with the 4,453 square foot Citizen Building, a historic landmark, constructed in 1929 fronting on Culver Boulevard and extending back along the flag lot (see Attachments for illustration). The “flag” portion of the lot is developed with a single-story 2,097 square foot office/warehouse building constructed around 1940 and was significantly altered both on the interior and exterior in the 1990s. The second parcel abuts to the north and is 1,431 sq. ft. and zoned Commercial and located in the City of Los Angeles. City of Culver City, California Agenda Item Report Immediately to the east and west of the project site are two alleys. Retail and restaurants are the predominant land uses in the area. To the north of the project, there is a parking lot in the City of Los Angeles and the Canfield parking lot which is owned by the Culver City Redevelopment Agency. The proposed project would provide a 2,868 sq. ft. second story (1,559 sq. ft. office space with the remainder used for storage, stairways and corridors) and a 2,840 sq. ft. third story to the existing office/warehouse building for a total addition of 5,824 square feet. The third floor will contain a 3 bedroom residential unit to be occupied by the owner of the business occupying the warehouse, office and art gallery space. The project is consistent with bringing jobs and housing together as a mixed use development promoting air quality and mobility goals. Project Design: The contemporary building addition will be designed so that the second and third floor addition cantilevers over the vacant parcel in the City of Los Angeles where 6 tandem parking spaces for the project will be located. The City of Los Angeles Departments of Building and Planning have relinquished entitlements and building permit authority to the City of Culver City for this project. Historic Building Designation: In 1987, the Citizen Building was listed in the National Register of Historic Places (“National Register”). In 1991, it was given the designation of “Landmark” by the City Council and listed in Culver City’s register of historical resources. The existing ca. 1940 office/warehouse (“annex”) building is given secondary reference in the National Register of Historic Places nomination documentation; it is not included in the description of the Citizen Building in the 1987 Thirtieth Street Architects field survey or the 1990 Historic Preservation Advisory Committee Report prepared in conjunction with the establishment Culver City’s Historic Preservation Program and listing of properties in Culver City’s register of historical resources. Compliance with the U.S. Secretary of the Interior’s Standards for Rehabilitation – which include guidelines for additions and construction that is adjacent to historically designed structures (Standards No. 9 and 10) -- is required both per Culver City’s Municipal Code (“CCMC”) Section 15.05 et seq. and for properties listed on the National Register. Cultural Affairs staff and the City’s on-call preservation consultant, reviewed the proposed project with the following findings: The overall historic character of the 1929 Citizen Building will be preserved and the addition to the ca. 1940 annex will not directly compromise or compete with City of Culver City, California Agenda Item Report one of the character-defining features of the older structure which include the Beaux Arts and Art Deco style façade facing Culver Boulevard. Although included in the 1987 National Register nomination, the annex has compromised integrity due to subsequent alterations; the exterior of the 1929 brick structure remains virtually unaltered since 1987. The proposed addition to the annex should have no impact on the property’s ability to convey its architectural significance or its historic association with newspaper publisher Eugene Donovan, two criteria for which the property is listed on the National Register. The 75 foot setback and the somewhat atypical site lines provide relatively few locations from which one simultaneously views the façade of the 1929 Citizen Building and that of the annex addition. Parking: Required Parking: Office Use: 5 spaces (1 space per 294 sq. ft.) 1,559 sq. ft. office / 294 = 5.30 or 5 spaces. Residential Unit: 2 spaces (3 bedroom unit) Total 7 Proposed Parking: 6 on-site spaces (4 of which are in tandem); 1 off-site space accessible to the disabled (“disabled space”). The project consists of an addition to an existing building and only the addition is required to be parked pursuant to CCMC Sections 17.610.020.B1 and 17.610.020.B.3.b.iii (Nonconforming Parking). The proposed addition requires a total of seven on-site parking spaces: Five spaces for the new office area on the second floor and two spaces for the third floor residential unit. The applicant has requested a ten percent reduction of parking (1 space) pursuant to CCMC Section 17.550.010 A. One disabled space is required for the project. The disabled space may be counted toward the total number of required spaces (pursuant to CCMC Section 17.320.030.A); however, since the disabled space cannot be located on site (it is proposed to be located within 50 feet of the project on the abutting Agency owned Canfield parking lot), it was not counted toward the number of required parking spaces. The space is accessed along the west side of the building from an alley, which was approved by the Building Official as consistent with the requirements of the Building Code and Title 24 of the California Administrative Code. The City Council may wish to provide a covenant allowing the exclusive use of the handicap space to the applicant in order to guarantee the space City of Culver City, California Agenda Item Report remains tied to the project. The covenanted space would then qualify as off-site parking to satisfy the project’s parking requirement pursuant to CCMC Section 17.320.025.D4. DISCUSSION: At the February 1, 2010 City Council meeting, members of the City Council expressed concern regarding the Administrative Modification approval, the proposed building height and its compatibility with the surrounding area, tandem parking and vehicles backing into the street. Below is a summary of and response to these comments. 1. The project site provides insufficient parking and the project requests reduced parking in excess of 10 percent which exceeds the maximum adjustment for an Administrative Modification therefore the filing of an application for a Variance is required. Currently there is no on-site parking for the existing building and it is considered legal nonconforming regarding the parking requirements. The occupants of the building currently lease spaces off-site. Pursuant to Zoning Code Section 17.610.020B.3. (Nonconforming Due to Parking – Nonresidential structures and uses), structures with parking space deficiencies shall be allowed to expand and the number of additional parking spaces required shall equal the number of spaces directly required by the expansion area only. As noted above, the proposed project will require a total of seven parking spaces. The existing ground floor area does not require any additional parking as it is considered legal nonconforming as described above. CCMC Section 17.550.010.A allows minor modifications to the parking requirement (up to 10%) when the Director can make the applicable findings to approve an Administrative Modification. The applicant proposes a 10% reduction or a reduction of one parking space using the following calculation: Total Parking Required = 7 spaces X .10% (Administrative Modification Allowance) = .7 7 (spaces required) – .7 (10% allowance) = 6.3 spaces required CCMC Section 17.320.020.B states that “fractional spaces equal to or greater than one half shall be rounded up to the nearest whole number.” With the 10% parking reduction the required parking for the project is 6.3 spaces. Since the fractional spaces are not equal to or greater than .5, the difference of 6.3 spaces City of Culver City, California Agenda Item Report is rounded down to 6 required spaces. Therefore, the proposal does not exceed the maximum adjustment of ten percent 10% and a one parking space reduction from the required seven parking spaces may be permitted through an Administrative Modification. Subsequent to City Council discussion of initiation of an appeal and prior to the preparation of this report, staff received a question as to whether it is permissible to use the rounding provision twice for the project (i.e. once when calculating the required number of parking spaces for the project and a second time when calculating the allowable reduction in parking under the Administrative Modification). For the proposed project (1,559 sq. ft. office / 294 = 5.30), the fractional number resulting from the office space parking calculation was rounded down to five spaces, and the two residential-required spaces were added, yielding a total of seven required parking spaces for the project. As discussed previously, in calculating the permitted reduction of parking spaces through an Administrative Modification (7 spaces x .10 = .7 and 7 - .7 = 6.3), the fractional number was rounded down to 6 spaces. Acknowledging that parking spaces only exist in whole numbers and it is impossible to have a “fraction” of a parking space, CCMC 17.320.020.B. requires that this function of “rounding” be incorporated into all project parking calculations and does not exclude its application from the parking calculation for determining whether an Administrative Modification is justified. Further, the mandatory language of this Section (“…fractional spaces equal to or greater than one half shall be rounded up to the nearest whole number.” – emphasis added), does not allow for staff to selectively “round” for specific types of parking calculations, unless a different type of calculation is specifically required in the CCMC. Another question that has been raised is whether the required parking should be calculated as: 1 space reduction 7 required spaces = .14 or 14%. (which is greater than 10%). Although mathematically correct this is not an appropriate calculation in the context of the applicable CCMC provisions. Furthermore, the intent of the administrative provisions is to allow minor variations. Using this calculation it would not be possible to grant an Administrative Modification unless the project contains a minimum of 10 spaces (10 spaces x .10 = 1). The CCMC does not provide that a minimum of 10 spaces are required for an Administrative Modification nor does it provide that less than 10 spaces are prohibited from an Administrative Modification. The one parking space reduction proposed with the current project is consistent with the types of minor adjustments or minor approvals that are contemplated by Chapter 17.550 (Table 5.2), and City of Culver City, California Agenda Item Report inconsistent with an interpretation of the CCMC based on a restrictive method of calculation that effectively precludes such small modifications. The City Attorney’s office has reviewed the applicable provisions of the CCMC and has determined that the parking standards for this project as discussed in this report have been legally applied. 2. The project does not 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. Due to the current building coverage and lot configuration, the project site cannot accommodate more than six on-site parking spaces. The historic designation of the property also limits the ability to provide additional parking since only limited building modifications that are consistent with the City’s Historic Preservation Ordinance are permitted for the Citizen building. When the proposed project was first presented to the City it was determined that 10 parking spaces would be required based on the proposed square footage. Only three parking spaces were proposed on-site at that time. The applicant petitioned the Redevelopment Agency to use seven parking spaces from the City’s pooled parking supply. However, the Agency was not able to accommodate the applicant’s request. Subsequently, the applicant reduced the project size and revised the project to include three (3) additional on-site parking spaces in tandem configuration for a total of six (6) on-site spaces. 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. A modification only permits minor deviations from the regulations applicable to certain standards such as lot size 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 owners in the same vicinity and zone and is basically consistent with the established regulations. In this case, the site is largely occupied by a historic building which limits the utility and development of the site (particularly for parking) because the historic structure may only be slightly modified and this condition is inconsistent with the surrounding properties. Thus a minor modification related to parking is justified. Lot shape and size also justify the proposed Administrative Modification given City of Culver City, California Agenda Item Report the Flag Lot configuration of the property. These special circumstances support the slight relief of one parking space from strict parking requirements set forth in the CCMC. 3. The proposed addition is not compatible with the surrounding area. The proposed project does not exceed the height limit in the CD zone and will not detract from a primary character-defining feature of the 1929 Citizen Building which is the street facing façade. The height limit in the CD zone is 44 feet and the building measures 44 feet to the top of the roof. In addition the elevator and stairway penthouses extend thirteen feet four inches (13’4”) above the roofline, which is within the allowable 13’-6” for rooftop mechanical equipment and structures (elevators and stairways) as provide in the CCMC. The proposed colored concrete wall (37’ high) viewed at the south elevation, will be setback approximately 75’ from Culver Boulevard and will match the gray cast stone of the Citizen building façade. This setback will also help diminish the overall impact of the additional height and bulk of the appearance of the historic building. For several years, the City has embarked on a strategy to encourage retail uses in the downtown, limiting the type of ground level uses to retail and promoting retail development with relief from on-site parking requirements. The pooled parking program in the downtown is an example of that policy. The proposed project is consistent with the intent of this past policy in that the ground level will remain a gallery space and the proposed administrative relief helps facilitate the continuation and expansion of retail in the Citizen building. 4. The use of tandem parking. The project parking is configured so that there are two (2) pairs of tandem parking spaces for the office area and two (2) independently accessible parking spaces for the living unit. Thus the project provides two sets of tandem spaces and two direct access spaces. 5. Vehicles backing into the street. The vehicles parked at the project site will back into the alley, not the street, which is allowed in Section 17.320.035 (Parking Design and Layout Guidelines). Access to the project parking will be off of the alley ways along the west and east sides of the site that connect to Culver and Venice Boulevards. This condition requiring backing up into an alley applies to virtually every commercial property in the City. City of Culver City, California Agenda Item Report CONCLUSION: The project’s design is compatible with the commercial buildings in the area and with the purpose and standards of the CD zone. The project meets all setback requirements, does not exceed the CD height limit, conforms to the requirements to allow an Administrative Modification for parking set forth in CCMC Chapter 17.550 (Variances and Administrative Modifications), and meets the standards for tandem parking set forth in Chapter 17.320 (Off-Street Parking and Loading), as outlined in the January 19, 2010 Administrative Decision letter. FISCAL IMPACT: This is a private venture project with no City or Agency funds reserved for the project. If appeal is denied and the Director’s approval is upheld, then the City would gain commercial taxes once the project is operational. The use may generate additional city costs in the event that there are emergency services call outs to the site. The City Council may wish to consider a covenant for the proposed handicap space resulting in a nominal lease payment to the Agency. ATTACHMENTS: 1. January 19, 2010 Decision Letter 2. Written Public Comment 3. Development Plans dated May 26, 2009 4. Proposed Resolution Denying the Appeal 5. Proposed Resolution Granting the Appeal 6. Flag Lot illustration MOTION: That the Council either: A. (Staff Recommendation) Adopt a Resolution denying the appeal, upholding the Director’s decision and approving the Administrative Site Plan Review for the two-story addition, Administrative Use Permit for tandem parking, and Administrative Modification for the reduction of one (1) parking space. OR City of Culver City, California Agenda Item Report B. Adopt a Resolution granting the appeal, in its entirety, overturning the Director’s decision and denying the approval of Administrative Site Plan Review for the two-story addition, Administrative Use Permit for tandem parking and Administrative Modification for the reduction of one (1) parking space. OR C. Adopt a Resolution granting the appeal, in part, and modifying the Director’s approval of the Administrative Site Plan Review for the two-story addition, Administrative Use Permit for tandem parking and Administrative Modification, by imposing additional conditions. MEETING DATE: 04.05.2010 AGENDA ITEM: PUBLIC HEARING ON THE APPEAL OF AN ADMINISTRATIVE SITE PLAN REVIEW (ASPR) TO ALLOW A TWO (2) STORY ADDITION TO INCLUDE OFFICE SPACE ON THE SECOND FLOOR AND ONE (1) RESIDENTIAL UNIT ON THE THIRD FLOOR TO AN EXISTING OFFICE/WAREHOUSE BUILDING, AN ADMINISTRATIVE USE PERMIT (AUP) FOR TANDEM PARKING, AND AN ADMINISTRATIVE MODIFICATION (AM) TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES BY ONE (1) SPACE LOCATED AT 9355 CULVER BOULEVARD. ATTACHMENTS PAGES 1. January 19, 2010 Decision Letter 1-20 2. Written Public Comment 21 3. Development Plans dated May 26, 2009 22-36 4. Draft Resolution No. 2010-R Denial of Appeal 37-43 5. Draft Resolution No. 2010-R Granting Appeal 44-46 6. Examples of Lot Types 47FAX (310) 253-5721 . PLANNING DIVISION THOMAS GORHAM Deputy Community Development Director/ Planning Manager 9770 CU LVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 January 19, 2010 Don Dimster (Applicant) 1510 Electric Avenue Venice, CA 90291 Josetta Sbeglia (Property Owner) 9355 Culver Boulevard #B Culver City, CA 90292 NOTICE OF DECISION: ADMINISTRATIVE SITE PLAN .REVIEW, ASPR P-2009072, ADMINISTRATIVE USE PERMIT, AUP • P-2009073, and ADMINISTRATIVE MODIFICATION, AM P-2009071 9355 Culver Boulevard in the Commercial Downtown (CD) Zone Dear Mr. Dimster and Ms. Sbeglia: This letter is to inform you that we have approved an Administrative Site Plan Review (ASPR) to allow a two (2) story addition to include office space on the second floor and one (1) residential unit on the third floor to an existing office/warehouse building, an Administrative Use Permit (ALJP) for tandem parking, and an Administrative Modification (AM) to reduce the number of required parking spaces by one (1) space subject to conditions of approval contained herein. Backgro Li rid Site Description The subject site is located on the north side of Culver Boulevard between Main Street and .Canfield Avenue and consists of two (2) parcels totaling 7,423 square feet in area. One parcel is flag shaped and wraps around an existing commercial building on the north and west sides of the property and totals 5,992 square feet in area. This parcel is currently developed with the historically designated 4,453 square foot Citizens Building fronting on Culver Boulevard and extending back along the "pole" portion of the flag lot. The "flag" portion of the lot is developed with a single-story 2,097 square foot office/ warehouse building that is attached to but not part of the original Citizens building. This parcel is zoned Commercial Downtown (CD). The second parcel abuts to the north and Culver City Employees take pride in effectively providing the highest levels of service to enrich the qualify of life for the community by building on our tradition of more than seventy-five years of public service, by our present commitment, and by our dedication to meet the challenges of the futukaJanuary 19, 2010 Administrative Site Plan Review, A - 1-,R P-2009072 Administrative Use Permit, AUP P-2009073 Administrative ModiEcation, AM P-2009071 9355 Culver Boulevard Page 2 of 20 ATTACHMENT 1 totals 1,431 square feet in area. This parcel is undeveloped and is within the City of Los Angeles. Immediately to the east and west of the project site are ten (10) to eleven (11) foot wide alleys and beyond that are restaurants and retail commercial buildings. There is a parking lot to the north in the City of Los Angeles and the City of Culver City owned Canfield parking lot to the northeast. Proiect Description The proposal is to allow the addition of a 2,868 square foot second' story and a 2,840 square foot third story to the office/warehouse building for a total gross floor area addition of 5,824 square feet. 1,559 square feet of the second floor would be used for office space with the remaining space used for storage, stairways, and corridors. The third floor will contain a 3 bedroom residential unit). The second and third floor addition will cantilever over the vacant parcel in the City of Los Angeles where 6 tandem parking spaces for the project will be located. The City of. Los Angeles Departments of Building and Planning have relinquished entitlements and building permit authority to the City of Culver City for this project. Parking/Access When the proposed project was first presented to the City it- was determined that 10 parking spaces would be required based on the proposed square footage. Only three (3) parking spaces were proposed on-site at that time. The applicant petitioned the Redevelopment Agency to use seven (7) parking spaces from the City's pooled parking supply. However, the Agency was not able to accommodate the applicant's request. Subsequently, the applicant revised the project to include three (3) additional on-site parking spaces in tandem configuration for a total of six (6) on-site spaces. The amount of office square footage was reduced so that the total number of parking spaces required for the project is seven (7). Currently there is no on-site parking for the existing building and it is considered legal nonconforming regarding parking. The occupants of the building currently lease spaces off-site. Pursuant to Zoning Code Section 17.610.020B.3. — "Nonconforming Due to Parking", structures with parking space deficiencies shall be allowed to expand and the number of additional parking spaces required shall equal the number of spaces directly required by the expansion area only. As noted above, the proposed project will require a total of seven (7) parking spaces: five (5) spaces for the new office area on the second floor and two (2) spaces for the third floor residential unit. The existing ground floor area does not require any additional parking as it is considered legal nonconforming as described above. Six (6) of the required seven (7) parking spaces will be provided in tandem style on-site underneath the cantilevered portion of the building and require approval of an|1010|PRINTED ON RECYCLED PAPERJanuary 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, ALIP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 3 of 20 ATTACHMENT 1 administrative use 'permit. A handicapped parking space wl11 be provided off-site at the abutting Canfield parking lot and is within fifty feet (50') of the buildings rear;entrance. Building Safety Division has approved this location to satisfy the projects handicapped parking requirement Although this space will be available for use by the proposed project it is not for the projects exclusive use and therefore does not count towards the seven (7) required parking spaces. Therefore, the applicant is requesting a modification to reduce the projects parking by one (1) space. Section 17.550.010, (Table 5-2) of the Zoning Code provides the Director limited authority to modify certain development standards through an Administrative Modification. An Administrative Modification would allow a slight reduction to the projects parking requirement by one (1) space from seven (7) to six (6) spaces. The request to decrease the minimum number of parking spaces by 1 space is consistent with these zoning provisions. Access to the project parking will be off of the alley ways along the west and east side of the site that connect to Culver and Venice Boulevards. • Height The height limit in the CD zone for this property is 44 feet. The building measures 44 • feet to the top of the roof. In addition the elevator and stairway penthouses extend thirteen feet four inches (13'4") above the marline, which is within the code allowed 13'- 6" for rooftop mechanical equipment and Structures (elevators and stairways). Architecture The proposed project will have a modern architectural style, with dark colored concrete and channel glass façade that will provide contrasting views with the red brick of the Citizens building. The building will have a projecting terrace at the second floor on the west elevation, and two terraces one on the east and one on the west side of the third floor residential unit. In addition, the project will include a roof top deck with a glass guard rail recessed back from the edge of the building. Solar panels will be installed on the roof terrace in compliance with the City's photovoltaic ordinance. As the proposed project abuts the historically designated . 4,453 square foot Citizens Building fronting on Culver Boulevard, the project must be reviewed for compliance with the City's Historic Preservation Ordinance. The City's Cultural Affairs Historic Preservation and Public Arts Coordinator administers the City's Historic Preservation Program and has made a preliminary determination that the proposed project would require a Minor Certificate of Appropriateness determining that the project meets all applicable historic design guidelines and that the project will not diminish or adversely affect the historic character of the Citizens Building. Public Notification/Comments On August 25, 2009, notification of the filing of this application and an invitation to submit comments were sent to property owners and occupants within a radius of five hundred feet (500') of the exterior boundaries of the site. On September 15, 2009, a PRIE,FTFD ON RECYCLED PAPER 3January 19, 2010 Administrative Site Plan Review, ASPR. P-2009072 Administrative Use Permit, AUP P-2009073 ATTACHMENT 1 Administrative Modiiic:alion, AM P-2009071 9355 Culver Boulevard Page 4 of 20 revised notification including a more detailed project description was sent to property owners and occupants within a radius of five hundred feel (500') of the exterior boundaries of the site. One written comment was received questioning the parking and the size of the proposed project. The applicant and property owner also met with and presented the proposed project to adjacent property owners and the Downtown Business Association (DBA). Findings The following necessary findings for this application have been made pursuant to CCMC Section 17.540 and 17.550: • ASPR — Administrative Site Plan Review 1. The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, .building setbacks and heights, and other improvements on the site, is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. The proposed project, with zero street and alley fronting setbacks, pedestrian access at the ground level, and the proposed perking at the rear of the building is designed to harmonize -with the existing development in downtown_ The building at 44 feet in height is within the allowable height limit for the CD zone. The on-site parking will satisfy the parking requirements for the new building square footage and the site layout and design will provide safe and convenient pedestrian and vehicular pattern_ The proposed project will meet all applicable development standards required by the Zoning Code. The applicant is requesting an Administrative Use Permit for tandem parking spaces and an Administrative Modification to reduce the projects required parking by one (1) space from seven (7) to six (6) spaces as permitted by the code. The architectural design of the structures and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. The proposed addition is at the rear of the subject property behind an existing one story commercial building where the addition will ensure that the historic façade of the Citizens Building remains exposed. The project is three (3) stories and forty four (44) feet high plus two (2) roof mounted structures to house two (2) stairways and an elevator extending 13'-4" above the roof as permitted by the Zoning Code. A portion of the building will cantilever over the abutting vacant PRINTED ON RECYCLED PAPER 4- January 19, 2010 Administrative Site Plan Revak ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 5 of 20 ATTACHMENT 1 lot to the north where six (6) of the required parking spaces will be provided in tandem style. The project will have a modem architectural style, with dark colored concrete and channel glass façade that will provide contrasting views with the red brick of the Citizens building. A projecting terrace is being proposed at the second floor on the west elevation, a total of two (2) third floor terraces on the east and . west elevation, and a roof top deck with a glass guard rail recessed back from the edge of the building. The dark colored concrete wall (37' feet high) on the south elevation is setback at minimum 75 feet from Culver Boulevard. The project will be conditioned to provide architectural relief or art on this wall. The concrete wall along the north property line includes a recessed opening on the second and third floors. Overall, the design of the structure is compatible with the commercial buildings in the area and with the purpose and standards of the CD zone. Thus, the new development . does not have an adverse effect on the aesthetic and architectural qualities of adjoining properties. The Cultural Affairs staff in the Community Development Department has determined that the proposed addition is consistent with the historic integrity of the existing building and have approved the design concept 3. The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. The project cannot accommodate landscaping due to the current building coverage. A portion of the proposed addition cantilevers over the on-site parking at the rear on a relatively small lot and space for landscaping does not exist. However, existing streetscape improvements including trees and hardscape paving enhance the project. 4. The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare. The proposed addition is designed and laid out to respect adjacent properties and the building footprint does not encroach into neighboring lots or alleys. The project is designed to provide on-site parking resulting in adequate vehicular circulation patterns and maneuvering and does not create vehicular or pedestrian hazards. The project also meets the setbacks and height requirements of the CD zone. The design and layout will not hinder or interfere with surrounding and future developments and is in the best interest of the public health, safety and general welfare. PRINTED ON RECYCLED PAPER 5January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 6 of 20 ATTACHMENT I 5. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site. The existing and proposed public service facilities necessary to accommodate the project. such as the adjoining streets and alleys, traffic control devices, sewers, storm drains, proposed parkways, proposed sidewalks, street lights, proposed street trees, fire protection devices, and public utilities are provided for adequately as confirmed by the City agencies that reviewed the project during the interdepartmental review process. There are adequate existing public facilities necessary to service the project. 6. The proposed project is consistent with the General Plan and any applicable specific plan. The project is consistent with the General Plan Downtown designation in that it is a 'medium scale project that is three (3) stories high with parking at the rear. It encourages a pedestrian friendly environment and offers a specialty retail use to downtown and adjacent neighborhoods. The proposed development will offer an art gallery, office use, and a residential unit that is substantially surrounded by urbanized and commercially developed uses along Culver Boulevard_ The new design with dark colored concrete, channel glass facade, a second floor balcony, two (2) third floor terraces and a roof top deck will improve the visual quality and pedestrian environment AUP- Administrative Use Permit (Tandem Parking) 7. The proposed use is allowed within the subject zoning .district with the approval of an Administrative Use Permit and complies with all other applicable provisions of this title and CCMC. The proposed tandem parking is allowed within the CD zoning district with the approval of an Administrative Use Permit as stated in Section 17_320.035.C.b Tandem Parking Spaces. Furthermore, the proposed tandem parking is arranged to be no more than three (3) spaces in depth, the parking layout complies will all other applicable provisions regarding parking design and layout guidelines. The proposed use as conditioned will comply with all other applicable provisions of Title-17 Culver City Zoning Code and the Municipal Code_ 8_ The proposed use is consistent with the General Plan and any applicable Specific Plan. The proposed tandem parking is consistent with the General Plan Downtown designation because it provides parking spaces (at the rear of the building) to support the proposed project in downtown_ The required handicapped parking space will be located off-site within fifty feet (50') of the buildings rear entrance consistent with Building Code requirements. The proposed project is PRINTED ON RECYCLED PAPER 6January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, ALP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 7 of 20 ATTACHMENT 1 substantially surrounded by urbanized and commercially developed uses along Culver Boulevard. There is no Specific Plan for this area. 9. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity of the subject site. The proposed use, design, location, size and operating characteristics of the tandem parking spaces will not have an impact on adjacent uses and are therefore found to be compatible with the existing and future land uses in the vicinity of the subject site. The proposed use - tandem parking is to provide six (6) parking spaces on-site for the proposed project that is compatible with the existing and future land uses in the vicinity of the subject site. The parking spaces will be properly striped and are to be located behind the building with access off the alley. Further, each tandem pair will have adequate space for maneuvering into and out of said spaces. The required handicapped parking space will be located off-site within fifty feet (50') of the buildings rear entrance consistent with Building Code requirements. 10. The subject site is physically suitable br the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints. The site is physically.suitable for the proposed six (6) tandem parking spaces. The proposed parking spaces will be provided at the rear of the building which can be accessed through the public alley. Existing arid proposed public service facilities necessary to accommodate the project such as the adjoining streets and alleys, traffic control devices, sewers, storm drains, parkways, sidewalks, street lights, street trees, fire protection devices, and public utilities are provided for adequately as confirmed by the City agencies that reviewed the project during the interdepartmental review process. 'There are adequate existing public facilities necessary to service the project. 11_ The establishment, maintenance or operation of the proposed use will not be detrimental to the public interest, health safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed tandem parking will allow for six (6) parking spaces on-site for the proposed project. The required handicapped parking space will be located off-site within fifty- feet (50') of the buildings rear entrance consistent with Building Code requirements. The conditions of approval will ensure that the operation will not be detrimental to the public interest, health, safety, or general welfare or injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. PRINTED ON RECYCLED PAPER 7January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 5 of 20 ATTACHMENT 1 AM- Administrative Modification (1 Parking Space Reduction) 12. The strict application of the applicable development standard creates an unnecessary, involuntarily created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. There is currently no on-site parking for the existing building and it is therefore considered legal nonconforming due to parking. Six (6) of the required seven (7) parking spaces for the new addition will be provided on the vacant abutting lot north of the site under the cantilevered portion of the building. The AM request is to reduce one (1) parking space on-site which does not exceed the maximum adjustment of ten percent (10%) as stated in Section 17.550 Variances and Modifications. The required handicapped parking space will be located off-site within fifty feet (50') of the buildings rear entrance consistent with Building Code requirements. The proposed parking meets the standards in Section 17.550 Variances and Modifications and Section 17.320.025 D. Off-Site Parking. 13. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental to the public health, interest, safety, or general welfare and Would not be detrimental or injurious to property or improvements in the vicinity and in the same "zoning district. Approval of the Administrative Modification will not be detrimental to the general welfare or injurious to property in the vicinity. The required parking will be located on-site with the exception of the handicapped parking space which will be located off-site within fifty feet (50') of the buildings rear entrance consistent with Building Code requirements and will not have a direct impact on the neighboring properties because the space will be located on a public lot. Furthermore, approval of the proposed modification will not prevent development or lirnit the use of neighboring properties. 14. The project is consistent with the General plan and complies with all other applicable provisions of this Title. The project is consistent with the General Plan and Zoning Designation, which encourages a pedestrian friendly environment and offers a specialty retail use to downtown and adjacent neighborhoods. It is also consistent with all the regulations of the CD zone. CEQA Pursuant to the California Environmental Quality Act (CEQA) guidelines, initial review of the project by staff established that there are no potentially significant adverse impacts on the environment and the project has been determined to be Categorically Exempt pursuant to Section 15332 of CEQA, because the proposed project is an in-fill development. The project is consistent with the Downtown PRINTED ON REGYCLED PAPER 8• January 19, 2010 Administrative Site Pfan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 9 of 20 ATTACHMENT 1 General Plan designation and applicable General Plan policies as well as with the Commercial Downtown (CD) zoning and regulations. Furthermore, the project site is substantially surrounded by urbanized and commercially developed uses and so it has minimal potential as a habitat for endangered, rare or threatened species. The project occurs within Culver City limits with the exception of the 1,431 square foot vacant lot which in the jurisdiction of the City of Los Angeles. The City of Los Angeles' Departments of Building arid Planning have relinquished entitlements and building permit authority to the City of Culver City for this project_ Also, the approval of the project would not resultin any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and pu blic services. Conditions of Approval Based upon the above findings and pursuant to CCMC Chapter 17.540, 17.530, and 17.550 requirements, Administrative Site Plan Review, ASPR P-2008124, - Administrative Use Permit P-2008125, and Administrative Modification P-2008123 are hereby approved subject to the following conditions: General Conditions/Planning Division: 1. The building permit drawings shall conform to the development plans, colored renderings, and materials sample board date stamped May 26, 2009, except as noted below. 2. The notice of decision approving Administrative Site Plan Review ASPR P- 2008124, Administrative Use Permit P-2008125, and Administrative Modification P-2008123 and the. conditions of approval shall be referenced the cover sheet, and repeated in full on attached additional sheets of the building permit drawings. 3. The applicant or the property owner shall provide the construction contractor(s) and each subcontractor related to the project a copy of the final project conditions of approval. These conditions shall be enforceable through all legal and equitable remedies, including the imposition of fines against each and every person who conducts any activity on behalf of the property owner or the applicant on or near the project site. The applicant, property owner, and general construction contractor are ultimately responsible for all actions or omissions of a subcontractor. PRVITED ON RECYCLED PAPER 9January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 10 of 20 ATTACHMENT 1 4. Conditions of approval herein shall apply to the applicant, the contractor/builder of the project, the property owner, and any successor property owner that may legally assume benefit of this Administrative Site Plan Review, ASPR P- 2009072, Administrative Use Permit, AUP P-2009073, and Administrative Modification, AM P-2009071. 5. The City reserves the right to periodically inspect the premises without prior notification, to ensure ongoing compliance with all conditions of approval. 6. Administrative Site Plan Review ASPR P-2008124, Administrative Use Permit P-2008125, and Administrative Modification P-2008123 shall expire unless: A. Actual construction, in accordance with a valid City issued building permit, is commenced on the site within one (1) year after the effective date of the entitlements; or B. Prior to the entitlements' expiration date, or any previously granted extension to that expiration date, a written request for an extension, accompanied by any and all required fees, has been satisfactorily tiled by or on behalf of the applicant/property owner and, thereafter, an extension is granted by the Deputy Community Development Director/Planning Manager or designee. 7. A Certificate of Occupancy for the approved project will be issued, and/or final inspections shall be scheduled, only upon completion of all applicable conditions of approval and required site improvements_ 8. All signs shall be designed and installed pursuant to CCMC Title 17- Chapter 17.330 Signs for review arid approval prior to the installation of any sign. . The applicant, property owner and contractors shall use all reasonable efforts to reuse and recycle construction and demolition debris, to use environmentally friendly materials, and to provide energy efficient buildings, equipment and systems. 10. In addition to the screening requirements for ensile parking areas including loading areas, refuse storage / trash compacter facilities, and Fire Department connections, the following items shall be screened from surrounding and nearby public and private properties in a manner consistent with City standards and suitable to the subject development as approved by the Deputy Community Development Director/Planning Manager. In general, the height of any required screening device shall be no lower on any side than the height of the highest feature requiring screening and: 10 PRINTED ON RECYCLED PAPER- January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permlt, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 11 of 20 ATTACHMENT 1 A. All exteriors of the proposed buildings shall be free of all un-aesthetically treated, exposed elements (i.e., plumbing pipes, electrical conduits, and National Pollution Discharge Elimination System (NPDES) elements) which shall be placed within the exterior walls. Where exposed wall- mounted features or equipment may be necessary (i.e., ventilators and utility meters),. recessed wall mounted cabinets or other similar devices shall be constructed within the wall, whenever possible, to accommodate such features and equipment so that they are flush with and do not project out from the main exterior wall plane. With or without recesses, the exposed portions of such features or equipment shall be of a color to blend, not contrast, with the adjoining finished building color, subject to the approval of the Planning Manager; B. All roof-mounted mechanical equipment, duct vents and the like shall not project above the horizontal plane of the building's lowest primary opaque architectural feature(s) (i.e., parapet walls, penthouse structures or screening walls); and C. All ground-mounted equipment (i.e., transformers and air conditioners) shall be located within the building or in underground vaults if the equipment is located within a street facing setback, or it shall be screened with walls and/or landscaping if not located within a street facing setback. Ground-mounted equipment shall not be located in the landscaped areas fronting any public right-of-way. It The refuse containers assigned to or otherwise used by the building shall be stored onsite in the trash enclosure. 12. All hardscape areas along both the exterior of the building and/or within the interior of the -project site shall include the use of decorative pavement (i.e., materials, finish and color) in select areas to the satisfaction of the Deputy Community Development Director/Planning Manager. 13_ The project and its operations shall comply with all applicable local, special district or authority, county and federal statutes, codes, standards, and regulations including, but not limited to, Building and Safety Division, Fire Department, Planning Division and Public Works Department " code requirements and it shall comply with all applicable comments and code requirements as determined during the City's building permit review process_ 14. The Deputy Community Development Director/Planning Manager may revoke the Administrative Use Permit and/or the Administrative Modification if the PRINTED ON RECYCLED PAPER 11January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use 'Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 12 of 20 ATTACHMENT 1 conditions of approval herein are not complied with Prior to such revocation, timely notice and response opportunities shall be given to the business owner_ 15. The tandem parking spaces shall be used only in conjunction with an office and retail building on the subject property and shall meet all requirements of CCMC Chapter 17.320-0ff Street Parking and Loading and all other applicable requirements of CCMC Title 17- Zoning. 16. If the tandem parking is unassigned, a parking attendant is required during the business hours of the proposed business operations to ensure adequate parking services. 17. Any change. of use on the subject property shall require the approval by the City of a modification to the Administrative Use Permit to continue the use of tandem parking 18. The Administrative Modification allows for a one (1) space reduction of the seven (7) required on-site parking spaces to. six (6). 19. A City approved Covenant and Agreement shall be signed by the property owner(s) and notarized limiting the useable office space on the second floor to no more than 1,750 square feet. Said Covenant and agreement shall be recorded with the Los Angeles County Recorder's Office. PRIOR TO THE ISSUANCE OF ANY DEMOLITION, GRADING, EXCAVATION, AND/OR BUILDING PERMIT: Planning Division 20. All exterior lighting shall be developed pursuant to CCMC Title 17, Chapter 17.300, General Property Development Use and Standards. The applicant or property owner shall submit to the Deputy Community Development Director/Planning Manager for approval an exterior lighting fixture plan. The . lighting fixture plan shall identify the location and type of all exterior light fixtures. All lighting shall be directed onsite and fight sources shall be shielded so as not to be intrusive to surrounding properties. 21_The applicant and the property owner shall jointly indemnify, defend and hold harmless the City and the City's elected and appointed officials, officers, employees, agents, contractors and consultants from and against any and all claims, demands, lawsuits, judgments, liability, injury or damage which may result from or arise in connection with third party challenges to the City's 12 PR/N-IED ON RECYCLED PAPERJanuary 19, 2010 Administrative Site Plan Review, ASPR P-200907-2 Administrative Use Permit, AUPP-2009073 Administrative . Modifica tion, AM P-2009071 9355 Culver Boulevard Page 13 of 20 ATTACHMENT 1 approval of the Project. Said indemnification shall be set forth in a written instrument acceptable to the City Attorney, which shall be signed by the applicant and the property owner prior to a building permit being issued. 22. A Covenant and Agreement shall be signed and notarized certifying the property owner(s) agrees to hold lot numbers 1 and 2 of Tract No. 5747 as one . parcel. . 23. The City's Art in Public Places requirement per CCMC Title 15, Section 15.06.100 shall be fulfilled. 24. Plans detailing the architectural relief on the south wall shall be submitted to the Planning Manager for review and approval. 25. The City's Historic Preservation Program requirement per CCMC Title Section 15.05.035 shall be fulfilled. 26. Pursuant to CCMC Title 15, a New Development impact Fee will be required. 27. The existing utility pole on the north east side of the property shall be relocated On-site to provide adequate maneuvering in and out of spaces and approved by the Planning Division Engineering Division 28. Two (2) sets of On and Off-Site Improvement/Precise Grading Plans prepared by a civil engineer registered in the State of California 'shall be submitted to the Engineering Division for review, approval, and permitting. Among other things, the Site Improvement/Grading Plan shall include detailed drainage and precise grading of the site indicated by spot elevations and indicate all proposed and existing utilities. An initial plan check fee in the amount of $750.00 will be due upon first submittal. 29. Applicant shall place all public utility services for permanent use underground from utility source to the terminations facility on private property per CCMC 5.04.065. The owner shall be responsible for all coordination for the utility installation with respective utility company and its necessary construction. 30. Applicant shall submit a Staging Plan, if any work, temporary structures, or construction trailers are proposed in the Public Right of Way, for review and approval by the City Engineer of his/her designee. PRNTED ON RECYCLED PAPER 13January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 14 of 20 ATTACHMENT 1 31. Per the Culver City Municipal Code CCMC Section 5.01.010, Ordinance No. 2201-011 Solid Waste Management, the Culver City Sanitation Division has the exclusion franchise for all solid and recyclable waste material handling within the City limits. To arrange for waste management activities, contact Sanitation representative at (310) 253-6400. 32, Due to the change of use and increased density, this project is subject to a City's Sewer Facility Charge. This charge shall be paid directly to the Engineering Division prior to the issuance of any permit. 33.Applicant will be required to provide its own trash enclosure with a minimum size, location, and configuration approved by the Public Works/Sanitation Division Manager, 310253.640 prior to Building Permit issuance. The applicant will be required to provide separate trash bins for recyclable waste and regular solid waste material. Public Works/ Stormwater Conditions Local Stormwater Pollution Prevention Plan 34. Concurrent with the submittal of the Site Improvement/Grading Plan, a Local Storm Water Pollution Prevention Plan (LSWPPP) package prepared by a registered Civil Engineer shall be submitted for review and approval by the City Engineer. (Note: The Site Improvement Plans will not be accepted for review unless the LSWPP Plan is included in the submittal package.) 35. The LSWPPP shall be developed and implemented in accordance with the requirements of the current Los Angeles County Municipal Stormwater NPDES Permit No. CAS614001 and the CCMC Section 5.05.035. Prior to the issuance of any demolition, grading, excavation and/or building permit, the applicant shall have a LSWPPP package approved by the City Engineer. 36. The LSWPPP package shall include all of the individual items listed in the Engineering Division's "Requirements for Local Storm Water Pollution Prevention Plan" handout, which may be obtained from the Engineering Counter. If the LSWPPP package fails to contain all required items, the package Will not be accepted. 37. The scope of the information shown on the site plans must be limited to NPDES-relevant information (Le, turn off utility, architectural, or other features not relevant to the NPDES requirements). Please contact City's Stormwater Consultant, at (310) 253-5600 for any questions and to obtain instructions and handouts required for a complete submittal and associated plan check fees. 14 • PRINTED ON RECYCLED PAPER• January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Aciminisbntive Modification, AM P-2009071 9355 Culver Boulevard Page 15 of 20 ATTACHMENT 1 Prior to the start of design of these plans and of necessary reports, the applicant's Civil Engineer shall meet with the City's Stormvvater Consultant to obtain information on the City-specific LSWPPP requirements. 38. Plan check fee for the LSWPPP shall be paid at the time of the initial submittal, per the most current fee schedule established in City Council. 39.Applicant shall appropriately and effectively implement the BMPs identified in the LSWPPP and reduce to the Maximum Extent Practicable (MEP) both the volume of storm water leaving the site as well as the amount of sediments and other pollutants in the storm water and the non-storrn water discharges. Building and Safety Division: 40. Applicant shall submit separate plans for building, electrical, plumbing, and mechanical permits to Building Safety. 41. All utilities shall be underground or enclosed in the building construction. No On- site overhead utilities shall be permitted. 42. Notification and upgrades of adjacent properties maybe required. If upgrades to adjacent properties are required by the Building Safety Divisions and the Engineering Division will determine what upgrades, if any, shall be the responsibility of which party. 43. The ground level restrooms require will be per the 07' California Plumbing Coda 44. All shafts shall be minimum 2 hr. rated from the foundation to the underside of the roof deck or to the top of parapet walls as part of any shaft construction. 45. All shafts shall be enclosed at all levels to other areas of the building. 46. The elevator cab size shall be minimum 51" deep x 80" wide for on-center doors or minimum 51" deep x 68" wide for off-center doors. 47. All main doors and all egress doors shall swing in the direction of egress. 48. Al] treads, risers, handrails, etc. inside any common area stairway shall be 100% non-combustible construction. 49. Any trash roam, equipment room, etc. shall be minimum 2 hr. rated to all other. areas. PRINTED 01V RECYCLED PAPER 15January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Ute Permit, AUP P-2009073 Administrative Modftation, AM P-2009071 9355 Culver Boulevard Page 16 of 20 ATTACHMENT 1 50.Al! exterior walls on the property lines (other than fronting on streets) shall be minimum 2 hr. rated from the foundation to the top of parapet wall extending a minimum of 30" above any adjacent roof or walking surface. As such, property line fire walls shall be 100% reinforced concrete or reinforced concrete block construction. No wood or metal stud framing in such walls shall be permitted. 51. No openings in exterior walls are permitted within three feet (3') of any property line. 52.Ali commercial areas shall be minimum of 2 hr. rated to all residential areas. 53. Tempered or laminated glazing shall be specified at all hazardous locations. 54.All roof or roof deck coverings shall be minimum Class A fire resistant. 55.As the project nears completion no partial or grand openings shall be permitted without applying for and . gaining approval of a Certificate of Occupancy or Temporary Certificate of Occupancy. Do not schedule any partial or full openings or advertise any openings without City approval. 56.The overall construction permit application drawings shall indicate any construction staging areas proposed. 57.The overall permit application drawings shall include a schedule of special inspections anticipated, the firm proposed far special inspections, and the resumes of any special inspectors for this project. Culver City Building Safety reserves the right to reject any special inspector at any time. If a Culver City Building inspector is inspecting a portion of the work for which a special inspection is required, the special inspection report shall be made available to the Culver City Building Inspector on his arrival to the jobsite. All jobsite supervisors, contractors, and subcontractors shall give their priority to the Culver City Building Inspectors when they are on-site. 58. Culver City Building Safety may apply administrative assessments and/or post general stop work notices for any violations of the conditions of approval for the project, any violations of the CCMC or any violations of adopted codes and standards. 59. Hours of construction shall be limited from 8:00 A.M. to 6:00 P.M. Monday to Friday, and from 9:00 A.M. to 6:00 P.M. on Saturday and Sunday. 16 PRINTED ON RECYCLED PAPER• January 19, 2010 Administrative Site Flan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver BOulevard Page 17 of 20 ATTACHMENT 1 Fire Department: 60. Plans submitted for building permit shall have a "Fire Department Notes" section. The FD notes shall include an related building and fire code requirements for this project 61. A National Fire Protection Association Standard 13 system shall be installed in the structure and the Citizens Building. Fire Department connection location shall be as approved by the Fire Marshall; DDCA location shall be per the Fire " Marshall and the Deputy Community Development Director/ Planning Manager. 62. An off-site monitoring system shall be installed to report operation of the fire sprinkler system per NFPA 72 2007 edition. 63. Al! fascia, parapets and wall tops shall be constructed of solid materials (no foam products) unless reviewed and approved by the Fire Department and the Building Department prior to installation_ 64. All parapets above five feet in height shall have catwalks and ladders as approved by the Fire Marshall. 65. All rooms shall be numbered and labeled per CONIC 102 and the 2007 California Fire Code (CFC). 66. Provide an address visible and legible from the public way. 67. Provide a KNOX Box(s) and KNOX key switches as required by the Fire Marshall. 68. All exterior doors shall have key sets and handles for Fire Department access. 69. Provide specific occupancy for use of buildings such as restaurants, offices, etc. DURING CONSTRUCTION: . Planning Division: 70. Information that includes contact names and telephone numbers of the applicant/property owner, construction contractor(s) and City shall be posted at the project site so as to be visible to the public and of a size and location as approved by the Planning Manager. These names and telephone numbers shall be made available to adjacent property owners and residents. PRINTED ON RECYCLED PAPER 17January 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modific,ation, AM P-2009071 9355 Culver Boulevard Page 18 of 20 ATTACHMENT 1 71. During all phases of construction, the applicant and property owner shall use their best efforts to ensure that all construction workers and contractors park onsite or at designated offsite locations approved by the City and not in the surrounding neighborhood. 72. All graffiti shall be removed within forty eight (48) hours of its application and said removal standards shall continue once the development becomes operational. 73. All construction equipment shall be modified so as to insure the following noise standards: A. Equipped with mufflers and sound control devices (Le., intake silencers and noise shrouds) no less effective than those provided on the original equipment and no equipment shall be operated without an exhaust muffler, B. Properly maintained to minimize noise emissions; C. If any construction vehicles are serviced at a location onsite, the vehicle(s) shall be setback from any street and other property lines so as to maintain the greatest distance from the public right-of-way and from Noise Sensitive Receptors; D. Noise impacts from stationary sources (i.e., mechanical equipment, ventilators, and air conditioning units) shall be minimized by proper selection of equipment and the installation of acoustical shielding as determined necessary by the Planning Manager and the Building Official in order that compliance with the CCMC Noise Regulations and Standards is achieved; and E. Stationary source equipment (i.e., compressors) shall be located so as to maintain the greatest distance from the public right-of-way and from Noise Sensitive Receptors. Engineering Division: 74. The construction contractor shall advise the Public Works inspector of the schedule and shall meet with the inspector prior to commencement of work. 75. Dirt hauling and construction material deliveries or removal are prohibited during the morning (7:00 A M. to 9:00 A.M.) and afternoon (4:00 P.M, to 6:00 P.M.) peak traffic periods. 76. During construction, dust shall be controlled by regular watering and as directed by the Public Works Department City inspector. 18 PRINTED ON RECYCLED PAPERJanuary 19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Use Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 19 of 20 ATTACHMENT 1 77.All staging and storage of construction equipment and materials, including the construction dumpster and storage containers shall be on-site only and will not be allowed along the Public Right of Way unless authorized by the City Engineer. The applicant shall obtain prior written permission from adjacent property owners for any construction staging occurring on adjacent property. 78.A copy of the Local SWPPP, inspection logs, and training records shall also be kept on site and available for inspection at all times during construction. PRIOR TO THE ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY (C of 0): Planning Division: 79.All applicable conditions of approval and required on-site and off-site improvements shall be completed to the satisfaction of the Planning Manager. Engineering Division: 80. The applicant shall be responsible for the expense to repair or replace any damage to the public right-of-way caused by the construction of the proposed project. Such repair or replacement shall be completed per APWA Standards to the satisfaction of the City Engineer. 81.Ail Conditions of Approval shall be completed to the satisfactory of the City Engineer. Fire Department: 82_ A maintenance and service agreement shall be provided for fire sprinklers and off-site reporting system. 83. A pre fire plan shall be provided prior to a Certificate of Occupancy is issued. At the appropriate time please contact Fire Prevention at (310) 253-5925 for instructions, assistance and approval. PRINTED ON RECYCLED PAPER 19January-19, 2010 Administrative Site Plan Review, ASPR P-2009072 Administrative Uss Permit, AUP P-2009073 Administrative Modification, AM P-2009071 9355 Culver Boulevard Page 20 of 20 ATTACHMENT 1 Appeal This administrative decision may be appealed in accordance with Chapter 17.640- Appeals, by any interested person within 15 calendar days of approval, or by 5:30 P.M., February 3, 2010. If no appeal is filed by that date, the decision shall be final. If a timely appeal is filed, we will notify you. If you have any questions, please contact Christina Rios, Assistant Planner, at (310) 253-5756. Sincerely, 6D-D-amni Thomas Gorham Deputy Community Development Director/Planning Manager TG: cr Copy: Sol Blumenfeld, Community Development Director Craig Johnson, Building Official Richard Gallegher, Fire Marshal Charles Herbertson, Public Works Director Andy O'Connell, Senior Civil Engineer Christine Byers, Cultural Affairs Christina Rios, Assistant Planner Decision Letter Binder Case File 20 PRINTED ON RECYCLED PAPERPage 1 of 1 ATTACHMENT 2 Rios, Christina From: Frank Lamanna Vamannafrank@hotmalcornj Sent: Tuesday, September 08, 2009 4:24 PM To: Rios, Christina Cc: Linda E. Lamanna; lidia ivanovs Subject: 9355 Culver Boulevard Culver City Christina Rios Case Manager My Name is Frank Larnanna i'am a Bussines owner next door this project is very negative one because the parking is not suficient and the owners currently block access to exinting alley whith ilegal fences and two the building is to big the alleys are only 10 feet wide on both sides of the project more over the current owner block the loading zone with ilegal wire fence this project is very negative is only for financial gain purposes. Frank Lamanna Grand Casino Bakery 21 09/10/2009TairoSivr 9355 Culver Boulevard Fresh Paint Owner: Josetto 5beglia Architect: Diercter ArchitectJre RECEIVED MAY 26 200g Oulver City 7,11arinrrig UM: ONE7.3 , ger, male FS. MU A. 15n Preet.,11, 15,1 1, vIrlrun. Fresh Paint 9355 CrAver Blvd, Culver City, CA 90232 TEL: (310) 558-9355 Cover Sheet A0,0ere /Mee: Fresh Paint 9355 Culver Fllvd. G r City, CA 9023|1010|TEL: 559-9355 Site Aerial View AD.1 .11r,e Pra aaeVe 06.0B Ewe a,ed1 6 ,ala, dale site acnLe Hee context'oft site,plan emj.e/.P .Ilan .7114: ,ortleA ground !I r L I --- _-------.--- -- I. In, N ^1,1:,' el,,t,p-14, 41' 1.1 I C9 (...rmn •dal I (10,1, .7 2r, .=._ 447113g1I ah,P111,417 las 115 I 1152 we 11S nnr-m.d 2.4 ZIP1+2,/.t. ror pOurr.:14 ,'2,,,d ne) 1799- me (161+118.9.77 Meted le IA MOD 'law area (A? ION 1515 nicrnpR 118 +11rar*.d. monn 06.24.6 01.1 Fresh Faint 9 3 55 Culver Blvd. Culver clty, CA 05 2 3 2 TEL: (310) 555.935 x1-4e . APP7-4-h,9: Site Plan A0.2 i'RO4EC1 SUMMARY “ro-..,.., r.t, Plum., WA 57 5 .Ares MVP: 4.111^1° 317, . 1.1117.041., 'n1.81 co r1,111W — Z: ___ ; PrBP.P.,101,0,7 .. 5 mia.arine eleAfgAm. "Air, =,,,,r1En ANALYSIS FazZiod,r:4^ erori.,1,1,e,- e)rere.prnV, OWN 01/37,09 .MO9 06/2.11. Fresh Paint 9355 Culver BM, Culver City, CA 90232 TEL:. (310} 553-9355 a her! ,n,n; Site Plan colored A0.3 deinot part cf this app ication|109| Moll., 1110 4411 WW I Y.9 .10411 L1113,[11 Fresh Paint 9355 Culver 9Ivd. Culver City, CA 9 o22 TEL: {310) 558-0355 Fre Department Notes: Ground . Level Plan ound level Ian SCALE: 14 A 2 . 0 „„, 1,4„rot. part of this applicatilor|10 9| 4127 011 Fresh Feint 9355 Culver 13ivd. Culver City, CA 99232 TEL: (319) 558-9355 MezzanIne Level Plan mezzanine level an A2.1 SCOSE: Flre Department Notes: ”:))))::=Z):=Second Level Pian ninmbrn Fresh Paint 9355 Culver Blvd. Culver City, CA 90232 TEL: (310) 558-9355|109| Pm Fwere2. nu•r2a A2.2 Flre Department Notes: 0 second revel plm 111.1,7 , Di?Oa. Fresh Paint 9355 Culver Blvd, Culver City, CA So22 TEL) {310) 558-0355 nmIlmbe Ffre Department Notes: ' '"1"1"1{:1{1:14=.::4,-).1{{=):=1,11 .1.1",-11))".7:7-.1)7{V.-.1t 1.111,.04,17, Third Level Plan A2.3|1010| third level plan SCALP: 0.110 .4, mr.7,1] !ONlo Fire Department Notes: 0 roof terraoe level plan PTArtiln ROI, NIA. el nlo Fresh Peeit 9355 Culver Blvd. Culver City, CA 90232 TEL: 31O) 5O-35 Roof Terrace Level Plan V ., n4+4, A2.4WM' rnd,b9,tlosr.51.9 Fresh Paint 9355 Culver Blvd. Culver City, CA 90232 TFE:t (310 ) 555-9355 Roof Level Plan A2.5 'met,. Lel _ 11 .1 4 7.1 ,Ighl Wow nne.skel,.1 garape level 1:ran '31 "'gal IMUMNIIIIM111111=' iIIEIuII =a:WA m=011=14 iiiuiii INIMIRNIMIIIIMIIMIIIII LiVs_ el': Notes: Ztt.7.740.=`,01't! Flre DepeFresh Palnt 9355 Culver Blvd. Culver City, CA 90232 TEL: (310)658-9355 Citizen West Elevation Citizen west elevation I iA,1, A3.0 wee,. ElVe: ADA Plie.nryPnl .09177.19 062.11 0 0|1010|,re4 ant v., ::.:.•• . : rnamulp,s'Amie . • • • ,71=6.r3=T.r=4'jli-'7;rtT't4g4ir7l'7T'=7.:).Cqlf7LflY-:°Fi na =11,:r =7.1=7 —.7 .• • • ,I.! ! • —77 1:47. 5:1.-r 7 l . .,=7+4 :0 Culver Blvd. south elevation 13 — — .11HI;LIT mIrminisgrog —1- =S. CO.O n ear eween Fresh Pa Int 9355 Culver Blvd. Culver City, CA 90232 TEL: (310) 558-9355 Culver South Elevation A3.1 ^"4""alley east elevation A3.2 AM: Pn E.27. VAMP Fresh Paint nss Culver 8Ivd. Culver City, CA 90232 TEL: (310) 558-9355 Alley East Elevation •Impl F age en,,N|1010|re nate. men o .111C . . iNtiginitiLrA lfj5;11mRinillitlilgif#1311111!1 Atr• "!. nher PART CF • tri •-i. PIP ,teeRear North Elevation 1,41 nvre, A3.3 201, nt +LW nom 2 Px.41,115.1 OLIGN|109| Pro,,, 06,214.4 Fresh Paint sms Culver Blvd. Culver City, CA 90232 TEL (310) 558-9$55 0 north elevation.212021 Arpn,rseeRm. .232.220 ram 2...12.24a... 1.221 urn nolm.2.Ity Fresh Paint 9355 Culver Blvd. Culver City, CA 90232 TEL: (310) 558-9355 Perspectives A3.4 rgealwror dalc cr.|1010| southwest view from culver blvd. SCFLE.|1010| northwest view from alley SCAM southeast view from ourver blvd. aerial view from northeast•10 11 12 13 15 16 17 18 19 20|1010|22 23 24 25 27 28 29 ATTACHMENT 4 RESOLUTION NO. 2010-R A RESOLUTION OF THE CITY COUNCIL OF THE CI11( OF CULVER CITY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE OIRECTOR:S APPROVAL OF APPLICATIONS FOR AN ADMINISTRATIVE SITE PLAN REVIEW TO ALLOW A TWO-STORY ADDITION TO INCLUDE OFFICE SPACE ON THE SECOND FLOOR AND ONE (1) RESIDENTIAL UNIT ON THE THIRD FLOOR TO AN EXISTING OFFICE/WAREHOUSE BUILDING, AN ADMINISTRATIVE USE PERMIT FOR TANDEM PARKING, AND AN ADMINISTRATIVE MODIFICATON TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES BY ONE (1) SPACE LOCATED AT 9356 CULVER BOULEVARD IN THE COMMERCIAL DOWNTOWN CD ZONE. (Administrative Site Plan Review, ASPR P-2009072, Admihistrative Use Permit, AUP P-2009073, and Administrative Modification, AM P-2009071) WHEREAS, on May 26, 2009, Don Dimster (Architect) on behalf of Josetta Sbeglia (Owner), filed an Administrative Site Plan Review fASPR1 application to allow a two- story addition to include office space on the second floor and one k."1-).residential unit on the ,.„ third floor (totaling 5,708 square feet) to an existing office/warehouse building, an Administrative Use Permit (ADP) application for tandem .parking, and p Administrative , Modification (AM) application to reduce the hUmber of required p arking spaces by one (1) •space located at 9355 Culver Boulevard in the Commercial Downtown. (CD) Zone; and WHEREAS, on August 25, 2009, notification of the pending administrative •decision of the ASPR, AUP, and AM applications and invitation to submit comments was sent to property owners and occupants within 500-feet of the 'proposed project. A revised notification including a more detailed project description was sent art'September 15, 2009 to the same property owners as the original notification; and WHEREAS, on January 19, 2010 following close of the required comment period, ASPR P-2009072, AUP P-2009073, and AM P-2009071 viiere approved by the Director; and Page 1 Resolution No. 2010-R 37ATTACHMENT 4 WHEREAS, at the February 1, 2010 City Council meeting, after thorough discussion, the Council determined by a vote of 5 to 0 to initiate an appeal of the ASPR, AUF, and AM approvals pursuant to Culver City Municipal Code (CCMC) Section 7.640.015; and WHEREAS, on April 5, 2010, the City Council conducted a duly noticed public hearing on the appeal of the ASPR, AUP, and AM approvals, fully considered the applications, plans, staff report, and all testimony presented and the City Council by a vote of to denied the appeal upholding the approval of ASPR P-2009072, AUP P-2009073, and AM P-2009071. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION/. Pursuant to the foregoing recitations and the provisions of GCMG Section 17.540020 required findings for an Administrative Site Plan Review, Section 17.530.020 required findings for an Administrative Use Permit, and Section 17.550.020' required findings for an Administrative Modification, subject to all conditions of approval contained in the Notice of Decision dated January 19, 2010, the following findings are hereby made: Administrative Site Plan Review, ASPR P-2009072 t 'The general layout of the project, including orientation and location of buildings; open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines_ The proposed project, with zero street and alley fronting setbacks, pedestrian access at the ground level, and the proposed parking at the rear of the building is designed to harmonize with the existing deVe/opment in downtown. The building at 44 feet in height is within the allowable height limit for the CD zone. The Administi-ative Modification will satisfy the on-site parking requirements for the new building square footage and the site layout and design will provide safe and convenient pedestrian and vehicular pattern_ The proposed project will meet all applicable development standards required_ by the Zoning Code. The applicant is requesting an Page 2 Resolution No. 410-R 38|101010101010|11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29ATTACHMENT 4 Administrative Use Perrnit for tandem parking spaces and an Administrative Modification|1010|to reduce the projects required parking by one (1) space from seven (7) to six (6) spaces|109| as permitted by the Zoning Code. 3 2. The architectural design of the structures and their materials and colors are 4 compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the purpeSe and intent of this|109| Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standar& and design guidelines. . The proposed|1010|addition is at the rear of the subject property behind an existing one story commercial 7 building where the addition will ensure that the historic facade of the Citizens Building remains exposed. The project is three (3) stories and forty four (44) feet high plus two (2) roof mounted structures to house two (2) stairways and an elevator extending 13'41 above the roof as permitted by the Zoning Code_ A portion of the building will cantilever over the abutting vacant lot to the north where six (6) of the required parking spaces will -10 be provided in tandem style. The project will have a modern architectural style, with dark colored concrete and channel glass facade that will provide eentrasting views with the red brick of the Citizens building. A projecting terrace is being proposed at the Second floor 12 on the west elevation, a total of two (2) third floor terraces on the : east and west elevation, and a _roof top deck with a glass guard rail recessed back from the edge of the building_ 13 The dark colored concrete wall (37' feet high) on the south , elevatiOn is setback at minimum 75 feet from Culver Boulevard. The project will be, conditioned to provide 14 architectural relief, or art on this wall. The concrete wall along ' the north property line 15 includes a recessed opening on the second and third floors. .Overall, the design of the structure is compatible with the commercial buildings in the area . and with the purpose 16 and standards of the CD zone. Thus, the new development does, not have an adverse effect on the aesthetic and architectural qualities of adjoining properties. The Cultural 17 Affairs staff in the Community Development Department has determined that the 18 proposed addition is consistent with the historic integrity of the existing building and has approved the design concept. 20 3. The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has 21 been designed to create visual relief, complement structures, and provide an 22 attractive environment and is consistent with the purpoSe and intent of this Chapter, the requirements of the zoning district in which the site is located, and 23 with all applicable development standards and design guidelines. The project cannot accommodate landscaping due to the current building coverage A portion of the 24 proposed addition cantilevers over the on-site parking at the rear on a relatively small lot 25 and space for landscaping does not exist. However,. existing streetscape improvements including trees and hardscape paving enhance the project_ 26 27 4. The design and layout of the proposed project will not inter ere with the use and enjoyment of neighboring existing or future development, will not result in 28 - vehicular or pedestrian hazards, and will be in the best interest of the public health, 29 safety, and general welfare. The proposed addition is designed and laid out to respect Page 3 Rescluticn No. 2010-R 39 102|1010101010 10 10|11 12 13 14 15 16 17 ATTACHMENT 4 adjacent properties and the building footprint does not encroach into neighboring lots or alleys. The project is designed to provide on-site parking resulting in adequate vehicular circulation patterns and maneuvering and does not create vehicular or pedestrian hazards. The project also meets the setbacks and height requirements of the CD zone. The design and layout will not hinder or interfere with surrounding and future developments and is in the best interest of the public health, safety and general welfare. 5. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site The existing and proposed public service facilities necessary to a6commodate the project such as the adjoining streets and alleys, traffic control devices, sewers, storm drains, proposed parkways, proposed sidewalks, street lights, proposed street trees, fire protection devices, and public utilities are provided for adequately as confirmed by the City agencies that reviewed the project during the interdepartrne.ntal review process. There are adequate existing public facilities necessary to service the project. 6 The proposed prefect is consistent with the General Plan and any applicable specific plan. The project is consistent with the General Plan Downtown designation in that it is a medium scale project that is three (3) stories high with parking at the rear. It encourages a pedestrian friendly erniironment and offers a specialty retail use to downtown and adjacent neighborhoods The proposed development will offer an art gallery, office use and a residential unit that is substantially surrounded by urbanized and commercially developed uses along Culver Boulevard. The newdeSign with dark colored concrete, channel glass façade, a second floor balcony, two (2) third floor terraces and a roof top deck will improve the visual quality and pedestrian environment. 18 AUP- Administrative Use Permit, AUP P-2009073 (Tandem Parking) 7. The proposed use is allowed within the subject zoning district with the approval of an Administrative Use Permit or Conditional Use Permit and complies with all other applicable provisions of this Title and the CCNIC. The proposed tandem . parking is allowed within the CD. zoning district with the approval Of an Administrative Use Permit as stated in Section 17.320.035.C.b Tandem Parking Spaces_ Furthermore, the proposed. tandem' parking is arranged to he no more than three (3) spaces In depth, the parking layout complies will all other applicable provisions regarding parking design and layout guidelines. The proposed use as conditioned will comply With all ether applicable provisions of Title-17 Culver City Zoning Code and the.CCMC. 8. The proposed use is consistent with the General -plan and any applicable Specific Plan. The proposed tandem parking is consistent with the General Plan Downtown designation because it provides parking spaces (at the rear of the bUilding) to support the proposed project in downtown. The required handicapped parking space will be located off-site Within fifty feet (50') of the building's rear entrance consistent with Building Code requirements_ The proposed project is substantially surrounded by urbanized and Page 4 Resolution No. 2010-R 40 19 20 21 22 23 24 25 26 27 28 29ATTACHMENT 4 commercially developed uses along Culver Boulevard. There is no Specific Plan for this area 9. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses la the vicinity of the subject site. The proposed use, design, location, size and operating characteristics of the tandem parking spaces will not have an impact on adjacent uses and are therefore found to be compatible with the existing and future land uses in the vicinity of the subject site. The proposed use, tandem parking, is to provide six (6) parking spaces on-site for the proposed project that is compatible with the existing and future land uses in the vicinity of the subject site_ The parking spaces will be property striped and are to be located behind the building with access off the alley. Further, each tandem pair will have adequate space for maneuvering into and out of said spaces. The required handicapped parking space will be located off-site within fifty feet (50') of the building's rear entrance consistent with Building Code requirements. 10.The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints. The site is physically suitable for the proposed six (6) tandem parking spaces. The proposed parking spaces will be provided at the rear of the building which can be accessed. through the public alley. Existing and proposed public "service facilities necessary to accommodate the project such as the adjoining streets and alleys, traffic control devices, sewers, Storm drains, parkways, sidewalks, street lights, street trees, fire protection devices, and public utilities are adequately provided for, as confirmed by the City agencies that reviewed the project during the interdepartmental review process. There are adequate existing public facilities necessary to -service the project. 18 11. The establishment maintenance or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to 19 persons, property or improvements in the vicinity and zoning district in which the 20 properly is 'located. The proposed tandem parking will allow for six (6) parking spaces on-site for the proposed project. The required handicapped parking space will be located 21 I off-site within fifty feet (au .) of the building's rear entrance content with Building Code 2Z requirements. The conditions of approval will ensure that the operation will not be detrimental to the public interest, health, safety, or general welfare or injurious to persons, . 23 property or improvements in the vicinity and zoning district in whien the property is located. AM- Administrative Modification AM P-2009071 (1 Parking Space Reduction)- 12.The strict application of the applicable development standard creates an 26 II unnecessary, involuntarily created hardship or unreasonable regulation which 27 makes it obviously impractical to require compliance with the development standards_ There is currently no on-site parking for the existing building and it is 28 therefore considered legal nonconforming due to parking. Six (6) of the required seven (7) 29 parking spaces for the new addition will be provided on the vacant abutting lot north of Page 5 Resolution No. 2010-R 41ATTACHMENT 4|1010101010101010 10 10|11 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 the site under the cantilevered portion of the building. The AM request is to reduce one (1) parking space on-site which does not exceed the maximum adjustment of ten percent (10%) as stated in CCIVIC Section 17.550.010.A, Administrative Modification_ The required handicapped parking space will be located Off-site within fifty feet (50') of the buildings rear entrance consistent with Building Code requirements. The proposed parking meets the standards in CCMC Section 17.550.010_A and Section 17.320_025 D, Off-Site Parking. 13.Approval of the Administrative Modification would not be detrimental to the public health, interest; safety, or general welfare and would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or iMprovements in the vicinity and in the same zoning district_ Approval of the Administrative Modification will not be detrimental to the general welfare or injurious to property in the vicinity_ The required parking Will be located on-site with the exception of the handicapped parking space which Will be located -off-site within fifty feet (50') of the building's rear entrance consistent with Building Code requirements and will not have a direct impact on the neighboring properties because the space will be located on a public lot. Furthermore, approval of the proposed modification will not prevent development or limit the use of neighboring properties. 14. The project is consistent with the General plan and complies with all other applicable provisions of this Title. The project is consistent with the General Han and Zoning Designation, which encourages a pedestrian friendly enVironment and offers a specialty retail use to downtown and adjacent neighborhoods. It is also consistent with all the regulations of the CD zone. SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby denies the appeal, upholds the decision of the Director, and approves Administrative Site Plan Review, ASPR P-2009072, Administrative I/ / 1/I /1/ /// II I 111 28 29 Page 6 Resolution No. 2010-R 42ATTACHMENT 4|101010|Use Permit, AUP P-2009073, and Administrative Modification, AM P-2009071, subject to all conditions of approval contained in the Notice of Decision dated January 19, 2010. APPROVED and ADOPTED this day of April, 2010. ANDREW WEISSMAN, Mayor CITY OF CULVER CITY, CALIFORNIA ATTESTED BY: APPROVED TO AS FORM: 14 15 16 17 /8 19 20 21 22 23 24 25 28 10 11 12 13 Al 0-0011 0 MARTIN R. COLE, City Clerk 27 28 29 Page 7 Resolution No. 2010,R 43ATTACHMENT 5 RESOLUTION NO_ 2010-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, GRANTING AN APPEAL AND OVERTURNING THE DIRECTOR'S APPROVAL OF APPLICATIONS FOR AN ADMINISTRATIVE SITE PLAN REVIEW TO ALLOW A TWO-STORY ADDITION TO INCLUDE OFFICE SPACE ON THE SECOND FLOOR AND ONE (1) RESIDENTIAL UNIT ON THE THIRD FLOOR TO AN EXISTING OFFICE/WAREHOUSE BUILDING, AN ADM/NISTRATIVE USE PERMIT FOR TANDEM PARKING, AND AN ADMINISTRATIVE MODIFICATON TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES BY ONE (1) SPACE LOCATED AT 9355 CULVER BOULEVARD IN THE COMMERCIAL DOWNTOWN CD ZONE. (Administrative Site Plan Review, ASPR P-2009072, Administrative Use Permit, AUP P-2009073, and Administrative Modification, AM P-2009071) 11 WHEREAS, on May 26, 2009 7 Don Dimster (Architect) on behalf of Josetla 12 Sbeglia (Owner), filed an Administrative Site Plan Review (ASPR) application to allow a two- 16 Administrative Use Permit (AUP) for tandem parking, and an Administrative Modification ,--• 17 (AM) to reduce the number of required parking spaces by one (1) space located at 9355 19 Culver Boulevard in the Commercial Downtown (CD) Zone; and . 20 WHEREAS, on August 25, 2009, notification of the pendirig administrative decision of the ASPR, AUP, and AM applications and invitatien tb submit Comments Was sent to property owners and occupants within 500-feet of the proposed project A revised 23 notification including a more detailed project description was sent orfSeptember 15, 2009 to the same property owners as the original notification; and WHEREAS, on January 19, 2009 7 following close of the required comment period, ASPR P-2009072, AUP P-2009073, and AM P-2009071 Were approved by the 28 Director; and 21 22 24 25 25 27 29 13 - story addition to include office space on the second floor and one (1),:residential unit on the 14 z 15 third floor (totaling 5,708 square feet) to an e;cisting officetwarehouse building, an Page 1 Resolution Na 2010-R 44ATTACHMENT 5 WHEREAS, at the February 1, 2010 City Council meeting, after thorough discussion, the Council determined by a vote of 5 to 0 to initiate an appeal of the ASPR, AUP, and AM approvals pursuant to Culver City Municipal Cade (CCMC) Section 17.640,015; and WHEREAS, on April 5, 2010, the City Council conducted a duly noticed public hearing on the appeal of the ASPR, AUP, and AM approval, fully considered the application, plans, staff report, and all testimony presented and the City Council, by a vote of to granted the appeal, overturned the Director's decision and denied the approval of ASPR P- 2009072, AUP P-2009073, and AM P-2009071. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTiON t Pursuant to the foregoing recitations and the provisions Of CCMC Section 17,540.020 required findings for an Administrative Site Plan Review, Section 17.530.020 required findings for an Administrative Use Permit, and Section 17.550.020 - required findings for an Administrative Modification, the following findings are hereby made: (City Council to direct staff on findings for denial) SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby grants the appeal, overturns the Director's decision and denies approval of Administrative Site Plan Review, ASPR P-2009072, III /// Page 2 Resolution No. 201G-R 45 10 11 12 13 14 15 10 17 18 g 20 21 22 23 24 a5 26 27 28 29ATTACHMENT 5 Administrative Use Permit, AUP P-2009073, and Administrative Modification, AM P-2009071. APPROVED and ADOPTED this day &April, 2010_ ANDREW WEISSMAN , Mayor CITY OF CULVER CITY, CALIFORNIA ATTESTED BY: APPROVED TO AS FORM: /Or II lipt4r • MARTIN R. COLE, City Clerk CsLA. SCHW A City A o ney A10-00110 Page 3 Resolution No. 2010-R 46 10 13 14 16 17 18 19 20 21 22 23 24 25 27 28 29.Fc1,5eicriarit. Not tetAr6a - Side •Lef tine R:portQt.Lihe Interior•Sic:10 tot 'Lln6 • Front Let •Ine• /Mt