City of Culver City, California
Agenda Item Report
A1-1
Meeting Date: 02/10/14 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Consideration of Additional Information Related to
the Culver City Ice Arena and Direction to Staff as Deemed Appropriate (Continued)
Contact Person/Dept.:
Sol Blumenfeld/Community Development
Department
Chris Sellers/Fire Department
Phone Number:
(310) 253-5700
(310) 252-5910
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (02/05/14); Persons
who Spoke at the City Council Meeting of 01/13/14 or 1/27/14 and Provided an E-Mail
Address (02/05/14)
Department Approval:
Sol Blumenfeld (02/05/14)
Chris Sellers (02/05/14)
City Attorney Approval:
Carol Schwab (02/05/14)
Chief Financial Officer Approval:
Jeff Muir (02/05/14):
City Manager Approval:
John Nachbar (02/05/14)
RECOMMENDATION
Staff recommends the City Council consider the additional information in this report
and direct staff as deemed appropriate.
BACKGROUND
At the January 27, 2014 City Council meeting, the City Council received a staff report
and heard public comment regarding the proposed closing of the Culver City Ice
Arena located at 4545 Sepulveda Boulevard, Culver City (the Property). City staff
presented information related to the Facility Closure Plan required under the
California Fire Code, the abatement of potential hazardous materials located on the
Property, and zoning and development considerations related to the Property.
Following public comment, the City Council continued the matter to the next regular
Council meeting in order to receive an update from staff on the status of potential
hazardous material abatement actions and zoning issues.
City staff has been working on numerous issues relating to the proposed change of
use of the Culver City Ice Arena and has located City files and records regarding the
land use status of the Property. That review of City records has disclosed that a Use
Variance was issued in 1960 which allowed development and use of the Property as
an ice rink and associated parking extending into the R-1 (Single-Family Residential) City of Culver City, California
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Zone. The Use Variance was required because the front portion of the Property is
zoned commercial while the rear portion is zoned residential (R-1).
The Use Variance runs with the land, i.e. remains in effect; however, it is expressly
limited to the ice rink use and does not allow other commercial uses, without further
City approvals. (See Attachment No. 1).
DISCUSSION
Facility Assessment
As of February 2, 2014, the Culver Ice Arena was closed to the public. However, the
physical plant (generators, cooling system, etc.) remains operational while the
equipment and cooling system are being evaluated and a Facility Closure Plan is
prepared and implemented. The Property owner has been ordered to ensure that all
necessary utilities for the maintenance and operation of the Ice Arena’s refrigeration
system continue to be provided until such time the system is safely taken out of
service pursuant to an approved Facility Closure Plan. Staff has been in contact with
Southern California Edison and Golden State Water Company to ensure the utilities
remain operational throughout the process.
A Facility Closure Plan is being prepared by an environmental consulting company
hired by Planet Granite and is due to be submitted to the City no later than February
7, 2014. The plan is being formulated in response to Notices and Orders issued by
the Fire Department to the Property owner. Staff will provide an oral update of the
status of the Facility Closure Plan at the February 10
th
City Council meeting. Although
Planet Granite has agreed to facilitate the Facility Closure Plan, staff is awaiting
further confirmation with regard to the contractor who will implement the Plan.
Upon receiving the Facility Closure Plan, the Fire Department and its consultants will
review the plan to ensure that all of the required components adhere to California Fire
Code §5001.6.3 and any other applicable statutes and regulations. The Facility
Closure Plan must demonstrate that hazardous materials which are stored,
dispensed, handled, or used on or at the facility will be transported, disposed of, or
reused in a manner that eliminates the need for further maintenance and any threat
to public health and safety. The Facility Closure Plan must also include a timeline of
events, including but not limited to:
1. Date of evacuation, including disposition of the anhydrous ammonia
evacuated from the refrigeration system, and the name of the contractor,
with contact information, who will perform the work;
2. Date of removal and disposition of refrigerant oil, calcium chloride, and
all other hazardous materials located on the premises;
3. Date of soil sample testing (soil contamination and permafrost depth); City of Culver City, California
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4. Date of sample testing of the cooling medium of calcium chloride,
(contaminants).
5. Any other dates relevant to the closing of the current facility.
To assist City staff in this specialized effort, outside consultants have been retained.
These include an environmental consultant and technical experts. A refrigeration
specialist hired by the City is conducting an independent assessment and overall
evaluation of the cooling system and related equipment at the facility. This evaluation
will determine the usable life of the system, any recommended equipment upgrades and
replacement to meet regulatory compliance, and a life safety assessment. This
information will help the City in evaluating current or future operations from a health and
safety standpoint.
In order to preserve the public health, safety, and welfare, the City remains prepared to
perform any necessary hazardous abatement should the property owner fail to comply.
Potential Historic Designation of the Ice Arena
The City’s Historic Preservation Program provides a process for designation of
cultural resources. The general process for nomination and designation described in
Culver City Municipal Code Chapter 15.05 is as follows:
1) Applications for nomination for designation can be submitted by a resident, an
owner, the Cultural Affairs Commission, or the City Council;
2) The Community Development Director then prepares an evaluation of the
proposed designation and makes a recommendation to the Cultural Affairs
Commission, which shall set a hearing for consideration of the designation;
3) If recommended by the Cultural Affairs Commission, it then goes to the City
Council for review; the City Council will either accept, modify or disapprove
the recommendation;
4) Threshold criteria for designation are: a) fifty years old and a publically
accessible or visible exterior; b) special importance to the City; and/or c)
architectural, historical or cultural significance;
5) If determined to be a cultural resource, the structure would be classified under
one of three categories of designation, with different criteria, including:
Landmark, Significant and Recognized;
On January 31, 2014, the City received a nomination from a Culver City resident to
designate the Property a cultural resource. The City is proceeding with an evaluation
of the proposed designation as part of the Community Development Director’s
recommendation to be considered by the Cultural Affairs Commission. Designation
as a cultural resource does not prevent reuse of the Property. However, if
designated as a Significant or Landmark structure/resource, the Property owner and City of Culver City, California
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tenant would be required to comply with the Secretary of Interior Standards to avoid
impacting the building’s character defining features as determined through the
Property historic survey. (Please see Attachment No. 2).
Zoning and Land Use Restrictions for the Property
The current property lessee, Planet Granite, has previously indicated that it plans to
utilize the existing ice rink building and related surface parking to accommodate a
climbing and fitness gym. The City’s Zoning Code distinguishes a climbing gym
(fitness gym) from an ice rink (indoor amusement facility) and the climbing gym would
require a new discretionary approval for a Zone Change. (Please see attachment
No. 3). A discretionary approval is also required due to the restrictions of the existing
Use Variance, which requires the Property to remain an ice rink unless a new
application is presented to the Planning Commission for consideration.
Consistent with state law, a Use Variance is no longer permitted under the Culver
City Municipal Code. Therefore, an application for a Zone Change must be submitted
to the City in order to permit the proposed use in the R-1 Zone. The Planning
Commission considers Zone Change applications and provides a recommendation to
the City Council. The City Council has ultimate approval authority for the Zone
Change. The processing of these discretionary approvals would require compliance
with the California Environmental Quality Act, including evaluation of the Property’s
historical and archeological significance.
In addition, questions have been raised by the community as to whether any new
construction on the Property would be subject to the City’s height restriction. The
Property is located in Project Area Component Area No. 4, which is specifically
excluded from exemptions to building height under the Zoning Code. Therefore, a
height exemption would not be permitted, and any new construction would be subject
to the City’s height restrictions.
As of the publication of this staff report, the City has not been informed as to whether
Planet Granite or Property owner Mike Karagozian intends to submit an application to
the City regarding a Zone Change for the R-1 portion of the Property.
SUMMARY:
The City has taken steps to ensure that in the event the Ice Arena is
decommissioned, it is performed in compliance with all Federal, State, County,
regional and local requirements. City staff has fully reviewed these requirements with
the owner and the lessee. The City is prepared to invoke whatever powers are
necessary to ensure the public’s health, safety, and welfare are protected.
The Property owner and the Lessee have represented they have entered into a lease
agreement for the use of the Property as a climbing and fitness gym. City staff has
reviewed the land use restrictions and requirements for establishing a new use on the City of Culver City, California
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Property, and any application for a new use shall be processed in accordance with
these restrictions and all other applicable provisions of the Zoning Code.
ATTACHMENTS
1. City Planning Commission Resolution No. 311 – Use Variance -
4545 Sepulveda Boulevard
2. Notice for Nomination to Preserve Cultural Resource and
Related Correspondence
3. Culver City Zoning Ordinance, Section 17.220.015, Table 2-5
MOTION
That the City Council:
Consider the additional information related to the Culver City Ice Arena and
direct staff as deemed appropriate.
MEETING DATE: 2/10/2014
AGENDA ITEM: Consideration of Additional Information Related to the
Culver City Ice Arena and Direction to Staff as Deemed
Appropriate
ATTACHMENTS
No. Item Pages
1. City Planning Commission Resolution No. 311 –
Use Variance - 4545 Sepulveda Boulevard
1 - 9
2. Notice for Nomination to Preserve Cultural
Resource and Related Correspondence
10 - 12
3. Culver City Zoning Ordinance, Section 17.220.015,
Table 2-5
13 - 14
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