City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council conduct a public hearing, direct staff to
prepare resolutions based upon the City Council’s discussion this evening, and
continue the public hearing to May 17, 2010, at which time the Resolutions will
be considered by the City Council related to a proposed amendment to the
Public Parking Covenant, the Administrative Use Permit, and Administrative
Modification for the property located at 8511 Warner Drive.:
The City Council may wish to consider the following options this evening:
A. (Staff Recommendation) Direct staff to prepare a resolution for the City
Council’s consideration which grants the approval, in part, by approving
the Administrative Use Permit and Administrative Modification which
allow tandem parking only on the Warner Lot and approves an
amendment to the existing Warner Lot Covenant;
OR
B. Direct staff to prepare a resolution for the City Council’s consideration on
May 17, 2010 which conditionally approves the Administrative Use
Permit, the Administrative Modification, and an amendment to the
existing Warner Lot Covenant which allows tandem parking at the
property located at 8511 Warner Drive (the Warner Lot) and adjacent Rail
Spur (all three of these actions would be conditioned upon the City
Meeting Date: 5/10/10 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Consideration of Directing
Staff to Prepare a Resolution Approving (1) an Administrative Use Permit for
Tandem Parking and (2) an Administrative Modification to Allow a Reduction of
Parking Stall Widths and (3) Amending a Public Parking Covenant to Permit
Tandem Parking and on an Existing Surface Parking Lot at 8511 Warner Drive.
Contact Person/Dept.: Thomas Gorham,
Sol Blumenfeld CDD
Phone Number: (310) 253-5727
(310) 253-5702
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X ] Action Item: [] Attachments: [X]
Public Notification: (USPS) Notices to all property owners and occupants within a 500-
foot radius of the project site (4/30/10); (E-Mail) Meetings and Agendas – City Council
(05/05/10); Applicant and property owner.
Department Approval:
Sol Blumenfeld (05/05/10)
City Attorney Approval:
Carol Schwab (by R. Miranda) (05/05/10)
Agency General Counsel:
Murray Kane (05/05/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/05/10)
City Manager Approval:
P. Lamont Ewell (05/06/10) City of Culver City, California
Agenda Item Report
Council’s approval of use of the Rail Spur which consideration would
occur as a separate action at a future City Council Meeting);
OR
C. Direct staff to prepare a resolution which denies the application in its
entirety.
PROCEDURE:
1. Mayor calls on staff for a brief staff report and the City Council poses
questions to staff as desired.
2. Mayor seeks motion to open the public hearing, providing the applicant the
first opportunity to speak, followed by the general public.
3. The City Council discusses the matter and provides direction to staff.
4. The Mayor seeks a motion to continue the public hearing to May 17, 2010 to
allow staff to prepare resolutions for consideration by the City Council once
the public hearing has been concluded.
BACKGROUND:
On March 19, 2010, Samitaur Constructs submitted a complete application for
an Administrative Use Permit (AUP) and an Administrative Modification (AM) to
permit tandem parking with reduced stall widths at the Warner Lot. The
complete application also includes using a portion of an abutting Rail Spur which
is owned by the City. The proposed tandem parking is intended to provide
additional parking for Hayden Tract businesses. The Hayden Tract historically
contained industrial buildings with substantial lot coverage and little surface
parking. Over the last fifteen years, many of the area buildings have been
remodeled to accommodate service and creative office uses with heavier
parking demand. However due to the nature of the recent building renovations,
many have not supplied additional parking. Consequently, parking is
undersupplied in the area. The proposed AUP for tandem parking is intended to
help alleviate undersupplied parking in the area. In addition, the application
references use of tandem parking and a shuttle bus service to access other
Samitaur Constructs parking facilities, but there is inadequate information
supplied to assess these proposals, and they are not being considered under
this application. The project will be considered first, and then depending upon
the direction received, staff will bring back the appropriate draft Resolution for
consideration at the next regularly scheduled City Council meeting.
City of Culver City, California
Agenda Item Report
Project Site:
The Warner Lot is located on a 75,800 sq. ft. surface parking lot that currently
contains 242 parking spaces. It was originally owned by the City and sold to
Samitaur Constructs in June 2006, for the purpose of constructing a public
parking garage and other ancillary uses. Entitlements to construct a 775 space
parking structure, along with 51,520 square feet of commercial space, were
received on August 3, 2009, for which the developer is currently pursuing project
financing. In the interim, Samitaur Constructs is requesting approval to provide
tandem parking on the Warner Lot and adjacent Rail Spur to relieve area
parking demand.
Summary of Project Approvals requested by Applicant
§ Modification of Warner Lot Covenant to Permit Tandem Parking
§ Sale or Lease of Adjacent Railroad Spur under separate action
§ AUP for Tandem Parking for the Warner Lot and Rail Spur
§ Administrative Modification to Allow Less than 9’-0” for Stall Width
Project Request:
In 2006, the Warner Lot was sold to Samitaur Constructs with a ten year
restrictive covenant (the covenant remains effective for approximately six more
years). Among the covenant provisions are prohibitions on changes to the
operation or use of the Warner Lot as a public parking facility without prior
written authorization of the City Council. Therefore, in case the City Council
wishes to permit changes to the operation of the Warner Lot (including the use
of tandem parking), an amendment to the covenant is required. The applicant
proposes two Options, both of which would require an amendment to the
covenant.
The applicant has submitted two options for restriping the Warner Lot to
accommodate tandem parking (Attachment No. 1). Option 1 would restripe and
provide other improvements to create 298 parking spaces, a net increase of 56
spaces from the existing 242 spaces. Option 2 would include use of the Rail
Spur to create an additional 40 spaces (for a total of 338 spaces, or a net
increase of 96 spaces from the existing 242 spaces). Implementation of this
Option 2 would require the City Council’s consent for the use of the Rail Spur in
a separate real estate transaction between the City and the applicant. Without
approval by the City Council for use of the Rail Spur property, this option cannot
be approved.
City of Culver City, California
Agenda Item Report
California Environmental Quality Act (CEQA):
Section 15301 of the CEQA Guidelines exempts projects involving minor
alterations to existing facilities from CEQA review. This project is categorically
exempt from CEQA review since it involves a minor alteration to an existing
structure, facility or topographical feature.
DISCUSSION:
Parking Covenant
The proposed parking covenant amendments Proposed Covenant Amendments
-- Attachment No. 3) include new provisions to allow tandem parking on the
Warner Lot subject to approval of an “Operations Plan” (Attachment No. 2)
which includes the requirements for parking lot attendants to be available at
specified hours to assist with parking and orderly retrieval of tandem parked
vehicles. The applicant did not provide details of the proposed shuttle service.
Therefore, the proposed shuttle service cannot be adequately evaluated with the
proposal. Implementation of shuttle service would require further review by the
Transportation and Community Development Departments and action by the
City Council.
The Proposed Covenant Amendments specify the total number of tandem
spaces in excess of the currently supplied 242 stalls and that all costs for
implementing the tandem parking are borne by the buyer (applicant). The
Proposed Covenant Amendments are consistent with the fair market rate
requirements in the original covenant, and that the extra spaces shall first be
reserved for non-Samitaur affiliates. Further, the Proposed Covenant
Amendments include an extension of the life of Covenant for an additional five
years, such that the term of the Covenant expires fifteen years after the date of
its initial effective date.
Tandem Parking Layout
As noted above, the Warner Lot currently has 242 parking spaces. Access to
the lot is provided from two driveways off of Warner Drive. The existing parking
spaces are laid out in a 90 degree configuration with access off of 3 east-west
and 2 north-south two-way drive aisles. There are currently 7 handicap parking
spaces provided.
City of Culver City, California
Agenda Item Report
The proposed tandem parking layout would utilize the existing driveways and
layout the tandem parking in a 90 degree configuration with access off of 2 east-
west and 2 north-south two-way drive aisles. In Option 1, a total of 298 parking
spaces are proposed (a net increase of 56 spaces). 248 of the spaces would be
in double tandem configuration and 9 in triple tandem configuration for a total of
257 tandem spaces. 41 non-tandem spaces would remain (17 each along the
west and east sides of the lot and 7 handicap spaces). In Option 2, utilizing the
Rail Spur, a total of 338 parking spaces are proposed (a net increase of 96
spaces). 168 of the spaces would be in double tandem configuration and 129 in
triple tandem configuration for a total of 297 tandem spaces. 41 non-tandem
spaces would remain (17 each along the west and east sides of the lot and 7
handicap spaces).
The tandem parking spaces in both options are proposed to be 8’-4” in width by
18’ in depth. Zoning Code Section 17.320.035.C.1.b requires tandem parking
space to be a minimum of 9’ in width by 18’ in depth and not more than 3 spaces
in depth. In order to permit the reduction in tandem stall with an Administrative
Modification is required. Pursuant to Zoning Code Section 17.550.010 a 10%
reduction in the required parking space dimensions is permitted. The proposed
8’-4” tandem stall width is a reduction of 8” and is within the allowable 10%
reduction. (9’ = 108” – 108” x 10% = 10.8” – 8” < 10.8”).
Tandem Parking AUP
In order to approve the proposed tandem parking the existing parking covenant
must be amended and specific findings for the AUP must be met. Among these
findings is compatibility of the proposed use with the surrounding area and that
the site is physically suitable to accommodate the proposed use. For several
years, the City has pursued strategies to increase parking in the Hayden Tract.
These strategies include: the development of surface parking along the Rail
Spur through establishment of a parking association administered by adjacent
property owners, the development of a parking district to supply parking in public
parking facilities in lieu of providing all required parking on-site, and joint
development of public parking. The proposed tandem parking is consistent with
these measures and will help in providing needed parking for the area that will
not have a detrimental impact since it is intended to satisfy existing parking
demand and will be designed to be compatible with the surrounding area. In
addition, as outlined above, the proposed site is physically suitable to
accommodate the proposed tandem parking layout. Detailed findings for the
AUP are included as Attachment No. 4.
Administrative Modification re Stall Width Reduction
City of Culver City, California
Agenda Item Report
In order to approve the proposed stall width reduction, specific findings for the
Administrative Modification must be met. The project does meet the required
finding for Administrative Modifications which states the purpose of the
Administrative Modification is to allow for modifications to a proposed project
when the development standards create an unnecessary, involuntarily created
hardship or unreasonable regulation which makes it impractical to require
compliance with the development standards.
An Administrative Modification, similar to a Variance from the zoning standards,
does not authorize a use or activity which is not otherwise expressly authorized
by the zoning regulations governing the property. An Administrative Modification
only permits minor deviations from the regulations applicable to certain
standards such as setbacks, height, and parking requirements. The Zoning
provisions are not being changed or ignored; rather, the property owner is
provided with a form of relief from the strict terms of a comprehensive zoning
ordinance in order to use the property in a manner that places him in parity with
other uses in the same vicinity and zone and is basically consistent with the
established regulations. In this case, the proposed tandem parking use is
temporary and the slight reduction in stall width is intended to maximize the
number of parking spaces available for public use.
The special circumstances related to the requested Administrative Modification
(stall width reduced by 8 inches) and Administrative Use Permit (tandem
parking) are related to the temporary nature of the use and the necessity to
supply adequate public parking for the area. Detailed findings for the
Administrative Modification are included in as Attachment No. 4.
CONCLUSION:
Staff believes that the project is compatible with the area and the purpose and
standards of the IG zone. Staff further believes that the project meets all other
zoning provisions and is consistent with the requirements to make the findings
necessary to grant an Administrative Modification for parking as set forth in
Culver City Municipal Code (CCMC) Chapter 17.550 (Variances and
Administrative Modifications), and that it meets the standards for tandem parking
set forth in CCMC Chapter 17.320 (Off-Street Parking and Loading).
FISCAL ANALYSIS:
This is a private venture with no City or Agency funds reserved for the project. If
the City under separate action chooses to consider sale or lease of the Rail Spur City of Culver City, California
Agenda Item Report
to the applicant, it may produce land or rent proceeds for the City which would
be addressed in a staff report on that specific topic. The added parking will help
secure parking for area businesses which may ultimately result in added sales
and tax revenues to the City. The use will not likely generate additional City
service costs if it is improved pursuant to the conditions of approval.
ATTACHMENTS:
1. Proposed Tandem Parking Layout Plans
2. Plan for Implementation of Tandem Parking/Parking Attendant System
3. Draft Covenant Amendment
4. Draft Conditions for AUP and AM
MOTION:
That the City Council:
A. (Staff Recommendation) Direct staff to prepare a resolution which (1)
Approves the amendment to the Warner Lot Parking Covenant to permit
tandem parking and (2) grants the application in part, by approving the
Administrative Use Permit and Administrative Modification for the Warner Lot
only; and continue the Public Hearing to May 17, 2010.
OR
B. Direct staff to prepare a resolution which (1) approves the amendment to the
Warner Parking Lot Covenant to permit tandem parking and (2) grants the
application by approving the Administrative Use Permit and Administrative
Modification, in its entirety, conditioned on the City Council’s approval for use
of the Rail Spur property (which action would be considered at a future City
Council meeting); and continue the Public Hearing to May 17, 2010.
OR
C. Direct staff to prepare a resolution which denies the Warner Lot Parking
Covenant amendment and the Administrative Use Permit and the
Administrative Modification application; and continue the Public Hearing to
May 17, 2010.
MEETING DATE: 05.10.10
AGENDA ITEM: PUBLIC HEARING - Consideration of Amending a Public
Parking Covenant to Permit Tandem Parking and
Adopting a Resolution (1) approving an Administrative
Use Permit for Tandem Parking and (2) an
Administrative Modification to Allow a Reduction of
Parking Stall Widths on an Existing Surface Parking Lot
at 8511 Warner Drive.
ATTACHMENTS
Pages
1. Proposed Tandem Parking Layout Plans 1-2
2. Plan for Implementation of Tandem Parking/Parking
Attendant System 3-5
3. Draft Covenant Amendment 6-12
4. Draft Conditions of Approval 13-14
5. Correspondence 15-16 DIAGRAM 1
ATTACHMENT 1
1DIAGRAM 2
ATTACHMENT 1
2ATTACHMENT 2
3ATTACHMENT 2
4ATTACHMENT 2
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|1010|OFFICIAL BUSINESS Document
entitled to free recording per
Government Code Section 6103 and 27383
Recording Requested by
And When Recorded Return to:
CITY OF CULVER CITY
9770 Culver Boulevard
Culver City. California 90232
Attention: City Manager
____________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FIRST AMENDMENT OF PUBLIC PARKING COVENANTS
AFFECTING REAL PROPERTY
THIS FIRST AMENDMENT OF PUBLIC PARKING COVENANTS AFFECTING REAL
PROPERTY (“Amendment”) is entered into by and between THE CITY OF CULVER CITY, a
municipal corporation (the “City”) and CONJUNCTIVE POINTS WARNER DEVELOPMENT,
LLLP, a Delaware limited liability limited partnership (the “Conjunctive Points”).
RECITALS
A. City and Conjunctive Points entered into that certain Purchase and Sale Agreement dated
March 28, 2006, which was amended by that certain Amendment to Purchase and Sale Agreement
dated _____________,2008 (collectively the “Purchase Agreement”), incorporated herein by this
reference, wherein City conveyed to and Conjunctive Points acquired, subject to the Public Parking
Covenants, that certain real property legally described in the “Legal Description” attached hereto as
Exhibit “A” and incorporated herein by this reference (the “Property”).
B . Pursuant to the Purchase Agreement, City and Conjunctive Points entered into that certain Public
Parking Covenants Affecting Real Property which was recorded against the Property on June 12, 2006,
as Document Number 06-1279457 among the official records of the County Recorder of the County of
Los Angeles (the “Official Records”), as clarified by that certain Clarification of Public Parking
Covenants recorded on December 17, 2008 in the Official Records as Document No. 2008-2212286 (the
“Public Parking Covenants”), incorporated herein by this reference. Any capitalized term not defined
herein shall have the meaning ascribed to such term in the Public Parking Covenants.
C . On March 11, 2009, Conjunctive Points filed for an Administrative Use Permit (“AUP) with the
Culver City Planning Division for authority to tandem park on the Property which would allow for an
additional 56 parking spaces at the Property. The AUP included a management and operation plan. The
Public Parking Covenants do not currently allow for tandem parking and require an amendment to the
Public Parking Covenants. The parties hereto now desire to amend the Public Parking Covenants to
allow for tandem parking on the Property, subject to and in accordance with all terms and
conditions of this Amendment.
ATTACHMENT 3
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|1010|
AMENDMENT OF THE PUBLIC PARKING COVENANTS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set
forth herein, City and Conjunctive Points hereby agree as follows:
1. Extension of Term of Public Parking Covenants. The term of the Public Parking Covenants is
hereby extended an additional five (5) years, such that the term expires fifteen (15) years following the recordation of
the Public Parking Covenants.
The definition of “Term” in the “Definitions” section of the Public Parking Covenants shall be deleted in its
entirety and replaced with the following:
““Term” shall mean a fifteen (15) year period ending fifteen (15) years following recordation of these Public
Parking Covenants.”
2. Tandem Parking. Section 1.a of the Parking Covenants shall be amended to add
the following Subparagraph:
“(15) During the Term of these Public Parking Covenants and thereafter, Buyer
shall have the right to implement tandem parking on the existing surface parking
lot currently located on the Property subject to a specific management and
operation plan first approved in writing by the City Manager or designee, in the
City Manager or designee’s sole and absolute discretion, which approval may be
conditioned upon the satisfaction of such terms and conditions as the City
Manager or designee may prescribe. The management and operations plan shall
contain, among other things, a provision requiring a minimum of two (2)
employees of Buyer to be present and remain on the Property at all times between
the hours of ____ to ______ to assist with the parking and retrieval of vehicles to
facilitate the orderly operation of the tandem parking.
The use of tandem parking will result in 56 additional parking spaces on the
Property in excess of the two hundred forty-two (242) Public Parking Spaces (the
“Tandem Parking Spaces”). All costs associated with installing, implementing,
maintaining and operating the tandem parking and the Tandem Parking Spaces
shall be paid solely by Buyer. The rental rate for the Tandem Parking Spaces shall
be subject to the fair market Parking Rate requirements of Paragraph 1.a (8),
above, except and unless: (1) a different rental rate for the Tandem Parking Spaces
is first approved in writing by the City Manager or designee; or (2) the rental rate
for the Tandem Parking Spaces is not effective until after the expiration of the
term of these Public Parking Covenants.
The use of tandem parking and the Tandem Parking Spaces shall not increase
Buyer’s obligation to provide the two hundred forty two (242) Public Parking
ATTACHMENT 3
7DRAFT
|1010|Spaces required in this Public Parking Covenant except as follows:
a. Buyer shall first offer the use of the Tandem Parking Spaces (i) to
Public Users that are not affiliates of Buyer and/or Samitaur
Constructs, and (ii) to the Willows Community School; and
b. Before offering the use of the Tandem Parking Spaces to (i)
anyone other than a Public User that is not an affiliate of Buyer
and/or an affiliate of Samitaur Constructs or (ii) the Willows
Community School, Buyer shall provide evidence satisfactory to
the City Manager or designee that Buyer made diligent and good
faith attempts and efforts to rent such Tandem Parking Spaces to
(i) Public Users that are not affiliates of Buyer and/or Samitaur
Constructs and (ii) to the Willows Community School; and
c. Before offering the use of the Tandem Parking Spaces to an
affiliate of Buyer or an affiliate of Samitaur Constructs, Buyer
shall provide evidence satisfactory to the City Manager or
designee that Buyer made diligent and good faith attempts and
efforts to rent such Tandem Parking Spaces to (i) Public Users that
are not an affiliate of Buyer and/or an affiliate of Samitaur
Constructs and (ii) the Willows Community School.
Buyers right, subject to the terms and conditions herein, to implement and
operate tandem parking and Tandem Parking Spaces granted in this paragraph
(15) solely applies to the implementation and operation of tandem parking and the
Tandem Parking Spaces on the existing surface parking lot currently located on
the Property and does not include, extend or apply to any Substituted Parking (as
defined herein), a Parking Structure (as defined herein) or that certain railroad
easement owned by the City abutting the Property.”
3. Conjunctive Points acknowledges and agrees that this Amendment does not
modify or alter in any way the manner in which the parking rate paid to Buyer by the Public
Users and the Willows Community School for the use of the Public Parking Spaces is
determined under the Public Parking Covenants. Conjunctive Point further acknowledges and
agrees that (i) that the term “Property” as used herein and in the Public Parking Covenants does
not include any portion of that certain railroad easement owned by the City abutting the Property,
and (ii) this Amendment does not in any way grant Conjunctive Points permission, authority or
right to access, use or occupy any portion of that certain railroad easement owned by the City
abutting the Property.
4. This Amendment does not (i) grant or guarantee any entitlement to any additional
parking spaces to Public Users or the Willows Community School beyond the 242 total parking spaces
allocable to the Public Users and the Willows Community School as set forth in the Public Parking
Covenants, except as set forth herein, (ii) grant Conjunctive Points permission, authority or right to
access, use or occupy any portion of that certain railroad easement owned by the City abutting the
ATTACHMENT 3
8DRAFT
|1010|Property at any time, (iii) grant Conjunctive Points permission, authority or right to implement tandem
parking in connection with any Substituted Parking or a Parking Structure, or (iv) amend any City laws,
codes or rules relating to the allocation or use of parking spaces.
5. Should a conflict arise between this Amendment and the Public Parking
Covenants, the provisions of this Amendment shall prevail.
6. Except as expressly provided otherwise in this Amendment, the Public Parking
Covenants remain in full force and effect, enforceable in accordance with its terms, without
diminution or waiver of any kind of right or remedy of the City thereunder.
7. This Amendment shall become effective upon its execution by the City Manager
or designee.
[remainder of page intentionally blank]
[signatures continued on the following page]
ATTACHMENT 3
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C:\Documents and Settings\lisa.pangelinan\Local Settings\Temporary Internet Files\Content.Outlook\29GEU0IR\First Amd to
Parking Cov (KBB Comments)(1) (2).doc |1010|
IN WITNESS WHEREOF, City and Conjunctive Points have signed this Amendment as
of the dates set opposite their signatures.
Dated: _______________, 2010 “City”
CITY OF CULVER CITY
By: _______________________________
P. Lamont Ewell
Interim City Manager
APPROVED AS TO FORM:
By: _________________________
Carol A. Schwab
City Attorney
APPROVED AS TO CONTENT:
By: _________________________
Sol Blumenfeld
Community Development Director
KANE, BALLMER & BERKMAN
Special Counsel
By: _________________________
Murray O. Kane
[signatures continued on the following page]
ATTACHMENT 3
10DRAFT
|1010|
“Conjunctive Points”
“CONJUNCTIVE POINTS WARNER
DEVELOPMENT, LLLP. a Delaware limited
liability limited partnership
Dated: ______________, 2010 By: __________________________________
Frederick N. Smith, President of
Conjunctive Points Warner Development,
Inc., General Partner of Conjunctive Points
Warner Development, LLLP
ATTACHMENT 3
11DRAFT
|1010|Exhibit A
LEGAL DESCRIPTION
All the certain real property located in the City of Culver City, County of Los Angeles. State of
California, described as follows:
Lots 30, 31,32 and. 33 of Tract No. 13503, in the City of Culver City, as per map recorded in Book 278
pages 38 and 39 of Maps, in the office of the county recorder of said county.
Except the Easterly 21 feet of said lot 33 and the Northerly 25 feet of said lots 30, 3 1, 32 and 33.
APN: 4205-023-901
ATTACHMENT 3
12Draft Conditions of Approval
1. The final drawings submitted for this approval shall conform to the preliminary
development plans date stamped March 19, 2010. A maximum of 298 parking
spaces shall be provided on the subject property with 248 of the spaces in
double tandem configuration and 9 in triple tandem configuration for a total of
257 tandem spaces. The final drawings submitted for this approval shall conform
to the preliminary development plans date stamped March 19, 2010.
2. The approval of Administrative Use Permit P-2009039 and Administrative
Modification P-2009040 is contingent upon approval of the Public Parking
Covenant to permit tandem parking and the conveyance of city property (the
Rail Spur).
3. Administrative Use Permit P-2009039 and Administrative Modification P-
2009040 shall expire unless the use has commenced on the site within one (1)
year after the effective date of this approval or prior to the approval 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 filed by or on behalf of the applicant/property owner and, thereafter,
an extension is granted by the Community Development Director.
4. The parking spaces shall meet all requirements of Culver City Municipal Code
(CCMC) Chapter 17.320-Off Street Parking and Loading and all other applicable
requirements of CCMC Title 17- Zoning.
5. 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 Use Permit, AUP P-2009039, and
Administrative Modification, AM P-2009040.
6. The City Council may revoke or modify the Administrative Use Permit and/or the
Administrative Modification if the conditions of approval herein are not complied
with. Prior to such revocation or modification, timely notice and response
opportunities shall be given to the applicant.
7. Prior to the utilization of the parking lot for tandem parking, a parking lot striping
plan that meets all requirements of CCMC Chapter 17.320-Off Street Parking
and Loading and all other applicable requirements of CCMC Title 17- Zoning
shall be submitted to the Planning Division. The plans must demonstrate a
minimum of 8’-4” in width for all tandem parking spaces.
8. Prior to the utilization of the parking lot for tandem parking, a final parking lot
operations and management plan outlining the provisions for implementation of
tandem parking and the parking attendant system consistent with the plan
ATTACHMENT 4
13submitted as part of the AUP application on March 19, 2010 shall be reviewed
and approved by the Community Development Director.
9. Prior to the utilization of the parking lot for tandem parking, an amendment, as
approved by the City, to Public Parking Covenants Affecting Real Property
recorded on June, 12, 2006 in the Official Records of the Los Angeles County
Recorder’s Office as Document No. 06-1279457 to permit tandem parking on
the subject property shall be recorded.
10. All planted areas shall be landscaped, irrigated and maintained pursuant to
CCMC Title 17 – Chapter 17.310, Landscaping.
11. By taking any benefit of this approval , the applicant and the property owner
jointly and severely hereby agree to 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 approval of the project.
ATTACHMENT 4
14Dear Honorable Mayor and City Council Members:
We are writing this letter for the purpose of advising you of our concerns in reference to
the request by Conjunctive Points Warner Development, LLC (“CPWD”) regarding
“tandem parking” at the Warner Lot. We understand this request is to be heard in both
open and closed sessions of council.
Whereas the request and plan appears simple, in fact, it is quite complex. It attempts to
combine different issues into one request that if approved as proposed will harm many
property owners in the Hayden Tract.
The concept of tandem parking at the Warner Lot might be something we can support,
however, giving our full support would require understanding and hopefully offering
input toward the modifications of the existing covenant.
Our main concern is the manner in which the application discusses permission for tandem
parking beyond their property and to include the city owned “former railroad easement”.
We are opposed to this concept and the linking of permission to include anything but
their own property.
Currently all of the property owners on the spur (former rail easement) between Hayden
Avenue and Eastham Avenue are in discussions with the Community Development
Agency for purposes of developing a “Co-op Parking District” that would greatly assist
with some of the parking demands in the area while utilizing our own properties.
The sale or lease of the city’s portion of the spur to “CPWD” will interfere with our
efforts and intentions as well as strengthen “CPWD’s” monopoly of parking in the area.
We request that you separate the “CPWD” request and not allow the proposal to be
combined into one.
We also request that you postpone any consideration for tandem parking on the city
owned spur property until there is a determination of how that property will be utilized.
Many of you know there is a long history with the “CPWD”, Warner Lot, its adjacent
Hayden Tract properties and owners. As we are aware of this history we would imagine
that the questionnaire that “CPWD” circulated to the Hayden Tract could be portrayed by
them in a manner that ultimately could hurt us.
We ask you to please be transparent and equitable and make the best deal for the greater
good of the area, its property owners and the City.
Sincerely,
Michael Wellman - 3578 Hayden Avenue
David Freitag - 3623 Eastham and 8439 Warner Avenue
ATTACHMENT 5
15Bobby Perez - 8468 Warner Avenue
Jim Jacobsen - 8500 Steller Drive and 8440 Warner Drive
George Schlatter - 8476 Steller Drive
Tom Walsmith - 8454 Steller Drive
Greg Toomey - 8432 Steller Drive
ATTACHMENT 5
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