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 July 12, 2010, at which time the Resolutions will
be considered by the City Council related to a proposed amendment to the
Public Parking Covenant, the Administrative Use Permit, and Administrative
Modification for the property located at 8511 Warner Drive (the Warner Lot).:
The City Council may wish to consider the following options this evening:
A. Direct staff to prepare a resolution for the City Council’s consideration on
July 12, 2010 which grants the approval in its entirety, by approving the
Administrative Use Permit and Administrative Modification as proposed
which allow tandem parking on the Warner Lot and approves an
amendment to the existing Warner Lot Covenant to allow the tandem
parking use;
OR
B. (Staff Recommendation) Direct staff to prepare a resolution for the City
Council’s consideration on July 12, 2010, which conditionally approves
the Administrative Use Permit, the Administrative Modification subject to
operational conditions, and an amendment to the existing Warner Lot
Meeting Date: 6/28/10 Item Number: PH-2
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Consideration of Directing
Staff to Prepare a Resolution Approving (1) an Administrative Use Permit for
Tandem Parking and (2) an Administrative Modification to Allow a Reduction of
Parking Stall Widths and (3) Amending a Public Parking Covenant to Permit
Tandem Parking and on an Existing Surface Parking Lot at 8511 Warner Drive.
Contact Person/Dept.: Thomas Gorham,
Sol Blumenfeld CDD
Phone Number: (310) 253-5727
(310) 253-5702
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X ] Action Item: [] Attachments: [X]
Public Notification: (USPS) Notices to all property owners and occupants within a 500-
foot radius of the project site (4/30/10); (E-Mail) Meetings and Agendas – City Council
(05/05/10); Applicant and property owner.
Department Approval:
Sol Blumenfeld (06/22/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/23/10)
Agency General Counsel:
Murray Kane (05/05/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/05/10)
City Manager Approval:
P. Lamont Ewell (05/06/10) City of Culver City, California
Agenda Item Report
Covenant which allows tandem parking at the property located at the
Warner Lot)
OR
C. Direct staff to prepare a resolution which denies the application in its
entirety.
PROCEDURE:
1. Mayor calls on staff for a brief staff report and the City Council poses
questions to staff as desired.
2. Mayor declares the public hearing open, providing the applicant the first
opportunity to speak, followed by the general public.
3. The City Council discusses the matter and provides direction to staff.
4. The Mayor declares the public hearing continued to July 12, 2010 to allow
staff to prepare resolutions for consideration by the City Council once the
public hearing has been concluded.
BACKGROUND:
This item was originally scheduled for consideration by the City Council on May
10, 2010. At that time, the City Council granted a request by the applicant to
continue the public hearing to June 7, 2010. On June 7, 2010, the City Council
further continued the public hearing to this evening. Based upon discussion
between staff and the applicant, this report has been updated and the staff
recommendation has changed from the one presented to the City Council on
May 10, 2010. The updated paragraphs are denoted in BOLD ITALICS.
On March 19, 2010, Samitaur Constructs submitted a complete application for
an Administrative Use Permit (AUP) and an Administrative Modification (AM) to
permit tandem parking with reduced stall widths at the Warner Lot. The
complete application also includes using a portion of an abutting Rail Spur which
is owned by the City. The proposed tandem parking is intended to provide
additional parking for Hayden Tract businesses. The Hayden Tract historically
contained industrial buildings with substantial lot coverage and little surface
parking. Over the last fifteen years, many of the area buildings have been
remodeled to accommodate service and creative office uses with heavier
parking demand. However due to the nature of the recent building renovations,
many have not supplied additional parking. Consequently, parking is
undersupplied in the area. The proposed AUP for tandem parking is intended to City of Culver City, California
Agenda Item Report
help alleviate undersupplied parking in the area. In addition, the application
references use of tandem parking and a shuttle bus service to access other
Samitaur Constructs parking facilities, but there is inadequate information
supplied to assess these proposals, and they are not being considered under
this application. The project will be considered first, and then depending upon
the direction received, staff will bring back the appropriate draft Resolution for
consideration at the July 12, 2010 City Council meeting.
The matter was set for public hearing on May 10, 2010, however, the
applicant submitted a letter requesting a continuance to allow additional
time to present their views on staff’s recommendations regarding the
application.
The proposed sale or lease of the Rail Spur required a separate real estate
transaction by the City Council and on May 26, 2010, the City Council
considered the proposal and declined to provide negotiation instructions
to staff. Consequently the City Council is considering tandem parking
only on the Warner Lot tandem parking application.
Recent Discussions with Applicant:
Staff met with the applicant in May and June to find a mutually acceptable
way to move forward on the project. The “last best offer” submitted by
staff is summarized below. A copy of the applicant’s comments are
attached.
From staff’s perspective, while the applicant is providing needed public
parking, the proposed tandem parking used to increase the lot’s capacity
creates inconvenience because half of the spaces are no longer directly
accessible. Those parking in the lot will be required to wait for parking lot
operators to retrieve cars. To compensate for the inconvenience, staff is
recommending that the covenant be amended as follows:
§ The term of the covenant shall expire on 2016 (No change from original
covenant);
§ The rental rate for the tandem spaces shall be subject to the Fair Market
Parking Rate requirements of the original covenant for the original 242
spaces and may be increased for the new tandem spaces to recover
costs to the break even point;
§ The tandem parking for the original 242 spaces shall be made available
first to public users (including Willows School) that are not affiliates of
Samitaur Constructs (No change from original covenant); City of Culver City, California
Agenda Item Report
§ Reallocation of the original 242 spaces shall not commence for three
years and the new tandem spaces (56 spaces) may be reallocated for all
Hayden Tract property owners immediately on a pro rata basis (with
confirmation of reallocation method by the City).
§ After year three all spaces to be reallocated on pro rata basis.
§ A specific management and operations plan shall be approved by the
City.
The applicant has rejected the proposed changes involving deferral of the
reallocation of the original 242 spaces and believes that Samitaur
Constructs is entitled immediately to a pro rata share of all the tandem
parking and feels the current allocation of parking is inequitable.|1010|
However, the applicant has also offered to defer the reallocation for an
unspecified period until “the impacts of tandem parking are known.” The
applicant has offered to provide a $130 per month cap on the price of
parking so long as it is consistent with fair market pricing, but qualifies the
offer with an exception where a parker wants to commit to a long term
lease at a higher rate than proposed under the cap, which effectively
means that the parking rate is whatever price the applicant can obtain for
the parking. This violates the fair market rent definition as well as violating
the “fair, equitable and reasonable” provisions of the original covenant.
Project Site:
The Warner Lot is located on a 75,800 sq. ft. surface parking lot that currently
contains 242 parking spaces. It was originally owned by the City and sold to
Samitaur Constructs in June 2006, for the purpose of constructing a public
parking garage and other ancillary uses. Entitlements to construct a 775 space
parking structure, along with 51,520 square feet of commercial space, were
received on August 3, 2009, for which the developer is currently pursuing project
financing. In the interim, Samitaur Constructs is requesting approval to provide
tandem parking on the Warner Lot and to relieve area parking demand.
Summary of Project Approvals requested by Applicant
§ Modification of Warner Lot Covenant to Permit Tandem Parking
§ Sale or Lease of Adjacent Railroad Spur (The City Council determined
not to provide any negotiating instructions to staff for the sale or
lease of the property and this portion of the application is not being
considered.)
§ AUP for Tandem Parking for the Warner Lot and Rail Spur (Only the
application relating to the Warner Lot is being considered at this City of Culver City, California
Agenda Item Report
time as the City Council determined not to provide any negotiating
instructions to staff for the sale or lease of the Rail Spur property.)
§ Administrative Modification to Allow Less than 9’-0” for Stall Width
Project Request:
In 2006, the Warner Lot was sold to Samitaur Constructs with a ten year
restrictive covenant (the covenant remains effective for approximately six more
years and expires in 2016). Among the covenant provisions are prohibitions on
changes to the operation or use of the Warner Lot as a public parking facility
without prior written authorization of the City Council. Therefore, in case the City
Council wishes to permit changes to the operation of the Warner Lot (including
the use of tandem parking), an amendment to the covenant is required. The
applicant proposes two Options, both of which would require an amendment to
the covenant.
The applicant has submitted two options for restriping the Warner Lot to
accommodate tandem parking (Attachment No. 1). Option 1 would restripe and
provide other improvements to create 298 parking spaces, a net increase of 56
spaces from the existing 242 spaces. Option 2 is not being considered since it
involves use of the Rail Spur to create an additional 40 spaces (for a total of 338
spaces, or a net increase of 96 spaces from the existing 242 spaces).
California Environmental Quality Act (CEQA):
Section 15301 of the CEQA Guidelines exempts projects involving minor
alterations to existing facilities from CEQA review. This project is categorically
exempt from CEQA review since it involves a minor alteration to an existing
structure, facility or topographical feature.
DISCUSSION:
Parking Covenant
The Proposed Covenant Amendments -- Attachment No. 3) include new
provisions to allow tandem parking on the Warner Lot subject to approval of an
“Operations Plan” (Attachment No. 2) which includes the requirements for
parking lot attendants to be available at specified hours to assist with parking
and orderly retrieval of tandem parked vehicles.
The Proposed Covenant Amendments specify the total number of tandem
spaces in excess of the currently supplied 242 stalls and that all costs for City of Culver City, California
Agenda Item Report
implementing the tandem parking are borne by the buyer (applicant). The
Proposed Covenant Amendments are consistent with the fair market rate
requirements in the original covenant, and that the original 242 spaces shall first
be reserved for non-Samitaur affiliates. Further, the Proposed Covenant
Amendments include an extension of the Covenant for an additional three years
in consideration for the inconvenience of tandem parking and that the term of
the Covenant expires nine years after the date of its initial effective date.
Tandem Parking Layout
As noted above, the Warner Lot currently has 242 parking spaces. Access to
the lot is provided from two driveways off of Warner Drive. The existing parking
spaces are laid out in a 90 degree configuration with access off of 3 east-west
and 2 north-south two-way drive aisles. There are currently 7 handicap parking
spaces provided.
The proposed tandem parking layout would utilize the existing driveways and
layout the tandem parking in a 90 degree configuration with access off of 2 east-
west and 2 north-south two-way drive aisles. In Option 1, a total of 298 parking
spaces are proposed (a net increase of 56 spaces). 248 of the spaces would be
in double tandem configuration and 9 in triple tandem configuration for a total of
257 tandem spaces. 41 non-tandem spaces would remain (17 each along the
west and east sides of the lot and 7 handicap spaces).
Culver City Municipal Code (CCMC) Section 17.320.035.C.1.b requires
tandem parking spaces to be a minimum of 9’ in width by 18’ in depth and
not more than 3 spaces deep. The tandem parking spaces are proposed to be
8’-4” in width by 18’ in depth. . In order to permit the reduction in tandem stall
width an Administrative Modification is required. Pursuant to CCMC Section
17.550.010 a 10% reduction in the required parking space dimensions is
permitted. The 10 % reduction allows the required 9’ stall width to be
reduced to a minimum of 8’-1.2”. Therefore, the proposed 8’-4” stall width
is within the allowable 10% reduction as shown in the following
calculation:
9’ = 108” and 108” x 10% = 10.8” and 108” – 10.8” = 97.2” or 8’-1.2”
which is < 8’ – 4” and permissible under the Code provision).
Tandem Parking AUP
In order to approve the proposed tandem parking the existing parking covenant
must be amended and specific findings for the AUP must be met. Among these
findings is compatibility of the proposed use with the surrounding area and that City of Culver City, California
Agenda Item Report
the site is physically suitable to accommodate the proposed use. For several
years, the City has pursued strategies to increase parking in the Hayden Tract.
These strategies include: the development of surface parking along the Rail
Spur through establishment of a parking association administered by adjacent
property owners, the development of a parking district to supply parking in public
parking facilities in lieu of providing all required parking on-site, and joint
development of public parking. The proposed tandem parking is consistent with
these measures and will help in providing needed parking for the area that will
not have a detrimental impact since it is intended to satisfy existing parking
demand and will be designed to be compatible with the surrounding area. In
addition, as outlined above, the proposed site is physically suitable to
accommodate the proposed tandem parking layout. Detailed findings for the
AUP will be noted in the draft Resolution.
Administrative Modification -- Stall Width Reduction
In order to approve the proposed stall width reduction, specific findings for the
Administrative Modification must be met. The project does meet the required
finding for Administrative Modifications which states the purpose of the
Administrative Modification is to allow for modifications to a proposed project
when the development standards create an unnecessary, involuntarily created
hardship or unreasonable regulation which makes it impractical to require
compliance with the development standards.
An Administrative Modification, similar to a Variance from the zoning standards,
does not authorize a use or activity which is not otherwise expressly authorized
by the zoning regulations governing the property. An Administrative Modification
only permits minor deviations from the regulations applicable to certain
standards such as setbacks, height, and parking requirements. The zoning
provisions are not being changed or ignored; rather, the property owner is
provided with a form of relief from the strict terms of a comprehensive zoning
ordinance in order to use the property in a manner that places him in parity with
other uses in the same vicinity and zone and is basically consistent with the
established regulations. In this case, the proposed tandem parking use is
temporary and the slight reduction in stall width is intended to maximize the
number of parking spaces available for public use.
The special circumstances related to the requested Administrative Modification
(stall width reduced by 8 inches) and Administrative Use Permit (tandem
parking) are related to the temporary nature of the use and the necessity to
supply adequate public parking for the area. Detailed findings for the
Administrative Modification will be noted in the draft Resolution.
City of Culver City, California
Agenda Item Report
CONCLUSION:
Staff believes the project is compatible with the area and the purpose and
standards of the IG zone. Staff further believes that the project meets all other
zoning provisions and is consistent with the requirements to make the findings
necessary to grant an Administrative Modification for parking as set forth in
CCMC Chapter 17.550 (Variances and Administrative Modifications), and that it
meets the standards for tandem parking set forth in CCMC Chapter 17.320 (Off-
Street Parking and Loading).
FISCAL ANALYSIS:
This is a privately funded venture with no City or Agency funds reserved for the
project. The added parking will help secure parking for area businesses which
may ultimately result in added sales and tax revenues to the City. The use will
not likely generate additional City service costs if it is improved pursuant to the
conditions of approval.
ATTACHMENTS:
1. Proposed Tandem Parking Layout Plans
2. Plan for Implementation of Tandem Parking/Parking Attendant System
3. Draft Covenant Amendment
4. Applicant’s Correspondence and Applicant’s Draft Resolution.
MOTION:
That the City Council:
A. Direct staff to prepare a resolution which (1) approves the amendment to the
Warner Parking Lot Covenant to permit tandem parking and (2) grants the
application by approving the Administrative Use Permit and Administrative
Modification, in its entirety, and continue the Public Hearing to July 12, 2010.
OR
B. (Staff Recommendation) Direct staff to prepare a resolution which (1)
Approves the amendment to the Warner Lot Parking Covenant to permit
tandem parking and (2) grants the application in part, by approving the City of Culver City, California
Agenda Item Report
Administrative Use Permit and Administrative Modification for the Warner Lot
subject to conditions related to parking operations; and continue the Public
Hearing to July 12, 2010.
OR
C. Direct staff to prepare a resolution which denies the Warner Lot Parking
Covenant amendment and the Administrative Use Permit and the
Administrative Modification application; and continue the Public Hearing to
July 12, 2010.
NOTES:
1. Percentages of Occupancy Using 242 total parking spaces:
§ Smashbox (44 spaces, 18%)
§ Willows (52 spaces, 21%)
§ Worldpac (20 spaces, 8%)
§ Jason Natural Products – Organic Cosmetics (40 spaces, 17%)
§ Jim Jacobsen/Dave Wilson Property Tenants (60 spaces, 25%)
§ Classic Party Rentals (22 spaces, 9%)
Total Portion of 242 Spaces Used by Biggest Users: 238; which is 98%*
2. Samitaur Constructs indicates that without tandem parking they are required to
reallocate the existing spaces pursuant to language in the covenant. To date, the
spaces have not been reallocated due to the ongoing negotiations related to the
proposed parking structure. The parking allocations have remained as they were prior
to purchase of the Warner Lot. Reallocation of the spaces could be problematic
because those businesses currently renting spaces
i
will likely have their allocation
reduced.
*Total Portion of 242 Spaces Used by Biggest Users: 238; which is 98%
MEETING DATE: 06.28.10
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.
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. Applicant’s Correspondence and Draft Covenant 13-29
5. Spur Property Owners’ Letter 30-31
DIAGRAM 1
ATTACHMENT 1
1DIAGRAM 2
ATTACHMENT 1
2ATTACHMENT 2
3ATTACHMENT 2
4ATTACHMENT 2
5ATTACHMENT 3
6ATTACHMENT 3
7ATTACHMENT 3
8ATTACHMENT 3
9ATTACHMENT 3
10ATTACHMENT 3
11ATTACHMENT 3
12ATTACHMENT 4
13ATTACHMENT 4
14ATTACHMENT 4
15ATTACHMENT 4
16ATTACHMENT 4
17ATTACHMENT 4
18ATTACHMENT 4
19
60829.4 SMITC402 OTHER_RECORDS |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: Asst. Executive Director
________________________________________________________________________
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 April 22, 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
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
20
60829.4 SMITC402 OTHER_RECORDS |1010|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 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 (collectively 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. City claimed that the Public Parking
Covenants do not currently allow for tandem parking and require an amendment to the
Public Parking Covenants to allow tandem parking. Although Conjunctive Points
disagrees, Conjunctive Points and City both believe it to be in their respective best
interests and the best interests of the owners and tenants of the Hayden Tract community
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 4
APPLICANT'S DRAFT COVENANT
21
60829.4 SMITC402 OTHER_RECORDS |1010|
AMENDMENT OF THE PUBLIC PARKING COVENANTS
NOW, THEREFORE, City and Conjunctive Points hereby amend the Public
Parking Covenants as follows:
1. Tandem Parking. Section 1.a of the Public 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 Agency
Assistant Executive Director.
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 determined by Buyer but not
greater than one hundred thirty thousand dollars ($130,000) per space
subject to increase to match the fair market Parking Rate requirements of
Paragraph 1.a(8), above, except and unless: (1) a different rental rate for
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
22
60829.4 SMITC402 OTHER_RECORDS |1010|Tandem Parking Spaces is first approved in writing by the Agency
Assistant Executive Director; (2) the expiration of the Term of these Public
Parking Covenants; or (3) one or more Public Users sign a parking lease
for one or more of the Tandem Parking Spaces with a term which exceeds
the Term of the Public Parking Covenants.
The use of tandem parking and the Tandem Parking Spaces shall not
increase Buyer’s obligation to provide two hundred forty two (242) Public
Parking Spaces required in the Public Parking Covenants. The Tandem
Parking Spaces shall be allocated to all Public Users (including for
definitional purposes of these Public Parking Covenants affiliates of Buyer
and affiliates of Samitaur Constructs) expressing a need for parking in the
Hayden Tract. The allocation of the Tandem Parking Spaces shall be made
by Buyer in a “fair, equitable, reasonable and balanced basis” which shall
mean for purposes of these Public Parking Covenants a pro rata allocation
based upon the land square footage of each Public User who has expressed
a need for parking in the Hayden Tract. The allocation formula shall
include a numerator of the allocation fraction which shall be the land
square footage of the property of the Public User who has expressed a need
for parking in the Hayden Tract and the denominator shall be the land
square footage of the property of all Public Users expressing a need for
parking in the Hayden Tract.
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
23
60829.4 SMITC402 OTHER_RECORDS |1010|Buyer’s right, subject to the terms and conditions herein, to implement and
operate tandem parking and Tandem Parking Spaces granted in this
paragraph (15) applies solely 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 a Parking Structure (as defined herein) or that certain railroad
easement owned by the City abutting the Property.”
2. This Amendment does not modify or alter how the parking rate paid to
Buyer by the Public Users and the Willow Community School for the use of the 242
Public Parking Spaces is to be determined under the Public Parking Covenants. The term
“Property” as used in the Public Parking Covenants does not include any portion of that
certain railroad easement owned by the City abutting the Property. 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 owed by the City abutting the
Property.
3. This Amendment does not (i) grant or guarantee any entitlement to any
additional parking spaces to Public Users or the Willow 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 Property at any time, (iii)
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
24
60829.4 SMITC402 OTHER_RECORDS |1010|grant Conjunctive Points permission, authority or right to implement tandem parking at
any Substituted Parking location or a Parking Structure, or (iv) amend any City laws,
codes or rules relating to the allocation or use of parking spaces.
4. Should a conflict arise between this Amendment and the Public Parking
Covenants, the provisions of this Amendment shall prevail.
5. 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 any right or remedy of the City or
Conjunctive Points thereunder.
6. 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 4
APPLICANT'S DRAFT COVENANT
25
60829.4 SMITC402 OTHER_RECORDS |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:____________________________
Lamont Ewell
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
“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
State of California )
County of __________________ )
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
26
60829.4 SMITC402 OTHER_RECORDS |1010|On_____________________ before me, _______________________________, a
Notary Public, personally appeared ______________________________, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________________ (Seal)
State of California )
County of __________________ )
On_____________________ before me, _______________________________, a
Notary Public, personally appeared ______________________________, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________________ (Seal)
State of California )
County of __________________ )
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
27
60829.4 SMITC402 OTHER_RECORDS |10 10|On_____________________ before me, _______________________________, a
Notary Public, personally appeared ______________________________, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________________ (Seal)
State of California )
County of __________________ )
On_____________________ before me, _______________________________, a
Notary Public, personally appeared ______________________________, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_______________________________________ (Seal)
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
28
60829.4 SMITC402 OTHER_RECORDS
10
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, 31, 32
and 33.
APN: 4205-023-901
ATTACHMENT 4
APPLICANT'S DRAFT COVENANT
29Dear 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
30Bobby 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
31