City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider the appeal of the Planning
Commission’s approval of the Negative Declaration and Site Plan Review, and
either:
A. Based upon a report from the City Manager indicating a negotiated settlement
was not reached, remand this item to the Planning Commission for
reconsideration; or
B. Deny the appeal and uphold the Planning Commission’s approval.
If the City Council upholds the Planning Commission’s approval, staff will return
with the appropriate resolution adopting the Mitigated Negative Declaration,
approving the Site Plan Review and Tentative Tract Map, and outlining the
findings for denial of the appeal;
C. Grant the appeal in part, but modify the Planning Commission’s approval of
the Project and direct staff to return to the Council with the appropriate
resolution adopting the Mitigated Negative Declaration, approving the Site Plan
Meeting Date: 01/26/09 Item Number: PH-1
AGENDA ITEM: JOINT PUBLIC HEARING CONTINUED FROM THE 12/08/09
COUNCIL MEETING: 1) City Council Consideration of the Appeal of the Planning
Commission’s Approval of Site Plan Review, SPR P2007116, and Negative
Declaration for the Construction of a Mixed-use Building with 26 Residential
Condominium Units and 3,370 Square Feet of Office Space Located at 4043 Irving
Place, 2) Consideration of Tentative Tract Map TTM-P2007117; and,
3) Redevelopment Agency Consideration of the Project as it Relates to the
Redevelopment Plan. (Public Hearing Continued from August 18, September 15,
October 20, November 17, and December 8, 2008).
Contact Person/Dept.:
Thomas Gorham, Planning Manager
Todd Tipton, Redevelopment Administrator
Sol Blumenfeld, Director
Phone Number:
(310) 253-5727
(310) 253-5783
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Notices was provided to Metro Real Estate Development and the
Downtown Neighborhood Association, and the Master E-Mail Notification List on
1/15/09 and 1/22/09.
Department Approval:
Sol Blumenfeld (01/21/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (01/21/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (01/21/09)
City Manager Approval:
Jerry B. Fulwood (01/21/09) City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
Review and Tentative Tract Map, and outlining the findings for modifying the
project; or
D. Grant the appeal in its entirety and overturn the Planning Commission’s
approval.
If the City Council overturns the Planning Commission’s approval, staff will return
with the appropriate resolution outlining the findings for denial of the Site Plan
Review.
Redevelopment Agency (if necessary)
If the City Council denies the appeal and upholds the Planning Commission’s
approval of the project (or takes action to approve a modified project), then Staff
recommends the Redevelopment Agency determine that the proposed project (as
presented or modified by the City Council) is consistent with the Redevelopment
Plan for Component Area No.3, the Downtown Culver City Design for Development
(“DFD”) and applicable Agency documents. Should the City Council grant the
appeal, then staff recommends the Agency take no action on this item.
PROCEDURE:
1. Mayor calls on staff for a brief staff report.
2. Mayor seeks a motion to open the public hearing to allow for public comment, if
any (completed on 11/17/08).
3. Receive comment from the applicant and public (begun on 11/17/08).
4. Mayor seeks a motion to close the public hearing after all testimony has been
presented.
5. Council discusses the matter and arrives at its decision.
6. Agency discusses the matter and arrives at its decision (if necessary).
BACKGROUND:
On December 8, 2008, the City Council conducted an appeal hearing related to the
Property. Upon conclusion of deliberations, the City Council directed staff to meet
with the Metro Real Estate Development (the “Developer”) and the Downtown
Neighborhood Association (“DNA”) in hopes of identifying a project scope that
satisfied each party.
City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
On January 15, 2009, a notice was posted at City Hall and the project site
indicating that the January 20, 2009 public hearing had been rescheduled to
January 26, 2009.
Staff met with the Developer and DNA during four meetings that occurred over
more than ten hours. The DNA summarized their various concerns and staff
worked with the appellants and applicant to clearly define the provisions of the
Zone Code that related to their concerns. The negotiations were summarized at
the end of each meeting to provide focus for the next negotiating session. The
effort was directed toward building consensus on a redesign that was mutually
acceptable to both parties and over the course of the meetings it became evident
that building scale, massing and setbacks were the primary concerns of the
appellant. There were 11 issues discussed at the negotiating meetings, however,
the core issues for the DNA relate primarily to setbacks and massing.
The various issues that were discussed included:
Building Massing & Height
Number of Units & Amount of Commercial
Street Widening
Building Entrances
Amount of Parking
Compressing the building (floor to floor and at the building slab and parking)
Property line wall
There was a concerted effort by all parties to seek resolution over the course of the
negotiations. The appellants tried to maintain focus on their core issues and the
developers represented their interests relating to financial viability and what they
felt was an optimal design. The developer prepared revised plans and perspective
drawings and the proposed building changes were eventually laid out with tape
measurement and chalk in the field to further illustrate the redesign. These efforts
helped to advance the discussions.
DISCUSSION:
Project Modifications
The project has been modified to accommodate the core concerns of the DNA
related to building height and massing. The building height|1010| now varies from 34’-6”
to 45’. The proposed revisions to the project result in the following:
|1010| Building height is measured from the existing grade at the base of the building to the top of the
building at any point along the building’s length. The existing grade of the subject site slopes
upward approximately 2.7 feet from Lafayette to Irving Place. City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
The building’s height has been reduced through redesign (flattened roof and by
depressing the subterranean garage);
The building massing has been reduced through the use of building setbacks
and stepbacks;
The building setbacks have been increased to be comparable with other
setbacks in the area i.e., the Meralta Office Building is setback 17 feet on
Lafayette and 13.6 feet on Irving.
Traffic in the neighborhood should be reduced by installing a partial cul-de-sac
on Irving|1010|; and
The amount of commercial square footage has been reduced, which will
minimize the number of trips to and from the building.
The proposed changes are summarized on the table below:
Building
Issues
Planning Commission
approved project
Revised project
based on
negotiations
Building Height|1010| 37’-46’ 34’-6” – 45’
Building Square Footage 43,756 sq.ft. 39,337 sq.ft.
Commercial Area 3,370 sq.ft. 1,403 sq.ft.
Residential Area 37,625 sq.ft. 34,845 sq.ft
Dwelling Units 26 28
Setbacks:
Lafayette 5’-1” 15’
Irving 5’ 15’
North 6’ 6’
South|1010|
Floor 1 10’ 14’
Floor 2 15’-3” 14’
Floor 3 22’-3” 20’-6”
Floor 4 66’ 66
Commercial units 3 1
Parking 68 66
Proposed Supplementary Conditions of Approval
In the event that the project is approved as revised, staff recommends the following
additional conditions of approval:
|1010| The conceptual nature of the plans requires confirmation by a licensed Civil Engineer. |1010| Building height as measured from existing grade |1010| 60 degree clear zone building stepback requirement City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
1. Creation of a cul-de-sac on Irving Street (relocating the existing traffic
barrier at A Street) to reduce traffic in the neighborhood through a required
developer street dedication; this would require approval through the
Neighborhood Traffic Management Plan (NTMP) process.
2. Subterranean encroachment within newly dedicated right of way (beneath
the sidewalk) to accommodate a portion of the subterranean parking
structure; this would require submittal of an engineered drawing for Public
Works Department approval.
3. Definition of the “amenity room” on the first floor of project plans as a portion
of the common area on the Tentative Tract Map.
Proposed Administrative Approvals
In the event that the project is approved as revised, staff will make the following
administrative approvals:
1. Allowance of a single elevator to serve both commercial and residential
uses due to the minimal amount of commercial space (pursuant to Zone
Code section No. 17.400.065.F.6.c).
2. Relief from requirement to separately gate commercial from residential
parking due to minimal amount of commercial space (pursuant to Zone
Code Section No. 17.400.065.I.1.b).
3. Relief from requirement to provide separate trash area for commercial and
residential uses, due to minimal amount of commercial space (pursuant to
Zone Code Section No. 17.400.065.F.9).
Redevelopment Agency
The proposed development is consistent with the land use designation for this site
and other applicable provisions of the Redevelopment Plan for the Culver City
Redevelopment Project Component Area No. 3.
The property is within the Downtown Culver City Design for Development (DFD).
The DFD has provisions relating to height, setbacks, parking, landscaping,
architectural design, building exteriors (Downtown storefront guidelines) signs,
refuse areas, security fencing and uses. The proposed development is in
conformance with all applicable provisions of the DFD as it complies with each of
these development provisions.
On January 31, 2007, the Agency closed escrow on the sale of 4043 Irving to
Metro Real Estate and Development. At the time of sale a restriction was placed
on the grant deed that limited the use of the Site to a mixed use project consisting
of 28 residential units and 3,500 sq.ft of office. The deed restriction ensured that
the developer would not increase the number of residential units or commercial City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
square footage beyond what Metro Real Estate and Development had proposed at
the close of escrow.
The project approved by the Planning Commission on April 9, 2008 consists of 26
residential units and 3,370 square feet of commercial space, which is consistent
with the deed restrictions. The revised project involves the development of 28
residential units and 1,403 square feet of commercial space, which is also
consistent with the deed restrictions as described above.
CONCLUSION:
The City Council directed that staff work with the appellants and applicants to seek
a mutually acceptable solution. There has been a concerted effort to make
concessions and seek a resolution that is mutually acceptable to all parties. The
revised project is consistent with applicable requirements of the Zone Code and
the provisions of the General Plan, and staff believes that the Council should
favorably consider the proposed modifications and approve the project as
redesigned.
CEQA FINDING:
The initial study conducted for the project dated March 27, 2008 determined there
were no potential significant environmental impacts associated with the project that
could not be mitigated to a level of insignificance. The initial study utilized four
technical studies: (1) Traffic Study dated December 31, 2007 to assess the
projects potential traffic impacts; (2) Preliminary Soil Investigation dated April 17,
2007 to access potential impacts related to excavation and shoring; (3) & (4)
Phase 1 Environmental Site Assessment from 1993 and a Phase II Environmental
Site Assessment from 1995 that analyzed potential hazardous material that may
have previously existed on the site.
As noted above, additional information pertaining to potential hazardous materials
on the site was discovered after adoption of the Negative Declaration by the
Planning Commission. Therefore, staff has revised the initial study (Attachment
No. 11) and prepared a Mitigated Negative Declaration (Attachment No. 12) with
mitigations requiring that the impacted soil be separated from the excavated clean
soil; that it be transported to an appropriate disposal facility; and that further
confirmation testing be completed during excavation to confirm the removal and
disposal of all lead impacted soil. Should the project be approved, staff
recommends that the City Council adopt the Mitigated Negative Declaration. These
requirements will also be part of the project resolution. City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
FISCAL ANALYSIS:
The Redevelopment Agency sold the subject property to the developer in FY 2006-
07 for approximately $3.1 million. This is a private venture project with no financial
participation by the City or Agency. If the Project is approved, then the City would
gain both commercial and residential taxes (i.e. business tax, sales tax, utility
users tax, and additional tax increment) once construction is completed, all the
units are sold, and all commercial/office space is leased.
Additionally, there is staff time associated with the initial processing the Site Plan
Review (and related entitlement applications) and the appeal of that review. A
portion of the cost of staff’s time is recovered through user fees and charges, at the
cost recover level approved by City Council.
With the currently proposed project design, the City will derive somewhat less
commercial revenue which will be offset somewhat by the added property tax
revenues from the two additional dwelling units.
ATTACHMENTS:
1. Planning Commission approved project digital renderings.
2. Revised project digital renderings.
3. Revised project plans dated January 26, 2009.
4. December 8, 2008, City Council and Redevelopment Agency Agenda Item
Report.
To conserve resources, the following attachments have not been reproduced since
they were previously distributed with the November 17 staff report:
1. Letter from Appellants, November 22, 2008
2. Revised Project Plans
3. Development Comparison Table
4. April 9, 2008 Planning Commission Staff Report Including all Attachments as
Listed Below:
• Area Map
• Aerial Photo
• Project Summary
• Negative Declaration
• Initial Study (Attached in the November 10, 2008 staff report) City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
• Traffic study for the 4043 Irving Place Mixed-Use Project prepared by Raju
Associates, Inc. received on December 31, 2007 (Attached In November 10,
2008 staff report
• Preliminary Soil Investigation prepared by Hu Associates, Inc. dated April
17, 2007. (Attached In November 10, 2008 staff report
• Written Public Comments (Attached in the November 10, 2008 staff report)
5. Planning Commission Adopted Resolution No. 2008-P005
6. Appeal filed on April 24, 2008
7. Minutes of the April 9, 2008 Planning Commission Public Hearing
8. Planning Commission Approved Plans
9. July 30, 2008 Culver City Downtown Neighborhood Association Letter
10. Correspondence between applicant and appellant
11. Supplemental Traffic Analysis
12. Revised Initial Study
13. Proposed Mitigated Negative Declaration
14. Further Site Characterization Summary Letter- January 30, 2007
15. Correspondence to Meghan Sahli Wells - October 27, 2008
16. City Consulting Traffic Engineer Memo - October 14, 2008
MOTION(S):
That the City Council:
A. Remand this item to the Planning Commission for reconsideration; or
B. Deny the appeal and uphold the Planning Commission’s approval of the
project; and direct staff to return to the Council with the appropriate
resolution adopting the Mitigated Negative Declaration, approving the
Site Plan Review and Tentative Tract Map, and outlining the findings for
denial of the appeal and approval of the Project; or
C. Grant the appeal in part but modify the Planning Commission’s
approval of the Project and direct staff to return to the Council with the
appropriate resolution adopting the Mitigated Negative Declaration,
approving the Site Plan Review and Tentative Tract Map, and outlining
the findings for modifying the project; or
D: Grant the appeal in its entirety and overturn the Planning
Commission’s approval of the Project and direct staff to return to the
Council with the appropriate resolution outlining the findings for denial of
the Project. City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
AND (only if necessary)
That the Redevelopment Agency (only in the case of Motion B or C):
Determine that the proposed project at 4043 Irving is consistent with the
Redevelopment Plan for Component Area No. 3 of the Culver City
Redevelopment Project and the Project is consistent with the Downtown Culver
City Design for Development.
MEETING DATE: January 26, 2009
AGENDA ITEM: JOINT PUBLIC HEARING CONTINUED FROM THE
12/08/09 COUNCIL MEETING: 1) City Council
Consideration of the Appeal of the Planning
Commission’s Approval of Site Plan Review, SPR
P2007116, and Negative Declaration for the Construction
of a Mixed-use Building with 28 Residential
Condominium Units and 1,403 Square Feet of Office
Space Located at 4043 Irving Place; and 2)
Redevelopment Agency Consideration of the Project as
it Relates to the Redevelopment Plan. (Public Hearing
Continued from August 18, September 15, October 20,
November 17, December 8, 2008 and January 20, 2009).
ATTACHMENTS:
Pages
1. Planning Commission approved project digital renderings. 1-4
2. Revised project digital renderings. 5-8
3. Revised project plans dated January 26, 2009. 9-17
4. December 8, 2008, City Council and Redevelopment 18-31
Agency Agenda Item Report.Page 1 of 31
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