February 9, 2026 Page 1 2026-R____
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 2026-R___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, DENYING AN APPEAL FILED BY
SUPPORTERS ALLIANCE OF ENVIRONMENTAL
RESPONSIBILITY, AND AFFIRMING THE PLANNING
COMMISSION’S ADOPTION OF RESOLUTION NO. 202 5-P013,
APPROVING SITE PLAN REVIEW, TENTATIVE PARCEL MAP,
AND EXTENDED CONSTRUCTION HOURS , P202 4-0190-
SPR/TPM, AND A CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) CHECKLIST PURSUANT TO CEQA GUIDELINES
15168, FOR A MIXED USE DEVELOPMENT AT 5757 UPLANDER
WAY
(Appeal of Site Plan Review, Tentative Parcel Map and Extended Construction Hours P2024- 0190-SPR/TPM)
WHEREAS, on April 11, 2025, Spencer Kallick, representative of B9 Sequoia, Culver City LP (the “Applicant”) filed an SB 330 application invoking vesting rights to development standards in place at that date; and,
WHEREAS, on July 1, 2025, the Applicant filed an application for a Site Plan Review (SPR), Tentative Parcel Map (TPM) and Extended Construction Hours, to allow construction of a 7- story, mixed -use project with 1,077 units (including 78 very low -income units) and 5,772 square feet of commercial square footage (the “Project”) in the Mixed use High (MU-HD) Zone. The Project Site is located at 5757 Uplander Way and more specifically described as Parcel 1 of Parcel Map 12436 and Lots 11,12,13 of Tract Map 22864, in the City of Culver City, with Los Angeles County Assessor numbers of 4134- 005-021, 4134-005-002, 4134-005-003, and 4134-005-004; and,
WHEREAS, to implement the proposed Project, approval of Site Plan Review and Tentative Parcel Map P2024- 0190-SPR/TPM is required to ensure the Project complies with the required standards, design guidelines, and ordinances of the City; minim ize potential
February 9, 2026 Page 2 2026-R____
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial, and public areas of the City; and, WHEREAS, three of four existing Project site parcels are identified in t he City’s Housing Element Sites Inventory with fewer affordable housing units proposed on these parcels than identified in the Housing Element, thus pursuant to Government Code Section 65863(b)(2), the City i s required to make written findings that there are adequate remaining sites identified in the Housing Element to meet the city’s share of the regional housing need; and,
WHEREAS, the Extended Construction Hours request is for construction start times of 7 AM instead of 8 AM on Monday through Friday, and 8 AM instead of 9 AM on Saturday; and CCMC Section 9.07.035 allows an applicant to request extended construction activity of a specific nature, with a limited duration, in nonresidential zoning districts, on construction sites 1 acre or greater in size, if the exception is determined to be in the public interest; and,
WHEREAS, the Density Bonus and Other Incentives application was subject to administrative approval, pursuant to CCMC Section 17.580.075 and State Density Bonus Law; and,
WHEREAS, the City has prepared a Checklist pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 to evaluate that the project’s environmental impacts are within the scope of potential environmental impacts analyzed in the Certified Program Environmental Impact Report (PEIR) for the Culver City General Plan 2045 and Zoning Code Update, and no further environmental analysis is required pursuant to CEQA Guidelines Section 15162; and
February 9, 2026 Page 3 2026-R____
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, on November 12, 2025, after conducting a duly noticed public hearing on the subject application, including full consideration of the applications, plans, staff report, environmental information and all testimony presented, the Planning Commission, by a vote of 5 to 0, adopted Resolution No. 2025-P013, which approved a CEQA Checklist pursuant to CEQA Guidelines 15168, finding that the Project’s potential environmental impacts are within the scope of the certified General Plan and Zoning Code Update PEIR, in accordance with CEQA, finding the Project will not result in significant adverse environmental impacts, and conditionally approved Site Plan Review, Tentative Parcel Map and Extended Construction Hours P2024-0190-SPR/TPM; and
WHEREAS, on November 20 , 20 25, Richard Drury of Lozeau Drury LLP on behalf of Supporters Alliance of Environmental Responsibility (“Appellant”) filed a timely appeal of the Planning Commission’s adoption of Resolution No. 2025-P013, pursuant to Culver City Municipal Code (CCMC) Section 17.640.030, claiming that the City cannot rely on the 2045 General Plan PEIR for the CEQA Process, and that the City should prepare a project-specific EIR for the Project and circulate the draft for public review and comment prior to considering approval of the Project; and
WHEREAS, the appeal does not include substantial evidence to demonstrate the inadequacy of the Planning Commission’s decision and CEQA determination; and WHEREAS, Staff’s response to the appeal is that the Planning Commission adopted Resolution No. 2025 -P013, including required findings and approval of the CEQA Checklist pursuant to CEQA Guidelines 15168, was made on the basis of substantial evidence and in accordance with established procedures and methodologies, and no further analysis is required; and
February 9, 2026 Page 4 2026-R____
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, Environmental Science Associates , submitted a point -by-point response to the appeal on behalf of the City on December 28 , 202 5, and the response demonstrates the appellant’s claims have no merit nor are supported by credible evidence, and confirms the Planning Commission did not err in approving the Project; and WHEREAS, on February 9 , 202 6, after a duly noticed public hearing on the Appeal of the Planning Commission’s adoption of Resolution No. 2025-P013, approving Site Plan Review, Tentative Parcel Map, and Extended Construction Hours , P202 4-0190- SPR/TPM, and a Checklist pursuant to CEQA Guidelines 15168 for a mixed use project with 1,077 residential units and 5,772 square feet of commercial space at 5757 Uplander Way, fully considering the whole administrative record, including, but no limited to, the Planning Commission’s decision, application materials, plans, staff report, Appellant Appeal letter, Applicant response, environmental information and all testimony presented, the City Council by a vote of ___ to ___, denied the appeal filed by the Appellant and affirmed the Planning Commission’s adoption of Resolution No. 2025 -P013, including the C hecklist pursuant to CEQA Guidelines 15168, for Site Plan Review, Tentative Parcel Map, and Extended Construction Hours P2024-0190-SPR/TPM.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows:
SECTION 1. Since the Planning Commission adoption of Resolution No. 2025 - P013, which approved the Project and C hecklist pursuant to CEQA Guidelines 15168, was made on the basis of substantial evidence and in accordance with established procedures and methodologies; therefore, no additional environmental analysis is required.
February 9, 2026 Page 5 2026-R____
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
SECTION 2. The Appellant has not demonstrated, nor provided, substantial evidence in light of the whole record that the City cannot rely on the 2045 General Plan PEIR for the CEQA Process and that the City should not approve the Project until the appropriate level of environmental review is completed.
SECTION 3. Pursuant to all of the foregoing, the City Council of the City of Culver City, California, hereby denies the appeal filed by the Appellant and affirms the Planning Commission’s adoption of Resolution No. 2025-P013, approving Site Plan Review, Tentative Parcel Map, and Extended Construction Hours, P202 4-0190-SPRP/TPM, and a Checklist pursuant to California Environmental Quality Act (CEQA) Guidelines 15168 for the mixed use project at 5757 Uplander Way.
APPROVED and ADOPTED this 9th day of February, 2026.
________________________________
FREDDY PUZA, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney