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RESOLUTION NO. 2026-R___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, GRANTING IN PART AN APPEAL
FILED BY SOL Y LUNA MONTESSORI SCHOOL , AND
OVERTURNING IN PART THE PLANNING COMMISSION’S
ADOPTION OF RESOLUTION NO. 2024 -P007, APPROVING
CONDITIONAL USE PERMIT MODIFICATION, P2021 -0135-
CUP/M, AND A CLASS 32 CATEGORICAL EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR THE RELOCATION AND EXPANSION OF A FUELING
STATION AT 13431-13463 WASHINGTON BOULEVARD
(P2024-0191-Appeal of Conditional Use Permit Modification P2021-0135-CUP/M)
WHEREAS, on May 17, 2021, Costco Wholesale (the “Applicant”) filed an application for a Conditional Use Permit Modification (CUP/M), to allow demolition of existing (eight dispenser) fueling station and two commercial structures (±8,480 square feet); and the construction of a new expanded (15 -dispenser) and relocated fueling station and associated project design feature and site improvements (the “Project”). The Project Site is more specifically described as a ±3.2-acre portion of land within the parcels identified by Los Angeles County Assessor’s Parcel Numbers 4236-029-003, 4236-029-008, and 4236- 029-009, in the City of Culver City, County of Los Angeles, State of California; and WHEREAS, on July 24, 2024, the Planning Commission, by a vote of 3 to 2, adopted Resolution No. 2024-P007, which adopted a Class 32 Categorical Exemption finding the Project exempt from the California Environmental Quality Act (CEQA) , and conditionally approved Conditional Use Permit Modification, P2021-0135-CUP/M; and WHEREAS, on August 8, 2024, Frank P. Angel of Angel Law on behalf of Sol y Luna Montessori School (“Appellant”) filed a timely appeal of the Planning Commission’s adoption of Resolution No. 2024- P007, pursuant to Culver City Municipal Code (CCMC)
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Section 17.640.030, claiming that the City cannot rely on a Class 32 Categorical Exemption and that the required findings for a CUP/M are not adequately made, and that the City should instead conduct further environmental study under CEQA and that the City should not approve the Project until the appropriate level of environmental review is completed; and WHEREAS, on October 13, 202 5, the City Council held a duly noticed public hearing on the Appeal of the Planning Commission’s adoption of Resolution No. 2024-P007, at which the City Council received evidence, including written statements and comments from speakers that the Project location was within 300 feet of two daycare and preschool facilities, and that the unusual size of the Project would present potentially significant air quality risks for sensitive receptors in an economically disadvantaged neighborhood; and WHEREAS, on March 9, 2026 , after considering the Appeal of the Planning Commission’s adoption of Resolution No. 2024- P007, f ully considering the whole administrative record, including, but no t limited to, the Planning Commission’s decision, application materials, plans, staff report, Appellant Appeal letter, Applicant response, Peer Review Memorandum, environmental information, written and verbal public comments, and all testimony presented, the City Council by a vote of ___ to ___, granted in part the appeal filed by the Appellant, and overturned in part the Planning Commission’s adoption of Resolution No. 2024-P007 to the extent that it found the Project exempt from CEQA.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows:
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SECTION 1. New significant information has been found that would impact the Class 32 Categorical Exemption; therefore, additional environmental analysis is required.
CEQA Guidelines section 15300.2, subdivision (c) provides: “A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” Based on the written public comments and the testimony at the City Council’s public hearing, the City Council finds that there is substantial evidence that there is a reasonable possibility that the Project will have a significant effect on the environment due to unusual circumstances, specifically the Project’s size and proximity to two daycare facilities. The Class 32 Categorical Exemption therefore does not apply to exempt this Project from CEQA.
SECTION 2. Pursuant to all of the foregoing, the City Council of the City of Culver City, California, hereby grants in part the appeal filed by the Appellant , and overturns in part the Planning Commission’s adoption of Resolution No. 2024-P007, approving Conditional Use Permit Modification, P2021- 0135-CUP/M, and a C lass 32 C ategorical Exemption from the California Environmental Quality Act (CEQA) for the relocation and expansion of an existing fueling station at 13431-13463 Washington Boulevard as to the CEQA findings and conclusions only.
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SECTION 3. The Project Applicant shall proceed with CEQA analysis and resubmit the Application, including all appropriate environmental analysis, to the Planning Commission for further review and consideration.
APPROVED and ADOPTED this ___ day of March, 2026.
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FREDDY PUZA, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney