Superman lives. Possibly.
A gleaming knight on a white horse is racing to execute a miraculous rescue of the possibly not doomed Culver City Ice Arena, due to close Sunday evening, unable to meet new rental conditions.
Here is the blockbuster drama that still is unfolding, and is likely to continue well into the misty – but for the Arena, hopeful – future.
Incredibly, a 52-year-old document was uncovered earlier this week by City Hall staff. Last evening at the dinner hour, the city released a terse 235-word message (below) that says, according to a 1960 use variance granted to the Sepulveda Boulevard property, it may only be used as an ice rink.
That seems to drop a greasy and bloody monkey wrench into the plans of longtime owner Michael Karagozian of Fresno who has signed a lease agreement with Planet Granite, a Bay Area group that plans to offer rock climbing, yoga and a fitness center.
What does this entirely unanticipated bombshell mean?
That, too, still is being sorted out this morning.
Next move appears to be up to Mr. Karagozian and Planet Granite, both of whom received the startling news last evening.
“No one knows what the outcome will be,” a legal expert told the newspaper this morning.
“The focus of attention now shifts from what the city can or will do to save the Ice Arena to what are the owner and lessee going to do in light of this new development,” she said.
“They may elect to pursue a zone change to permit a different use? Regardless, it seems to me that for the Ice Arena to remain open beyond this weekend while the owner and Planet Granite explore options, the owner and current operator of the arena would need to reach an extension agreement.
“The operator's lease is over, and he needs to be out unless, he and the owner agree otherwise,” the lawyer said. “If the owner needs to keep the power on until the refrigeration system is dismantled, maybe he lets the operator stay in there for a month to month paying rent and utilities.”
Another lawyer said that “until the owner and Planet Granite decide what they will do, the city's only next step is to ensure the public safety when rink stops operating.”
Here was the announcement from City Hall, under the name of City Manager John Nachbar:
Today, the City of Culver City notified the Property Owner and Planet Granite, the New Lessee of the above property, of the following:
The City of Culver City has been evaluating information relating to the proposed change of use by Planet Granite of the Culver City Ice Arena. At the urging of the City Council, city staff continued its comprehensive, top to bottom records search regarding the Culver City Ice Arena property. As a result of the effort, late Monday evening the search disclosed the original document in an archival file that authorized the current use of the property for an ice rink and parking.
That document is a Use Variance granted in 1960, which permitted the ice rink and related parking to extend onto residentially zoned property. The Use Variance is expressly limited to the ice rink use, and does not allow other commercial uses, without further City approvals.
Therefore, given Planet Granite’s plans to utilize the existing ice rink building and surface parking for a new use, a discretionary approval process would be required.
Specifically, a zone change would be needed in order to accommodate the proposed use.
A zone change would require review and recommendation by the Planning Commission and ultimate approval by the City Council at a public hearing. Since the zone change is a discretionary approval, it is also subject to environmental review pursuant to the California Environmental Quality Act.
