CC RESOLUTION 4322RESOLUTION NO. 4322
A RESOLUTION Of THE CITY COUNCIL APPROVING OF ENVIRONMENTAL
ASSESSMENT NO. 608, SUBDIVISION NO. 03-02, VESTING TENTATIVE TRACT
MAP NO. 54134, SMOKY HOLLOW SITE PLAN NO. 03 -01, ZONE TEXT
AMENDMENT NO. 03 -01 AND VARIANCE NO. 03 -04 TO CONSTRUCT NINE
TOWNHOUSE -STYLE CONDOMINIUM "LIVE/WORK" UNITS AT 1225 EAST
GRAND AVENUE.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On February 6, 2003 Albert L. Marco filed an application for Environmental
Assessment No. 608, Subdivision No. 03 -08, Vesting Tentative Tract Map No. 54134,
Smoky Hollow Site Plan No.03 -01, Zone Text Amendment No. 03 -01 and Variance
No. 03 -04 to allow a nine unit townhouse- style live /work condominium development
on a 0.5 acre site at 1225 East Grand Avenue.
B. Albert L. Marco's application was reviewed by City's Department of Community,
Economic and Development Services for, in part, consistency with the General Plan
and conformity with the El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the
regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq.,
the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council
Resolution No. 3805, adopted March 16, 1993);
D. The Department of Community, Economic and Development Services completed its
review and scheduled a public hearing regarding the application before this Council
for August 5, 2003;
E. On June 26, 2003, the Planning Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without limitation,
information provided to the City Council by Albert L. Marco; and adopted Resolution
No. 2549 recommending City Council approval of the project;
F. On August 5 and 19, 2003 the City Council held a public hearing to receive public
testimony and other evidence regarding the application including, without limitation,
information provided to the City Council by Albert L. Marco; and,
G. The City Council considered the information provided by City staff, public testimony,
and by Albert L. Marco representative. This Resolution, and its findings, are made
based upon the evidence presented to the City Council at its August 5, 2003 hearing
including, without limitation, the staff report submitted by the Department of
Community, Economic and Development Services.
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SECTION 2: Factual Findings. The City Council finds that the following facts exist:
A. The subject site is located in the Smoky Hollow Specific Plan, Medium Density
Residential (MDR) Overlay Zone, and is located at 1225 East Grand Avenue;
B. The subject site is a rectangular shaped 21,849 square foot lot (164.23 feet wide and
133.04 feet deep) and currently developed with a single -story light industrial building
with parking at the rear of the site and three access points from Grand Avenue;
C. The property to the west and east has a single -story light industrial building, to the
north a middle school and to the east is an 88 -unit condominium development.
D. The applicant is proposing a construct a nine unit townhouse style live /work
development with attached two car garages and four guest parking spaces;
E. The applicant has applied for a Zone Text Amendment that would permit "Live/ Work"
uses in the MDR Zone as well as allow a 15 -foot front yard setback on lots less then
140 feet in depth in the MDR Zone
F. The applicant also applied for a variance that would allow access to the site from
Grand Avenue.
SECTION 3: Environmental Assessment. Because of the facts identified in Section 2 of this
Resolution, the proposed project has been analyzed for its environmental impacts and a Draft Initial
Study has been prepared pursuant to Section 15063, of the California Environmental Quality Act
(CEQA). A Mitigated Negative Declaration of Environmental Impacts is proposed for this project
pursuant to CEQA § 15070. The mitigation measures listed in the mitigated negative declaration
are sufficient to reduce all identified environmental impacts to less than significant levels.
Accordingly, based upon the evidence presented to the City Council, the City need not prepare an
environmental impact report for the proposed project.
SECTION 4: Notice of Determination. The City Manager, or designee, is directed to file a Notice of
Determination in accordance with Pub. Res. Code §§ 21152, 21167(f); 14 CCR § 15094; and any
other applicable law.
SECTION 5: Variance Findings. After considering the above facts, the City Council finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to
the other property or class of use in the same vicinity and zone.
The property is situated on the north side of Grand Avenue and is surrounded by
Center Street Middle School to the north, an 88 -unit condominium development to the
east, and a light industrial building to the west. There are no side streets to provide
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alternative access points. The exceptional circumstance is that there is no practical
access to the site from any other public right -of -way except Grand Avenue. Most
other properties in the MDR overlay zone with frontage on Grand Avenue are corner
lots, which allow for alternative access from a public side street.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but
which is denied to the property in question.
The variance to allow access from Grand Avenue would preserve the integrity of the
site. A variance will allow access into the site from Grand Avenue. Without a
variance, the site would be a land- locked parcel, which would deny substantial
property rights. Staff conducted a site visit and determined that the condominium
development (Grand Tropez) just east of the site has access from Grand Avenue, as
do other properties both east and west of the proposed site.
C. Granting the Variance would not be materially detrimental to the public welfare
or injurious to the property or improvements in such vicinity and zone in which
the property is located.
Granting the variance to allow driveway access from Grand Avenue will not affect the
public welfare or safety. The proposed 18 foot wide driveway allows sufficient
driveway width to accommodate anticipated ingress and egress and traffic demand.
In addition, the 82 foot driveway length is sufficient to discourage any queuing of
vehicles onto Grand Avenue. The site is currently designed with three driveways off
Grand Avenue. Two of these would be removed. Since the applicant plans to utilize
an existing driveway location, it would not create an impact to the neighboring
properties.
D. Granting of the Variance will not adversely affect the General Plan.
Granting the variance will not adversely affect the General Plan. The overall proposal
would not result in a change to the present planned use for the area, as it is
consistent with the kind of uses permitted for the zone. The proposed development is
consistent with the Circulation Element of the City's General Plan and the ESMC and
does not constitute a significant or substantial alteration in planned land uses.
Granting the variance for continued use of the existing driveway /access point located
at the southeast corner of the site off of Grand Avenue would not conflict with the
goals of the General Plan.
SECTION 6: General Plan and Zoning. The proposed project does not conflict with the City's
General Plan and the zoning regulations in the ESMC as follows:
A. This townhouse development is consistent with Goal 3 of the City's 2000 -2005
Housing Element which focuses on providing housing opportunities through new
construction, but also in a variety of locations and densities in accordance with the
land use designations detailed in the Land Use Element of the General Plan. Also,
Policy 3.1 of the Housing Element specifies providing for the construction of 78 new
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housing units during the 2000 -2005 timeframe in order to meet the goals of the
Regional Housing Needs Assessment. This project would help meet this goal by
providing nine new residential units.
B. One of the purposes of the General Plan and zoning is to maintain consistency within
the City in terms of property development. The subject property is situated between
an 88 unit multiple - family development unit on the east, a light industrial building to
the south and west and a middle school to the north of the property. The applicant's
property is situated along Grand Avenue and is land locked on three sides. The
proposed project would be consistent with the transition zoning characteristics of the
MDR Zone which allows multiple - family residential uses between the R -1 Zone
property to the north and the Light Industrial uses to the south.
C. The applicant proposed modifications to the ESMC to permit "live /work" uses in the
Smoky Hollow Specific Plan are compatible with the types of uses already allowed in
home occupations in other parts of the City.
D. The applicant's proposed setback amendments to the MDR Zone are compatible with
setback requirements in the Multiple - Family Residential (R -3) Zone.
SECTION 7: Approval. Subject to the conditions listed on the attached Exhibit "A ", which are
incorporated into this Resolution by reference, the City Council approves Environmental
Assessment No. 608, Subdivision No. 03 -08, Vesting Tentative Tract Map No. 54134, Smoky
Hollow Site Plan No.03 -01, and Variance No. 03 -04
SECTION 8: This Resolution will remain effective unless superseded by a subsequent resolution.
SECTION 9: The City Clerk is directed to mail a copy of this Resolution to Albert L. Marco to any
other person requesting a copy.
SECTION 10: This Resolution is the City Council's final decision and will become effective
immediately upon adoption.
PASSED AND ADOPTED this 19th day of gust 2003.
— �,,4
Mike Gordon, Mayor
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council of the City is five; that the foregoing Resolution No.
4322 was duly passed and adopted by said City Council, approved and signed by the Mayor
of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council
held on the 19th day of August 2003, and the same was so passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
ATTEST:
0&*4-bCtW(L&M -6)
Cindy NVortesen,
City Clerk
APPROVED AS T F
Mark D. Hensle , Ci
B
Y•
Aarl H. Berger
Assistant City,
Gordon, Jacobs, Wernick
None
None
None
McDowell, Gaines
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RESOLUTION No. 4322
EXHIBIT A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Albert L. Marco
agrees to comply with the following provisions as conditions for the City of El Segundo's approval of
Environmental Assessment No. 608 and Subdivision No. 03 -02, Smoky Hollow Site Plan No.03 -01,
Zone Text Amendment No. 03 -01 and Variance No. 03 -04. ( "Project Conditions "):
Zoning Conditions
There may be a maximum of nine "live /work" units developed on the existing 21,849
square foot parcel.
2. The applicant must install an intercom system in all the units to allow the remote
operation of the driveway control gate.
Public Safety Conditions
3. Before building permits are issued, the applicant must submit a photometric light study to
the Police Department for review and approval.
4. Street and unit addressing must be a minimum of four to six inches high, of contrasting
color to the background and illuminated during hours of darkness.
5. A minimum of one footcandle of light on the ground surface must be provided around all
sides of the building, throughout the driveway and over guest parking during hours of
darkness. Aisles, passageways and recesses related to and within all sides of the
complex, including the common deck areas, must be illuminated with a maintained
minimum of .25-.50 footcandles during hours of darkness. Lighting devices must be
enclosed and protected by weather and vandal resistant covers.
6. All main entry doors, including entry doors from the garage into the residence, must be of
solid core construction, with a minimum thickness of 1.75 inches. Entry doors must have
a deadbolt locking device and the deadbolt throw must have a one -inch projection. The
cylinder guard must be of case hardened steel, with the outer edge angled or tapered
and free of spinning. The exterior portion of the lock must be connected to the inside
portion of the lock with bolts at least one - quarter inch in diameter and constructed of
steel. The locking mechanism must contain a minimum of a five -pin tumbler.
7. All main entry doors with glass constructed in or within 40 inches (including windows
along the side of the locking mechanism should either reverse the swing of the door if a
window is positioned within 40 inches of the locking mechanism, or reverse the position
of the window to be opposite the locking mechanism, or all glass should be replaced with
polycarbonate materials, or of fully tempered glass, or rated burglary resistant glazing.
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8. A panoramic door viewer (180 -190 degrees) must be installed in each main entry door.
9. Strike plates must be made with a minimum of 16 U.S. gauge steel, bronze or brass and
secured to the jamb by a minimum of two screws, off -set and which must penetrate at
least two inches into solid backing beyond the surface to which the strike plate is
attached.
10. Sliding glass doors must have a secondary locking device (i.e. locked by a key or a
twisting /turning device /Charlie bar). This device must limit any up and down or sideways
movement while the window is in the closed /locked position.
11. Double or French doors must have a secondary locking device, such as a cane or flush
bolt in addition to a deadbolt. The inactive leaf of double door(s) must be equipped with
metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of
the doorframe.
12. Windows adjacent to main entry of each unit must be constructed of high impact "plastic"
glass block.
13. Perimeter walls, not in the front yard setback, must be a minimum height of six feet and
of solid construction. Walls must limit climbing access (i.e. concrete walls must not have
varied sections where decorative blocks allow for stepping over the wall or part of the wall
consists of wrought iron). Wood, wrought iron or steel tubular perimeters must be six feet
high and all horizontal members must be on the inside of the perimeter. Where wrought
iron or steel tubular fencing is used, the horizontal members must run along the top and
bottom portion of the fence.
14. Residents of the individual units must be informed that an alarm permit is required by the
El Segundo Police Department for the operation of any home security alarm system,
whether audible or monitored by a security company.
Building Safet
15. Before building permits are issued, the applicant must submit a geotechnical report to the
Director of Community, Economic and Development Services for review and approval.
16. Before building permits are issued, the applicant must submit a grading report to the
Director of Community, Economic and Development Services for review and approval.
16. Before building permits are issued, plans must show conformance with the 2001
California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes as a Group
R, Division 1 occupancy.
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17. Before building permits are issued, plans will be reviewed for accessibility requirements
per Chapter 11 of the 2001 California Building Code.
18. Before building permits are issued, handicapped access must be provided to work portion
on the residence.
19. Before building permits are issued, separate Plumbing, Mechanical, and Electrical plans
will be submitted for plan check.
20. Before building permits are issued, the applicant must submit a drainage plan to the
Director of Community, Economic and Development Services for review and approval.
Fire Conditions
21. Before building permits are issued, the applicant must submit a fire sprinkler plan to the
Fire Chief for review and approval. Fire sprinklers must be installed before the issuance
of a certificate of occupancy.
22. Before building permits are issued, the applicant will develop plans, which identify fire
protection, notification, detection and access provisions and mechanisms for their testing
and maintenance.
23. The applicant will ensure that combustible storage for pre /post construction will comply
with the California Fire Code, including fire protection.
Public Works
24. Grand Avenue frontage must be improved to City standards with new sidewalks and
curbs. Any existing driveways to be abandoned must be removed and the parkway
reconstructed with full height curb and sidewalk improvements.
25. Any work or encroachment in the public right -of -way must have a Public Works Permit.
Service Fees
26. Before building permits are issued, the applicant will pay a one -time library services
mitigation fee of $0.03 per gross square foot of building floor area.
27. Before building permits are issued, the applicant will pay a one -time fire services fee of
$0.14 per gross square foot of building floor area.
28. Before building permits are issued, the applicant will pay a one -time police services
mitigation fee of $0.11 cents per gross square foot of building floor area.
29. Before building permits are issued, the applicant will pay the required sewer connection
fees (as outlined in Chapter 12 -3 of the ESMC) if the development requires a new sewer
connection.
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Miscellaneous Conditions
30. The applicant will ensure that water service connections are sized for the expected water
usage increase as a result of the new development.
31. The applicant must adhere to all Strom Water Pollution Prevention Guidelines for new
Developments.
32. Asbestos and lead -based paint analysis and removal must be performed in conformance
with federal, state and local regulations.
33. All activities associated with asbestos must be conducted under the direct supervision of
a certified asbestos consultant.
34. Demolition of structures that have asbestos containing materials (ACM) must comply with
the South Coast Air Quality Management District (SCAQMD) Rule 1403 - Asbestos
Emissions from Demolition /Renovation Activities.
35. The applicant will ensure that any trenches deeper than five feet and meeting CaIOSHA
definitions will comply with shoring requirements.
36. During construction and operations, all waste must be disposed of in accordance with all
applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated
disposal site by a licensed waste hauler.
37. All leaks, drips and spills occurring during construction must be cleaned up promptly and
in compliance with all applicable laws and regulations to prevent contaminated soil on
paved surfaces that can be washed away into the storm drains.
38. If materials spills occur, they will be cleaned up in a way that will not affect the storm
drain system.
39. The project must comply with Chapter 5 -7 of the ESMC establishing storm water and
urban pollution controls.
40. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic
sheeting.
41. Inspections of the project site before and after storm events must be conducted to
determine whether Best Management Practices have been implemented to reduce
pollutant loadings identified in the Storm Water Prevention Plan.
42. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to
prevent dirt in the storm drain system.
43. Storm drain system must be safeguarded at all times during construction.
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44. The applicant must construct pavement, retaining walls and landscaped areas in general
on -site to be maintained in order to prevent future soil erosion.
45. Before the issuance of a Certificate of Occupancy, the applicant must submit the
Covenants, Conditions, and Restrictions (CC &R's) to the Director of Community,
Economic and Development Services for review and approval.
46. Albert L. Marco agrees to indemnify and hold the City harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or
liability, arising from the City's approval of Environmental Assessment No. 608 and
Subdivision No. 03 -02, Smoky Hollow Site Plan No.03 -01, Zone Text Amendment No.
03 -01 and Variance No. 03 -04. Should the City be named in any suit, or should any
claim be brought against it by suit or otherwise, whether the same be groundless or not,
arising out of the City approval of Environmental Assessment No. 608 and Subdivision
No. 03 -02, Smoky Hollow Site Plan No.03 -01, Zone Text Amendment No. 03 -01 and
Variance No. 03 -04, Albert L. Marco agrees to defend the City (at the City's request and
with counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes of this
section "the City" includes the City of El Segundo's elected officials, appointed officials,
officers, and employees.
By sig this docu ent, Mr. Albert L. Marcos certifies that he has read, understood, and agrees to
the roject Conditio s listed in this document.
Mr. AlbertTf&)fiQQ,_Property Owner
{If Corporation or similar entity, needs two officer signatures or evidence that one signature
binds the company}
P \Planning & Building Safety\ PROJECTS \600 - 625 \Ea - 608 \EA- 608.CCRESO doc
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