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ORDINANCE 1105ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT EA -138; APPROVING ZONE CHANGE 87- 2, SMOKY HOLLOW SITE PLAN 87 -4, SUBDIVISION 87 -6, AND VARIANCE REQUESTS TO EXCEED WALL HEIGHTS AND PERMIT VEHICULAR ACCESS ON GRAND AVENUE; AND DENYING VARIANCE REQUEST TO ALLOW PARKING INTRUSION INTO FRONT AND SIDE YARDS AT 1315 EAST GRAND AVENUE. WHEREAS, an application has been received from E.S. DEVELOPMENT COMPANY to allow the construction of an 88 -unit townhouse -style condominium project at 1315 East Grand Avenue and implement the Medium Density Residential Floating Zone in the Smoky Hollow Specific Plan area; and WHEREAS, the Planning Commission of the City of E1 Segundo, after a public hearing duly held, has adopted its Resolution No. 2197, recommending to the City Council the certification of a Negative Declaration of Environmental Impact; approval of Zone Change 87 -2, Smoky Hollow Site Plan 87 -4, Subdivision 87 -6, and variance requests to exceed wall heights and permit vehicular access on Grand Avenue; and denial of variance request to allow parking intrusion into front and side yards at 1315 E. Grand Avenue; and WHEREAS, the City Council held, pursuant to law, a duly advertised public hearing on such matters in the Council Chamber of the City Hall, 350 Main Street, in the City of E1 Segundo on January 19, 1988, and notice of said hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against proposed Environmental Assessment EA -138 and Negative Declaration of Environmental Impact and the proposed project; and WHEREAS, at said hearing the following facts and were established: Facts: 1. The applicant is proposing to construct an 88 -unit townhouse -style condominium project with 176 garage parking spaces and 46 visitor spaces on a 3.91 acre site at 1315 East Grand Avenue in the Medium Manufacturing Zone. 2. The applicant is requesting implementation of the Medium Density Residential (MDR) Floating Zone in the Smoky Hollow Specific Plan area, which implementation requires City Council approval. 3. The site presently contains 67,000 sq. ft. of building area for manufacturing and related office use vacated by the Deutsch Fastener Corporation which would be demolished to accommodate the proposed condominium project. 4. The applicant is requesting three variances from the MDR development guidelines: (1) Increased wall heights in the front, side and rear yards; the allowable front wall height is 3.5 ft., a 5.5 ft. wall is being requested; the allowable side and rear wall height is 6 ft., 8 ft. walls are being requested; (2) allowing two vehicular access points on Grand Avenue; the MDR regulations prohibit Grand Avenue access; and (3) allowing the intrusion of five visitor parking spaces into the required front and side yards at the southeast corner of the site. -1- 0- 011988.PL 5. The Supplemental Environmental Impact Report and Fiscal Impact Analysis prepared for a previous application (subsequently withdrawn) for a 93 -unit townhouse -style condominium project at 1315 East Grand Avenue were reference sources for the current 88 -unit proposal as the two projects are substantially the same. 6. The site and surrounding area are designated by the Smoky Hollow Specific Plan for manufacturing use with a residential use overlay, which is consistent with the zoning of the site. 7. Surrounding land uses consist of manufacturing uses to the east, west and south, with a single family residential neighborhood to the north. Findings: 1. The Smoky Hollow Specific Plan (SHSP) designates this site and the surrounding area as a Medium Density Residential (MDR) Floating Zone; with the intent and goals of responding to the need for additional housing units, upgrading the SHSP area, and creating a buffer zone between existing residential and manufacturing uses. 2. The proposed condominium project is consistent with the intent and purpose of the SHSP; and with the residential objective in the General Plan Land Use Element to promote construction of high quality residential developments; and with the acknowledged possibility in the General Plan Housing Element of rezoning manufacturing lands to allow residential uses due to the highly built -out nature of the existing residential zones. 3. The inclusion of 39 mitigation measures and 8 additional conditions which include assessment of mitigation fees for library, fire, police and related governmental services will offset the increased incremental demand on public services and eliminate or reduce the environmental impacts of the proposed project to an insignificant level. 4. The proposed 88 -unit project is comparable and environmentally superior to the previous 93 -unit project proposed for this site since site design modifications were incorporated into the current proposal to eliminate or alleviate identified issues, primarily regarding circulation patterns and density. 5. The proposed zone change, SHSP 87 -4 and subdivision are consistent and compatible with the SHSP goals and objectives. 6. The increased wall heights are necessary to buffer the proposed residential use, the first project in the Smoky Hollow area to implement the residential floating zone, from the adjacent manufacturing uses to the south, east, and west of the project site, and in reducing potential land use conflicts. The increased wall height along Grand Avenue would be consistent with the SHSP guideline of creating a strong visual separation of the residential use from the manufacturing use south of Grand Avenue. 7. Due to its exceptional lot configuration, street access for the project site is limited to Grand Avenue between Oregon and California and the northeast corner of the site where Holly Avenue and California intersect. The frontage along Holly Avenue is inadequate to construct a driveway capable of accommodating the amount of traffic generated by the project. Allowing vehicular access on Grand Avenue instead of at Holly and California would reduce the amount of -2- 0- 011988.PL project traffic generation into the residential area to the north, provide an additional access point for the Fire Department, and reduce the potential congestion on -and off - site by providing two locations for access. 8. Granting the variance requests for increased wall heights and vehicular access on Grand Avenue are necessary for the enjoyment of the substantial property right to implement the residential floating zone; and would further the goals of the general plan and SHSP to increase available housing and upgrade the Smoky Hollow area. 9. The variance request for five visitor parking spaces in the front and side yards at the southeastern corner of the project site are for spaces in excess of code requirements, and no exceptional circumstances exist as to prohibit parking placement on site. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby certifies the Negative Declaration of Environmental Impact for Environmental Assessment EA -138, subject to the following mitigation measures: 1. If the two abandoned oil wells are disturbed during site excavation and grading, immediate notice shall be given to the City. The wells shall be checked and re- abandoned according to state regulations. 2. To provide support for shallow spread footings, for floor slabs, and for paving, all existing fill soils and disturbed natural soils shall be excavated and compacted in accordance with City Public Works Department standards. Any required additional fill must be properly compacted. The on -site soils, less any debris or organic matter within the existing fill, may be used in required fills. 3. Temporary excavation cuts shall be made at 1:1 or flatter because of cohesionless sands, subject to the approval of the Director of Building Safety. 4. Dust control measures as required by the Air Quality Management District shall be implemented during construction. Such measures shall include maintaining adequate soil moisture and removal of soil spillage onto travelled roadways. 5. The project site shall be enclosed during construction with a 6' high chain link fence with gates located at driveways. Gates shall not open out over sidewalk, curb or travelled way. 6. All residential units shall be designed to achieve an interior noise level of no louder than 45 dB CNEL in conformance with the State of California Sound Insulation Standards. 7. No building permit shall be issued until the City has received and accepted an acoustical analysis of the final project design plans verifying that the materials and construction techniques are sufficient to reduce exterior noise levels to the 45 dB CNEL standard. The acoustical analysis shall be certified by a registered acoustician that the proposed construction is adequate to meet the State of California Sound Insulation Standard. If the standard is not met, the project shall include additional measures and /or redesign to meet the standard. -3- 0- 011988.PL 8. No Certificate of Occupancy shall be issued until actual field measurements within the completed units have been performed by a registered acoustician certifying that the interior noise levels do not exceed 45 dB CNEL. 9. Required parking shall be in conformance with the zoning ordinance requirements including garage and space sizes and aisle widths. The CC +Rs for the project shall include restrictions on the use of garages for storage so as not to impact or reduce required parking, and shall require project residents to park their personal vehicles inside their garage to ensure an unobstructed interior roadway. 10. Access for construction activities shall be limited to Grand Avenue. No construction equipment, material and /or employees shall enter the site or be parked or stored on Holly Avenue or California Street. The General Contractor shall be responsible for compliance with this requirement and shall cooperate with the City by providing notification to all employees, materialmen and suppliers of this condition. Construction activity shall be limited to Monday- Saturday, 7:00 am - 6:00 pm. 11. On- street parking on the Grand Avenue frontage shall be prohibited to improve vehicle circulation and eliminate sight obstructions. The applicant shall consult with the Director of Public Works and bear any associated costs of such prohibition. 12. Left turns out of the project site may be prohibited during peak hours or at all times, and signed as such and designed subject to approval of City Traffic Engineer, if the City Engineer determines that this action is required in the future. 13. Pedestrian ingress and egress shall be made available for daily use by project residents and neighboring residents at the Holly Avenue emergency access and easements recorded for such access. 14. The applicant shall provide a looped fire water main system connected to public water mains at least two points with on- site hydrants spaced not more than 300 feet apart along the fire lane. The applicant shall bear the cost of any water main distribution enlargement made necessary by this condition. 15. An emergency access system at Holly Avenue shall be reviewed and approved by the Fire Chief and Director of Planning prior to issuance of a building permit. 16. The circulation roadway within the complex shall be a required fire lane and no parking shall be allowed. 17. Fire hydrants shall be placed on the on -site fire main spaced 150' from any portion of any building at grade level. The fire water main shall meet the Insurance Service Offices fire flow requirement. 18. The project development shall be provided with a fully automatic sprinkler system. 19. Applicant shall pay a fire /life safety mitigation fee of 11 cents per gross square foot to offset the increased incremental impact upon Fire services prior to issuance of the Certificate of Occupancy. 20. Exterior security lighting shall be directed toward the site and away from adjacent land uses and roadway, subject to the review and approval of the Police Chief and the Director of Planning. 21. Building plans shall be reviewed for on -site security -4- 0- 011988.PL systems with the Police Department prior to issuance of a building permit. 22. Applicant shall pay a one -time mitigation fee of $138,386 to offset increased demand for Police Department services prior to issuance of the Certificate of Occupancy. 23. The applicant shall submit a landscape and irrigation plan for review and approval by the Director of Recreation and Parks, and Director of Planning prior to issuance of a Certificate of Occupancy. The plan shall include major plantings, open spaces, pedestrian facilities, recreation facilities, and gateway treatment plan for all three project entrance sites, and berming along Grand Avenue. 24. Applicant shall pay a library service mitigation fee of 3 cents per gross square foot (including garage square footage) to offset the increased demand on Library services. 25. All planned sewer connections shall be checked for elevation prior to starting construction. Sewer discharge for the project shall be directed to pump station No. 4 via Holly Avenue. 26. All utilities shall be placed underground in accordance with SHSP General Provision No. 12. 27. After demolition of the present structures, the site shall be tested for arsenic contamination in the former railroad right -of -way, residual asbestos and hazardous substances in the building area, and hydrocarbons throughout the site. Testing shall be performed and certified by a registered soils engineer and filed with the City before the development may progress beyond the demolition stage. 28. Before the issuance of a building permit, all contaminated soils shall be removed to the satisfaction of the City's Building, Fire and Public Works Departments. Removal of contaminated soils shall be in accordance with recognized practices. The applicant shall supply adequate documentation, including retesting if appropriate, that the site is safe for residential development and habitation. 29. On -site recreational facilities including, but not limited to, an outdoor swimming pool, spa, tot lot, and clubhouse facility shall be provided on -site. 30. The swimming pool shall be independently fenced from the remainder of the project. 31. The applicant shall reimburse the City for all required street signs (i.e. parking restriction, etc.), and removal and replacement of all broken, cracked, off -grade or damaged curb, gutter, sidewalk, pavement and driveways. All work shall be performed to the satisfaction of the Director of Public Works. 32. The applicant shall upgrade and /or install a street lighting system along street frontages to the satisfaction of the Director of Public Works. 33. All units shall be equipped with cable television connections. 34. The project's architecture shall be similar in character to elevations submitted with the original application; and shall be developed, constructed and maintained in substantial compliance with the elevations and drawings presented at the Planning Commission meeting of 12 -3 -87, with a maximum of 88 dwelling units provided on -site and inclusive of a tot lot in the northwest corner of the site. Garage doors shall be roll -up style doors. -5- 0- 011988.PL 35. Applicant shall make an irrevocable offer of dedication of up to 18 feet of the entire project frontage along Grand Avenue for the purpose of widening Grand Avenue at some future time upon demand of the City of E1 Segundo. The subdivision map shall be revised to reflect such dedication. 36. Applicant shall pay a fee of $250 per unit to be placed in a traffic mitigation fund, with the use of such fund intended for traffic signal related matters, subject to the determination of the City Traffic Engineer. 37. Applicant shall furnish surety, acceptable to the City Attorney, in the amount of $25,000 guaranteeing for a period of one (1) year from date of Certificate of Occupancy that public improvements adjacent to the project site (ie. from property line to centerline of adjacent streets) that are damaged as a result of heavy equipment traffic entering the site during construction will be repaired and /or replaced. 38. Parking for the project shall meet the handicapped parking requirements as enforced by the Building Safety Department. 39. Any payment of fees required as Mitigation measures or conditions of approval shall be required prior to issuance of any Certificate of Occupancy. SECTION 2. The City Council hereby approves Zone Change 87 -2, and the Smoky Hollow Site Plan 87 -4, as modified by the mitigation measures and deletion of the excess parking spaces within the front setback, subject to the following conditions: 1. Applicant shall provide each dwelling unit with private, open space adjacent to each unit and physically separated from common areas. 2. Applicant shall provide each unit with a trash compactor. 3. Applicant shall provide and maintain meter access for the adjacent residence at 401 California Street. 4. Applicant shall pay a fee of $1,500 per unit to offset the negative fiscal impact of the project on City services. 5. Applicant shall reconfigure the common driveway approach on Grand Avenue located at the westerly property line to ensure a minimum standard driveway for the adjacent property owners, subject to the review and approval of the Director of Public Works. 6. Applicant shall replace the tot lot in middle of site with a clubhouse facility, and place tot lot in the northwest corner of the site; both facilities shall be subject to the review and approval of the Director of Parks and Recreation. The existing gunnite slope at the northwest corner of the site shall be fenced off and /or heavily landscaped to remove its potential as an attractive nuisance to children. 7. All visitor parking spaces shall be labeled "Visitor," and maintained at all times for visitor use. 8. To ensure adequate buffering of the residential property, the landscaping shall include specimen trees and densely planted landscaping materials distributed throughout the site, subject to the review and approval of the Director of Parks and Recreation. -6- 0- 011988.PL SECTION 3. The City Council further approves Subdivision 87 -6 (Tentative Tract Map No. 44764), as amended to include dedication along Grand Avenue; approves the variance requests to exceed wall heights and permit vehicular access on Grand Avenue; and denies the variance request to allow parking encroachment into front and side yards. SECTION 4. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be pubished once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED THIS 2nd day of February , 1988. (SEAL) �l o the City of E1 Segundo, California I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of E1 Segundo at a regular meeting held on February 2, 1988 by the following vote of the Council: AYES: Councilmembers Jacobson, Schuldt, West, and Mayor Siadek NOES: Councilmembers None ABSENT: Councilmembers An erson (SEAL) City Clerk of the City of E1 Segundo, California -7- 0- 011988.PL