ORDINANCE 1291ORDINANCE NO. 1291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT NO. DA 98 -2 FOR AN
AMENDMENT TO THE GRAND AVENUE CORPORATE
CENTER, PROJECT AREA FOUR (PLAN B), AND
ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY
AT 555 NORTH NASH STREET AND ADOPTING FINDINGS
IN SUPPORT THEREOF. PETITIONED BY L.A. ICE
VENTURE COMPANY, LLC.
RECITALS
WHEREAS, the project applicant, L.A. Ice Venture Company, LLC ( "Owner "), owns
certain real property, 5.95 acres in size, generally located along the west side of Nash Street south
of Mariposa Avenue and north of Grand Avenue (the "Property "), in the City of El Segundo
( "City "); and,
WHEREAS, the Owner proposes to amend the previous approvals of the Development
Agreement (DA 98 -1) to allow an additional approximate 15,000 square feet for a total of 135,000
square feet on the property for a Sports Training and Recreation Facility ( "Project ") within the Grand
Avenue Corporate Center (GACC); and,
WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone ").
The MU -N Zone provides for development of a mixture of compatible commercial, office, research
and development, retail and hotel uses, and recreational facilities with approval of a conditional use
permit; and,
WHEREAS, in connection with development of the GACC, the GACC Owner submitted
applications for approval of Environmental Assessment No. EA -430; Vesting Tentative Tract Map
No. 52427 (Subdivision 98 -1); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No.
98 -1; and Development Agreement No. DA 98 -1; and,
WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the
requirements of the California Environmental Quality Act ( "CEQA" ), Cal. Public Resources Code
Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of
certain mitigation measures, would not cause any significant environmental impacts. Accordingly,
a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared.
As more particularly described in the MND, the Project will not cause any significant environmental
impacts given, among other things, its design and mitigation measures; and,
ORDINANCE NO. 1291
APPROVING DA-98-2 -
AMENDMENT TO GRAND AVENUE
CORPORATE CENTER
LA ICE VENTURE CO.
PAGE NO. I
WHEREAS, a Notice of Intent for the GACC Project to issue a MND was prepared on
March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the
County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of
Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for
public review and comment on March 4, 1998. Copies of the MND were mailed to all potential
responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND
was also mailed to all interested parties. The 30 -day comment period for the MND ended on April
3, 1998; and,
WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission
( "Commission ") held duly noticed public hearings to consider the GACC Project, including the
Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and notice of
the hearings was given in the time, form and manner prescribed by law; and,
WHEREAS, opportunity was given to all persons present to speak for or against the GACC
Project; and,
WHEREAS, at said hearing the facts for the GACC Project as contained within the projects
Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes,
and all other file documents, were established; and,
WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2413 and 2416
recommending to the City Council approval of a Development Agreement and a Mitigated Negative
Declaration of Environmental Impacts for the Development Agreement for the GACC Project; and,
WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public
hearings to consider the GACC Project and the MND in the Council Chamber of the City Hall, 350
Main Street, and notice of the hearings was given in the time, form and manner prescribed by law;
and,
WHEREAS, opportunity was given to all persons present to speak for or against the GACC
Project; and,
WHEREAS, at said hearings the facts for the GACC as contained within the projects Initial
Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all
other file documents, were established; and,
ORDINANCE NO. 1291
APPROVING DA -98 -2 -
AMENDMENT TO GRAND AVENUE
CORPORATE CENTER
LA ICE VENTURE CO.
PAGE NO. 2
WHEREAS, an Environmental Assessment (EA -467), for the proposed additional approximate
15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed
amendments do not involve substantial changes to the previous approvals and therefore, pursuant to
the CEQA Guidelines Section 15162 (b), no further environmental review is required. In addition,
according to the City's Local CEQA Implementation Procedures (Resolution No. 3805) Sections
5(B)(2)(iii), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square
feet maybe exempt from the requirements of CEQA if the Director of Planning and Building Safety
determines that no substantial evidence exists that the project may have a significant effect on the
environment. The Director has analyzed the project's potential to create environmental impacts and
determined that, based on new and previously gathered evidence, the proposed floor area increase will
not have a significant effect on the environment; and,
WHEREAS, the Planning Commission has reviewed the application and supporting evidence
with the authority and criteria contained in the California Environmental Quality Act, State CEQA
Guidelines and the City of El Segundo Guidelines for the Implementation of the California
Environmental Quality Act (Resolution No. 3805); and,
WHEREAS, on December 10, 1998, the Planning Commission did hold, pursuant to law, a
duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main
Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and
the Planning Commission adopted Resolution No. 2438 on December 10, 1998 recommending
approval of the proposed Amended Development Agreement; and,
WHEREAS, on December 15, 1998 and January 5 and 19, 1999, the City Council did hold,
pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City
Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner
prescribed by law; and,
WHEREAS, opportunity was given to all persons present to speak for or against the findings
of Environmental Assessment EA -467 and Development Agreement Extension 98 -2; and,
WHEREAS, at said hearings the following facts were established:
1. The project site consists of 5.95 acres.
2. The project consists of a Sports Training and Recreation Facility with approximately 135,000
square feet with a maximum floor area ratio of 0.52:1.
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LA ICE VENTURE CO.
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3. The subject proposal is covered by the following previous approvals and agreements:
* Environmental Assessment EA -430, Subdivision 98 -1 for Vesting Tentative Map No.
52427, Conditional Use Permit No. 98 -2, Parking Demand Study No. 98 -1 and
Development Agreement 98 -1, which were approved by Planning Commission
Resolution Nos. 2413, 2414, 2415 and 2416, respectively, and City Council
Ordinance No. 1287.
* A Development Agreement (Instrument No. 98- 1109405) was executed on June 30,
1998 pursuant to which the City granted the Developer the right to construct the project
in accordance with the rules, regulations, zoning, and official policies existing at the
time.
4. The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current
General Plan Land Use designation of the site for Urban Mixed -Use North. The subject
proposal is consistent with the intent of the MU -N zoning designation by allowing for
commercial, office, retail, restaurant and recreational uses.
5. The surrounding areas to the west, north, south and east are developed, or planned to be
developed, with office uses, research and development, restaurants, and hotels. The properties
to the north, south, and east are zoned Mixed -Use North (MU -N), and to the west Corporate
Office (CO).
6. The project site is located within the northeast portion of the City of El Segundo, approximately
one quarter -mile west of the San Diego (I -405) Freeway and one mile south of the Glenn
Anderson (I -105) Freeway. The Metro Green Line and a station at Mariposa Avenue are
located adjacent to, and north of, the project site. Local jurisdictions near the site include the
City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located
south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard.
NOW, THEREFORE, BE IT ORDAINED that after considering the above referenced facts for
the subject project; the GACC Project Approvals and the information contained therein; the Initial
Study and the MND for the GACC; and the testimony and other evidence offered at the public
hearings, the City Council approves Development Agreement No. 98 -2 (Amendment to D.A. 98 -1)
and makes the following findings in support thereof:
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APPROVING DA -98 -2 -
AMENDMENT TO GRAND AVENUE
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LA ICE VENTURE CO.
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1. General Findings
(a) Reliance on Record. Each and all of the findings and determinations contained
herein are based on the competent and substantial evidence, both oral and written, contained in the
entire record relating to the Project. The findings and determinations constitute the independent
findings and determinations of the Council in all respects and are fully and completely supported by
substantial evidence in the record as a whole.
(b) Nature of Findings. Any finding made by the Council shall be deemed made,
regardless of where it appears in this document. All of the language included in this document
constitutes findings by the Council, whether or not any particular sentence or clause includes a
statement to that effect. The Council intends that these findings be considered as an integrated whole
and, whether or not any part of these findings fail to cross - reference or incorporate by reference any
other part of these findings, that any finding required or committed to be made by the Council with
respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any
portion of these findings.
(c) Limitations. The Council's analysis and evaluation of the Project is based on the
best information currently available. It is inevitable that in evaluating a Project that absolute and
perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations
on analysis of the Project is the Council's lack of knowledge of future events. In all instances, best
efforts have been made to form accurate assumptions. Somewhat related to this are the limitations
on the City's ability to solve what are in effect regional, state, and national problems and issues. The
City must work within the political framework within which it exists and with the limitations
inherent in that framework.
(d) Summaries of Information. All summaries of information in the findings to follow
are based on the evidence in the record. The absence of any particular fact from any such summary
is not an indication that a particular finding is not based in part on that fact.
(e) Mitigation Measures. These findings are based on the various mitigation measures
which were required and adopted in the implementation of the GACC Project as recommended by
the MND or identified by the MND as already having been incorporated into the Project.
2. General Plan Consistency
(a) Economic Development Element - -The Project and the Development Agreement are
consistent with the goals and objectives of the Economic Development Element of the General Plan,
in particular Policies ED 1 -1.1, 1.2, 2.1 and 2.2, in at least the following ways:
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(1) The Project will improve the City's tax base by bringing commercial
development to a vacant parcel of property.
(2) The Project will diversify and expand the City's economic base by
developing a mix of new commercial, retail, office and recreational activities on the Property.
(3) The Project will contribute to the investment in the City's infrastructure by
contributing to traffic improvement projects in the vicinity of the Property and facilitating the
reclamation of water by installation of a connection to El Segundo Boulevard water line.
(b) Land Use Element- -The Project and the Development Agreement are consistent with
the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1.1,
1.2, 1.4, 3.1, 3.2, 3.5, 3.6, 4.3, 4.4, 4.6, 4.7, 4.8 and 7 -2.3, in at least the following ways:
(1) The Property is zoned Urban Mixed Use - -North. That zoning designation
provides for a mixture of compatible commercial, office, research and development, retail, restaurant
and hotel uses. The Project entails many of these identified uses, such as office, retail, and
restaurant, and additionally recreational uses.
(2) The Project will provide mixed uses, including commercial uses, in close
proximity to the MTA Green Line.
(3) The close proximity of the Project to the MTA Green Line will encourage
employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting
by automobile.
(4) Landscaping shall be provided throughout the Project, which shall be
maintained by automated irrigation systems.
(5) The Project shall meet all applicable seismic safety standards, as well as all
applicable noise, air quality, and other environmental regulations.
(6) The Project provides pedestrian links in the appropriate areas.
(7) The Project's utilities shall be placed underground.
(8) The Project shall not impact the quality or adequacy of the City's various
public services, such as police, fire and library services.
uses.
(9) The Project shall promote a stable tax base for the City through commercial
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LA ICE VENTURE CO.
PAGE NO. 6
(c) Circulation Element - -The Project and the Development Agreement are consistent
with the goals and objectives of the Circulation Element of the General Plan, in particular Policies
C1 -1.8, 1. 131, 3.2; 2 -1.1, 1.4, 1.7, 2.2, 3.3 and 5.1, in at least the following ways:
(1) The Project will mitigate project - related transportation impacts to below the
level of significance.
(2) The Project will provide the necessary amount of parking by on and off -site
means.
(3) The Project will comply with any applicable regulations regarding
preferential parking areas and /or promotion of ride share.
(4) The Project will provide pedestrian and bicycle access to the site.
(5) The Project will promote and enhance the use of the MTA Green Line.
(6) The Project will implement the appropriate measures from the City's
Transportation Demand Management policy, such as ridesharing, carpooling and preferential
parking.
(7) The Project will provide access to emergency vehicles.
(d) Open Space and Recreation Element - -The Project and the Development
Agreement are consistent with the goals and objectives of the Open Space and Recreation Element
of the General Plan, in particular Policies OS 1-2.3, 2.5, 2.8 and 5.2, in at least the following ways:
(1) The Project will provide various on -site recreational facilities, such as a
sports training/recreational facility open to public and private uses.
(2) The Project will provide open space areas, landscaping and street trees.
(e) Conservation Element - -The Project and the Development Agreement are consistent
with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in
at least the following ways:
(1) All landscape areas will be serviced by an automatic irrigation system that
uses recycled water.
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PAGE NO. 7
(2) Reclaimed water shall be provided for landscaping uses by installation of a
connection to the El Segundo Boulevard water line. Through the use of appropriate landscaping and
setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood.
(3) No existing landscaped area will be lost since there is no such areas presently
at the Property.
(4) The Property does not contain any rare or endangered plant or animal species.
(f) Noise Element
The Project and the Development Agreement are consistent with the goals and
objectives of the Noise Element of the General Plan in at least the following ways:
(1) The Project will mitigate all potential noise impacts and thereby meet the
City's Noise Ordinance Standards.
(g) Air Quality Element
The Project and the Development Agreement are consistent with the goals and
objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1.1, 1.2; 12 -1.2
and 1.3, in at least the following ways:
(1) The Project will mitigate air quality impacts to a level of insignificance by
implementing various traffic mitigation measures and complying with applicable rules by the South
Coast Air Quality Management District (e.g., Rule 403).
(2) The Project will incorporate energy conservation measures, including motion
sensitive light activation switches and applicable State energy conservation measures.
3. Zoning Consistency
(a) The Property is zoned Urban Mixed Use - -North. This zoning designation provides
for a mixture of compatible commercial, office, research and development, retail, restaurant, and
hotel uses. The Project entails many of these identified uses, such as office, retail, restaurant, and
additionally recreational uses.
(b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio
(FAR) of 1:1.30. The Project FAR is consistent with the maximum allowed ratios provided by
zoning, at 0.52:1 FAR.
ORDINANCE NO. 1291
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AMENDMENT TO GRAND AVENUE
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LA ICE VENTURE CO.
PAGE NO. 8
4. FindinLys Required For Development Agreements
(a) The Development Agreement is entered into pursuant to City Council Resolution No.
3268 and California Government Code Sections 65864 through 65869.5.
(b) In accordance with that law, the Development Agreement identifies (1) the permitted
uses as set forth in the amendment, and (2) the statutes, ordinances, rules, regulations and official
policies governing zoning, development, density, permitted uses, growth management,
environmental consideration and design criteria applicable to the Project as set forth in and,
incorporated by reference in Ordinance No. 1287.
(c) Further in compliance with the above referenced law, the original Development
Agreement adopted by Ordinance 1287, and incorporated herein by reference, contains the following
provisions:
Periodic review at least every twelve (12) months as set forth in paragraph 10.
A demonstration of good faith compliance upon review as set forth in
paragraph 10.
A fixed duration for the development agreement as set forth in paragraph 13.
The maximum size of the proposed buildings as set forth in paragraph 6 and
Exhibit B.
Conditions, terms and restrictions concerning subsequent discretionary
actions as set forth in paragraph 8.
Time when construction shall commence as set forth in paragraph 6.
Time when construction shall be completed as set forth in paragraph 6.
(d) The benefits that will accrue to the people of the City from the adoption of the
Development Agreement include the following:
(1) Development of a property that is currently vacant and unused.
(2) Increasing and further stabilizing the City's tax base through development of
new commercial businesses.
Plan.
(3) Increase in employment opportunities for the City's citizenry.
(4) Development of a project that will increase the use of the MTA Green Line.
(5) Development of a project that is consistent with the elements of the General
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LA ICE VENTURE CO.
PAGE NO. 9
(6) Development of a project that will not cause any significant environmental
impacts.
(7) The Development Agreement will eliminate uncertainty in planning and
provides for the orderly development of the Property.
(e) The project is consistent with the objectives, policies, general land uses, and programs
specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1
allowing an approximate 15,000 square foot increase in the Sports Training and Recreation Facility
results in a FAR of 0.52:1, an increase of 0:02:1, which is below the maximum permitted by the
General Plan for the subject site. Furthermore, adequate parking is provided for the subject
expansion on -site and on the adjacent parcel.
(f) The project is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is located in that Sports Training and Recreation
facilities are compatible with the uses permitted in the Mixed Use — North Zoning district.
(g) The project is in conformity with the public convenience, general welfare and good
land use practice in that the proposed floor area increase will make the best use of the land area
available and a portion of the increase will be devoted to general public circulation, viewing and
locker areas within the Facility and thus further benefit the public convenience.
(h) The project will not be detrimental to the health, safety and general welfare in that
it is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and
is subject to review and approval by the City including on -site inspections during construction, prior
to occupancy, and parking review after occupancy.
(i) The proposed amendment to the previously approved project will not adversely affect
the orderly development of property or the preservation of property values in that it will benefit and
make feasible the previously approved project.
5. Findings Required Under CEQA
(a) Approval of a development agreement is typically subject to the requirements of
CEQA. In connection with, and as a basis for the City Council approval of the original Development
Agreement, Ordinance No. 1287, the Council adopted the CEQA Findings detailed in Resolution
No. 4063, in which the MND was adopted, which incorporated those Findings herein as though they
were set forth in full.
(b) That when considering the whole record, there is no evidence that the project will have the
potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends,
because the project is in a built -out urban environment; and
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(c) That the City Council authorizes and directs the Director of Planning and Building Safety to
file with the appropriate agencies a Certificate of Fee Exemption and de minimis finding pursuant to
AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Negative
Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of
$25.00 required by the County of Los Angeles for the filing of this certificate along with the required
Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be
met and no vesting shall occur until this condition is met and the required notices and fees are filed with
the County.
WHEREAS, Mayor Mike Gordon and Councilwoman Nancy Wernick do abstain from and
did not participate in the deliberations and decision on the subject Development Agreement.
NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves
Development Agreement No. DA 98 -2, subject to the following conditions:
1. Prior to approval of the building plans, the applicant shall develop plans, which
indicate that the project is in substantial conformance with plans approved and on file with the
Department of Planning and Building Safety. Any subsequent modification to the project as
approved shall be referred to the Director of Planning and Building Safety for a determination
regarding the need for Planning Commission review of the proposed modification.
2. Prior to the issuance of a building permit, the applicant shall submit an overall
Security and Crime Prevention Plan, including a complete exterior lighting plan and photometric
study, to the Police Department for review and approval, which shall address, but not be limited to,
as indicated in the preliminary Police Department memorandums dated February 24, November 10
and December 1, 1998, the following:
a. Monument and directional signs;
b. Addressing;
C. Lighting;
d. Telephones;
e. Landscaping;
f. Trash dumpsters (including space for recyclable materials);
g. Security cameras,and alarms;
h. Fences, walls;
i. Security doors and hardware;
j. Office;
k. Outdoor, in -line skating facility;
1. On -site security personnel;
M. Parking;
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n. Secured parking and general security for professional athletes and team areas;
o. Cash management system, including safes, and cash registers;
P. Public locker rooms;
q. Exterior stairwell enclosures;
r. Exterior ladders;
S. Exit doors;
t. Shipping/Receiving dock area; and
u. Smooth surface front desk, cash register and service counter materials.
All Security and Crime Prevention Plan measures shall be installed per the approved plans or shall
be operational prior to the issuance of a certificate of occupancy for the applicable main building
3. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected
and appointed officials, officers, agents, and employees from and against any and all claims, actions,
causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of
Environmental Assessment EA -467 and Development Agreement 98 -2, Amendment to Grand Avenue
Corporate Center Project Area 4 (Plan B).
This ordinance shall become effective at midnight on the thirtieth (30) day from and after the
final passage and adoption hereof.
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 note of the passage
and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall
within 15 days after the passage or adoption thereof cause the same to be published or posted in
accordance with the law.
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PASSED, APPROVED AND ADOPTED this
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
19th day of January, 1999.
Mike Gordon, Mayor
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 1291
was duly introduced by said City Council at a regular meeting held on the 15' day of December,
1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor and
attested to by the City Clerk, all at a regular meeting of said Council held on the 19' day of January,
1999, and the same was so passed and adopted by the following vote:
AYES: Jacobs, McDowell, Gaines
NOES: None
ABSENT: None
ABSTAIN: Gordon, Wernick
Cindy Mortesen, City Clerk u
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
p:projects \451 -475 \467 \0rd
ORDINANCE NO. 1291
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AMENDMENT TO GRAND AVENUE
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