CC RESOLUTION 4937RESOLUTION NO. 4937
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA -1122 AND MODIFICATIONS TO CONDITION OF APPROVAL NO.
5L FOR THE PLAZA EL SEGUNDO AND THE POINT DEVELOPMENT
PROJECT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On March 15, 2005, the City Council approved a development known as
Plaza El Segundo. Approvals for that development were subsequently
amended to allow for different types of uses including, among others,
Health Clubs and Fitness Center (2007); Health /Skin Care and automobile
sale uses (2008); fast food restaurants, banks, dance /music studios
(2009); and medical and dental offices (2010);
B. On September 17, 2013, the City Council adopted Resolution No. 4838
and Ordinance No. 1481 approving a modification and expansion to Plaza
El Segundo called "The Point" on Plaza El Segundo Project Site Phase
1B, which consists of 13.05 gross acres south of the Union Pacific
Railroad tracks;
C. On July 22, 2015, Street Retail, Inc. filed an application for an
Environmental Assessment (EA -1122) to modify condition No. 5L of
Resolution No. 4415 and Ordinance No. 1382 as amended by Resolution
No. 4542 and Ordinance No. 1417 regarding fencing requirements for the
Plaza El Segundo (and "The Point ") development project;
D. The application from Street Retail, Inc. was reviewed by the City's
Planning and Building Safety Department for, in part, consistency with the
General Plan and conformity with the El Segundo Municipal Code
( "ESMC ");
E. 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);
F. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the project before the Planning
Commission for September 24, 2015;
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G. On September 24, 2015, the Planning Commission opened a public
hearing to receive public testimony and other evidence regarding the
applications including, without limitation, information provided to the
Commission by City Staff, public testimony, and representatives of Street
Retail, Inc. Following the public hearing, the Planning Commission
adopted Resolution No. 2783 recommending that the City Council approve
the project;
H. On November 3, 2015, the City Council held a duly advertised public
hearing in the Council Chamber of the El Segundo City Hall, 350 Main
Street to receive public testimony and other evidence regarding the
applications including, without limitation, information provided to the
Council by City Staff, public testimony, and representatives of Street
Retail, Inc.;
This Resolution and its findings are made based upon the testimony and
evidence presented to the City Council at its November 3, 2015 public
hearing including, without limitation, the staff report submitted by the
Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the
following facts exist and makes associated conclusions:
A. Condition No. 5L as currently adopted states that: "A combination of a
fence constructed of 6 -foot high wrought iron or steel tubing and a six -foot
high solid wall compatible with the fence and wall materials on the portion
of the site north of the Union Pacific Railroad right -of -way must be
constructed along the northern property line of Project Site Phase 1B for
those portions east of the eastern edge of the Sepulveda Boulevard right -
of -way with screening of the right -of -way with the use of landscaping, that
includes without limitation, vines, hedges and /or trees to the satisfaction of
the P.B.S. Director excepting those areas closest to Sepulveda Boulevard
prohibited by Union Pacific Railroad for visibility and safety reasons."
B. The proposed modification would amend Condition No. 5L to allow a six -
foot high chain link fence along the northern property line of Project Site
Phase 1B with screening of right -of -way with the use of landscaping,
including, without limitation, vines, hedges and /or trees to the satisfaction
of the P.B.S. Director. In addition, the modification would allow a 1.5 -foot
high three - strand barbed wire fence to be placed on top of the chain link
fence.
C, The proposed chain link and barbed wire fence would discourage
trespassing and improve visibility of approaching trains to pedestrian and
vehicular traffic along Sepulveda Boulevard.
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D. The required solid wall would require excavation to install foundations to
support its weight and potential wind load. The area of this excavation is
subject to a No Further Action Letter issued by the Los Angeles Regional
Water Quality Control Board, and associated deed restrictions. New
excavations would likely require notifications, environmental monitoring
and possible additional remediation, mitigation and clean -up activities. As
a result, construction of the required solid wall would impose a burden on
the applicant in terms of cost and time.
E, The north property line of The Point extends approximately 1,690 feet and
is located at a grade that varies, but is lower by as much as 12 feet than
the grade at the adjacent parking lot at The Point. Therefore, the
proposed seven -foot fence will be less visible from the parking area at The
Point.
SECTION 3: Environmental Assessment. The City Council makes the following
environmental findings:
& The City Council certified a Final EIR (FEIR) on March 1, 2005 for the
Plaza El Segundo project.
B. The proposed condition modification is consistent with the
Program /Project Environmental Impact Report, entitled
Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development
Final Environmental Impact Report (State Clearinghouse No.
2003121037), which the City prepared as the Lead Agency. The FEIR
analyzed the environmental impacts of the development project, including,
without limitation, aesthetic impacts. The FEIR was certified by the City
Council on March 15, 2005 and the Statement of Overriding
Considerations was adopted as Section V of City Council Resolution No.
4415. None of the elements set forth in Public Resources Code § 21166
or CEQA Guidelines § 15162 and 15168(c)(2) exists since the proposed
changes the types of walls /fencing would not result in a new significant
impact to the environment or require new mitigation measures.
C. No subsequent or supplemental Environmental Impact Report, Mitigated
Negative Declaration or Addendum is required to be prepared before
adopting the draft Ordinance approving the proposed modification.
SECTION 4: General Plan. The proposed modification is a minor change to the
approved Plaza El Segundo and The Point development project.
Therefore, it conforms with the General Plan as discussed in adopted
Resolution No. 4415 and Ordinance No. 1382, as amended by Resolution
No. 4542 and Ordinance No. 1417, and subsequently amended by
Resolution No. 4838 and Ordinance No. 1481.
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SECTION 5: Approvals. The City Council hereby approves a modification to Condition
of Approval No. 5L of Resolution No. 4415 and Ordinance No. 1382 as
amended by Resolution No. 4542 and Ordinance No. 1417 regarding
fencing requirements for the Plaza El Segundo (and "The Point ")
development project. Condition of Approval No. 5L is amended to read
as follows:
"A six -foot high solid wall must be constructed along the southern property
line of Lot 15 of Vesting Tract Map No. 061630 for at least a length of 200
feet from the eastern edge of the Sepulveda Boulevard right -of -way. A
six -foot high wall or a fence constructed of vinyl chain link or other material
must be constructed along the remaining property lines of the Project Area
abutting the Union Pacific Railroad right -of -way with screening of the right -
of -way with the use of landscaping, including, without limitation, vines,
hedges and /or trees to the satisfaction of the P.B.S. Director. A six -foot
high chain link fence or other material aesthetically compatible with
existing fencing or walls in the Project Area must be constructed along the
northern property line of Project Site Phase 1 B abutting the Burlington
Northern Santa Fe Railroad right -of -way to the satisfaction of the P.B.S.
Director. Additionally, screening of the right -of -way with the use of
landscaping, including, without limitation, vines, hedges and /or trees is
required to the satisfaction of the P.B.S. Director. An eighteen -inch high,
three - strand barbed wire fence may be placed upon the top of the chain
link fence for the entire length of this fence (approximately 1,690 feet)."
SECTION 6: Reliance on Record. Each and every one of the findings and
determinations in this Resolution 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 City Council in all
respects and are fully and completely supported by substantial evidence
in the record as a whole.
SECTION 7: Limitations. The City 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 City 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.
SECTION 8: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial 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.
SECTION 9: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 10: According to the El Segundo Municipal Code, a copy of this Resolution
shall be mailed to Street Retail, Inc., and to any other person requesting
a copy.
SECTION 11: This Resolution is the City Council's final decision and will become
effective immediately upon adoption.
Resolution No. 4937, PASSED, APPROVED AND ADOPTED this 3rd day of
November, 2015.
ATTEST:
Tracy,' avr, City,,Cl r
APPROVED AS TO FORM:
MARK D. HENSL ity Attorney
Suzan ae Fuentes, Mayor
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CERTIFICATION
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, 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 Resolution
No. 4937 was duly passed, approved and adopted by said City Council at a regular meeting held
on the 3rd day of November, 2015, approved and signed by the Mayor, and attested to by the City
Clerk, by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member Atkinson, Council
Member Fellhauer, Council Member Dugan
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 8th day of December, 2015.
�11-t-� -iz// -
, , y Weaver, City Clerk
of the City of El Segundo,
California
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