ORDINANCE 1511 ORDINANCE NO. 1511
AN ORDINANCE 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 ordain 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;
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.;
L This Ordinance 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. Environmental Assessment. The City Council makes the following
environmental findings:
A. 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.
2
SECTION 3: Factual Findings and Conclusions. The City Council finds and
declares that the factual findings and conclusions set forth in
Resolution No 4637, adopted on November 3, 2015, are
incorporated as if fully set forth.
SECTION 4: 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 113 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 5: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance 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.
3
SECTION 5: 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 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 7: 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 8: Effectiveness of SSMC. Repeal or amendment of any provision of
the ESMC will not affect any penalty, forfeiture, or liability incurred
before or preclude prosecution and imposition of penalties for any
violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action
or prosecuting violations occurring before the effective date of this
Ordinance.
SECTION g: Memorialization. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City
of El Segundo's book of original ordinances; make a note of the
passage and adoption in the records of this meeting; and, within
fifteen (15) days after the passage and adoption of this Ordinance,
cause it to be published or posted in accordance with California
law.
SECTION 10. Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council
intends that such invalidity will not affect the effectiveness of the
remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
4
SECTION 11: Effective Date. This Ordinance will become effective on the thirty-
first (31 st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED ORDINANCE 1511 this 17TH
day of November, 2015.
:
�§u aftne Fuentes, Mayor
ATTEST:
Tracy Wo ver, City Cl' rk
APPROVED AS TO FORM:
By:
Mark D. Hens4jQ'
[4 Attorney
5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
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 Ordinance No. 1511 was duly introduced by said City Council
at a regular meeting held on the 3rd day of November 2015, 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
17th day of November 2015, and the same was so passed and adopted by the
following vote:
AYES: Mayor Fuentes, Mayor Pro Tem 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 8t" day of
December, 2015.
T cy Weaver, C.._........_._..........._....._...
ity Clerk
of the City of El Segundo,
California
6