ORDINANCE 1522 ORDINANCE NO. 1522
AN ORDINANCE AMENDING THE 540 EAST IMPERIAL AVENUE
SPECIFIC PLAN (540EIASP) AND AMENDING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE EL
SEGUNDO UNIFIED SCHOOL DISTRICT RELATING TO THE SAME
(SPECIFIC PLAN AMENDMENT NO. 16-01;
DEVELOPMENT AGREEMENT AMENDMENT NO. 16-01
[DEVELOPMENT AGREEMENT NO. 5200])
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On January 26, 2012, the El Segundo Planning Commission approved
Environmental Assessment No. EA-890, General Plan Amendment No.
10-03, Zone Change No. 10-01, Specific Plan 10-03, Zone Text
Amendment No. 10-06, Development Agreement No. 10-02, and
Subdivision No. 10-01 for Vesting Tentative Map Nos. 71410 and 71582 to
allow for the construction of one of two possible conceptual options on a
5.65-acre surplus school site. Option 1 consisted of a three-story, 150 unit
assisted living complex and a 154-unit senior apartment/condominium
complex. Option 2 consisted of 34 multi-family dwelling units taking
access from Imperial Avenue, and 24 single-family dwelling units taking
access from Walnut Avenue, for a total of 58 units;
B. On March 20, 2012, the City Council approved the project and certified the
Environmental Impact Report (EIR);
C, On May 1, 2016, D.R. Horton Homes CA2 Inc. (the applicant), filed an
application with approval from the El Segundo Unified School District (the
property owner) for Environmental Assessment (EA No. 1154), Specific
Plan Amendment No. 16-01 for Specific Plan No. 10-03, Development
Agreement Amendment No. 16-01 for Development Agreement No 10-
03, and Amended Subdivision No. 16-01 for Vesting Tentative Map No.
71582 for 25 lots, to modify the Option 2 portion of the 540 East Imperial
Avenue Specific Plan, to allow construction of a 58-unit mixed residential
development ("proposed project");
D. The applications were reviewed by the City of El Segundo 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
ORDINANCE No. 1522
Page 2 of 9
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, An Addendum to the previously certified Environmental Impact Report
(EIR) was prepared pursuant to the requirements of CEQA Guidelines §
15164;
G. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for September 8, 2016;
H. On September 8, 2016, the Commission held a public hearing to receive
public testimony and other evidence regarding the applications including,
without limitation, information provided to the Commission by City staff
and public testimony, and representatives of D.R. Horton Homes CR2
Inc., and adopted Resolution No.2805 recommending that the City Council
approve the project;
I. On September 28, 2016, the City Council held a public hearing and
considered the information provided by City staff and public testimony
regarding this Ordinance; and
J. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the City Council at its September 28, 2016 hearing and 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 completed an Addendum to the previously certified Environmental
Impact Report (EIR) for this project. Under CEQA, an Addendum to a
previously certified EIR is appropriate if minor changes or additions to the
EIR are necessary to reflect the proposed modifications to the project in the
environmental analysis and none of the conditions described in section
15162 of the CEQA Guidelines calling for the preparation of a subsequent
EIR or negative declaration have occurred (CEQA Guidelines §15164).
Generally, the conditions described in Section 15162 have not occurred if
the proposed modifications do not result in any new significant impacts or a
substantial increase in the severity of previously identified significant
impacts. The Addendum need not be circulated for public review (CEQA
Guidelines §15164[c]); however, an addendum must be considered by the
ORDINANCE No. 1522
Page 3 of 9
decision-making body before making a decision on the project (CEQA
Guidelines §15164[d]).
B. This Addendum to the previously-certified EIR demonstrates that the
environmental analysis, impacts, and mitigation measures identified in the
2012 EIR for Environmental Assessment No. EA-890 remain substantively
unchanged despite the proposed project revisions. It supports the finding
that the proposed project does not raise any new issues and does not
exceed the level of impacts identified in the previous Environmental
Impact Report. The mitigation measures listed in the certified EIR for EA
890, are still sufficient to reduce the identified environmental impacts to a
less than significant level.
C. The City Council adopted a Statement of Overriding Consideration (SOC)
for the following EA 890 impact areas:
A. Air Quality - Construction. Temporary construction activities for
either Option 1 or Option 2 would violate air quality standards for
VOC's even with full implementation of the identified mitigation
measures (MM4.1-1 through MM4.1-16).
B. Noise - Operation. While neither project (Option 1 or Option 2)
would result in a substantial ongoing increase in exterior noise
levels during operation, both project Options would increase the
permanent, noise sensitive residential population on the project site
even with full implementation of MM4.3-6 and MM4.3-7 because of
the site's proximity to LAX.
This Addendum found these impacts were not made worse by the
project modifications. Therefore, the Statement of Overriding
Consideration (SOC), adopted by Council Resolution 4772 and
Ordinance 1469, will remain.
SECTION 3: General Plan and Specific Plan Findings. After considering the above
facts, the City Council finds as follows:
A. Following a Specific Plan Amendment, the General Plan Land Use
Designation of the project site will remain unchanged; 540 East Imperial
Avenue Specific Plan (EIASP). This designation is intended for senior
housing consisting of apartments or condominiums, senior housing
consisting of assisted and/or independent living units, single-family and/or
multi-family housing units consisting of market rate and affordable
apartments or condominiums. As conditioned, the proposed project Option
1 or Option 2 would be compatible with the General Plan.
B. The General Plan contains a number of relevant Goals, Objectives, and
Policies in the Land Use Element. Implementation of the proposed project
ORDINANCE No. 1522
Page 4 of 9
is consistent with Land Use Element Policy LU3-2.1 to "promote high
quality Multi-Family Residential developments with ample open space,
leisure and recreational facilities." If approved, the development will be
built and maintained in accordance with these requirements and
regulations and the requirements and regulations of the 540 East Imperial
Avenue Specific Plan.
C. The proposed project is consistent with Land Use Element Objective LU3-
3 to "encourage the development of viable attractive neighborhoods, free
from blight and deterioration" in that the project will provide a new housing
development on a site that is currently developed with eight vacant and
deteriorating single-story brick structures formerly used as classrooms and
offices for the Imperial Avenue Elementary School.
D. The proposed project is consistent with Housing Element Goal 2 to
"Provide sufficient new, affordable housing opportunities in the City to
meet the needs of groups with special requirements, including the needs
of lower and moderate income households," Housing Element Policy 2.1
to "establish and maintain land use controls to accommodate the housing
needs of the elderly, disabled, and other special needs households; and
Housing Element Policy 2.2 to "facilitate the creation of affordable home
ownership opportunities for extremely low, very low, and low income
households; in that the project will provide much need housing for all
income levels with a 15 percent set aside for extremely low, very low and
low income households in Option 1, and a 10% set aside for Option 2.
E. The proposed project is consistent with certain Circulation Element
Objectives and Policies based upon a Traffic Study performed for the
project. The Traffic Study determined that the proposed project Option 1
would generate 956 daily trips with 46 morning peak hour, and 83 evening
peak hour trips. Option 2 would generate 428 daily trips, 34 in the morning
peak hour and 42 in the evening peak hour. Additional trips generated by
the project will be mitigated by a traffic mitigation fee. The Traffic Study
found that neither Option 1 nor Option 2 of the proposed project would
significantly impact any study intersections therefore, no mitigation
measures are required or proposed for the project. Consequently, the
project is consistent with the following Circulation Element Objectives and
Policies:
1, C1-1 to "provide a roadway system that
accommodates the City's existing and projected land
use and circulation needs."
2. C1-1.2 to "pursue implementation of all Circulation
Element policies such that all Master Plan roadways
are upgraded and maintained at acceptable levels of
ORDINANCE No. 1522
Page 5 of 9
service."
3. C1-1.14 to "require a full evaluation of potential traffic
impacts associated with proposed new development
prior to project approval. Further, require the
implementation of appropriate mitigation measures
prior to, or in conjunction with, project development.
Mitigation measures may include new roadway links
on segments that would connect the new development
to the existing roadway system, intersection
improvements, and other measures. Mitigation
measures shall be provided by or paid for by the
project developer."
4. C2-1.3 to "encourage new developments in the City to
participate in the development of the citywide system
of pedestrian walkways and require participation
funded by the project developer where appropriate."
Full sidewalk and curb and gutter to City Standards are
incorporated into the design of this project.
5, C2-1.4 to "ensure the installation of sidewalks on all
future arterial widening or new construction projects, to
establish a continuous and convenient link for
pedestrians. Full sidewalk and curb and gutter to City
standards are incorporated into the design of this
project as required by the Department of Public Works.
6. 3-1.1 to "require all new development to mitigate
project-related impacts on the existing and future
circulation system such that all Master Plan roadways
and intersections are upgraded and maintained at
acceptable levels of service through implementation of
all applicable Circulation Element policies. Mitigation
measures shall be provided by or paid for by the
project developer."
T C3-1.8 to "require the provision of adequate pedestrian
and bicycle access for new development projects
through the development review process." Full
sidewalk and curb and gutter to City standards are
incorporated into the design of this project that will
provide adequate pedestrian access. Adequate bicycle
access will be available to the site.
8. C3-2.1 to "ensure the provision of sufficient on-site
ORDINANCE No. 1522
Page 6 of 9
parking in all new development." The proposed project
is required to provide on-site parking at the following
ratios: 1) 2 garage spaces for each unit and 1
additional space for dwelling units exceeding 3,000
square feet of gross floor area, 2) 2.53 per multi-family
unit.
F. The proposed project is consistent with Noise Element Policy N1-1.9 that
requires "review of all new development projects in the City for
conformance with California Airport Noise Regulations and California
Noise Insulation Standards (Code of California Regulations, Title 24) to
ensure interior noise will not exceed acceptable levels" and Program N1-
1.9A that requires "all new habitable residential construction in areas of
the City with an annual CNEL of 60 dBA or higher shall include all
mitigation measures necessary to reduce interior noise levels to minimum
state standards. Post construction acoustical analysis shall be performed
to demonstrate compliance."
G. The proposed project is consistent with Noise Element Policy N1-2.1 that
requires "all new projects to meet the City's Noise Ordinance Standards
as a condition of building permit approval" and Program N1-2.1A that
"addresses noise impacts in all environmental documents for discretionary
approval projects, to ensure that noise sources meet City Noise Ordinance
standards" in that the DEIR addressed noise sources that include:
mechanical and electrical equipment and truck loading areas as specified
in Program N1-2.1A.
H. The proposed project is consistent with Conservation Element Policy CN5-
1 in that the project will preserve the character and quality of existing
neighborhood; Conservation Element Policy CN5-6 to encourage that any
new landscaped areas respect and incorporate distinctive elements of the
community landscape; Conservation Element Policy CN5-8 to increase
the quantity of plant material; and Conservation Element Policy CN5-9 to
increase the diversity of plant species.
SECTION 4: Amendment to Development Agreement Findings. Pursuant to City
Council Resolution No. 3268 and Government Code §§ 65857.5 and 65858, the City
Council finds that:
A. The proposed amendment to the Development Agreement is consistent
with the objectives, policies, general land uses, and programs specified in
the General Plan as described above and the 540 East Imperial Avenue
Specific Plan (540EIASP), as amended by this ordinance.
B. The proposed amendment to the Development Agreement is compatible
with the uses authorized in, and the regulations prescribed for, the land
ORDINANCE No. 1522
Page 7 of 9
use district in which the real property is located. The proposed
amendment to the Development Agreement provides public benefits to the
City in the form of monetary compensation in exchange for the vested
rights associated with Development Agreements. The Development
Agreement also includes reimbursement to the City for its set up and
oversight of the affordable housing component. The Agreement does not
change the underlying General Plan Land Use or Zoning designation.
C. The proposed amendment to the Development Agreement conforms with
public convenience, general welfare and good land use practice. The
Development Agreement, as amended, provides the following public
benefits in exchange for valuable development rights (ten-year entitlement
with a five-year option):
1. Development of real property with vacant improvements and
underutilized land uses.
2. Increasing housing, in particular much-needed market rate and
affordable housing for area residents.
3. Developing a project that is consistent with the General Plan.
4, Developing a property that includes affordable housing for the
community with a 10% set aside for low, very low, and extremely
low income qualified households.
D. The proposed amendment to the Development Agreement will not be
detrimental to the health, safety and general welfare. The proposed
amendment to the Development Agreement provides public benefits to the
City in the form of monetary compensation in exchange for the vested
rights associated with Development Agreements. The Development
Agreement also includes reimbursement to the City for its set up and
oversight of the affordable housing component.
E. The proposed amendment to the Development Agreement will not
adversely affect the orderly development of property or the preservation of
property values. This project is surrounded by previously-developed
neighborhoods and will help improve the value of neighboring properties.
The proposed Development Agreement, as amended, will ensure that the
project will be developed in an orderly fashion.
SECTION 5: Approval of Amendments. The City Council hereby amends the 540 East
Imperial Avenue Specific Plan, as reflected in the attached Exhibit A, and amends
Development Agreement No. 10-02 between the City and El Segundo Unified School
District, as reflected in the First Amendment No. 16-01, attached as Exhibit B. Both
Exhibits A and B are incorporated herein by this reference. Except as expressly
ORDINANCE No. 1522
Page 8 of 9
amended in the attached exhibits, the 540 East Imperial Avenue Specific Plan and
Development Agreement remain the same and in effect, and nothing in this Ordinance
should be construed as affecting or otherwise disturbing the underlying approval of such
documents.
SECTION 5e 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.
SECTION 7: Reliance On Record. Each and every one of the findings and
determination 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.
SECTION 8: 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 9: 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: This Ordinance will become effective on the thirty-first (31st) day
following its passage and adoption.
ORDINANCE No. 1522
Page 9 of 9
ORDINANCE No. 1522 was PASSED, APPROVED, AND ADOPTED this 18th day of
October, 2016.
''
Suz .o a Fuentes, Mayor
APP V D AS TO FORM:
P A00 V
Mark D. Hensley 6itttorney
ATTEST:
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. 1522 was duly introduced by said City Council at a regular meeting held
on the 28th day of September 2016, 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 18TH day of October, 2016, and the same
was so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugan, Council
Member Brann, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
Tracy W, aver, City Clerk
义塄( ꭌ9 [ @ ऐ ƓFǒOǒ 7 pZ ࢈ 턹沮敖ǒ�況敖ǒ�況敖ǒ턹沮敖ǒ8 4 † Ȍ63FA36~4.LOG �7 pZ ࢈ 膀E椞ǒ椞ǒ椞ǒ膀E椞ǒ8 3 † Ȍ63FA36~5.LOG 朮= pZ ࢈ 뛜ܧ稐ǒ⌼ܽ稐ǒ⌼ܽ稐ǒ뛜ܧ稐ǒ8 2 † Ȍ63FA36~6.LOG 䎂>