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CC RESOLUTION 5045 RESOLUTION NO. 5045 A RESOLUTION MODIFYING CONDITION OF APPROVAL NO. 2 OF FINAL VESTING MAP NO. 71582 FOR A RESIDENTIAL SUBDIVISION COMPRISED OF 34 MULTI-FAMILY DWELLING UNITS AND 24 SINGLE-FAMILY DWELLING UNITS, AND PRIVATE STREETS AT 540 EAST IMPERIAL AVENUE. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On January 26, 2012, the EI 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; & 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 CA2 Inc. (the applicant), filed an application with approval from the EI 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 10-02, 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; D. An Addendum to the previously-certified Environmental Impact Report (EIR) was prepared pursuant to the requirements of CEQA Guidelines § 15164; E. On September 8, 2016, the Commission held a public hearing and adopted Resolution No. 2805, recommending that the City Council approve Environmental Assessment (EA No. 1154) for the 540 East Imperial Avenue Specific Plan Amendment, adopt amended Specific Plan No. 16-01 for Specific Plan No. 10-03, approve first amended RESOLUTION No. 5045 Page 2 of 3 Development Agreement No. 16-01 for Development Agreement No 10- 02, approve Amended Subdivision No. 16-01 for Vesting Tentative Map No. 71582, and authorize the City Manager to execute an Affordable Housing Agreement; F, On September 28, 2016, the City Council adopted Resolution No. 4999, approving 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 10-02, and Amended Subdivision No. 16-01 for Vesting Tentative Map No. 71582; and, G, On May 16, 2017, the City Council conditionally approved a Final Vesting Map; H, On June 21, 2017, the applicant submitted a request to modify condition of approval no. 2, which would allow for two homeowner's associations and would not require that one of the lots in the tract be part of the homeowner's association; and, I. The City Council desires to approve of the applicant's request and amend condition of approval no. 2. SECTION 2: Environmental Analysis. The approval of a Final Subdivision Map, or any amendments thereto, is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations section 15268(b)(3). SECTION 3: Final Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council finds that: A. The amendment to condition of approval no. 2 does not alter, change or impact the Final Vesting Map approved by the City Council; and, B, The amendment to condition of approval no. 2 conforms to the EI Segundo Municipal Code and Subdivision Map Act (Government Code §§ 66410, et seq.). SECTION 4: Amendment. The City Council hereby amends condition of approval no. 2 to Final Vesting Map No. 71852 to read as follows: "2. Two Homeowners Associations must be formed to implement the recorded CC&Rs, and maintain: A. All common open space areas; B. All project related landscape improvements, monuments, irrigation and related equipment, which are to be constructed on any common lots or RESOLUTION No. 5045 Page 3 of 3 easements within the project area; C. Private streets, which shall be private and shall have private street maintenance, street sweeping and street lights; D. Storm drain system throughout the development; E. Water and sewer systems serving the multi-family component of the development; and, F. The street light energy costs within the project boundaries. A Homeowners Association must be established for the multi-family dwelling units and a Homeowners Association must be established for the single-family residential units. Lot No. 1 is not required to be part of a Homeowners Association since the lot does not take access from the private street in the Tract, and does not connect to or drain into the Tract's drainage system. Lot No. 1 continues to be part of and governed by the 540 East Imperial Specific Plan." All other conditions of approval for the approval of Final Vesting Map No. 71582 remain the same and in effect. SECTION 5: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. SECTION 6: The City Clerk is directed to mail a copy of this Resolution to Nick Biro, representing D.R. Horton CA2 Inc. and to any other person requesting a copy. PASSED, APPROVED, AND ADOPTED RESOLUTION No. 5045 this 18th day of July, 2017. Suzanne FAtes, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Mark D. Hensley, CyA _)torney CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ss CITY OF EL SEGUNDO 1, 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. 5045 was duly passed, approved and adopted by said City Council at a regular meeting held on the 18th day of July, 2017, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Brann, Council Member Dugan, and Council Member Pirsztuk NOES: None ABSENT: None ABSTAIN- None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of August, 2017. Uw- TrzWeaver, City Clerk of the City of El Segundo, California