RESOLUTION NO. 2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, ADOPTING A SUSTAINABLE
COMMUNITIES ENVIRONMENTAL ASSESSMENT FOR
THE DEL AMO CIRCLE RESIDENTIAL APARTMENTS
PROJECT IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
EAS22-00001: LEGACY/COLLIER RESIDENTIAL LLC
(DEL AMO 5, LLC AND HAWTHORNE PARCEL 3 OWNER, LLC)
WHEREAS, the Planning Commission of the City of Torrance conducted a duly noticed public hearing on February 1, 2023 to consider an application filed by Legacy/Collier Residential LLC (Del Amo 5, LLC and Hawthorne Parcel 3 Owner, LLC) for adoption of a Sustainable Communities Environmental Assessment (SCEA) following an Initial Study (EAS22-00001 ), and approval of a Conditional Use Permit (CUP22-00003) and Development Permit (DVP22-00002) to allow the construction of a 200-unit apartment complex and parking structure, in conjunction with a Modification (MOD22-00003) of a previously approved Precise Plan of Development (PP65-38), and a Division of Lot (DIV22-00001) to merge two parcels into one, at the southwest portion of the Del Amo Financial Center site, on properties located in the H-DA 1 Zone at the northeast corner of Carson Street and Del Amo Circle Drive (APNs 7525-023-034 and 7525-023- 035), referred to as the "Del Amo Circle Residential Apartments Project" (the "Project"); and WHEREAS, at the Planning Commission meeting of February 1, 2023, a motion for approval passed by a unanimous vote; and
WHEREAS, an appeal to the City Council was administratively filed on February 2, 2023; and WHEREAS 1 an appeal to the City Council was filed on February 9, 2023; and WHEREAS, the City Council of the City of Torrance conducted a duly noticed public hearing on March 14, 2023 to consider an application filed by Legacy/Collier Residential LLC (Del Amo 5, LLC and Hawthorne Parcel 3 Owner, LLC) for adoption of a Sustainable Communities Environmental Assessment (SCEA) following an Initial Study (EAS22-00001 ), and approval of a Conditional Use Permit (CUP22-00003) and Development Permit (DVP22-00002) to allow the construction of a 200-unit apartment complex and parking structure, in conjunction with a Modification (MOD22-00003) of a previously approved Precise Plan of Development (PP65-38), and a Division of Lot (DIV22-00001) to merge two parcels into one, at the southwest portion of the Del Amo Financial Center site, on properties located in the H-DA 1 Zone at the northeast corner of Carson Street and Del Amo Circle Drive (APNs 7525-023-034 and 7525-023-035), referred to as the "Del Amo Circle Residential Apartments Project" (the "Project"); and WHEREAS, the City Council of the City of Torrance by roll call vote denied the appeal and approved the subject request; and
1 WHEREAS, due and legal publication of notice was given to owners of property in the vicinity thereof and due and legal hearings have been held, all in accordance with the provisions of Division 9, Chapter 2, Articles 29 and 36, and Division 9, Chapter 5, Article 1 of the Torrance Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), as amended, the City of Torrance is the Lead Agency responsible for preparation and consideration of the environmental review for the Project; and WHEREAS, pursuant to Senate Bill 375, streamlined CEQA review and analysis is available to Transit Priority Projects (TPPs) and residential or mixed-use residential projects that are consistent with the Sustainable Communities Strategy (SCS) that has been accepted by the California Air Resources Board as meeting greenhouse gas (GHG) reduction targets; and WHEREAS, Public Resources Code Section 21155 defines a TPP as being consistent with the SCS or alternative planning strategy that has been accepted by the California Air Resources Board as meeting greenhouse gas emission reduction targets, as well as having at least 50 percent residential use of the total building square footage, a minimum net density of at least 20 dwelling units per acre, and located within one-half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and WHEREAS, the Southern California Association of Governments (SCAG) adopted the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS) on April 7, 2016, and adopted the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020-2045 RTP/SCS) on September 3, 2020; and
WHEREAS, pursuant to Public Resources Code Section 21155.2, TPPs that incorporate all feasible and applicable mitigation measures, performance standards, or criteria set forth in the prior applicable Environmental Impact Reports (El Rs) may be approved following the preparation of a SCEA; and
WHEREAS, the Project qualifies as a TPP under Public Resources Code Section 21155 and is consistent with the general land use designation, density, building intensity, and applicable policies specified for the Project area in the 2020-2045 RTP/SCS; and WHEREAS, the City prepared a SCEA, pursuant to Public Resources Code Section 21155.2 and determined that all potentially significant effects required to be identified in the SCEA have been identified and analyzed; and
WHEREAS, pursuant to Public Resources Code Section 21155.2, the SCEA evaluated prior applicable El Rs, including the 2020-2045 RTP/SCS EIR, and identified all applicable and feasible mitigation measures, performance standards, or criteria set forth in said prior applicable El Rs that would reduce potential Project impacts to a less than significant level; and WHEREAS, the City distributed notices of its intent to adopt the SCEA and its availability for public and agency review and comment were filed and circulated for a thirty (30) calendar day period commencing on December 16, 2022 and ending on January 17, 2023; and 2 CD
WHEREAS, during the review and comment period, affected public agencies and any interested parties were able to comment on the adequacy of the Initial Study/SCEA in identifying and analyzing the potential environmental impacts associated with the Project and the ways in which potentially significant effects will be avoided or mitigated, and the City released a Responses to the Comments that provides reasoned, good faith responses to each of the comments received during the comment period. In accordance with CEQA, the MMRP provides the means to ensure that all mitigation measures are fully enforceable, and all project impacts will be less than significant; and
WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared that lists all of the applicable and feasible mitigation measures that the City has either required in the Project or made a condition of approval to mitigate or avoid all the Project's potential significant environmental impacts, specifies the appropriate responsible party for implementing each mitigation measure, and identifies approximate time frames for implementing of each mitigation measure. In accordance with CEQA, the MMRP provides the means to ensure that all mitigation measures are fully enforceable; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the City' s Local CEQA Guidelines have been satisfied by the City in connection with the preparation of the SCEA, which is sufficiently detailed so that all of the potentially significant environmental effects, as well as applicable and feasible mitigation measures, have been adequately evaluated; and
WHEREAS, the SCEA sufficiently analyzes the applicable and feasible mitigation measures necessary to avoid or substantially lessen potentially significant environmental impacts, and all impacts will be less than significant; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented, as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference and are not based solely on the information provided in this Resolution; and '
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the SCEA, Responses to Comments, MMRP, and all oral and written evidence presented to it during all meetings and hearings. The City Council has based its actions on full appraisal of all viewpoints, including all comments received up the adoption of these findings, concerning the environmental impacts identified and analyzed in the SCEA; and WHEREAS, the SCEA reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made prior to or in the public hearing conducted by the City Council, and no additional information submitted to the City Council, and none of the Errata, constitute substantial evidence of a significant project impact or substantial new information requiring substantial revisions that would trigger recirculation of the SCEA or any additional environmental review of the project under CEQA, including but not limited to State CEQA Guidelines Sections 15073 .5 or 15088.5; and
3 WHEREAS, any revisions, clarifications and modifications incorporated within the Responses to Comments document merely clarify, amplify or make insignificant modifications to the SCEA, and do not constitute "substantial revisions" that would trigger recirculation of the SCEA for further public review and comment or require preparation of an EIR; and WHEREAS, pursuant to Public Resources Code Section 21155.2(b )(7), a lead agency's decision to review and approve a SCEA and TTP shall be reviewed under the substantial evidence standard. State CEQA Guidelines Section 15384 defines "substantial evidence" as "enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence"; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Torrance hereby finds and determine as follows:
a) RECITALS. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated herein as substantive findings of this Resolution. b) COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the SCEA, administrative record, and all other written and oral evidence presented to the City for the Project, on file with the City and available for review at the Community Development Department, 3031 Torrance Boulevard, Torrance CA 90503. Based on the City Council's independent review and analysis, the City Council finds that the SCEA and administrative record contain a complete and accurate reporting of the environmental impacts associated with the Project, and that the SCEA has been completed in compliance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the City's Local CEQA Guidelines.
A. Specifically, pursuant to Public Resources Code Section 21155, the City Council hereby finds that the Project is a Transit Priority Project that:
1. Contains at least 50 percent residential use, based on total building square footage, because the Project is 100 percent residential development; and
2. Provides a minimum net density of at least 20 dwelling units per acre because the Project includes 200 dwelling units on approximately 2.83 gross acres, for a density of approximately 70 dwelling units per acre; and
3. Is located within one-half mile of a major, transit stop or high-quality transit corridor included in a regional transportation plan because the Project is within 500 feet of the Hawthorne Boulevard/Carson Street intersection, known as the Carson/Hawthorne Hub Connections, which includes 13 transit stops; and
4 B. The Project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in the 2020-2045 SCAG RTP/SCS, which the State Air Resources Board has accepted as meeting applicable greenhouse gas reduction targets (Public Resources Code Section 21159.28); and C. Pursuant to Public Resources Code Section 21155.2, the Project has incorporated all applicable and feasible mitigation measures, performance standards, or criteria set forth in prior applicable El Rs and may be approved following the preparation of a SCEA; and D. A SCEA has been prepared that identifies all potentially significant impacts of the Project.
The SCEA identifies cumulative effects that have been adequately addressed and mitigated in the prior applicable certified El Rs. Cumulative effects that have been found to be adequately addressed or mitigated in these prior applicable certified EIRs are not considered cumulatively considerable for purposes of this SCEA; and E. The SCEA includes measures that either avoid or mitigate to a level of less than significance all potentially significant effects of the Project required to be identified in the Initial Study.
c) FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the SCEA and its supporting expert technical reports, the administrative record, and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are either less than significant after the incorporation of mitigation, less than significant without mitigation, or would result no impact, as outlined in the SCEA. The City Council further finds that there is no substantial evidence in the administrative record supporting even a fair argument that the Project may result in any significant environmental impacts. The City Council finds that the SCEA contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City. No credible evidence of a significant environmental effect has been identified in the Response to Comments or elsewhere in the record, and no changes made to the SCEA constitute substantial revisions requiring recirculation under State CEQA Guidelines sections 15073.5 or 15088.5 or any additional CEQA review.
d) ADOPTION OF THE SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT.
The City hereby approved and adopts the SCEA and Responses to Comments. e) ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM. In accordance with the Public Resources Code section 21081.6, the City Council hereby adopts the MMRP. In the event of any inconsistencies between the mitigation measures as set forth in the SCEA and the MMRP, the MMRP shall control.
f) SUBSTANTIAL EVIDENCE. The City Council finds and declares that substantial evidence supporting each and every finding made herein is contained in the SCEA, which is incorporated herein by this reference, or is in the record of proceedings in the matter. g) LOCATION AND CUSTODIAN OF RECORDS. T~e documents and materials associated with the Project and the SCEA that constitute the record of proceedings on which these findings are based are located at Community Development Department of the City of Torrance, located at 3031 Torrance Boulevard, Torrance, CA 90503. The Custodian of Record is the Community Development Department.
5 h) NOTICE OF DETERMINATION. The City Council hereby directs staff to prepare and file a Notice of Determination with the Los Angeles County Clerk within five (5) working days of the approval of the proposed Project.
i) INDEMNIFICATION. The applicant shall defend, indemnify, and hold harmless the City of Torrance and its agents, officers, and employees from and against any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void, or annul an approval by the City, including, without limitation, an action by an advisory commission, appeal board, or legislative body concerning this discretionary approval, including any challenge to the SCEA or any determination made pursuant to CEQA. This defense and indemnification shall include the payment of all legal costs incurred on behalf of the City in connection with the application, and the defense of any claim, action or proceeding challenging the adoption of this SCEA, or the project, or any CEQA document in connection therewith. The City will promptly notify the applicant of any claim, action, or proceeding and agrees to cooperate to the extent required for an effective defense. In the event a legal challenge to the discretionary approval is successful, and an award of attorney fees is made to the challenger, the applicant shall be responsible to pay the full amount of such an award.
INTRODUCED, APPROVED, and ADOPTED this 14th day of March 2023.
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney
T a ,a Y. Strader, Assistant City Attorney
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Mayor Pro Tern Sharon Kalani
ATTEST:
Rebe ca Poirier, MMC, City Clerk
TORRANCE CITY COUNCIL RESOLUTION NO. 2023-24
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at an adjourned regular meeting of said Council held on the 14th day of March 2023 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Griffiths, Kaji, Lewis, Mattucci, and Mayor Pro Tern Kalani Sheikh.
None.
Mayor Chen
Date : _17............,..I m_/'l?J __ Reb cca Poirier, MMC City Clerk of the City of Torrance
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