RESOLUTION NO. 2023-28
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TORRANCE, CALIFORNIA, APPROVING A
MODIFICATION OF A PREVIOUSLY APPROVED PRECISE
PLAN OF DEVELOPMENT (PP65-38) AS PROVIDED FOR
IN DIVISION 9, CHAPTER 6, ARTICLE 2 · OF THE
TORRANCE MUNICIPAL CODE TO ALLOW THE
CONSTRUCTION OF A 200-UNIT APARTMENT COMPLEX
AND PARKING STRUCTURE, ON PROPERTIES
LOCATED IN THE H-DA1 ZONE AT THE NORTHEAST
CORNER OF CARSON STREET AND DEL AMO CIRCLE
DRIVE (APNS 7525-023-034 AND 7525-023-035).
MOD22-00003: LEGACY/COLLIER RESIDENTIAL LLC
(DEL AMO 5, LLC AND HAWTHORNE PARCEL 3 OWNER, LLC)
WHEREAS, the City Council approved PP65-38 on October 26, 1965; and 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 Streeit and Del Amo Circle Drive (APNs 7525-023-034 and 7525-023- 035), refemrd 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, 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 approval of a Modification of a previously approved Precise Plan of Development (PP65-38) to allow the construction of a 200-unit apartment complex and parking structure, on properties located in the H-OA 1 Zone at the northeast corner of Carson Street and Del Amo Circle Drive (APNs 7525-023-034 and 7525-023-035); 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, the Project was reviewed under the criteria of a SCEA. A SCEA may be prepared for a project that (a) is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in a sustainable communities strategy (see California Public Resources Code [PRC] Section 21155(a)), and (b) is a "transit priority project" (as defined in California PRC Section 21155(b)). As further described below, the Project meets these criteria and, thus, is eligible for certain CEQA streamlining benefits by way of preparing a SCEA for purposes of clearance under CEQA. Specifically, Section 21155(b) applies to a project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the California Air Resources Board (GARB) has accepted a metropolitan planning organization's determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas (GHG) emission reduction targets established by GARB; and
WHEREAS, the Project is considered a Transit Priority Project (TPP) pursuant to SB 375 (The Sustainable Communities and Climate Protection Act of 2008). The Project meets all the criteria for approval under the Public Resources Code Section 21155 including: consistency with the City's General Plan land use designation, permitted density, and building intensity as provided for in the General Plan and zoning regulations; consistency with applicable policies specified for the project area in the 2020-2045 RTP/SCS as noted in the SCEA prepared for the Project; contains at least 50 percent residential use, based on total building square footages; provides a minimum net density of at least 20 units per acre; and the Project site is located within one-half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and WHEREAS, the City distributed notices of its intent to adopt the SCEA and the SCEA's availability for agency and public 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 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
2 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, based on all the evidence found and public testimony considered, at its meeting of March 14, 2023 the City Council of the City of Torrance adopted and approved the SCEA, Responses to Comments, and MMRP for the Project; and
WHEREAS, the City Council of the City of Torrance does hereby find and determine as follows:
a) That the properties under consideration are identified as APNs 7525-023-034 and 7525-023- 035;
b) That the properties are described as Parcels 2 and 3 of Parcel Map No. 74853 in the City of Torrance, County of Los Angeles, State of California, as per map recorded. in Book No. 399, pages 45 through 49 of Parcel Maps, in the Office of the County Recorder of said County; c) That the proposed apartment complex is conditionally permitted within the H-DA1 Zone and complies with all of the applicable provisions of Hawthorne Boulevard Corridor Specific Plan, as conditioned, and there is no applicable Redevelopment Plan; d) That the proposed use will not impair the integrity and character of the H-DA 1 Zone because the apartment complex complies with all applicable objective development standards and is consistent with the surrounding commercial and residential uses in the area; e) That the subject site is physically suitable for the type of land use being proposed, as conditioned, because the apartment complex is located on a vacant site within a commercial corridor with various commercial uses, and resulting access, ingress, and egress will adequately service the use;
f) That the proposed use will be compatible with existing and proposed future land uses within the area because there is currently a mix of uses including commercial, retail, service, and residential on surrounding properties;
g) That the proposed use will encourage and be consistent with the orderly development of the City as provided for in its General Plan, which designates the site as Commercial Center, as the apartment complex is conditionally permitted in the H-DA 1 Zone and is a consistent use with the Commercial Center designation, and there is no applicable Redevelopment Plan; h) That the proposed use will not discourage the appropriate existing or planned future uses of surrounding property or tenancies because the apartment complex is compatible with the existing and planned future uses of the surrounding property, and promotes housing close to commercial services;
i) That there will be adequate provisions for water, ,sanitation, and public utilities and services to ensure that the proposed use is not detrimental to the public health and safety; j) That there will be adequate provisions for public access to serve the proposed use, as conditioned, because the Project can be accessed via driveways on Carson Street and Del Amo Circle Drive;
3 k) That the location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interest, health, safety, convenience or welfare, or to the property of persons located in the area, as the Project would provide needed housing in an area well served by transit, and as shown in the SCEA, would not result in unmitigated significant impacts;
I) The proposed project will not produce any or all of the following results:
• Damage or nuisance from noise, smoke, odor, dust or vibration, • Hazard from explosion, contamination or fire,
• Hazard occasioned by unusual volume or character of traffic or the congregating of large numbers of people or vehicles;
m) That the SCEA, prepared in compliance with CEQA as the environmental assessment for the Project, determined that the Project would not result in any significant adverse environmental impacts affecting the Project site and surrounding land uses after the implementation of the proposed mitigation measures as noted in SCEA and included in the MMRP. In addition, the Project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, and the SCEA, Responses to Comments, and MMRP support the conclusion that the Project will not result in a specific, adverse impact upon on the environment and tbe publ.i.c h~alth or safety; and
n) That the Project, as conditioned, will not be detrimental to the public interest, health, safety, convenience or welfare, as the environmental impacts associated with the Project have been properly assessed through a SCEA under established CEQA guidelines. The Project would not have any significant impacts on the environment, after the mitigation measures set forth in the SCEA are incorporated, and therefore the SCEA was adopted.
NOW, THEREFORE, BE IT RESOLVED that MOD22-00003 filed by Legacy/Collier Residential LLC (Del Amo 5, LLC and Hawthorne Parcel 3 Owner, LLC) to allow the construction of a 200- unit apartment complex and parking structure, 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), on file in the Community Development Department of the City of Torrance, is hereby APPROVED subject to the following conditions:
1 . That the use of the subject property for the Del Amo Circle Residential Apartments Project shall be subject to all conditions imposed in City Council case MOD22-00003; and any amendments thereto or modifications thereof as may be approved from time to time pursuant to Section 92.28.1 et seq. of the Torrance Municipal Code on file in the office of the Community Development Director of the City of Torrance; and shall be maintained in conformance with such maps, plans, specifications, drawings, applications or other documents presented by the applicant to the Community Development Department and upon which the City Council relied in granting approval;
2. That if this Modification is not used within one year after granting of the permit, it shall expire and become null and void unless extended by th~ Community Development Director for an additional period as provided for in Section 92.27 .1 ;
3. That all Conditions and Code requirements of CUP22-00003, DVP22-00002, and DIV22- 00001 shall be met; (Planning)
4 4. That 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 approval of this Modification, 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; and
5. That all conditions of all other City departments received prior to or during the consideration of this case by the City Council shall be met.
INTRODUCED, APPROVED, and ADOPTED this 14th day of March 2023.
Mayor Pro Tern Sharon Kalani
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST: '-
5 TORRANCE CITY COUNCIL RESOLUTION NO. 2023-28
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
Date :
Griffiths, Kaji, Lewis, Mattucci, and Mayor Pro Tern Kalani Sheikh
None.
Mayor Chen
Re~eccaPoirier,MM c
-------------City Clerk of the City of Torrance
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