Imperial Avalon Mixed-Use Project Amended and Restated Development Agreement

Imperial Avalon Mixed-Use Project Amended and Restated Development Agreement

The Imperial Avalon Mixed-Use Project consists of 764 multi-family residential units in two buildings of up to four stories each, 351 attached/detached and stacked flat townhome units of up to three stories each, 111,581 square feet of publicly accessible open space (including a minimum 22,859 square foot park), and 10,000 square feet of commercial restaurant space. This NOD-related project at issue is the City’s approval of an amended and restated development agreement (“A/R DA”) for the Imperial Avalon Mixed-Use Project. The original development agreement was approved in 2022. The original development agreement was subsequently amended through minor modifications approved by the City’s Community Development Director between May 2024 and February 2026 (“Minor Modifications”). The A/R DA incorporates and integrates the changes made through the previously approved Minor Modifications, along with other technical modifications, into one consolidated document. On April 7, 2026, the City Council adopted Ordinance No. 26-2606 approving the A/R DA. As part of this approval, the City Council found that the A/R DA was adequately assessed by the Environmental Impact Report (SCH No. 2021010116) (“EIR”) certified for the original development agreement and that there are no circumstances requiring additional environmental review. Specifically, no substantial changes are proposed in the Project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the Project will be undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the Project will have one or more significant effects not discussed in the EIR; (B) significant effects previously examined will be substantially more severe than shown in the EIR; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. Furthermore, the approval of the Agreement is covered by the commonsense exemption, Section 15061(b)(3), that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the amendments made to the Development Agreement may have a significant effect on the environment. The amendments largely integrate modifications to the Development Agreement that were previously approved and are primarily related to the payment of fees and the provision of public benefits as well as other technical provisions such as mortgagee protection and assignment approval provisions, rather than making physical changes to the Project or Project site. Consequently, the City Council finds that the approval of the Agreement does not require any additional environmental review.

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