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CC RESOLUTION 4906RESOLUTION NO.4906 A RESOLUTION APPROVING A FINDING OF CONSISTENCY AND APPROVING SUBDIVISION NO. SUB 14-11 (VESTING TENTATIVE MAP NO. 72287) FOR THE MODIFICATION OF VESTING TENTATIVE MAP NO. 72287 AFFECTING THE CORPORATE CAMPUS PROJECT AREA. The City Council of the City of El Segundo does resolve as follows: SECTION 1' : The City Council finds and declares that: A. On October 15, 2014, CDC Mar Campus LLC, Inc. (the "Applicant") filed applications for an Environmental Assessment No. EA-1091 and Subdivision No. Sub 14-11 (Vesting Tentative Map No. 72287) to modify a previously approved Vesting Tentative Map (No. 72287) regulating the Corporate Campus project area (the "Project"). The Project would reduce the land area from 23.87 acres to 13 acres and reduce the number of lots from 32 lots to 24 lots. The remaining land (10.87 acres) is subject to the requirements of Vesting Tentative Map No. 53570 (the original subdivision for the entire 46.5-acre Corporate Campus Specific Plan Area); B. The Project was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan, Corporate Campus Specific Plan, and conformity with the El Segundo Municipal Code ("ESMC"); C. In addition, the City reviewed the project's environmental impacts under 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); D. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the project before the Planning Commission for February 12, 2015; E. On February 12, 2015, the Commission opened a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of CDC Mar Campus LLC. Following the public hearing, the Planning Commission adopted Resolution No. 2768 recommending that the City Council approved the project; -I- F. This Resolution and its findings are made based upon the testimony and evidence presented to the City Council at its March 3, 2015 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist and makes these conclusions: A. The proposed subdivision is proposed on an approximately 23.87-acre portion of the 46.5-acre Corporate Campus Project site located in the northeast portion of the City of El Segundo. The proposed subdivision would create 24 lots. B. The 46.5-acre project site (Corporate Campus Project Site) which includes the 23.87 acres in the proposed revised Vesting Tentative Map No. 72287, has a Corporate Campus land use designation and the zoning designation is the Corporate Campus Specific Plan. The FAR for the Corporate Campus land use designation is 0.99:1 and would permit up to 2,175,000 square feet of development. The Revised Project included approximately 625,205 square feet of new commercial office and retail development that will be developed at a 0.60:1 FAR. C. The modification of Vesting Tentative Map No. 72287 under SUB No. 14- 11 will reduce the land area from 23.87 acres to 13 aces and will only include the Phase 1 area of the previously approved Revised Project. Phase 1 is comprised of the 217,637 square -foot Elevon project. The Elevon Project will not be affected by the proposed modifications to Vesting Tentative Map No. 72287 relative to building location, building size, and setbacks. The Elevon Project will be developed with a FAR of 0.38:1. The lots proposed under the modified Vesting Tentative Map No. 72287 will meet the development standards under the CCSP for lot size, lot frontage, and will have a maximum of 24 lots. D. The Corporate Campus Specific Plan Zone allows for the transfer of density rights within the development area to insure that the overall density of the site is consistent with the Corporate Specific Plan Zoning. Any donor parcels for FAR purposes will have covenants recorded stating the maximum FAR permitted on the parcel. E. Ingress and egress will not be affected and will continue to be provided from driveways with direct access from Douglas Street, Maple Avenue, Mariposa Avenue, and through driveways that have access through the existing internal private streets. F. Parking will continue to be located on surface parking lots for all development phases including the new Phase 1 area under modified -2- Vesting Tentative Map No. 72287 and will meet the City's parking requirements. G. EA-1091 and SUB No. 14-11 (Vesting Tentative Map No. 72287) must comply with the Conditions of Approval established for the Original Project and Revised Project as approved in 2002 by Planning Commission Resolution No. 2517, City Council Resolution No. 4241, and Ordinance No. 1345 and as amended in 2013 by Planning Commission Resolution No. 2739, City Council Resolution No. 4582, and Ordinance 1492, and as further amended in Planning Commission Resolution No. 2768 and in this Resolution. SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: A. The City Council certified a Final EIR (FEIR) on January 2, 2002 for the Corporate Campus project. B. The City Council approved an Addendum to the FEIR pursuant to CEQA Guidelines § 15090 on December 3, 2013 as none of the conditions in CEQA Guidelines § 15162 requiring a subsequent or supplemental EIR were determined to be present. No new significant effects will result from the revised project. No significant effects previously examined will be substantially more severe than shown in the FEIR in accordance with CEQA Guidelines § 15164(a). C, In accordance with § 15091 of the CEQA Guidelines, the record on which the City's findings are based is located at the Planning and Building Safety Department, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety. D. The City determined through findings that a new environmental document is not required for the proposed modification to Vesting Tentative Map No. 72287 pursuant to CEQA Guidelines § 15168(c)(2) as the proposed modifications to the modified Vesting Tentative Map No. 72287 would not result in any new or increased environmental impacts or require new mitigation measures already established in the Certified FEIR and Addendum to the Certified FEIR that were previously approved. E, Because of the facts identified in this Resolution, the environmental review requires that a Finding of Consistency with the General Plan and Addendum to the Certified FEIR be completed in order for the project to be approved. -3- SECTION 4: General Plan and Specific Plan. The proposed project conforms with the General Plan as follows: A. The General Plan contains a number of relevant Goals, Objectives, and Policies. The Original and Revised Project listed a number of Goals, Objectives, and Policies that were consistent with the Economic Development Element, Land Use Element, Circulation Element, Open Space and Recreation Element, Conservation, Air Quality Element, Noise Element, and Public Safety Element of the General Plan. The modification of Vesting Tentative Map No. 72287 will not affect the project's ability to meet the established Goals, Objectives, and Policies of the General Plan. B. The modification of the Vesting Tentative Map No. 72287 will only affect parcel configuration and the number of lots created. The proposed revised subdivision will be subject to the same conditions of approval previously established under City Council Resolution No. 4241 and 4582 respectively and Ordinance No. 1345 and Ordinance No. 1482 with a few added conditions to ensure compliance with the requirements of the General Plan and the Corporate Campus Specific Plan. SECTION 5: Subdivision. The City Council cannot make any of the findings for denial set forth in ESMC § 14-1-6 for the following reasons: A. The proposed modified map is consistent with applicable general and specific plans as specified in Government Code § 65451. As set forth in Section 4, this project meets the goals and objectives of the General Plan. B. The design of the proposed subdivision is consistent with applicable general and specific plans. As set forth in Section 4, this project meets the goals and objectives of the General Plan. C. The site is physically suitable for the type of development. As set forth in Section 4, this project meets the goals and objectives of the General Plan. D. The site is physically suitable for the proposed density of development. The proposed project is for the construction of a 217,637 square -foot commercial office and retail development. E. The design of the subdivision or the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site is located in an urbanized area. The new commercial office and retail development is not likely to result in any substantial environmental damage or cause injury to fish or wildlife or their habitat. _4_ F. The design of the subdivision or type of improvements is unlikely to cause serious public health problems. There is no evidence demonstrating that the proposed new commercial office and retail development is likely to cause any serious public health problem. G, The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The subdivision of the property for the new commercial office and retail development will not conflict with any known easements located at, or near the property. SECTION 5: Approvals. A. Subject to the existing conditions established under Resolution No. 4582 and Ordinance No. 1492 and the additional conditions in attached Exhibit "A," the City Council approves a Finding of Consistency, with the General Plan and Addendum to the Certified FEIR, attached as Exhibit "B; " B. Subject to the existing conditions previously established under Resolution No. 4582 and Ordinance No. 1492 and the additional conditions in attached Exhibit "A," the City Council approves Environmental Assessment No. EA-1091 and Subdivision No. SUB 14-11 (Vesting Tentative Map No. 72287). SECTION 7: Reliance on Record. Each and every one of the findings and determinations in this Resolution 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 Planning Commission 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 and Planning Commission'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: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. -5- SECTION 10: This Resolution will remain effective until superseded by a subsequent resolution, SECTION 11: According to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to CDC Mar Campus, LLC and to any other person requesting a copy. SECTION 12: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 3rd day of March, 2015. &VA,Lh�&" uza a Fuentes, Mayor 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 Resolution No. 4906 was duly passed, approved and adopted by said City Council at a regular meeting held on the 3rd day of March, 2015, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Fuentes, Jacobson, Atkinson, Fellhauer, Dugan NOES: ABSENT: A rS3T,,AIN: Tracy WeaveUCity Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Vj David King, Assis t City Attorney PAPlanning & Building Safety\Projects\1 076-11 00\EA-1 09 1 \Planning Commission\EA-1091.CCReso03-03-15.doc M CITY COUNCIL RESOLUTION NO, 4906 EXHIBIT "A" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC") and such previous conditions of approval for the Project that are applicable, CDC Mar Campus, LLC, and its successor -in -interest, agrees that it will comply with the following provisions as conditions for the City's approval of Environmental Assessment No. EA-1091 and Subdivision No. SUB 14-11 (Vesting Tentative Map No. 72287) ("Project Conditions"). 1. The project must comply with the conditions of approval in Council Resolution No. 4582 and Council Ordinance No. 1492. 2. The vesting tentative map will expire pursuant to Government Code § 66452.6 and ESMC § 14-1-12. INDEMNIFICATION 3. CDC Mar Campus, LLC agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. EA-1091 and Subdivision No. SUB 14-11 (Vesting Tentative Map No. 72287). Should the City or any representative of the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. EA-1091 and Subdivision No. SUB 14-11 (Vesting Tentative Map No. 72287), CDC Mar Campus, LLC agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section, "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 4. CDC Mar Campus, LLC must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. By signing this document, CDC Mar Campus, LLC certifies that it has read, understood, and agrees to the Project Conditions listed in this document. SEE NEXT PAGE Richard C. Lundquist, President CDC Mar Campus, LLC SEE NEXT PAGE Leonard E. Blakeley, Jr. Executive Vice President and Secretary CDC Mar Campus, LLC {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company} P:\Planning & Building Safety\0 Planning - Old\PROJECTS (Planning)\1076-1100\EA-1091\EA-1091 Conditions of approval 03 03 15 Exhibit A.doc CONTINUATION PAGE TO CONDITIONS OF APPROVAL SIGNED BY: CDC MAR CAMPUS LLC a California limited liability company By: CDC Campus El Segundo LLC a California limited liability company Its: Managing Member By: Continental Development Corporation a California corporation Its: Member By: -A Y Richard C. Lundquist President w B � Y' _._ .. Leonard E. Blakesley, Jr. Executive Vice President and Secretary DOC\CDC\Nationwide Loan\LP-2 Signature Page\doc EXHIBIT B FINDING OF CONSISTENCY WITH GENERAL PLAN AND ADDENDUM TO THE FEIR FOR THE CORPORATE CAMPUS SPECIFIC PLAN DEVELOPMENT CITY OF EL SEGUNDO MODIFICATION OF VESTING TENTATIVE MAP NO. 72287 TO AMEND MAP TO REDUCE THE AREA FROM 23.87 ACRES TO 13 ACRES AND REDUCE THE NUMBER OF LOTS FROM 32 LOTS TO 24 LOTS IN THE CORPORATE CAMPUS SPECIFIC PLAN (CCSP) ZONE March 2015 The City of El Segundo has received applications proposing to amend Vesting Tentative Map No. 72287 to reduce the area of the tentative map from 23.87 acre to 13 acres and reduce the number of lots from 32 lots to 24 lots in the Corporate Campus Specific Plan (CCSP) Zone. Applications are Environmental Assessment No. EA-1091 and Subdivision No. SUB 14-11 (Vesting Tentative Nap No. 72287) The proposal to modify the vesting tentative map constitutes a "project" under the California Environmental Quality Act (CEQA). Thus, environmental review is required pursuant to CEQA (Public Resources Code §§ 21000 et seq.), the State CEQA Guidelines (14 Cal. Code of Regs. §§ 15000, et seq.), and the City of El Segundo CEQA Guidelines. This document serves as the project environmental documentation pursuant to CEQA. Background In 1992, El Segundo adopted a comprehensive update of its General Plan, which included the required elements. The 1992 General Plan and its subsequent amendments set forth policy for land use development in El Segundo and within its sphere of influence. Additionally, on January 2, 2002, the El Segundo City Council certified the FEIR, entitled El Segundo Corporate Campus Project Development Final Environmental Impact Report and adopted a Statement of Overriding Considerations as Section 4 of City Council Resolution No. 4241 for the El Segundo Corporate Campus development. Further, the El Segundo City Council and on December 2, 2013 adopted an Addendum to the FEIR and re -adopted a Statement of Overriding Considerations as Section 3 of City Council Resolution No. 4852. The circumstances, impacts, and mitigation requirements identified in the General Plan EIR and the certified FEIR and Addendum for the Corporate Campus development remain applicable to the proposed amendments and the amendments do not raise any new issues and do not cause the level of impacts identified in the General Plan EIR to be exceeded. Specifically, the Addendum will allow for the development of up 930,025 and the modified tentative map will not impact the 930,025 square feet of development. Amending the tentative map to reduce the map area and the number lots will not impact the project or the subdivision requirements as set forth in the certified FEIR and Addendum for the Corporate Campus development. Exhibit aMYd z of Consivency Relationship of the Modified Vesting Tentative Map to the General Plan The proposed amendment to the vesting tentative map will not impact the project's ability to implement the goals, objectives, and policies and programs outlined in the 1992 General Plan, which include the Economic Development Element, Land Use Element, Circulation Element, Open Space and Recreation Element, Conservation, Air Quality Element, Noise Element, and Public Safety Element of the General Plan. The maximum floor area ratio (FAR) within the Corporate Campus Specific Plan is limited to 0.99:1. The amendment to the tentative map does not propose any changes to the FAR limits established for the project and will be developed with a FAR of 0.38:1. Adoption of the proposed amendment to Vesting Tentative Map No. 72287 will not provide for any new development beyond the previous approvals nor beyond that anticipated by land use policy set forth in the1992 General Plan Update and the subsequent 2005 update of the Land Use Element. Specifically, the proposed amendment to Vesting Tentative Map No. 72287 is consistent with all the goals, objectives, and policies and programs of the General Plan's Economic Development Element, Land Use Element, Circulation Element, Open Space and Recreation Element, Conservation, Air Quality Element, Noise Element, and Public Safety Element. Environmental Analysis The proposed amendment to Vesting Tentative Map No. 72287 is consistent with the FEIR, entitled El Segundo Corporate Campus, certified by the City Council on January 2, 2002 and the Statement of Overriding Considerations adopted as Section 4 of City Council Resolution No. 4241 and by the Addendum to the FEIR and re -adopted Statement of Overriding Considerations as Section 3 of City Council Resolution No. 4852, which was adopted on December 2, 2013. CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR or adopted Negative Declaration, and "[i]f the [City] finds that pursuant to Guidelines § 15162, no new effects could occur or new mitigation measures would be required, the [City] can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required." Section 15162 of the CEQA Guidelines defines the conditions under which a subsequent EIR would be required for a project as follows: (1) Substantial changes are proposed in the project which require major revisions of the EIR due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects, (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to Exhibit B Finding of f'.:onsislency 2 involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and/or (3) 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 previous EIR was adopted, shows any of the following: 1. The revised project will have one ormore significant effects not discussed in the previous EIR; 2. Significant effects previously examined will be substantially more severe than shown in the previous EIR; 3. 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 4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As stated above, the proposed amendment to Vesting Tentative Map No. 72287 will not result in any land use policy change; thus, the project will not facilitate the creation of any additional development beyond that anticipated and accounted for at build -out by current land use policy in the General Plan or the approved FEIR and Addendum for the Corporate Campus development. The proposed amendments will not result in any new environmental effect not already considered in the approved FEIR and Addendum. Findings Based on the above analysis, the City Council makes the following findings: In 1992, the City of El Segundo adopted a comprehensive General Plan update and certified a Final EIR. 2. In 2002, the City of El Segundo certified a Final EIR and adopted a Statement of Overriding Considerations for the Corporate Campus development. 3. In 2013, the City of El Segundo adopted an Addendum to the Final EIR and re -adopted a Statement of Overriding Considerations for the Corporate Campus development. 4. On February 12, 2015, the City of El Segundo Planning Commission recommended that the City Council find that a new environmental document is not required for the proposed project modifications pursuant to CEQA Guidelines § 15168(c)(2) since these changes would not result in any new or increased environmental impacts or require new mitigation measures. 5. The proposed modification to Vesting Tentative Map No. 72287 will not facilitate the Exhibit B Finding of'"nsist ncy 3 creation of any development beyond that anticipated and accounted for by the adopted General Plan or the certified Final EIR and Addendum for the Corporate Campus development. The Corporate Campus Specific Plan sets a maximum FAR of 0.99:1 and the certified Final EIR and Addendum to the FEIR for the Corporate Campus development sets a maximum building area of 930,025 square feet, which will not be impacted as a result of the modification to the vesting tentative map. The proposed amendments consist of reducing land area within Tentative Vesting Map No. 72287 and reducing the amount of lots and will not result in additional floor area as the amendment does change or alter any buildings either proposed or existing. 6. The proposed amendment is limited to modifications to the vesting tentative map. 7. Adoption of proposed modification to Vesting Tentative Map No. 72287 will not result in any new or increased environmental effects, and no new mitigation measures are required. 8. Pursuant to Section 151689(c)(2) of the CEQA Guidelines, no new environmental documentation is required for adoption of the amendments to the ESMC. Exhibit B Finding of Consistency 4 -U -° co � Exhibit "q„ �"'• w N N NCA N G?N VyE�ca Q ir co co co (Q m L� CD CD .,o o C < -0 C Q. Q. chi NORTH NASH STREET iD 7c; cn c� m U'i Gn a rn rn NORTH DOUGL4S STREET Exhibit "B" i POOR 10 9 8 !.9 ' 27 19 18 ,17 15 15 2 22 20 8 i� (P WATE STREET) 30 32 PORNE14SEC: 7' T3S R14 W FOR HE IN S9C .1' r 73s R1 W Vesting Tentative Map No. 72287 Approved December, 2013 EA-1021 32 Lots 23.87 Acres Exhibit "C" Proposed Vesting Tentative Map No. 72287 EA-1091 and SUB 14-11 24 Lots 80` 13 Acres NOTES For reduced size prints, original scale is in inches p