CC RESOLUTION 3330n T
RESOLUTION NO. 3330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING AN AMENDMENT TO
PARCEL MAP NO. 15774; AND APPROVING VARIANCE #85 -1
FOR PROPERTY LOCATED AT 1001 200 AND 222 SEPULVEDA
BOULEVARD WITHIN SAID CITY.
WHEREAS, an application has been received from Prudential
Insurance Company of America to permit the creation of Lot 3 on a two
lot, tentative approved Parcel Map No. 15774 located at 100, 200 and
222 Sepulveda Boulevard; a legal description of which is on file in
the City Planning Department, and for Variance #85 -1 to permit zero
side and rear yard setbacks for development on proposed Lot 3; and
WHEREAS, the Planning Commission did hold, pursuant to law, a duly
advertised public hearing on such matter in the Council Chamber of the
City Hall, 350 Main Street, in the City of El Segundo on June 27,
1985, and notice of said hearing was given in the time, form and
manner prescribed by law; and
WHEREAS, the Planning Commission by Resolution No. 2113, denied
both the amendment to tentative Parcel Map No. 15774 and Variance
#85 -1; and
WHEREAS, Prudential Insurance Company of America filed a timely
appeal; and
WHEREAS, a public hearing was set before the City Council on
August 20, 1985, and proper notice of the same was given; and
WHEREAS, Prudential Insurance Company of America requested a
continuance of the hearing until October 1, 1985; and
WHEREAS, opportunity was given to all persons to present testimony
or documentary evidence for or against the proposed Amendment to
Parcel Map No. 15774 and Variance #85 -1; and
WHEREAS, the City Council has reviewed the Initial Study and
supporting evidence in accordance with the authority and criteria
contained in the California Environmental Quality Act, State Guide-
lines and the City of El Segundo Guidelines for the implementation of
the California Environmental Quality Act; and
WHEREAS, at said hearing the following facts were established:
1. The subject site consists of three office towers and adjacent
parking structure.
2. The site has an existing tentative approval of Parcel Map No.
15774 for a two lot subdivision. This amendment would allow a
third lot on the site.
3. The site is a legal nonconforming use relative to floor area
ratios, building heights and setbacks.
4. The applicant does not have a vested right to build the proposed
building.
5. An underground structure was built on the site within proposed
Lot 3. It is now proposed that the new building be built on this
underground structure.
6. The proposed building on proposed Lot 3 would require a variance
for rear and side yard setbacks.
7. The purpose of the parcel map and variance applications is to
establish a free standing, 9,995 square foot building on proposed
Lot 3 to house a restaurant.
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8. Parking for proposed Lot 3 would be substantially located on Lot
2 and would require reciprocal easements and parking covenants.
9. The site can be required to participate in a proposed pedestrian
overpass system.
10. The applicant can be required to provide traffic mitigation
measures as required by the General Plan.
11. A restaurant use is consistent with City policy that large
commercial projects provide on -site service amenities to reduce
peak hour traffic movements.
12. The applicant can be required to participate in a sewer assess-
ment district which will assist in relieving an existing sewer
. capacity problem, or can be required to connect to the County
Sanitation District.
NOW, THEREFORE, BE IT RESOLVED that after considering the above
facts and a study of the proposed amendment to tentative Parcel Map
No. 15774 and Variance #85 -1, the City Council finds as follows:
1. The currently developed site was designed and constructed in
accordance with all the regulations which governed the C -3 Zone
at the time of their original application.
2. The lot split will have no significant physical impact upon the
site, its neighbors or the community. With the exception of the
above identified nonconforming aspects of the site, other as-
pects, landscaping, open space and parking exceed current (and
past) code requirements.
3. The traffic generated from the existing development has created
traffic and circulation impacts on the surrounding street system
that require mitigation.
4. The additional building and current capacities will require that
the applicant connect the entire site to the County Sanitation
District or join an assessment district which is in the process
of being created.
5. There are exceptional and extraordinary circumstances and condi-
tions presently existing on the property which do not comply to
or exist on other property in the same vicinity.
6. Because of such circumstances and conditions, a variance is
necessary to preserve a substantial property right enjoyed by
other properties in the same vicinity.
7. The granting of a variance will not be materially detrimental to
the public welfare or injurious to property in the vicinity.
8. The granting of a variance will not adversely affect the General
Plan.
NOW, THEREFORE, BE IT RESOLVED that in view of the above facts and
findings, the City Council hereby approves the amendment to Tentative
Parcel Map No. 15774 and Variance #85 -1, subject to the following
conditions, which shall be complied with prior to approval of the
final map and issuance of a building permit:
1. That all necessary assurances will be provided, in writing, to
the Fire Department to meet its concerns, subject to the satis-
faction of the Fire Chief.
2. That the applicant shall agree in writing to provide and pay for
an expansion of the deceleration lane on E1 Segundo Boulevard in
accordance with the requirements set forth by the City Traffic
Engineer and /or Director of Public Works.
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3. That the applicant shall agree in writing to provide and pay for
improvements to the median on Grand Avenue and /or the installa-
tion of a traffic signal to control the flow of traffic out of
the subject site onto Grand Avenue, should the Director of Public
Works, Fire Chief or City Traffic Engineer find such improvements
necessary.
4. That the applicant shall provide to the City, recordable
documents hereafter etablishing perpetual easements for Parcels
11 2 and 3 to equally share and maintain the common driveway,
parking facilities and pedestrian bridge. Additionally, these
easements shall be approved by the City Attorney for their
legality, wording, recordability and enforceability. Interior
parking capabilities across the boundary lines of Parcel 1 and 2
shall be reviewed and approved by the Director of Building
Safety. Further, the City shall be made a party to these docu-
ments. No future amendments shall be made to such agreements
without prior written approval of the City.
5. That the applicant shall provide to the Planning Director's
satisfaction pedestrian access through the parking structure and
exiting, at grade, to the parcel to the east commonly referred to
as the Nu -West site. The applicant shall also agree in writing
to the payment to the City of its "fair share" costs of pedes-
trian crossings in an amount not to exceed $103,000 which shall
be payable to the City upon notice to applicant or its successors
no later than November 29, 1987.
6. That the applicant shall agree in writing to join and participate
in and not protest in any way E1 Segundo Sewer Assessment Dis-
trict #73 and to pay all costs, fees and charges associated
therewith. In the event the applicant fails to agree in writing
or fails to participate or pay the costs, fees or charges
associated therewith, or if the Sewer Assessment District is
never formed or is successfully challenged in court, applicant
shall, at its own expense, redirect sewage discharge from the
site at its sole cost and expense easterly to the County
Sanitation District and connect with that system.
7. That the applicant shall enter into and record an Agreement with
the City running with the land Affecting Real Property, which
incorporates the conditions of approval, and the required
reciprocal easement agreements, including but not limited to
those necessary for parking and Fire /Life Safety systems.
8. That the applicant shall submit an amended tentative map clearly
defining proposed parcel boundaries, prepared in accordance with
the guidelines of the State Subdivision Map Act and free of
unnecessary information, subject to the approval of the City
Engineer.
9. That the applicant shall record a deed restriction, approved by
the City, restricting the use on Parcel 3 to a 9,995 square foot
restaurant use.
10. That Variance #85 -1 take effect upon the recording of the final
parcel map.
11. That all signs placed on Parcels 1, 2 and 3 for circulation
purposes or for restaurant location purposes be approved by the
Directors of Planning and Public Works.
12. That the applicant shall enter into an agreement which shall be
recordable and shall guarantee $25,000 per year for a minimum of
five (5) years gross revenue to the City for each year beginning
one year after a certificate of occupancy is issued. Such fee
shall be a representative fee of the sales tax derived by the
City from the operation of the restaurant and shall be separate
and apart from all other fees due the City from any and all
operations on any parcel of Parcel Map No. 15774.
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13. That the donation of $40,000 offered to the City be presented
prior to the issuance of a building permit on Parcel 3 and that
the donation be utilized at the discretion of the City Council.
• 14. The applicant shall enter into an agreement which shall provide
that the owner or their successors -in- interest shall obtain a
California State Board of Equalization Seller's Permit desig-
nating the City of E1 Segundo as the primary business location or
a sublocation of the primary business location for point of sale.
This restricting condition shall be deemed satisfied upon sub-
mission of an original or certified copy of California State
Board of Equalization application evidencing said designation
above, subject to approval by the City Finance Director.
BE IT FURTHER RESOLVED that, within ten days following the
'• adoption of this Resolution, the City Clerk shall mail a copy of this
Resolution to the applicant at the address shown on the application
and to any other person requesting a copy of same. The decision of
the Council is final.
PASSED, APPROVED AND ADOPTED this 15th day of October, 1985.
(SEAL)
•
is
Mayor of the City of El do,
Cal ornia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart , City Clerk of the
City of E1 Segundo, California, DO HEREBY CERTIFY that the whole
number of members of the City Council off the said City is five;
that the foregoing resolution, being Resolution No. 3330 was
duly passed and adopted by the said City Council, approved and
signed by the Mayor of said City, and attested by the City Clerk
of said City, all at a regular meeting of the said Council held
on the 15th day of October , 19 85
and that the same was so passed and adopted by the following
vote:
AYES: Councilmembers Jacobson, Siadek,
and Mayor Armstrong
NOES: Councilmembers Synadinos
ABSENT: Councilmembers Schuldt
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY
this 16th day of
(SEAL)
City of E1 Segundo, California