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CC RESOLUTION 3560RESOLUTION NO. 3560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF EL SEGUNDO, CALIFORNIA, DENYING A PROPOSED PRECISE PLAN FOR A 22 -ROOM HOTEL AND DETERMINING THE PREVAILING ZONE DISTRICT AND ZONE DEVELOPMENT STANDARDS TO BE RESIDENTIAL - 3 (R -3) FOR THE PROPERTY LOCATED AT 951 MAIN STREET, EL SEGUNDO. WHEREAS, an application has been received from Kemal Shaby requesting approval of a Precise Plan for a proposed 22 -room hotel project on a vacant rectangular shaped 0.154 acre (6,701 sq. ft.) site, an interior lot located on the west side of Main Street between Imperial Avenue and Walnut Avenue; and WHEREAS, the property known as 951 Main Street (Lot 2, Tract 3600, MB 40 -55) is a rectangular lot with split zoning of 83% General Commercial (C -2) and 17% Residential -3 (R -3) zones; and WHEREAS, the Director of Planning has conducted an Environmental Assessment EA -174 on the proposed 22 -room hotel and has circulated the draft Initial Study for interdepartmental • comments; and WHEREAS, the City Council Resolution 3517 requires that the Planning Commission review and approve environmental clearance for Precise Plan applications and for new commercial structures exceeding 15,000 sq. ft.; and WHEREAS, the Planning Commission is the planning agency responsible for interpretation and implementation of Title 20 (Zoning Code); and WHEREAS, the Planning Commission has reviewed the Initial Study and supportive documents in accordance with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and City of E1 Segundo Guidelines for Implementation of the California Environmental Quality Act (Resolution No. 3517); and WHEREAS, the Planning Commission was asked to determine the prevailing zone district and zone development standards for the subject property on February 11, 1988; and • WHEREAS, the Planning Commission has visited the site and become familiar with the site and surrounding physical conditions; and WHEREAS, after conducting a duly advertised public hearing and receiving testimony and documentary evidence from all interested parties, the Planning Commission adopted Resolution 2225 on September 22, 1988 denying the proposed precise plan; and WHEREAS, after conducting a duly advertised public hearing and receiving testimony and documentary evidence from all interested parties, the Planning Commission adopted Resolution 2226 on September 22, 1988 declaring that the subject property is suitable for development under the Residential -3 (R -3) zone standards; and WHEREAS, the applicant, Kemal Shaby, has filed a timely appeal from the decision of the Planning Commission; and WHEREAS, after conducting a duly advertised public hearing on November 15, 1988, and receiving testimony and documentary evidence from all interested parties, the City Council has established the following facts: -1- JOA:R- 112188.PL 1. Section 20.16.020 of requires the more restrictive • when there are two conflicting property. the E1 Segundo Municipal Code code requirements (R -3) to prevail zoning regulations on one 2. Staff applied the C -2 development standards to the project since the request is to develop a hotel on the site which is a permitted use in the C -2 Zone, and the Planning Commission had previously recommended that the site be rezoned to C -2. 3. The proposed project exceeds the two -story 28 -foot height limit and is 3- stories 35.5 feet; it includes encroachments into the required setbacks and has a reduced rear yard setback of 5 feet. 4. The development has been designed to comply with the R- 3 development standards, except for the proposed excessive height, proposed yard encroachments and proposed lot coverage of 66 %, 6% in excess of that permitted by the R -3 standards. 5. No code required loading space is proposed for the hotel project. 6. Weekday peak hour trip generation rates for this project were calculated to generate significantly fewer trips and be considerably less intensive than a small commercial center and slightly more intensive than an apartment project. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and the record in the matter of Environmental Assessment EA -174 Precise Plan 88 -3, the City Council finds as follows: 1. The project, as designed, is inconsistent with previous direction for application of General Commercial (C -2) Zoning for this property. 2. The several variance requests encompassed in the precise plan application, if granted, would create an undue advantage for this property not available to other properties in either the R -3 or C -2 Zones. 3. Public testimony received from the surrounding neighborhood is substantially opposed to granting of any variances for the project. • 4. The General Plan of the City of E1 Segundo concludes that commercial uses along Main Street at the north entry point to the City should be concentrated on corner locations. 5. Zoning Ordinance Section 20.16.020 Degree of Restrictiveness states in part: 20.16.020 DEGREE OF RESTRICTIVENESS. "More restrictive uses," as employed in this title means the following: (1) Those uses first permitted in the R -1 Zone are the most restrictive. (2) All other uses are less restrictive in the order they are first permitted in the Zones in the sequence shown, R- 21 R -3, P. C -RS, C -21 C -3, C -M, M -11 AND M -2. (3) Wherever, on a single site, two conflicting code requirements (use or development standard) come into play, the more restrictive (use or development standard) shall prevail. -2- JOA:R- 112188.PL r, 6. The most appropriate land use for the subject property is residential. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. (1) The proposed Precise Plan 88 -3, 951 Main Street, is hereby denied. (2) The prevailing zone district and development standards shall be Residential -3 (R -3). SECTION 2. Pursuant to ESMC 20.86.160, 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 City Council is final. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. 1988. • • PASSED, APPROVED and ADOPTED this 21st day of November, Clerk Mayor of e/ City of El Segundo, lifornia -3- JOA:R- 112188.PL 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I. Ronald L. Hart City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3560 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 adjourned regular meeting of the said Council held on the 21st day of November 1988 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Clutter, Dannen, and Mayor Jacobson NOES: Councilman West ABSENT: Councilman Anderson WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 13th day of December, 1988. 40 RONALD L. HART City Clerk of the City of E1 Segundo, California (SEAL)