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CC RESOLUTION 3829RESOLUTION NO. 3329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DENYING ENVIRONMENTAL ASSESSMENT EA -305, CONDITIONAL USE PERMIT 93 -1 TO ALLOW A SPORTS EDUCATION CENTER AND A PRE - SCHOOL, AND VARIANCE 93 -2 TO ALLOW 25 AND 15 FOOT HIGH NETTING FENCES AT 530 -540 E. IMPERIAL AVENUE. PETITIONED BY JOHN ALTAMURA. WHEREAS, an application has been received from John Altamura requesting approval of an Environmental Assessment, Conditional Use Permit and Variance to allow a sports education center and a pre - school to occupy a vacant school facility located at 530 -540 E. Imperial Avenue; and WHEREAS, the Planning Commission at their meeting of April 8, 1993, adopted Resolution No. 2334 recommending that the City Council adopt a resolution that clarify a land use ambiguity with regard to allowing a sports education center as a principal permitted use in the Public Facilities (P -F) zone and interpret Chapter 20.30 of the El Segundo Zoning code; and WHEREAS, the City Council at their meeting of May 4, 1993, adopted Resolution No. 3812 clarifying that the proposed use is not a principal permitted use in the Public Facilities (P -F) zone since it is a commercial enterprise and not a public or quasi -public use and therefore requires further review under a Conditional Use Permit; and WHEREAS, an Environmental Assessment has been prepared and circulated for Inter - Departmental comments; and WHEREAS, a Parking Demand Study was performed by Kimley -Horn and Associates and submitted with the application; and WHEREAS, a Noise Analysis was performed by Davy and Associates, Inc. and submitted with the application; and WHEREAS, the Planning Commission has reviewed the Initial Study and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, a Traffic Analysis, requested by the Planning Commission, was performed by Richard Garland & Associates and submitted with the application; and WHEREAS, on May 27, 1993, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, at said hearing opportunity was given to all persons to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -305, Conditional Use Permit 93 -1, and Variance 93 -2; and WHEREAS, on June 24, 1993, the Planning Commission adopted Resolution No. 2338 approving Environmental Assessment EA -305, Conditional Use Permit CUP 93 -1 and Variance 93 -2; and WHEREAS, on July 7, 1993, within the ten day appeal period, an appeal of the Environmental Assessment EA -305, Conditional Use Permit CUP 93 -1 and Variance 93 -2 was filed by John Loney and Eric Bimber: and WHEREAS, on August 3, 1993, the City Council did hold, pursuant to law, a duly advertised public hearing on the appeal, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, at said hearing opportunity was given to all persons to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -305, CUP 93 -1 and Variance 93 -2; and WHEREAS, at said hearing the following facts were established: 1. The applicant is proposing to operate a pre- school and a sports education center which consists of various indoor sports classes and outdoor activities (batting cages andbaseball field), at 530- 540 E. Imperial Avenue in the Public Facilities (P -F) zone. 2. The proposed project site is a vacant elementary school facility which was used as an elementary school from 1953 -1975 and as a computer learning center from 1985 -1989. 3. The surrounding land uses consist mainly of single - family and multi - family residential units and commercial developments. 4. The Public Facilities (P -F) zone, Section 20.30.020, permits Municipal, County, State or other governmental buildings, public or quasi - public educational facilities such as schools and administrative office, eleemosynary (charitable) institutions, churches, church schools and religious facilities, flood control facilities, public parking lots or structures, public utilities and . public recreational facilities as principal uses. 5. The project site is 5.66 acres in size and is developed with eight (8) buildings totaling 22,488 sq. ft. in area and four (4) parking areas with 98 spaces total. Three parking lots and a large circular drop off area are adjacent to Imperial Avenue, and one (1) parking lot is adjacent to Walnut Avenue. 6. The proposed use requires a total of forty three (43) spaces and the submitted revised site plan dated June 7, 1993, provides a total of eighty -nine (89) spaces. Fifty -two (52) spaces are accessed from Imperial Avenue and thirty -seven (37) spaces are accessed from Walnut Avenue. 7. The proposedproject is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as an existing facilities project; and NOW, THEREFORE, BE IT RESOLVED that after considering the above facts of proposed Environment Assessement EA -305, Conditional Use Permit CUP 93 -1 and Variance 93 -2, the City Council made the following findings: A. CONDITIONAL USE PERMIT .1. The proposed use is not a principal permitted use in the Public Facilities (P -F) zone, since it is a commercial enterprise and not a public or quasi - public use. The use is consistent with the intent of the P -F zone but not compatible with the allowed uses of the P -F zone and with the surrounding land uses; and 2. That the proposed use will adversely impact the existing traffic circulation. B. VARIANCE 1. That there are no exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the vicinity and zone; and 2. That the granting of the variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question; and 3. That the granting of the variance will be materially detrimental to the public welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and 4. That the granting of the variance will adversely affect the comprehensive general plan. SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies Environmental Assessment EA -305, Conditional Use Permit 93 -1, and Variance 93 -2. SECTION 2. 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 which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 17th day of,AUGA S 1993. r Car Jacobsn, ayor ATTE D: City of El Segundo 7 Cxfidy:Morte en; City Clerk (SEAL) AVVROVE AS TO FORM: (i `eland C. Doliey --A City Attorney EA305- CC.RES �LJ 0 E 0 STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES CITY OF EL SEGUNDO ] ] SS I, Cindy Mortesen, 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. 3829 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 17th day of August, 1993, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Councilman West, Councilman Robbins. NOES: None NOT PARTICIPATING: None Mayor ProTem Wise, Councilman Switz, and WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 19th day of August, 1993. Lc- ��ES rN qty Clerk of the City of El Segundo, California (SEAL)