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CC RESOLUTION 3913RESOLUTION NO. 3913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING ENVIRONMENTAL ASSESSMENT EA -349 AND CONDITIONAL USE PERMIT 94 -4 TO ALLOW A POTENTIAL AIR FREIGHT FORWARDING FACILITY IN AN EXISTING WAREHOUSE/OFFICE BUILDING LOCATED AT 605 -607 N. NASH STREET. PETITIONED BY: KATLIN FEUERSTEIN, CARING COMMUNITIES ASSOCIATES. WHEREAS, on October 17, 1994, an application was received from Kathn Feuerstein/Caring Communities Associates requesting approval of an Environmental Assessment and Conditional Use Permit to allow a potential Air Freight forwarding facility in an existing vacant 65,000 sq. ft. warehouse /office building at 605 -607 N. Nash Street in the Urban Mixed -Use (MU) Zone. The applicant proposes to demolish 8,478 sq. ft. of the building's office area, leaving 56,522 sq. ft. of building area; and WHEREAS, Environmental Assessment (EA -349) and Conditional Use Permit (CUP 94 -4) has been prepared and circulated for interdepartmental comments; and WHEREAS, the Planning Commission has reviewed Environmental Assessment (EA- . 349) and the 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 3805); and WHEREAS, on January 12, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter, and notice of the public hearing was given in the time, form and manner prescribed by law; and . WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for and against proposed Environmental Assessment EA -349 and Conditional Use Permit 94 -4; and WHEREAS, at the said hearing, the Planning Commission adopted Resolution No. 2360 denying EA -349, and CUP 94 -4; and WHEREAS, on January 19, 1995, within the ten day appeal period, an appeal to the City Council of the Planning Commission decision was filed by Mr. Jack Karp, the applicant's representative and President of the National Properties Group; and WHEREAS, on February 7, 1995, the City Council did hold, pursuant to law, a duly advertised public hearing on the appeal, and notice of the public hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for and against proposed Environmental Assessment EA -349 and Conditional Use Permit 94 -4; and WHEREAS, at said hearing the following facts and findings were established: 1. The site is a legal lot consisting of an existing warehouse and office building • divided into two tenant spaces totaling 65,000 sq. ft. on a 416.65 ft. by 209.1 ft. lot. The applicant is proposing to demolish 8,478 square feet of the building's office area , leaving 56,522 square feet of building area. Warehouse space would make up 50,522 square feet of the building, with the remaining 6,000 square feet being used for offices. Four additional truck loading dock doors are proposed to be added, for a total of 11 dock doors. 2. The site is zored Urban Mixed -Use (MU) which requires freight forwarding companies to obtain a conditional use permit. 1 3. The surrounding area is developed with an office immediately to the north with a freight forwarding facility further beyond, and a customs brokerage office with freight forwarding immediately to the south, with the Mariposa station of • the Green Line Light Rail immediately south of Mariposa Avenue, approximately 400' from the subject property. The Mariposa Station is surrounded by the vacant 24 acre "Chevron" property. Directly to the east, across Nash Street is the vacant 46 acre "Rockwell" site. The surrounding properties to the north, south and east are zoned MU, the same as subject property. To the west, the rear of the property, are warehouse and distribution uses in the Corporate Office (CO) zone. 4. The proposed project does not include an actual air freight forwarding tenant. The applicant is requesting that a generic approval be granted for a future air freight forwarding company to occupy the building. 5. The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as a minor alteration to an existing structure which involves negligible expansion of use. 6. The building was occupied from 1991 -1994 by Infinity Display Group as an . advertising office and from 1990 until 1993 for warehousing and distribution of dishware and cutlery by Kane Kutlery Industrial Corporation. NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of the appeal of Environmental Assessment EA -349 and Conditional Use Permit 94 -4, the City Council makes the following findings: CONDITIONAL USE PERMIT . 1. That the proposed location of the conditional use is not in accordance with the objectives of Section 20.36.010 of the City's Municipal Code and the intent of the General Plan land use designation for Urban Mixed -Use which permits a mixture of compatible commercial, offices, research and development, retail, and hotel uses where they can be located and developed in a mutually beneficial manner. It is the intent of the MU Zone to have several types of uses occupying a single building, or if a project includes multiple buildings, then each building should contain a different type of use. The intent of the zone is also to create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within the • MU Zone. The location of the proposed conditional use is not in conformance with the General Plan Urban Mixed Use designation which is designed to allow for various compatible uses in proximity to the Green Line in order to take advantage of the proposed transit stations in the City. Additionally, the proposed project in this location is not in conformance with the following General Plan Land Use goals, policies, and objectives (LU4, LU4 -3.2, LU44, LU44.3, LU44.4, and LU44.6) which relate to providing a stable tax base through development of new commercial uses within mixed -use areas, encouraging mixed -use within one quarter mile of the Green Line stations, providing synergistic relationships with mixed uses which have the potential to maximize economic benefit, ensuring a mix of uses in the Urban Mixed -Use area, promoting commercial and mixed uses within walking distance of Green Line stations, promoting . mixed -use near transit nodes and encouraging alternative transportation modes. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will be detrimental to the public welfare and materially injurious to properties or improvements in the vicinity; since the proposed . significant modifications to the use of the building and demolition of the existing office area would convert the existing legal non - conforming warehouse /office building to an air freight forwarding building. Freight forwarding is a use that is more intense and more incompatible with the intent of the MU Zone than the previously existing uses. The previous warehouse use is a legal non - conforming use and office use is a Fd legal conforming use. Additionally, immediately east of the site is a vacant 46 acre parcel and to the south a vacant 24 acre parcel, both zoned MU. These two parcels are the largest vacant properties in El Segundo. The development of new freight • forwarding uses and buildings in proximity to these locations would discourage development of these sites in accordance with the MU Zone and be incompatible with future MU uses on these sites. Further, the development of the proposed freight forwarding use in the same block as two existing air freight forwarding uses, would result in an over - saturation of these uses in this location in the MU Zone, and would • adversely impact the compatibility and harmonious existence of existing and future development within the surrounding MU zoned properties. • SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -349 and Conditional Use Permit 94 -4; and 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 last day of March; _. , 1995. ._,Cali Jacobson, Gty of El Seg California ATTESTED: r ndy Mort s /City Clerk (SEAL) II • E - APPROVED AS TO FORM: E" e. idland C. Dolley, City Attorney 3 STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] n LJ • 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. 3913 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 21st day of March 1995, and the same was so passed and adopted by the following vote: AYES: Mayor ProTem Weston and Councilwoman Friedkin. NOES: None ABSENT: None ABSTENTION: Councilman Switz NOT PARTICIPATING: Mayor Jacobson and Councilman Robbins . WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 27th day of March, 1995. • NDY M °ORTESEN :City Clerk of the City of El Segundo, California (SEAL) Uj