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CC RESOLUTION 4039RESOLUTION NO.. 4039 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT AGREEMENT NO. 97 -1 FOR PROPERTY AT 400 AND 444 CONTINENTAL BOULEVARD AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -425. PETITIONED BY OLYMPIA BEND ASSOCIATES AND TENNIS WORLD ASSOCIATES. WHEREAS, an application has been received from Olympia Bend Associates and Tennis World Associates, requesting approval of an Environmental Assessment and a First Amendment to a Development Agreement to allow the reduction in parking for Phase H of an office development from 963 parking spaces to 614 parking spaces on 4.17 acres located at 400 and 444 Continental Boulevard in the Corporate Office (CO) Zone and, WHEREAS, an Environmental Assessment (EA -425), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and, WHEREAS, the Planning Commission has reviewed the application 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, on September 25, 1997, 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, and notice of the public • hearing was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No. 2401 on September 25, 1997 recommending approval of the proposed amended Development Agreement; and, WHEREAS, on October 7, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against Environmental Assessment EA-425 and Development Agreement Amendment 97 -1; and, WHEREAS, at said hearing the following facts were established: 1. The project site consists of 4.17 acres of the original 8.37 acre site. 2. The project consists of a office building and parking structure and will have maximum building heights of approximately 86 -feet and 70 -feet respectively, a minimum of 614 parking spaces, and a maximum floor area ratio of 1.28. 3. The subject proposal complies with all applicable requirements of the underlying C -3 Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase I1, covered by the following previous approvals and agreements: . * Environmental Assessment EA -039 was approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation 1 measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight -story parking structures to accommodate at total of 1698 parking spaces on an 8.37 acre site • at the northeast comer of Grand Avenue and Continental Boulevard (300, 400, 444 Continental Boulevard and 2111 East Grand Avenue). * Subdivision 86-4 and Tentative Parcel Map No. 17937 was approved by the Planning Commission on August 28, 1986 as Resolution No. 2154 resulted in the division of the property into two parcels. * Resolution No. 2219 was approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86-4 and Tentative Parcel Map No. 17937. * An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * Environmental Assessment EA -268 and Development Agreement 91 -2 was approved by the City Council on March 3, 1992 as Ordinance No. 1172. A Development Agreement was executed on October 6, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies exiting at the time. The Development Agreement allowed the construction of the parking structures in the setback area between parcel A and B without a variance. • 5. The existing C -O zoning for the site is currently consistent with the General Plan Land Use designation of the site for Corporate Office. The subject proposal is consistent with the intent of the Corporate Office zoning designation by allowing for research and development uses east of Sepulveda Blvd. and by contributing to the Corporate headquarters for the applicant. 6. The development rights have been transferred from the original developer with the City's approval. The office building and parking structure on Parcel 1 have been completed. The developer originally received building permit approvals for Phase Il in April 1987. The building permits for Phase I1 have expired. 7. The surrounding area to the west, north and south is developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west, and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). 8. The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (1 -405) Freeway and one -half mile south of the Glenn Anderson (1 -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street are located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA-425 and Development Agreement Amendment 97 -1, the City Council makes the 2 39 following findings and approves an amendment to Development Agreement 91 -2 and certifies the Negative Declaration of Environmental Impacts: • ENVIRONMENTAL ASSESSMENT 1. The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and 3. That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. DEVELOPMENT AGREEMENT 1. The applicant is requesting approval of an amended Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 2. The Developer shall be required to provide a minimum of 614 parking spaces. 3. The amended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. 4. The amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 5. The amended Development Agreement is in conformity with public convenience, general welfare and good land use practice. 6. The amended Development Agreement will not be detrimental to the health, safety and general welfare. 7. The amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the following General Plan Land Use Policy: LU 4 -3.4. This policy encourages employers to provide incentives for the use of public transportation, should be considered when evaluating conformance with the General Plan. 2. The proposed use is consistent with the following General Plan Policies and Objectives related to circulation: C 1 -3.2, C 2 -5, C 2 -5.1, C 2 -5.2, and C 3 -2.1. These issues relate to the provision of parking also should be considered. 3 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA-425 and Development Agreement Amendment 97 -1 subject to the following conditions: 1. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on October 6, 1992), the previously recorded Agreement Affecting Real Property (recorded on June, 23, 1989, and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded on December 5, 1988). 2. Prior to the issuance of a building permit for Phase II, the First Amended Development Agreement shall be executed and recorded. 3. Prior to issuance of a building permit for Phase II, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety and further outlined in the "project description" and provisions contained in the First Amended Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 4. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance 1172, and Planning Commission Resolution Nos. 2077 and 2154. 5. If the City Attorney determines that an Amendment to the Agreement Affecting Real Property is required, then the Amendment shall be executed and recorded prior to issuance of a Building Permit for Phase U. . 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA-425 and Development Agreement 97 -1. PASSED, APPROVEDAN PTID this '7glkday of October, 1997. Sandra Ja s, Mayor of the City of El Segundo, ATTESTED: California C dy Mort n City C erk EAL) APPROVED AS TO FO Mark D. Hensley, City Attorney 0 M Nancy We i , Mayor ProTem of the City of E1 Segundo, California p: \project \ea425 \ea425- cc.res 4 C�9 • CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] 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. 4039 was duly passed and adopted by the said City Council, approved and signed by the Mayor ProTem of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 7th day of Octoberr, 1997, and the same was so passed and adopted by the following vote: AYES: Mayor ProTem Wernick, Councilman Weston, Councilman Gordon and Councilwoman Friedkin • NOES: None ABSENT: Mayor Jacobs ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 8th day of October, 1997. -µ dy Morte a ,City erk o the City f El Segundo, California (SEAL) is