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CC RESOLUTION 4070RESOLUTION NO. 4070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A FIVE (5) YEAR EXTENDED DEVELOPMENT AGREEMENT NO. 97 -2 FOR PROPERTY AT 2301 -2381 ROSECRANS AND 810 -820 SOUTH DOUGLAS STREET AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -411. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation, requesting approval of an Environmental Assessment and a five (5) year extension to a Development Agreement to allow the continued development rights for Phase IT of a hotel and office development on 9.69 acres located at 2301 -2381 Rosecrans Avenue and 810 -820 South Douglas Street in the Urban Mixed -Use South (MU -S) Zone; and, WHEREAS, an Environmental Assessment (EA -411), 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 May 28, 1998, 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. 2419 on May 28, 1998 recommending approval of the proposed extended Development Agreement and, WHEREAS, on June 16, 1998, 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 present to speak for or against the fmdings of Environmental Assessment EA -411 and Development Agreement Extension 97 -2; and, WHEREAS, at said hearing the following facts were established: 1. The project site consists of 9.69 acres. 2. The project consists of a hotel with a maximum of 182 rooms (Phase I) and a 290,000 square foot office building and parking structure (Phase II), each with a maximum floor area ratio of 1.0. A 122 -room Summerfield Suites Hotel was constructed to satisfy the hotel portion of the project. 3. The subject proposal complies with all applicable requirements of the underlying Heavy Industrial (M -2) 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 II, covered by the following previous approvals and agreements: 1 * Environmental Assessment EA -206, Subdivision 89 -10 for a Lot Line Adjustment to Parcel Map No. 17158, and a Development Agreement were approved by City Council Resolution No. 3660 on November 6, 1990, certifying an Addendum to an Addendum to the Environmental Impact Report for Continental Park Phase V and adopting mitigation measures for a project consisting of maximum 182 -room hotel and a 290,000 square foot office tower and related parking structure at the northeast corner of Rosecrans Avenue and Douglas Street (2301 -2381 Rosecrans Avenue and 810 -20 South Douglas Street). * Precise Plan 89 -2 was also approved on November 6, 1990 by City Council Ordinance No. 1157 to allow the proposed uses in the Heavy Industrial (M -2) Zone. * A Development Agreement (Instrument No. 92- 1056312) was executed on June 10, 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 existing at the time. Section 8.1 of the Development Agreement allows the applicant to apply for a five (5) year extension subject to a discretionary review and approval of the Planning Commission and City Council. 5. The current Urban Mixed -Use South (MU -S) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use South. The subject proposal is consistent with the intent of the MU -S zoning designation by allowing for hotel and office uses. 6. The surrounding areas to the west, north and east are developed with office uses, a health club, research and development, restaurants, and hotels. To the south across Rosecrans Avenue are retail uses. The properties to the north, west, and east are zoned Mixed -Use South (MU -S), and to the south is Planned Development (City of Manhattan Beach). 7. The project site is located within the southeast portion of the City of El Segundo, approximately one quarter - mile west of the San Diego (I -405) Freeway and two miles south of the Glenn Anderson (I -105) Freeway. The Metro Green Line and a station at Douglas Street are located adjacent to, and north 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 public and 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 -411 and Development Agreement Extension 97 -2, the City Council makes the following findings and approves a five (5) year extension to the original Development Agreement and certifies the Negative Declaration of Environmental Impacts: ENVIRONMENTAL ASSESSMENT 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 N 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 Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimis finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the 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 The applicant is requesting approval of a five (5) year extension to a Development Agreement, pursuant to the provisions of state law, City Council Resolution No. 3268, and Section 8.1 of the Development Agreement. 2. The extended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. 3. The extended 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. 4. The extended Development Agreement is in conformity with public convenience, general welfare and good land use practice. 5. The extended Development Agreement will not be detrimental to the health, safety and general welfare. 6. The extended 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 and objective: LU 4 -3.4 and LU 4 -4. This policy and objective encourages mixed -use developments near green line stations and provides for mixed developments to provide synergistic relationships which can maximize economic benefits, reduce traffic impacts and encourage pedestrian environments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA-411 and Development Agreement Extension 97 -2, subject to the following conditions: 1. Prior to execution and recording, the applicant shall amend Section No. 1 of the Consent to Extension of Development Agreement to indicate that the five year extension shall commence on June 9, 1997, not the date of recording of the document. 2. Within 60 days of approval by the City Council, the Consent to Extension of Development Agreement shall be executed and recorded. If the Consent to Extension of Development Agreement is not recorded within this time period, approval of the extension shall be null and void. 3 3. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on June 10, 1992), 4. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance No. 1157 and City Council Resolution No. 3660. 5. 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 -411 and Development Agreement Extension 97 -2. PASSED, APPROVED AND ADOPTED this 7th day of July, 1998. - tA&IJ - Mike Gordon, Mayor, City of El Segundo ATTEST: 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 if said City is five; that the foregoing Resolution No. 4070 was duly adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 7" day of July, 1998, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTAIN: 0 None dy Morte , ity Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 4