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CC RESOLUTION 4077RESOLUTION NO. 4 0 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A ONE (1) YEAR EXTENSION TO VESTING TENTATIVE TRACT MAP NO. 51109 (SUBDIVISION 98 -2) FOR PROPERTY AT 1415 EAST GRAND AVENUE AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -439. PETITIONED BY JIM KIZIRIAN. WHEREAS, an application has been received from Jim Kizirian, requesting approval of an Environmental Assessment and a one (1) year extension to Vesting Tentative Tract Map No. 51109, and associated project approvals to allow the continued development rights for the construction of a 28 unit townhome style condominium development on 1.59 acres located at 1415 East Grand Avenue in the Medium Density Residential (MDR) Overlay Zone; and, WHEREAS, an Environmental Assessment (EA -439), 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 July 9, 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. 2421 on July 9, 1998 recommending approval of the proposed Subdivision extension; and, WHEREAS, on July 21, 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; and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -439 and Subdivision Extension 98 -2; and, WHEREAS, at said hearings the following facts were established: The approved project is for the construction of a 28 unit townhouse -style condominium project at a density of 17.6 units per acre with 84 garage. parking spaces and 9 guest parking spaces on a 1.59 acre site at 1415 E. Grand Avenue in the Medium Manufacturing (M -M) zone. 2. The approved project includes the implementation of the Medium Density Residential (MDR) Floating Zone in the Smoky Hollow Specific Plan area, which required City Council approval and certification of an Environmental Impact Report. 3. The approved proposal complies with all applicable requirements of the Medium Density Residential (MDR) Floating Zone. 1 4. The subject proposal is to extend the previously approved project, covered by the following previous approvals and agreements: * Environmental Assessment EA -285, Subdivision 92 -3, Vesting Tentative Tract Map No. 51109, and Smoky Hollow Site Plan 92 -1 were approved by City Council Resolution No. 3811 on May 4, 1993, certifying a Environmental Impact Report for a 28 unit condominium project at the northwest corner of Grand Avenue and Kansas Street (1415 East Grand Avenue). 5. The original Vesting Tentative Tract Map was approved for a period of two years. State Law (Senate Bill 428) adopted in 1993 provided for an automatic two year extension of tentative tract maps which had not expired by September 13, 1993. Assembly Bill 771, which was signed into law on May 15, 1996, also provided for an additional one year automatic extension of tentative maps in effect at the time of passage of the law. These two laws, combined with the original two year approval, extended the expiration date of Vesting Tentative Tract Map No. 51109 to May 4, 1998. 6. 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 -439 and Subdivision Extension 98 -2, the City Council makes the following findings and approves a one (1) year extension to the original Vesting Tentative Tract Map 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 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. SUBDIVISION 1. The approved subdivision to create condominium ownership, and the design of the proposed townhouse -style multiple - family residences are consistent with the Smoky Hollow Specific Plan through the activation of the Medium Density Residential (MDR) Floating Zone. 2 2. The site is physically suitable for residential townhouse development at the proposed density of one unit per 2,474 square feet of site area (28 units or 17.6 units per acre). 3. The design of the approved subdivision improvements adequately provides for public services and is not likely to cause any public health problems due to the mitigation measures provided for in the certified Environmental Impact Report. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA-439 and Subdivision Extension 98 -2, subject to the following conditions: 1. Vesting Tentative Tract Map No. 51109 and associated project entitlements shall expire on May 4, 1999, unless a final map is approved or another extension is requested. 2. Prior to the issuance of a Certificate of Occupancy, the applicant shall pay traffic impact mitigation fees, pursuant to City Council Resolution No. 3969. 3. Prior to the issuance of a building permit, the applicant shall provide Reclaimed Water System Plans to the City of El Segundo Departments of Planning and Building Safety, and Public Works for review and approval. The plans shall indicate reclaimed water to be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Los Angeles County Health Department and the City Department of Public Works. If necessary, said plans shall include an approval from West Basin Municipal Water District, the supplier of reclaimed water systems. If the water provider is unable to make reclaimed water available for the project prior to issuance of a Certificate of Occupancy, then potable water may be utilized until such time as reclaimed water is available. As soon as reclaimed water is available, then it shall be utilized. 4. Prior to issuance of a building permit, 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. 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. 5. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Resolution No. 3811. 6. The applicant shall indemnify, defend, protect, and hold hannless 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 -439 and Subdivision Extension 98 -2. 3 PASSED, APPROVED AND ADOPTED this 21st day of July, 1998. .) 7 d Mike Gordon, Mayor 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 of the City is five; that the foregoing Resolution No. 4 6 7 7 was duly passed and 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 21' day of July, 1998, and the same was so passed and adopted by the following roll call vote: AYES: Gordon, Jacobs, McDowell, Gaines NOES: Wernick ABSENT: None ABSTAIN: None y ortese V i Clerk APPRO D AS TO FORM: Mark D. Hensley, City Attom y 11 p:\ project \426 - 450 \ea439 \ea439- cc.res