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CC RESOLUTION 4287RESOLUTION NO. 4287 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM 612 TWIN HOLDING, LLC APPROVING AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT NO. 581 FOR AN ADDITIONAL 9 PARKING SPACES AND AN ADDITIONAL 784 SQUARE FEET OF COMMERCIAL SPACE FOR THE PROPERTY/PARKING STRUCTURE LOCATED AT 121 WEST GRAND AVENUE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On June 4, 2002, the City Council approved the environmental review (Environmental Assessment No. 581) of a new 2.5 level, 176 space parking structure, 7,000 square foot commercial building, and the lease of 100 parking spaces within the new parking structure at 121 west Grand Avenue. The decision was based on Information provided by City staff, public testimony, and 612 Twin Holdings, LLC representatives. Resolution No. 4262, and its findings, were made based upon the evidence presented to the City Council, without limitation, the staff report submitted by the Department of Community, Economic and Development Services; B. On September 17, 2002, 612 Twin Holdings, LLC submitted an application for an amendment to the lease agreement and for any necessary supplemental environmental review that may be required. The amendment is for an additional 9 parking spaces, and an additional 784 square feet of commercial use at 121 West Grand Avenue; C. The application has been reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC ") and Downtown Specific Plan; D. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993), and determined that a addendum would to the Negative Declaration would be the appropriate pursuant to CEQA Guideline 15164 CEQA document; 1. E. The Department of Community, Economic and Development Services prepared and addendum to the Negative Declaration and scheduled a meeting regarding the application before this Council for November 6, 2002; F. The City Council considered the information provided by City staff, and 612 Twin Holdings, LLC representatives. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its November 6, 2002, meeting including, without limitation, the staff report submitted by the Department of Community, Economic and Development Services and 612 Twin Holdings, LLC; SECTION 2: Factual Findings. The City Council finds that the following facts exist: A. A developer, 612 Twin Holdings LLC, is proposing to add an additional nine parking spaces to an approved garage and an additional 784 square feet of commercial space fronting on Grand Avenue. B. The proposed parking structure would be approximately 30 feet tall measured at the existing grade at the northernmost portion facing the vacant grocery store building, along Grand Avenue, along Richmond Street and along the alley. The structure would be set approximately 20 feet from the face of the existing retail building and this space should remain clear and open for pedestrian access to the alley and Richmond Street. C. The project is located in the Grand Avenue District (GAD) of the Downtown Specific Plan area. The GAD permits general retail uses. The parking structure is considered as an accessory use providing the required on -site parking for the existing retail building and the proposed retail building. This project will meet all development regulation and standards required for development in the GAD. The additional parking and commercial space is consisted with the Downtown Specific Plan. SECTION 3: Environmental Assessment. In .accordance with CEQA Guideline 15164, the City of El Segundo prepared an Initial Study and Addendum to the previously approved Mitigated Negative Declaration demonstrating that the Project revisions are minor in nature and would not require a subsequent Negative Declaration based upon the criteria set forth in CEQA Guideline 15162. SECTION 4: Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with Pub. Res. Code §§ 21152, 21167(f); 14 CCR § 15094; and any other applicable law. 2. SECTION 5: General Plan and Zoning. The proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows: The zoning General Plan designation for the property is the Downtown Specific Plan. The proposed project is consistent with the Downtown Specific Plan; SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "B," which are incorporated into this Resolution by reference, the City Council approves an Addendum to EA No. 581, SECTION 7: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 8: The City Clerk is directed to mail a copy of this Resolution to 612 Twin Holdings, LLC and to any other person requesting a copy. SECTION 9: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 6th day of vember, 2002. k4WAZ Mi a Gordon, Mayor City of El Segundo 3. 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. 4287 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6th day of November, 2002, and the same was so passed and adopted by the following vote: AYES: Gordon, McDowell, Wernick NOES: None ABSENT: Gaines ABSTENTION: None NOT PARTICIPATING: Jacobs WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6th day of November, 2002. ATTEST: Cindy Mortesen, City APPROVED AS TQ� Mark D. Hensley, ty Attorney Ej CITY COUNCIL RE=SOLUTION NO. 4287 CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), 612 Twin holdings, LLC agrees that it will comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 581 ( "Project Conditions"). Design Conditions 1. The building plans for the parking garage and retail /restaurant area shall be stamped by an licensed architect or engineer and shall state on the plans that the height of the garage shall not exceed 30 feet from existing grade. The building plans shall have a legend that clearly identifies the square footage of each commercial use, the total number of parking spaces for each garage level plus the number of parking and loading spaces located on the grocery store site. (MM -2). 2. The maximum square footage for commercial use shall be limited to 7,784 square feet (MM -1). 3. A Lease Agreement between 612 Twin Holdings LLC and the City of El Segundo states that out of the 181 parking spaces provided in the garage, 100 spaces shall be leased by the city (MM -15). 4. The maximum number of parking spaces in the parking garage is limited to 181 spaces (MM -16) 5. A 20 -foot pedestrian pathway shall be provided between the grocery store and the parking garage for pedestrian access to the grocery store, the parking garage, Richmond Street and the alley (MM -17). 6. 612 Twin Holdings, LLC agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 581. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 581, 612 Twin Holdings, LLC agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. a 7. By signing this document, 612 Twin Holdings, LLC certifies that it has read, understood, and agrees to the Project Conditions listed in this document. 13y: 612 Twin Holdings, LLC {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company} II