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CC RESOLUTION 4305RESOLUTION NO. 4305 A RESOLUTION APPROVING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 604, GENERAL PLAN AMENDMENT NO. 02 -03 AMENDING THE LAND USE ELEMENT AND ZONE TEXT AMENDMENT NO. 02 -02 AMENDING SECTIONS 15 -21-6A AND SECTION 15- 21 -7 -1131 OF THE EL SEGUNDO MUNICIPAL CODE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On August 6, 2002, the City Council directed staff to initiate the process to amend the Municipal Zoning Code and the General Plan Land Use Element to eliminate references to expansion of structures that exceed allowable floor area ratio (legal nonconforming structure); B. The application was 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 "); C. 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); D. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the City Council for April 15, 2003; E. On January 23, 2003 and February 13, 2003, the Planning Commission held public hearings to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and approved Resolution No. 2545 recommending approval to the City Council; F. On April 15, 2003, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by staff; G. The City Council considered the information provided by City staff and public testimony. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its April 15, 2003 hearing RESOLUTION NO. 4305 APPROVING EA NO 604, GPA NO 02 -03, and ZTA NO. 02 -02 PAGE NO 1 including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services; H. The affected subject sites are citywide and in zones Neighborhood Commercial (C -2), General Commercial (C -3), Corporate Office (CO), Light Industrial (M -1), Heavy Industrial (M -2), Medium Manufacturing (M- M), Urban Mixed -Use North (MU -N) and Small Business (SB); I. The General Plan Land Use Element Commercial Designation Smoky Hollow Mixed -Use and Section 15 -21 -713.1 of the Zoning Code allow owners of buildings within Smoky Hollow that exceed a 0.6 FAR a right to expand which is not afforded owners of buildings which do conform; J. ESMC § 15 -21 -6A allows owners of buildings which exceed floor area ratio (FAR) a right to expand which is not afforded to owners who have buildings which conform to FAR requirements. SECTION 2: Environmental Assessment A. The City of El Segundo prepared an Initial Study the results of which justify a Negative Declaration demonstrating that the Project would not cause any significant environmental impacts; B. 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 involves the reduction of the potential build -out of non - conforming buildings. SECTION 3: General Plan and Zoning. This amendment to the General Plan and to the ESMC will bring the two documents into conformance and eliminate an inequity imposed on property owners. SECTION 4: Approvals. The City Council approves the Negative Declaration of Environmental Impacts of proposed Environmental Assessment No. 604 for General Plan Amendment No. 02 -03 and Zone Text Amendment No. 02 -02. SECTION 5: 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. SECTION 6: This Resolution will remain effective unless superseded by a subsequent resolution. RESOLUTION NO 4305 APPROVING EA NO 604, GPA NO. 02 -03, and ZTA NO. 02 -02 PAGE NO. 2 SECTION 7: The City Clerk is directed to mail a copy of this Resolution to any person requesting a copy. PASSED, APPROVED AND ADOPTED this 15th day of April 2003. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 said City is five; that the foregoing Resolution No. 4305 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of April, 2003, and the same was so passed and adopted by the following vote: AYES: Mayor Gordon, Council Members Gaines, McDowell and Wernick NOES: Mayor Pro Tern Jacobs ABSENT: None ABSTAIN: None ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: vt� Mark D. Hensley, City Attorn RESOLUTION NO. 4305 APPROVING EA NO 604, GPA NO. 02 -03, and ZTA NO. 02 -02 PAGE NO. 3