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CC RESOLUTION 4368RESOLUTION NO. 4368 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING ENVIRONMENTAL ASSESSMENT NO. 632 AND SUBDIVISION NO. 03-8 FOR A FIRST EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 53570 FOR PROPERTY AT 700 -800 NORTH NASH STREET The City Council of the City of El Segundo does resolve as follows: SECTION 1: The Council finds and declares that: A. On December 1, 2003, TPG -El Segundo Partners, LLC submitted an application for a one -year extension to Vesting Tentative Tract Map No. 53570; and associated project approvals to allow the continued development rights for the creation of 26 separate parcels. 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 ESMC; B. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, at 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); C. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for February 12, 2004; D. On February 12, 2004, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by TPG -EI Segundo Partners, LLC; and adopted Resolution No. 2559 approving Environmental Assessment No. 632 and Subdivision No. 03 -8; E. The Commission considered the information provided by City staff, public testimony, and TPG -El Segundo Partners, LLC representatives. Resolution No. 2559 and its findings, were made based upon the evidence presented to the Commission at its February 12, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services; F. On March 16, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation information provided to the Planning Commission by TPG -El Segundo Partners, LLC; and adopted Resolution No. 436g and G. The City Council considered the information provided by City Staff, public testimony, and TPG -EI Segundo Partners, LLC representatives. Resolution No. 4368 and its findings, are made based upon the evidence and testimony presented to the Council at its March 16, 2004 hearing including, without limitation, the staff report submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The approved project is for the creation of 26 separate parcels on a 46.53 - acre site at 700 -800 N. Nash St, in the Corporate Campus Specific Plan Area; B. The approved proposal complies with all applicable requirements of the Corporate Campus Specific Plan including the minimum lot size and minimum street frontage requirements for the Corporate Campus Specific Plan. All parcels will have frontage on a public street or a private internal roadway; C. The original project approval of the project required City Council approval and certification of an Environmental Impact Report. There have been no changes to the project scope or any other significant information that would render the conclusions of the original Environmental Impact Report inaccurate. Therefore the conclusions of the Environmental Impact Report remain unchanged; D. The subject proposal is to extend the previously approved project covered by the following previous approvals and agreements: Environmental Assessment No. 548, Subdivision No. 01 -5 (Vesting Tentative Tract Map No. 53570), Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, and Administrative Use Permit No. 01 -1 were approved by City Council Ordinance 1345 and City Council Resolution 4241 on January 2, 2002, certifying an Environmental Impact Report for the Campus El Segundo project at 700 -800 N. Nash Street; E. The project is a benefit to the community for the same reasons that it was found to be a benefit to the community when the City Council approved it on January 2, 2002; F. The project was upheld by 65% of the voters pursuant to referendum process on June 18, 2002. Thus, the community supports the project as it was originally proposed; and G. An appeal of the Planning Commission's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 (Vesting Tentative Tract Map No. 53570) was received by the City Clerk's Office February 23, 2004. SECTION 3: Environmental Assessment. The Council finds that Environmental Assessment No. 632, Subdivision No. 03 -8 and Vesting Tentative Tract Map No. 53570 were previously analyzed for its environmental impacts and a Final Environmental Impact Report was certified pursuant to CEQA § 15090. 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 § 15062; and any other applicable law. SECTION 5: General Plan Findings. After considering the above facts, the City Council finds as follows: A. The Land Use Designation of the project site is Corporate Campus Specific Plan. Moreover, the proposed project is consistent with the City's General Plan Land Use Objective LU4 -4, which encourages mixed use developments; B. The ESMC zoning classification for the project site is Corporate Campus Specific Plan; C. The proposal meets all the site development standards of the Corporate Campus Specific Plan; and D. The proposed Subdivision complies with the applicable provisions of ESMC Chapter 14 -1, since an application requesting an extension was received prior to the date of expiration, proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered. SECTION 6: Approvals. The City Council upholds the Planning Commission's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 with amended Conditions of Approval. SECTION 7: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 8: The City Clerk is directed to mail a copy of this Resolution to TPG -El Segundo Partners, 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 h f Kelly McDowel , !fafor� 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 said City is five; that the foregoing Resolution No. 4afi 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 16`h day of March 2004, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines and McDowell NOES: None ABSENT: None ABSTAIN: None NOT PARTICIPATING: Wernick �'�'�,1 'Dm"MA4 Q"� Cindy Mbrtesen, City Clerk APPROVED AS TO FORM: Mark D. H sley, City Attorney gy, v(i`J Karl H. Berger, Assistant City Atto ey CITY COUNCIL RESOLUTION NO. 4368 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), TPG -El Segundo Partners, LLC agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 ( "Project Conditions "): Miscellaneous Conditions 1. Vesting Tentative Tract Map No. 53570 and associated project entitlements will expire on July 12, 2005, unless a Final Map is approved and recorded or a second extension is requested. 2. Before building permits are issued, the applicant will develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved will be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 3. The developer must develop the property in accordance with the applicable provisions of previously approved City Council Resolution No. 4241 and Ordinance No. 1345. 4. TPG -El Segundo Partners, 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. 632 and Subdivision No. 03 -8. 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. 632 and Subdivision No. 03 -8, TPG -El Segundo Partners, 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. By signing this document, TPG -Et Segundo Partners, LLC certifies that it has read, understood, and agrees to the Project Conditions listed in thi document. kr TP - I Segundo Partners, LLC TPG -El Segundo Partners, LLC Ap ant Applicant James A. Thomas, Chairman & CEO Thomas S. Ricci, Sr. V.P. {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}