CC RESOLUTION 4370RESOLUTION NO. 4370
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING
THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING
ENVIRONMENTAL ASSESSMENT NO. 638 AND SUBDIVISION NO. 04-
1 FOR A STAY 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 February 3, 2004, TPG -El Segundo Partners, LLC submitted an
application to toll the time that Vesting Tentative Tract Map No. 53570
( "Map ") would remain effective. The application sought a stay for the time
period during the pendency of ongoing litigation involving the Map until a
final judgment is entered or five years, whichever is sooner. 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 ");
B. 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);
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 March 11, 2004;
D. On March 11, 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 -El Segundo Partners, LLC; and adopted Resolution
No. 2563 approving Environmental Assessment No. 638 and Subdivision
No. 04 -1;
E. The Commission considered the information provided by City staff, public
testimony, and TPG -El Segundo Partners, LLC representatives.
Thereafter, the Commission adopted Resolution No. 2563 approving the
stay of the Map. Resolution No. 2563, and its findings, was adopted
based upon the evidence presented to the Commission at its March 11,
2004 hearing including, without limitation, the staff reports submitted by
the Department of Community, Economic and Development Services;
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F. On March 22, 2004, the City received a written appeal of the March 11,
2004 Planning Commission decision submitted on behalf of Kilroy Realty
Corporation and Citizens Against Gridlock in El Segundo ( "CAGES ");
G. On April 6, 2004, the City Council held a public hearing to receive public
testimony and other evidence regarding the appeal and TPG -El Segundo
Partners, LLC's application including, without limitation information
provided to the Planning Commission by TPG -EI Segundo Partners, LLC;
and
H. The City Council considered the information provided by City Staff, public
testimony, and TPG -El Segundo Partners, LLC representatives. This
Resolution and its findings, are made based upon the evidence and
testimony presented to the Council at its April 6, 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. There have been no changes to the project scope and insignificant minor
changes in the project setting;
C. The applicant proposes to extend the time period within which it may
develop a previously approved project as set forth in Ordinance No. 1345
and Resolution No. 4241 adopted by the City Council on January 2, 2002.
The application was made in conformance with the ESMC;
D. A special election was held on June 18, 2002 following a referendum
campaign against Ordinance No. 1345 and Resolution No. 4241. The
majority of voters approved Ordinance No. 1345 and Resolution No. 4241;
E. The City Council certified the results of the June 18, 2002 election at its
regular meeting held on July 2, 2002;
F. Elections Code §§ 9217 and 9243 establish the effective date of
Ordinance No. 1345 and Resolution No. 4241 as July 12, 2002;
G. CAGES and the Kilroy Realty Corporation filed a lawsuit involving the
approval of the Vesting Tentative Map and other entitlements on January
31, 2002 (see Citizens Against Gridlock in El Segundo et al. v. City of El
Segundo, et al., LASC Case No. BC267404);
H. This case is currently pending in the California Court of Appeals;
FA
The City Council adopted Resolution No. 4368 on March 16, 2004
granting a one -year extension of Vesting Tentative Map No. 53570
(Environmental Assessment No. 632 and Subdivision No. 03 -8);
J. Unless stayed, Vesting Tentative Map No. 53570 will expire on July 12,
2005.
SECTION 3: Environmental Assessment. The Council finds that Environmental
Assessment No. 638, Subdivision No. 04 -1 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. This application for a stay
does not affect any of the findings in the FOR as the stay would not result in any new
significant impacts or significant increase to existing impacts with respect to the
environmental impacts analyzed under the original project.
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: Approvals. Subject to the conditions listed on the attached Exhibit "A,"
which are incorporated into this Resolution by reference, and in accordance with ESMC
§ 14 -1 -12, the City Council upholds the Planning Commission's approval of
Environmental Assessment No. 638 and Subdivision No. 04 -1. 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. The findings set
forth in Ordinance No. 1345 and Resolution No. 4241, as applicable to this Resolution,
are incorporated by reference as if fully set forth. The applicant has diligently defended
the legal action filed by third parties against the project and appears to intend to
continue forward in earnest with respect to the project.
SECTION 6: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 7: 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 8: This Resolution is the City Council's final decision and will become
effective immediately upon adoption.
PASSED AND ADOPTED this 6th day 0 April 2004.
Mike Gordon, Mayor
ki
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the foregoing
Resolution No. 4370 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 6th day of April 2004, and the same was so
passed and adopted by the following roll call vote:
AYES: Gordon, Jacobs, Gaines, McDowell
NOES: None
ABSENT: None
ABSTAIN: None
NOT PARTICIPATING: wernick
ATTEST:
Cindy M esen, City Clerk
Id
APPROVED
Mark D. Hen
By:
Attorney
CITY COUNCIL RESOLUTION NO. 4370
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. 638
and Subdivision No. 04 -1 ( "Project Conditions'):
Miscellaneous Conditions
1. The stay of Vesting Tentative Tract Map No. 53570 is for the time period
measured from the effective date of the Map through the time a final judgment is
entered in the case captioned Citizens Against Gridlock in El Segundo et al. v.
City of El Segundo, et al., LASC Case No. BC267404, or as captioned upon
appeal, or the case is dismissed by the petitioner, or five years, whichever,
occurs first.
2. Upon termination of the stay, Vesting Tentative Tract Map No. 53570 will remain
effective until it expires in accordance with the time remaining from its original
extension.
3. The developer must develop the property in accordance with the applicable
provisions of previously approved City Council Resolution No. 4241, Ordinance
No. 1345, and Resolution No. 4368.
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. 638 and Subdivision No. 04 -1. 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. 638 and Subdivision No. 04 -1, TPG -
EI 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 -EI Segundo Partners, LLC certifies that it has read,
understood, a rees to the Project Conditions listed in this document.
r
T -El Segundo Partners, LLC TPCrE1 Segundo Partners, rr,C
p Applicant
James At Thomas, Chairman & CEO This S. Ricci, Sr. V. P.
{If Corporation or similar entity, need two officer signatures or evidence that one
signature binds the company)
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