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CC RESOLUTION 4463RESOLUTION NO. 446 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL ADOPTING A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL ASSESSMENT NO. 697 (EA -697). The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On January 23, 2006, City staff initiated an application for Environmental Assessment No EA -697 and Zone Text Amendment ZTA No 06 -1 affecting multiple sections of the El Segundo Municipal Code ( "ESMC "), B The application was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the 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 An Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA). The Initial Study demonstrated that there is no substantial evidence that the project would have a significant effect on the environment Accordingly, a negative declaration was prepared. The notice of intent to adopt the negative declaration was provided in accordance with the Public Resources Code and the CEQA Guidelines The negative declaration has been circulated for public review and comment between March 23, 2006 and April 12, 2006, E The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 9, 2006, F On March 9, 2006, the Planning Commission continued the public hearing to March 23, 2006, G The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 23, 2006, -1- H On March 23, 2006, the Planning Commission continued the public hearing until April 13, 2006, On April 13, 2006, 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 City Staff and public testimony, J The Planning Commission considered the information provided by City staff and public testimony and adopted Resolution No 2597 recommending City Council approval of Environmental Assessment (EA- 697) and Zone Text Amendment (ZTA 06 -1), K On May 2, 2006, the City Council held a public hearing and considered the information provided by City staff and public testimony, and L This Resolution, and its findings, are made based upon the evidence presented to the Council at is May 2, 2006 hearing including without limitation, the staff report submitted by the Planning and Budding Safety Department SECTION 2 General Plan Findings As required under Government Code § 65454 the ESMC amendments proposed by the Ordinance are consistent with the City's General Plan as follows' A "Cafe" is proposed as a primary permitted use and an accessory use in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C -4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone, and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone "Cafe" is consistent with the intent of the General Plan land use designations to serve the commercial and retail needs of the neighborhood, the community at large, as well as surrounding areas, B The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with the General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU4 and Objective LU4 -1 in that the development of the new use will foster a stable tax base for the City and promote the development of high quality retail -2- facilities in proximity to major employment centers, C The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Economic Development Element Goals, Objectives and Policies Specifically, the amendment is consistent with Goal ED1, Policy ED1 -2 1, Policy ED1 -2 2 and Policy ED3 -1 5 in that the proposed amendments will help to foster a strong healthy economic community in El Segundo through defining a new commercial use that is permitted, the use will serve the diverse needs of the City's business and residential communities by expanding El Segundo's retail and commercial base; encourage land uses that improve the City's tax base, while balancing economic development and quality of life goals by defining a new use and requiring a parking requirement that supports the intensity of the proposed use, and D The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements. Tha amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Circulation Element Objective C3 -2, Policy C3 -2 1 and Policy C3 -2 2 in that the amendment a new use and a parking requirement that supports the intensity of the proposed use ensuring that sufficient on -site parking is provided SECTION 3 Zone Text Amendment Findings Based on the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project and to establish development standards and use districts for "Cafe." A The amendments to the ESMC defining "Cafe' as a permitted use and an accessory use allowed in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone, deleting "Coffee shop" from the ESMC, requiring a Conditional Use Permit for Cafes with outdoor dining if the outdoor dining area comprises more than 20% of the total dining area of the Cate, excepting the Commercial Center (C -4) Zone, and adding a parking requirement for "Cafe" in the draft ordinance attached as Exhibit "B," and incorporated by reference ( "Draft Ordinance "), are consistent with the City's procedures and standards, -3- B "Cafes" as an allowed primary use and an accessory use is consistent with the purpose of the Downtown Commercial (C -RS) Zone to restrict the principal permitted uses to commercial retail- service uses and certain complimentary uses in order to promote and protect the commercial retail service character of the downtown area, C "Cafe" as an allowed primary use and accessory use is consistent with the purpose of the Neighborhood Commercial (C -2) Zone to serve the neighborhood commercial needs of adjacent residential areas, D "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the General Commercial (C -3) Zone to include a broad spectrum of retail and service commercial uses that serve a broad cross section of the City and surrounding area, E "Cafe" as a an allowed primary use and an accessory use is consistent with the purpose of the Corporate Office (CO) Zone to allow food serving uses and limited retail as uses complimentary to office, F "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Urban Mixed -Use North (MU -N) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single budding and to encourage street level uses which promote pedestrian activity for area workers and visitors, G "Cafes" as an allowed primary use and accessory use is consistent with the purpose of the Urban Mixed -Use South (MU -S) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single budding and to encourage street level uses which promote pedestrian activity for area workers and visitors, H "Cafes" as an allowed primary use and an accessory use is consistent with the purpose of the Commercial Center (C-4) Zone to allow commercial establishments serving the city and surrounding areas, "Cafe" as allowed primary use and an accessory use is consistent with the purpose of the Light Industrial (M -1) Zone to allow auxiliary uses performing support services for existing permitted and permitted establishments, J "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Small Business (SB) Zone to provide small business a place to establish and prosper, 0 K "Cafe" as an allowed primary use and an accessory use is consistent with the intent of the Medium Manufacturing (MM) Zone to allow the development of medium -sized light industrial and manufacturing activities and to provide a transitional land use area between the high intensity aircraft/aerospace office uses east of Sepulveda Boulevard and the small single parcel industrial businesses of the westerly portion of the Smoky Hollow area, L "Cafe" as an allowed primary use and an accessory use is consistent with the intent of the Grand Avenue Commercial (GAC) Zone to allow limited commercial development along Grand Avenue, and M "Cafe" as a conditionally permitted use is consistent with the intent of the Heavy Industrial (M -2) Zone to allow heavy manufacturing, assembling, or processing activities having unusual or potentially deleterious operational characteristics SECTION 4 Environmental Assessment. The proposed project was analyzed for its environmental impacts and a Draft Initial Study was prepared for its environmental impacts and a Draft Initial Study was prepared pursuant to CEQA Guidelines §15063 The Initial Study demonstrated that the project will not have a significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines § 15070 Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project. SECTION 5 Environmental Approval The City Council adopts Negative Declaration of Environmental Impacts for Environmental Assessment No EA -697 SECTION 6 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework -5- SECTION 8 Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact SECTION 9 The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy. SECTION 10: This Resolution will remain effective until superseded by a subsequent resolution SECTION 11 This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED AND ADOPTED this zn M 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 4463 was adopted by said City Council at a regular meeting held on the day of , 2006, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the znd day of y 2006, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Fisher, Jacobson NOES None ABSENT None ABSTAIN None 4- dmmtnl Cindy Mo ert sen, City Clerk AP Ma W -7-