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CC RESOLUTION 4500RESOLUTION NO. 4500 A RESOLUTION OF THE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL ASSESSMENT NO. 661 (EA -661) AND ZONE TEXT AMENDMENT NO. 06 -03 AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD "MUSEUMS" AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that: A On February 27, 2006, Earl Rubenstein, filed an application for Environmental Assessment No 661 (EA -661) and Zone Text Amendment No 06 -03 to amend the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" and to amend ESMC §15 -5D -5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 (collectively, the "Project "), B The application was 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 CEQA for the Project The Initial Study found no substantial evidence suggesting that the Project would have a reasonably foreseeable 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 was circulated for public review and comment between November 24, 2006 and December 13, 2006; E The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for December 14, 2006, -t- F On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth by City staff and public testimony, G The Planning Commission considered the information provided by City staff and public testimony and adopted Resolution No 2613 recommending City Council approval of Environmental Assessment No EA -661 and Zone Text Amendment No ZTA- 06 -03, H On January 16, 2007 the City Council held a public hearing and considered the information provided by City staff, public testimony and Earl Rubenstein, and I. This Resolution and its findings are made based upon the testimony and evidence presented to the Council at its January 16, 2007 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Environmental Assessment Zone Text Amendment No ZTA 06 -03, which is attached as Exhibit "A" and incorporated by reference ( "Ordinance ") was analyzed for its environmental impacts An Initial Study was prepared pursuant to Public Resources Code §15063 The Initial Study showed that the project will not have a reasonably foreseeable significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for the Protect pursuant to CEQA Guidelines § 15070 Based upon the findings of the Initial Study and conclusions of the Negative Declaration, no further environmental analysis is required The City Council certifies the Negative Declaration of Environmental Impacts designated as Environmental Assessment No EA -661 SECTION 3 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. "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone A museum use, as defined in the Ordinance, is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard. B The Project is consistent with Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the use is consistent with the intent of Land Use Element Objective LU4-4, Policy LU-4 -1 1 and Policy LU5 -3 1 in that it will provide areas where development has the flexibility to mix uses, in -2- an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments; and it will require landscaping, its maintenance, and permanent upkeep on all new commercial developments and it will promote the revitalization and upgrading of areas which contain aesthetic or functional deficiencies in such areas as landscaping, off - street parking and loading areas C The Protect conforms with Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking in all new museum development by establishing parking requirements as determined by a parking study D The Project is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating a strong, healthy economic community in which all diverse stakeholders may benefit, it will assist in expanding El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and it will help maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E The Project is consistent with the intent of Economic Development Element Goal ED2 in that it helps create a supportive and economically profitable environment as the foundation of a strong local business community SECTION 4 Zone Text Amendment Findings Based on the findings set forth above, the proposed Ordinance is necessary to implement the Project and allow museums as a conditionally permitted use in the Corporate Office (CO) Zone A Museum uses, as defined in the Ordinance, that are conditionally permitted in the Corporate Office (CO) Zone are consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone B Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio SECTION 5 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 -3- Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 6' Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluation 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 SECTION 7 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 8 This Resolution will remain effective until superseded by a subsequent resolution SECTION 9 This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED, APPROVED AND A9OPTED this 16th day of January, 2007. Kelly McDowell, Iii 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 4500 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 16th day of January, 2007, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Fisher, Jacobson NOES None ABSENT None ABSTAIN None C�✓bifV4n^- �+" Cindy Mo en, City Clerk a -5-