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CC RESOLUTION 4641RESOLUTION NO. 4641 A RESOLUTION APPROVING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 852, GENERAL PLAN AMENDMENT NO. 09 -01 AND ZONE CHANGE NO. 09 -01 FOR THE SATCO, INC. PROPERTY (1916 EAST IMPERIAL HIGHWAY (ASSESSOR PARCEL NUMBER 4138 - 005 -042) AND ASSESSOR PARCEL NUMBER 4138 - 005 -057). The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On October 22, 2009, the City of El Segundo filed an application for an Environmental Assessment (EA -852), General Plan Amendment (GPA No. 09 -01) and Zone Change (ZC No. 09 -01) to re- designate and rezone an approximately 1.26 -acre property at the southwest corner of Selby Street and Imperial Highway; B. The applications from the City of El Segundo were reviewed by the City of El Segundo Planning and Building Safety Department 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. An Initial Study was prepared pursuant to the requirements of CEQA. A Negative Declaration was prepared and circulated for public review and comment from December 3, 2009 to January 4, 2010; E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 14, 2010; F. On January 14, 2010, the Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City staff and public testimony; G. Following the public hearing, the Planning Commission adopted Resolution No. 2667 recommending City Council approval of -1- Environmental Assessment No. 852, General Plan Amendment No. 09 -01, and Zone Change No. 09 -01; H. On February 2, 2010 the City Council held a public hearing and considered the information provided by City staff and public testimony; On February 2, 2010 the City Council introduced Ordinance No. 1440 approving Zone Change No. 09 -01; and This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the Council at its February 2, 2010 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist: A. The 1.26 acre (55,003 square feet) subject property is located in the northeast portion of the City of El Segundo. The site is comprised of two parcels. The first parcel is 1916 East Imperial Highway and the second unaddressed parcel is a former railway right -of -way that is assigned Assessor Parcel Number 4138 - 005 -057. The subject property has lot frontages on East Imperial Highway to the north and Selby Street to the east. B. There is one 27,918 square -foot building located on the parcel addressed 1916 East Imperial Highway. This building was constructed in 1958. The site is the current location of an air cargo container repair facility. C. The parcel directly abutting the project site to the west and south is owned by the Boeing Company and contains existing and under construction office space, and is located in the Corporate Office (CO) Zone. Across Selby Street to the east are buildings occupied by Boeing Company in the Light Industrial (M -1) Zone that contain a mix of office, research and development, and industrial uses. Los Angeles International Airport is located to the north of the Project Site. D. The proposed General Plan re- designation and rezoning of the Project Site would change the General Plan land use designation from General Commercial to the Corporate Office designation and rezone the area from the General Commercial (C -3) Zone to the Corporate Office (CO) Zone. E. The legal non - conforming use of the Project Site as an air cargo container repair facility will not change as a result of this general plan amendment and zone change request. The current use is considered legal non- -2- conforming within the General Commercial (C -3) Zone and will remain legal non - conforming in the Corporate Office (CO) Zone. F. The General Plan re- designation and re- zoning will not involve any changes to the existing on -site parking and loading spaces, landscaping, drive aisles, or vehicular access. Vehicular access will continue to be provided from existing curb cuts located on Imperial Highway and Selby Street. The existing 35 parking spaces and loading configuration will remain. G. The re- zoning and General Plan re- designation would decrease the allowed floor area ratio (FAR) of the Project Site. The FAR will be reduced from 1.0 to 0.8. The 20% reduction in allowable floor area results in a reduction of 11,001 square feet of potential development at the Project Site. The total development that would be permitted with the proposed General Plan re- designation and re- zoning is 44,002 square feet (0.8 FAR). The existing FAR of the Project Site is 0.51. Therefore, the existing 27,918 square -foot industrial building would not exceed the maximum 0.8 FAR allowed in the proposed General Plan re- designation and re- zoning. SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: A. Because of the facts identified in Section 2 of this Resolution, the proposed project was analyzed for its environmental impacts and a Initial Study was prepared pursuant to CEQA Guidelines §15063. The Initial Study demonstrated that the project would not have a significant effect on the environment. A Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines §15070. A Notice of Intent to Adopt a Negative Declaration was prepared pursuant to CEQA Guidelines §§ 15072 and 15073, and was available for public comment from December 3, 2009 to January 4, 2010. B. The prepared negative declaration for the Project concludes that all identified environmental impacts that would result from the project would be at a less than significant level. C. In accordance with § 15074 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Planning and Building Safety Department, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety. E. That when considering the whole record for the draft Initial Study and Negative Declaration, there is no evidence that the project will have the -3- potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project involves no new construction or site alteration. The California Department of Fish and Game approved a "CEQA Filing Fee No Effect Determination" on January 6, 2010. F. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project. SECTION 4: General Plan. The proposed project conforms with the City's General Plan as follows: A. The General Plan contains relevant Goals and Policies in the Economic Development Element. Economic Development Goal ED1 is "to create in El Segundo a strong, healthy economic community in which all diverse stakeholders may benefit." The General Plan land use re- designation will contribute towards this goal by creating a larger contiguous land area with a consistent land use designation. Having a larger area that could potentially be redeveloped as part of a project could aid in future re- utilization and redevelopment of the site in conjunction with adjacent identically zoned parcels. Creating this re- development potential for the greater area contributes towards a strong and healthy economic community. B. Economic Development Policy ED1 -2.2, states the City seeks to "maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals." Re- designating this property Corporate Office is consistent with this policy as the action could potentially facilitate future office development at the site that could improve the City's tax base. This action is also consistent with the policy of balancing economic development with quality of life goals as the Project Site is located in a commercial part of the City and thus will have little potential to negatively impact residential uses. C. Implementation of the proposed project will meet relevant objectives of the Land Use Element. Implementation of the project will help achieve Land Use Element Objective LU1 -2, which is to "prevent deterioration and blight throughout the City." A consistent land use designation which is uniform with adjacent parcels could aid in the redevelopment of the site in conjunction with neighboring parcels if the current legal non - conforming light industrial use were to cease operations. Thus designating this property with the same land use as directly abutting properties could avoid future deterioration and blight of this area. -4- D. Land Use Element Objective LU1 -3 allows "for the continued operation and orderly conversion of existing uses as they change to conform with the new land use designations." This Project allows for the continued operation of the air cargo container repair facility located at the site. The proposed land use designation will contribute to the orderly conversion of the existing use to a use compatible with surrounding parcels as the proposed designation will be consistent with both the land use designation of adjacent parcels and the current uses located on neighboring parcels. The general plan land use re- designation will help facilitate an orderly conversion to a new use if the existing use ceases to operate. E. Land Use Element Objective LU4 -3 provides "for new office and research and development uses." The proposed land use designation will facilitate future redevelopment of the Project site for both office and research and redevelopment uses. SECTION 5: Approvals. The City Council makes the following approvals: A. The City Council adopts the Findings of Fact as set forth in Exhibit "A" which are incorporated into this Resolution by reference. B. The City Council amends the proposed Land Use Plan ( "Northeast Quadrant" subsection) of the Land Use Element of the General Plan to reflect the change of the Project Site, which fronts East Imperial Highway to the north and Selby Street to the east, from General Commercial to Corporate Office. The corresponding changes to the Land Use Element as set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. C. The City Council amends the 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element to reflect the change of the Project Site, which fronts Imperial Highway to the north and Selby Street to the east, from General Commercial to Corporate Office. The corresponding changes to the Land Use Element as set forth in attached Exhibit "C," which is incorporated into this Resolution by reference. D. The City Council amends the General Plan Land Use Map to reflect the change of the Project Site, which fronts Imperial Highway to the north and Selby Street to the east, from General Commercial to Corporate Office. The corresponding changes to the Land Use Map as set forth in attached Exhibit "D," which is incorporated into this Resolution by reference. E. As set forth in Ordinance No. 1440, the City Council amends the current Zoning Map to reflect a change of the Project Site, which fronts Imperial Avenue to the north and Selby Street to the east, from General -5- Commercial to Corporate Office. The corresponding changes to the Zoning Map are set forth in Exhibit "A" to Ordinance No. 1440. SECTION 6: Reliance on Record. Each and every one of the findings and determinations 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. 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: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 10: A copy of this Resolution must be mailed to Satco Inc., and to any other person requesting a copy. !� SECTION 11: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND AD9PT D this 2nd day of FEBRUARY Y 2A4,0. 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. 4641 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 2nd day of February 2010, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAI 17 y Mort APPROVED Mark D. Hen ,z i McDowell, Busch, Brann, Fisher, Jacobson None None None *iClerk O,F` RM: y, C' rn I / H. Berger, Assistant City Attorney -7- CITY COUNCIL RESOLUTION NO. 4641 Exhibit A After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment (EA No. 852), General Plan Amendment No. 09 -01, and Zone Change No. 09 -01, including, without limitation, the factual information and conclusions set forth in this Resolution and its attachment, the City Council finds, determines, and declares for the Satco Property Zone Change and General Plan Land Use Map Designation Amendment project as follows: FINDINGS REQUIRED BY CEQA. Public Resources Code § 21080 and CEQA Guidelines § 15074 require the City, before approving a project, to determine that the project would not have a significant effect on the environment and that the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances: 1. There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment. 2. An initial study identifies potentially significant effects on the environment, but (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment. Further, the decision - making body can adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT. A. Impacts Found to be Not Potentially Significant by the Initial Study. The Initial Study identified the following environmental effects as not potentially significant. Accordingly, the City Council finds that the Initial Study, the Negative Declaration and the record of proceedings for the Satco Property Zone Change and General Plan Land Use Map Designation Amendment project do not identify or contain substantial evidence identifying significant environmental effects of the Satco Property Zone Change and General Plan Land Use Map Designation Amendment project with respect to the areas listed below. 1. Aesthetics. 2. Agricultural Resources. 3. Air Quality. 4. Biological Resources. 5. Cultural Resources. 6. Hazards and Hazardous Materials. 7. Hydrology and Water Quality. 8. Mineral Resources. 9. Population and Housing. 10. Public Services. 11. Recreation. 12. Utilities and Service Systems. B. Impacts Identified as Less Than Significant in the Initial Study. The Initial Study identified the following environmental effects as less than significant. Accordingly, the City Council finds that the Initial Study, the Negative Declaration, and the record of proceedings for the Satco Property Zone Change and General Plan Land Use Map Designation Amendment project do not identify or contain substantial evidence identifying significant environmental effects of the Satco Property Zone Change and General Plan Land Use Map Designation Amendment project with respect to the areas listed below. 1. Geology and Soils. 2. Land Use and Planning. 3. Noise. 4. Transportation and Traffic. C. Insignificant Cumulative Impacts. The City Council finds that the Negative Declaration and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the Satco Property Zone Change and General Plan Land Use Map Designation Amendment Project with respect to the areas listed below: 1. Aesthetics. 2. Agricultural Resources. 3. Air Quality. 2 4. Biological Resources. 5. Cultural Resources. 6. Geology and Soils. 7. Hazards and Hazardous Materials. 8. Hydrology and Water Quality. 9. Land Use and Planning. 10. Mineral Resources. 11. Noise. 12. Population and Housing. 13. Public Services. 14. Recreation. 15. Transportation/Traffic. 16. Utilities and Service Systems. VI. SUBSTANTIAL EVIDENCE. The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the Negative Declaration, which are incorporated herein by this reference, and in the record of proceedings in the matter. To the extent applicable, each of the other findings made by the City Council in connection with its approval of the entitlement applications listed in Section I above are also incorporated herein by this reference. 3 City Council Resolution 4641 Exhibit B El Segundo General Plan Land Use Element Excerpt - Page 3 -11 Proposed Land Use Plan Northeast Quadrant On the 1992 Land Use Plan, the majority of the northeast quadrant is designated either Corporate Office (218.4 217.-1 ac) or Urban Mixed -Use (232.5 ac). The Corporate Campus Specific Plan (46.5 ac) also allows a mixture of office and commercial uses. Corporate Office allows a mixture of office uses with retail in the lobby. This designation covers the "Superblock Area" and will allow uses similar to those currently in that area. (Ord. 1345, GPA 01-2,1/2/02) City Council Resolution 4641 Exhibit C 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Square Footage Units Single - Family Residential 357.2 2,858 - Two- Family Residential 57.4 934 - Planned Residential 5.7 65 - Multi- Family Residential 119.7 3,389 - Neighborhood Commercial 6.6 851 89,110 Downtown Commercial 8.8 181 383,328 General Commercial 37.1 3" - 1,618,508 ' 1,673,3-94 Corporate Office 218.4 217 - 12,600,193 12,556, Commercial Center 85.8 - 850,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 232.5 - 13,166,010 Urban Mixed -Use South 70.6 - 3,997,936 124th Street Specific Plan 3.9 1 73,530 Aviation Specific Plan 5.4 - 66,000 Downtown Specific Plan 26.3 2321 1,145,628 Corporate Campus Specific Plan 46.5 - 2,550,000 Parking 11.8 - - Light Industrial 356.1 - 18,529,000 Heavy Industrial 1001 - 2 Public Facilities 87.9 - - Federal Government 90.6 - - Open Space 78.3 - - Parks 50 - - Street and Railroad R.O. W 442.6 - - Totals 3,494.3 7,850 57,088,697 ��,� Population Projection 17,287 1 Existing construction and recently constructed, renovated commercial centers and legal non - conforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan. 2 The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison Generation Station. These facilities have processing equipment and tanks rather than buildings and are expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown. E WALNUT AVE H QU 2 Q 0 z City of El Segundo EXHIBIT D IMPERIAL HWY F- O m J W m (q Q O W J a CORPORATE OFFICE w y 2 Proposed change to Corporate Office �+ E MAPLE AVE o 100 200 Sao 400 Feet 1916 E. Imperial Highway Proposed General Plan Amendment Land Use Map Get Y Of, � Secu�Q