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ORDINANCE 1106ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE PROPERTY AT 1951 -1961 EAST EL SEGUNDO BOULEVARD, EL SEGUNDO. WHEREAS, an application and proposed Development Agreement have been received for Xerox Center Phase IV office building and hotel at 1951 -1961 East E1 Segundo Boulevard in the Special Commercial (C -3) zone, a legal description of which is on file in the Planning Department; and WHEREAS, the proposed Development Agreement would vest the right to build a 255,242 sq. ft. office building up to 16 stories and a 275 -room all- suites or 350 -room full service hotel up to 20 stories, with associated parking, as approved by the Planning Commission on October 22, 1987, by Resolution No. 2192, for a specified period of time; and WHEREAS, Resolution No. 3268 of the City of E1 Segundo sets forth procedures and requirements for the consideration of development agreements; and WHEREAS, the Environmental Quality Board of the City of E1 Segundo on January 20, 1988 reviewed the proposed Development Agreement and Environmental Assessment EA -102, and recommended the Planning Commission find that the previously certified Environmental Impact Report as addressed in Planning Commission Resolution 2192 adequately addresses the environmental impacts of the proposed Development Agreement; and WHEREAS, the Planning Commission has previously approved the hotel and office project of which the Development Agreement proposes to vest as stated in Planning Commission Resolution No. 2192, adopted October 22, 1987; and WHEREAS, the Planning Commission upheld the findings of the Environmental Quality Board regarding Environmental Clearance, and recommended approval of the Development Agreement by adopting Resolution No. 2200 on January 28, 1988; and WHEREAS, the City Council held a duly advertised public hearing on the proposed application in the Council Chamber of the City Hall, 350 Main Street, on February 16, 1988; and WHEREAS, opportunity was given to all persons present to speak for or against the proposed application; and WHEREAS, at said hearing the following facts and findings were established: Facts: 1. Condition No. 21 of Planning Commission Resolution No. 2192 required the applicant to apply for a Development Agreement pursuant to Government Code Section 65864 et. seq., to incorporate the conditions of approval and mitigation measures for the project. This condition was adopted in order to provide certainty for both the City and the Developer relating to project approval to insure that the fiscal and land use benefits of the proposed hotel occur. 2. In approving the project, the Planning Commission adopted a Statement of Overriding Considerations regarding traffic impacts, based in part on the positive fiscal benefits of the project. 3. The proposed Development Agreement does not grant density or intensity in excess of that established in the Project Approval or supersede, nullify or amend any condition imposed in the Project Approval. -1- JOA:0- 21688.PL Findings: 1. The proposed Development Agreement implements the mitigation measures and conditions of approval of Planning Commission Resolution 2192 and provides a mechanism to guarantee that the benefits anticipated in adopting a Statement of Overriding Considerations will occur. 2. The previously certified EIR adequately addresses the environmental impacts of the proposed Development Agreement. 3. The time period for duration of the Development Agreement should reflect the City's anticipated horizon for revenue generation and positive fiscal benefits accruing the City as a result of the project in addition to recognizing the market and economic trends affecting the applicants. 4. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan. 5. The approved project and proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located as described in Planning Commission Resolution 2192. 6. The proposed Development Agreement is in conformity with public convenience, general welfare and good land use practice and will not be detrimental to the health, safety and general welfare. 7. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby adopts the previous findings and approves the Development Agreement for the property at 1951 -1961 East E1 Segundo Boulevard, for Xerox Center Phase IV office building and hotel, as submitted. SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 1st y of March, 1988. Mayor Pro T-em ayor`-6f the City of E1 Segundo, California (SEAL) -2- JOA:0- 21688.PL STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1106 is a full, true correct original of Ordinance No. 1106 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE PROPERTY AT 1951 -1961 EAST EL SEGUNDO BOULEVARD, EL SEGUNDO. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 1st day of March, 1988, and the same was so passed and adopted by the following vote: AYES: Councilmembers: Anderson, Schuldt, and West, NOES: Councilmembers: Jacobson ABSENT: Councilmembers: Mayor Siadek I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1106 was duly and regulary published according to law and the order of the City Council of said City of E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: February 18, 1988. -----JCity Clerk of the (SEAL) City of E1 Segundo, California PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resi- dent of the County aforesaid; I am over the age of eighteen years, and not a party to or in- !sted in the above - entitled matter. i am the A,tncipal clerk of the printer of the El Segundo Herald a newspaper of general circulation, printed and published weekly in the City of El Segundo County of Los Angeles, and which newspaper has beer adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of 5/18, 1934, Case Number 372819; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: ............................. all in the year 19.:� -rtify (or declare) under penalty of perjury Teat the foregoing is true and correct. Dated at.... .........:............ C' k...P.:'r 1. California, this....'. Y ...day of.:•....., lq.,4 . ................. -.1 .... .................. Signature This spate is for the County Clerk's Filing Stamp Proof of Publication of El Sep i ...................... rC10 .......................... El SE'i ?.1nc!o. CA 901.: j ............... :.... ..... .... ?:...................... PRDPOSED DRDINANCE A PROPOSED ORDINANCE OF THE CITY OF EL SEGUN- DO, CALIFORNIA, APPROV- ING A DEVELOPMENT AGREEMENT FOR THE.PRO- PERTY AT 1951 -1111111 EAST EL SEGUNDO BOULEVARD, EL SEGUNDO. (Caroled spy *age - - in City Clerk's Of11a) (SYNOPSIS) - Proposed Ordinance grants environmental clearance and approval of a Development Agreement for a term of is years, for Xerox Phase IV office and hotel to be located at 1951 -1961 East EI Segundo Blvd. in the C -3 (special com- mercial) zone. IMe Development Agmement vests- the right to construct a 255,242 -sq. 4. -i office building up to 16 stories, n and a 275 -r6om all suites or a r- 350- room fill- service hotel up c, to 20 stories, with subciated r packing, as previously approved c by the Planning Commission on C October 22, 1987 by Resolu- tion 2192. Dated: February 16,1988 Signed: . RONALD L. HART City Clerk Herald: Feb. 18, 1988. H -923