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ORDINANCE 1287ORDINANCE NO. 1287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -1 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF RECITALS WHEREAS, the project applicant, MS Vickers II, LLC ( "Owner "), owns certain real property, 23.03 acres in size, generally located along the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard (the "Property"), in the City of El Segundo ( "City ") . The Property is bounded on the north by Mariposa Avenue, on the east by Nash Street and on the south by El Segundo Boulevard. The Property is bisected by Grand Avenue, which provides east -west access between Continental Boulevard and Nash Street; and WHEREAS, the Owner proposes to develop a mixed -use project on the Property known as the Grand Avenue Corporate Center ( "Project "). The Project entails two alternative conceptual designs, Plan 'A' and Plan 'B.' In general, the primary differences are that Plan 'A' has about 1.15 million square feet of development as compared to about 730,000 square feet in Plan 'B.' Plan 'A' contemplates about 1.06 million square feet of office - related uses and a 200 -room hotel. Plan 'B' has less office space (about 461,000 square feet), but a second hotel (of 150 rooms) and a sports training /recreation facility (of 120,000 square feet); and WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone "). The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses; and WHEREAS, in connection with development of the Project, the Owner submitted applications for approval of Environmental Assessment No. EA -430; Vesting Tentative Tract Map No. 52427 (Subdivision 98 -1); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No. 98 -1; and Development Agreement No. DA 98 -1 (hereinafter referred to as the "Development Agreement ")(collectively, the "Project Approvals "); and 1 cc.ord WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal. Public Resources Code Section 21000 et se . The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the Project Approvals, including The Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and notice of that hearings was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearing the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement; and WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public, hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and 2 mora WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT ORDAINED that after considering the above referenced facts; the Project Approvals and the information contained therein; the Initial Study and the MND; and the testimony and other evidence offered at the public hearings, the City Council approves Development Agreement No. 98 -1 and makes the following findings in support thereof: 1. General Findings (a) Reliance on Record. Each and all of the findings and determinations contained herein 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 Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. (b) Nature of Findings. Any finding made by the Council shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect. The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings. (c) Limitations. The 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 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. 3 mora (d) Summaries of Information. All summaries of information in the findings to follow are based on the 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. (e) Adoption of Mitigation Measures. These findings are based on the various mitigation measures to be required in the implementation of the Project as recommended by the MND or identified by the MND as already having been incorporated into the Project. The Council is hereby adopting and incorporating into the implementation of the Project those mitigation measures recommended in the MND. The Council finds that all the mitigation measures now incorporated into the Project are desirable and feasible. Certain mitigation measures, such as those involving traffic, air quality and storm water discharge, are within the responsibility and jurisdiction of other public agencies such as Caltrans and the Los Angeles County Sanitation District, and therefore will require additional approvals from those agencies. 2. General Plan Consistency (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1.1, 1.2, 2.1 and 2.2, in at least the following ways: (1) The Project will improve the City's tax base by bringing commercial development to a vacant parcel of property. (2) The Project will diversify and expand the City's economic base by developing a mix of new commercial, retail, research and development, and recreational activities on the Property. (3) The Project will contribute to the investment in the City's infrastructure by contributing to traffic improvement projects in the vicinity of the Property and facilitating the reclamation of water by installation of a connection to El Segundo Boulevard water line. (b) Land Use Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1.1, 1.2, 1.4, 3.1, 3.2, 3.5, 3.6, 4.3, 4.4, 4.6, 4.7, 4.8 and 7 -2.3, in at least the following ways: 4 cc.ora (1) The Property is zoned Urban Mixed Use - -North. That zoning designation provides for a mixture of compatible commercial, office, research and development, retail and hotel uses. The Project entails many of these identified uses, such as office, retail, hotel, and research and development. (2) The Project will provide mixed uses, including commercial uses, in close proximity to the MTA Green Line. (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile. (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated irrigation systems. (5) The Project shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations. (6) The Project provides pedestrian links in the appropriate areas. (7) The Project's utilities shall be placed underground. (8) The Project shall not impact the quality or adequacy of the City's various public services, such as police, fire and library services. (9) The Project shall promote a stable tax base for the City through commercial uses. (c) Circulation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies C1 -1.8, 1.13, 3.2; 2 -1.1, 1.4, 1.7, 2.2, 3.3 and 5.1, in at least the following ways: (1) The Project will mitigate project - related transportation impacts to below the level of significance. (2) The Project will provide the necessary amount of parking by on -site means (surface and garage parking). 5 mora (3) The Project will comply with any applicable regulations regarding preferential parking areas and/or promotion of ride share. (4) The Project will provide pedestrian and bicycle access to the site. (5) The Project will promote and enhance the use of the MTA Green Line, which is adjacent to two corners of the Property. (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as ridesharing, carpooling and preferential parking. (7) The Project will provide access to emergency vehicles. (d) Open Space and Recreation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS1 -2.3, 2.5, 2.8 and 5.2, in at least the following ways: (1) The Project will provide various on -site recreational facilities, such as two basketball courts, a croquet and putting green area and jogging /walking trails (Conceptual Plan A) and a sports training /recreational facility open to public and private uses (Conceptual Plan B). (2) The Project will provide open space areas, landscaping and street trees. (e) Conservation Element - -The Project and the Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways: (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water. (2) Reclaimed water shall be provided for landscaping uses by installation of a connection to the El Segundo Boulevard water line. Through the use of appropriate landscaping and setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood. (3) No existing landscaped area will be lost since there is no such areas presently at the Property. 6 mord (4) The Property does not contain any rare or endangered plant or animal species. (f) Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways: (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards. (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1.1, 1.2; 12- 1.2and 1.3, in at least the following ways: (1) The Project will mitigate air quality impacts to a level of insignificance by implementing various traffic mitigation measures and complying with applicable rules by the South Coast Air Quality Management District (e.g., Rule 403). (2) The Project will incorporate energy conservation measures, including motion sensitive light activation switches and applicable State energy conservation measures. 3. Zoning ConsistencX (a) The Property is zoned Urban Mixed Use -- North. This zoning designation provides for a mixture of compatible commercial, office, research and development, retail and hotel uses. The Project entails many of these identified uses, such as office, retail, hotel, and research and development. (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1:1.30. For the overall project, FARs are consistent with the maximum allowed ratios provided by zoning. At a Project Area level, development levels will not exceed 1:1.3 FAR in any one Project Area, with one possible exception, which is permitted by the proposed development agreement. 7 cc.ord 4. Findings Required For Development Agreements (a) The Development Agreement is entered into pursuant to City Council Resolution No. 3268 and California Government Code Sections 65864 through 65869.5. (b) In accordance with that law, the Development Agreement identifies (1) the permitted uses as set forth in paragraph 6 and Exhibit B, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in paragraphs 2 and 6. (c) Further in compliance with the above referenced law, the Development Agreement contains the following provisions: ❑ Periodic review at least every twelve (12) months as set forth in paragraph 10. ❑ A demonstration of good faith compliance upon review as set forth in paragraph 10. ❑ A fixed duration for the development agreement as set forth in paragraph 13. ❑ The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B. ❑ Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8. ❑ Time when construction shall commence as set forth in paragraph 6. ❑ Time when construction shall be completed as set forth in paragraph 6. (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following: (1) Development of a property that is currently vacant and unused. (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses. Line. (3) Increase in employment opportunities for the City's citizenry. (4) Development of a project that will increase the use of the MTA Green 8 mord (5) Development of a project that is consistent with the elements of the General Plan. (6) Development of a project that will not cause any significant environmental impacts. (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property. 5. Findings Required Under CEOA Approval of a development agreement is typically subject to the requirements of CEQA. In connection with, and as a basis for the City Council approve the Development Agreement, the Council adopts the CEQA Findings detailed in Resolution No. , in which the MND is adopted, and incorporates those Findings herein as though they were set forth in full. WHEREAS, Councilwoman Nancy Wernick and Councilman John Gaines do abstain from and did not participate in the deliberations and decision on the subject Development Agreement. WHEREAS, Mayor Mike Gordon did participate in the deliberations and decisions on the subject Development Agreement because his participation was legally required to obtain a quorum of the City Council_ NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approve Development Agreement No. DA 98 -1, subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment "B" hereto. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. 9 cc.ord 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 note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. ATTESTED: ZA44 Cindy Moat sen City Clerks (SEAL) APPROVED AS TO FORM: Mark Df Hensley'- --' City Attorney 14� Mike Gordon, Mayor of the City of El Segundo, California 10 mord CERTIFICATION 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 the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1287 is a full; true correct original of ORDINANCE NO. 1287 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -1 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF. 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 19`h day of May, 1998 , and the same was so passed and adopted by the following vote: AYES: Mayor Gordon, Mayor Pro -Tem Jacobs, Councilmembers Wernick and McDowell NOES: None ABSENT: Gaines ABSTAINED: None NOT PARTICIPATING: None 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. 1287 was posted and /or published in the manner prescribed by law. CINDY M RTESEN, City Clerk, City of El Segundo, California (SEAL)