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ORDINANCE 1293ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -447, ZONE CHANGE 98 -2, AND GENERAL PLAN AMENDMENT 98 -2, THEREBY CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND APPROVING THE CHANGE IN ZONING AND LAND USE DESIGNATION FROM DOWNTOWN COMMERCIAL (CR -S) ZONE TO MULTI - FAMILY RESIDENTIAL (R -3) AT 360 RICHMOND STREET. PETITIONED BY: JAMES R. OBRADOVICH. WHEREAS, on June 30, 1998, an application was received from James R. Obradovich requesting approval of an Environmental Assessment, Zone Change and General Plan Amendment from CR -S /Downtown Commercial to R -3 /Multi - Family Residential to allow the future construction of a 10 unit condominium at the southeast corner of Holly Avenue and Richmond Street; and WHEREAS, an inter - departmental correspondence has been prepared and circulated along with all the applications and preliminary plans for the future 10 unit condominium for inter- departmental comments; and WHEREAS, an Environmental Assessment (EA -447), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment and Zoning Change, has been prepared and circulated to all interested parties, Staff, and affected public agencies for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission has reviewed Environmental Assessment EA-447 and the supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution 3805); and WHEREAS, on October 22 and December 10, 1998, the Planning Commission did hold, pursuant to law, duly advertised public hearings on such matter and notice of the public hearings was given in the time, form and manner prescribed by law; and WHEREAS, at said hearings opportunity was given to all persons to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -447, General Plan Amendment 98 -2, and Zone Change 98 -2; and WHEREAS, at it's meetings of October 22, 1998, the Planning Commission opened the public hearing, took testimony and continued the public hearing; and ORDINANCE NO. 1293 APPROVING EA -447, AC 98 -2 360 RICHMOND STREET JAMES R. OBRADOVICH PAGE NO. 1 WHEREAS, at it's meeting of December 10, 1998, the Planning Commission took testimony at the continued public hearing, and reviewed and considered the recommendations of the City Council pursuant to the Report from the Downtown Task Force, as appointed by the City Council and directed staff to prepare a resolution recommending approval of the project to the City Council; and WHEREAS, on December 21, 1998, at an adjourned meeting, the Planning Commission adopted Resolution No. 2435 recommending approval of the proposed General Plan Amendment, Zone Change and Negative Declaration; and WHEREAS, the Planning Commission is concerned with the future development of the Downtown and considered the proposed General Plan Amendment 98 -2 and Zone Change 98 -2 in light of the City Council's efforts to revitalize the Downtown District; and WHEREAS, the Planning Commission believes that development of a residential use is appropriate and fits into the frame work of the City Council's Downtown revitalization efforts; and WHEREAS, on January 5 and 19, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing 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 findings of Environmental Assessment EA -447, General Plan Amendment 98 -2 and Zone Change 98 -2; and WHEREAS, at said hearings the following facts were established: The site is within the Downtown Commercial District, and is zoned Downtown Commercial — (CR -S). 2. The site is located at the northwest corner at the edge of the Downtown Commercial District on Richmond Street and Holly Avenue. 3. The site is currently vacant, and the City's historic records indicate no previous development proposed or ever existed on the site. 4. This particular parcel is unique within the Downtown area due to its perimeter location and lack of previous or current development. 5. Testimony supported proposed General Plan Amendment 98 -2 and Zone Change 98 -2 based in part on the increase in population generated by Multi- family (R -3) development which would assist in sustaining the viability of the Downtown District. ORDINANCE NO. 1293 APPROVING EA -447, AC 98 -2 360 RICHMOND STREET JAMES R. OBRADOVICH PAGE NO. 2 6. Multi- family (R -3) development in close proximity to the Downtown is an incentive to urban dwellers. 7. Historical City records indicate that there has been no interest in commercial development on the site. 8. The proposed General Plan Amendment and Zone Change would allow for Multi- family residential development similar to the existing condominiums on the north side of Holly Avenue. 9. The following land uses surround the site: to the south is an apartment building; to the east is an alley which would buffer the proposed residential use from the adjacent commercial land use; R -3 Zoning and Land Use is located to the north across Holly Avenue and to the northwest across Holly Avenue is R -1 Zoning and Land Use. The proposed General Plan Amendment 98 -2 and Zone Change 98 -2 is consistent with these land uses. 10. The individual site is not specifically part of the proposed Initial City Council Action Plan as discussed by the City Council on December 1, 1998. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -447, General Plan Amendment 98 -2, and Zone Change 98 -2, the Council makes the following findings and in so doing, approves the proposed project: A. General Findings 1. The proposed General Plan Amendment 98 -2 and Zone Change 98 -2 are not in conflict with the Downtown Action Plan preliminary directed by the City Council on December 1, 1998 pursuant to the November 17, 1998, Downtown Task Force recommendations. 2. The intervening uses (apartment building and surface parking lot) between the vacant Ralph's site and the subject site and the alley to the east effectively buffers the proposed Multi - Family (R -3) residential use from impacts of the Downtown retail and service uses. 3. That Multi- family housing in close proximity to the Downtown is a benefit since the greater number of people in Multi- family (R -3) residential development generally support business within walking distance of their residence. 4. Past efforts to attract commercial /retail /service development to the site have been unsuccessful due to the perimeter location of the site within the Downtown District. 5. Increased density of residential development in this area is consistent with the adjoining Multi- family (R -3) development directly to the north across Holly Avenue. ORDINANCE NO. 1293 APPROVING EA -447, AC 98 -2 360 RICHMOND STREET JAMES R. OBRADOVICH PAGE NO. 3 6. This particular parcel is unique within the Downtown area due to its perimeter location and lack of previous or current development. B. Environmental Findings: The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and 3. That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimis finding pursuant to AB 3158 and the California Code of Regulation. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall transmit $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council hereby approves Environmental Assessment EA -447, General Plan Amendment 98 -2, and Zone Change 98 -2, subject to the following condition: 1. The applicant shall indemnify, defend, protect, and hold harmless the City, is elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attach the validity of the City's approval of Environmental Assessment EA -447, General Plan Amendment 98 -2, and Zone Change 98 -2. SECTION 1. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 2. 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 hereof 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 posed in accordance with the law. ORDINANCE NO. 1293 APPROVING EA -447, AC 98 -2 360 RICHMOND STREET JAMES R. OBRADOVICH PAGE NO. 4 PASSED, APPROVED, AND ADOPTED this 19th day of January, 1999. Mike Gordon, Mayor 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 Ordinance No.1293 was duly introduced by said City Council at a regular meeting held on the 5th day of January, 1999, and 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 19th day of January, 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTAIN: Jacobs Cindy Mortei6n, City Clerk APPROVED AS TO FORM: Mark D Hensley, City Attorney ORDINANCE NO. 1293 APPROVING EA -447, AC 98 -2 360 RICHMOND STREET JAMES R. OBRADOVICH PAGE NO. 5