ORDINANCE 1316ORDINANCE NO. 1316
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
APPROVING DEVELOPMENT AGREEMENT NO. DA 99 -2 FOR AN
AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER,
PROJECT AREA ONE (PLAN B), AND ENVIRONMENTAL ASSESSMENT
EA496 FOR PROPERTY AT 2135 EAST EL SEGUNDO BOULEVARD, AND
RECOMMENDING ADOPTION OF FINDINGS IN SUPPORT THEREOF.
PETITIONED BY CITY OF EL SEGUNDO.
RECITALS
WHEREAS, the project developer El Segundo HHG Hotel, L.P. ( "Owner "), owns certain
real property, 3.081 acres in size, generally located along the west side of Nash Street and the north
side of El Segundo Boulevard (the "Property "), in the City of El Segundo ( "City "); and,
WHEREAS, the Owner and City propose to amend the previous approvals of the
Development Agreement (DA 98 -1) to allow an additional approximate 45,608 square feet for a total
of 110,000 square feet on the property for a 150 -room all suite Residence Inn hotel ( "Project ")
within the Grand Avenue Corporate Center (GACC); 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 recreational facilities with approval of a conditional use
permit; and,
WHEREAS, in connection with the original development of the GACC, the original GACC
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; and,
WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the
requirements of the California Environmental Quality Act ( "CEQA "), Cal. Public Resources Code
Section 21000 et sea. 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 for the GACC Project 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
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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 GACC Project, including the
Development Agreement, 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,
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 for the GACC Project; and,
WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public
hearings to consider the GACC Project 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,
WHEREAS, on May 19, 1998 the City Council adopted Ordinance No. 1287 and Resolution
No. 4063, Approving the Development Agreement and a Mitigated Negative Declaration of
Environmental Impacts for the Development Agreement for the GACC Project; and,
WHEREAS, an on January 19, 1999, an Environmental Assessment (EA -467), and First
Development Agreement Amendment (DA 98 -2) to the original Development Agreement (DA 98 -1)
for a proposed additional approximate 15,000 square feet for the Sports Training and Recreational
Facility (Project Area 4) was reviewed and approved by the City Council (Ordinance No. 1291); and,
WHEREAS, the Planning Commission has reviewed the pending application (EA -496, DA
99 -2) and 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 No. 3805); and,
WHEREAS, on December 9, 1999, the Planning Commission 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 the
Planning Commission adopted Resolution No. 2459 on December 9, 1999, recommending approval
of the proposed Amended Development Agreement; and,
WHEREAS, on December 21, 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,
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WHEREAS, opportunity was given to all persons present to speak for or against the findings
of Environmental Assessment EA -496 and Development Agreement Amendment 99 -2; and,
WHEREAS, at said hearing the following facts were established:
1. The project site consists of 3.081 acres.
2. The project consists of a proposed approximate 105,122 square foot all suites Marriott
Residence Inn hotel with a maximum of 150 -rooms with a floor area ratio of approximately
0.78:1.
3. The subject proposal is covered by the following previous approvals and agreements:
a) Environmental Assessment EA -430, Subdivision 98 -1 for Vesting Tentative Map No.
52427, Conditional Use Permit No. 98 -2, Parking Demand Study No. 98 -1 and
Development Agreement 98 -1, which were approved by Planning Commission
Resolution Nos. 2413, 2414, 2415 and 2416, respectively, and City Council
Ordinance
No. 1287 and Resolution No. 4063.
b) A Development Agreement (Instrument No. 98- 1109405) was executed on June 30,
1998 pursuant to which the City granted the Developer the right to construct the project
in accordance with the rules, regulations, zoning, and official policies existing at the
time.
c) Environmental Assessment EA -467, Development Agreement Amendment 99 -2,
which was approved by City Council Ordinance No. 1291 for a Revision to Exhibit
`B' of the Original Development agreement to increase the size of the proposed
recreational facility on Project Area 4 for Plan B by 15,000 square feet.
4. The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current
General Plan Land Use designation of the site for Urban Mixed -Use North. The subject
proposal is consistent with the intent of the MU -N zoning designation by allowing for
commercial, office, retail, restaurant and recreational uses.
5. The surrounding areas to the west, north, south and east are developed, or planned to be
developed, with office uses, research and development, restaurants, and hotels. The properties
to the north and east are zoned Mixed -Use North (MU -N), to the west Corporate Office (CO),
and to the south Light Industrial (M -1).
6. The project site is located within the northeast portion of the City of El Segundo, approximately
one quarter -mile west of the San Diego (I -405) Freeway and one mile south of the Glenn
Anderson (I -105) Freeway. The Metro Green Line and a station at the intersection of Nash
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Street and El Segundo Boulevard is located adjacent to, and east of, the project site. Local
jurisdictions near the site include the City of Los Angeles located north of Imperial Highway,
the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne
located east of Aviation Boulevard.
SECTION 1. NOW, THEREFORE, BE IT ORDAINED that after considering the above
referenced facts for the subject project; the GACC Project Approvals and the information contained
therein; the Initial Study and the MND for the GACC; the Initial Study for the pending applications
(EA -496, DA 99 -2); and the testimony and other evidence offered at the public hearings, the City
Council approves Environmental Assessment EA -496 and Development Agreement No. 99 -2
(Second Amendment to DA 98 -1); and, makes the following findings in support thereof:
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 City 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 City 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 City Council, whether or not any particular
sentence or clause includes a statement to that effect. The City 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 City
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 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.
(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
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such summary is not an indication that a particular finding is not based in part on that
fact.
(e) Mitigation Measures. These findings are based on the various mitigation measures
which were required and adopted in the implementation of the GACC Project as
recommended by the MND or identified by the MND as already having been
incorporated into the Project.
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 hotel 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.
(4)
(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:
(1) The Property is zoned Urban Mixed -Use North. That zoning designation
provides for a mixture of compatible commercial, office, research and
development, retail, restaurant and hotel uses. The GACC Project entails
many of these identified uses, such as office, retail, and restaurant, and
additionally recreational uses; the subject Project provides a hotel as part of
that mixture.
(2) The GACC Project will provide mixed uses, including commercial uses, in
close proximity to the MTA Green Line; the subject Project provides a hotel
as part of that mixture.
(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.
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(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 the hotel use.
(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.
(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.
(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.
(8) The Project will not significantly impact the traffic flow for the westbound
dual left -turn lanes at the intersection of El Segundo and Continental
Boulevards.
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(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 OS 1 -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.
(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) 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 -1.2 and 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
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sensitive light activation switches and applicable State energy conservation
measures.
3. Zoning Consistency
(a) The Property is zoned Urban Mixed -Use North. This zoning designation provides for
a mixture of compatible commercial, office, research and development, retail,
restaurant, and hotel uses. The GACC Project entails many of these identified uses,
such as office, retail, restaurant, and additionally recreational uses; the subject
Project, as a hotel use, adds to that mixture of uses.
(b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio
(FAR) of 1:1.30. The Project FAR is consistent with the maximum allowed ratios
provided by zoning, at approximately 0.78:1 FAR.
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 the amendment, 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 and, incorporated by reference in Ordinance No. 1287.
(c) Further in compliance with the above referenced law, the original Development
Agreement adopted by Ordinance No. 1287, and incorporated herein by reference,
contains the following provisions:
(1) Periodic review at least every twelve (12) months as set forth in paragraph 10.
(2) A demonstration of good faith compliance upon review as set forth in paragraph
10.
(3) A fixed duration for the development agreement as set forth in paragraph 13.
(4) The maximum size of the proposed buildings as set forth in paragraph 6 and
Exhibit B'.
(5) Conditions, terms and restrictions concerning subsequent discretionary actions
as set forth in paragraph 8.
(6) Time when construction shall commence as set forth in paragraph 6.
(7) 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:
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(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.
(3) Increase in employment opportunities for the City's citizenry.
(4) Development of a project that will increase the use of the MTA Green Line.
(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.
(e) The project is consistent with the objectives, policies, general land uses, and programs
specified in the General Plan and any applicable specific plan in that the amendment
to DA 98 -1 by allowing an approximate 45,608 square foot increase in the maximum
size of the proposed hotel on Project Area One will not increase the number of rooms
permitted in the hotel and would not add additional significant meeting or dining
facilities. The project would result in a FAR of approximately 0.78:1, which is below
the maximum permitted by the General Plan for the subject site. Furthermore,
adequate parking is provided for the subject expansion on -site, because the required
parking is based on the number of rooms in the hotel, not the floor area of the hotel.
(f) The project is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is located in that all- suites hotel
is compatible with the uses permitted in the Mixed -Use North Zoning district.
(g) The project is in conformity with the public convenience, general welfare and good
land use practice in that the proposed floor area increase will make the best use of the
land area available by allowing the creation of a hotel designed to serve an extended
stay segment of the hotel market not already served by existing hotels in this location
of El Segundo, thus further benefiting the public convenience.
(h) The project will not be detrimental to the health, safety and general welfare in that
it is consistent with the elements of the General Plan, the requirements of the Zoning
Ordinance and is subject to review and approval by the City including on -site
inspections during construction, prior to occupancy, and parking review after
occupancy.
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(i) The proposed amendment to the previously approved project will not adversely affect
the orderly development of property or the preservation of property values in that it
will benefit and make feasible the previously approved project.
Findings Required Under CEOA
(a) Approval of a development agreement is typically subject to the requirements of
CEQA. In connection with, and as a basis for the City Council approval of the
original Development Agreement, Ordinance No. 1287, the Council adopted the
CEQA Findings detailed in Resolution No. 4063, in which the MND was adopted,
which incorporated those Findings herein as though they were set forth in full;
(b) An Environmental Assessment (EA -496), for the proposed additional approximate
45,608 square feet and left -turn pocket for the proposed hotel was prepared in
accordance with the requirements of CEQA. No significant new environmental impacts
were identified that were not previously identified in the original MND;
(c) 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
(d) 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 Regulations. Within
ten (10) days of the approval of the Negative Declaration of Environmental Impacts,
the applicant shall submit to the City of El Segundo a fee of $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.
SECTION 2. NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council
approves Environmental Assessment EA -496 and Development Agreement DA 99 -2, subject to the
following conditions:
Prior to approval of the building plans, the applicant shall develop plans, which indicate that
the project is in substantial conformance with plans approved and on file with the
Department of Planning and Building Safety. Any subsequent modification to the project
as approved shall be referred to the Director of Planning and Building Safety for a
determination regarding the need for Planning Commission review of the proposed
modification.
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12/7/99 2:00 p.m. PAGE NO. 10
2. The applicant shall indemnify, defend, protect, and hold harmless the City, its 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 attack the validity of the
City's approval of Environmental Assessment EA -496 and Development Agreement 99 -2,
Amendment to Grand Avenue Corporate Center Project Area 1 (Plan B).
SECTION 3. This Ordinance shall become effective at midnight on the thirtieth (30) day from and
after the final passage and adoption hereof.
SECTION 4. 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 18th day of January, 2000.
b
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.
1316 was duly introduced by said City Council at a regular meeting held on the 21" day of
December, 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 18T'
day of January, 2000, and the same was so passed and adopted by the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES: None
ABSENT: None
ABS)' LIN: None
/indy Mor se ,City Clerk
APPROVED AS TO FORM:
aze-
N�Wk D. Hensle , City Attorney
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