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ORDINANCE 1371ORDINANCE NO. 1371 AN ORDINANCE AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE TO ADD PROVISIONS ALLOWING A STAY OF AN APPROVED TENTATIVE MAP (ZONE TEXT AMENDMENT NO. 03 -3). The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Council finds and declares that: A. On October 21, 2003, TPG -EI Segundo Partners, LLC submitted an application to amend the El Segundo Municipal Code ( "ESMC ") to add provisions which would allow an approved tentative map to be stayed during the length of time that a lawsuit involving the approved tentative map is or was pending in a court of law The application was reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the ESMC; B. 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); C. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 8, 2004; D. On January 8, 2004, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by TPG -EI Segundo Partners, LLC; and adopted Resolution No. 2558 recommending City Council approval of Environmental Assessment No. 608 for Zone Text Amendment No. 03 -1; E. On January 20, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by TPG -El Segundo Partners, LLC; and adopted Resolution No. 4356approving Environmental Assessment No. 630 for Zone Text Amendment No. 03 -3. F. The City Council considered the information provided by TPG -El Segundo Partners, LLC, City staff, and public testimony. This Ordinance, and its findings, are made based upon the evidence presented to the City Council at its January 20, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The applicant has requested an amendment to the Subdivision Regulations of the ESMC because a vesting tentative map that was approved for the applicant's project (the El Segundo Corporate Campus) will expire on June 18, 2004, unless it is extended; and, B. Section 66452.6 (c) of the Subdivision Map Act authorizes cities to grant stays to approved tentative maps if it has adopted procedures. Currently, the City does not have the procedures in place to process an application to stay a tentative map. SECTION 3: Approvals. The City Council approves the following: A. ESMC § 14 -1 -12 is amended to read as follows: "14 -1 -12: EXPIRATION OF TENTATIVE MAP APPROVAL: A. Expiration: The approval or conditional approval of a tentative map or tentative parcel map expires twenty four (24) months after the date the map was first approved or conditionally approved. B. Extension Or Stay: The person filing the tentative map may request an extension, pursuant to Government Code § 66452.6 (e), or stay, pursuant to Government Code § 66452.6 (c) of an approved tentative map by filing a written application with the Director of Community, Economic and Development Services, before the map's expiration date. The application must state the reasons for requesting the extension or stay. The Planning Commission will either approve, conditionally approve or deny extension requests. Within forty (40) days after receiving an application for a stay, the Planning Commission must either approve the requested stay for a period not exceeding five (5) years or deny the application. C. Time Limit On Extensions And Stays: Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one (1) year from the anniversary date of the map's original approval. The total time of extensions cannot exceed five (5) years. The stay may be for the period of time during which a lawsuit involving the tentative map is or was pending in a court of competent jurisdiction, not to exceed five (5) years. The ultimate length of the extension or stay must be consistent with the Subdivision Map Act (Government Code §§ 66410 - 66499.58). D. Effect Of Map Modification On Extension Or Stay: Modifications of a tentative map after approval or conditional approval cannot extend the time limits imposed by this Section, unless an extension or stay is specifically granted. E. Hearings, Notices, Fees and Appeals on Map Extensions And Stays: Chapters 25 ( "Appeal or Review ") and 27 ( "Hearings, Notices and Fees ") of this Title govern with respect to extension and stay requests made pursuant to this Section." B. ESMC § 14 -2 -7 is amended to read as follows: "14 -2 -7: EXPIRATION OF VESTING TENTATIVE MAP APPROVAL: "The approval or conditional approval of a vesting tentative map and the conditions under which an extension of time or stay is granted must be consistent with § 14- 1 -12." SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end; the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. Mark [ M PASSED AND ADOPTED this 3rd day of February, 2004. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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. _1_1 was duly introduced by said City Council at a regular meeting held on the 20th day of January 2004, 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 3rd day of February, 2004, and the same was so passed and adopted by the following vote: AYES: GORDON, JACOBS, GAINES, MCDOWELL NOES: NONE ABSENT: NONE ABSTAIN: NONE NOT PARTICIPATING: WERNICK Cindy M rtesen, City Clerk 0