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ORDINANCE 1440ORDINANCE NO. 1440 AN ORDINANCE APPROVING ZONE CHANGE NO. 09 -01 FOR THE SATCO, INC PROPERTY (1916 EAST IMPERIAL HIGHWAY (ASSESSOR PARCEL NUMBER 4138 - 005 -042) AND ASSESSOR PARCEL NUMBER 4138 - 005 -057). The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. On October 22, 2009, the City of El Segundo filed an application for an Environmental Assessment (EA -852), General Plan Amendment (GPA No. 09 -01) and Zone Change (ZC No. 09 -01) to re- designate and rezone an approximately 1.26 -acre property at the southwest corner of Selby Street and Imperial Highway; B. The applications from the City of El Segundo were reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. 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); D. An Initial Study was prepared pursuant to the requirements of CEQA. A Negative Declaration was prepared and circulated for public review and comment from December 3, 2009 to January 4, 2010; E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 14, 2010. Following the January 14th public hearing, the Planning Commission recommended that the City Council adopt this Ordinance; F. On February 2, 2010 the City Council held a public hearing and considered the information provided by City staff and public testimony; and G. This Ordinance and its findings are made based upon testimony and evidence presented to the Council at its February 2, 2010 hearing including, without limitation, the staff report submitted by the Department of Planning and Building Safety. SECTION 2: Factual Findings and Conclusions. The City Council finds and declares as follows: A. The factual findings and conclusions set forth in Resolution No. 4641, adopted on February 2, 2010, are incorporated as if fully set forth. SECTION 3: Zone Change Findings. A. Based on the factual findings and conclusions of this Ordinance, the proposed Zone Change is necessary to carry out the proposed project because the proposed General Plan Amendment would change the land use classification on portions of the project site from General Commercial to Corporate Office. The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land uses designation of Corporate Office. B. ESMC Title 15 is intended to be the primary tool for implementing the goals, objectives and policies of the El Segundo General Plan. The zone change will maintain consistency with the proposed change in General Plan land use designation to Corporate Office and also is consistent with the General Plan goals, objectives and policies discussed in Section 4 of Resolution No. 4641, adopted on February 2, 2010, which is incorporated as if fully set forth. Section 4: Approvals. The City Council amends the current Zoning Map to reflect a change of the Project Site, which fronts East Imperial Highway to the north and Selby Street to the east, from General Commercial (C -3) to Corporate Office (CO). The corresponding changes to the Zoning Map as set forth in attached Exhibit 'A" which is incorporated into this Ordinance by reference. SECTION 5: Environmental Assessment. Resolution No. 4641 adopted an Negative Declaration for this Project which, among other things, properly assesses the environmental impact of this Ordinance, and the Project, in accordance with CEQA. This Ordinance incorporates by reference the findings and analysis set forth in Resolution No. 4641. SECTION 6: Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for 2 sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7: 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 8: Severability. 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. 3 SECTION 9: Effective Date. This Ordinance will become effective on the thirty - first (31st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of February 2010. Kelly McDowell, Mayor ,r 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. 1440 was duly introduced by said City Council at a regular meeting held on the 2nd day of February 2010, 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 16th day of February, 2010, and the same was so passed and adopted by the following vote: AYES: Busch, Brann, Fisher, Jacobson NOES: None ABSENT: McDowell ABSTAIIN�:� -�-- None C:�'� �JyyIGVYbV1 � Cindy Mortesyan, City Clerk A - - . 0 . • • rh - as a - Karl H. Berger, 4 istant City Attorney E IMPERIAL AVE J CD a W w J a w N z E WALNUT AVE E SYCAMORE AVE r U a z a 0 z IMPERIAL HWY 1916 E. Imperial Highway Proposed Zone Change City of El Segundo Zoning Map f- y } m W W W E MAPLE AVE EXHIBIT A