ORDINANCE 1462ORDINANCE NO. 1462
AN ORDINANCE AMENDING CONDITION NO. 12A TO RESOLUTION
NO. 4241 AND ORDINANCE NO. 1345 FOR THE CORPORATE
CAMPUS SPECIFIC PLAN.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On January 2, 2002, the City Council approved General Plan Amendment
No. 01 -02, Specific Plan No. 01 -01, Zone Change No. 01 -01, Zone Text
Amendment No. 01 -01, Development Agreement No. 01 -01,
Administrative Use Permit No. 01 -01, Subdivision No. 01 -05 and certified
the final environmental impact report for Environmental Assessment No.
548 for the Corporate Campus Specific Plan Project (City Council
Resolution No. 4241 and Ordinance No. 1345);
B. On June 1, 2011, the applicant filed an application (Environmental
Assessment No. EA -924) to modify Condition No. 12A of Resolution No.
4241 and Ordinance No. 1345;
C. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity
with the El Segundo Municipal Code ( "ESMC ");
D. 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);
E. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for June 23, 2011;
F. On June 23, 2011, the Planning Commission opened the public hearing to
receive public testimony and other evidence regarding the application
including, without limitation, information provided to the Commission by
City Staff, public testimony, and representatives of the applicant;
G. Following the public hearing, the Planning Commission adopted
Resolution No. 2697 recommending that the City Council, among other
things, modify Condition of Approval No. 12A for the Corporate Campus
Specific Plan;
H. On August 2, 2011, the City Council held a public hearing and considered
the information provided by City staff, public testimony and the applicant;
and
This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the Council at its August 2, 2011 hearing including, without
limitation, the staff report submitted by the Planning and Building Safety
Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the
following facts exist:
A. The Corporate Campus Specific Plan was approved to allow the
development of up to 87,000 gross square feet of hotel /conference
facilities;
B. On June 6, 2011, OTO Development submitted a building permit
application to the City for a 83,855 square -foot hotel at 750 North Nash
Street in the Corporate Campus Specific Plan area;
C. The proposed modification to Condition of Approval No. 12A is unlikely to
apply to any site other than the proposed hotel at 750 North Nash
because construction of the hotel would meet the anticipated size of hotel
development identified in the Corporate Campus Specific Plan and
Development Agreement No. 01 -01. Any additional hotel in the Corporate
Campus Specific Plan area would require modification to Specific Plan No.
01 -01, Development Agreement No. 01 -01 and additional environmental
review in compliance with CEQA;
D. The proposed modification to Condition of Approval No. 12A would allow
alcohol service in a hotel to start three hours earlier than currently allowed
in the Corporate Campus Specific Plan. Alcohol service would begin at 7
a.m. instead of 10 a.m.;
E. Alcohol service is a compatible activity within a hotel use. All hotels in
California serving alcohol are required to obtain and Alcoholic Beverage
Control license and comply with State of California Business and
Professions Code §25631 which prohibits sale of on or off site sales of
alcohol between the hours of 2 a.m. and 6 a.m. The requested
modification to Condition of Approval 12A is compliant with Business and
Professions Code §25631; and
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F. The City of El Segundo Police Department reviewed the modification
request and had no comment. It is not anticipated that the approval of the
request would have a detrimental effect on public safety.
SECTION 3: Environmental Assessment. The City Council previously certified a Final
Environmental Impact Report ( "FEIR ") for this project on January 2, 2002. In
accordance with CEQA Guidelines §15168(C)(2), a new environmental document is not
required for the proposed modification to a condition of approval of the Corporate
Campus Specific Plan since the proposed change would not result in a significant
impact to the environmental or require new mitigation measures.
SECTION 4: General Plan and Corporate Campus Specific Plan. The proposed project
conforms with the City's General Plan and the Corporate Campus Specific Plan as
follows:
A. The General Plan contains relevant Goals, Objectives, and Policies in the
Land Use Element. The goal stated in Goal LU4 is to "provide a stable tax
base for the City through development of new commercial uses, primarily
within a mixed -use environment, without adversely affecting the viability of
Downtown." The proposed modification to Condition No. 12A will
contribute to the economic performance of the hotel use within the
Corporate Campus Specific Plan area which will contribute to the
maintenance of a stable source of tax revenue for the City.
B. The General Plan contains a number of relevant Goals, Objectives, and
Policies in the Economic Development Element. Goal ED1 aims "to create
in El Segundo a strong, healthy economic community in which all diverse
stakeholders may benefit." The proposed modification to condition of
approval 12A will contribute to the economic health of the hotel use going
in to the Corporate Campus Specific Plan Area. As much of the specific
plan area has yet to be developed the health of the hotel as one of the first
businesses in the Specific Plan area will contribute to successful
development of the rest of the Specific Plan area.
C. Objective ED2 -1 is "to strengthen the partnerships between local
government, the residential community, and El Segundo's business
community." Modifying the regulatory framework for the Specific Plan
area to facilitate the operational needs of the hotel is consistent with this
objective as it strengthens the partnership between the City of El Segundo
and a business operator in the City.
D. The Corporate Campus Specific Plan contains a number of relevant
Goals. Corporate Campus Specific Plan (CCSP) Goal No. 1 facilitates
economic development. More specifically, the requested amendment to
Condition of Approval No. 12A is consistent with Goal No. 1a that states
"Enhance the City's economic base through the addition of a variety of
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uses such as (but not limited to) office, hotel, retail, restaurant, recreation,
office, light industrial, research and development, and technology /web
hosting /telecommunications."
E. CCSP Goal No. 2 promotes compatible land uses. The requested
amendment to Condition No. 12A is consistent with both Goal No. 2a and
Goal No. 2b that state respectively "Retain and attract economically
viable, environmentally safe uses that provide a stable tax base and
minimize and negative impact on the City" and "Provide a combination of
standards and incentives that will stimulate quality development."
F. CCSP Goal No. 4 accentuates the overall positive identity of the
community. The requested amendment to Condition No. 12A is consistent
with Goal No. 4a that states "Enhance services and convenience while
respecting the immediate surrounding uses."
SECTION 5: Amendment. Condition No. 12A to Ordinance No. 1345 and Resolution
No. 4241 is amended to read as follows:
"A. The on -site sale of alcoholic beverages in restaurants, coffee shops,
delicatessens, and cafes is permitted between the hours of 10:00 a.m. and
2:00 a.m., seven days a week. The on -site sale of alcoholic beverages in
hotel(s) is permitted between the hours of 7:00 a.m. to 2 a.m., seven days
a week. "
SECTION 6: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance 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.
SECTION 7: 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.
SECTION 8: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial 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.
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SECTION 9: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 10: Enforceability. Repeal of any provision of the ESMC does 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 sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 11: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 12: 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 13: This Ordinance will remain effective until superseded by a subsequent
ordinance.
SECTION 14: 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.
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SECTION 15: This Ordinance will become effective on the thirty -first (31S) day following
its passage and adoption.
PASSED AND ADOPTED this 16th day of August, 2011.
Eric Busch, 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. 1462 was duly introduced by said City Council at a regular meeting held
on the 2nd day of August, 2011, 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 August, 2011, and the same was so
passed and adopted by the following vote:
AYES: Busch, Fisher, Brann, Fuentes, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
Cindy Mo en, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
y� 16rl H. Be er, ssi tant City Attorney
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