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CC RESOLUTION 4865RESOLUTION NO. 4865 A RESOLUTION MODIFYING CONDITION NO. 37 IN RESOLUTION NO. 4779 FOR THE 222 KANSAS STREET SPECIFIC PLAN (222 KSSP) PROJECT LOCATED AT 1520 -1598 EAST GRAND AVENUE AND 222 -250 KANSAS STREET The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On September 4, 2012, the City Council adopted Resolution No. 4779 and Ordinance No. 1470, approving the 222 Kansas Street Specific Plan (KSSP) project; B. On January 9, 2014, Mar Ventures, Inc. requested that Condition No. 37 be modified to remove the requirement for an irrevocable offer to dedicate an additional 9 feet along the entire Grand Avenue frontage of the subject property; C. On February 4, 2014, the City Council held a public meeting and considered the information provided by City staff, public testimony and the applicant, Mar Ventures, Inc; D. On February 4, 2014, the City Council introduced and waived first reading of Ordinance No. 1493; and E. This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the Council at its February 4, 2014 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Nothing in this Resolution affects the California Environmental Quality Act ( "CEQA ") determination made by the City Council on September 4, 2012; by itself, this Resolution does not constitute a "project" for the purposes of CEQA. SECTION 3: Approvals. The City Council modifies Condition No. 37 in Resolution No. 4779 to read as follows: "Before the City issues a Certificate of Occupancy and records the final map, the applicant must dedicate 10 feet along the entire Grand Avenue frontage of the subject property. The applicant must enter into an -1- agreement, in a form approved by the City Attorney, holding the City harmless and indemnifying it from any hazardous materials or contamination that may affect the property offered for dedication." SECTION 4: Reliance on Record. Each and every one of the findings and determinations in this Resolution 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 5: 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 6: 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. SECTION 7: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 8: A copy of this Resolution must be mailed to Mar Ventures, Inc., SMPO Lab, LLC, and to any other person requesting a copy. -2- SECTION 9: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 4th day of February 2014. ATTEST: Ogtaa&.&L't, Tracy Wjaver, City Clerk APPROVED AA6 O} O F M: Mark D. Hen vXi&/Atten Bil Fisher, Mayo Karl H. Berger, AssiAtant City Attorney -3-