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ORDINANCE 1493ORDINANCE NO. 1493 AN ORDINANCE MODIFYING CONDITION NO. 37 IN ORDINANCE NO. 1470 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 ordain 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 (222 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 Ordinance and its findings are made based upon testimony and evidence presented to the Council at its February 4, 2014 hearing inciuding, without ii-nitatio�l, thU Stan 1UPLAL 5ubrriitied by the Department of Planning and Building Safety. SECTION 2: Environmental Assessment. Nothing in this Ordinance affects the California Environmental Quality Act ( "CEQA ") determination made by the City Council on September 4, 2012; by itself, this Ordinance does not constitute a "project" for the purposes of CEQA. SECTION 3: Approvals. The City Council modifies Condition No. 37 in Ordinance No. 1470 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 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 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 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 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: Effectiveness of ESMC. 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 r- -' -� -rr_ -i t_ _ _L.�:...:�... ..L:.. .. +i.-. . 1L 44.�.�.n �i — rir+n hof�ro TU�Ce c1flU euec� IUI sustaining ll� al;llViI Vr p1 U0" -Uuu1 Ig V IUMMU1 is the effective date of this Ordinance. SECTION 8: Memoralization. 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 9: 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. 2 SECTION 10: Effective Date. This Ordinance will become effective on the thirty - first (31 st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of February, 2014. ill Fisher, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, 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. 1493 was duly introduced by said City Council at a regular meeting held on the 4th day of February, 2014, 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 18th day of February, 2014, and the same was so passed and adopted by the following vote: AYES: Fisher, Jacobson, Fuentes, Atkinson, Fellhauer NOES: None ARSE V I : Vol le ABSTAIN: None CA"411x_ omma_ , Tra Weav , City Clerk APPROVE Mark D. HE Karl H: Berger, Ass 3 nt City Attorney