CC RESOLUTION 3644RESOLUTION NO. 3644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. 195 AND
CONDITIONAL USE PERMIT 89 -2 FOR EXPANSION OF THE HYPERION
SEWAGE TREATMENT PLANT AT 12000 VISTA DEL MAR; PETITIONED BY
THE CITY OF LOS ANGELES.
WHEREAS, an application has been received from the City of Los Angeles to construct a
cryogenic /air separation facility, an electric switchyard facility, oxygen reactor facility, underground
influent channels and duct banks, retaining walls and landscaping to allow expansion of the
Hyperion Sewage Treatment Plant at 12000 Vista Del Mar, a portion of which is located in the
Open Space zone in the City of El Segundo; and
WHEREAS, on November 9, 1989, at a duly advertised public hearing the Planning
Commission adopted Resolution No. 2262 recommending denial of Environmental Assessment No.
195 and Conditional Use Permit 89 -2 and further recommending that an Environmental Impact
Report be prepared in accordance with the California Environmental Quality Act, State Guidelines
and the City of El Segundo Guidelines for Implementation of the California Environmental Quality
Act (Resolution No. 3517); and
WHEREAS, on November 22, 1989, the applicant filed an appeal of the Planning Commissions
denial and recommendation for preparation of an Environmental Impact Report; and
WHEREAS, on January 16, 1990, the applicant requested that the City Council continue the
appeal hearing until February 6, 1990; and
WHEREAS, on February 20, 1990, at a duly advertised public hearing the City Council
directed that a Mitigated Negative Declaration for Environmental Assessment No. 195 and
Conditional Use Permit No. 89 -2 be prepared and considered by the Planning Commission; and
WHEREAS, the applicant requested that the Planning Commission continue the item from
their March 22, April 26, and May 10, 1990 agendas; and
WHEREAS, on May 8, 1990, the applicant requested that the Planning Commission public
hearing be conducted on June 14, 1990; and
WHEREAS, on March 5, March 22, April 12, and April 26, 1990 the Planning Commission held
duly posted Special Sessions to consider the Mitigated Negative Declaration; and
WHEREAS, on June 14, 1990, a duly advertised public hearing /workshop was held on EA-
195 and Conditional Use Permit No. 89 -2; and
WHEREAS, on June 14, 1990, opportunity was given to all persons to present testimony or
documentary evidence for and against proposed Environmental Assessment No. 195 and Conditional
Use Permit No. 89 -2, and extensive testimony was received regarding noise, odor, dust, air
• omissions, vibration, health and safety, structural heights, and construction impacts; and
WHEREAS, on June 28, 1990 the applicant filed an appeal of the Planning Commission
decision; and
WHEREAS, on August 7 and August 21, 1990, the City Council held a duly advertised public
hearing on Environmental Assessment No. 195 and Conditional Use Permit 89 -2; and
WHEREAS, the City Council has reviewed the proposed Mitigated Negative Declaration and
supporting evidence in accordance with the authority and criteria contained in the California
Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the
Implementation of the California Environmental Quality Act (Resolution No. 3517); and
WHEREAS, the conditions discussed in this resolution will mitigate the impacts described in
the Initial Study; and
WHEREAS, at said hearings the following facts and findings were established:
1. The proposed project involves the construction of a three - story, 34,900 square
foot cryogenic /air separation facility with four 85 -foot high towers; expansion
of a one -story 26,000 square foot electric switchyard facility; expansion of a
one -story 615,000 oxygen reactor facility; underground facilities consisting of
influent channels and duct bands; a 32 -foot high, 235 -foot length retaining
wall at the base of an existing 100 foot high slope and; landscaping of the
existing slope.
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2. That portion of the project within the City of El Segundo is located within
the Open Space Zone, which allows utility facilities and similar uses through
Conditional Use Permit approval by the City Council.
3. The Open Space Zone establishes a height limit of twenty feet, with
additional height allowable through granting of a conditional use permit.
4. The surrounding land uses within the City of El Segundo are developed in
accordance with their respective zone designations of Open Space to the east
which is utilized as an Open Space buffer and utility transmission line right -
of -way, with single - family residences beyond. Land uses in all other
directions are within the City of Los Angeles and consist of the airport to
the north across Imperial Highway; Dockweiler State Beach to the west
across Vista Del Mar, and the Scattergood Steam Plant to the south with the
Chevron Refinery beyond across Grand Avenue.
5. The proposed use is consistent with the Open Space and Area of Concern
designations to the General Plan Land Use Map and is otherwise consistent
with all other elements of the General Plan.
6. The proposed use is consistent with the intent of the Open Space Zone to
accommodate necessary public facilities which service the City of El Segundo
and surrounding communities.
7. Significant environmental impacts regarding structural heights, vibration,
safety hazards, noise, dust, odors, air emissions and construction impacts of
the project are the responsibility of the City of Los Angeles to mitigate and
• are adequately addressed by conditions of approval which have been
coordinated with the City of El Segundo Building and Safety Division, Public
Works Division, and Planning Division.
8. The excess height of the retaining walls is necessary to insure the stability
of the reconfigured slope, will not be visible to adjacent residences to the
east, and the view of the walls will be screened or softened by architectural
treatment and landscaping.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves Environmental
Assessment No. 195, a Mitigated Negative Declaration, and Conditional Use Permit No. 89 -2,
subject to the following conditions:
SECTION 1.
1. That the funds for damage claims originally established by Condition No. 4.g.
of City Council Resolution No. 3513 shall be replenished to a minimum of
$2,000,000.00 prior to issuance of a building permit.
. Those funds shall be held in reserve until one year following the completion
of all construction activities authorized by CUP 89 -2. These funds shall be
used to repair latent property damage attributable to construction activities
and vibrations. Should the funds established by Conditions 4.g. of City
Council Resolution No. 3513 be depleted below $100,000 prior to completion
of construction activities authorized by CUP 89 -2, additional funds necessary
to maintain a minimum balance of $500,000 shall be deposited in an escrow
account to be held in reserve for the time period described above and used
for the same intended source.
2. Within 30 days of adoption of this resolution, the applicant shall submit a
vibration monitoring program prepared by an experienced vibration engineer.
The program shall determine the locations and types of instrumentation
necessary to measure and record vibrations on a 24 hour basis; shall establish
a schedule for transmittal of data to the City of El Segundo on a regular
basis, and shall establish a vibration standard beyond which activities causing
vibration should be reduced. The program shall be subject to review and
approval by the City of El Segundo. Upon approval, the City manager of El
Segundo and the Los Angeles City Engineer or their designees shall jointly
establish the schedule for implementation and duration of the program. If
maximum motion velocity exceeds 0.01 inches per second, measured from the
property line of the closest residence, work shall cease until the construction
methods are revised to lower the vibrations below the aforementioned
standard.
3. Construction activities shall be limited to the hours specified in Condition No.
9 of this resolution. Vehicle and equipment maintenance activity shall not
be conducted outside these working hours within 300 feet of the department
of Water and Power's easterly easement line. Construction activities involving
life threatening situations, major equipment rescue operations and permit
violation prevention activities are exempt from this condition provided the
City of Los Angeles notifies the City of El Segundo City Manager and all
property owners within 500 feet east of the Department of Water and Power's
easterly easement line within one working day of the circumstances requiring
an exemption.
4. Construction and excavation activities shall minimize the blowing and erosion
of sand and dust. Immediate measures shall be taken to prevent sand from
disturbed areas from blowing off -site. Dust and sand control measures may
include but not be limited to watering down the site, hydromulching,
constructing a snow fence or other methodology.
5. Within 30 days from the date of this Resolution, the applicant shall submit
a revised landscape and irrigation plan for review and approval by the
Planning Division and the Parks and Recreation Department. The landscape
plan shall include revegetation of all areas disturbed by construction activity
to control dust and erosion and to restore the disturbed areas to a landscaped
condition. Installation in accordance with the approved landscaping and
irrigation plan shall commence within sixty (60) days of completion of
construction activity for each phase of the plant expansion and shall be
completed within one hundred eighty (180) days.
6. The applicant shall comply with the following schedule for response to public
complaints and damage claims procedures attributable to the project's
construction and operational activities:
(a) Continuation of the 24 -hour telephone "hotline" to receive
public calls regarding Hyperion activities, to be publicized to
adjacent property owners within a minimum 500 feet east of
the Department of Water and Power's easterly easement line
by newspaper, direct mail or other appropriate methodology.
(b) Within 24 -hours or one working day of the time the telephone
"hotline" call is received, a responsible person (a construction
manager or a project engineer) from the Hyperion Treatment
Plant shall respond to the complaint.
(c) Continuation of the construction related claims procedure flow
chart to be publicized to adjacent property owners within a
minimum 500 feet east of the Department of Water and
Power's easterly easement line, which incorporates the
following timeline, measured from the date a claim or written
complaint is received by the City of Los Angeles:
• 1. Completion of property clean up (eg. blown sand):
within 5 working days.
2. Minor property damage (less than $5,000):
Investigate claims within 5 working days; respond
to property owner with proposal of resolution
within 45 days.
3. Property damage (greater than $5,000):
Arrange for property inspection within 5 working
days; investigate claim within 60 days; respond to
property owner with explanation of proceedings
for resolution within 90 days.
7. An ombudsman shall be continued for the duration of the construction of the
Hyperion plant expansion, to facilitate communication, and processing of
complaints and claims. The ombudsman shall be jointly hired and /or jointly
. fired by the City of El Segundo and the City of Los Angeles, at the
applicant's expense. The City of El Segundo and the City of Los Angeles
shall jointly develop the description of duties, responsibilities and hours and
place of work, which shall include, but not be limited to providing, an
independent evaluation of claims to property owners.
8. The applicant shall continue the procedure approved by the City of El
Segundo notifying affected neighbors and the City of El Segundo in advance
of potential activities at the Hyperion site which may result in excessive
odors, noise and /or vibrations.
9. The applicant shall minimize construction impacts by requiring that the following
• procedures be specified and adhered to in construction contracts:
(a) Construction activity shall be limited to the hours of 7:00 A.M.
to 6:00 P.M. Monday through Saturday in conformance with
City Noise regulations. No construction shall occur on Sundays
and holidays. Light construction activities (eg. interior
plumbing and electrical work) that does not generate
construction impacts are not limited by these procedures.
(b) Construction equipment shall be maintained in good operating
condition and shall include muffling devices.
(c) Excavation and grading shall not occur on extremely windy
days.
(d) Excavation and grading sites shall be periodically watered down
to control dust.
(e) Earth haul vehicles shall be tarped or watered down prior to
hauling.
10. The applicant shall submit a truck haul route and schedule to the El
Segundo City Engineer for review and approval if streets in El Segundo, or
adjacent streets, are utilized.
11. The applicant shall pay to the City of El Segundo plan check and permit fees
for all work approved by Conditional Use Permit No. 89 -2.
12. The applicant shall submit specific construction plans to the City for
administrative review.
The City shall review the plans in a reasonable time so as not to disrupt the applicants
construction schedule. The applicant shall comply with measures and conditions
required in connection with the building permit and plan review process that are
deemed reasonable to mitigate the impacts on the community of El Segundo.
Administrative determinations made by City staff may be appealed by the applicant to
the Planning Commission.
13. The applicant shall:
a. Completely enclose each detritor tank at the HTP's East
Headworks and no foul air shall be allowed to escape from the
. building. The existing foul air scrubbers shall be expanded as
necessary to eliminate fugitive odors from this facility. This
work shall be completed within six (6) months from the
effective date of the approval of this CUP.
b. Allow no digester opening Friday through Monday, inclusive,
or when there are unfavorable meteorological conditions or
during the following holiday periods:
* Thanksgiving * Hanukkah
* Christmas * Martin Luther King Day
* New Year's Day * Memorial Day
* Easter * Labor Day
* Veteran's Day * Fourth of July
C. Utilize portable odor scrubbers to effectively eliminate odors
when the digestors are open. The scrubbers shall be
operational within nine (9) months of the effective date of this
resolution.
d. Cover the primary effluent channels at the existing aeration
• tanks to prevent the escape of fugitive odors from these
channels. This work shall be completed within six (6) months
of the effective date of this CUP.
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e. Enclose the truck loading operation by constructing a building
around the lower portion of the silo. The upper portions of
the silo shall be modified to prevent the escape of fugitive
odors. The new facilities shall be ventilated to an odor
scrubbing system. This work shall be completed within 24
months of the effective date of the Conditional Use Permit.
• 14. Inspectors from the Bureau of Contract Administration shall be on -site at all
times during construction to enforce construction control measures.
15. Noise generated by construction activities shall not exceed the following noise
levels as measured from the property line of the closest residence:
Maximum Sound Pressure Days/Hours
Levels (Noise) in dBA
65 dBA Mon. - Sat. 7:00 a.m. - 7:00 p.m.
50 dBA Mon. - Sat. 7:00 p.m. - 10:00 P.M.
45 dBA Mon. - Sat. 10:00 p.m. - 7:00 a.m.
45 dBA Sunday All Hours
Adjustments to these standards may be permitted subject to the provisions of Section
9.06.040 (c)(1) of the El Segundo Municipal Code. The noise generated by construction
of the compressor facility shall also meet the above- referenced noise standards.
16. The City of Los Angeles shall require the contractor to use drilling to set pile and tie-
backs to avoid higher noise levels.
17. Noise generated by the operations of facilities authorized by this CUP, including the
compressor facility, shall not exceed the following noise levels or the ambient noise level
whichever is the lesser, as measured from the property line of the closest residence.
Maximum Sound Pressure Days/Hours
Levels (Noise) in dBA
65 dBA Mon. - Sat. 7:00 a.m. - 7:00 p.m.
50 dBA Mon. - Sat. 7:00 p.m. - 10:00 P.M.
45 dBA Mon. - Sat. 10:00 p.m. - 7:00 a.m.
45 dBA Sunday All Hours
Adjustments to these standards may be permitted subject to the provisions of Section
9.06.040 (c)(1) of the El Segundo Municipal Code.
18. All exterior lighting for the facility shall be down -lit, shielded and directed away from
adjacent residential areas.
19. All air emissions shall comply with all applicable requirements of the South Coast Air
Quality Management District.
20. When the Full Secondary facilities are completed, the plant shall meet U.S.
Environmental Protection Agency Reliability Class I standards to minimize the potential
for treatment plant - upset caused by loss of power.
21. No chemicals defined as acutely hazardous materials by California law shall be utilized
or stored in conjunction with activities authorized by this CUP. The facilities shall be
subject to Hyperion's Hazardous Material Contingency Plan and Business Plan on file
with the Los Angeles City Fire Department. The plans shall be updated to address
notification of the City of El Segundo in emergency situations.
22. No materials shall be stored or used in conjunction with activities authorized by this
CUP.
23. The towers associated with the cryogenic /air separation facility shall be constructed to
be below the existing height elevation of the bluff located to the east. The existing
bluff height shall not be modified without prior City approval.
24. The applicant shall at all times comply with the mitigation measures described in this
resolution and described in the "Hyperion Full Secondary 1989 Construction Program,
Mitigation Measures To Control Impacts Of Construction And Other Areas Of Concern
To The City of El Segundo ", attached to and made a part of this resolution.
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25. Should applicant violate Conditions 2, 3, 4, 9, 15, 16, 17, 21 and 22 herein,
it shall be subject to the payment of administrative costs plus the costs of
actual damage not to exceed the following penalties:
(a) $1,000.00 for the first violation of any specific condition;
0 (b) $3,000.00 for the second violation of any specific condition;
(c) $10,000.00 for the third violation of any specific condition;
(d) $30,000.00 for the fourth violation of any specific condition; and
(e) $50,000.00 for every violation beyond the fourth violation of the
conditions.
Administrative costs shall include staff salary costs, including overhead costs, for time
spent with residents regarding violation complaints, time spent preparing reports and
attending meetings and /or hearings regarding the violation(s); related consultant fees;
and related legal fees.
Upon identification of a violation, the City shall notify the applicant, who
shall be required to take immediate action to remedy the violation. Failure
to remedy the violation shall result in the City providing the applicant with
written notice of a violation which shall describe the condition violated, a
description of the violation, the number of prior violations of this condition,
and the amount of the penalty for this violation. Applicant shall have 14
days from the date of mailing of this notice to request a hearing in writing
from City. Said hearing shall be scheduled before a hearing officer
designated by the Planning Commission. The decision of the hearing officer
shall be final. If no hearing is requested the penalty imposed by the notice
shall become due upon the 15th day after mailing.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF August 1990.
ATTEST:
0 't-
Ronald Hart, City Clerk
(SEAL)
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Mayor,
City of El
EA195- CC.Res
•
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, 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 resolution, being Resolution No. 3644 was duly passed and adopted by the
said City Council, approved and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council held on the 8th day of
August, 1990 and that the same was so passed and adopted by the following vote:
AYES:
COUNCILMEMBERS:
DANNEN, WISE, WESTAND MAYORJACOBSON.
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
CLUTTER
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17th day
of December, 1990.
RONALD L. HART
City Clerk of the
City of El Segundo, California
(SEAL)