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CC RESOLUTION 3653RESOLUTION NO. 36433 . • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DENYING AN APPEAL OF THE PLANNING COMMISSION DECISIONS REGARDING ENVIRONMENTAL ASSESSMENT EA 147, ENVIRONMENTAL ASSESSMENT EA -231, SUBDIVISION 90-2 AND ADMINISTRATIVE SITE PLAN REVIEW. WHEREAS, the Planning Commission adopted Resolution 2179 on June 25, 1987 approving Tentative Parcel Map 17750 to allow subdivision of a 43.3 acre site into eight parcels subject to 46 conditions which established allowable land use, building intensity standards and parking requirements for development of each parcel; and WHEREAS, the conditions imposed by Resolution 2179 amend and supercede the standards of the underlying Commercial - Manufacturing zone (C -M); and WHEREAS, Condition 45 of Resolution 2179 states that permitted uses within the subdivision are limited to light manufacturing, warehouses and distribution centers; and WHEREAS, Condition 43 of Resolution 2179 further establishes and requires that all uses proposed on all parcels shall be subject to an administrative site plan review by the Director of Planning (now the Planning Manager) in conformance with: (a) The El Segundo Municipal Code. (b) The purpose and intent of the approval of Tentative Map 17750 (Resolution 2179) and the findings and mitigation measures of Environmental Assessment EA -126 (Resolution 2177). (c) All conditions of approval of Tentative Parcel Map 17749 (Resolution 2178) Tentative Parcel Map 17750 and Environmental Assessment EA -126 (Resolution 2177) including development standards and Floor Area Ratios (FARs). WHEREAS, on October 15, 1987 the applicant, United Parcel Service ( "UPS" or "Applicant"), submitted an application to construct a 311,500 square foot subregional parcel distribution center on three legal lots of record totalling approximately 23.7 acres in size; and WHEREAS, in November of 1987 the Environmental Quality Board for the City determined that a focused Environmental Impact Report ( "EIR ") would be required for the proposed project; this determination was appealed to the City Council which upheld the Environmental Quality Board determination on December 3, 1987 thus requiring an EIR; and WHEREAS, a focused Environmental Impact Report was prepared on the project. Thereafter the EIR was certified by the Planning Commission. The appeals period for challenging certification of the EIR has passed. On January 25, 1990 the Planning Commission denied Environmental Assessments EA -147 and EA -231, the site plan review application and the lot merger and consolidation of Lots 6, 7 and 8 of Tentative Parcel Map No. 17750, as recorded in Resolution No. 2269. Thereafter, applicant filed this appeal of the Planning Commission denials; and • WHEREAS, on May 15, June 5 and July 17, 1990 at a duly noticed meeting the appeal was taken up by the El Segundo City Council after presentations by City staff and the applicant; and WHEREAS, at said hearing the following facts and findings were established: 1. The proposed project, based upon traffic projections and analysis, will have a substantial impact upon the environment by increasing traffic during peak hours at two, or possibly three intersections, rated D or less by more than 2% of existing traffic levels. The intersections affected are: Hughes Way and Sepulveda Boulevard; Sepulveda Boulevard and El Segundo Boulevard; and El Segundo Boulevard and Douglas Street. 2. The methodology employed in the calculation of traffic projections for the proposed project in the focused EIR, prepared for the project and supplemental traffic studies prepared by the City's traffic consultant has provided the most reliable traffic estimates presented to the Council on this matter. This methodology takes into account maximum potential intensity for the proposed use and takes into account the variable functions which may be performed at a UPS facility such as that proposed. This methodology also relies upon actual numerical data gathered at existing UPS sites similar to the proposed project and employs a minimum of mathematical factoring to skew or bias the resulting projections. The methodology employed by UPS is heavily factored using variables over which the City would have minimal or no control (e.g. number of employees) and is therefore more skewed and less reliable. 3. Because of the siting of the proposed development and the limited access thereto mitigation measures which would lessen the impact of the traffic to be generated by the proposed project are not feasible. Those proposed by the applicant (i.e. monetary penalties for exceeding specified traffic levels) fail to actually mitigate the negative environmental impact of the additional traffic. 4. The proposed project is anticipated to generate approximately 5,310 trips per day. 1 5. The projected increase in traffic during peak hours at intersections with ratings of D through F were: Hughes Way and Sepulveda Boulevard 2.4 %; Sepulveda Boulevard and El Segundo Boulevard 6.7%; Douglas Street and El Segundo Boulevard 2.1%. Each of these intersections has a rating of D or lower. Under the City's environmental standards these increases constitute a significant environmental impact as defined in the California Environmental Quality Act ( "CEQA" ). 6. Under the CEQA Guidelines when a project has a significant impact on the environment that impact must be mitigated. If the impact cannot be mitigated the approving agency must find that the benefits of the project outweigh the adverse environmental effects in order to approve the project. No measures have been presented to adequately mitigate the adverse impacts of the project. No evidence of any benefits of the project which would outweigh its negative environmental impact has been provided. No inference can be made that such benefits exist from the evidence presented. It is thus not possible to make a statement of overriding considerations regarding the project. 7. The proposed project is inconsistent with the conditions of Tentative Parcel Map 17750 in that it would generate significantly more traffic than the maximum threshold of 2,604 trips per day identified in the Environmental Review of Parcel Map 17750. In addition, the proposed project would require a lot merger because it occupies Lots 6, 7 and 8 of the map. Approval of the project would therefore forego the setbacks, light and air that would have been distributed among individual buildings on the three lots as envisioned under Parcel Map 17750. The visual impact of one massive building covering the three lots, versus having individual buildings on each of the three lots with the applicable setbacks as required under Parcel Map 17750, would provide a less desirable aesthetic appearance and emphasize the massiveness of the project by eliminating the required open space between the buildings. These impacts are directly contrary to those envisioned by the requirements of Parcel Map 17750. 8. The project as proposed is inappropriate for the site because of its scale, its location • with respect to the local and regional circulation systems, and its acumulative impact on the City's traffic congestion. 9. The proposed project is inconsistent with the circulation element of the City's General Plan in that its implementation would result in significant reduction of levels of service on key streets and intersections surrounding the project. The goals set forth in the circulation element of the City's General Plan provide for approval of projects which will not contribute to the degradation of existing intersections which will increase traffic in phases which are consistent with the phased improvements to the City's circulation system. 10. The project is inconsistent with specific goals, policies and objectives of the City's General Plan as follows: A. To keep traffic on all streets in balance with the capacity of the circulation system through regulation of the magnitude of land use in conformance with the General Plan. (Circulation Element, page 3 -4) B. Use of a Transportation Systems Management program to handle projected trips in the area. (Circulation Element, page 2 -5) C. Capital contributions for roadway improvements identified in the focused EIR have not been proposed. (Circulation Element, page 2 -6) • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Segundo does hereby deny the appeal of United Parcel Service regarding Environmental Assessments EA -147 and EA -231, Subdivision 90-2, and the Administrative Site Plan Review for said projects and upholds the denial of each of the aforesaid by the City Planning Commission. rl L_ PASSED, APPROVED AND ADOPTED this 7th day of August , 1990. ATTEST: (SEAL) 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. 3653 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 7th 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)