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CC RESOLUTION 4014RESOLUTION NO. 4014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -4049 CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, AND ADOPTING A MITIGATION MONITORING PROGRAM TO ALLOW A GROUNDWATER HANDLING PROJECT IN THE HEAVY INDUSTRIAL (M -2) ZONE AT 720 WEST EL SEGUNDO BOULEVARD. PETITIONED BY: CHEVRON PRODUCTS COMPANY. WHEREAS; an application was received from the Chevron Products Company requesting approval of an Environmental Assessment to allow a Groundwater Handling Project, which is the expansion of the existing Effluent Treatment Plant (ETP) in the Heavy Industrial (M -2) Zone, to accommodate the incremental groundwater that requires biological treatment to meet Chevron's National Pollutant Discharge Elimination System ( NPDES) Permit; and WHEREAS, an Environmental Assessment (No. EA -404), including an Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed project, was prepared and circulated to all interested parties, Staff, and affected public agencies for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission reviewed the application and supporting evidence 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 3805); and WHEREAS, at a duly scheduled and public noticed meeting of the Planning Commission of the City of El Segundo on April 24, 1997, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street; and WHEREAS, at said hearing, opportunity was given to all persons present to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -404; and WHEREAS, on April 24, 1997, the Planning Commission adopted Resolution No. 2392 approving Environmental Assessment EA -404; and, WHEREAS, On May 5, 1997, within the ten (10) day appeal period after the April 24, 1997 Planning Commission decision an appeal of the Planning Commission's approval of Environmental Assessment EA -404, was filed ')y Ms. H. Margarete O'Brien, a resident of Manhattan Beach; and WHEREAS, on May :A, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on the appeal, and notice of hearing was given in time, form and manner prescribed by law; and 1 WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No. EA -404; and WHEREAS, at said hearing the following facts were established: 1. The proposed Groundwater Handling Project is the expansion of the existing Effluent Treatment Plant (ETP) to accommodate the 540 gallons per minutes (gpm) incremental groundwater that requires biological treatment to meet Chevron's National Pollutant Discharge Elimination System ( NPDES) Permit. 2. Extracted groundwater is currently treated and discharged through the existing refinery waste water treatment system. 3. In order for the applicant to comply with the State Regional Quality Control Board Clean-up and Abatement Order No. 8855, the proposed treatment system, for full treatment of the additional extracted groundwater, should be completed by April 1, 1998. 4. The proposed project w! 11 include: a) installation of 10,000 linear feet of above -grade piping for collecting and transporting the groundwater from new well sites to an existing oil- storage tank (T- 172) located near the ETP; b) installation of 1,000 linear feet of primarily above -grade piping (with 25 feet below grade) to transport the groundwater into an existing Equalization Basin (T- 500). The groundwater stored in the T -500 Basin will be biologically treated and discharged via an existing outfall line and diffuser into Santa Monica Bay; c) conversion of the existing T -500 . Basin to an Aeration Basin, which will be accomplished by increasing the air - distribution piping located at the bottom of the Basin; and d) installation of a new air blower to provide the incremental air supply to the converted basin. The new air blower (K -500 C) will be identical in size (8,200 scfm with a 450 HP motor) to the larger of three (3) existing air blowers. 0 5. The proposed project would be located on the Chevron Refinery, which is in the Heavy Industrial (M -2) Zone. The proposed project is an expansion of an existing permitted use. 6. The properties to the north across El Segundo Boulevard are manufacturing and commercial businesses and multi - family residential uses. Located to the east, across Sepulveda Boulevard are the City Golf Course, commercial and industrial uses, and to the west across Vista Del Mar are public beaches. To the south of the Refinery are the City of Manhattan Beach residential properties. The project site will be located 500 feet from Vista del Mar to the west, 650 feet from Grand Avenue to the north, 4,500 feet from Rosecrans Avenue to the south, and 8,100 feet from Sepulveda Boulevard to the east. 7. Construction of the pipeline will take approximately seven (7) months, and is scheduled to begin in June 1997 and be completed by December 1997. 8. Three other possible alternatives to the proposed project were considered with respect to treatment effectiveness, reliability, proven technology, impact on existing operation, pilot testing requirements, construcUbility and finally capital and operating costs. The alternatives were not suitable for adequate biological treatment of the additional 540 gpm of groundwater, and still satisfy the NPDES discliarge permit requirements. 7 • 12. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, an Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental and affected agency review, and was available for public review and comment. No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to transportation /circulation. 13. The appellant did not appear at the City Council Public Hearing. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No. EA -404, the City Council makes the following findings: ENVIRONMENTAL ASSESSMENT The Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact has been prepared pursuant to the California Environmental Quality Act (CEQA); and, 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, • 3. That the City Council hereby authorizes the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimis finding pursuant to California Assembly Bil (AB) No. 3158 and the California Code of Regulations. Within ten (10) days of this approval, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved for in AB No. 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. ZONING CODE AND GENERAL PLAN CONSISTENCY 1. The project site is zoned M -2 (Heavy Industrial). The proposed project is consistent with the zoning in the area, since it is an expansion of an existing permitted use. 2. The General Plan Land Use Designation for the project site is Heavy Industrial (M -2). The proposed project is consistent with the General Plan Land Use Designation of Heavy Industrial, and goals, policies, and objectives of the Conservation, Public Safety, and Land Use Elements of the General Plan (Goal CN3, Policy CN3 -1, Policy CN3 -2, Policy CN3 -3, Policy CN3 -4, Objective PS4 -1, Policy PS4 -1.1, and Policy LU5 -2.3). NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the appeal, upholds the Planning Commission decision; and approves Environmental 'Assessment No. EA -404 subject to the following conditions and mitigation measure: 3 1. Prior to issuance of permits, the applicant shall submit to the Director of Planning and Building Safety a complete construction plan for review and approval. The plan shall include, but not be limited to construction hours, construction trailer location, construction and staging areas, construction crew parking, and construction methods. 2. Construction equipment and supplies may arrive and exit only during off -peak hours (9:00 am to 4:00 pm and 6:00 pm to 7:00 am). 3. During construction, dust control measures shall be required in accordance with the City's Dust Control Ordinance. Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e. over 15 miles per hour). If during excavation or construction, it is determined that it is not feasible to use the excavated soil on -site, then it would be hauled off to an appropriate off -site location. Any hauling trucks shall have loads covered or wetted and loaded below the sidebcards to minimize dust. SECTION 1. The City Clerk stall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book o ? original resolutions of said City; and shall make a minute of the passage and adoption thereof in the reco-ds if the proceedings of the City Council of said City, in the minutes of meeting which the same is pass,;d and adopted. Ll PASSED, APPROVED AND ADOPTED this 3rd day of June 1997. ATTESTED: Cir dy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. ensley City Attorney 4 Sandra Jacobs, a yor Of the City of el Segundo, California EA404cc.RES CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] 'SS CITY OF EL SEGUNDO'' ] I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the, whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 4014 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City 'Clerk of said City, all at a regular meeting of the said Council held on the 3rd day of JUNE, 1997, and the same was so passed and adopted by the following vote: a AYES: NOES: ABSENT: ABSTENTION: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon NOT PARTICIPATING: done WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 5th day of June,1997. ra Freeman, Deputy City of the City of El Segundo, California (SEAL)