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CC RESOLUTION 4028RESOLUTION NO. 4028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING PRECISE PLAN AMENDMENT 97 -2 TO AMFND PRECISE PLAN 8, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -394 AND ADOPTING A MITIGATION MONITORING PROGRAM, TO ALLOW A MCDONALD'S DRIVE -THRU RESTAURANT, A REBUILT CHEVRON SERVICE STATION AND A FOODMART AT 101 SOUTH SEPULVEDA BOULEVARD. PETITIONED BY CHEVRON USA PRODUCTS COMPANY. WHEREAS, an application has been received from Chevron USA Products Company, requesting approval of an Environmental Assessment and an Amendment to a Precise Plan to allow the development of a McDonald's drive -thru restaurant, a Chevron Service station with 12 fueling positions, and a Chevron foodmart on 1.27 acres located at 101 South Sepulveda Boulevard in the Heavy Industrial (M -2) Zone; and WHEREAS, an Environmental Assessment (EA -394), including a Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed use, has been 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 has 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 No. 3805); and WHEREAS, a Traffic Impact Study was conducted to evaluate all transportation and circulation impacts associated with the project and submitted with the application; and WHEREAS, a Parking Demand Analysis was conducted to evaluate all parking impacts associated with the project and submitted with the application; and WHEREAS, an Air Quality Assessment was conducted to estimate the air pollution emissions which will be generated by the project to evaluate any potential air quality impacts associated with the construction and operation of the facility and submitted with the application; and WHEREAS, a Fiscal Impact Analysis to evaluate the project costs versus project revenues and the project's impact on City services was conducted by City Staff; and WHEREAS, and Environmental Site Investigation was submitted by the applicant, which examined potential subsurface soil contamination on the property; and WHIMEAS, on July 24, 1997, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; the Planning Commission adopted Resolution No. 2397, recommending approval of the Precise Plan Amendment and Environmental Assessment; and WHEREAS, on August 5, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -394 and Precise Plan Amendment 97 -2; and 11fflEREAS, at said hearing the following facts were established: 1. The applicant is proposing to construct a new 3,341 square foot McDonald's drive -thru restaurant, a 1,795.5 square foot Chevron Foodmart, and Chevron Service Station with 12 fueling positions at 101 South Sepulveda Boulevard. No outdoor dining or alcohol sales are proposed. The restaurant is proposed to operate from 5:00 am to 12:00 am (midnight) Sunday through Thursday and 5:00 am to 1:00 am on Friday and Saturday. The drive -thru is proposed to operate twenty -four (24) hours a day, seven (7) days a week. While there are three windows deigned to allow "face -to- face" ordering payment and pick -up, ordering will usually take place from menu board /speaker box located west side of the building with the drive -thru queue on the west and south side, and pick -up window on the south side of the building. The building is one story and 22 feet maximum in height. 2. The lot currently has a Chevron Service Station with 14 fueling positions, a four -bay automobile service center, and a 240 square foot cashier kiosk. The existing structures will be demolished. 03. Access to the site would be provided by two existing driveways on Sepulveda Boulevard, one existing driveway on El Segundo Boulevard and one new 37 foot wide driveway on Sepulveda Boulevard. Additionally, a 30 foot wide existing driveway on El Segundo Boulevard closest to Sepulveda Boulevard would be eliminated. A 13 foot wide by 50 foot long loading zone is proposed on the east side of the building and 45 total parking spaces would be provided, including 43 standard spaces and 2 handicapped spaces. 4. No new fences or walls are proposed; the existing 6 foot high chain link fence on the south and west sides of the property are proposed to remain. The total site landscaping would be approximately 11,110 square feet in area, covering 20% of the total site. S. A total of sixty (60) to seventy (70) employees would occupy the site; with a total of ten (10) to twenty (20) employees per shift. 6. The proposed FAR would be 0.09, well below the 0.6 FAR limit. All development standards required by the Heavy Industrial (M -2) Zone would be met with the exception of the width of the new parking lot driveway, the number of parking spaces provided, and the number of trees in the Vehicular Use Area and street side setbacks. The proposed development is on a 1.27 acre portion of a larger 625.24 acre section of the Chevron Oil Refinery. The property would be leased to the operators of the McDonald's /Chevron. No division of land is proposed or required by the Subdivision Map Act. 7. The surrounding area to the west and south is developed as the Chevron Oil Refinery, with Is an employee park and a fitness center adjacent to the project. A landscape strip approximately five (5) feet to nine (9) feet in width would then separate the project parking lot from adjacent portions of the Chevron Oil Refinery. To the east is a single -story 2 • commercial shopping center across Sepulveda Boulevard, and there is a vacant three story office, research and development building across El Segundo Boulevard to the north. To the northeast are the 22 story Pacific Corporate Towers, containing 1,683,056 square feet of office uses. The properties to the north across El Segundo Boulevard are zoned Medium Manufacturing (MM), Public Facilities (PF), and General Commercial (C -3), to the south and west is zoned Heavy Industrial (M -2), to the east across Sepulveda Boulevard is zoned Open Space (OS), Parking (P), and General Commercial (C -3), and to the northeast across El Segundo and Sepulveda Boulevards is zoned Corporate Office (CO). 8. The project site is located within the southwest portion of the City of El Segundo, approximately one mile west of the San Diego (I -405) Freeway and two miles south of the Glenn Anderson (I -105) Freeway and Los Angeles International Airport (LAX). The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Nash Street is located approximately one -half mile to the east of the project site. 9. The existing buildings, uses and development standards were approved under a Precise Plan (PP -8) in 1971, later renumbered as Precise Plan 71 -12 and 71 -13 for the redevelopment of an older service station and the construction of a training center adjacent to the service station. The training center building is currently used as a fitness center by Chevron employees and is located directly west of the proposed parking lot at the south end of the project. 10. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental and affected agency review. No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to traffic /circulation, risk of upset, air quality and public services. 11. The Fiscal Impact Analysis, utilizing the City's Fiscal Impact Model, indicates that the project will generate a fiscal surplus for the City of approximately $375,400 during its first five years, after consideration of City service costs. SECTION 1. AFTER CONSIDERING THE ABOVE FACTS, TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA- 394 AND PRECISE PLAN AMENDMENT 97 -2, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS FOR THE PROPOSED PROJECT AND AMENDMENT TO PRECISE PLAN 8: ENVIRONMENTAL ASSESSMENT 1. The Draft 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 will be 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 . 3. That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, 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 in AB 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. PRECISE PLAN 1. That the proposed location of the project is in accord with the purposes of the zone in which the site is located. The proposed project is consistent with the intent of the Heavy Industrial (M -2) Zone which refining, construction yards, factories, and heavy manufacturing uses. The proposed project adds restaurants with drive -thru operations, and retail sales to the permitted uses stated in Precise Plan 8 (PP 71 -12 & 71 -13). 2. Precise Plan 8 (PP 71 -12 & 71 -13), which established the design of the existing facilities and the placement of essential related facilities such as parking, traffic circulation, and loading, is not significantly altered by the proposed amendment. The traffic will still access the site from three of the four original locations with an additional driveway at the south end of the project site. 3. The amendment to allow the proposed restaurant and foodmart to provide 45 parking spaces instead of 51 parking spaces as required by the current Zoning code, based on the submitted Parking Demand Analysis, the amendment to allow the placement of 7 trees in the 36,218 square foot Vehicular Use Area (VUA) instead of the 12 trees required by the Zoning Code, the amendment to provide 5 and 8 trees in the in the El Segundo Boulevard and Sepulveda Boulevard street side setbacks, respectively, instead of 7 and 11 trees in the respective setbacks, and the amendment to allow the new driveway to exceed the required 30 foot maximum width by 7 feet are consistent with the purposes of a Precise Plan which, like a Specific Plan or a Planned Residential Development, provides the flexibility to allow for deviation from specific site development standards to achieve the overall design for the site. GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the following General Plan Economic Development objectives and policies: ED 1 -1.1, ED 1 -2.1, ED 1 -2.2, and ED 1 -2.3, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity. 2. That the proposed use is consistent with the following General Plan Land Use Goals, Policies and Objectives: LU 1 -5.6, LU 1 -5.7, LU 3 -2.3, LU 4 -1, LU 4 -1.1, LU 4 -1.2, LU 4 -1.4, • LU 7 -1.2 and LU 7 -2.3. These issues relate to providing a stable tax base, providing landscaping, providing high quality retail facilities in proximity to employment centers, insuring seismic safety, providing good accessibility to transportation routes, encouraging 2 . alternative transportation modes, and requiring adequate public facilities and underground utilities. 3. The proposed use is consistent with the following General Plan Goals, Policies and Objectives related to circulation: C -1, C 1 -2, C 1 -1.8, C 1 -1.13, C 1 -1.15, C 1 -1.16, C 2 -1, C 2 -1.6, C 2 -2.2, C 3 -1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, C 3 -2.1, and C 4 -1.2. These issues identify the need for full examination the providing for the present and future circulation needs of the City, implementation of Master Plan roadway improvements, evaluation of project impacts, protecting right -of -way to accommodate future growth, upgrading substandard streets, provide a safe and convenient pedestrian circulation system, encouraging facilities designed for easy pedestrian access, bicycle facilities, full mitigation of all project - related circulation impacts, requiring developers to pay for mitigation measures, integration of transportation with land uses and surrounding environments, adequate pedestrian and bicycle access, adequate parking, evaluation of project impacts on CMP routes, and evaluation of circulation system impacts. 4. The proposed use is consistent with the following General Plan Goals, Policies and Objectives related to air quality: AQ 6 -1.1, AQ 10 -1, AQ 10 -1.2, and AQ 10 -1.3, which relate to truck delivery schedules, paving parking lots, encouraging energy conservation features in the design of new projects, and requiring conformance with the SCAQMD PM10 standards. SECTION 2. THE CITY COUNCIL HEREBY APPROVES AND ADOPTS THE FOLLOWING AMENDMENTS TO PRECISE PLAN 8 SUBJECT TO THE CONDITIONS SET FORTH IN SECTION 3 OF THIS RESOLUTION: 1. Drive -thru restaurants and retail sales are permitted uses under Precise Plan 8. 2. The development standards for Precise Plan 8 are those set forth in the plans for the proposed project, dated July 1, 1997, including any revisions to said plans pursuant to Condition 1 of Section 3 of this Resolution. In particular, there shall be a minimum of 7 trees in the Vehicular Use Area and a minimum of 5 and 8 trees in the El Segundo Boulevard and Sepulveda Boulevard stree side yard setbacks, respectively. 3. The design of the existing facilities and the placement of essential facilities such as parking, traffic circulation and loading are as set forth in said plans and pursuant to Condition No. 9 of Section 3 of this Resolution. In particular, the required parking for the Precise Plan includes reduced parking, based on a Parking Demand Analysis, as set forth in Condition No. 23 of Section 3 of this Resolution. The width of the proposed driveway at the south end of the proposed parking lot may be maximum of 37 feet wide, as set forth in Condition No. 23 of Section 4 of this Resolution. SECTION 3. THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA -394, AND ADOPTS AND CERTIFIES A MITIGATED NEGATIVE DECLARATION OF THE PROPOSED PROJECT SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: • 1. Prior to approval of the building plans, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a 5 • determination regarding the need for Planning Commission review of the proposed modification. 2. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time library services mitigation fee of $0.03 per gross square foot of building floor area for each building. 3. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0.14 per gross square foot of building floor area for each building. 4. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0.11 per gross square foot of building floor area for each building. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a Traffic Impact Mitigation Fee, pursuant to City Council Resolution No. 3969, to the Department of Public Works,. 6. Prior to approval of the building plans, the applicant shall submit a Security Plan, including a complete exterior lighting plan, to the Police Department for review and approval. The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate. . 7. A Landscaping and Irrigation Plan shall be submitted by the applicant to the Directors of Planning and Building Safety and Recreation and Parks and the Police Chief prior to approval of the building plans. All landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner. The Landscape Plans shall be revised to include 1 shade tree for every 5,174 square feet of Vehicular Use Area (VUA). A minimum of 5 shade trees must be located along the El Segundo Boulevard street frontage and 8 shade trees must be located along the Sepulveda Boulevard street frontage. The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan shall be reviewed and approved by the Director of Planning and Building Safety and Director of Recreation and Parks and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy. 8. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General Plan, as well as to ensure that signs do not impede traffic or pedestrian safety. The Master Sign Plan shall be subject to the approval of the Director of Planning and Building Safety and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy. 9. The applicant shall submit a Circulation Plan, prior to approval of the building plans, to be reviewed and approved by the Directors of Public Works and Planning and Building Safety which contains, but is not limited to, the following provisions: iA. The eastern most driveway on the El Segundo Boulevard side of the property shall be removed and replaced with sidewalk, curb and gutter; B. Signs which limit left -turn ingress to the project from westbound El Segundo Boulevard and left -turn egress onto westbound El Segundo Boulevard from the existing driveway at the west end of the site shall be prohibited from 6:00 a.m. to 6:00 p.m. Monday through Friday, excluding Holidays shall be installed; C. The area in front of the drive -thru, within the 25 foot wide drive aisle, shall be striped and labeled as "keep clear" to prevent vehicles from blocking the area which could create a traffic safety hazard; and, D. Caltrans approval for all work to be performed in the Sepulveda Boulevard (State Route 1) right -of -way. All required Circulation Plan elements shall be installed prior to issuance of a Certificate of Occupancy. 10. A circulation and traffic review will be required a minimum of six (6) months to a maximum of twelve (12) months after the issuance of the Certificate of Occupancy for the site. The definition of a "review" involves the preparation of a study for the actual operating restaurant, foodmart, and service station identical to that performed for the development of the site. Additionally, the review shall include reporting of any accidents or other vehicular conflicts related to the fuel delivery operations and /or any other on -site circulation problems. The findings shall be submitted to the Departments of Planning and Building Safety, Public Works, Police and Fire for review and approval. If necessary, the • drive -thru and other operations will be modified to maintain clear circulation and access at all times or other mitigation that the City deems appropriate will be required. 11. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. Gates for site fencing shall be located at driveways and shall not open over sidewalk /public right -of -way. A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building safety prior to installation. 12. All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. 13. Prior to approval of the building plans, plans shall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 14. Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul -off. Permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. • 15. If new sewer laterals are required and constructed in the public right -of -way they shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe ". Each lateral shall have a six (6) inch clean -out brought to grade at the property line and securely 7 • capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer'. If in a traffic area, cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) inch wyes may be reused if approved by the Director of Public Works. 16. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times. Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. 17. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A.C. pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk. 18. The applicant shall submit the appropriate documentation to show conformance with or exemption from the state Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the . Director of Public Works prior to the approval of the building plans. 19. The applicant shall develop the property pursuant to applicable provisions of the City's Water Conservation Ordinance. 20. The removal and relocation of any underground storage tanks (UST's) shall be required to comply with all applicable State and Federal requirements for UST's, which will include additional soil sampling around the existing tanks and associated piping to the dispensing islands. If additional soil contamination is discovered, remediation may be required. 21. Should any previously un- recorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Planning and Building Safety will be notified immediately. At the owner's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Planning and Building Safety prior to the commencement of work 22. 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). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. 23. The proposed restaurant and foodmart shall be allowed to have a minimum of 45 parking spaces, based on a total floor area of 5,137 square feet. • 24. The proposed driveway at the south end of the proposed parking lot shall be a maximum width of 37 feet. NO 25. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -394 and Precise Plan Amendment 97 -2. SECTION 4: The City Clerk shall certify to the passage and adoption of this Resolution; shall entered the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this Sth day of August 1997. ATTESTED: i Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, Attorn Y. Y Y 0 pi _ - Sandra Jacoyor of the City Qf E Segundo, California / EA394- cc.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. 4028 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 5th day of August, 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon 0 NOES: None ABSENT: None ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 7th day of August, 1997. ora Freeman, Deputy City Clerk of the City of El Segundo, California (SEAL)