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CC RESOLUTION 40350 RESOLUTION NO. 4035 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, UPHOLDING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF ENVIRONMENTAL ASSESSMENT EA -393 AND CONDITIONAL USE PERMIT CUP 96 -6, THEREBY APPROVING THE PROJECT, TO ALLOW AN EXISTING FREIGHT FORWARDER TO CONTINUE ITS BUSINESS OPERATIONS WITHIN AN EXISTING 7,820 GROSS SQUARE FOOT BUILDING IN THE SMOKY HOLLOW SMALL BUSINESS (SB) ZONE AT 129 SIERRA STREET. PETITIONED BY: MR. MAS TAKAHASHI, REPRESENTATIVE FOR TAS AIR CARGO (USA) INC. WHEREAS, on August 8, 1996, applications were received from TAS Air Cargo (USA) Inc., requesting approval of an Environmental Assessment, Conditional Use Permit and Variance to allow an existing freight forwarding business to continue its operation within an existing 7,820 gross square foot building (7,701 net square feet) and to allow a reduction of three (3) required off - street parking spaces on the site, in the Smoky Hollow Small Business (SB) Zone at 129 Sierra Street; and, WHEREAS, an inter - departmental correspondence was prepared and circulated along with the applications and plans for the proposed use, for inter - departmental comments; and, WHEREAS, the Planning Commission reviewed the applications 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, on January 30, 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; and, WHEREAS, at said hearing, opportunity was given to all persons present at the Commission meeting to speak for or against the findings of Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5; and, WHEREAS, at said hearing, the Planning Commission Denied Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5 as a result of a tie -vote on the Conditional Use Permit, and a 0 -4 vote on the Variance; and WHEREAS, on February 6, 1997, an appeal of the Planning Commission's Denial of Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5 was filed by Mr. Mas Takahashi, Representative for TAS Air Cargo (USA) Inc., within the ten (10) day appeal period after the January 30, 1997 Planning Commission meeting; and, . WHEREAS, on April 28, 1997, the applicant withdrew the Variance application after the applicant recalculated the net floor area of the office, warehouse and storage uses of the building, and redesigned the parking lot layout to provide the required number of off - street parking spaces (13 spaces required, 15 provided); and, WHEREAS, on July 15, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing of the appeal in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearing was given in time, form and manner prescribed by law; and, WHEREAS, at said hearing, opportunity was given to all persons present at the meeting to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6; and, WHEREAS, at said hearing, the City Council directed Staff to refer this project back to the Planning Commission to obtain additional information since the appeal no longer included the Variance application, and the Council continued the public hearing on the appeal to September 2, 1997; and, WHEREAS, on August 14, 1997, the Planning Commission did hold, pursuant to law, and as requested by the City Council, 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, at said hearing, the Planning Commission provided additional information and recommended that the Council consider approval of the project with conditions on a 2 -0 -1 vote; and, • WHEREAS, on September 2, 1997, the City Council did hold, pursuant to law, a duly advertised continued public hearing of the appeal in the Council Chamber of the City Hall, 350 Main Street, and notice of the continued hearing was given in time, form and manner prescribed by law; and, WHEREAS, at said hearings the following facts were established: 1. The proposed project is to allow an existing freight forwarder, currently operating without City approval, to continue its business operations within an existing 7,820 gross square foot building (7,701 net square feet), located in the Smoky Hollow Small Business (SB) Zone. 2. Thirteen (13) parking spaces are required on the 11,440 square foot site (80 feet wide x 143 feet deep) and fifteen (15) parking spaces will be provided (6 spaces in the front and 9 spaces in the back). Furthermore, there are 3 loading doors - 2 dock -high doors and 1 (unpermitted) drive -in dock door. 3. The building was formerly used by Ameritel for wholesale distribution and retail sales of telecommunication equipment, and, prior to that, by Concordia, an international freight forwarder. The prior occupants had 12 and 11 employees respectively, whereas the proposed use has only five (5) employees. E 4 035 . 4. Approximately 5,391 square feet of the two -story building is used for warehousing and approximately 2,310 square feet is used for office space. 5. The proposed use would generate approximately 30 -38 vehicular daily trips ends. Of these trips, 3 -5 trips would be generated by 20 -24 foot trucks, and 1 trip per month would be generated by a 40 -foot truck. 6. The site is surrounded by a commercial bakery to the north, a freight forwarder to the south, a manufacturing business to the east (across Sierra Street) and a commercial launderer to the west (across the alley). 7. The lot is relatively flat and is accessed from the alley and from Sierra Street. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts of proposed Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, the City Council makes the following findings and in so doing, Approves the proposed project: ENVIRONMENTAL ASSESSMENT 1. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15301, Class 1(a), as an existing facility with no expansion, and Resolution 3085 as a ministerial exemption. • 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. 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 Minimus Impact Finding pursuant to AB 3158 and the California Code of Regulations. As approved for in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until condition is met and the required notices are filed with the County. CONDITIONAL USE PERMIT 1. The proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located, since the neighborhood surrounding the project site and along Sierra Street is predominantly developed with small industrial and manufacturing buildings with related offices, including a few small freight forwarders. The proposed use is consistent with the intent and purpose of the Small Business (SB) Zone (as established in Section 20.42.010 of the El Segundo Municipal Code) which encourages the perpetuation of small and light industrial activities and is compatible with the surrounding land uses; and, 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, since the proposed use is is not anticipated to result in the creation of any new hazards which would be detrimental 3 0 go • to the public health, safety, or welfare; or, be injurious to other properties in the vicinity. Furthermore, the project site is surrounded by similar uses which are allowed in the zone, and the use is less intense than the previous two businesses which occupied the site, the truck traffic volume generated by the facility is minimal and, adequate on -site parking and loading facilities are provided. 3. The proposed conditional use will comply with each of the applicable provisions of this Chapter since the existing building met all of the applicable development standards for the Light- Manufacturing (M -1) Zone when it was constructed in 1977 as an industrial building. Furthermore, the project site provides the required number of parking spaces as dictated by the Zoning Code. GENERAL PLAN AND ZONING CODE CONSISTENCY The site is designated and zoned SS (Small Business) in the Smoky Hollow Specific Plan area, which permits freight forwarding uses with approval of a Conditional Use Permit (Section 20.42.040(B) of the El Segundo Municipal Code). SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby upholds the appeal thereby overturning the Planning Commission's decision and approving Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6 subject to the following conditions: 1. Failure to comply with any of these conditions will result in the immediate initiation of • revocation of this Conditional Use Permit, pursuant to Section 20.74.170 of the El Segundo Municipal Code. 2. The applicant shall obtain a building permit for the unpermitted drive -in dock door at the rear of the building within 30 days of this approval, and shall obtain a "final" on the permit within 30 days after the permit is issued. 3. Total vehicular trips on the site shall be limited to a maximum of 40-45 vehicular trip ends per day. 4. At six (6) months after project approval, the Director of Planning and Building Safety shall review the total impacts of the business operation. The review shall identify compliance with conditions of approval. The applicant shall submit any studies or information deemed necessary by the Department of Planning and Building Safety to confirm compliance with the conditions of approval. The project review shall include traffic counts for the project site and the applicant shall deposit a dollar amount (to be determined by the Director of Planning and Building Safety) into a specified Trust Deposit Account, which shall be used to pay for the traffic count study. The City reserves the right to choose the traffic consultant, and have the study prepared, paid for by the funds deposited by the applicant in the Trust Deposit Account. Additionally, any unanticipated impacts may be reviewed and additional conditions placed upon the project in order to mitigate any additional unforseen project impacts. 5. The parking spaces shall be restriped by the applicant according to the approved site plan, is within 30 days of this approval. 4 4 0 6 6. All previous and current building improvements shall have valid Building Permits and /or Police and Fire Inspections, as deemed necessary by the Director of Planning and Building Safety, within 30 days of this approval. 7. The appint 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 -393 and Conditional Use Permit CUP 96 -6. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records if the proceedings of the City Council of said City, in the minutes of meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of September 1997. ATTESTED: dy Mort ity Clerk (SEAL) APPROVED AS TO FORM: -�� A 4f- Mark D. Hensley City Attorney • �1 Sandra Jacobs, 11 4or Of the City of El Segundo, California P:\projects\ea393\appeal\ea393ocl.res 5 4C 5 • CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, 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. 4036 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 16th day of Seeptember, 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilman Weston, and Councilman Gordon • NOES: None • ABSENT: Councilwoman Friedkin ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17th day of September, 1997. w indy Ma, es en, Clerk uv of the City of El Segundo, California (SEAL)