CC RESOLUTION 4041RESOLUTION N04041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION TO
CONFU M THE DIRECTOR OF PLANNING AND BUILDING SAFETY'S
DETERMINATION THAT LEADER MUTUAL FREIGHT SYSTEM IS A
"FREIGHT FORWARDING" USE WHICH REQUIRES APPROVAL OF A
CONDITIONAL USE PERMIT AT 120 STANDARD STREET (ADMINISTRATIVE
DETERMINATION 97 -17). PETITIONED BY: LEADER MUTUAL FREIGHT
SYSTEM, INC.
• WHEREAS, on July 1, 1997, an application was received from Leader Mutual Freight System,
• Inc.requesting approval of a Businesses License to allow the operation of a "warehouse and
distribution "company in a 12,000 square foot building at 120 Standard Street in the Small Business (SB)
Zone; and,
WHEREAS, on August 27, 1998, the Director of Planning and Building Safety determined,
pursuant to Section 20.72.020 of the El Segundo Municipal Code, that the proposed use required a
Conditional Use Permit as a freight forwarding use; and,
WHEREAS, the Planning Commission has reviewed Administrative Use Permit 97 -17 and the
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, on August 28, 1997, the Planning Commission did, pursuant to law, confirm the
determination of the Director of Planning and Building Safety that the proposed use was not a permitted
"warehouse and distribution" use, but a "freight forwarding" use which requires approval of a Conditional
Use Permit; and,
• WHEREAS, on September 8, 1997, within the codified ten (10) day appeal period, an appeal of
• the Planning Commission's action on Administrative Determination AD 97 -17 was filed by Leader Mutual
Freight System, Inc.; and,
WHEREAS, on October 7, 1997, the City Council did hold, pursuant to law, a duly advertised
public hearing on the appeal, and notice of hearing was given in the time, form and manner prescribed
by law; and,
WHEREAS, at said hearing, opportunity was given to all persons present to present testimony
or documentary evidence for or against the findings of Administrative Determination AD 97 -17; and,
WHEREAS, at said hearing the following facts were established:
1. On July 1, 1997, the applicant submitted a businesses license application to allow a business
described as "warehouse and distribution" to be located in a 12,000 square foot building at 120
Standard Street in the Small Business (SB) Zone.
2. The proposed business began operations at 120 Standard Street prior to receiving approval of a
business license to conduct business in the City.
3. At the request of Planning Division staff, the applicant submitted a Supplemental Information
Form on July 15, 1997, and three subsequent letters, dated August 12, 18, and 27, 1997, which
described the business operations in greater detail than provided on the Business License
Application.
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4. The Department of Planning and Building Safety received a number of complaints related to the
trucking activities of the proposed business.
5. An inspection of the property by staff of the Department of Planning and Building Safety on July
30, 1997, confirmed that the business had begun operations without receipt of the appropriate City
approvals; and, that construction work to build a retaining wall and concrete pad behind the rear
of the building had begun without the issuance of a Building Permit.
6. Section 20.42.040 of the EI Segundo Municipal Code states that freight forwarding uses in the
SB Zone require approval of a Conditional Use Permit.
• NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts of Administrative
Determination AD 97 -17, the City Council finds as follows:
• 1. The Planning Commission's review of the determination of the Director of Planning and Building
Safety constituted a thorough evaluation of the evidence presented by the applicant and the
Department of Planning and building Safety.
i
•
2. The information provided by the applicant indicates that the proposed business operations consist
of freight forwarding uses, not just warehouse and distribution uses.
3. The inconsistent information provided by the applicant with respect to the trucking activities,
combined with testimony and complaints received from the public leads to the conclusion that the
trucking activities should be evaluated in more detail through the Conditional Use Permit Process.
4. The applicant began business operations in the City prior to obtaining a business license to
conduct business in the City, in violation of the El Segundo Municipal Code. The City is not
responsible for expenses incurred by the applicant for tenant improvements or other costs
associated with operating in the City in violation of the El Segundo Municipal Code.
SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby upholds the
Planning Commission's decision on Administrative Determination AD 97 -17 that the proposed use is a
freight forwarding operation which requires approval of a Conditional use Permit.
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 of 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 7th day of October , 1997.
Sandra Jacobs., ayor
of the City ofdif Segundo,
Aezo, a California
z
APPROVED �S TO FORM:
Mark 13 Hensley
City Attorney
pAprojects1ad97- 17\ad97- 17.res
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0
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. 4041 was duly passed and
adopted by the said City Council, approved and signed by the Mayor ProTem or said
City, and attested by the City Clerk of said City, all at a regular meeting of the said
Council held on the 21st day of October, 1997, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
• ABSENT:
• ABSTENTION:
NOT PARTICIPATING:
Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
None
None
None
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 22nd day of October,
1997.
Aindesen, ity Clerk
Vof the City of El Segundo,
California
(SEAL)
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