CC RESOLUTION 4105RESOLUTION NO. 4105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT NO. EA -403A, ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACTS AND APPROVING
SIX (6) "PRE- APPROVED" PUBLIC FACILITY SITES WHICH CAN
ACCOMMODATE WIRELESS COMMUNICATION FACILITIES.
PETITIONED BY: CITY OF EL SEGUNDO.
WHEREAS, the City of El Segundo is requesting "pre - approval' for eight (8) public facility sites
which can accommodate Major and /or Minor wireless communication facilities located at: 400 Lomita
Street (Site A), 348 Main Street (Site B), 640 Main Street (Site C), 150 Illinois Street (Site D), 615
Richmond Street (Site E), 2161 East El Segundo Boulevard (Site F), 1935 Hughes Way (Site G) and 223
Center Street (Site H), in the Public Facility (P -F) Zone (except for Site F, which is located in the Urban
Mixed Use - North (MU -N) Zone); and
WHEREAS, an Environmental Assessment (No. EA- 403A), including an Initial Study and Mitigated
Negative Declaration of Environmental Impacts for the proposed project, 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 and City Council have reviewed the application and
supporting evidence with the authority and criteria contained in the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the
California Environmental Quality Act (Resolution 3805); and
WHEREAS, at the duly scheduled and public noticed meetings of the Planning Commission of the
City of El Segundo on October 22, 1998 and November 12, 1998, duly advertised public hearings were
held on this matter in the Council Chamber of the City Hall, 350 Main Street; and
WHEREAS, on November 12, 1998, the Planning Commission of the City of El Segundo adopted
Resolution No. 2431, recommending approval of Environmental Assessment EA -403A to the City Council
to "pre- approve" eight (8) public facility sites which can accommodate wireless communication facilities;
and
WHEREAS, at the duly scheduled and public noticed meetings of the City Council of the City of El
Segundo on December 1, 1998 and January 5, 1999, duly advertised public hearings were held on this
matter in the Council Chamber of the City Hall, 350 Main Street; and
WHEREAS, at said public hearings, opportunity was given to all persons present to speak for or
against the findings of Environmental Assessment No. EA -403A; and
WHEREAS, at said hearings the following facts were established:
1. Section 20.62.140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve"
a list of public facility sites which can accommodate Major Wireless Communication Facilities
(WCF) with approval of a Wireless Communication Facility Permit (WCFP). This project is to
comply with that requirement.
RESOLUTION NO. 4105
APPROVING EA -403A
• 6 PRE- APPROVED WIRELESS
COMMUNICATION FACILITIES
PAGE NO. 1
2. The project was initially proposed for the "pre- approval" of eight (8) public facility sites which can
accommodate Major and /or Minor WCF, however, at the duly noticed City Council public hearing
• on January 5, 1999, the Council eliminated two (2) sites from the list [Site C: Campanile at El
Segundo High School (640 Main Street); and, Site E: Richmond Field Light Standards (615
Richmond Street)] and, the remaining six (6) sites were ranked in order of priority. The ranking,
location, property owner, type of allowable facility and allowable maximum height of each facility
are listed in Table 1 below.
•
Table 1
Site
Rank
Location
Property Owner
Type(s) of Allowable
Allowable Maximum
Facility
Height
A
4
City Water tower (400 Lomita Street)
City of El Segundo
Utility- mounted
Shall not exceed top of
water tower
B
6
Communication Tower at Fire Station
City of El Segundo
Utility- mounted
Shall not exceed
#1; future 911 Communication Facility
height of utility
at Police Station (348 Main Street)
D
3
City Maintenance Yard (150 Illinois
City of El Segundo
roof - mounted, utility-
48 feet
Street)
mounted, wall- mounted
F
2
Fire Station #2 (2161 E. El Segundo
City of El Segundo
roof - mounted, utility-
175 feet
Blvd.)
mounted, wall- mounted
G
1
West Basin Water Reclamation Plant
West Basin
ground- mounted, utility-
142 feet
(1935 Hughes Way)
Municipal Water
mounted, roof - mounted,
District
wall- mounted
H
5
LA County Flood Pump Station (223
Los Angeles County
roof - mounted, wall-
34 feet
Center Street)
mounted, utility -
mounted
Source. City of El Segundo
3. A Major facility is defined as a wireless communication facility that is either ground- mounted (such
as a monopole) or roof - mounted (i.e., situated on the roof of a building) but which exceeds the
height of the Zone in which it is located in. A Minor facility is defined as a wireless communication
facility which is wall- mounted (i.e., attached to a building's facade), utility- mounted (i.e., attached
to an existing utility, such as a light pole) or roof - mounted (but which does not exceed the height
of the Zone in which it is located in).
4. A Major or Minor wireless communication facility proposed on a "pre- approved" site requires
approval of a WCFP, which is an administrative action, not a discretionary action.
5. Sites A, B, D, G and H are located in the Public Facilities (PF) Zone and have a General Plan land
use designation of Public Facilities. Site F is located in the Urban Mixed -Use North (MU -N) Zone
and has a General Plan land use designation of Urban Mixed -Use North.
6. The Pre - Approved Site List can be amended from time to time, by Resolution, as permitted by
Section 20.62.140 (A)(1) of the ESMC.
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE - APPROVED WIRELESS
COMMUNICATION FACILITIES
PAGE NO.2
•
7. Comments about the project were received from the Public Works Department, two (2) property
owners and the West Basin Municipal Water District (WBMWD). If applicable, the comments were
included as conditions of approval in this Resolution.
8. The six (6) proposed Pre - Approved Sites are available for lease if the property owner(s) deem
appropriate.
9. The proposed project is subject to the CEQA. In accordance with State guidelines and local
requirements, an Initial Study and Mitigated Negative Declaration was prepared and circulated for
interdepartmental review, and was available for public review and comment. No significant
adverse impacts were identified which could not be mitigated to an insignificant level with
conditions, including impacts to land use and planning, geologic problems, water,
transportation /circulation, noise and aesthetics.
10. At the meeting of November 12, 1998, the Planning Commission considered staff's proposal to
allow an additional 15 feet of vertical height on Sites B and H, if it was technically necessary.
However, the Commission determined that if necessary, any requests to exceed the maximum
height on Sites B or H be presented to the Commission at a later date as a separate application
for review and consideration instead. Likewise, any requests to exceed the allowable maximum
height on any of the other pre- approved sites shall be presented to the Planning Commission for
review and approval /denial.
11. At the December 1, 1998 meeting of the City Council, the Council directed Staff to rank the eight
(8) sites according to its potential impact to the community, with the sites having the least impact
to the community ranked first and the sites with the potential of having the greatest impact to the
community ranked last. Staff's preliminary ranking is as follows: 1) G, 2) F, 3) D, 4) A, 5) E, 6) H,
7) B and 8) C.
12. At the January 5, 1999 meeting of the City Council, the Council eliminated Site C [Campanile at
El Segundo High School (640 Main Street)] and Site E [Richmond Field Light Standards (615
Richmond Street)] from the pre- approved list and ranked the remaining six (6) sites in the following
order of priority: 1) G, 2) F, 3) D, 4) A, 5) H and 6) B.
NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed
Environmental Assessment No. EA -403A, the City Council finds as follows:
ENVIRONMENTAL ASSESSMENT
1. 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 will be prepared pursuant to the 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,
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE - APPROVED WIRELESS
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PAGE NO. 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 California
Assembly Bill (AB) No. 3158 and the California Code of Regulations. Within ten (10) days after
• receiving City Council approval, the City of Segundo shall file the required certificate with the
County of Los Angeles, 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.
GENERAL PLAN AND ZONING CONSISTENCY
1. The General Plan land use designation for Sites A, B, D, G and H is Public Facilities and Urban
Mixed -Use North for Site F. The General Plan goals, objectives and policies which relate to this
project are from the Land Use, Economic Development, Open Space and Recreation, and
Conservation Elements. With regards to the Land Use Element, the following policies support this
project: Policy LU1 -5.6, which requires that all development proposals comply with the City's
Zoning Ordinance and the CEQA; Policy LU1 -5.8, which supports the use of innovative land
development and design techniques; and, Policy LU7 -2.5, which encourages the design of public
facilities and utilities to be compatible with surrounding uses. With regards to the Economic
Development Element, the following goals, objectives and policies apply: Goals ED1 and ED2,
Objectives ED1 -1, ED1 -2 and ED2 -1, Policies ED1 -1.1, ED1 -2.1, ED1 -2.2, ED1 -2.3 and ED2 -1.3,
which support the creation and maintenance of a diverse and strong economic base which
benefits the City, its residents as well as its business community. With regards to the Open Space
and Recreation Element, the following policies apply: Policy OS1 -1.9, which supports alternative
funding mechanisms for recreational facility maintenance; and Policy OS1 -5.3, which supports the
continued protection of the El Segundo Blue Butterfly. Lastly, the following goals and policies of
the Conservation Element apply: Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the
protection of the urban landscape such that negative aesthetic impacts are minimized and that the
character of existing neighborhoods and civic landscapes are maintained.
2. That Section 20.62.140 of the ESMC requires the City to "pre- approve," by Resolution, a list of
public facility sites which can accommodate Major wireless facilities, and which would require only
administrative review and approval of a WCFP, rather than discretionary review and approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Environmental
Assessment No. EA -403A, the pre - approval of six (6) public facility sites for Wireless Communication
Facilities and a Mitigated Negative Declaration, subject to the following conditions:
1. Prior to issuance of building permits, the applicant shall receive administrative approval of a
Wireless Communication Facility Permit (WCFP) from the Director of Planning and Building Safety
for any wireless facility proposed on Sites A, B, D, F, G and H.
2. Prior to issuance of building permits, the applicant shall sign a lease agreement with the property
owner and provide a copy of the signed lease agreement to the Director of Planning and Safety.
If the wireless facility is to be located on City-owned property, the lease agreement shall contain
provisions which refer to the cost for leasing the Pre - Approved Site, an understanding by the
applicant that the applicant is responsible for paying the City Attorney's costs for preparing the
lease agreement documents, access to the Site (including emergency access),
relocation /restoration provisions, and other provisions as deemed appropriate by the City Attorney.
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE - APPROVED WIRELESS
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PAGE NO.4
3. Access to Sites A (City Water Tower) and D (City Maintenance Yard) is limited to 7:00 AM - 3:00
PM on weekdays. There will be no regular access during weekends and City holidays.
Emergency access will be subject to reimbursement for costs incurred by the City.
i4. All leases of public property for Pre - Approved Sites A, B, D, F, G and H are non - exclusive. The
lessee (operator of the wireless facility) shall make the supporting structure of the facility available
to any other applicant wishing to collocate to the extent it is technically feasible.
5. Prior to issuance of building permits for a wireless facility located on City -owned property, the
applicant shall provide liability insurance to the satisfaction of the City Attorney.
6. Prior to issuance of building permits, the applicant shall submit plans which show compliance with
the following design requirements:
A) The maximum height of any wireless communication facility to be located on Pre - Approved
Sites A, B, D, F, G and H shall not exceed the maximum height allowed, as shown in Table
1, Page 2, of this Resolution.
B) A wall- mounted wireless communication facility shall be comprised of non - reflective
material(s) and painted or camouflaged to blend with surrounding materials and colors.
Any and all screening used in connection with a wall - mounted facility shall be compatible
with the architecture, color, texture and materials of the building or other structure to which
it is mounted.
C) A utility- mounted facility shall not protrude or extend horizontally more than 24 inches from
the existing utility pole or structure; and, it shall be painted to match the color of the
existing utility structure in which it would be located on.
D) A roof - mounted facility that extends above the existing parapet of the building on which it
is mounted shall be screened by a material and in a manner that is compatible with the
existing design and architecture of the building. The screen shall also be painted to match
the color of the building. Furthermore, any guy wires, supporting structures and accessory
equipment shall be located and designed so as to minimize the visual impact as viewed
from surrounding properties and public rights -of -way.
E) A ground- mounted facility shall be located in close proximity to existing above - ground
utilities, such as electrical tower or utility poles (not scheduled for removal or
undergrounding in the next twenty -four months), light poles, trees of comparable height,
water tanks and other areas where the facility will not detract from the image or
appearance of the City. Furthermore, it shall not be located in any required setback,
required parking area, vehicle maneuvering area, vehicle /pedestrian circulation area or
area of landscaping such that it interferes with, or in any way impairs the utility or intended
function of such area. And, the facility shall be screened from access by the general public
with a fence or a type of design approved by the Director of Planning and Building Safety
and the property owner. It shall also be covered with a clear anti - graffiti material of a type
approved by the Director of Planning and Building Safety. The City may grant a waiver of
this requirement if the applicant demonstrates to the satisfaction of the City that there is
adequate security around the facility to prevent graffiti.
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE - APPROVED WIRELESS
COMMUNICATION FACILITIES
PAGE NO. 5
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7. Prior to issuance of building permits for Site G [West Basin Municipal Water District ( WBMWD)],
the applicant shall provide the Director of Planning and Building Safety with written authorization
from WBMWD (property owner) that it has approved the building plans for the proposed wireless
facility. The applicant shall contact Paul Schoenberger, Chief of Engineering and Operations) for
the WBMWD (or another representative as authorized by WBMWD) at 17140 South Avalon
Boulevard, Suite 210, Carson, CA 90746 -1218, (310) 660 -6218.
8. Prior to the issuance of a permit, the applicant shall submit to the Departments of Planning and
Building Safety and Public Works a complete Construction Plan for review and approval. The
Plan shall include, but not be limited to construction hours, construction trailer locations,
construction and staging areas, construction crew parking, parking /access plan (including truck
haul routes), construction methods and schedules. The plan shall limit construction hours to 7:00
a.m. to 6:00 p.m. Monday through Saturday, and prohibit construction an Sundays and Holidays.
During construction, trash shall be removed from the Project Site on a daily basis. At the end of
each construction day, all open trenches shall be completely closed or covered, or secured in
accordance with Cal OSHA standards. All gates and access points to the construction area must
be locked and /or fully secured at the end of construction each day. The applicant shall provide
a twenty -four (24) hour, every day contact person /liaison to receive and respond to complaints
during construction.
9. During all phases of construction, the applicant shall comply with the City's Storm Water and
Urban Run -Off Pollution Prevention Control Ordinance (No. 1235).
10. During all phases of construction the applicant shall comply with Chapter 9.06, Noise and Vibration
Regulations of the ESMC.
11. 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 -403A.
12. The pre- approved sites shall be utilized in the following order: 1) G, 2) F, 3) D, 4) A, 5) H and 6)
B. The sites which would have the least impact to the community are ranked first and the sites
with the potential of having the greatest impact to the community are ranked last. If an applicant
proposes utilizing a higher ranked site instead of utilizing the lowest ranked site, then he /she must
justify, to the satisfaction of the Director of Planning and Building Safety or the Planning
Commission, why it is technically necessary, through written documentation.
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE - APPROVED WIRELESS
COMMUNICATION FACILITIES
PAGE NO. 6
BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, the decision of
the City Council as set forth in this Resolution shall become final and effective ten (10) calendar days after
• the date of the City Council action, unless an appeal in writing is filed with the City Council.
PASSED, APPROVED AND ADOPTED this 5th day of January 1999.
3
ATTEST: Mike Gordon, Mayor
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 said City is five; that the foregoing Resolution No. 4105 was duly
passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City
Clerk, all at a regular meeting of said Council held on the 5th day of January, 1999, and the same was
so passed and adopted by the following vote:
AYES: Gordon, Jacobs, McDowell, Gaines, Wernick
NOES: None
• ABSENT: None
ABSTAIN: None
Cindy Mort(s n, City Clerk
e
is
APPROVED AS TO FORM:
Mark D. Hensley, City A orney
p: \projects \400 - 425 \ea -403A \ccres -3
RESOLUTION NO. 4105
APPROVING EA -403A
6 PRE- APPROVED WIRELESS
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PAGE NO. 7