Loading...
CC RESOLUTION 4501RESOLUTION NO. 4501 A RESOLUTION OF THE CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 661 (EA -661) AND CONDITIONAL USE PERMIT NO. 05 -1 TO ALLOW THE OPERATION OF A MUSEUM IN THE CORPORATE OFFICE (CO) ZONE AT 610 LAIRPORT STREET. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On January 27, 2005, Earl Rubenstein filed an application for Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 to operate a Museum at 610 Lairport Street in the Corporate Office (CO) Zone, B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D Following a review of the application, staff for the Planning and Building Safety Department determined that approving the project would require amending the ESMC as recommended in Resolution No 2613 adopted by the Planning Commission Absent such an amendment, neither EA -661 nor CUP No 05 -01 can be approved, E On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth by City staff, the applicant Stanley Zimmerman, his representative Earl Rubenstein and public testimony, F The Planning Commission considered the information provided by City staff, public testimony, Stanley Zimmerman and his representative Earl Rubenstein and adopted Resolution No 2614 recommending City Council approval of Environmental Assessment No EA -661 and Conditional Use Permit No 05 -01, -1- G On January 16, 2007 the City Council held a public hearing and considered the information provided by City staff, public testimony, Stanley Zimmerman and Earl Rubenstein, and H This Resolution and its findings are made based upon the testimony and evidence presented to the Council at its January 16, 2007 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The subject site is located in the Corporate Office (CO) Zone B The General Plan Land Use Designation of the project site is Corporate Office C The surrounding land uses and zoning of the project site consist of office and warehouse uses within the Corporate Office (CO) Zone to the north, Corporate Office (CO) Zone to the south, Corporate Office (CO) Zone to the east, and Corporate Office (CO) Zone to the west. D The subject site is a rectangular lot measuring 235 6 feet wide by 200 feet deep, totaling 47,120 square feet in area and 1 08 acres E The subject site is currently developed with an existing 26,954 square - foot, single -story building F The proposed project consists of a museum containing a display area for up to 80 automobiles, a gift shop, offices and a small kitchen area with seating for dining G Parking will be provided on site for 34 vehicles H The applicant seeks to operate the museum on Saturdays and Sundays from 1000 am to 400 pm and for private social events, including educational group tours that would be scheduled by appointment Valet parking services will be provided for groups in excess of 50 persons Should Ordinance No 1405 become effective, a Conditional Use Permit would be required for a museum to locate in the Corporate Office (CO) Zone pursuant to proposed ESMC §15 -5D -5. SECTION 3 Environmental Assessment The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 (Class 1 — Existing Facility) CEQA Guidelines § 15304 (Class 4 — Minor Alterations to Land), and CEQA Guidelines § 15305 (Class 5 — Minor Alterations in Land Use Limitations), since the project involves minor interior changes to -2- an existing budding and minor modifications to the parking and landscaping areas on the site which involves negligible expansion of an existing use and does not result in changes in land use or density SECTION 4• General Plan and Zoning Findings If Ordinance No 1405 becomes effective, the proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows A The Land Use Designation of the project site is Corporate Office The proposed museum with the approval of a conditional use permit is consistent with the intent of the General Plan land use designation Corporate Office that permits a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard The proposed 26,954 square -foot museum will contain a small retail gift shop and a dining area, and it will be located in its budding as a single tenant B The proposed museum conforms to the Land Use Element Goals, Objectives and Policies Specifically, the museum is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the museum is consistent with the intent of Land Use Element Objective LU4-4, Policy LU-4- 1 1 and Policy LU5 -3 1 in that it will contribute to a mix of uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, it will reduce traffic impacts, and encourage pedestrian environments by using buses, shuttles, vans and carpooling for group events to minimize traffic and by providing a public facility within walking distance of businesses; the museum will be required to provide landscaping, its maintenance, and permanent upkeep for the new commercial development; and the museum will promote the revitalization and upgrading of an area which contains aesthetic or functional deficiencies in landscaping, off - street parking and loading areas by adding landscaping and improving the off - street parking and loading area design C The proposed museum conforms to the Circulation Element Policy C3 -2 1 in that sufficient on -site parking will be provided for the museum by establishing minimum parking requirements as determined by a parking study, providing parking in excess of the minimum parking requirements, and providing valet parking service and /or shuttle bus /van service to accommodate large group events D The project conforms to the Economic Development Element Goals, Objectives and Policies Specifically, the museum is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that the museum will contribute to a strong, healthy economic community in which all diverse stakeholders may benefit, the museum will expand El Segundo's retail and commercial base so that the diverse needs of the City's business and -3- residential communities are met; and the museum will maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E The proposed museum location at 610 Lairport Street is in the Corporate Office (CO) Zone ESMC §15 -5D -5 requires approval of a Conditional Use Permit for a museum to locate in the Corporate Office (CO) Zone SECTION 5 Conditional Use Permit Findings. If Ordinance No 1405 becomes effective, the proposed project complies with the Conditional Use Permit Findings as follows A The proposed Conditional Use Permit complies with the applicable provisions of ESMC Chapter 15 -23 -7 since a properly noticed public hearing was held January 16, 2007, a decision was rendered based upon that public hearing, and the applicant will comply with any requirements of the land use approval In addition, the proposed location of the Automobile Museum is in the Corporate Office (CO) Zone If Ordinance No 1405 becomes effective, museums would be a use that is permitted with the approval of a conditional use permit in the Corporate Office (CO) Zone The ESMC would allow additional conditions to ensure that the operation and the design of the museum is compatible with the neighboring properties where the project is proposed These regulations ensure that the proposal is made to conform to the development standards identified in the ESMC and any conditions that are unique to the proposed use B 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 The proposed location of the Museum is within an area that is surrounded with offices and light industrial uses The Museum would be located in an existing building and site that will be rehabilitated with minor interior and exterior alterations, including parking area design and landscaping The existing interior office area of the building has been improved The exterior budding fagade will not be modified Appropriate conditions for development and operations are established to ensure such compatibility The hours of operation for the Museum will be limited and will be primarily from 10 00 a m and 4.00 p m on Sundays with special private events by appointment A maximum of 80 persons will be permitted on site so that there will not be impacts to parking on Lairport Street. Additionally, special private social events with groups in excess of 50 persons will require that the Museum staff provide valet parking or shuttle services for visitors Accordingly, the proposed location of the conditional use and the -4- 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 C The proposed conditional use will comply with each of the applicable provisions of ESMC Chapter 15 -27 The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, and proper hearing decision and records will be complied with, and the required findings will be considered SECTION 6• Approval. Subject to the conditions listed in the attached Exhibit 'A," which are incorporated into this Resolution by reference, and dependent upon Ordinance No 1405 becoming effective, the City Council conditionally approves CUP No 05 -01 SECTION 7 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 8 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluation a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 9 Summaries of Information All summaries of information in the findings which precede this section, are based on the substantial evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact SECTION 10 This Resolution will become effective on the same date as Ordinance No 1405 and remain effective until superseded by a subsequent resolution Should Ordinance No 1405 not become effective, this Resolution will be rendered void and therefore unenforceable -5- PASSED, APPROVED AND ADOPTED this 16th day of January, 2007. ATTEST 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 4501 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 16th day of January, 2007, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Fisher, Jacobson NOES None ABSENT None ABSTAIN None Atamw L Cindy Mort sen, City Clerk M Mark D. Karl H Berger Assistant City 10 CITY COUNCIL RESOLUTION NO. 4501 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), the applicant agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 ( "Project Conditions ") Zoning Conditions 1. A maximum of 80 persons including patrons and employees are permitted on -site during all hours of operation 2 A minimum of 34 parking spaces must be maintained on -site 3 Valet parking service must be provided for events for groups in excess of 50 people Shuttle or bus service provided by the museum may be used to supplement or may be substituted for valet parking service for groups in excess of 50 people. 4 The museum must contain a maximum building display area for 80 automobiles consistent with the floor plan submitted to the Planning and Building Safety Department. 5 Vehicles must be displayed in positions inside the museum in accordance with applicable law, including without limitation, the California Fire Code 6 Modifications to the floor plan require approval by the Planning and Budding Safety Director Significant changes to the size of the areas designated for display area, dining area, the retail area and offices, as determined by the Planning and Budding Safety Director, require review by the Planning Commission 7 The mechanical maintenance of vehicles must be performed indoors and is limited to oil changes, tire installation or repair and other minor mechanical repairs 8 The maximum interior budding floor area dedicated for the mechanical maintenance of vehicles is limited to two vehicles and a final floor plan must be submitted to the satisfaction of the Planning and Building Safety Director and Fire Chief showing the location of where vehicles will be maintained and all chemicals that will be stored on the premises. -7- 9 The middle driveway apron must be removed and replaced with sidewalk per Public Works Department specifications The applicant may install a U- shaped driveway and passenger drop off zone along the front of the property between the north and south driveway approaches 10 The new westerly driveway and driveway apron that provides access to the parking area must have a minimum width of 20' -0" The driveway alignment and drive aisle must not intersect the parking stalls 11 A minimum 5' -0" wide landscaping area must be provided along the western property line adjacent to the sidewalk and public right -of -way in compliance with the landscaping requirements in ESMC §15 -2 -14 Service Fees The following fees will be imposed consistent with and in accordance with the below identified sections of the ESMC and consistent with the manner in which the City has imposed such fees in the past 12 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time library services mitigation fee 13 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time fire services mitigation fee 14 Pursuant to ESMC §§ 15- 27A -1, et seq., and before certificates of occupancy are issued, the applicant must pay a one -time police services mitigation fee 15 Pursuant to ESMC §§ 15- 27A -1, et seq , and before the City issues certificates of occupancy, the applicant must pay the required traffic mitigation fees as calculated in accordance with City Council Resolution No. 4443 Public Safety Conditions 16 The applicant must provide security surveillance as recommended by a qualified security expert to the satisfaction of the Police Chief 17 Vehicles must not be parked or staged within the public right -of -way 18 Automotive repair and maintenance must be conducted to prevent contamination of the property by collecting any hazardous wastes and legally disposing of these wastes off -site 19 No runoff from cleaning or maintenance of either vehicles or restaurant must flow into the storm drain system IM 20 A permit from the El Segundo Fire Department, Environmental Safety Division, is required to allow generation of any hazardous or industrial wastes by the applicant. Budding Safety 21 Before budding permits are issued, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes with El Segundo amendments 22 Occupancy for dining and entertainment must not exceed the maximum occupant load permitted for indoor and outdoor uses allowed per the adopted California Budding Code 23 The placement of vehicles on display within the museum must not block ingress or egress as required by the California Building Code 24 The applicant must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control, and erosion control 25 The dining area must be separated from the car storage area by one hour fire rated occupancy construction 26 Handicapped accessibility must be provided for all dining and kitchen areas 27 Los Angeles County Health Department approval must be obtained for the dining and kitchen areas 28 Ventilation must be provided in the car museum per the 2001 California Building Code Chapter 12 requirements Public Works 29 Any encroachment in the public right -of -way must obtain an Encroachment Permit from the Public Works Department 30 Replace existing sidewalk along the front length of the property with 6' -0" wide concrete sidewalk and 5' -0" wide landscaped parkway adjacent to the sidewalk 31 New driveways must be constructed per City Standard Drawing No ST -8 32 Replace all displaced or damaged curb and gutter along the front length of the property per City Standard Plan No ST -9 33 Remove and replace existing asphalt pavement damaged during the development construction -9- 34 Identify all existing utilities (water, sewer, gas, etc ) around the project site Miscellaneous Conditions 35 Stanley M Zimmerman, and his successors in interest, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 661 (EA- 661) and Conditional Use Permit No 05 -01, Stanley M Zimmerman, and his successors in interest, agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Stanley M Zimmerman certifies that he read, understood, and agrees to the Project Conditions listed in this document tir Lorporauon or simuar emny, neeas two officer signatures or evidence that one signature binds the company} -10-