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2006 MAY 02 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 2, 2006 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4462 Next Ordinance # 1394 001 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 6) -0- matter SPECIAL MATTERS: -0- matter z 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length m compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 2, 2006 - 7:00 P.M. Next Resolution # 4462 Next Ordinance # 1394 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch 003 PRESENTATIONS - a Proclamation declaring Saturday, May 13, 2006, as EL SEGUNDO PUBLIC SAFETY SERVICE DAY and inviting the community to participate in the point Open House at the Police and Fire Departments, from 10 00 a m to 2 00 p m b Certificates of Recognition to Team El Segundo participants in the 2006 Baker to Vegas Run held April 1 and 2, 2006 c. Proclamation in recognition of all our volunteers and proclaiming May as Volunteer Recognition Month d Commendation to S &S Hardware in recognition of its 30th Anniversary and its many contributions and services to our community ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS Consideration and possible action to conduct a public hearing and introduce an Ordinance approving the transfer of a Pipeline Franchise Agreement, Ordinance No. 1255, from Equilon California Pipeline Company LLC to Shell Pipeline Company LLC and extending the franchise until 2016. (Fiscal Impact: $3,500 - estimated annual Franchise fee) Recommendation - (1) Open public hearing, (2) Discussion, (3) Introduction and first reading of Ordinance by title only, to transfer Pipeline Franchise Agreement, Ordinance No 1255, from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC, and extend the franchise until 2016, (4) Schedule second reading and adoption of Ordinance on May 16, 2006, (5) Alternatively, discuss and take other action related to this item 4 004 2. Consideration and possible action to conduct a public hearing, adopt a Resolution, and introduce an Ordinance to amend the El Segundo Municipal Code regarding "Cafes" and "Coffee Shops ". (Fiscal Impact: None) Recommendation (1) Open public hearing, (2) Discussion, (3) Adopt a Resolution approving Environmental Assessment No EA -697 and Zone Text Amendment No ZTA 06 -1, (4) Introduction and first reading of Ordinance by title only for Zone Text Amendment No ZTA 06 -1, (5) Schedule second reading and adoption of Ordinance on May 16, 2006, (6) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All Items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an Item is made, the item(s) will be considered individually under the next heading of business 3. Warrant Numbers 2552951 to 2553185 on Register No. 14 in the total amount of $1,288,750.34 and Wire Transfers from 4/7 /2006 through 4/20/2006 in the total amount of $1,279,336.08. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 4. City Council Meeting Minutes of April 18, 2006. Recommendation — Approval 5. Consideration and possible action to extend the current employment agreement with Jack Wayt for the position of Police Chief through December 31, 2006. Recommendation (1) Authorize the City Manager to execute the attached agreement, (2) Alternatively, discuss and take other action 005 6. Consideration and possible action regarding the City of El Segundo's application for funding through California's 2002 Resources Bond Act, Roberti- Z'Berg- Harris Block Grant Program. (Fiscal Impact: $44,680) Recommendation — (1) Approve City of El Segundo's Application for grant funds for the California's 2002 Resources Bond Act, Robe rti -Z- Berg -Harris Block Grant Program, (2) Alternatively, discuss and take other action regarding this item 7. Consideration and possible action to accept $6,000 in penalty assessments from a statewide consent decree and underground tank settlement with Pacific Bell Telephone Company, dba AT &T California (People of California vs. Pacific Bell Telephone). This amount represents the City of El Segundo's portion of the total settlement. To receive this portion of the settlement, a signed declaration for receipt of civil penalties must be executed and submitted to the San Joaquin District Attorney's Office. Recommendation (1) Approve Declaration and authorize the City Manager to sign and execute the Declaration to receive penalty assessments from AT &T, (2) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding City Council's authorization to accept Hazardous Materials Emergency Preparedness grant funding from the Governor's Office of Emergency Services in the total amount of $6,400 for the preparation of a hazardous materials emergency plan for the City of El Segundo. (Fiscal Impact: $6,400) Recommendation (1) Authorize the City Manager or designee to sign a State of California Assistance Agreement, (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER 00(; K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher— Council Member Boulgarides — 9. Consideration and possible action to create an Ad Hoc Subcommittee to consider and make recommendations to the City Council regarding changes to the City seal, logos and mottos. Recommendation — (1) Authorize the creation of an Ad Hoc Subcommittee to consider changes to the City seal, logos and mottos, (2) Approve the appointment of members to the Ad Hoc Subcommittee, (3) Alternatively, discuss and take other action related to this Item Council Member Jacobson — Mayor Pro Tern Busch — Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION ((f required) ADJOURNMENT POSTED DATE TIME 21-M �p NAME 1 &WV n t� l rodamation City of 4E1 *rpnbo, California WHEREAS, The El Segundo Fire and Police Departments have provided public service for over 80 years to the citizens of El Segundo, including fire suppression, safety and security, fire and crime prevention activities and public education, as well as a commitment to our core values of respect, integrity, service and excellence, and WHEREAS, The El Segundo Fire and Police Departments also administer life - saving paramedic services to victims of illness and injury, provide specialized rescue services and respond to hazardous materials incidents, and WHEREAS, The El Segundo Fire and Police Departments have set aside Saturday, May 13, 2006 from 10 00 a.m to 2.00 p m., to hold Open House for the public to observe the many functions of their respective personnel, equipment, and facilities, experience a SWAT demonstration, and learn of their readiness to protect the lives and property of the citizens they serve, and WHEREAS, The Fire Department Open House will take place at Fire Station No 1, 314 Main Street The Police Department Open House will take place at the Police Station, 348 Main Street NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo do hereby proclaim Saturday, May 13, 2006 as EL SEGUNDO PUBLIC SAFETY SERVICE DAY and invite the community to participate in the joint Open House from 10 00 a in to 2:00 p in /�nn�i�.(�irr�r �iY� nT��crvi � ✓iiriu� ��in �i %Ji�� /pr�F 008 Baker to Vegas 2006 Certificates of Recognition Presented to Members of Team Gundo for Participating In their 2nd Solo 120 -mile Run Captain - Lisa Castro Co- Captains - Glenn Delmendo & Michelle Blumenthal Runners Tony de la Rambelte Marco Lemus Ray Garcia Ed Villarreal Mitch Tavera Walt Krumbach Scott Doukakis Aaron Plugge Tom Jones Mike Gill Cory Spencer Phil Stolnack Rex Fowler Rudy Kerkhof Kenny McShane Jaime Bermudez Hugo Perez Chris Cameron Chris Vukelich Glenn Delmendo Alternate Runners Ken Cheng Artie Butler Glenn Coles Steve Leigh Support Jennifer Malone Lisa Bowen AI Graham Lisa Forsberg Callie Graham Frank Nieman Max & Anita Phipps Laurie Decicco Calvin Smith Tammy Appleton Dean Howard Martin Whitehead Jeff & Diana Rudolph Armando Rodriguez "A special thanks to the entire department who worked to keep the station going so we could participate, without them there wouldn't be a Team Gundol 009 L ort matiVn pCitp of Ct *egunao, fatifc nia WHEREAS, A basic ingredient in the foundation of this nation is the voluntary acceptance of initiative and responsibility by private citizens, and voluntary organizations, and this fact is largely responsible for the progress and development of our great country, and WHEREAS, Today, over 90 million outstanding citizens, from every age group, from youth to senior citizens, and from every waltz of life, give selflessly of themselves to others through volunteer work, thus exemplifying the spirit of caring and compassion for others which is a vital part of our national character, and WHEREAS, We are facing an era of changing priorities on the national, state and local levels in which resources are becoming more scarce in the face of growing and changing needs, and WHEREAS, The volunteers for the El Segundo Home Delivered Meals, known as "meals on wheels," are the backbone of the El Segundo Outreach Program, providing door to door service and delivery of some 8,400 hot meals per year to 40 local senior or disabled residents, thereby allowing these homebound residents to maintain their independence; and WHEREAS, It is fitting that we take pride in our volunteer heritage and give special recognition to the volunteers and volunteer programs in our community NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California, do hereby proclaim the month of May as VOLUNTEER RECOGNITIONMONTH in the City of El Segundo in honor of those who, imbued with the spirit of goodwill, offer freely their services to the community `, ± ON r1 A/,., /> 010 EL SEGUNDO CITY COUNCIL MEETING DATE: May 2, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders Of Business AGENDA DESCRIPTION: Consideration and possible action to conduct a public hearing and introduce an ordinance approving the transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from Equdon California Pipeline Company LLC to Shell California Pipeline Company LLC and extending the franchise until 2016 (Fiscal Impact = $3,500, estimated annual franchise fee) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Open Public Hearing; (2) Discussion, (3) Introduction and first reading of an Ordinance to transfer Pipeline Franchise Agreement, Ordinance No. 1255, from Equdon California Pipeline Company LLC to Shell California Pipeline Company LLC and extend the franchise until 2016, (4) Schedule second reading and adoption of the Ordinance on May 16, 2006, and (5) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On June 4, 1996, the City of El Segundo entered into a non - exclusive Pipeline Franchise Agreement ( "Pipeline Franchise ", Ordinance No 1255) with Shell California Pipeline Company for a ten -year period ending on April 19, 2006 to lay and use pipelines consisting of a single line of pipe six inches (6 ") in internal diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products in, under, along, and across public streets in the City of El Segundo as shown on the attached map A copy of Ordinance 1255 is available for review in the City Clerk's Office (Please see "Background and Discussion" on following page) ATTACHED SUPPORTING DOCUMENTS: Map Franchise Ordinance Application from Shell California Pipeline Company Resolution No 4461 (Resolution of Intent to hold a public meeting) FISCAL IMPACT: Operating Budget. NA Amount Requested: NA Account Number: NA Project Phase: NA Appropriation Required. No BYE, DATE: � /zr /4 of Pnhhr NAlnr4c 1 012 BACKGROUND & DISCUSSION: (continued) On October 6, 1998, the City of El Segundo, by Resolution No 4093, transferred Franchise Ordinance No 1255 to Equilon California Pipeline Company LLC due to the merger of Texaco and Shell Oil Company A copy of Resolution 4093 is available for review in the City Clerk's Office. On February 20, 2006, the City of El Segundo received an application from Shell California Pipeline Company LLC, the successor in interest to Equilon California Pipeline Company LLC, to extend the Pipeline Franchise for an additional ten year period ending on April 19, 2016 Shell California Pipeline Company has also requested that the Franchise Ordinance be transferred to Shell California Pipeline Company due to the cancellation of the ShelltTexaco Merger. On March 21, 2006, City Council adopted Resolution No 4461 declaring its intent to conduct a public hearing to consider all testimony regarding the pipeline franchise On March 30, 2006, the City Clerk published notification as required by the Public Utilities Code. Franchise fees paid to the City under this Franchise Ordinance are regulated bythe California Public Utilities Code This fee is based on the length and diameter of pipes covered under the Franchise and as adjusted for inflation from year to year The estimated annual franchise fee will be $3,500 per year. 013 t r i nll�l�l I� i I � f All I w z � n i I i=- a• 014 r - i w z � n i I i=- a• 014 ORDINANCE NO. AN ORDINANCE APPROVING THE TRANSFER OF A PIPELINE FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY LLC FROM EQUILON CALIFORNIA PIPELINE COMPANY LLC AND EXTENDING THE FRANCHISE UNTIL 2016. The City Council does ordain as follows SECTION 1 The City Council finds and declares that A On June 4, 1996, the City of El Segundo entered into a non - exclusive Franchise Agreement ( "Pipeline Franchise ") with Shell California Pipeline Company for a ten year period ending on April 19, 2006 to lay and use pipelines consisting of a single line of pipe six inches (6 ") in internal diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products in, under, along, and across public streets in the City of El Segundo, B By Resolution No 4093, adopted October 6, 1998, the City assigned the Pipeline Franchise to Equilon California Pipeline Company LLC due to the merger of affiliated companies of Texaco and Shell Oil Company, C On February 20, 2006, the City of El Segundo received an application from Shell California Pipeline Company LLC, the successor in interest to Equilon California Pipeline Company LLC, to extend the Pipeline Franchise for an additional ten year period, D The City Council by Resolution No 4461, adopted on March 21, 2006, declared its intent to conduct a public hearing to consider all oral and written testimony regarding the Pipeline Franchise before determining whether to grant the Pipeline Franchise extension and assign the Pipeline Franchise to Shell California Pipeline Company LLC, E The Pipeline Franchise expired on April 19, 2006, but the City declared its intent to conduct a public hearing on May 2, 2006 and, accordingly, the Pipeline Franchise allowed Equilon California Pipeline Company, LLC to maintain a holdover status during the pendency of the City Council's decision regarding extending and assigning the Pipeline Franchise, F The City Clerk published a notice of public hearing as directed by City Council, and G On May 2, 2006, said public hearing was held and it was determined by City Council to grant the Pipeline Franchise extension and assign the Pipeline Franchise to Shell California Pipeline Company LLC SECTION 2 The City Council approves the transfer or assignment of the Pipeline Page 1 of 3 015 Franchise from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC, subject to all the terms and conditions of the Pipeline Franchise SECTION 3 The Pipeline Franchise is amended to extend the term for an additional ten (10) years until April 19, 2016 SECTION 4 This Ordinance will become effective on the thirty -first (315) day following its second reading and adoption. PASSED AND ADOPTED this _ day of 2006 APPRI Mark C 0 iey Kelly McDowell, Mayor Page 2 of 3 016 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, 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 ORDINANCE NO 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 day of 2006, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2006 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 3 of 3 017 01/05/2006 19: 26 3108162235 SHELL WESTERN REGION PAGE 01 Shell Pipeline Company LP Western Region - Land & Permitting 20945 S Wilmington Ave Carson, CA 908141039 Steve Finton Director ofPubhe Works City of El Segundo 350 Main Street El Segundo, CA90245 (310) 5242356 (3 10) 640 -0489 fax Steve Finton, LOS ANGELES COUNTY, CALIFORNIA CITY OF EL SEGUNDO ORDINANCE NO 1255 (Supercedes 758,759 & 1199) VENTURA PRODUCTS R/W TL 12 -16 & LAPRODUCTS R/W 11 -14 Shell California Pipeline Company LLC, a Delaware Limited Liability Company ( "Shell'), formerly known as Equilon California Pipeline Company LLC, requests an amendment to Ordinance No 1255 to extend the term for an additional ten year period The franchise agreement addresses the operation and maintenance of the 6" VPL (Ventura Products Line - R/W No 16) and the 8" LAXPDX (LAX Products Line - R/W No 14) under City streets The current franchise agreement expires on April 19, 2006 Shell shall pay the City of El Segundo an annual franchise fee which complies with the Franchise Act of 1937 (Public Utilities Code sections 6201, et seq ) Please send the agreement for processing to- 20945 S Wilmington Avenue, Carson, CA 90810 Should you have any concerns, feel free to contact me at (3 10) 816 -2208 Thank you for your help and consideration with this matter Sincerely, Ed Anderson Contract Land Agent eaae -nt -9n 6 is lia 3108162 24F 97i �1g ("98 P.01 RESOLUTION NO. 4461 A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO CONDUCT A PUBLIC HEARING ON MAY 2, 2006 REGARDING TRANSFERING AN OIL PIPELINE FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY LLC AND EXTENDING THAT FRANCHISE FOR TEN (10) YEARS. The City Council does resolve as follows SECTION 1 The City Council finds and declares that A By Ordinance No 1255, adopted June 4, 1996, the City of El Segundo entered into a non - exclusive Franchise Agreement ( "Pipeline Franchise ") with Shell California Pipeline Company for a ten year period ending on April 19, 2006 to lay and use pipelines consisting of a single line of pipe six inches (6") in internal diameter and a single line of pipe eight inches (8 ") in internal diameter for th- transportation of petroleum products in, under, along, and across public street in the City of El Segundo, B Through Resolution No 4093, adopted October 6, 1998, the City transferred the Pipeline Franchise to Equilon California Pipeline Company LLC due to the merger of affiliated companies of Texaco and Shell Oil Company, and C On February 20, 2006, the City of El Segundo received an application from Shell California Pipeline Company LLC, the successor in interest to Equilon California Pipeline Company LLC, to extend the Pipeline Franchise for an additional ten year period SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its intent to conduct a public hearing on May 2, 2006 at 7 00 p m in the City Council Chambers at 350 Main Street, El Segundo, to consider all oral and written testimony regarding the Pipeline Franchise before determining whether to grant the Pipeline Franchise extension and assign the Pipeline Franchise to Shell California Pipeline Company LLC SECTION 3 The City Clerk is directed to publish public notice of the public hearing (including all requirements set forth in Public Utilities Code § 6233) at least one time within fifteen (15) days after this Resolution is adopted in a newspaper of general circulation 019 Page 2 of 2 SECTION 4 This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution PASSED AND ADOPTED this 21 APPROVED Mark D Hen [ Wwm r, As*tant City Attorney 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 4461 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 21st day of March, 2006, and the same was so passed and adopted by the following vote AYES McDowell, Boulgarides, Busch, Jacobson NOES None ABSENT Gaines ABSTENTION None NOT PARTICIPATING None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 215 day of March, 2006 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 2 of 2 020 EL SEGUNDO CITY COUNCIL MEETING DATE May 2, 2006 AGENDA ITEM STATEMENT AGENDA HEADING Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to open a public hearing, adopt a resolution, and introduce an ordinance to amend the El Segundo Municipal Code regarding "Cafes" and "Coffee Shops " (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Open Public Hearing, 2) Discussion, 3) Adopt a Resolution approving Environmental Assessment No EA -697 and Zone Text Amendment No ZTA 06 -1, 4) Introduction and first reading by title only of Ordinance for Zone Text Amendment No ZTA 06 -1, 5) Schedule second reading and adoption of Ordinance on May 16, 2006, and /or 6) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, On April 13, 2006, the Planning Commission held a public hearing on an amendment to the El Segundo Municipal Code regarding "Cafes" and "Coffee Shops " After receiving public testimony and reviewing the documents, the Planning Commission adopted Resolution No 2597, recommending City Council approval of the project The proposed amendment was initiated by the Planning and Building Safety Department to update the Municipal Code to address business establishments which combine food service (Continued on next page ) 1 Draft Resolution Including Initial Study of Environmental Impacts and Negative Declaration and Draft Ordinance 2 Planning Commission Staff Report, dated March 23, 2006, including Resolution 2597 3 Draft Planning Commission Minutes, dated April 13, 2006 FISCAL IMPACT. Operating Budget, NIA Amount Requested. NIA Account Number, N/A Project Phase: NIA Appropriation Reauired: Yes X No Seimone Junis. D DATE. y /z� /L o0 6 2 021 STAFF REPORT May 2, 2006 Page 2 BACKGROUND & DISCUSSION: (cont.) and limited retail which do not have the same operating characteristics as traditional restaurants Examples of this "hybrid" type of establishment described include well known chains such as Coffee Bean and Tea Leaf, Starbucks, and Peet's Coffee The proposed "Cafe" use is intended to include both individual tenancies (primary uses) and businesses located within larger retail establishments (accessory uses) An example of an accessory use would be a Starbucks that is located within a grocery store, bookstore, or other large retail establishment This "hybrid" establishment is not limited to these commonly known coffee shop examples Other examples of the "Cafe" use could include a gift store with a tea and snack bar or a juice barwith complimentary retail items such as juicers, mugs, and shirts The proposed Zone Text Amendment would make six modifications to the Municipal Code as outlined below "Cafe" and "Coffee Shop" are two uses that are currently listed within the El Segundo Municipal Code However, neither term is defined Without a specific definition for either cafe or coffee shop both uses can be categorized as a restaurant The Zone Text Amendment would eliminate the term "Coffee Shop" since it is redundant and interchangeable with the existing restaurant definition in the Municipal Code. 2 The proposed ESMC amendment would define "Cafe" in a manner that distinguishes it from a restaurant or other food establishment uses defined in the Municipal Code As proposed, a "Cafe" use is a combination of limited food service and retail, which the existing food service definitions (drive -thru restaurant, restaurant and food- to -go) in the Municipal Code do not address "Cafes" operate in a manner more similar to retail /commercial uses than restaurants because of the quick turn over of patrons Specifically, the definition for "Cafe" is an establishment that sells food or beverages for consumption on or off the premises, in conjunction with retail sales of other goods A cafe can only be located within a multi- tenant shopping center, office development, or the commercial portion of a mixed -use development Alternatively, a cafe can exist as an accessory use within a primary permitted use A cafe must comply with the following A) A cafe can only have a limited food and beverage menu Food sold at cafes must be generally received in a pre - packaged and /or pre- cooked state that requires little or no preparation Limited means for heating food (such as a microwave oven or toaster oven) are allowed, B) Cafes cannot exceed 1,200 gross square feet (including the area for food consumption), C) The interior area for food consumption in cafes must be a maximum of 400 gross square feet of the floor area of the primary permitted on -site use, D) Seating areas in cafes must clearly be separated from other portions of the use as defined by fixed barriers such as full or partial walls, fencing or planters, corridors, counters, or permanent display fixtures, 022 STAFF REPORT May 2, 2006 BACKGROUND & DISCUSSION: (cont -1 Page 3 E) Not more than 15 seats are allowed within cafes, F) Orders for food or beverages in cafes are placed and picked -up from an interior counter only No table service is provided, G) No drive -thru window or outdoor service window is allowed, H) No alcoholic beverages can be served, and 1) A minimum of 5% of the gross floor area must be devoted to the sale of non -food products The proposed definition establishes a distinct land use type that includes adequate thresholds to ensure that a balance of limited food service and retail is maintained 3 The Zone Text Amendment would permit the Cafe" use as defined as an allowed primary use in the in all the zones in which cafes and coffee shops are currently allowed The Zones in which "Cafe" is permitted as a primary use include the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, and Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone A "Cafe" would also be allowed with a conditional use permit in the Heavy Industrial (M -2) Zone 4 The proposed Ordinance would eliminate "Cafe" as a use in which the on -site sale and consumption of alcohol could be permitted 5 The Zone Text Amendment will require a conditional use permit for outdoor dining at "Cafes" if the outdoor dining exceeds 200 square feet or comprises more than 20% of the total dining area of the "Cafe," whichever is less 6 The proposed Amendment would add a commercial parking rate of 1 space for each 300 square feet for cafes which equal 20% or less of the gross floor area within a multi - tenant shopping center, office development, or the commercial portion of a mixed -use project Analysis and General Plan Conformance The attached Planning Commission staff report dated March 23, 2006 and Initial Study provides in -depth analysis of the project and its conformance with the General Plan STAFF REPORT May 2, 2006 Page 4 BACKGROUND & DISCUSSION: (cont.) Environmental Review In accordance with the Public Resources Code and the California Environmental Quality Act (CEQA) Guidelines, an initial study was prepared for the purpose of determining whether the project may have any significant effects on the environment Since the initial study showed that there is no substantial evidence that the project may have a significant effect on the environment, a proposed negative declaration was prepared The notice of intent to adopt the negative declaration was provided in accordance with the Public Resources Code and the CEQA Guidelines The proposed negative declaration was circulated for public review and comment between March 23, 2006 and April 12, 2006 Public Comments No comments were received from the public at the April 13, 2006 Planning Commission meeting with regards to the proposed Zone Text Amendment Recommendation Staff recommends that the City Council adopt the draft Resolution approving Environmental Assessment No EA -697 and Zone Text Amendment No ZTA 06 -1 Staff also recommends that the City Council introduce an Ordinance to approve Environmental Assessment No EA -697 and Zone Text Amendment No ZTA 06 -1 Staff will return to City Council for a second reading and adoption of the Ordinance P \Planning & Building Safety\PROJECTS\676- 700\EA- 697\ CityCouncil \Ea- 697CafeOrdinanceCC SR 5 2 06 Version 2 doc 024 RESOLUTION NO. A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL ADOPTING A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL ASSESSMENT NO. 697 (EA -697). 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 23, 2006, City staff initiated an application for Environmental Assessment No EA -697 and Zone Text Amendment ZTA No 06 -1 affecting multiple sections of the El Segundo Municipal Code ( "ESMC "), B. The application was prepared and 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 An Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA) The Initial Study demonstrated that there is no substantial evidence that the project would have a significant effect on the environment Accordingly, a negative declaration was prepared The notice of intent to adopt the negative declaration was provided in accordance with the Public Resources Code and the CEQA Guidelines The negative declaration has been circulated for public review and comment between March 23, 2006 and April 12, 2006, E The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 9, 2006, F On March 9, 2006, the Planning Commission continued the public hearing to March 23, 2006, G The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 23, 2006, -I- 025 H On March 23, 2006, the Planning Commission continued the public hearing until April 13, 2006, On April 13, 2006, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by City Staff and public testimony, J The Planning Commission considered the information provided by City staff and public testimony and adopted Resolution No 2597 recommending City Council approval of Environmental Assessment (EA- 697) and Zone Text Amendment (ZTA 06 -1), K On May 2, 2006, the City Council held a public hearing and considered the information provided by City staff and public testmony, and L This Resolution, and its findings, are made based upon the evidence presented to the Council at is May 2, 2006 hearing including without limitation, the staff report submitted by the Planning and Budding Safety Department. SECTION 2 General Plan Findings As required under Government Code § 65454 the ESMC amendments proposed by the Ordinance are consistent with the City's General Plan as follows A "Cafe" is proposed as a primary permitted use and an accessory use in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C -4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone, and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone "Cafe" is consistent with the intent of the General Plan land use designations to serve the commercial and retail needs of the neighborhood, the community at large, as well as surrounding areas, B The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with the General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU4 and Objective LU4 -1 in that the development of the new use will foster a stable tax base for the City and promote the development of high quality retail -2- O�E, facilities in proximity to major employment centers, C. The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Economic Development Element Goals, Objectives and Policies. Specifically, the amendment is consistent with Goal ED1, Policy ED1 -2 1, Policy ED1 -2 2 and Policy ED3 -1 5 in that the proposed amendments will help to foster a strong healthy economic community in El Segundo through defining a new commercial use that is permitted, the use will serve the diverse needs of the City's business and residential communities by expanding El Segundo's retail and commercial base; encourage land uses that improve the City's tax base, while balancing economic development and quality of life goals by defining a new use and requiring a parking requirement that supports the intensity of the proposed use, and D The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Circulation Element Objective C3 -2, Policy C3 -2 1 and Policy C3 -2 2 in that the amendment a new use and a parking requirement that supports the intensity of the proposed use ensuring that sufficient on -site parking is provided SECTION 3 Zone Text Amendment Findings Based on the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project and to establish development standards and use districts for "Cafe " A The amendments to the ESMC defining "Cafe" as a permitted use and an accessory use allowed in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone, deleting "Coffee shop" from the ESMC, requiring a Conditional Use Permit for Cafes with outdoor dining if the outdoor dining area comprises more than 20% of the total dining area of the Cafe, excepting the Commercial Center (C -4) Zone, and adding a parking requirement for "Cafe" in the draft ordinance attached as Exhibit "B," and incorporated by reference ( "Draft Ordinance "), are consistent with the City's procedures and standards, -3- 027 B "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Downtown Commercial (C -RS) Zone to restrict the principal permitted uses to commercial retail - service uses and certain complimentary uses in order to promote and protect the commercial retail service character of the downtown area, C "Cafe" as an allowed primary use and accessory use is consistent with the purpose of the Neighborhood Commercial (C -2) Zone to serve the neighborhood commercial needs of adjacent residential areas, D "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the General Commercial (C -3) Zone to include a broad spectrum of retail and service commercial uses that serve a broad cross section of the City and surrounding area, E "Cafe" as a an allowed primary use and an accessory use is consistent with the purpose of the Corporate Office (CO) Zone to allow food serving uses and limited retail as uses complimentary to office, F "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Urban Mixed -Use North (MU -N) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single budding and to encourage street level uses which promote pedestrian activity for area workers and visitors, G "Cafe" as an allowed primary use and accessory use is consistent with the purpose of the Urban Mixed -Use South (MU -S) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single budding and to encourage street level uses which promote pedestrian activity for area workers and visitors, H "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Commercial Center (C -4) Zone to allow commercial establishments serving the city and surrounding areas, "Cafe" as allowed primary use and an accessory use is consistent with the purpose of the Light Industrial (M -1) Zone to allow auxiliary uses performing support services for existing permitted and permitted establishments, J "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Small Business (SB) Zone to provide small business a place to establish and prosper, -4- 028 K "Cafe" as an allowed primary use and an accessory use is consistent with the intent of the Medium Manufacturing (MM) Zone to allow the development of medium -sized light industrial and manufacturing activities and to provide a transitional land use area between the high intensity aircrafUaerospace office uses east of Sepulveda Boulevard and the small single parcel industrial businesses of the westerly portion of the Smoky Hollow area, L "Cafdi" as an allowed primary use and an accessory use is consistent with the intent of the Grand Avenue Commercial (GAC) Zone to allow limited commercial development along Grand Avenue, and M "Cafe" as a conditionally permitted use is consistent with the intent of the Heavy Industrial (M -2) Zone to allow heavy manufacturing, assembling, or processing activities having unusual or potentially deleterious operational characteristics SECTION 4 Environmental Assessment. The proposed project was analyzed for its environmental impacts and a Draft Initial Study was prepared for its environmental impacts and a Draft Initial Study was prepared pursuant to CEQA Guidelines §15063 The Initial Study demonstrated that the project will not have a significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines § 15070 Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project SECTION 5 Environmental Approval The City Council adopts Negative Declaration of Environmental Impacts for Environmental Assessment No EA -697 SECTION 6. 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 City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluating 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 -5- 029 SECTION 8 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 9 The City Clerk is directed to mad a copy of this Resolution to the Applicant and to any other person requesting a copy SECTION 10 This Resolution will remain effective until superseded by a subsequent resolution SECTION 11 This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED AND ADOPTED this day of 2006 Kelly McDowell, Mayor M 0A 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 was adopted by said City Council at a regular meeting held on the day of , 2006, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2006, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk AP Ma a -7- 031 ORDINANCE NO. AN OMNIBUS ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL CODE WITH REGARD TO CAFES AND COFFEE SHOPS. The Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows A This Ordinance is consistent with the City's procedures and standards as set forth in the El Segundo Municipal Code (`SSMC ") B Amendments to the ESMC affecting cafes and coffee shops comply with the Land Use Element of the General Plan 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 the Downtown, to promote the development of high quality retail facilities in proximity to major employment centers C Amendments to the ESMC affecting cafes and coffee shops comply with the Economic Development Element of the General Plan to foster a strong healthy economic community, to maintain and promote land uses that improve the City's tax base, to encourage the expansion of El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and to encourage a mix of retail and commercial business that stimulate pedestrian traffic and meet the communities changing needs for goods and services D Amendments to the ESMC affecting cafes and coffee shops comply with the Circulation Element to ensure the provision of sufficient on -site parking in all new development SECTION 2 A new definition is added to ESMC § 15 -1 -6 to read as follows "Cafe" means an establishment that sells food or beverages for consumption on or off the premises in conjunction with retail sales of other goods A cafe can only be located within a multi -tenant shopping center, office development, or the commercial portion of a rmxed use development Alternatively, a cafe can exist as an accessory use within a primary permitted use A caf6 must comply with the following A A caf6 can only have a limited food and beverage menu Food sold at cafes must be generally received by customers in a pre - packaged or pre- cooked state that requires little or no preparation Limited means for heating food (such as a microwave oven or toaster oven) are allowed, B Cafes cannot exceed 1,200 gross square feet (including the area for food Page 1 of 4 3 r 2 consumption), C The interior area for food consumption in cafes must be a maximum of 400 gross square feet of the floor area of the primary permitted on -site use, D Seating areas in cafes must be clearly separated from other portions of the use as defined by fixed barriers such as full or partial walls, fencing, planters, corridors, counters, or permanent display fixtures, E Not more than 15 seats are allowed within cafes, F Orders for food or beverages in cafes must be placed and picked -up from an interior counter only No table service is provided, G No drive -thru window or outdoor service window is allowed, H No alcoholic beverages can be served, and A mimmum of 5% of the gross floor area must be devoted to the sale of non -food products " SECTION 3 A new § 15 -15 -3 B (14) is added to the ESMC to read as follows Nonresidential Uses Number of Parking S aces Re uired (14) Cafes (a) Which equals 20% or less of the gross floor area of a multi -tenant 1 space for each 300 square feet shopping center, office development or the commercial portion of a mixed -used development- (b) Any portion of a Caf6 or any cumulative floor area of multiple 1 space for each 75 square feet, including cafes which exceeds 20% of a outdoor areas if outdoor dining area multi -tenant shopping center, exceeds 200 sq ft office development, or the commercial portion of a mixed - used development SECTION 4 Cafes as a permitted Use The cafe use is added to the following sections of the ESMC 15 -5A -2, 15 -5A -3, 15- 5A -5(C), 15 -5B -2, 15 -513-3, 15- 513-5(C), 15 -5C -2, 15 -5C -3, 15- 5C-5(E), 15 -5D -2, 15 -5D -3, 15- 5D -5(F), 15 -5E -2, 15 -5E -3, 15- 5E -5(G), 15 -5F -2, 15 -5F -3, 15- 5F-5(H), 15 -5G -2, 15 -5G -3, 15 -6A -2, 15 -6A -3, 15- 6A -5(E), 15 -6C -2, 15 -6C -3, 15- 6C -5(C), 15- 6D-2, 15 -613-3, 15- 6D -5(C), 15 -7B -2, and 15 -7B -3 Page 2of4 033 SECTION 5 Administrative Use Permits In order to implement the new cafe use, as set forth in this Ordinance, and to clarify the authority delegated to the Planning and Building Safety Director for issuing administrative use permits ( "AUP "), all provisions of the ESMC which currently would allow the on -site sale and consumption of alcohol at a cafe use to be permitted with an AUP are amended to remove the term "cafe" from the list of uses with on -site sale and consumption of alcohol authorized by AUP SECTION 6 Coffee Shops Coffee shops are not defined within the ESMC and the common use of the term is incorporated into the definition of cafe as set forth above. Accordingly, the ESMC is amended in its entirety to remove all references to the term "coffee shops " SECTION 7 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 8 Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 9 The City Council determines that this ordinance has been analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts was prepared pursuant to Public Resources Code § 15063 (the California Environmental Quality Act). A Negative Declaration of Environmental Impacts was prepared for this project pursuant to CEQA § 15070 The negative declaration was certified by the City Council on May 2, 2006 pursuant to Resolution No SECTION 10 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION I1 This Ordinance will take effect on the 31st day following its final passage and adoption Page 3of4 034 PASSED AND ADOPTED this day of 2006 Kelly McDowell, Mayor ATTEST Cindy Mortesen City Clerk APPRC Mark E 0 Page 4 of 4 035 City of El Segundo DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 www elsegundo.org ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -697 and Zone Text Amendment (ZTA) No 06 -01 BACKGROUND Project Title: "Cafe' Zone Text Amendment 2 Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 3. Contact Person and Phone Number:: Alexis Schopp, Planning Technician, (310) 524 -2343 4. Project Location (Subject Site): Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Heavy Industrial (M -2) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) 5. Project Sponsor's Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 6. General Plan Designation: Downtown Commercial, Neighborhood Commercial, General Commercial, Corporate Office, Commercial Center, Urban Mixed -Use, Light Industrial, Heaw Industrial, and Smoky Hollow Mixed -Use Zoning: Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Zone and Grand Avenue Commerc4al (GAC) Zone 8 Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for Its implementation Attach additional sheets if necessary) The proposed project is a Zone Text Amendment to amend El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Cafe " Specifically, the following definition is proposed Cafe means an establishment that sells food or beverages for consumption on or off the premises, in conjunction with retail sales of other goods A cafe can only be located within a multi- tenant shopping center, office development, or the commercial portion of a mixed -use development Alternatively, a cafe can exist as an accessory use within a primary permitted use A cafe must comply with the following 036 1) A cafe can only have a limited food and beverage menu Food sold at cafes must be generally received in a pre - packaged or pre - cooked state that requires little or no preparation Limited means for hating of food (such as a microwave oven or toaster oven) may be provided 2) Cafes cannot exceed 1,200 gross square feet (including the area for food consumption) 3) The interior area for food consumption in cafes must be a maximum of 400 gross square feet of the floor area of the primary permitted on -site use 4) Seating areas in cafes must be defined by fixed barriers such as full or partial walls, fencing, or planters, corridors, counters, or permanent display fixtures 5) Not more than 15 seats are allowed in cafes 6) Orders for food or beverages in cafes must be placed and picked -up from an interior counter only No table service is provided 7) No drive -thru window or outdoor service window is allowed 8) No alcoholic beverages can be served 9) A minimum of 5% of the gross floor area must be devoted to the sale of non -food products The proposed Zone Text Amendment will define "Cafe" The Zone Text Amendment will allow "Cafes" as a permitted use and accessory use in the following zones the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone, and in the Heavy Industrial (M -2) Zone with a Conditional Use Permit, The various zones included in this project will collectively be referred to as "Zones" throughout the Initial Study The proposed project includes an amendment to prohibit alcohol from being served at "Cafes" and to require "Cafes" with outdoor dining to obtain a conditional use permit if the outdoor dining area comprises more than 20% of the total dining area with the exception that outdoor dining areas in the C-4 Zone do not require any discretionary approval The proposed Zone Text Amendment will also eliminate the term "Coffee Shop" from the Municipal Code The project includes an amend- ment to ESMC §15 -15 -3 to add a parking requirement for "Cafe " The following parking require- ment is proposed "Cafe" that comprise 20% or less of the gross floor area within a multi- tenant shopping center, office development or the commercial portion of a mixed -use project must provide parking at a ratio of 1 space for each 300 square feet Any portion of a "Cafe" or any cumulative floor area of multiple "Cafes" exceeding 20% of the gross floor area of a shopping center, commercial portion of a mixed -use project, or office development must provide parking at a ratio of 1 space for each 75 square feet including outdoor areas, if outdoor dining area exceeds 200 square feet 9. Surrounding Land Uses and Setting- (Bnefly describe the project's surroundings) The City of El Segundo is located in the Los Angeles urban area and is considered part of the Airport/Southbay subregion The City of El Segundo is situated between the Los Angeles International Airport to the north the City of Los Angeles Hyperion Wastewater Treatment plant and the Department of Water and Power Scattergood Generating Station and the Pacific Ocean to the west, the City of Manhattan Beach to the south, and the City of Hawthorne to the east o3 "1 The project affects various properties located within the following Zones in the City of El Segundo the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Heavy Industrial (M -2) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone, and Grand Avenue Commercial (GAC) Zone 10 Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) None 038 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below ( X) would be potentially affected by this project, involving at least one impact that is a Potentially Significant Impact as indicated by the checklist on the following pages DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a Aesthetics NEGATIVE DECLARATION will be prepared Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, there will Public Services not be a significant effect in this case because revisions in the project have been made by or agreed Agricultural Resources to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared Hydrology/Water Quality I find that the proposed project MAY have a significant effect on the environment, and an Recreation ENVIRONMENTAL IMPACT REPORT is required Air Quality I find that the proposed project MAY have a "potential significant impact' or "potentially significant Land Use /Planning unless mitigated" impact on the environment, but at least one effect (1) has been adequately Trans portation/Traffic analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed Biological Resources by mitigation measures based on the earlier analysis as described on attached sheets An Mineral Resources ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to Utilities /Service Systems be addressed Cultural Resources I find that although the proposed project could have a significant effect on the environment, because Noise all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Mandatory Findings of Si nificance DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to Geology /Soils that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Population /Housing imposed upon the proposed project, nothing further is required DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a X NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required Seimone Jurj Director of P a ing and Building Safety, City of El Se ndo 039 IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e g the project falls outside a fault rupture zone) A "No Impact" answer should be explained where it is based on project- specific factors as well as general standards (e g the project will not expose sensitive receptors to pollutants, based on a protect- specific screening analysis) 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project- level, indirect as well as direct, and construction as well as operational impacts 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact " The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced) 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063 (c) (3) (d) In this case, a brief discussion should identify the following (a) Earlier Analysis Used Identify and state where they are available for review (b) Impacts Adequately Addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis (c) Mitigation Measures For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the protect 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e g general plans, zoning ordinances) Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 8) This is only a suggested form, and lead agencies are free to use different formats, however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected 9) The analysis of each issue should identify (a) the significance criteria or threshold used to evaluate each question, and (b) the mitigation measure identified, if any, to reduce the impact to less than significance 040 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 1. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic X highway? c) Substantially degrade the existing visual character or quality of the site X and its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? a) There are no scenic vistas within the affected Zones No impacts would occur and therefore no mitigation is required b) None of the above referenced resources exist and there are no designated State scenic highways or registered historic buildings in the affected Zones No impacts would occur and no mitigation is required c) The project is located within an urbanized area which allows restaurants, coffee shops, and retail uses which are similar to the proposed definition for "CafB " The project would have no significant impact on the existing visual character of the Zones No specific development projects are proposed Therefore, no impact would occur and no mitigation is required d) The project would not create any new source of substantial light or glare No specific development projects are proposed Therefore, no impacts would occur and no mitigation is required 2. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project? a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- X agricultural use? a -c) None of the above mentioned agricultural resources are located within or near the subject Zones No land is zoned for agricultural uses, no agricultural uses are located within the City of El Segundo and there are no Williamson Act contracts in the City Therefore, no impacts would occur and no mitigation is required 3 AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations Would the project a) Conflict with or obstruct implementation of the applicable air quality X plan? b) Violate any air quality standard or contribute substantially to an existing X or projected air quality violation c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including X releasing emissions which exceed quantitative thresholds for ozone precursors)? 041 Issues and Supporting Information Potentially Lessthan Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated d) Expose sensitive receptors to substantial pollutant concentrations X e) Create objectionable odors affecting a substantial number of people? X a -b) The proposed definition for "Caf6" is similar to restaurant, coffee shop and retail uses already permitted in the Zones The use and development standards are consistent with the Zoning and the General Plan The proposed land use would not exceed the density that is already permitted within each Zone and specified in the General Plan The project as a whole will not conflict or obstruct implementation of the Air Quality Management Plan (AQMP) The pollutant levels anticipated from the use would be similar to those uses already permitted in the Zones No specific development projects are proposed Therefore, no impact would occur and no mitigation is required c) The South Coast Air Basin currently has a "severe" non - attainment status relative to State and Federal ozone, carbon monoxide (CO) and PM,e standards The proposed project involves defining a new category of food service use that is similar to restaurant and retail uses that are already allowed within the Zones Mobile and stationary source emissions would be similar to the uses that are already allowed within the Zones and would not result in a cumulatively considerable net increase of criteria pollutants for which the project region has non - attainment status Therefore, no impact would occur and no mitigation is required d) Southern California Air Quality Management District (SCAQMD) protocol utilizes localized CO concentrations to determine potential effects related to pollutant concentrations The proposed project only involves defining an existing use allowed in the Zones The proposed definition for "CafB" uses is similar to the existing restaurant and retail land uses that are already permitted within the Zones The project would not expose sensitive receptors to substantial pollutant concentrations Therefore, no impact would occur and no mitigation is required e) The future application of the proposed definition for "Cafe" is similar to those food service and retail uses currently permitted in the Zones This use would not create objectionable odors, particularly since no cooking would occur However, any odors would be minimized through the permitting processes for the use Therefore, no impact would occur and no mitigation is required 4. BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, X or by the California Department of Fish and Game or U S Fish and Wildlife Service? b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U S Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited X to, marsh, vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance 042 Issues and Supporting Information potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, X or state habitat conservation plan? a) The subject Zones are located within an urbanized area No specific development projects are proposed Therefore, the project would not have a substantial adverse effect, either directly or through habitat modifications on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service No mitigation is required b) The subject site is located within an urbanized area No specific development projects are proposed Therefore, the project could not have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies and regulations, or by the California Department of Fish and Game or U S Wildlife Service No mitigation is required c) The affected Zones are located within an urbanized area No specific development projects are proposed Therefore, the project could not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means Therefore, no mitigation is required d) The subject Zones are located within an urbanized area surrounded by other urban uses No specific development project is proposed Therefore, no impact would occur and no mitigation is required e) The City does not have a policy or ordinance protecting biological resources within or adjacent to the subject Zones No specific development projects are proposed Therefore, no impact would occur and no mitigation is required 0 The subject Zones and the surrounding area are not located within a Habitat Conservation Plan, Natural Conservation Community Plan, or any other approved local, regional, or state habitat conservation plan Therefore, the project could not conflict with such plans No mitigation is required 5 CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical X resource as defined in Section 15064 5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064 5? c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? d) Disturb any human remains, including those interred outside of formal X cemeteries a) No known historical resources are located within the affected Zones for the proposed use No specific development projects are proposed Therefore, no impact would occur and no mitigation is required b) There are no known archaeological resources as defined in Section 15064 5 within the affected Zones Therefore, no impact would occur and no mitigation is required c) The project is located within an urbanized area No paleontological resource or site or unique geologic feature is known to exist with the affected Zones No specific development projects are proposed Therefore, no mitigation is required d) No human remains, burial sites, or cemeteries are known to exist within the affected Zones or in the surrounding area No specific development projects are proposed Therefore, no impact would occur and no mitigation is required 043 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated 6. GEOLOGY AND SOILS Would the protect a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving (t) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence X of a known fault? Refer to Division of Mines and Geology Special Publication 42 (u) Strong seismic ground shaking? X (m) Seismic- related ground failure, including liquefaction? X (iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the protect, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X Building Code (1994), creating substantial risks to life or property? e) Have soils Incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not X available for the disposal of waste water? a) (I) The proposed protect defines "Caf6s" an existing use allowed within Zones that are located within the seismically active Southern California region, therefore, as with any development, site occupants for individual development protects would be subject to similar seismic risks as other developments of a comparable size and use which are located in the subject Zones There are no active Alquist- Priolo Earthquake Fault Zones in the City of El Segundo' So risk of surface rupture faulting is minimal No individual development protects are proposed and the potential impact is less than significant Therefore, no significant impact would occur and no mitigation is required (u) As indicated above, the project affects multiple Zones located in the seismically active Southern California region and therefore could be subject to strong ground shaking in the event of an earthquake The proposed protect does not include any specific development However, new development must comply with the design and construction standards contained in the California Building Code (CBC) and the El Segundo Municipal Code would reduce potential seismic impacts to less than significant levels Therefore, no significant impact would occur and no mitigation is required (m) The affected Zones area not considered to be an area of high risk for liquefaction or in areas subject to earthquake induced landslides z Therefore, no impact would occur and no mitigation is required (iv) The proposed protect affects multiple Zones No impact would occur since there is no specific development related to this protect The potential for landslides would be assessed on a case -by -case basis as a part of the environmental review for individual development protects No impact would occur and no mitigation is required b) The affected Zones are located within an urbanized area As there is no specific development correlated with this protect no erosion or loss of topsoil would result However, all new development must employ National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) No mitigation is required ' California, "Table 5 Cities and Counties Affected by Alquist- Priolo Earthquake Fault Zones as of May 1, 1999" 13 Feb 2006 <consry ca govCGSRGHM /ap /affected htm> z California, "Seismic Hazard Zones Map ", "Venice Quadrangle (Official Map) March 25, 1999 " 13 Feb 2006 < http / /gmw consry ca gov /shmp /download /pdf /ozn_veni pdf> 044 Issues and Supporting Information Potentially Less than Less Than No Impact project it would not result in or expose people to potential impacts involving expansive soils However, all new Significant Significant Significant 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or the environment through the Impact With Impact X routine transport, use or disposal of hazardous materials? Mitigation b) Create a significant hazard to the public or the environment through Incorp orated c) The affected Zones are located within an urbanized area As there is no specific development correlated with this project there is no excavation, grading or fill Thus, the proposal would not result in or expose people to potential impacts involving the on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse However, all new development must comply with the California Building Code regulations No mitigation is required d) The affected Zones are located within an urbanized area As there is no specific development correlated with this project it would not result in or expose people to potential impacts involving expansive soils However, all new development must comply with California Building Code regulations No mitigation is required e) The affected Zones are located within an urbanized area that is supported by an existing sewer infrastructure No Impacted Is anticipated therefore no mitigation is required 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or the environment through the X routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions Involving the X likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or X proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as X a result would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project X area? g) Impair implementation of, or physically interfere with an adopted X emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands? a) The proposed project defines "Cafe" an existing use allowed within the affected zones This proposed definition is similar to the uses (restaurants, coffee shops, and retail) already permitted In the Zones This project will not create nor increase such hazards Retail and food service uses commonly use chemicals and solution to cleanse and sanitize preparation and cooking areas These chemicals are similar to household chemicals and are often stored In small quantities No specific development projects are proposed, therefore, no impact would occur b) The project defines "Cafe" an existing use allowed within the affected Zones and a corresponding parking ratio The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials No mitigation is required 10 045 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco min" c) As stated above, the proposed use is similar in nature to the existing food service and retail uses permitted in the Zones "Caf6" uses are not likely to involve operations that could emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of any existing or proposed school No specific development projects are proposed Therefore, no mitigation is required d) The proposed project affects multiple Zones in which specific sites may be included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 There is no specific development correlated with this project The environmental review of sites within the Zones that are Included on the hazardous material sites list would be assessed on a case -by -case basis as specific projects are proposed to determine if the development would create a significant hazard Therefore, no impact would occur and no mitigation is required e) Some of the areas within the affected Zones are located within 2 miles of the Los Angeles International Airport (LAX) The proximal location of this aviation use poses a slight risk for loss or injury to accidents or risk of upset The proposed project does not include any specific development, however, all new development must comply with the maximum building height permitted In the Zones and the impact is less than significant No mitigation is required f) The site is not within the vicinity of a private airstrip No impact would occur and no mitigation is required g) The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plans Therefore, no impact would occur and no mitigation is required h) The affected Zones are not adjacent to wildlands or inter -mixed with wildlands Therefore, no loss, injury or death involving wildland fires would occur No mitigation is required 8. HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge requirements'? X b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , X the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial X additional sources of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood X hazard delineation map? h) Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows? 11 04 G Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated I) Expose people or structures to a significant risk of loss, Injury or death Involving flooding, Including flooding as a result of the failure of a levee X or dam? I) Inundation by selche, tsunami, or mudflow? X a) The protect will not violate any water quality standards or waste discharge requirements as long as the future construction and operations adhere to all applicable laws regulating water quality and waste discharge standards There is no Indication that the project could reasonably violate such standards No Impact would occur b) The affected Zones are located within an urbanized area The proposed definition for "Caf6" is similar to the restaurant, coffee shop, and retail uses already permitted within the Zones and is anticipated to have similar water consumption rates as such no significant change in groundwater supplies or Interference with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level are anticipated Since no specific development projects are proposed no Impact would occur No mitigation Is required c -d) The affected Zones are located within an urbanized area As there Is no specific development correlated with this project It would not alter existing drainage patterns In a manner that would result in substantial erosion However, new development must provide drainage plans, adhere to National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) and comply with water quality regulations and standards (I a Standard Urban Stormwater Mitigation Plan (SUSMP)) Therefore, no Impact would occur and no mitigation Is required e) As stated above the project will not create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems However, new development must provide drainage plans, adhere to National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) and comply with water quality regulations and standards (I a Standard Urban Stormwater Mitigation Plan (SUSMP)) Therefore, no Impact would occur and no mitigation is required f) The affected Zones are located within an urbanized area As there is no specific development correlated with this project It would not result In any foreseeable degradation in water quality However, new development must provide drainage plans, adhere to National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) and comply with water quality regulations and standards (I a Standard Urban Stormwater Mitigation Plan (SUSMP)) Therefore, no Impact would occur and no mitigation Is required g -h) The proposed project does not Include any residential development However, none of the affected Zones are located within a 100 -year flood hazard area Therefore, no Impact would occur and no mitigation Is required I) There are no levees or dams In or near the subject Zones As stated above In g -h, the Zones affected by this protect are not within a flood hazard area Therefore, no Impact would occur I) According to the Public Safety Element of the General Plan, Inundation of the site by selche, tsunami or mudflow Is highly unlikely The Neighborhood Commercial (C -2) Zone is the zone closest to the Pacific Ocean at a distance of approximately 4,000 feet east, most tsunamis are not likely to Impact the site, as the elevation of the subject site is approximately 127 feet above sea level According to the El Segundo General Plan, coastal portions of the City are Identified by the State as tsunami hazard areas, but the coastal portions of the City are not within the affected Zones" Therefore, there is a less than significant impact and no mitigation Is required 9 LAND USE AND PLANNING Would the project a) Physically divide an established community? X 3 El Segundo General Plan — 1992, Public Safety Element ° El Segundo General Plan — 1992, Public Safety Element 12 047 Issues and Supporting Information Potennany Less than Less Than No Impact agency with jurisdiction over the project (including, but not limited to the Significant Significant Significant general plan, specific plan, local coastal program, or zoning ordinance) Impact With Impact X adopted for the purpose of avoiding or mitigating an environmental Mmgatim effect? Inco orated b) Conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) X adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X community conservation plan? a) The project could not physically divide an established community as the project involves defining a new food service use and parking ratio to be allowed within existing commercial Zones in the City Therefore, no impact would occur and no mitigation is required b) The project would be in compliance with the General Plan and the zoning ordinance The project is consistent with the purpose of the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C- 3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C -4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone to allow commercial uses as established by El Segundo Municipal Code §§ 15 -5A -1, 15- 15 -513-1, 15 -5C -1, 15 -5D- 1,15 -5E -1, 15 -5F -1, 15 -5G -1, 15 -6A -1, 15 -6C -1, 15 -6D -1 and 15 -76 -1 in which "Cafes" are permitted The project is consistent with development standards of the affected Zones and would not increase density No individual development projects are proposed Therefore, no impact would occur c) The affected Zones in the project area are not within or near any habitat conservation or natural community conservation plan Therefore, no impact would occur and no mitigation is required 10 MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other X land use plan? a -b) In the City of El Segundo General Plan, the Conservation Element states that the community's mineral resource is oil, The proposed project affects multiple Zones in which specific sites may contain mineral resources that are of value to the region and the residents of the state However, there is no specific development correlated with this project No impact would occur At the time new developments are proposed within these Zones an environmental assessment will be made to determine if development of the site would result in any significant loss of availability of mineral resources Therefore, no mitigation is required 11. NOISE Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne X vibration or ground borne noise levels c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without the project d) A substantially temporary or periodic increase in ambient noise levels in X the project vicinity above levels existing without the project U 13 4 O Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco rated e) For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working In the protect area to excessive X noise levels? a -b) The affected Zones are located within an urbanized area The proposed definition for "Caf6" is similar to restaurants, coffee shops, and retail uses already permitted in the Zones The project is not expected to expose persons to or generate noise levels or vibration in excess of standards established within the El Segundo General Plan and Municipal Code The affected zones are located within the 65 to 70 CNEL (Community Noise Equivalent Level) noise contours El Segundo Municipal Code §7 -2-4 permits noise within commercial zones noise to exceed the ambient noise level by 8 dBA No specific development projects are proposed Therefore, no impact would occur and no mitigation is required c -d) The affected Zones are located within an urbanized area The proposed "Caf §" use is similar to restaurants, coffee shops, and retail uses already permitted in the Zones Since "CafBs" as defined do not have operational characteristics similar to the existing permitted uses within the project it Is not expected to generate noise at levels that would result in a substantial permanent or periodic increase in ambient noise levels in the project vicinity above levels existing without the project Since no specific development protects are proposed to be constructed, there will be no temporary increase in ambient noise Therefore, the impact would be less than significant No mitigation is required e) The affected Zones begin within one mile from the Los Angeles International Airport (LAX) (See 11a above) f) The site Is not within the vicinity of a private airstrip No impact would occur 12 POPULATION AND HOUSING Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for X example, through extension of roads or other Infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction X of replacement housing elsewhere? a) The proposed project is a zone text amendment to define "Cafes" and add a corresponding parking ratio No specific development projects are proposed The project would have no foreseeable Increase in population growth in the area Therefore, no impact would occur and no mitigation is required b) The project will not displace any existing housing, as there is no specific development associated with this project No mitigation is required c) The project will not displace substantial numbers of people, as there is no specific development associated with the project Therefore, no impact would occur and no mitigation is required 13. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services a) Fire protection? X 14 1149 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated b) Police protection? X c) Schools? X d) Parks? X e) Other public facilities? X a — e) The proposed project is consistent with the General Plan and zoning regulations and would not increase density The proposed project would not necessitate the need for new or physically altered government facilities as the acceptable service ratio will not be affected for all services listed above, including the County Sanitation District No specific projects are proposed Therefore, no impact would occur and no mitigation is required 14. RECREATION a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? a) The project would not result in any foreseeable increase in the use of existing neighborhood or regional parks or other recreational facilities No specific development projects are proposed Therefore, no impact would occur and no mitigation is required b) The project does not include recreational facilities or require the construction or expansion of recreational facilities Therefore, no impact would occur and no mitigation is required 15 TRANSPORTATION/TRAFFIC. Would the project a) Cause an increase in the traffic which is substantial in relation to the existing traffic load and capacity of the street system (i e , result in a X substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for X designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety X risks? d) Substantially increase hazards to a design feature (e g , sharp curves or X dangerous intersections) or incompatible uses (e g farm equipment) e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies or programs supporting alternative X transportation (e g , bus turnouts, bicycle racks) 15 UJO Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation a) The proposed project is a Zone Text Amendment to define "Cafes" a permitted use within the Zones and to establish a parking requirement No specific development projects are proposed Based on the land use categories established in the Institute of Transportation Engineers, Trio Generation Manual, 7th Edition the Zone Text Amendments proposed definition for "Caf6" is most similar to the land use category of fast food restaurant without drive- through window service as a freestanding use However, the project proposes that this use can only be permitted within a shopping center, office, or a retail commercial of a mixed -use development, therefore the shopping center trip generation rates can be applied The vehicle trips that would be anticipated for the "Caf&' use as an establishment within a shopping center during the weekday peak hour of adjacent street traffic for one hour between 4 pm and 6pm is 3 75 trips per 1,000 square feet Therefore, the use is consistent with the trip generation rates for uses already allowed within the affected zones As evaluated in the Circulation Element of the General Plan, the roadways and intersections adjacent to the Zones currently operate at all levels of service (LOS) including LOS E and LOS F The anticipated trip generation rates for "Cafe" would not cause a significant increase in relation to the existing traffic load and capacity of the street system The cumulative effect of new development of "Cafes" " within a new development project would be determined at the time of environmental review for any new development projects The proposed project will create a less than significant traffic impact and no mitigation is required b) The proposed project is a Zone Text Amendment to define "Cafe" and establish a parking requirement No specific development projects are proposed The proposed use is similar to uses that are already allowed in the affected commercial zones The number of trips the proposed use would create would be the same as other uses already allowed in the affected commercial zones because the proposed use would apply the shopping center trip generation rate Such traffic levels will not individually exceed a level of service standard established by the City of El Segundo or county congestion management agency for designated roads and highways While the cumulative effect of development of "Cafes" is not anticipated to be potentially significant, potential impacts of individual new development projects would be determined at the time of environmental review for any new development projects The proposed project will create a less than significant traffic impact and no mitigation is required c) As stated previously, the project will not result in a change in location of air traffic patterns due to the size and height of the project In addition, the size and density of the project is such that an increase in air traffic levels is not anticipated Therefore, no impact would occur and no mitigation is required d) The proposed project will not alter the existing vehicular circulation system Therefore, there will not be a substantial increase in hazards due to a design feature incompatible use The propose use is consistent with the retail, restaurant, coffee shops and bars currently permitted in the Zones Therefore, no impacts would occur and no mitigation is required e) The project only provides a new definition and parking standards for "Cafes" within the existing commercial zones it is permitted No specific development projects are proposed, therefore the project does not involve any modification to existing roads and driveways that could result in inadequate emergency access Therefore, no impacts would occur and no mitigation is required f) The project proposes a Zone Text Amendment to add a new definition for limited "Cafe' and establish a parking requirement No specific development projects are proposed As defined the use would only be permitted within the affected Zones as a part of a shopping center, office development, or commercial portion of a mixed -use development The amendment proposes that "Cafe' uses be parked at a commercial /retail ratio of 1 space for each 300 square for "Cafes" that composes 20% or less of the gross floor area of a shopping center, office development, or the commercial portion of a mixed -use development Any " "Cafe' use above that 20% would be required to provide parking at a ratio of 1 space per 75 square feet "Cafe' uses are only permitted as a component of a larger development (shopping center, office development, or commercial portion of a mixed use project) which facilitates some sharing of the parking between uses within a development The demand for parking for a specific use within a development varies over the course of a day In addition, to the maximum percentage of a development that may be UJ r< A Issues and Supporting Information Po enhauy Less than Less Than No Impact additional parking at higher ratio of 1 space per 75 square feet Therefore, the project would not result in an S,gmficant significant Significant project only provides a new definition and parking standards for "Caf &" use within existing commercial zones No specific development projects are proposed and no impacts would occur Therefore, no mitigation is required Impact With Impact X Mitigation Incorporated parked at a commercial /retail rate (1 space per 300 square feet) the intensity of "Caf6" uses will be limited to a maximum size of 1,200 square feet for individual tenancies, a maximum seating area of 400 square feet with a maximum of 15 seats, and drive -thru or walk -up windows would be prohibited in conjunction with the use Limiting the amount of "Cafes to not more than 20% of the development with a parking ratio of 1 space for each 300 square feet would ensure the development is not saturated with uses that have similar peaks in parking demand without providing additional parking at higher ratio of 1 space per 75 square feet Therefore, the project would not result in an inadequate parking capacity to support the uses A less than significant Impact would occur and no mitigation is required g) The project will not conflict with adopted policies, plans or programs supporting alternative transportation Since the project only provides a new definition and parking standards for "Caf &" use within existing commercial zones No specific development projects are proposed and no impacts would occur Therefore, no mitigation is required 16 UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? e) Result in a determination by the wastewater treatment provider, which services or may serve the project determined that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statues and regulations related to X solid waste? a) The affected Zones are located within an urbanized area As there is no specific development correlated with this project it would not result in any reasonably foreseeable deviation in wastewater treatment requirements Wastewater generated by "Caf6" uses are similar to other restaurant and retail uses in the Zones for which no pre- treatment is required and wastewater is treated by standard (primary, secondary and tertiary) treatment processes Although not anticipated to occur under this project any new development with or without approval of this project must comply with all applicable wastewater treatment requirements of the Regional Water Quality Control Board Therefore, no impact would occur from the project No mitigation is required b) The affected Zones are located within an urbanized area As there is no specific development correlated with this project it would not result the construction of new water or wastewater treatment facilities or expansion of existing facilities Therefore, no impact would occur and no mitigation is required c) The affected Zones are located within an urbanized area As there is no specific development correlated with this project it would not result the construction of new storm water drainage facilities or expansion of existing facilities Therefore, no impact would occur and no mitigation is required d) The affected Zones are located within an urbanized area As there is no specific development correlated with this project it would not result the construction of new water or wastewater treatment facilities or expansion of existing 17 l G Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact with Impact Mrttganon Inco orated facilities Therefore, no Impact would occur and no mitigation is required e) See 161b above f) The affected Zones are located within an urbanized area The proposed project to establish a new definition for a "Cafess" and parking ratio would not increase solid waste disposal needs As there Is no specific development correlated with this project and any new projects would be In -fill development within the affected Zones, there Is no foreseeable reason that existing landfills in the area would not have sufficient capacity to serve the solid waste disposal needs Therefore, no Impact would occur and no mitigation Is required g) There is no Indication that the project would not comply with federal, state and local statutes and regulations related to solid waste The type of uses and the type of solid waste that will be generated Is anticipated and accommodated with trash bins and enclosures, and regular solid waste pick -up No Impact would occur and no mitigation Is required 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the X number or restrict the range of a rare or endangered plant or animal, or eliminate Important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are Individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in X connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X Indirectly? a) The proposed definition for "Caf6" Is a use that Is similar to the restaurant, coffee shops, and retail uses already permitted within the Zones Since the land use Is similar in nature to those that are already permitted and does not Involve a specific development project, the project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory No significant impact would occur and no mitigation measures are required b) The Incremental effects of the project are not significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects, since the project establishes a new commercial use similar to existing uses In the affected Zones with no Increase In density impacts The proposed project does not include any specific development Although there are other past, current and probable future projects in the area, the project's contribution to cumulative, traffic, air quality and other impact areas would be de minimis (I e environmental conditions would essentially be the same whether or not the proposed project is implemented) Therefore the project would not be detrimental to the achievement of long -term environmental goals No significant impact would occur and no mitigation measures are required c) As noted In the evaluations above, the proposed project would not result In any significant impacts Thus, the proposed project would not have the potential to result In substantial adverse effects on human beings No significant impact would occur and no mitigation measures are required 18 0053 Issues and Supporting Information Potennahy Less than Significant Significant Impact With Mitigation Source List Less Than No Impact Significant Impact Air Quality Management District, Air Quality Analysis Guidance Handbook California, California Building Code, 2001 California, "Seismic Hazard Zones Map ", "Venice Quadrangle (Official Map) March 25, 1999 " 13 Feb < http / /gmw consry ca gov /shmp /download /pdf /ozn_veni pdf> California, "Table 5 Cities and Counties Affected by Alquist- Priolo Earthquake Fault Zones as of May Feb 2006 <http / /www consry ca govCGSRGHM /ap /affected htm> City of El Segundo Subdivision and Zoning Code City of El Segundo General Plan, as amended (1992) a Circulation Element (2004) b Land Use Element (1992) c Conservation Element (1992) d Noise Element (1992) e Public Safety Element (1992) 2006 1999" 13 Department of Toxic Substances Control (DTSC's) Hazardous Waste and Substances Site List (Cortese List) Institute of Transportation Engineers, Trio Generation Manual, 7 i Edition P \Planning & Building Safety\PROJECTS \651- 700\EA- 697\EA697CAFE Initial Study Checklist doc 19 05 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC MEETING: March 23, 2006 SUBJECT: Environmental Assessment No. EA -697 & Zone Text Amendment (ZTA) No. 06 -1 APPLICANT: City of El Segundo PROPERTY OWNER: Various REQUEST: Add a New Definition for "Cafe" to the El Segundo Municipal Code (ESMC); amend various sections of the ESMC to allow the newly defined "Cafes" as a permitted used and an accessory use in the Downtown Commercial (C -RS), Neighborhood Commercial (C -2), General Commercial (C -3), Corporate Office (CO), Urban Mixed -Use North (MU -N), Urban Mixed -Use South (MU -S), Commercial Center (C-4), Light Industrial (M -1), Small Business (SB), Medium Manufacturing (MM) and Grand Avenue Commercial (GAC) Zones, and with a Conditional Use Permit in the Heavy Industrial (M -2) Zone; to eliminate "coffee shops" from all commercial and industrial zones; require a Conditional Use Permit for cafes with outdoor dining that exceed 20% of the total dining area; and to add a parking requirement for "Cafes." PROPERTY INVOLVED: Various -City Wide 1. Introduction The Planning and Budding Safety Department is requesting that the Planning Commission review the proposed ordinance that 1) defines "Cafe ", 2) allows the newly defined "Cafe" as a permitted use and an accessory use in the Downtown Commercial (C -RS), Neighborhood Commercial (C -2), General Commercial (C- 3), Corporate Office (CO), Urban Mixed -Use North (MU -N), Urban Mixed -Use South (MU -S), Commercial Center (C-4), Light Industrial (M -1), Small Business (SB), Medium Manufacturing (MM), and Grand Avenue Commercial (GAC) Zones, and a use allowed with a Conditional Use Permit in the Heavy Industrial (M -2) Zone, 3) prohibits the serving of alcohol at "Cafes ", 4) eliminates "coffee shop" as a use within various commercial and industrial zones, 5) proposes that outdoor dining at "Cafes" require a conditional use permit if the outdoor dining 1 055 comprises more than 20% of the total dining area of the "Cafe ", and 6) proposes a parking requirement for "Cafe" uses The purpose of this proposed amendment is to update the Municipal Code to address business establishments which combine food service and limited retail which do not have the same operating characteristics as traditional restaurants Examples of this "hybrid" type of establishment described include well known chains as Coffee Bean and Tea Leaf, Starbucks, and Peefs Coffee and Tea This "Cafe" use is intended to include both individual tenancies (primary uses) and locations within larger retail establishments (accessory uses) For instance, an accessory use would be a Starbucks that is located within Albertsons, Target, Barnes and Nobles, or Borders Bookstores In addition, the purpose of the Ordinance is to establish a parking requirement for cafes that is proportionate to the impact of the land use which is important for encouraging a healthy business community as well as for maintaining quality of life II. Recommendation Staff recommends that the Planning Commission adopt Resolution No 2597 which recommends that the City Council adopt the proposed zone text amendments III. Background El Segundo Municipal Code (ESMC) §15 -1 -6 includes definitions for the following food service categories 1) restaurants, 2) drive -thru restaurants, and 3) food -to- go uses Coffee shop and cafes are currently listed as permitted uses within various commercial and industrial zones in the City, but do not have a specific definition The proposed Ordinance would define "Cafes" and eliminate the term "Coffee Shop " In addition to defining "Cafes ", staff proposes that a corresponding commercial parking requirement be established for this use IV. Analysis "Cafe" and "Coffee Shop" are two uses that are currently listed within the El Segundo Municipal Code However, neither term is defined Without a specific definition for either cafe or coffee shop both uses can be categorized as a restaurant The proposed Ordinance would eliminate the term "Coffee Shop" since the term is redundant and interchangeable with the term "Restaurant " The proposed Ordinance defines "Cafe" in a manner that distinguishes it from a restaurant As proposed, a "Cafe" use is a combination of limited food service and retail, which the existing food service definitions (drive -thru restaurant, restaurant and food- to -go) in the Municipal Code do not address "Cafes operates in a manner more similar to retail/commercial uses than restaurants due to the quick turn over of patrons In order to ensure that "Cafe" is recognized as a distinct use from restaurants and other food service uses, the draft ordinance would add the following definition to the ESMC 2 056 Cafe means an establishment that sells food or beverages for consumption on or off the premises, in conjunction with retail sales of other goods A cafe can only be located within a multi- tenant shopping center, office development, or the commercial portion of a mixed -use development Alternatively, a cafe can exist as an accessory use within a primary permitted use A cafe must comply with the following A) A cafe can only have a limited food and beverage menu Food sold at cafes must be generally received in a pre - packaged and /or pre- cooked state that requires little or no preparation Limited means for heating food (such as a microwave oven or toaster oven) are allowed, B) Caf6s cannot exceed 1,200 gross square feet (including the area for food consumption), C) The interior area for food consumption in cafes must be a maximum of 400 gross square feet of the floor area of the primary permitted on -site use; D) Seating areas in cafes must clearly be separated from other portions of the use as defined by fixed barriers such as full or partial walls, fencing or planters, corridors, counters, or permanent display fixtures; E) Not more than 15 seats are allowed within cafes, F) Orders for food or beverages in cafes are placed and picked -up from an interior counter only, No table service is provided, G) No drive -thru window or outdoor service window is allowed, H) No alcoholic beverages can be served, and 1) A minimum of 5% of the gross floor area must be devoted to the sale of non -food products. The proposed definition establishes a distinct land use type that includes adequate thresholds to ensure that a balance of limited food service and retail is maintained Zones The "Cafe" use as defined would be appropriate as a continued permitted primary use in all the zones in which "Cafe" is currently allowed The Zones in which "Cafe" is permitted as a primary use include the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban 3 057 Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, and Medium Manufacturing (MM) Zone Additionally, "Cafe" is proposed as a permitted use and accessory in the Grand Avenue Commercial (GAC) Zone where restaurants and retail uses are already allowed Existing permitted uses within these zones include restaurants and retail uses which are similar in nature to the proposed definition of "Cafe " A "Cafe" would also be allowed with a conditional use permit in the Heavy Industrial (M -2) Zone As proposed the Ordinance would eliminate "Cafe" as a use in which the on -site sale and consumption of alcohol could be permitted. The proposed Ordinance also amends the EI Segundo Municipal code to require a Conditional Use Permit for a "Cafe" with an outdoor dining area that exceed 20% of the total dining area in the C -RS, C -2, C -3, CO, MU -N, MU -S, M -1, SB, MM, GAC, and M -2 Zones Since the proposed maximum indoor dining area at a "Cafe" is 400 square feet, the maximum outdoor area that would be permitted without the approval of a Conditional Use Permit is 80 square feet Outdoor dining areas in the C-4 Zone do not require any discretionary approval Parking There are three existing parking standards for food related uses and one existing parking standard for retail uses in the El Segundo Municipal Code ( §15 -15 -3) Restaurants and dnve4hru restaurants are required to provide parking at a ratio of 1 space per 75 square feet, including any outdoor dining areas if the area exceeds 200 square feet or 20% of the indoor dining area, whichever is less In addition, no parking is required for restaurants which are a maximum of 500 square feet and do not provide sit -down eating accommodations In contrast food -to -go uses which by definition do not include provisions for the on -site consumption of food are required to provide parking (at a ratio of 1 space for each 300 square feet). Additionally, retail uses are required to provide parking at a ratio of 1 space for each 300 square feet. In consideration of the conditions imposed on "Cafes ", the proposed use should be considered as similar in nature to retail uses Accordingly, the following parking standard is proposed "Cafes" that equal 20% or less of the gross floor area within a multi- tenant shopping center, office development or the commercial portion of a mixed - use project must provide parking at a ratio of 1 space for each 300 square feet Any portion of a "Cafe" or any cumulative floor area of multiple "Cafes" exceeding 20% of the gross floor area of a shopping center, commercial portion of a mixed -use project, or office development must provide parking at a ratio of 1 space for each 75 square feet including outdoor areas if outdoor dining area exceeds 200 square feet The proposed parking standard would provide adequate parking for a "Cafe" because of the operational restrictions imposed on such use First, "Cafe" uses 4 (15 8 are not permitted as a stand alone establishment Second, the amount of "Cafe" uses that can be parked at the commercial /retail parking rate of 1 space for each 300 square feet is 20% of the shopping center, office development or commercial portion of a mixed -use project. This provision requiring a "Cafe" use to be located within a shopping center, an office development or commercial portion of a mixed -use protect would facilitate some sharing of the parking between uses within the development The demand for parking for a specific use within a development varies over the course of a day Restricting the amount of "Cafe" uses to not more than 20% of a shopping center, office development or commercial portion of a mixed -use project would ensure the development is not saturated with uses that have similar peaks in parking demand without providing additional parking at a higher ratio of 1 space for each 75 square feet Third, the proposed parking rate is appropriate since the intensity of cafe use would be managed by the conditions imposed 1) a maximum size of 1,200 square feet for individual tenancies, 2) provide a maximum seating area of 400 square feet of the floor area containing not more than 15 seats, 3) limits the establishment from providing services of a full service restaurant, 4) prohibits drive -thru or walk -up windows, and 5) requires a portion (5% minimum) of the floor area to be devoted to retail use V. General Plan This Zone Text Amendment would conform with General Plan Land Use Element Goal LU4 and Objective LU4 -1 in that the development of the "Cafe" uses will help to foster a stable tax base for the City while promoting the development of high quality retail facilities in proximity to major employment centers The project conforms with Economic Development Element Goal ED1 to create a strong, healthy economic community. In addition, the proposed amendments conform with Economic Development Element Policy ED1 -2.1 and Policy ED1 -2.2 to expand El Segundo's retail and commercial base through the establishment of a new use and promotion of a land use that improves the City's tax base, while balancing economic development and quality of life goals by defining a new use and requiring a parking requirement that supports the intensity of the proposed use Further, the amendment conforms to Policy ED3 -1 5 in that it encompasses a mix of retail and commercial businesses that stimulate pedestrian traffic and meets the communities changing needs for goods and services Finally, the amendment conforms with Circulation Element Objective C3 -2, Policy C3 -2 1 and Policy C3 -2 2 by ensuring that there is adequate parking by creating a parking requirement that supports the intensity of the use VI. Environmental Review The proposed project has been analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts (Exhibit D) was prepared pursuant to Public Resources Code §15063 (the California Environmental Quality Act) A Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA § 15070 The negative declaration has been circulated for 5 C1`JJ public review and comment between February 24, 2006 and March 16, 2006 The comment period has been extended to April 12, 2006 VII. Conclusion Staff recommends that the Planning Commission adopt Resolution No 2597 which recommends that the City Council adopt the proposed ordinance which adds a new definition for "Cafe" to El Segundo Municipal Code (ESMC) §15 -1 -6 and eliminate coffee shop as a use in the ESMC The proposed ordinance would continue to allow "Cafes" as a permitted primary and accessory use in Downtown Commercial (C -RS), Neighborhood Commercial (C -2), General Commercial (C- 3), Corporate Office (CO), Urban Mixed -Use North (MU -N), Urban Mixed -Use South (MU -S), Commercial Center (C -4), Light Industrial (M -1), Small Business (SB), and Medium Manufacturing (MM) Zones "Cafes" would also be permitted with a conditional use permit in the Heavy Industrial (M -2) Zone. The ordinance would prohibit the serving of alcohol at "Cafes" and would require a conditional use permit for "Cafes" with outdoor dining that exceeds 20% of the total dining area The ordinance would also establish a commercial parking rate for "Cafes " VIII. Attachments A Draft Planning Commission Resolution No 2597 including Ordinance B Section 15 -1 -6 of the El Segundo Municipal Code Excerpt "Drive -Thru Restaurant ", "Food- to -go" and "Restaurant" C. Section 15 -15 -3 of the El Segundo Municipal Code D Initial Study Prepared by Alexis Schopp, Planning Technician Kimberly Ch ensen, AICP, Planning Manager Planning an Building Safety Seimone Jurli Di ctor Planning and Building Safety P \Planning & Building Safety\Proiects\ EA676- 700\EA697\EA- 697Catepcsr32306 doc 6 66 G RESOLUTION NO. 2597 • RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT • NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 697 (EA -697) AND ZONE TEXT AMENDMENT ZTA NO. 06 -1 TO AMEND EL SEGUNDO MUNICIPAL CODE (ESMC) REGARDING "CAFES" AND "COFFEE SHOPS ". The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Planning Commission finds and declares that A On January 23, 2006, City staff initiated an application for Environmental Assessment No. EA -697 and Zone Text Amendment ZTA No 06 -1 affecting multiple sections of the El Segundo Municipal Code ( "ESMC ") A draft ordinance implementing the zone text amendments is attached as Exhibit "A," and incorporated by reference, B The application was prepared and 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 An Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA) The Initial Study demonstrated that there is no substantial evidence that the project would have a significant effect on the environment Accordingly, a negative declaration was prepared The notice of intent to adopt the negative declaration was provided in accordance with the Public Resources Code and the CEQA Guidelines The negative declaration has been circulated for public review and comment between February 24, 2006 and April 12, 2006, E The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for March 9, 2006, F On March 9, 2006, the Commission continued the public hearing to March 23, 2006, -1- IP Tiannmg & Building Safety\PROJECTS \676- 700\EA- 697 \Ea- 697reso doc] UUi G The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for March 23, 2006, H On March 23, 2006, the Commission continued the public hearing until April 13, 2006, On April 13, 2006, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth in the staff report. Following the public hearing, the Commission considered the evidence, and J This Resolution, and its findings, are made based upon the evidence presented to the Commission at its April 13, 2006, hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department, information submitted on March 23, 2006, and the evidence received on April 13, 2006 SECTION 2 Environmental Assessment The Draft Ordinance was analyzed for its environmental impacts and a Draft Initial Study was prepared pursuant to CEQA Guidelines §15063 The Initial Study demonstrated that the project will not have a significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines § 15070 Accordingly, based upon the evidence presented to the Commission, the City need not prepare an environmental impact report for the proposed project SECTION 3 General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by the Ordinance are consistent with the City's General Plan as follows• A "Caf6" is proposed as a primary permitted use and an accessory use in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C- 4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone, and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone "Caf6" is consistent with the intent of the General Plan land use designations to serve the commercial and retail needs of the neighborhood, the community at large, as well as surrounding areas B The proposed amendment to define "Caf6" and add a corresponding parking requirement for "Caf6" conforms with the General Plan goals, objectives and policies -2- IP \Planning & Building Safety\PROJECTS \676- 700 \EA- 697\Ea- 697mso doc] 062 related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU4 and Objective LU4 -1 in that the development of the new use will foster a stable tax base for the City and promote the development of high quality retail facilities in proximity to mayor employment centers C The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Economic Development Element Goals, Objectives and Policies Specifically, the amendment is consistent with Goal ED1, Policy ED1 -21, Policy ED1 -2.2 and Policy ED3 -1.5 in that the proposed amendments will help to foster a strong healthy economic community in El Segundo through defining a new commercial use that is permitted, the use will serve the diverse needs of the City's business and residential communities by expanding El Segundo's retail and commercial base, encourage land uses that improve the City's tax base, while balancing economic development and quality of life goals by defining a new use and requiring a parking requirement that supports the intensity of the proposed use D The proposed amendment to define "Cafe" and add a corresponding parking requirement for "Cafe" conforms with several General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements The amendment is consistent with the Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Circulation Element Objective C3 -2, Policy C3 -2 1 and Policy C3 -2 2 in that the amendment a new use and a parking requirement that supports the intensity of the proposed use ensuring that sufficient on parking is provided SECTION 4 Zone Text Amendment Findings Based on the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project and to establish development standards and use districts for "Cafe." A The amendments to the ESMC defining "Cafe" as a permitted use and an accessory use allowed in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C -3) Zone, Corporate Office (CO) Zone, Urban Mixed -Use North (MU -N) Zone, Urban Mixed -Use South (MU -S) Zone, Commercial Center (C-4) Zone, Light Industrial (M -1) Zone, Small Business (SB) Zone, Medium Manufacturing (MM) Zone and Grand Avenue Commercial (GAC) Zone, and with a Conditional Use Permit in the Heavy Manufacturing (M -2) Zone, deleting "Coffee shop" from the ESMC, requiring a Conditional Use Permit for Cafes with outdoor dining if the outdoor dining area comprises more than -3- [P Tlannwng & Building Safety\PROJECTS \676- 100\EA- 697\Ea- 697mso docl 0613 20% of the total dining area of the Caf6, and adding a parking requirement for "Cafe" in the draft ordinance attached as Exhibit "A," and incorporated by reference ( "Draft Ordinance "), are consistent with the City's procedures and standards, B "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Downtown Commercial (C -RS) Zone to restrict the principal permitted uses to commercial retail- service uses and certain complimentary uses in order to promote and protect the commercial retail service character of the downtown area, C "Caf6" as an allowed primary use and accessory use is consistent with the purpose of the Neighborhood Commercial (C -2) Zone to serve the neighborhood commercial needs of adjacent residential areas, D "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the General Commercial (C -3) Zone to include a broad spectrum of retail and service commercial uses that serve a broad cross section of the City and surrounding area, E "Caf6" as a an allowed primary use and an accessory use is consistent with the purpose of the Corporate Office (CO) Zone to allow food serving uses and limited retail as uses complimentary to office, R "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Urban Mixed -Use North (MU -N) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single building and to encourage street level uses which promote pedestrian activity for area workers and visitors, G "Caf6" as an allowed primary use and accessory use is consistent with the purpose of the Urban Mixed -Use South (MU -S) Zone to allow a mixture of compatible commercial and office, research and development and retail, to encourage several uses to occupy a single building and to encourage street level uses which promote pedestrian activity for area workers and visitors, H "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Commercial Center (C-4) Zone to allow commercial establishments serving the city and surrounding areas; "Caf6" as allowed primary use and an accessory use is consistent with the purpose of the Light Industrial (M -1) Zone to allow auxiliary uses -4- IP \Planning & Building Safety\PROJECTS \676- 700\EA- 697\Ea- 697reso doc] vb4 performing support services for existing permitted and permitted establishments, J "Cafe" as an allowed primary use and an accessory use is consistent with the purpose of the Small Business (SB) Zone to provide small business a place to establish and prosper, K. "Cafe" as an allowed primary use and an accessory use is consistent with the intent of the Medium Manufacturing (MM) Zone to allow the development of medium -sized light industrial and manufacturing activities and to provide a transitional land use area between the high intensity aircraft/aerospace office uses east of Sepulveda Boulevard and the small single parcel industrial businesses of the westerly portion of the Smoky Hollow area; L "Caf6" as an allowed primary use and an accessory use is consistent with the intent of the Grand Avenue Commercial (GAC) Zone to allow limited commercial development along Grand Avenue, and M "Cafe" as a conditionally permitted use is consistent with the intent of the Heavy Industrial (M -2) Zone to allow heavy manufacturing, assembling, or processing activities having unusual or potentially deleterious operational characteristics SECTION 5 Recommendations The Planning Commission recommends that the City Council adopt the Negative Declaration prepared for the project and the Ordinance implementing the zone text amendments SECTION 6• 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 7 This Resolution will remain effective until superseded by a subsequent resolution SECTION 8 The Commission Secretary is directed to mail a copy of this Resolution to any person requesting a copy SECTION 9 This Resolution may be appealed within ten (10) calendar days after its adoption All appeals must be in writing and filed with the City Clerk within this time -5- [P \Planning & Budding Safety\PROJECTS \676- 700\EA- 697\Ea- 697reso doe 665 period Failure to file a timely written appeal will constitute a waiver of any right of appeal SECTION 10 Except as provided in Section 9, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption PASSED AND ADOPTED this , day of 2006 Michael Kretzmer, Chairperson City of El Segundo Planning Commission ATTEST Seimone Jurps, Secretary Kretzmer - Fellhauer - Frick - Rotolo - Wagner - APPROVED AS TO FORM. Mark D Hensley, City Attorney By Karl H Berger, Assistant City Attorney -6- IP \Planning & Building Safety\PROJECTS \676- 700\EA- 697\Ea- 697reso dm] X66 MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA APRIL 13, 2006 Chairman Kretzmer called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7 02 p m In the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California Chairman Kretzmer led the Pledge of Allegiance to the Flag PRESENT FRICK, KRETZMER, WAGNER ABSENT FELLHAUER,ROTOLO None Chairman Kretzmer presented the Consent Calendar None PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR There was no objection to approving the March 23, 2006, Planning MOTION Commission Minutes as presented and to approve Environmental Assessment No 688 and Administrative Use Permit No 05 -04 for 2265 East El Segundo Boulevard, AeroVoice Complete Wireless, Elton Investments, LP Approved 3 -0 None WRITTEN COMMUNICATIONS Chairman Kretzmer presented Agenda Item No H -3, Environmental PUBLIC HEARINGS, Assessment No 643 and Subdivision No 04 -5 (VTTM No 61110) NEW BUSINESS, EA Applicant Steven Legare Property Owner Mary-Gene Slaven NO. 643 AND SUBD. Address 425 and 429 Indiana Street NO. 04 -5 (VTTM NO. 61110) Planning Technician Schopp presented staff report (of record), and noted that staff revised Condition No 24 as follows "The applicant will employ all necessary measures to reduce Interior noise levels to minimum state standards The applicant will commission a post - acoustical analysis to demonstrate compliance The applicant can choose to comply with all applicable provisions of Ordinance No 1393, El Segundo Planning C Proposed Light Industrial Use conducted within an existing fully enclosed building for office, Dmmission Minutes April 13, 2006 Page 1 67 which establishes Residential Noise Insulation standards In the City of warehousing, packing, El Segundo in lieu of performing a post - acoustical analysis " She distribution, phone advised that the second portion of this condition was added as a result repair, and wholesale of recent City Council adoption of Ordinance No 1393, establishing sales additional construction standards Responding to Chairman Kretzmer's inquiry regarding the amended condition, Planning Manager Christensen explained that the revision stems from the recently settled lawsuit regarding LAX and residential sound insulation standards, that City Council at its last meeting adopted codes to require all residential buildings comply with insulation standards for doors, windows, etc , and advised that this new standard condition will be implemented on all residential projects presented to the City Chairman Kretzmer opened the public hearing Elizabeth Srour, representing the applicant/property owner Ms Srour noted that this project has been subject to a lengthy and detailed review, resulting in an attractive development for this location, and advised that the applicant concurs with all conditions of approval, Including the revised condition Ms Srour explained that the layout of the four detached buildings create an attractive setting for the residents of each of these units because they will have light on all three sides, only having one attached wall, and noted that the layout breaks up the massing both from the street and also from the adjacent properties to this new development She added that there Is a 10 -foot separation between the buildings, back to back, that there is an approximate 15- foot separation at the upper levels between the buildings over the driveway, that there is only a single driveway, which limits the Interface on the street with the merging traffic, that the basement/garage level will be open with natural light, enhancing the security, and that this area will be landscaped Ms Srour added that the entries on the north and south sides are recessed approximately 7 feet from the setback area, providing a private porch area for each unit There being no further input, Chairman Kretzmer closed the public hearing Vice -Chair Frick stated this is a beautifully designed project that will fit well Into this neighborhood Commissioner Wagner stated this development will enhance the area Chairman Kretzmer noted his delight with the large amount of open El Segundo Planning Commission Minutes April 13, 2006 Page 2 6 space and the single driveway MOTION Vice -Chair Frick moved, seconded by Commissioner Wagner, to approve Environmental Assessment No 688 and Administrative Use Permit No 05-4, thus approving Resolution No 2599 Motion carried 3- 0 PUBLIC HEARINGS, Chairman Kretzmer presented Agenda Item No 1 -4, Environmental CONTINUED Assessment No 697 and Zone Text Amendment No 06 -1 Applicant BUSINESS, EA 697 City of El Segundo Property Owner Various Address Citywide and ZTA 06 -1 Planning Technician Schopp presented staff report (of record), and summarized the proposed changes as follows eliminating the coffee shop, defining cafe, establishing the zones where cafes are permitted, requiring a Conditional Use Permit for cafes with outdoor dining when outdoor dining exceeds 20 percent, and adding a parking requirement for cafes Commissioner Wagner questioned the purpose for Condition No 9, requiring a minimum of 5 percent gross floor area to be devoted to the sale of non -food products Planning Manager Christensen explained that there are a number of food uses that are typically small In scale which have modest seating areas with a retail component that under the City's current regulations require a parking rate of 1 space for every 75 feet of floor area, everything falling under the restaurant definition, and pointed out that there is not a separate standard to address this type of use, which is a "hybrid" between the standard retail use and a food establishment She noted the most common example given In the staff report Is a secondary coffee shop Inside a primary book store or other primary business Planning Manager Christensen stated another type of use Is a free- standing use typically associated within mixed -use shopping centers, noting these are fairly small In size with limited floor area, that a small percentage of the floor area is devoted toward seating of patrons, that there Is a retail component associated with It, and pointed out that based on staffs analysis, the traffic demands are lower if they are small -scale users In conjunction with a series of other tenants within a center Planning Manager Christensen mentioned that the people are usually entering these centers to do business at a couple establishments in the center She noted that staff wants to provide an option for many multi- tenant developments to have a modest percentage of their floor area devoted to this use, explained that establishing this through the cafe definitions allows a business to use the retail parking rate of 1 to 300 ratio as opposed to the traditional restaurant rate, which is used for full- El Segundo Planning Co Add a new definition for "Cafe" to the ESMC, amend various sections of the ESMC to allow the newly defined "Cafes" as a permitted use and an accessory use In the Downtown Commercial, Neighborhood Commercial, General Commercial, Corporate Office, Urban Mixed -Use North, Urban Mixed- Use South, Commercial Center, Light Industrial, Small Business, Medium Manufacturing, and Grand Avenue Commercial Zones, and with a CUP In the Heavy Industrial Zone to eliminate "coffee shops" from all commercial and Industrial zones, require a CUP for cafes with outdoor dining that exceed 20 percent of the total dining area, and to add a parking mmission Minutes April 13, 2006 Page 3 le q scale fast food and sit -down restaurants Planning Manager Christensen clarified that these are uses where there Is some retail component, and that staff wanted to make sure It was truly a hybrid type of operation where there is some type of traditional retail component mixed with the food use She noted that studies of how centers operate with the combinations of businesses indicate that the 1 to 75 parking standard is too stringent for these type of businesses Chairman Kretzmer asked If an establishment would be restricted in selling certain products, questioning If it Is restrictive enough Planning Manager Christensen explained that the businesses would provide retail goods that are related or well balanced with the food Items and non -food items or service being provided She expressed staffs belief this provision provides a fair amount of creativity on the part of the business person to decide what kind of products they want to sell In their establishment Chairman Kretzmer questioned If staff considered any limitations for the hours of operation for cafes versus other food establishments Planning Manager Christensen stated staff had no concerns with regard to the hours of operation, highlighting the fact that, for Instance, the peak hours for coffee shop are usually when other businesses are closed in the center She stated that staff could assess each proposal on a case - by -case basis Chairman Kretzmer stated that assessing each proposal on a case -by- case basis may be useful Chairman Kretzmer questioned whether staff had considered the effect of this ordinance of cafes In the downtown area Planning Technician Schopp explained that this use, as proposed, would not be allowed in the Downtown Specific Plan, and advised that restaurants in this area have a parking requirement of 1 parking space for 75 square feet for dust the dining area, which Is unique from the rest of the zones In the City which require 1 parking space for every 75 square feet of gross floor area Planning Manager Christensen added that the Downtown Specific Plan area also has provisions for outdoor dining as well for up to 100 square feet without providing additional parking, and advised that the Downtown Specific Plan properties have options for in -lieu parking She stated that this will benefit the City because It addresses a need that Is out In the community for certain types of businesses and a set of standards that requirement for "Cafes " El Segundo Planning Commission Minutes April 13, 2006 Page 4 76 work to address those needs when they're constructed as part of another permitted use or as part of a multi- tenant center benefiting from shared parking, and pointed out that this is part of why there Is a 20- percent limit on this, to make sure there is a balance In meeting the parking demands She mentioned that the parking thresholds for restaurants to meet In this City are fairly stringent, requiring a 1 to 75 rate for not only the dining area, but also for the kitchen as well Commissioner Wagner questioned If there are any establishments within these areas that would not comply at this point In time Planning Manager Christensen stated she is not aware of any businesses currently In the community that are not able to be successful within the existing regulations, and explained that this provides an avenue for a hybrid type of product which the City is seeing an increase in the community's shopping centers She added that a food establishment which does not meet the criteria is not precluded from going into these zones, but it would need to either fit more accurately into the traditional restaurant definition /restaurant standards or into the traditional retail definition in meeting the retail standards and retail parking requirements in these zones which allow those uses Chairman Kretzmer assumed It would be accurate to say there are a number of businesses that might be interested In doing this, but the parking requirements that would be imposed upon them under the current definitions /codes would probably be prohibitive Planning Manager Christensen indicated that is correct, reiterated that staff took the approach in wanting to see this as a component In mixed use or multi- tenant centers, and stated there is a certain amount of shared benefit with parking when those combinations of uses are together in a center She reminded the Commission this was not designed to address stand -alone uses because when one has a single point of destination as a free - standing tenant on a parcel by Itself, the traffic patterns and traffic generation Is somewhat different than a multi - tenant center; that the direct vehicle trip generation of a free - standing business would be somewhat higher, and that staff believes those should continue to fall within the restaurant provisions for parking standards She stated this proposal Is very limited, only having an allowance for 15 seats, advised that these uses do not Include alcohol sales, that there Is no wait staff nor drive- through service, and that these are expected to be uses that have sit -down seating availability, but with a shorter term usage of people coming and going from the establishment Commissioner Wagner noted his understanding this would apply to new El Segundo Planning Commission Minutes April 13, 2006 P Page 5 �) 1 establishments Planning Manager Christensen stated yes; and added that any existing business that would comply with the standards when they have changes within a center could be assessed and required to comply with this standard Chairman Kretzmer addressed his concern with the locations these coffee businesses usually locate to, stating that the frequency of visits and the large amount of traffic entering and exiting these sites creates a negative impact upon traffic flow and increases safety concerns He reiterated his concern for the safety of Ingress and egress and frequency of these numerous trips and how the City Is handling parking overall In the small strip malls /centers He added that a busy egress /Ingress of these coffee businesses has the potential to negatively impact other businesses in a center, with the coffee customer traffic becoming a nuisance Vice - Chairman Frick stated she anticipates a large number of these businesses will target large office buildings Planning Manager Christensen stated that these businesses typically will locate on the ground floor of a multi -level office building, providing some modest amenities for those working In the office building or for those doing business In the office building, and that this type of use does not usually generate additional traffic for an office building With regard to this as an accessory use to another business, she explained that there is a certain amount of business that's generated as a destination, but that a larger proportion of those trips are people who are already traveling to that establishment for another primary use. Chairman Kretzmer questioned if staff has given any consideration to limiting the proximity of these businesses to each other, reiterating his concern with the large traffic mass of the coffee business Chairman Kretzmer opened the public hearing There being no input, Chairman Kretzmer closed the public hearing Commissioner Wagner moved, seconded by Vice -Chair Frick, to MOTION approve Environmental Assessment No 697 and Zone Text Amendment No 06 -1, thus adopting Resolution No 2597 Motion carried 3 -0 Planning Manager Christensen stated that there will be two agenda REPORT FROM items for the next meeting, and noted there will be agenda items for both DIRECTOR meetings in May She wished everyone a happy Easter El Segundo Planning Commission Minutes Apnl 13, 2006 0 7 Page 6 None Chairman Kretzmer bid aloha to vacationing City Attorney Karl Berger and welcomed Greg Kovacevich to the Planning Commission meeting None The meeting adjourned at 8 03 p m PASSED AND APPROVED ON THIS 27th DAY OF APRIL, 2006 Kimberly Christensen, Secretary of the Planning Commission and Planning Manager of Planning, Building Safety PUBLIC COMMUNICATIONS PLANNING COMMISSIONERS' COMMENTS OTHER BUSINESS ADJOURNMENT Mike Kretzmer, Chairman of the Planning Commission City of El Segundo, California El Segundo Planning Commission Minutes April 13, 2006 l �� Page 7 /\ /§ �! ] \ ) ;'B \§ ■ § #' e ! ; \!;B '! ( \ : § | \[ / )i) | §5 \� \ §r / § / ' ( ; ® § /\) , ) §! =§!!ia �fn ` 0! § §/ | } ®2 /(1 /LLD- a a , ;,EUE Ug SZM �.)!_!!§!%,! " ! \( \])| \ | § |()( |( § \|)( |) § §() §)r [ >! > ;:1 :!!! :!!>;:l =; ■ ; ;8 ;;>:!! ! ; § }I w W6 )\ \` @ m w � � ; Z� f ;i!!! : |`f � }k! |/ )/ - !_ ;•,- § '�J § \\ '�J CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/712006 THROUGH 412012006 Date Payee Amount Description 4/10/2006 West Basin 717,360 38 H2O payment 4/1112006 Unum Provident 46970 LTC April 4/11/2006 Federal Reserve 10000 Employee EE Bonds 4/11/2006 Federal Reserve 22500 Employee I Bonds 4/12/2006 CalPERS 260,807 89 PERS Retirement 4/13/2006 Lane Donovan Golf Partners 18,991 71 Lakes payroll transfer 411312006 Health Comp 74057 Weekly claims 417 4/1 812 006 Unum Provident 6,04572 LTD April 4/20/2006 IRS 192,081 04 Federal Taxes 4/20/2006 Employment Development 39,434 77 State Taxes 4/20/2006 Health Comp 1,32375 Weekly claims 4/14 4/6 -4120106 Workers Comp Activity 41,755 45 SCRMA checks issued 1,279,336 08 DATE OF RATIFICATION: 5/4/06 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by ,// 10 I�6 Dep y Tre urer Date irector of Administrative Service Date City Manager Date 1,279,336 08 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 075 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 18, 2006 - 5 00 P M 5 00 P M SESSION CANCELLED - NO ITEMS OF BUSINESS (REGULAR MEETING TO BE ADJOURNED TO 7 00 P M) MINUTES OF THE REGULAR CITY COUNCIL MEETING April 18, 2006 PAGE NO 1 0' 76 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 18, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Father Alexel Smith of St Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Councllmember Carl Jacobson PRESENTATIONS — None ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications Is closed Ron Swanson, resident, thanked John Gaines for his service to El Segundo Julius Wilson, resident, thanked John Gaines for his service to El Segundo A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Boulgarides, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER GAINES ABSENT B SPECIAL ORDERS OF BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING Apnl 16, 2006 PAGE NO 2 IT7 7 C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an Item is made, the item(s) will be considered Individually under the next heading of business Approved Warrant Numbers 2552700 to 2552950 on Register No 13 In the total amount of $1,223,454 53 and Wire Transfers from 3/24/2006 through 4/6/2006 In the total amount of $870,511 38 Authorized staff to release. Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments; and wire transfers 2 Approved City Council Meeting Minutes of April 4, 2006 MOTION by Council Member Busch, SECONDED by Council Member Boulgarides to approve Consent Agenda Items 1 and 2 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — ITEMS TO BE TAKEN LATER IN THE MEETING REPORTS — CITY TREASURER K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Thanked John Gaines for his Council service Council Member Busch — Thanked John Gaines for his Council service Commented on the successful Easter Egg Hunt at Recreation and Parks Announced his recent marriage Council Member Jacobson — Congratulated Council Member Busch on his marriage, and thanked John Gaines for his service Mayor McDowell — Introduced Mayor Pro Tem Gaines' video REPORTS — CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING April 18, 2006 PAGE NO 3 r,7R 3 Consideration and possible action regarding administering the Oath of Office for two Council Members as appointed by Resolution 4452, at a Special City Council Meeting on January 25, 2006 Clerk Mortesen administered Oath of Office to Kelly McDowell and Bill Fisher Council Comments 4 Consideration and possible action regarding election of Mayor and Mayor Pro Tern by seated Council Clerk Mortesen opened the floor to nominations for Mayor Council Member Busch, nominated Council Member McDowell for Mayor Seeing no other nominations, MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor McDowell opened the floor to nominations for Mayor Pro Tern MOVED by Council Member Boulgandes to nominate Council Member Jacobson for Mayor Pro Tern MOVED by Council Member Fisher, to nominate Council Member Busch for Mayor ProTem Vote on Council Member Jacobson for Mayor Pro Tern 2/3 Vote on Council Member Busch for Mayor ProTem UNANIMOUS 5/0 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed - NONE Announced the birth of Annabelle Grace Jenkins, daughter of Julian and Kristin Jenkins ADJOURNMENT at 7 32 p.m Reception immediately following for outgoing and incoming Council Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING Apni18,2006 PAGE NO 4 079 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE May 2, 2006 AGENDA HEADING Consent Age Consideration and possible action to extend the current employment agreement with Jack Wayt for the position of Police Chief through December 31, 2006 RECOMMENDED COUNCIL ACTION, 1) Authorize the City Manager to execute the attached agreement, 2) Alternatively, discuss and take other action BACKGROUND & DISCUSSION Jack Wayt retired from the City on June 30, 2005 Since that time, he has worked for the City on a contract basis in the capacity of Police Chief That agreement is due to expire on June 30, 2006 During the past 90 days, however, the Fire Chief and the Director of Recreation and Parks announced their retirement with both being effective by the end of this month In order to maintain stability, and avoid the circumstance of hiring and acclimating two new public safety department heads within a short period of time, staff recommends that the Council approve a six -month extension to the contract between Chief Wayt and the City on the same terms and conditions The agreement would be in conformance with current Public Employee Retirement (PERS) standards regarding retired annuitants Generally, as the Council is aware, retired annuitants are not able to work more than 960 hours annually for a "PERS agency" after he or she has retired from the PERS system In years past a "year' was defined as normal calendar year beginning January 1 and ending on December 31 Because Chief Wayt retired effective July 1, 2005, he was able to work 960 hours in 2005 and another 960 hours in 2006 — thus being able to work a "full year" as a retired annuitant However, effective January 1, 2006, AB 1166 (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS Copy of amendment to employment agreement with Jack Wayt FISCAL IMPACT. NIA Operating Budget Amount Requested Account Number Project Phase Appropriation Required _Yes _ No ORIGIN DATE. pri . r% 5 Je wart, Assistant CitV Mana er ,08n Background and Discussion (con't): changed the relevant time frame for calculating the maximum hours a retired person may serve without triggering a loss or interruption of benefits to that person. PIERS now defines a "year" as running from July 1 to June 30 Accordingly, Chief Wayt is now eligible to work an additional six months without running the risk of having to be reinstated as an employee under the PIERS system or the risk of losing his retirement benefits In addition, it should be noted that the City would realize a savings of approximately $39,000 as the result of not paying retirement and medical benefits ordinarily paid to the person working in the position of Police Chief The savings would be split between the current fiscal year and FY 2006 -2007 Should the Council approve this agreement, staff would complete in internal recruitment to fill the Police Chief position The City Manager would make an appointment by the end of November 2006 It is expected that the incoming Chief would formally begin service on January 1, 2007 A November selection would allow the incoming Chief an opportunity to work with Chief Wayt during a transition period in December 2006 (181 FIRST AMENDMENT TO AGREEMENT NO. 3485 BETWEEN THE CITY OF EL SEGUNDO AND JOHN "JACK" WAYT THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this day of May 2006, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and JOHN "JACK" WAYT, an individual ( "CONSULTANT ") 1 Pursuant to Section 11 of Agreement No 3485, executed July 1, 2005 ( "Agreement "), Section 1 of the Agreement is amended to extend the term from June 30, 2006 to December 31, 2006. 2 This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date 3 Except as modified by this Amendment, all other terms and conditions of Agreement No 3485 remain the same IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written CITY OF EL SEGUNDO JOHN "JACK" WAYT Jeff Stewart, City Manager ATTEST Cindy Mortesen, % City Clerk / APPROVED AS MARK D HEM LM H Berger, Assis,*t City Attorney Taxpayer ID No F,82 EL SEGUNDO CITY COUNCIL MEETING DATE. May 2, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the City of El Segundo's application for funding through California's 2002 Resources Bond Act, Roberti- Z'Berg- Harris Block Grant Program (Fiscal Impact $44,680) RECOMMENDED COUN IL ACTION Approve City of El Segundo's Application for grant funds for the California's 2002 Resources Bond Act, Roberti- Z'Berg- Harris Block Grant Program Alternatively, discuss and take other action regarding this item BACKGROUND & DISCUSSION: The City of El Segundo, under the State of California Roberti- Z'Berg Harris Block Grant Program, has the opportunity to receive $44,680 in non - competitive State grant funds The RZH Block Grant Program is intended to meet the pressing need for safe, open and accessible local park and recreational facilities RZH grants to cities, counties, and districts are intended to supplement— not supplant — local expenditures for park and recreation facilities They are not to diminish in anyway the current efforts to provide park and recreation services This grant does not require local matching funds Approving the Resolution for funding is the first step in the Grant application process The specific project will be determined during the city's annual budget process ATTACHED SUPPORTING DOCUMENTS: 2002 Resources Bond Act, Robert- Z'Berg- Harris Block Grant Program Resolution FISCAL IMPACT: $44,680 Operating Budget: Amount Requested: Account Number Project Phase. Appropriation Required: No VRIUMM1 CU' / UAI G: BIII Crowe, Asst Citv Manaaer /Interim Recreation and Parks Director DATE. Lf AI Jeff 083 I RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE ROBERTI- Z'BERG- HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBOR- HOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows A The people of the State of California enacted the Roberti'- Z'Berg- Harris Block Grant Program which provides funds for the acquisition and development of neighborhood, community and regional parks and recreation lands and facilities, B The California Department of Parks and Recreation was delegated the responsibility for the administration of the grant program, setting up necessary procedures, C Procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Roberti - Z'Berg- Harris Block Grant allocation, D The City Council approves the filing of an application for local assistance funds from the Robe rti- Z'Berg -Hares Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, E The Council certifies that the City of El Segundo has or will have sufficient funds to operate and maintain the Protect, and F The City of El Segundo has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide SECTION 2 The City Manager, or designee, is authorized to apply for a grant of $44,680 00 from the State of California Parks and Recreation to be used for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities SECTION 3 The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified herein 084 SECTION 4 The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein SECTION 5 The City Council hereby amends or supplements the City's Budget for fiscal year 2005/2006 to appropriate the monies identified herein to pay for the retention plan proposed by the City in support of its grant application The City Manager, or designee, is authorized to implement the purpose of this section SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this day of May 2006 Kelly McDowell, Mayor ATTEST Cindy Mortesen, APPROVED A Mark D Hensl By Karl /H Berger, Assiptant City Attorney ()8,1 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. May 2, 2006 AGENDA HEADING. Consent Agenda Consideration and possible action to accept $6,000 in penalty assessments from a Statewide consent decree and underground tank settlement with Pacific Bell Telephone Company, dba AT &T California (People of California vs Pacific Bell Telephone) This amount represents the City of El Segundo's portion of the total settlement To receive this portion of the settlement, a signed declaration for receipt of civil penalties must be executed and submitted to the San Joaquin District Attorney's Office RECOMMENDED COUNCIL ACTION• 1) Approve Declaration and authorize the City Manager to sign and execute the Declaration to receive penalty assessments from AT &T, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- The Attorney General of the State of California and various County District Attorneys engaged in settlement negotiations with AT &T for multiple violations of California underground tank laws and regulations that have occurred throughout California The negotiated settlement includes provisions for the payment of penalties to agencies that regulate AT &T facilities within their jurisdiction, and requires the monies be used specifically for enforcing Underground Tank laws and regulations A special account was established to receive these penalties, which will be paid over a period of 4 years A signed declaration for receiving these penalties paid pursuant to Court Order is required to be submitted to the District Attorney in less than one year ATTACHED SUPPORTING DOCUMENTS: Draft Declaration for Receipt of Civil Penalties FISCAL IMPACT- Operating Budget, N/A Amount Requested: $6,000 Penalty Receipt (4 payments of $1,500 will be made annually) Account Number. 702- 200 - 0000 -3205 (People v Pac Bell -AT &T California) Project Phase- Appropriation Required: _Yes X No ORIGINATED BY: , DATE: 04/17106 gorman FA Chief I Ma 086 DECLARATION FOR RECEIPT OF CIVIL PENALTIES PAID PURSUANT TO COURT ORDER, PEOPLE v PACIFIC BELL TELEPHONE COMPANY DBA AT &T CALIFORNIA I, Jeff Stewart, declare as follows 1 I am the City Manager for the City of El Segundo I am authorized to make this declaration on behalf of the agency Through city staff, I have personal knowledge of the facts stated in this declaration If the City is called to testify regarding those facts, I will allow the City's Environmental Safety Manager, Steve Tsumura, to do so 2 The City of El Segundo has a special account as required by California Health and Safety Code section 25299(h)(2) in which it can deposit any penalties or fines pursuant to California Health and Safety Code section 25299(h)(1) Furthermore, any fines or penalties deposited into that special account can be expended only to fund the activities of the City of El Segundo Fire Department in enforcing Chapter 6 7, Division 20, California Health and Safety Code with the jurisdiction of the agency pursuant to the uniform program specified in Chapter 6 11, Division 20, California Health and Safety Code 3 Any civil penalties paid to the City of El Segundo pursuant to the order of the Superior Court in the matter of People v Pacific Bell Telephone Company dba AT &T California will be deposited into the special account referenced in Paragraph 2, above 4 The City of El Segundo Fire Department has received a copy of the Consent Judgment entered in People v Pacific Bell Telephone Company dba AT &T California 5 I understand that if civil penalties paid to the City of El Segundo are not deposited into the special account or used as required, there can be sanctions taken against the City of El Segundo for violation of the order of the Superior Court I declare under the laws of the State of California that the foregoing is true and correct Executed this 3rd day of May, 2006, in El Segundo, California Jeff Stewart, City Manager City of El Segundo (18 "1 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 2, 2006 AGENDA HEADING: Consent Agenda Consideration and possible action regarding City Council's authorization to accept Hazardous Materials Emergency Preparedness grant funding from the Governor's Office of Emergency Services in the amount of $6,400, for the preparation of a hazardous materials emergency plan for the City of El Segundo Fiscal Impact $6,400 RECOMMENDED COUNCIL ACTION. 1) Authorize the City Manager or designee to sign a State of California Assistance Agreement, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Annually the State Office of Emergency Services announces the availability of grants to public agencies for hazardous materials planning activities, and provides necessary funding to allow for the preparation and development of emergency planning tools for hazardous materials incidents involving the transportation or use of hazardous materials The City of El Segundo has been awarded these grants in the past for the development of emergency preparedness tools, such as shelter -in -place videotapes, DVDs and website The proposed preparation of a hazardous materials emergency plan will update existing plans, and will allow City employees better access to emergency information through the development of an emergency preparedness procedure notebook for all types of hazardous materials emergencies The development of a hazardous materials emergency plan or "Area Plan" is required triennially, and is reviewed by the State during its audit of the Environmental Safety Division ATTACHED SUPPORTING DOCUMENTS: Hazardous Materials Emergency Preparedness Grant - Project Approval Assistance Agreement FISCAL IMPACT: Operating Budget. N/A Amount Requested: $6,400 Account Number: 001 - 300 - 0000 -3703 Revenue 001 -400- 3205 -5204 Expenditure Project Phase- Appropriation Required. X Yes _No ORIGINATED BY: DATE: 04/25106 Norm Anaelo. Fire Chief v--o-A- Manager DATE. /eZIo�OCi (8� n , STATE OF CALIFORNIA F GOVERNOR'S OFFICE OF EMERGENCY SERVICES ASSISTANCE AGREEMENT 1 ASSISTANCE NO 2 RECIPIENT NO 3 TYPE OF ACTION Sean Grady 4 PROJECT /BUDGET PERIOD HMECA5033130 003 Subgrant Award 315 Main Street October 1, 2005 to September 30, 2006 Room 181 Los Alamitos, CA El Segundo, CA 90245 (916) 845 -8480 PCA/Index Codes 5 SEND PAYMENT REQUEST TO 6 PAYMENT METHOD 7 TOTAL PROJECTIBUDGET COST (Accounting Office Use Only) OES Accounting Department via 11 ASSISTANCE PROGRAM (CDFA PROGRAM) 12 PROJECT TITLE HMEP 20 703 Area Plan Update DES Hazardous Materials Unit Reimbursement $8,000 FUNDS 5411 8 RECIPIENT PROJECT MANAGER AND ADDRESS 9 DES REGIONAL COORDINATOR, ADDRESS, & PHONE # Re ion I Reason II Reason III Steve Tsumura, Environmental Safety Manager City of El Segundo Fire Department Sean Grady Roger Sigtermans Nellie Lee Barber 314 Main Street 4671 Liberty Ave, 1300 Clay Street, 1740 Walnut Street El Segundo, CA 90245 Los Alamitos, CA Suite 400 Red Bluff, CA 96080 NOTE This Agreement must be completed in triplicate and two originals returned to the Office of Emergency Services (DES), Hazardous 90720 -5158 Oakland, CA 94612 (530) 529 -0409 shall void the Agreement (562) 795 -2912 (510) 286 -6742 10 PAYEE Jenlyn Peterson Roy Manning Sean Grady City of El Segundo Fire Department 3650 Schriever Avenue 2550 Manposa Mall, 4671 Liberty Ave 315 Main Street Mather, CA 95655 Room 181 Los Alamitos, CA El Segundo, CA 90245 (916) 845 -8480 Fresno, CA 93721 90720 -5158 (559) 445 -5672 (562) 795 -2912 11 ASSISTANCE PROGRAM (CDFA PROGRAM) 12 PROJECT TITLE HMEP 20 703 Area Plan Update 16 OES STATE PROJECT COORDINATOR AND PHONE # FUNDS THIS ACTION Diana Melroe (916) 845 -8778 13 Federal Share $6,400 diana melroe@oes ca gov 18 STATUTORY AUTHORITY 14 Recipients Match Share $1,600 Federal Hazardous Materials Transportation Law, 49 U S C 5101 at seq 15 Total Project Cost $8,000 19 REGULATORY AUTHORITY Title 49 CFR, Part 110 NOTE This Agreement must be completed in triplicate and two originals returned to the Office of Emergency Services (DES), Hazardous Materials Unit, 3650 Schriever Avenue, Mather, CA 95655 within 3 weeks after receipt or within any extension of time as may be granted by DES Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of this offer by DES Any change to this document by the recipient, subsequent to it being signed by the DES Award Official, who materially alters the document, shall void the Agreement The United States of America, acting by and through the United States Department of Transportation and the California Governor's Office of Emergency Services hereby offers assistance to El Segundo City Fire Department for 80% of all approved protect costs incurred up to and not exceeding $8,000 Recipients must contribute a minimum of 20% matching share to the total cost of the project Recipients agree to provide the DES Hazardous Materials Unit with quarterly project status reports and monthly /quarterly requests for payments that include costs incurred during the quarter Recipients agree to closely track all protect work activities and assooated costs Recipients agree to submit to OES all supporting documentation that substantiates all project costs, including the matching share Recipients agree to provide written notification to the DES Hazardous Materials Unit of any Deviation from the project described in the project application Recipients agree to refrain from implementing any deviations unless approved by DES Recipients agree to provide DES with information that depicts the outcome, results, or products of the project at the end or prior to the end of the last quarter of the grant year Recipients agree that failure to comply with any of these requirements may result in the withdrawal of this offer SHELLEY A. THOMAS, Chief of Administration I 9/z i pis vgreement Is ubject to applicable United States Department of Transportation statutory provisions and assistance regulations In accepung tnn award or amendm nt and any payments made pursuant thereto, (1) the undersigned represents that s(he) is duly authorized to act on behalf of the recipient organiza on, and (2) the recipient agrees (a) with the requirements of the "Offer and Acceptance" clause, (b) that the award Is subject to the applicable provisions of 49 CFR § 110 et seq , 49 CFR Part 18, and of the provisions of this agreement, Including the Articles of Agreement, and (c) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by OES to have been overpaid, will be refunded in full to DES �iR o. EL SEGUNDO CITY COUNCIL MEETING DATE: May 2, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Council Member Jim Boulgandes AGENDA DESCRIPTION: Consideration and possible action to create an Ad Hoc Subcommittee to consider and make recommendations to the City Council regarding changes to the city seal, logos and mottos :OMMENDED COUNCIL ACTION: (1) Authorize the creation of an Ad Hoc Subcommittee to consider changes to the city seal, logos and mottos, (2) Approve the appointment of members to the Ad Hoc Subcommittee, (3) Alternatively, discuss and take other action related to this Item BRIEF SUMMARY. The City's seal was approved and adopted by ordinance No 410 on July 9, 1952 The seal depicts an airplane flying into smoke stacks, with beachfront in the foreground Questions regarding the design of the City seal have been raised intermittently by former Council Members as well as the public In 1984 the then City Council investigated the use of approximately two different logos in use at that time, i e , a seal with a descending passenger airplane and another with an ascending jet airplane, both of which approximately imitated the official seal That Council concluded that the official seal should continue to be as depicted in Ordinance No 410, with a level airplane banking slightly to the left The official City seal projects an outdated image for the City of El Segundo An Ad Hoc Subcommittee is hereby recommended to be comprised of two Council Members, myself and a colleague, and members of the El Segundo community Our goal will be to engage a wide range of the community to involve them in developing a City seal and /or logo and motto to represent our outstanding community as we progress into the 215 Century ATTACHED SUPPORTING DOCUMENTS- Copy of the official City seal FISCAL IMPACT: N/A 9J M V-. y O� G f Lv%. y � L-Ile um EGA