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2007 JAN 16 - 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, JANUARY 16, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4500 Next Ordinance # 1405 001 PUBLIC COMMUNICATION — (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 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at 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, and /or 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)) — 3 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo vs City of Los Angeles, et al LASC No SS094279 3 Gilbreath v El Segundo, LASC Case No YCO53692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (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) -1- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: -0- matter 0 ur 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 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, JANUARY 16, 2007 - 7:00 P.M. 7 :00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson Next Resolution # 4500 Next Ordinance # 1405 0 tr.; PRESENTATIONS — (a) Proclamation in commemoration of El Segundo's goth Anniversary on January 18, 2007 to salute residents and businesses and invite the community to celebrate this occasion in a special ceremony at the City Hall Plaza and Farmer's Market on Thursday, January 18, 2007 at 5 30 p m (b) Commendations to the Recipients and Judges (the Loyal Order of Moose — El Segundo Moose Lodge) of the 2006 Lighting Up the Community Program (c) Presentation of trophies to the 2006 Holiday Parade winners by the El Segundo Chamber of Commerce ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Onlv — 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 1. Consideration and possible action to conduct a public hearing regarding the possible amendment of the El Segundo Municipal Code to add a definition for "Museum "; add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone; and grant a Conditional Use Permit for a car museum located at 610 Lairport Street upon the effective date of the proposed Ordinance. (Fiscal Impact: None) Applicant: Earl Rubenstein Recommendation — (1) Open Public Hearing, (2) Discussion, (3) Adopt a Resolution approving Environmental Assessment No EA-661 and Zone Text Amendment No ZTA 06 -03, (4) Introduction and first reading by title only of Ordinance for Zone Text Amendment No ZTA 06 -03, (5) Schedule second reading and adoption of Ordinance on February 6, 2007, (6) Adopt a Resolution approving Environmental Assessment No EA- 661 and Conditional Use Permit No 05 -01 subject to the Ordinance implementing Zone Text Amendment ZTA No 06 -03 becoming effective, (7) Alternatively, discuss and take other action related to this item 4 0 U4 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 2. Warrant Numbers 2556985 to 2557240 on Register No. 6 in the total amount of $1,479,338.33 and Wire Transfers from 12/8/2006 through 1212112006 in the total amount of $1,839,536.44 and Warrant Numbers 2557241 to 2557362 on Register No. 7 in the total amount of $367,310.22 and Wire Transfers from 12/2112006 through 1/4/2007 in the total amount of $527,629.79. 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 3. Regular City Council Meeting Minutes of December 19, 2006. Recommendation — Approval 4. Consideration and possible action regarding the adoption of Ordinances setting the City's water and wastewater rates for Fiscal Year 2006 -2007 through Fiscal Year 2009 -2010, (Fiscal Impact: Approximately $6.3M in increased water revenues through Fiscal Year 2009 -2010 and approximately $3M in increased wastewater revenues through Fiscal Year 2008 -2009) Recommendation — (1) Second reading and adoption of Ordinance Nos 1403 and 1404; (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System job classification of Fire Captain. (Fiscal Impact: Recommendation — (1) Approve the examination plan, (2) Alternatively, discuss and take other action related to this item UUJ 6. Consideration and possible action regarding the approval of an Amendment to a Professional Services Agreement between JAS Pacific, Inc. and the City of El Segundo for building inspector services in conjunction with the Residential Sound Insulation (RSI) Program. (Fiscal Impact: None) Recommendation — (1) Authorize the City Manager to sign an Amendment to a Professional Services Agreement approved as to form by the City Attorney, (2) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding final acceptance of a project to slurry seal streets in the area bounded by El Segundo Boulevard, Sepulveda Boulevard, Sheldon Street and Mariposa Avenue. Approved Capital Improvement Program - Project No. PW 06 -09 (Final contract amount: $246,137.65) Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item 8. Consideration and possible action to waive the formal bidding process per the El Segundo Municipal Code Sec. 1 -7 -10 and authorize the Fire Department to purchase emergency food and water supplies designed to sustain City employees working at or in support of a disaster from More Prepared, LLC. (Fiscal Impact: Recommendation — (1) That the City Council waive the formal bidding process per the El Segundo Municipal Code Sec 1 -7 -10, and authorize the Fire Department to purchase emergency food and water from More Prepared, LLC; (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding approval of a Special Event Permit per Municipal Code Sections 8 -8 -13 B and 8 -8 -16 from the American Cancer Society to hold a Relay for Life event at El Segundo High School and for a waiver of all City- related fees per Municipal Code Section 8 -8 -7 D 1. (Fiscal Impact: Recommendation — (1) Approve the Special Event Permit application per Municipal Code Section 8 -8 -13 B and 8 -8 -16, (2) Approve a waiver of all City- related fees per Municipal Code Section 8 -8 -7 D 1, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA 6 0L)G F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE 1. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — 10. Consideration and possible action to receive and file report on changes to the Public Communications portion of City Council meetings and survey of other cities regarding public comment at Council meetings. (Fiscal Impact: None) Recommendation — (1) Receive and file report, (2) Alternatively, discuss and take other action related to this item Mayor Pro Tern Busch - Mayor McDowell — UUi 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, gt say ) 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 (if required) ADJOURNMENT POSTED DATE / /o Lo TIME % A/ 4 m NAME L(Js S C rocYattYation it, R" !ffivw� G, C 2 Citp of el beganbo, California WHEREAS, On this day in history, in the year 1917, the City of El Segundo was incorporated, with a population of approximately one thousand, on one thousand acres of dunes, open fields and a fledgling refinery WHEREAS, El Segundo's founders were families of stalwart stock who came from far and wide to Southern California in search of work at Standard Oil's Payroll City In the true Pioneer spirit, they lived in tents, worked, worshiped, taught and pulled together to build their homes, churches and schools WHEREAS, From these humble beginnings of dunes, tents, mule plows and hard workers came the bustling industrial City of El Segundo Nine decades later, El Segundo would evolve into a national aerospace and technological Mecca WHEREAS, Today, our community is fast changing with new families coming to our town, coming for the same important values that past generations have taken care to nurture, values brought to the community by its founding families, who were characterized as strong in faith, law abiding, family oriented and neighborly, qualities which still comprise the small - town, mid - western flavor and gives our community its unique appeal NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim this 18`t day of January, 2007 as El Segundo's 90h Anniversary, salute our former elected officials who along with residents and businesses have made and continue to maize our city a unique place to live and work, and invite the community to share in a special ceremony at the City Hall plaza on Main Street with a historical video presentation and photo display, VIP guests, senior resident speakers, live music, cake-cutting, and Farmer's Market on Thursday, January 18th at 5 30 p m �U Lighting up the Community 2006 Holiday Season Award Winners The DeFrancesco Family The Hahn, Kim and Lee Family The Swanson Family The 011en Family The Maples Family The Kutil and Hayman Family The Goodyear Family The Stevenson Family The Mortensen Family The Eccles Family The Younger Family The Ricarte Family The Powell Family The Knoll Family The Stier Family The Roach Family The Gordon Family The Smith Family The Waters Family The Clagg Family The Marak Family The Agee Family The Collings, DeGraff, and Underwood Families The Smith Family Ken Mortesen (to accept on behalf of the Candy Cane Lane families) .L C 2006 Holiday Parade Trophy Winners Title Entrant Best Decorated Vehicle - Children Boy Scout Troop 762 Best Decorated Vehicle - Adult El Segundo Kiwanis Club Best Float - Other Anne Ville Best Musical - Elementary El Segundo Elementary Band Best Musical - High School El Segundo High School Marching Band Best Performers - Children Torrance Torrettes Dance & Drill Team Best Performers South Bay Coastlmers Dave Jones Award - Children El Segundo Girt Scouts Grand Marshal's Award Vintage Military Vehicle Owners of O C Most Original Entry Helms Bakery Delivery Truck �.ii EL SEGUNDO CITY COUNCIL MEETING DATE January 16, 2007 AGENDA ITEM STATEMENT AGENDA HEADING Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to conduct a public hearing regarding the possible amendment of the El Segundo Municipal Code to add a definition for "Museum ", add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone, and grant a Conditional Use Permit for a car museum located at 610 Lairport Street upon the effective date of the proposed ordinance (Fiscal Impact None) Applicant Earl Rubenstein RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Discussion, 3) Adopt a Resolution approving Environmental Assessment No EA -661 and Zone Text Amendment No ZTA 06 -03, 4) Introduction and first reading by title only of Ordinance for Zone Text Amendment No ZTA 06 -03, 5) Schedule second reading and adoption of Ordinance on February 6, 2007, 6) Adopt a Resolution approving Environmental Assessment No EA -661 and Conditional Use Permit No 05 -01 subject to the Ordinance implementing Zone Text Amendment ZTA No 06 -03 becoming effective, and /or 7) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 14, 2006, the Planning Commission held a public hearing regarding an (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS. 1 Draft Resolution Including Initial Study of Environmental Impacts and Negative Declaration and Draft Ordinance 2 Draft Resolution approving Environmental Assessment No EA -661 and Conditional Use Permit No 05 -01 3 Planning Commission Staff Report, dated December 14, 2006, including Resolution Nos 2613 and 2614 4 Revised Resolution No 2614 as adopted by the Planning Commission 5 Draft Planning Commission Minutes, dated December 14, 2006 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number- N/A Project Phase: N/A Appropriation Required- Yes X No Gary Chicots, Interim Dire r of Planning and Building Safety REVIEWED BY- DATE: rlf/v Jeff Ste Manager i.)1.: STAFF REPORT January 16, 2007 Page 2 BACKGROUND & DISCUSSION: (cont) amendment to the El Segundo Municipal Code ( "ESMC) to add a new definition for "Museum" and to allow "Museums" subject to obtaining the approval of a conditional use permit within the Corporate Office (CO) Zone The applicant also requested the approval of a conditional use permit to allow an automobile museum to operate at 610 Lairport Street After receiving public testimony and reviewing the documents, the Planning Commission adopted Resolution No 2613 recommending the City Council certify the negative declaration, adopt of the proposed Ordinance implementing Zone Text Amendment No ZTA 06 -03, and adopt Resolution No 2614 recommending City Council approval of Environmental Assessment No EA -661 and Conditional Use Permit No 05 -01 to allow the operation of a museum at 610 Lairport Street The application for the proposed Zone Text Amendment and Conditional Use Permit was initiated by Earl Rubenstein to allow the operation of an Automobile Museum at 610 Lairport Street located in the Corporate Office (CO) Zone The proposed new museum would be located in an existing, single -story, 26,954 square -foot budding with 34 parking spaces The proposed museum would contain a 23,377 square -foot display area for up to 75 automobiles, a 1,089 square -foot gift shop, 1,364 square -foot area for offices, and a 1,125 square -foot multi- purposed kitchen and dining area The proposed museum is an existing non -profit museum that would relocate from West Los Angeles Museums are not currently included as a permitted or conditionally permitted use nor is the term defined in the ESMC Without a specific definition for museums, they would not be permitted in any zone within the City of El Segundo The proposed Zone Text Amendment would allow the museum to operate within the Corporate Office (CO) Zone with the approval of a conditional use permit Museums are similar to the uses already permitted within the Corporate Office (CO) Zone and are anticipated to have a variety of accessory uses such as offices, libraries, retail sales, restaurants, cafes, and recreational uses. Currently, offices, public uses such as libraries, public and private recreational facilities, restaurants and cafes are permitted uses in the CO Zone Limited support service retail uses are also currently permitted accessory uses m the CO Zone Additionally, the CO Zone allows uses that are customarily incidental to a permitted use The above - mentioned accessory uses would be incidental to the primary museum use and would not be expected to increase traffic or create any impacts beyond those of a museum operating by itself The proposed Zone Text Amendment would make two modifications to the Municipal Code as outlined below 1 The Zone Text Amendment amends ESMC §15 -1 -6 to add a new definition for "Museum" as follows "Museum A land use involving the collection, documentation, preservation, exhibition, interpretation and public display of objects of historical, scientific, cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library, multimedia presentation rooms and storage rooms Museums may also UIo STAFF REPORT January 16, 2007 Page 3 BACKGROUND & DISCUSSION: (cont.) include accessory uses such as retail sales, restaurants, cafes, recreational uses, and other ancillary uses customarily associated with museums " 2 The Zone Text Amendment also amends ESMC §15 -5D -5 to allow "Museums" with the approval of a Conditional Use Permit in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23. ESMC Chapter 15 -15 does not list the minimum number of parking spaces required for a museum As a result, a parking demand study must be submitted to satisfy the parking requirements described in ESMC §15- 15- 3(D)(2) when the number of parking spaces is not listed for a use The parking demand study must describe the proposed number of employees for the operation, the expected visitors, and other criteria to establish what the minimum required number of off - street parking spaces for a museum use Museums may vary in the amount of parking demand they create based upon their size, their nature, their amenities, and other factors Moreover, the "Trip Generation Institute of Transportation Engineers (ITE), 7th Edition," which is the City's standard for identifying traffic generation rates, does not include museums as a listed traffic generation source Consequently, the Planning and Budding Safety Department Staff recommends that the City continue to rely on the use of a parking demand study to determine the number of required parking spaces rather than establish a requirement for a fixed parking ratio for museums The applicant prepared a parking demand study for the proposed automobile museum that describes the proposed number of employees for the operation, the expected visitors, and other criteria to establish what the minimum required number of off- street parking spaces would be for the use The study was reviewed by the City's Traffic Engineering consultant, Richard Garland, who concurred with the results and stated that the provision of additional parking for the attendance of large groups be addressed A number of conditions have been proposed including the requirement of maintaining 34 parking spaces on site, providing valet service for groups larger than 50 persons, and that shuttle or bus service provided by the museum may be used to supplement or substitute for valet parking service for groups in excess of 50 people Analysis and General Plan Conformance The attached Planning Commission staff report dated December 14, 2006 and Initial Study provides in -depth analysis of the proposed Zone Text Amendment and its conformance with the General Plan Additionally, the attached Planning Commission staff report provides an in -depth analysis of the proposed project to operate an automobile museum in an existing building at 610 Lairport Street Since the proposed project to operate an automobile museum at 610 Lairport Street is dependent upon the adoption of the proposed Zone Text Amendment that would allow museums with a Conditional Use Permit in the Corporate Office (CO) Zone, staff recommends the Resolution approving Environmental Assessment No. EA -661 and Conditional Use Permit No. 05 -01 would become effective only on the same date as the � -1-: STAFF REPORT January 16, 2007 Page 4 BACKGROUND & DISCUSSION: (cont.) proposed ordinance The automobile museum would conform with the City's General Plan and ESMC zoning regulations upon the effective date of the proposed Zone Text Amendment 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 Zone Text Amendment may have any significant effects on the environment Since the initial study showed that there is no substantial evidence that the Zone Text Amendment 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 November 24, 2006 and December 13, 2006 The proposed museum at 610 Lairport Street is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 (Class 1 — Existing Facility), CEQA Guidelines § 15304 (Class 4 — Minor Alterations to Land), and CEQA Guidelines § 15305 (Class 5 — Minor Alterations in Land Use Limitations), since the project involves minor interior changes to an existing building and minor modifications to the parking and landscaping areas on the site which involves negligible expansion of an existing use and does not result in changes in land use or density Public Comments Comments were received from the public in support of the project approval at the December 14, 2006 Planning Commission meeting regarding the proposed Zone Text Amendment and Conditional Use Permit application request to allow the operation of a museum in an existing building at 610 Lairport Street Comments are reflected in the attached draft Planning Commission minutes dated December 14, 2006 Planning Commission Hearing The Planning Commission reviewed the proposed Environmental Assessment, the Zone Text Amendment to define museums and to add museums as a conditionally permitted use in the Corporate Office (CO) Zone, and the Conditional Use Permit to allow a museum at 610 Lairport Street The Commission recommended that the Council certify the Negative Declaration of Environmental Impacts, adopt the Zone Text Amendment, and approve the Conditional Use Permit with conditions upon the effective date of the Zone Text Amendment In response to a request by the applicant, the Commission modified proposed Condition Nos 4 and 5 to increase the number of automobiles that could be displayed from 75 to 80 and to add flexibility to the positioning of the display of the vehicles as long as it is in compliance with applicable law including the California Fire Code Additionally, the Planning Commission eliminated Condition No 12 relating to a proposed in -lieu fee to offset the loss of business license revenue from a commercial/industrial use to a non - profit museum use 1 ii STAFF REPORT January 16, 2007 Page 5 BACKGROUND & DISCUSSION: (cont.) Recommendation Staff recommends that the City Council adopt the draft Resolution approving Environmental Assessment No EA -661, and Zone Text Amendment No ZTA 06 -03 Staff also recommends that the City Council read by title only and introduce an Ordinance to approve Environmental Assessment No EA -661 and Zone Text Amendment No ZTA 06- 03, which adds a new definition for "Museum" to ESMC §15 -1 -6 and amends ESMC §15- 53-5 to add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 Second reading and adoption of the Ordinance would occur on February 6, 2007 The City Council should also consider adopting a Resolution granting CUP No 05 -01 for the proposed car museum The CUP would take effect on the same date as the proposed Ordinance Staff recommends that the City Council introduce and have first reading of the attached draft Ordinance Second reading and adoption of the Ordinance would occur on February 6, 2007 P \Planning & Building Safety\PROJECTS051- 675\EA- 661 \City Counci\2007 01 16 EA-661 CC SR doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL ASSESSMENT NO. 661 (EA -661) AND ZONE TEXT AMENDMENT NO. 06-03 AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1-6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD "MUSEUMS" AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On February 27, 2006, Earl Rubenstein, filed an application for Environmental Assessment No 661 (EA -661) and Zone Text Amendment No 06 -03 to amend the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" and to amend ESMC §15 -513-5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 (collectively, the "Project "), B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, C In addition, the City reviewed the Project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D. An Initial Study was prepared pursuant to the CEQA for the Project. The Initial Study found no substantial evidence suggesting that the Project would have a reasonably foreseeable 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 was circulated for public review and comment between November 24, 2006 and December 13, 2006, E The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for December 14, 2006, 1 C% l i F On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth by City staff and public testimony, G The Planning Commission considered the information provided by City staff and public testimony and adopted Resolution No 2613 recommending City Council approval of Environmental Assessment No EA -661 and Zone Text Amendment No ZTA- 06 -03, H On January 16, 2007 the City Council held a public hearing and considered the information provided by City staff, public testimony and Earl Rubenstein, and, This Resolution and its findings are made based upon the testimony and evidence presented to the Council at its January 16, 2007 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Environmental Assessment Zone Text Amendment No ZTA 06 -03, which is attached as Exhibit "A" and incorporated by reference ( "Ordinance ") was analyzed for its environmental impacts An Initial Study was prepared pursuant to Public Resources Code §15063 The Initial Study showed that the project will not have a reasonably foreseeable significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for the Project pursuant to CEQA Guidelines § 15070 Based upon the findings of the Initial Study and conclusions of the Negative Declaration, no further environmental analysis is required The City Council certifies the Negative Declaration of Environmental Impacts designated as Environmental Assessment No EA -661 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 "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone A museum use, as defined in the Ordinance, is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard B. Th a Project is consistent with Land Use Element Goals, Objectives and Policies, Specifically, the use is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the use is consistent with the intent of Land Use Element Objective LU4-4, Policy LU-4 -1 1 and Policy LU5 -3 1 in that it will provide areas where development has the flexibility to mix uses, in -2- C1 'U an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments, and it will require landscaping, its maintenance, and permanent upkeep on all new commercial developments and it will promote the revitalization and upgrading of areas which contain aesthetic or functional deficiencies in such areas as landscaping, off - street parking and loading areas C The Project conforms with Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking in all new museum development by establishing parking requirements as determined by a parking study D The Project is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating a strong, healthy economic community in which all diverse stakeholders may benefit, it will assist in expanding El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and it will help maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E Th e Project is consistent with the intent of Economic Development Element Goal ED2 in that it helps create a supportive and economically profitable environment as the foundation of a strong local business community SECTION 4 Zone Text Amendment Findings Based on the findings set forth above, the proposed Ordinance is necessary to implement the Project and allow museums as a conditionally permitted use in the Corporate Office (CO) Zone A Museum uses, as defined in the Ordinance, that are conditionally permitted in the Corporate Office (CO) Zone are consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses. Accessory uses customarily incidental to and associated with museums including offices, libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone B Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio SECTION 5 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 V� Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 6 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluation a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 7 Summanes 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 8 This Resolution will remain effective until superseded by a subsequent resolution SECTION 9. This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED, APPROVED AND ADOPTED this _ day of , 2007. Kelly McDowell, Mayor 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 duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the _ day of , 2007, and the same was so passed and adopted by the following vote _4_ ��U AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk m APPROVED AS TO FORM Mark D Hensley, City Attorney Karl H Berger Assistant City Attorney P \Planning & Building Safety \PROJECTS \651- 675 \EA - 661 \City Counal\2007 01 16 EA -661 CC ZTA Reso doc -5- t,t.t EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5113-5 TO ADD MUSEUMS AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE, SUBJECT TO THE CONDITIONAL USE PERMIT REQUIREMENTS IN ESMC CHAPTER 23. (ZTA NO. 06 -03) The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows A On February 27, 2006, Earl Rubenstein initiated an application for Environmental Assessment No EA -661 and Zone Text Amendment No 06 -03 requesting to amend the El Segundo Municipal Code (ESMC) §15- 1-6 to add a new definition for "Museum" and to amend ESMC §15 -5D -5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 (collectively, the "Project "), B The application was prepared and reviewed by the City's Planning and Building 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 in accordance with CEQA for the Project The Initial Study found no substantial evidence that the Project would have a reasonably foreseeable 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 CEQA The negative declaration was circulated for public review and comment between November 24, 2006 and December 13, 2006, Page 1 of 5 E On December 14, 2006 the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information submitted by the Planning and Budding Safety Department in the staff report and provided to the Commission by Earl Rubenstein, representing the Automobile Museum Following the public hearing, the Commission considered the evidence and adopted Resolution No 2613 recommending City Council approval of Environmental Assessment No 661 and Zone Text Amendment No 06- 03, F On January 16, 2007, the City Council held a public hearing and considered documentary and verbal testimony including, without limitation, the staff report , and J This Ordinance and its findings are made based upon the testimonial and documentary and evidence presented to the Council at its January 16, 2007 hearing, including without limitation the staff report submitted by the Planning and Safety Department SECTION 2 General Plan Findings As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the City's General Plan as follows A "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone A museum use, as defined in the Ordinance, is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard B Th a Project is consistent with Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the use is consistent with the intent of Land Use Element Objective LU4 -4, Policy LU -4 -1 1 and Policy LU5 -3 1 in that it will provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments, and it will require landscaping, its maintenance, and permanent upkeep on all new commercial developments and it will promote the revitalization and upgrading of areas which contain aesthetic or functional deficiencies in such areas as landscaping, off - street parking and loading areas Page 2 of 5 L'�J C The Project conforms with Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking in all new museum development by establishing parking requirements as determined by a parking study D The Project is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating a strong, healthy economic community in which all diverse stakeholders may benefit, it will assist in expanding El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and it will help maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E Th a Project is consistent with the intent of Economic Development Element Goal ED2 in that it helps create a supportive and economically profitable environment as the foundation of a strong local business community SECTION 3 Zone Text Amendment Findings Based on the findings set forth above, this proposed Ordinance will implement the proposed Project in accordance with ESMC § 15 -26 -3 as follows A "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone is consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, public uses such as libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone B Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio SECTION 4 ESMC § 15 -1 -6 is amended to add the following definition "15 -1 -6: DEFINITIONS: Museum A land use involving the collection, documentation, preservation, exhibition interpretation and public display of objects of historical, scientific cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library, multimedia presentation rooms and storage rooms Museums Page 3 of 5 museums " SECTION 5 ESMC § 15 -5D -5 is amended to read as follows "15 -5D -5: USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title A Drive -thru restaurants, except properties located west of Sepulveda Boulevard where drive -thru restaurants are prohibited B Freight forwarding C Helicopter landing facilities subject to the provisions of Section 15 -2 -13 of this Title D Hotels and motels, except properties located west of Sepulveda and east of Aviation Boulevards where hotels and motels are prohibited E Museums F On -site sale and consumption of alcohol at bars I=G Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding two hundred (200) square feet of floor area G-H Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard M-1 Video arcades with four (4) or more video or arcade machines W Other similar uses approved by the Planning and Building Safety Director, as provided by Chapter 22 of this Title SECTION 6 Environmental Assessment The City Council certified a Negative Declaration for this Ordinance pursuant to Resolution No , adopted on January 16, 2007 Page 4 of 5 ij J SECTION 7 Repeal of any provision of the ESMC herein will 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 8 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 9 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 10 This Ordinance will become effective on the thirty -first (31st) day following Its passage and adoption PASSED AND ADOPTED this day of 2007 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney Karl H Berger, Assistant City Attorney P \Planning & Building Safety \PROJECTS \651- 675 \EA - 661 \City Council\2007 01 16 EA -661 Museum CC Ordinance doc Page 5 of 5 Cc U City of El Segundo DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY EI Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -661 and Zone Text Amendment (ZTA) No 06 -03 BACKGROUND Project Title: "Museum" Zone Text Amendment 2. Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 3. Contact Person and Phone Number:: Maria Baldenegro, Assistant Planner. (310) 524 -2341 4. Project Location (Subject Site): Properties located within the Corporate Office (CO) Zone 5. Project Sponsor's Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 6. General Plan Designation: Corporate Office 7. Zoning: Corporate Office (CO) 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 the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" as follows "Museum A land use involving the collection, documentation, preservation, exhibition, interpretation and public display of objects of historical, scientific, cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library, multimedia presentation rooms and storage rooms Museums may also include accessory uses such as retail sales, restaurants, cafes, recreational uses, and other uses ancillary uses customarily associated with museums " The proposed project is a Zone Text Amendment to amend the El Segundo Municipal Code (ESMC) §15 -50-5 to add "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone Conditional Use permits would be considered in accordance with ESMC Chapter 23 The ESMC does not require a specific parking ratio for museums, but will require a parking demand study to determine the adequate parking requirements for a museum use 9. Surrounding Land Uses and Setting: (Briefly 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/South bay subregion The City of El Segundo is situated between the Los Angeles 1 V G I 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 The project affects properties located within the Corporate Office (CO) Zone 10. Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) None V �: 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 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 to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared Materials I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required Agricultural Resources I find that the proposed project MAY have a "potential significant impact' or "potentially significant HydrologyMater Quality unless mitigated" impact on the environment, but at least one effect (1) has been adequately Recreation analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed Air Quality by mitigation measures based on the earlier analysis as described on attached sheets An Land Use /Planning ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to Transportation/Traffic be addressed Biological Resources I find that although the proposed project could have a significant effect on the environment, because Mineral Resources all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Utilities /Service Systems DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to Cultural Resources that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Noise imposed upon the proposed project, nothing further is required Mandatory Findings of S nificance Geology /Soils Population /Housing 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 Gary Chicots, lrftLdrim Director, Planning and Building Safety Department, City of El Segundo 1 -Z4 d� Date 04 J 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 project - 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, and 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 project 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 I, fi U�u Issues and Supporting Information Potentially Less than Less Than No Impact X Significant Significant Significant Impact With Impact X highway? Mitigation c) Substantially degrade the existing visual character or quality of the site 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 Zone 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 Zone No Impacts would occur and no mitigation Is required c) The project is located within an urbanized area The proposed project that would add a definition for "Museum" and allow museums as a conditionally permitted use within the Corporate Office (CO) Zone would have no significant Impact on the existing visual character of the Zone Therefore, no Impact would occur and no mitigation Is required d) The project would not create any new source of substantial light or glare Specific development projects would be reviewed on a case -by -case basis to ensure that no new substantial sources of light and glare would be created Therefore, no significant 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 Zone 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 or projected air quality violation X 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)? v .i 1 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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 "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone Accordingly 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 the Corporate Office (CO) Zone The project as a whole will not conflict or obstruct implementation of the Air Quality Management Plan (AQMP) Therefore, no significant 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 PMtp standards The proposed definition for "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone The proposed project also involves adding "Museum" to the list of uses permitted with approval of a conditional use permit within the Corporate Office Zone Mobile and stationary source emissions would be similar to the uses that are already allowed within the Corporate Office Zone and would not result in a cumulatively considerable net increase of criteria pollutants for which the project region has non - attainment status Therefore, no significant 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 definition for "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone The proposed project also involves adding "Museum" to the list of uses permitted with approval of a conditional use permit within the Corporate Office Zone The project would not expose sensitive receptors to substantial pollutant concentrations Therefore, no significant impact would occur and no mitigation is required e) The future application of the proposed "Museum" use is similar to other public uses currently permitted in the Zone This use would not create objectionable odors However, any odors would be minimized through the permitting processes for the use Therefore, no significant 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? V � t 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, 7 X or state habitat conservation plan a) The subject Corporate Office Zone is located within an urbanized area There are no known candidate sensitive or special status species within the Corporate Office Zone Therefore, the protect 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 Corporate Office Zone is located within an urbanized area There are no riparian habitats or other sensitive natural communities within the Corporate Office Zone 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 Corporate Office Zone is located within an urbanized area There are no federally protected wetlands in the Corporate Office Zone 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 Corporate Office Zone is located within an urbanized area surrounded by other urban uses No known resident or migratory fish or wildlife corridors or sites exist within the Corporate Office Zone 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 Zone Therefore, no impact would occur and no mitigation is required f) The subject Zone 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 Zone for the proposed use Therefore, no impact would occur and no mitigation is required b) The affected Zone is located within an urbanized area There are no known archaeological resources as defined in Public Resources Code Section 15064 5 within the affected Zone Therefore, no impact would occur and no mitigation is required c) The affected Zone is located within an urbanized area No paleontological resources, sites or unique geologic features are known to exist with the affected Zone Therefore, no mitigation is required d The affected Zone is located within an urbanized area No human remains, burial sites, or cemeteries are known to L'JJ Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant recent Alquist -Paolo Earthquake Fault Zoning Map Issued by the Impact With Impact State Geologist for the area or based on other substantial evidence Mitigation of a known fault? Refer to Division of Mines and Geology Special Incorporated Publication 42 exist within the affected Zone or in the surrounding area Therefore, no impact would occur and no mitigation is required 6. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Paolo 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 (it) Strong seismic ground shaking? X (III) Seismic- related ground failure, including liquefactions 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 project, 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 Budding Code (1994), creating substantial risks to life or property e) Have sods 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? v,S�i Issues and Supporting Information Potentially Less than Less Than No Impact Alquist -Pnolo Earthquake Fault Zones in the City of El Segundo' Risk of surface rupture faulting is therefore Significant Significant Stgmficant 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 Impact With Impact (iv) The affected Corporate Office (CO) Zone is not considered to be an area subject to landslides The potential for landslides would be assessed on a case -by -case basis as a part of the environmental review for individual development projects No impact would occur and no mitigation is required Mitigation correlated with this project 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 c) The affected Zone is located within an urbanized area The proposed project, which defines "Museum" and allows Incorporated 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 a) (i) The proposed project defines "Museum" and would allow such use only with a conditional use permit within the Corporate Office (CO) Zone The City is located within the seismically active Southern California region As with any development, site occupants for individual development projects 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 -Pnolo Earthquake Fault Zones in the City of El Segundo' Risk of surface rupture faulting is therefore minimal The potential impact is less than significant and no mitigation is required (it) The City is located in the seismically active Southern California region and therefore could be subject to strong ground shaking in the event of an earthquake 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 (iii) The Corporate Office (CO) Zone area of the Cit� is not considered to be an area of high risk for liquefaction or in areas subject to earthquake induced landslides Therefore, no impact would occur and no mitigation is required (iv) The affected Corporate Office (CO) Zone is not considered to be an area subject to landslides The potential for landslides would be assessed on a case -by -case basis as a part of the environmental review for individual development projects No impact would occur and no mitigation is required b) The affected Corporate Office (GO) Zone is located within an urbanized area As there is no specific development correlated with this project 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 c) The affected Zone is located within an urbanized area The proposed project, which defines "Museum" and allows museum uses only with a conditional use permit in the Corporate Office (CO) Zone, does not involve 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 that include design and construction standards to protect buildings from collapse and seismic impacts No mitigation is required d) The affected Zone is located within an urbanized area The proposed protect would not result in or expose people to potential impacts involving expansive soils However, all new development must comply with California Building Code regulations which establish building requirements for construction in expansive soils No mitigation is required e) The affected Zone is 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 protect) 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? ' California, 'Table 5 Cities and Counties Affected by Alquist -Paolo Earthquake Fault Zones as of May 1, 1999" 13 Feb 2006 < consry ca govCGSRGHM /ap /affected htm> 2 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> i✓ J J Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mmgation Inco orated 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 protect 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 protect result in a safety hazard for people residing or working In the protect area? f) For a protect within the vicinity of a private airstrip, would the protect result in a safety hazard for people residing or working In the protect 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 wlldlands? a) The proposed protect adds and defines "Museum" and allows such use only with a conditional use permit within the Corporate Office (CO) Zone This proposed use is similar to the uses (library, post office, and uses open to the public) already permitted in the Corporate Office (CO) Zone This protect will not create nor Increase such hazards Museums use common chemicals and solutions used to cleanse and sanitize These chemicals are similar to household chemicals and are often stored In small quantities Therefore, no significant Impact would occur b) The protect 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 tJ S U Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated c) "Museum" uses do not 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 Therefore, no impact would occur and no mitigation is required d) The proposed project affects the Corporate Office (CO) Zone in which specific sites may be adjacent to hazardous materials sites or included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 Each proposed project which includes the "museum" use within the Corporate Office (CO) Zone, would be assessed on a case -by -case basis to determine if they are located on a hazardous materials site and if the development would create a significant hazard No impact would occur from defining "Museum" and allowing the use with a conditional use permit Therefore, no mitigation is required e) Some of the areas within the affected Corporate Office (CO) Zone are located within 2 miles of the Los Angeles International Airport (LAX) The proximate 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 Corporate Office (CO) Zone The impact would be 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 Zone is 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 V J t Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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? j) Inundation by selche, tsunami, or mudflow? X 12 UJ8 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated a) The protect will not violate any water quality standards or waste discharge requirements Specific protects incorporating the museum are required to comply with all water quality and waste discharge regulations No impact would occur and no mitigation is required b) The affected Corporate Office (CO) Zone is located within an urbanized area Museums are similar to the uses already permitted within the Corporate Office (CO) Zone and are anticipated to have similar water consumption rates as such uses In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not Increase water consumption rates Therefore, no significant change In groundwater supplies or interference with groundwater recharge is anticipated such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level No mitigation is required c -d) The affected Corporate Office (CO) Zone is located within an urbanized area Allowing a museum use in this Zone with a conditional use permit would not alter existing drainage patterns in a manner that would result in substantial erosion However, any proposed protect Incorporating the museum use must provide drainage plans, adhere to National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) and comply with water quality regulations and standards (e g Standard Urban Stormwater Mitigation Plans (SUSMP)) Therefore, no Impact would occur and no mitigation Is required e) The protect will not create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems However, any proposed protect Incorporating the museum use must provide drainage plans, adhere to National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs) and comply with water quality regulations and standards (e g Standard Urban Stormwater Mitigation Plans (SUSMP)) Therefore, no impact would occur and no mitigation is required f) The affected Corporate Office (CO) Zone is located within an urbanized area Allowing the museum use in this Zone with a conditional use permit would not result in any foreseeable degradation in water quality However, any proposed protect incorporating the museum 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 e Standard Urban Stormwater Mitigation Plans (SUSMP)) Therefore, no Impact would occur and no mitigation is required g -h) The proposed protect does not include any residential development In addition, the affected Corporate Office (CO) Zone is not located within a 100 -year flood hazard area 3 Therefore, no impact would occur and no mitigation is required There are no levees or dams in or near the subject Corporate Office (CO) Zone As stated above in g -h, the Corporate Office (CO) Zone affected by this project is not within a flood hazard area Therefore, no Impact would occur J) According to the Public Safety Element of the General Plan, inundation of the site by seiche, 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 Zone 4 Therefore, there is a less than significant impact and no mitigation is required 1 9. LAND USE AND PLANNING Would the Droiect I a) Physically divide an established community? I I I I X 3 El Segundo General Plan — 1992, Public Safety Element 4 El Segundo General Plan — 1992, Public Safety Element 13 v'JJ Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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 only Involves defining a new use (Museum) and allowing Museums with a conditional use permit within a commercial Zone in the City The affected commercial zone is in an urbanized area surrounded by other commercial and industrial uses 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 Museums with a conditional use permit would be consistent with the purpose of the Corporate Office (CO) Zone to allow commercial uses as established by El Segundo Municipal Code § 15 -5D -5 The project is consistent with development standards of the affected Zone and would not increase density Therefore, no impact would occur c) The affected Zone is 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 the Corporate Office (CO) Zone in which specific sites may contain mineral resources that are of value to the region and the residents of the state However no specific sites within that Zone are known The known oil resources are located on sites within the Light Industrial (M -1) Zone and the Heavy Industrial (M -2) Zone At the time specific development projects are proposed within the Corporate Office (CO) Zone 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 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? 14 u4<] Issues and Supporting Information Potentially Significant Less than Significant Less Than Significant No Impact Impact With Impact Mitigation Incorporated For a protect within the vicinity of a private airstrip, would the protect expose people residing or working in the protect area to excessive X noise levels'? a -b) The affected Corporate Office (CO) Zone is located within an urbanized area The proposed protect adds and defines "Museum" and would allow such use with the approval of a conditional use permit within the Corporate Office (CO) Zone Museums are 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 In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase exposure of persons to noise or vibration in excess of standards established within the El Segundo General Plan and Municipal Code The affected zone is located within the 60 to 70 CNEL (Community Noise Equivalent Level) noise contours El Segundo Municipal Code §7 -24 permits noise within commercial zones noise to exceed the ambient noise level by 8 dBA No specific development protects are proposed Therefore, no significant impact would occur and no mitigation is required c -d) The affected Corporate Office (CO) Zone is located within an urbanized area The proposed "Museum" use requires a conditional use permit in the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not have operational characteristics that are expected to generate noise levels that would result in a substantial permanent or periodic increase in ambient noise levels "Museum" as defined does not have operational characteristics that are expected to generate noise at levels that would result in a substantial permanent or periodic increase in ambient noise levels in the protect vicinity above levels existing without the protect 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 Corporate Office (CO) Zone begins within one mile from the Los Angeles International Airport (LAX) (See 11a above) f) The protect site is not within the vicinity of a private airstrip No impact would occur 12 POPULATION AND HOUSING. Would the protect 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 protect defines "Museum" and would allow such use with a conditional use permit within the Corporate Office (CO) Zone The protect would have no foreseeable increase in population growth in the area Therefore, no impact would occur and no mitigation is required b) The protect will not displace any existing housing, as there is no specific development associated with this protect No mitigation is required c) The protect will not displace substantial numbers of people, as there are no residential uses located within the affected Corporate Office (CO) Zone Therefore, no impact would occur and no mitigation is required 15 O' l Issues and Supporting Information Potentially Less than Less Than No Impact Sigmficint Significant Significant Impact With Impact Mitigation Incorporated 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 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 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 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. TRANSPORTATIONfTRAFFIC 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)? 16 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 "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the trip generation rates above those already anticipated Based on the land use categories established in the Institute of Transportation Engineers, Trio Generation Manual, 7"' Edition, "Museums" are most similar to the institutional land use category of a library (code 590) The vehicle trips that would be anticipated for a museum during the weekday pm peak hour of adjacent street traffic for one hour between 4 pm and 6pm is 4 75 trips per 1,000 square feet The use is consistent with the trip generation rates for uses already allowed within the affected zone As evaluated in the Circulation Element of the General Plan, the roadways and intersections adjacent to the Corporate Office (CO) Zone currently operate at all levels of service (LOS), including LOS E and LOS F The anticipated trip generation rates for museums would not cause a significant increase in relation to the existing traffic load and capacity of the street system The individual and cumulative effect of new development of museums would be determined on a case -by -case basis 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 "Museum" and to allow museums uses with a conditional use permit within the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the number of vehicle trips above other uses already allowed in the Corporate Office (CO) Zone The proposed use and the number of vehicle trips the proposed use would generate would be similar to other uses already allowed in the Corporate Office (CO) Zone 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 museums are 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 proposed use is consistent with other commercial, recreational, public facilities, and institutional designations currently permitted in the Zone Therefore, no impacts would occur and no mitigation is required e) The proposed project is a Zone Text Amendment to define "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone 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 proposed project is a Zone Text Amendment to define "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone The parking demand for a museum varies over the course of a day In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone The ESMC does not require a specific parking ratio for museums, but will require a parking demand study instead to determine the adequate parking requirements for the use Furthermore, the ESMC requires that when there is a mix of land uses on the same property that the individual parking ratio requirements for each land use type be applied to that portion of the budding area Therefore, the project would not result in an inadequate parking capacity to support the use 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 adds a new definition for "Museum" uses and allows museum uses with a conditional use permit within the Corporate Office (CO) Zone, no impacts would occur Therefore, no mitigation is required 17 6,4 J Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated 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 commltments*7 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 Corporate Office (CO) Zone is located within an urbanized area Wastewater generated by "Museum" uses are similar to other commercial, recreational and office uses in the Corporate Office (CO) Zone for which no pre- treatment is required and wastewater is treated by standard (primary, secondary and tertiary) treatment processes In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the wastewater treatment requirements beyond what is anticipated for those other uses already allowed in the Corporate Office (CO) Zone This project would not result in any reasonably foreseeable deviation in wastewater treatment requirements Any proposed development incorporating a museum use 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 Corporate Office (CO) Zone Is located within an urbanized area This protect would not result in the need to construct new water or wastewater treatment facilities or expand existing facilities Therefore, no Impact would occur and no mitigation is required c) The affected Corporate Office (CO) Zone is located within an urbanized area This project 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 Corporate Office (CO) Zone is located within an urbanized area This project 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 e) See 16b above f) The affected Corporate Office (CO) Zone Is located within an urbanized area The proposed project would add a new definition for a "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone, but would not increase solid waste disposal needs Any new projects incorporating a museum would be in -fill development in an area with uses demanding similar solid waste disposal needs In addition, museums have 18 �14 t Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Into orated ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not Increase the solid waste disposal needs beyond what is anticipated for those other uses already allowed in the Corporate Office (CO) Zone 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 mayor periods of California history or prehistory? b) Does the protect 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 project adds and defines "Museum" and permits such use with a conditional use permit within the Corporate Office (CO) Zone The affected Corporate Office (CO) Zone is located within an urbanized area Since the land use is similar in nature to those that are already permitted within this existing commercial zone and does not Involve a specific development protect, 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 mayor periods of California history or prehistory No significant impact would occur and no mitigation measures are required b) The incremental effects of the protect are not significant when viewed in connection with the effects of past projects, current projects, or foreseeable future projects, since this project establishes a new commercial use similar to existing uses in the affected Corporate Office (CO) Zone 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 protects contribution to cumulative, traffic, air quality and other impact areas would be de mmmis (I a 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 J 19 L,l45 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation incorporated Source List 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 2006 < http //gmw consry ca gov /shmp /download /pdf /ozn_vem pdf> California, "Table 5 Cities and Counties Affected by Algwst -Paolo Earthquake Fault Zones as of May 1, 1999" 13 Feb 2006 <http / /www consry ca govCGSRGHM /ap /affected htm> City of El Segundo Municipal 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) Department of Toxic Substances Control (DTSC's) Hazardous Waste and Substances Site List (Cortese List) Institute of Transportation Engineers, Trip Generation Manual, 7'n Edition P \Planning & Budding Safety\PROJECTS \651. 675 \EA - 661\2006 11 09 EA -661 Museum Initial Study Checklist doc % 20 Z� U RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 661 (EA -661) AND CONDITIONAL USE PERMIT NO. 05 -1 TO ALLOW THE OPERATION OF A MUSEUM IN THE CORPORATE OFFICE (CO) ZONE AT 610 LAIRPORT STREET. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that. A On January 27, 2005, Earl Rubenstein filed an application for Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 to operate a Museum at 610 Lairport Street in the Corporate Office (CO) Zone, B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA" ), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D Following a review of the application, staff for the Planning and Budding Safety Department determined that approving the protect would require amending the ESMC as recommended in Resolution No 2613 adopted by the Planning Commission Absent such an amendment, neither EA -661 nor CUP No 05 -01 can be approved, E On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth by City staff, the applicant Stanley Zimmerman, his representative Earl Rubenstein and public testimony, F The Planning Commission considered the information provided by City staff, public testimony, Stanley Zimmerman and his representative Earl Rubenstein and adopted Resolution No 2614 recommending City Council approval of Environmental Assessment No EA -661 and Conditional Use Permit No 05 -01, -1- r� ry v � G On January 16, 2007 the City Council held a public hearing and considered the information provided by City staff, public testimony, Stanley Zimmerman and Earl Rubenstein, and, H This Resolution and its findings are made based upon the testimony and evidence presented to the Council at its January 16, 2007 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2. Factual Findings The City Council finds that the following facts exist A The subject site is located in the Corporate Office (CO) Zone B The General Plan Land Use Designation of the project site is Corporate Office C The surrounding land uses and zoning of the project site consist of office and warehouse uses within the Corporate Office (CO) Zone to the north, Corporate Office (CO) Zone to the south, Corporate Office (CO) Zone to the east, and Corporate Office (CO) Zone to the west D The subject site is a rectangular lot measuring 235 6 feet wide by 200 feet deep, totaling 47,120 square feet in area and 1 08 acres E The subject site is currently developed with an existing 26,954 square - foot, single -story budding F The proposed project consists of a museum containing a display area for up to 80 automobiles, a gift shop, offices and a small kitchen area with seating for dining G Parking will be provided on site for 34 vehicles H The applicant seeks to operate the museum on Saturdays and Sundays from 1000 am to 400 pm and for private social events, including educational group tours that would be scheduled by appointment Valet parking services will be provided for groups in excess of 50 persons Should Ordinance No _ become effective, a Conditional Use Permit would be required for a museum to locate in the Corporate Office (CO) Zone pursuant to proposed ESMC §15 -5D -5 SECTION 3 Environmental Assessment The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 (Class 1 — Existing Facility) CEQA Guidelines § 15304 (Class 4 — Minor Alterations to Land), and CEQA Guidelines § 15305 (Class 5 — Minor Alterations in Land Use Limitations), since the project involves minor interior changes to -2- an existing budding and minor modifications to the parking and landscaping areas on the site which involves negligible expansion of an existing use and does not result in changes in land use or density SECTION 4 Genera/ Plan and Zoning Findings If Ordinance No. becomes effective, the proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows A Th e Land Use Designation of the project site is Corporate Office The proposed museum with the approval of a conditional use permit is consistent with the intent of the General Plan land use designation Corporate Office that permits a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard The proposed 26,954 square -foot museum will contain a small retail gift shop and a dining area, and it will be located in its budding as a single tenant B Th a proposed museum conforms to the Land Use Element Goals, Objectives and Policies. Specifically, the museum is consistent with the intent of the Land Use Element Goal LU-4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the museum is consistent with the intent of Land Use Element Objective LU4 -4, Policy LU -4- 1 1 and Policy LU5 -3 1 in that it will contribute to a mix of uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, it will reduce traffic impacts, and encourage pedestrian environments by using buses, shuttles, vans and carpooling for group events to minimize traffic and by providing a public facility within walking distance of businesses, the museum will be required to provide landscaping, its maintenance, and permanent upkeep for the new commercial development; and the museum will promote the revitalization and upgrading of an area which contains aesthetic or functional deficiencies in landscaping, off - street parking and loading areas by adding landscaping and improving the off - street parking and loading area design C The proposed museum conforms to the Circulation Element Policy C3 -2 1 in that sufficient on -site parking will be provided for the museum by establishing minimum parking requirements as determined by a parking study, providing parking in excess of the minimum parking requirements, and providing valet parking service and/or shuttle bus /van service to accommodate large group events D The project conforms to the Economic Development Element Goals, Objectives and Policies Specifically, the museum is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that the museum will contribute to a strong, healthy economic community in which all diverse stakeholders may benefit, the museum will expand El Segundo's retail and commercial base so that the diverse needs of the City's business and -3- ul residential communities are met, and the museum will maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E Th a proposed museum location at 610 Lairport Street is in the Corporate Office (CO) Zone ESMC §15 -5D -5 requires approval of a Conditional Use Permit for a museum to locate in the Corporate Office (CO) Zone SECTION 5 Conditional Use Permit Fmdrngs If Ordinance No becomes effective, the proposed project complies with the Conditional Use Permit Findings as follows A The proposed Conditional Use Permit complies with the applicable provisions of ESMC Chapter 15 -23 -7 since a properly noticed public hearing was held January 16, 2007, a decision was rendered based upon that public hearing, and the applicant will comply with any requirements of the land use approval In addition, the proposed location of the Automobile Museum is in the Corporate Office (CO) Zone If Ordinance No becomes effective, museums would be a use that is permitted with the approval of a conditional use permit in the Corporate Office (CO) Zone The ESMC would allow additional conditions to ensure that the operation and the design of the museum is compatible with the neighboring properties where the project is proposed These regulations ensure that the proposal is made to conform to the development standards identified in the ESMC and any conditions that are unique to the proposed use B The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the Museum is within an area that is surrounded with offices and light industrial uses The Museum would be located in an existing building and site that will be rehabilitated with minor interior and exterior alterations, including parking area design and landscaping The existing interior office area of the building has been improved The exterior budding fagade will not be modified Appropriate conditions for development and operations are established to ensure such compatibility The hours of operation for the Museum will be limited and will be primarily from 10 00 a m and 4 00 p m on Sundays with special private events by appointment A maximum of 80 persons will be permitted on site so that there will not be impacts to parking on Lairport Street Additionally, special private social events with groups in excess of 50 persons will require that the Museum staff provide valet parking or shuttle services for visitors Accordingly, the proposed location of the conditional use and the -4- r,;- U%J conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity C The proposed conditional use will comply with each of the applicable provisions of ESMC Chapter 15 -27 The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, and proper hearing decision and records will be complied with, and the required findings will be considered SECTION 6 Approval Subject to the conditions listed in the attached Exhibit 'A," which are incorporated into this Resolution by reference, and dependent upon Ordinance No _ becoming effective, the City Council conditionally approves CUP No 05 -01 SECTION 7 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 8 Limitations The City Council's analysis and evaluation of the protect is based on the best information currently available It is inevitable that in evaluation a protect that absolute and perfect knowledge of all possible aspects of the protect will not exist One of the major limitations on analysis of the protect is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 9 Summanes 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 -5- L 5 1 SECTION 10 This Resolution will become effective on the same date as Ordinance No and remain effective until superseded by a subsequent resolution Should Ordinance No not become effective, this Resolution will be rendered void and therefore unenforceable PASSED, APPROVED AND ADOPTED this _ day of , 2007. Kelly McDowell, Mayor 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 duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the _ day of , 2007, and the same was so passed and adopted by the following vote AYES NOES ABSENT' ABSTAIN Cindy Mortesen, City Clerk M APPROVED AS TO FORM Mark D Hensley, City Attorney Karl H Berger Assistant City Attorney -6- 1,� J CITY COUNCIL RESOLUTION NO. _ Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), the applicant agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 ( "Project Conditions ") Zoning Conditions 1 A maximum of 80 persons including patrons and employees are permitted on -site during all hours of operation 2 A minimum of 34 parking spaces must be maintained on -site 3 Valet parking service must be provided for events for groups in excess of 50 people Shuttle or bus service provided by the museum may be used to supplement or may be substituted for valet parking service for groups in excess of 50 people 4 The museum must contain a maximum budding display area for 80 automobiles consistent with the floor plan submitted to the Planning and Building Safety Department 5 Vehicles must be displayed in positions inside the museum in accordance with applicable law, including without limitation, the California Fire Code 6 Modifications to the floor plan require approval by the Planning and Budding Safety Director Significant changes to the size of the areas designated for display area, dining area, the retail area and offices, as determined by the Planning and Budding Safety Director, require review by the Planning Commission 7 The mechanical maintenance of vehicles must be performed indoors and is limited to oil changes, tire installation or repair and other minor mechanical repairs 8 The maximum interior budding floor area dedicated for the mechanical maintenance of vehicles is limited to two vehicles and a final floor plan must be submitted to the satisfaction of the Planning and Budding Safety Director and Fire Chief showing the location of where vehicles will be maintained and all chemicals that will be stored on the premises -7- 9 The sidewalk must be fully restored along the front length of the property and where the two existing driveway entries will be removed in the public right -of -way, as per City's Public Works Department specifications 10. The new westerly driveway and driveway apron that provides access to the parking area must have a minimum width of 20' -0" The driveway alignment and drive aisle must not intersect the parking stalls 11 A minimum 5-0" wide landscaping area must be provided along the western property line adjacent to the sidewalk and public right -of -way in compliance with the landscaping requirements in ESMC §15 -2 -14 Service Fees 12 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time library services mitigation fee of $0 03 per gross square -foot of building floor area 13 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time fire services mitigation fee of $0 14 per gross square -foot of budding floor area 14 Pursuant to ESMC §§ 15- 27A -1, et seq., and before certificates of occupancy are issued, the applicant must pay a one -time police services mitigation fee of $0 11 per gross square -foot of budding floor area 15 Pursuant to ESMC §§ 15- 27A -1, et seq , and before the City issues certificates of occupancy, the applicant must pay the required traffic mitigation fees as calculated in accordance with City Council Resolution No 4443 Public Safety Conditions 16 The applicant must provide security surveillance as recommended by a qualified security expert to the satisfaction of the Police Chief 17 Vehicles must not be parked or staged within the public right -of -way 18 Automotive repair and maintenance must be conducted to prevent contamination of the property by collecting any hazardous wastes and legally disposing of these wastes off -site 19 No runoff from cleaning or maintenance of either vehicles or restaurant must flow into the storm drain system 20 A permit from the El Segundo Fire Department, Environmental Safety Division, is required to allow generation of any hazardous or industrial wastes by the applicant -8- LJ�E Budding Safetv 21 Before budding permits are issued, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes with El Segundo amendments 22 Occupancy for dining and entertainment must not exceed the maximum occupant load permitted for indoor and outdoor uses allowed per the adopted California Budding Code 23 The placement of vehicles on display within the museum must not block ingress or egress as required by the California Building Code 24 The applicant must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control, and erosion control 25 The dining area must be separated from the car storage area by one hour fire rated occupancy construction 26 Handicapped accessibility must be provided for all dining and kitchen areas. 27 Los Angeles County Health Department approval must be obtained for the dining and kitchen areas 28 Ventilation must be provided in the car museum per the 2001 California Building Code Chapter 12 requirements Public Works 29 Any encroachment in the public right -of -way must obtain an Encroachment Permit from the Public Works Department 30 Replace existing sidewalk along the front length of the property with 6' -0" wide concrete sidewalk and 6' -0" wide landscaped parkway adjacent to the concrete curb 31 New driveways must be constructed per City Standard Drawing No ST -8 32, Replace all displaced or damaged curb and gutter along the front length of the property per City Standard Plan No ST -9 33 Remove and replace existing asphalt pavement damaged during the development construction 34 Identify all existing utilities (water, sewer, gas, etc ) around the project site -9- t, J .) Miscellaneous Conditions 35 Stanley M Zimmerman, and his successors in interest, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 661 (EA- 661) and Conditional Use Permit No 05 -01, Stanley M Zimmerman, and his successors In interest, agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against It or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Stanley M Zimmerman certifies that he read, understood, and agrees to the Project Conditions listed in this document Stanley M Zimmerman {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Building Safety \PROJECTS \651 - 675 \EA - 661 \City Counral\2007 01 16 EA -661 CC CUP Reso doc -10- �J� CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: December 14, 2006 SUBJECT: Environmental Assessment No. EA -661 and Zone Text Amendment No. 06 -03 and Conditional Use Permit No. 05 -01 APPLICANT: Earl Rubenstein PROPERTY OWNER: Various (Corporate Office (CO) Zone); Stanley Zimmerman (610 Lairport Street) REQUEST: Recommend that the City Council amend the Ei Segundo Municpal Code to Add a New Definition for "Museum"; that the City Council amend ESMC Section §15 -5D -5 to add "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone; and that the City Council approve a Conditional Use Permit for a Museum at 610 Lairport Street PROPERTY INVOLVED: Various Properties City Wide Throughout the Corporate Office (CO) Zone; 610 Lairport Street Introduction Zone Text Amendment The proposed project includes a Zone Text Amendment to amend the El Segundo Municipal Code (ESMC) §15 -1 -6 by adding a new definition for "Museum" and to amend ESMC §15 -5D -5 to add "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 Museum at 610 Lairport Street Additionally, the proposed project would include a conditional use permit to allow operation of a museum with a gift shop and a small kitchen and dining area in an existing 26,954 square -foot, single -story building located at 610 Lairport Street vJe 11. Recommendation Zone Text Amendment Planning staff recommends that the Planning Commission review the facts as contained within this report and submitted during the public hearing, and then adopt Resolution No 2613 recommending that the City Council approve Environmental Assessment No EA -661 and adopt an Ordinance implementing Zone Text Amendment No ZTA 06 -03 Museum at 610 Lairport Street Planning staff recommends that the Planning Commission review the facts as contained within this report and submitted during the public hearing, and then adopt Resolution No 2614 recommending that the City Council approve Environmental Assessment No 661 and Conditional Use Permit No 05 -01 111. Proiect Description and Background Zone Text Amendment A Zone Text Amendment to add a new definition to ESMC § 15 -1 -6 for "Museum" and to amend ESMC § 15 -5D -5 to allow "Museum" with the approval of a conditional use permit in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 The Zone Text Amendment amends the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" as follows: "Museum A land use involving the collection, documentation, preservation, exhibition, interpretation and public display of objects of historical, scientific, cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library, multimedia presentation rooms and storage rooms Museums may also include accessory uses such as retail sales, restaurants, cafes, recreational uses, and other uses ancillary uses customarily associated with museums " The proposed project is a Zone Text Amendment to amend the El Segundo Municipal Code (ESMC) §15 -513-5 to allow "Museums" with the approval of a Conditional Use Permit in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23. t ;JU Museum at 610 Lairport Street Site Description and Surrounding Land Uses The project site is located on Lairport Street, east of Sepulveda Boulevard between Maple Avenue and Mariposa Avenue The subject site is a rectangular lot measuring 235.6 feet wide by 200 feet deep, totaling 47,120 square feet in area and 1 08 acres The subject site is currently developed with an existing 26,954 square -foot, single -story building The existing building was formerly used as a warehouse with 1,363 55 square feet of office area The warehouse was originally constructed in 1953. The project site contains a legal non - conforming budding with regard to parking, landscaping, and the minimum required front yard setback for the budding The site contains off - street surface parking spaces and one raised loading dock area with a ramp The parking area will be re- slurried and re- striped to accommodate the proposed use and the required number of parking spaces as determined through the parking demand study The surrounding area is predominantly composed of corporate office and some existing legal, non - conforming, light industrial uses The surrounding land uses are as follows Land Use Zone North: office CO South: office CO East: office (;o West: office CO Project Description The proposed project is to allow the operation of a new museum in an existing budding located in the Corporate Office (CO) Zone The proposed new museum would be located in an existing single -story, 26,954 square -foot budding The museum will contain a 23,377 square -foot display area for 75 automobiles, an 1,089 square -foot gift shop, 1,364 square -foot area for offices, and a 1,125 square -foot kitchen and dining area The kitchen and dining room area will be a multi- purpose area that can seat up to 36 people at a time when tables and chairs are set -up The proposed parking area for the Automobile Museum contains a total of 34 spaces that would be comprised of 9 standard size spaces, 5 compact spaces, 18 tandem spaces, and 2 handicap accessible spaces A new T -0" high wrought iron fence and gate was installed to provide security of the property when the museum is not open to the public New landscaping planters are proposed in the front yard setback facing Lairport Street The applicant states that the only employees of the museum will be four volunteer docents The museum is proposed to be open to the general public on Sundays from 10 3 r2 63 a m to 4 00 p m and by appointment for special private events However, the applicant would like to extend the museum's hours of operation in the future to include Saturdays as more interest develops in the museum Visits during the week are proposed to occur by appointment only for school groups, senior citizen groups, and business groups, and occasionally for individual guests It is anticipated that the school groups and most senior citizen groups will arrive in a bus, van, or carpool arrangement Valet parking services will be provided for group social events for groups in excess of 50 persons on site at a time The applicant anticipates a maximum of 75 visitors to the museum at any one time A parking demand study was submitted to determine the minimum required number of off - street parking spaces for the museum IV. Analysis Zone Text Amendment Museums are not currently included as a permitted or conditionally permitted use nor is the term defined in the ESMC Without a specific definition for museums, they would not be permitted in any zone within the City of El Segundo The proposed Zone text Amendment would allow museums within the Corporate Office (CO) Zone Museums are similar to the uses already permitted within the CO Zone and are anticipated to have a variety of accessory uses such as offices, libraries, retail sales, restaurants, cafes, and recreational uses Currently, offices, public uses such as libraries, public and private recreational facilities, restaurants and cafes are permitted uses in the CO Zone Currently, limited support service retail uses are permitted accessory uses in the CO Zone Additionally, the CO Zone allows uses that are customarily incidental to a permitted use The above - mentioned accessory uses would be incidental to the primary museum use and would not be expected to increase traffic or create any impacts beyond those of a museum operating by itself ESMC Chapter 15 -15 does not list the minimum number of parking spaces required for a museum As a result, a parking demand study must be submitted to satisfy the parking requirements described in ESMC §15 -15 -3 D 2 when the number of parking spaces is not listed for a use A parking demand study must be provided that describes the proposed number of employees for the operation, the expected visitors, and other criteria to establish what the minimum required number of off - street parking spaces for a museum use Museums may vary in the amount of parking demand they create based upon their size, their nature, their amenities, and other factors and there is not a standardized traffic generation rate established by the "Trip Generation Institute of Transportation Engineers (ITE), 7th Edition" for museums due to the variability of their operation and parking needs Therefore, the Planning and Building Safety Department Staff recommends that the City continue to rely on the use of a parking demand study to determine the number of required parking spaces rather than establish a requirement for a fixed parking ratio for museums 4 i UQ Museum at 610 Lairaort Street A museum could be permitted with approval of a Conditional Use Permit in the Corporate Office (CO) Zone if the City Council adopts the proposed Zone Text Amendment The proposed museum at 610 Lairport would comply with the draft zoning regulations as outlined below subject to the proposed conditions of approval Zoning The following table compares the proposed project site with the minimum required development standards for the Corporate Office (CO) Zone (CO)ZONE PROPOSED REQUIREMENTS STANDARDS PROJECT Building Area 0 8 FAR 0 57 FAR Lot Area 10,000 s f min 47,100 s f Street Frontage 100' mm 235 6' Building Height 200' max 21' max Setbacks Front 25' min 20' Side (south) 15' min 0' (existing budding is legal nonconforming) (north) 15' min 9 5' (legal nonconforming) Rear 10' min 0' (legal nonconforming) Landscaping a) Vehicular - 5% of VUA 376 25 sf (legal Use Area nonconforming) b) Budding - 5' min 0' (existing budding is perimeter legal nonconforming) c) Property Fully Landscaped not landscaped (legal perimeter 5' Minimum At nonconforming) Front Setback At Property Line 5 Parking Spaces To be determined 34 spaces by Parking Demand Study Planning staff proposes a condition of approval for a 5 -foot landscaped area along the front property line between the right property line and the pedestrian path on the right side of the parking area to eliminate the legal, non - conforming condition at the front property line where pavement exists currently Planning staff also proposes conditions of approval to properly align the replacement driveway apron property with the drive aisle so that it does not intersect parking spaces Additionally, Planning staff proposes elimination of the two curb cuts to the right of the leftmost curb cut since no parking can be provided legally within the front setback area Parking ESMC Chapter 15 -15 does not list the minimum number of parking spaces required for a museum ESMC §15- 15 -3.D 2 requires that a parking demand study be prepared when a fixed parking ratio is not listed for a use to determine the required number of parking spaces The parking demand study prepared for the museum describes the proposed number of employees for the operation, the expected visitors, and other criteria to establish what the minimum required number of off - street parking spaces would be for the use The museum is relocating from an existing location at 2134 Pontius Avenue in West Los Angeles The parking demand study indicates that the existing automobile museum located on Pontius Avenue in the City of Los Angeles has a peak parking demand of 6 vehicles, which is comprised of 3 docents' (employees) and 3 visitors' vehicles The new museum in El Segundo is proposed to have a maximum of 4 docents and up to 8 visitors' vehicles (based on the proportional increase in floor area and average estimates of visitors), Thus, the parking demand study determined that a minimum number of 12 parking spaces would be needed to accommodate the parking demand exclusive of group events The proposed parking area for the museum contains a total of 34 spaces that would be comprised of 9 standard size spaces, 5 compact spaces, 18 tandem spaces, and 2 handicap accessible spaces Additionally, Planning staff conducted research as to any parking standards that other Cities may require for similar museums Planning staff contacted the City of Los Angeles regarding the Petersen Automobile Museum and the City of Tustin regarding the Marconi Automobile Museum The City of Los Angeles required and approved a Conditional Use Permit for the Peterson Museum that required a parking ratio of 1 parking space per 1,000 square feet of exhibit floor area, 1 space for every 500 square feet of retail area, and 1 space for every 200 square feet of restaurant area It should be noted that the Peterson Museum is Cb2 6 substantially larger than the museum being considered by the City of El Segundo and contains a full size restaurant with a piano bar Moreover, no additional parking was required for offices, restrooms, storage areas, corridors and other areas not used for exhibit space, restaurant or retail The City of Tustin also required and approved a Conditional Use Permit for the Marconi Automobile Museum The Marconi Museum was not required to provide any parking originally as it was located on a site that had other retail and automobile repair uses It was allowed to share the parking with those uses However, a 5,550 square -foot banquet facility was added later that was allowed to have a maximum occupancy of 369 persons and was required to provide 123 parking spaces The total square footage of the Marconi Museum is 22,000 square feet including the banquet facility and 15,000 square feet of museum display area The museum has only 65 parking spaces on site and is required to use valet parking services for groups that will have more than 65 vehicles Planning staff concurs with the findings of the parking demand study analysis, which indicates that the parking requirement for the new museum would be a minimum of 12 spaces based upon the anticipated operation on Sundays and the limited accessory uses provided on site However, staff recommends a condition of approval to maintain a minimum of 34 parking spaces on site to accommodate the larger group events that would need the larger capacity and to also accommodate potential increase in visitors in the future Planning staff recommends a condition of approval to require valet parking service for groups over 50 persons as well as utilizing buses and shuttle services to ensure that adequate parking is provided on site Additionally, Planning staff recommends a condition of approval to limit the number of persons on the premises during hours of operation to 80 based upon the anticipated maximum of 75 visitors and the need for 4 docents and a valet parking staff person V. General Plan and Zoning Consistency Zone Text Amendment If adopted, the proposed Zone Text Amendment would conform with the City's General Plan The proposed General Plan Land Use Designation for museums is Corporate Office The Zone Text Amendment would conform to the Land Use Element Goals, Objectives and Policies "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone "Museum" is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single - tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard The proposed amendment to define "Museum" and to conditionally permit museums in the Corporate Office (CO) Zone subject to the Corporate Office (CO) Zone development standards and parking requirements as determined by a parking study conforms with the General Plan Goals, Objectives and Policies related to the Land Use, Economic Development, and Circulation Elements as 7 L 6 ,i outlined in the attached Resolution Specifically, the proposed Zone Text Amendment is consistent with Land Use Element Goal LU -4, Objective LU4 -4, and Policies LU -4 -1.1 and LU5 -3 1 The proposed Zone Text Amendment is also consistent with Circulation Element Policy C3 -2 1 Further, the proposed Zone Text Amendment is consistent with Economic Development Element Goals ED1 and ED2, and Policies ED1 -2 1, and ED1 -2 2 "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone is consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, public uses such as libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio Museum at 610 Lairport Street The proposed Automobile Museum would conform with the City's General Plan Museums are permitted with a Conditional Use Permit in the Corporate Office (CO) Zone and the General Plan Land Use Designation for museums is Corporate Office A museum is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard The proposed Automobile Museum is conditionally permitted in the Corporate Office (CO) Zone subject to the Corporate Office (CO) Zone development standards and parking requirements as determined by a parking study and conforms with the General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements as outlined in the attached Resolution Specifically, the proposed Zone Text Amendment is consistent with Land Use Element Goal LU-4, Objective LU4-4, and Policies LU- 4-1 1 and LU5 -3 1 The proposed Zone Text Amendment is also consistent with Circulation Element Policy C3 -2.1 Further, the proposed Zone Text Amendment is consistent with Economic Development Element Goals ED1 and ED2, and Policies ED1 -2.1, and ED1 -2 2 The proposed Automobile Museum as a conditionally permitted use in the Corporate Office (CO) Zone is consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, public uses such as libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio VI. Conditional Use Permit Findings ESMC § 15 -23 -6 generally allows the Planning Commission to grant a conditional use permit upon making the findings set forth below Here, however, the proposed Zone Text Amendment must be adopted before a CUP can be granted Accordingly, the proposed action for the Planning Commission is to recommend that the City Council grant a CUP upon making the following findings 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The proposed location of the Museum is in the Corporate Office (CO) Zone. Museums are a use that, if the ZTA is adopted, is permitted with the approval of a conditional use permit in the Corporate Office (CO) Zone The El Segundo Municipal Code allows requiring additional conditions to ensure the operation and the design of the museum is compatible with the neighboring properties where the project is proposed These regulations ensure that the proposal is made to conform to the development standards identified in the ESMC and any conditions that are unique to the proposed use 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the Museum is within an area that is surrounded with offices and light industrial uses The Museum will be located in an existing building and site that will be rehabilitated with minor interior and exterior alterations, including parking area design and landscaping The existing interior office area of the budding has been improved The exterior budding fagade will not be modified Appropriate conditions for development and operations have been established to ensure such compatibility The hours of operation for the Museum would be limited and will be primarily from 10 00 am and 4 00 p m on Sundays with special private events by appointment, A maximum of 80 persons will be permitted on site so that there will not be impacts to parking on Lairport 9 UCiJ Street Additionally, special private social events with groups in excess of 50 persons will require that the Museum Staff provide valet parking or shuttle services for visitors As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity 3. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, and proper hearing decision and records will be complied with, and the required findings will be considered As described and analyzed above, staff thinks that there is adequate evidence to support the three required Conditional Use Permit findings, if the proposed conditions of approval are adopted and the ESMC is amended The Planning Commission may consider and impose additional conditions, which it deems necessary, in order to meet the required conditional use permit findings VII. In -Lieu Fee Agreement Museum at 610 Lairport Street Condition No 12 would require the applicant to enter into an in -lieu fee agreement with the City that would be effective for ten years with an option to extend the Agreement for an additional ten years, The amount of the in -lieu fee would be equal to the amount of business license fees the City would ordinarily collect during the twenty -year period that the museum may be in business Since the museum is a non - profit, it would otherwise be exempt from paying a business license fee VIII. Inter- Departmental Comments Museum at 610 Lairport Street Planning Staff received several interdepartmental comments regarding the proposed project that have been incorporated into the Conditions of Approval The interdepartmental comments are attached for reference IX. Environmental Review Zone Text Amendment The proposed Zone Text Amendment was analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts (Exhibit C) was prepared pursuant to CEQA The Initial Study found that no substantial 10 i ti u evidence that the Zone Text Amendment would have a reasonably foreseeable significant effect on the environment Accordingly, a Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA §15070 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 was circulated for public review and comment between November 24, 2006 and December 13, 2006. Museum at 610 Lairport Street The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 (Class 1 — Existing Facility), CEQA Guidelines § 15304 (Class 4 — Minor Alterations to Land), and CEQA Guidelines § 15305 (Class 5 — Minor Alterations in Land Use Limitations), since the project involves minor interior changes to an existing budding and minor modifications to the parking and landscaping areas on the site which involves negligible expansion of an existing use and does not result in changes in land use or density X. Conclusion Zone Text Amendment Staff recommends that the Planning Commission adopt Resolution No 2613 regarding Environmental Assessment EA -661, and Zone Text Amendment No ZTA 06 -03, which recommends that the City Council adopt the proposed Ordinance which adds a new definition for "Museum" to the El Segundo Municipal Code (ESMC) §15 -1 -6 and to amend ESMC §15 -5D -5 to add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 Museum at 610 Lairport Street Staff recommends that the Planning Commission adopt Resolution No 2614 recommending that the City Council approve Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 XI. Exhibits A Planning Commission Resolution No 2613 B Draft Ordinance C Draft Initial Study D Planning Commission Resolution No 2614 E Parking Demand Study by Radsystems International, Inc. dated November 15, 2006 F Comments dated December 4, 2006 from City's Consultant Traffic Engineer Richard Garland G Applications H Interdepartmental Comments Prepared by Maria Baldenegro, Assistant Planner Kimberly Chn t risen, AICP, Planning Manager Planning and tiding Safety Department r Gary Chicotsj team Director Planning aad'Bwlding Safety Department P \Planning & Building Safety\PROJECTS \651- 675\EA- 66112006 12 14 EA -661 PC SR ZTA CUP doc 12 1 "6s RESOLUTION NO. 2613 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO, 661 (EA -661) AND ZONE TEXT AMENDMENT NO. 06 -03 AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD "MUSEUMS" AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE. The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Planning Commission finds and declares that A On February 27, 2006, Earl Rubenstein, filed an application for Environmental Assessment No 661 (EA -661) and Zone Text Amendment No 06 -03 to amend the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" and to amend ESMC §15 -5D -5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 (collectively, the "Project "), B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, C In addition, the City reviewed the Project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D An Initial Study was prepared pursuant to the CEQA for the Project The Initial Study found no substantial evidence suggesting that the Project would have a reasonably foreseeable 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 was circulated for public review and comment between November 24, 2006 and December 13, 2006, E The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for December 14, 2006, F On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth submitted by the Planning and Building Safety Department in the staff report Following the public hearing, the Commission considered the evidence, and G This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its December 14, 2006 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department, information submitted and evidence received SECTION 2 Environmental Assessment The Draft Ordinance for implementing the Project is attached as Exhibit "A ", and incorporated by reference ( "Ordinance "), was analyzed for its environmental impacts and an Initial Study was prepared pursuant to Public Resources Code §15063 The Initial Study demonstrated that the project will not have a reasonably foreseeable significant effect on the environment A Negative Declaration of Environmental Impacts is proposed for the 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 "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone A museum use, as defined in the Ordinance, is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard B The Project is consistent with Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the use is consistent with the intent of Land Use Element Objective LU4 -4, Policy LU -4 -1 1 and Policy LU5 -3 1 in that it will provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments, and it will require landscaping, its maintenance, and permanent upkeep on all new commercial developments and it will promote the revitalization and upgrading of areas which contain aesthetic or functional deficiencies in such areas as landscaping, off- street parking and loading areas OTO C The Project conforms with Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking in all new museum development by establishing parking requirements as determined by a parking study D The Project is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating a strong, healthy economic community in which all diverse stakeholders may benefit, it will assist in expanding El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and it will help maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E The Project is consistent with the intent of Economic Development Element Goal ED2 in that it helps create a supportive and economically profitable environment as the foundation of a strong local business community SECTION 4 Zone Text Amendment Findings Based on the findings set forth above, the proposed Ordinance is necessary to implement the Project and allow museums as a conditionally permitted use in the Corporate Office (CO) Zone A Museum uses, as defined in the Ordinance, that are conditionally permitted in the Corporate Office (CO) Zone are consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone B Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 8 floor area ratio 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 -3- 6'7i SECTION 7 This Resolution will remain effective until superseded by a subsequent resolution SECTION 8 The Commission Secretary is directed to mad 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 period Failure to file a timely written appeal will constitute a waiver of any right of appeal PASSED AND ADOPTED this 14th day of December, 2006 ATTEST Gary Chicots, Secretary APPROVED AS TO FORM Mark D Hensley, City Attorney a Michael Kretzmer, Chairperson City of El Segundo Planning Commission Karl H Berger, Assistant City Attorney Kretzmer - Frick - Fellhauer - Rotolo - Wagner - P \ PBS \PROJECTS \651- 6751EA- 661\2006 12 14 EA -661 PC ZTA Reso doc I" � rJ RESOLUTION NO. 2614 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE ENVIRONMENTAL ASSESSMENT NO. 661 (EA -661), AND CONDITIONAL USE PERMIT NO. 05 -1 TO ALLOW THE OPERATION OF A MUSEUM IN THE CORPORATE OFFICE (CO) ZONE AT 610 LAIRPORT STREET. The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Planning Commission finds and declares that. A. On January 27, 2005, Earl Rubenstein fled an application for Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 to operate a Museum at 610 Lairport Street in the Corporate Office (CO) Zone, B The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC, C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA"), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D Following a review of the application, staff for the Planning and Building Safety Department determined that approving the project would require amending the ESMC as recommended in Resolution 2613 Absent such an amendment, neither EA -661 nor CUP No 05 -01 can be approved, E A public hearing regarding the application before this Commission was scheduled for December 14, 2006, F On December 14, 2006 the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information set forth submitted by the Planning and Building Safety Department in the staff report and provided to the Commission by Stanley Zimmerman, and his representative Earl Rubenstein; and G The Commission considered the information provided by City staff, public testimony, Stanley Zimmerman and his representative Earl Rubenstein This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its December 14, 2006 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department, SECTION 2 Factual Findings The Commission finds that the following facts exist A The subject site is located in the Corporate Office (CO) Zone B The General Plan Land Use Designation of the project site is Corporate Office C The surrounding land uses and zoning of the project site consist of office and warehouse uses within the Corporate Office (CO) Zone to the north, Corporate Office (CO) Zone to the south, Corporate Office (CO) Zone to the east, and Corporate Office (CO) Zone to the west D The subject site is a rectangular lot measuring 235 6 feet wide by 200 feet deep, totaling 47,120 square feet in area and 1 08 acres E The subject site is currently developed with an existing 26,954 square - foot, single -story budding F The proposed project consists of a museum containing a display area for 75 automobiles, a gift shop, offices and a small kitchen area with seating for dining G. Parking will be provided on site for 34 vehicles H The applicant seeks to operate the museum on Sundays from 10 00 am to 4 00 pm and for private social events, including educational group tours that would be scheduled by appointment Valet parking services will be provided for groups in excess of 50 persons Should the ESMC be amended as contemplated by Resolution No. 2613, A Conditional Use Permit would be required for a museum to locate in the Corporate Office (CO) Zone pursuant to proposed ESMC §15 -5D -5 SECTION 3 Environmental Assessment. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § Categorical Exemption 15301 (Class 1 — Existing Facility) CEQA Guidelines § Categorical Exemption 15304 (Class 4 — Minor Alterations to Land), and CEQA Guidelines § Categorical Exemption 15305 (Class 5 — Minor Alterations in Land Use Limitations), since the project involves minor interior changes to an existing budding and minor modifications to the parking and landscaping areas on the site which involves negligible expansion of an existing use and does not result in changes in land use or density -2- Ult SECTION 4 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 The proposed Museum with the approval of a conditional use permit is consistent with the intent of the General Plan land use designation "Corporate Office" that permits a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard The proposed Museum will contain a small retail gift shop and a dining area, and it will be located in its budding as a single tenant B The project conforms to the Land Use Element Goals, Objectives and Policies Specifically, the museum use is consistent with the intent of the Land Use Element Goal LU-4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the museum use is consistent with the intent of Land Use Element Objective LU4 -4, Policy LU-4 -1 1 and Policy LU5 -3 1 in that it will contribute to a mix of uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, it will reduce traffic impacts, and encourage pedestrian environments by using buses, shuttles, vans and carpooling for group events to minimize traffic and by providing a public facility within walking distance of businesses, the museum will be required to provide landscaping, its maintenance, and permanent upkeep for the new commercial development, and the museum will promote the revitalization and upgrading of an area which contains aesthetic or functional deficiencies in landscaping, off - street parking and loading areas by adding landscaping and improving the off - street parking and loading area design C The project conforms to the Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking for the museum by establishing parking requirements as determined by a parking study D The project conforms to the Economic Development Element Goals, Objectives and Policies Specifically, the project is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that the museum will contribute to a strong, healthy economic community in which all diverse stakeholders may benefit, the museum will expand El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and the museum will maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals E The proposed amendment to define "Museum" and to conditionally permit museums in the Corporate Office (CO) Zone subject to the Corporate Office (CO) Zone development standards is consistent with the intent of Economic -3- v,j,i Development Element Goal ED2 in that the museum provides a supportive and economically profitable environment as the foundation of a strong local business community SECTION 5 Conditional Use Permit Findings, After considering the above findings regarding proposed Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01, the Planning Commission finds as follows A The proposed location of the conditional use is in accord with the objectives of ESMC Title 15 and the purposes of the zone in which the site is located The proposed location of the Automobile Museum is in the Corporate Office (CO) Zone If the City Council adopts the proposed Ordinance attached as Exhibit A to Resolution 2613, museums would be a use that is permitted with the approval of a conditional use permit in the Corporate Office (CO) Zone The ESMC would allow additional conditions to ensure that the operation and the design of the museum is compatible with the neighboring properties where the project is proposed These regulations ensure that the proposal is made to conform to the development standards identified in the ESMC and any conditions that are unique to the proposed use B The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity The proposed location of the Museum is within an area that is surrounded with offices and light industnal uses The Museum would be located in an existing budding and site that will be rehabilitated with minor interior and exterior alterations, including parking area design and landscaping The existing interior office area of the budding has been improved The exterior budding fagade will not be modified Appropriate conditions for development and operations are established to ensure such compatibility The hours of operation for the Museum will be limited and will be primarily from 10 00 a m and 4 00 p m on Sundays with special private events by appointment A maximum of 80 persons will be permitted on site so that there will not be impacts to parking on Lairport Street Additionally, special private social events with groups in excess of 50 persons will require that the Museum staff provide valet parking or shuttle services for visitors Accordingly, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity v `I" -4- U C The proposed conditional use will comply with each of the applicable provisions of ESMC Chapter 15 -27 The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, and proper hearing decision and records will be complied with, and the required findings will be considered SECTION 6 Recommendation Should the City Council follow the recommendations set forth in Resolution No 2613 and adopt the proposed Ordinance, then the Planning Commission recommends that the City Council approve Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 as set forth in this Resolution SECTION 7 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 8 This Resolution will remain effective until superseded by a subsequent resolution SECTION 9 The Commission Secretary is directed to mail a copy of this Resolution to any person requesting a copy and the applicant, Earl Rubenstein, and the property owner Stanley Zimmerman l: 1 � SECTION 10. This Resolution may be appealed within ten (10) calendar days after its adoption All appeals must be in writing and fled with the City Clerk within this time period Failure to file a timely written appeal will constitute a waiver of any right of appeal PASSED AND ADOPTED this 10 day of December, 2006 Michael Kretzmer, Chairperson City of El Segundo Planning Commission ATTEST Gary Chicots, Secretary Kretzmer - Frick - Fellhauer - Rotolo - Wagner - APPROVED AS TO FORM Mark D Hensley, City Attorney By Karl H Berger, Assistant City Attorney -6- (ti PLANNING COMMISSION RESOLUTION NO. 2614 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the EI Segundo Municipal Code ( "ESMC"), the applicant agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 ( "Project Conditions ") Zoning Conditions 1 A maximum of 80 persons including patrons and employees are permitted on -site during all hours of operation. 2 A minimum of 34 parking spaces must be maintained on -site 3 Valet parking service must be provided for events for groups in excess of 50 people Shuttle or bus service provided by the museum may be used to supplement or may be substituted for valet parking service for groups in excess of 50 people 4 The museum must contain a maximum building display area for 75 automobiles consistent with the floor plan submitted to the Planning and Budding Safety Department 5 The parking stalls for the vehicles that will be on display inside the museum must be striped as shown on the floor plans 6 Modifications to the floor plan require approval by the Planning and Building Safety Director Significant changes to the size of the areas designated for display area, dining area, the retail area and offices, as determined by the Planning and Budding Safety Director, require review by the Planning Commission 7 The mechanical maintenance of vehicles must be performed indoors and is limited to oil changes, tire installation or repair and other minor mechanical repairs 8 The maximum interior budding floor area dedicated for the mechanical maintenance of vehicles is limited to two vehicles and a final floor plan must be submitted to the satisfaction of the Planning and Budding Safety Director and Fire Chief showing the location of where vehicles will be maintained and all chemicals that will be stored on the premises '19 The sidewalk must be fully restored along the front length of the property and where the two existing driveway entries will be removed in the public right -of -way, as per City's Public Works Department specifications. 10 The new westerly driveway and driveway apron that provides access to the parking area must have a minimum width of 20' -0" The driveway alignment and drive aisle must not intersect the parking stalls. 11 A minimum 5' -0" wide landscaping area must be provided along the western property line adjacent to the sidewalk and public right -of -way in compliance with the landscaping requirements in ESMC §15 -2 -14 12 A public contribution benefit must be paid by the applicant in accordance with the terms of a separate in -lieu agreement, in a form approved by the City Attorney, in an amount equal to the business license fees that would have been paid by a for - profit business that might have occupied the budding for the next ten years and for an additional ten years if the museum remains in the budding after ten years The City Manager is authorized to execute such an agreement on the City's behalf Service Fees 13 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time library services mitigation fee of $0 03 per gross square -foot of budding floor area. 14 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time fire services mitigation fee of $0 14 per gross square -foot of budding floor area 15 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time police services mitigation fee of $0 11 per gross square -foot of budding floor area 16 Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues certificates of occupancy, the applicant must pay the required traffic mitigation fees as calculated in accordance with City Council Resolution No 4443 Public Safety Conditions 17 The applicant must provide security surveillance as recommended by a qualified security expert to the satisfaction of the Police Chief 18 Vehicles must not be parked or staged within the public right -of -way 19 Automotive repair and maintenance must be conducted to prevent contamination of the property by collecting any hazardous wastes and legally disposing of these wastes off -site 20 No runoff from cleaning or maintenance of either vehicles or restaurant must flow into the storm drain system 21 A permit from the El Segundo Fire Department, Environmental Safety Division, is required to allow generation of any hazardous or industrial wastes by the applicant Budding Safety 22. Before building permits are issued, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes with El Segundo amendments 23 Occupancy for dining and entertainment must not exceed the maximum occupant load permitted for indoor and outdoor uses allowed per the adopted California Building Code 24 The placement of vehicles on display within the museum must not block ingress or egress as required by the California Budding Code 25 The applicant must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control, and erosion control 26 The dining area must be separated from the car storage area by one hour fire rated occupancy construction 27 Handicapped accessibility must be provided for all dining and kitchen areas 28 Los Angeles County Health Department approval must be obtained for the dining and kitchen areas 29 Ventilation must be provided in the car museum per the 2001 California Budding Code Chapter 12 requirements Public Works 30 Any encroachment in the public right -of -way must obtain an Encroachment Permit from the Public Works Department 31 Replace existing sidewalk along the front length of the property with 6' -0" wide concrete sidewalk and 6'4' wide landscaped parkway adjacent to the concrete curb In f, t v t31 32 New driveways must be constructed per City Standard Drawing No ST -8 33 Replace all displaced or damaged curb and gutter along the front length of the property per City Standard Plan No ST -9 34 Remove and replace existing asphalt pavement damaged during the development construction 35 Identify all existing utilities (water, sewer, gas, etc ) around the project site Miscellaneous Conditions 36 Stanley M Zimmerman, and his successors in interest, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 661 (EA -661) and Conditional Use Permit No 05 -01 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 661 (EA- 661) and Conditional Use Permit No 05 -01, Stanley M Zimmerman, and his successors in interest, agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Stanley M Zimmerman certifies that he read, understood, and agrees to the Project Conditions listed in this document Stanley M Zimmerman {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company) f67P \Planning & Building Safety \PROJECTS \651 - 675 \EA -661 \2006 12 14 EA-661 PC CUP Reso doc -10- i; 8 2 ORDINANCE NO. _ AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD MUSEUMS AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE, SUBJECT TO THE CONDITIONAL USE PERMIT REQUIREMENTS IN ESMC CHAPTER 23. (EA NO. 661 AND ZTA NO. 06 -03) The City Council of the city of El Segundo does ordain as follows; SECTION 1 The City Council finds and declares as follows A On February 27, 2006, Earl Rubenstein initiated an application for Environmental Assessment No EA -661 and Zone Text Amendment No 06 -03 requesting to amend the EI Segundo Municipal Code (ESMC) §15- 1-6 to add a new definition for "Museum" and to amend ESMC §15 -5D -5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in ESMC Chapter 23 (collectively, the "Project "), 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 in accordance with CEQA for the Project The Initial Study found no substantial evidence that the Project would have a reasonably foreseeable 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 CEQA The negative declaration was circulated for public review and comment between November 24, 2006 and December 13, 2006, E On December 14, 2006 the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application Page 1 of 5 U V J including, without limitation, information submitted by the Planning and Budding Safety Department in the staff report and provided to the Commission by Earl Rubenstein, representing the Automobile Museum Following the public hearing, the Commission considered the evidence and adopted Resolution No 2613 recommending City Council approval of Environmental Assessment No 661 and Zone Text Amendment No 06- 03, F On January 16, 2007, the City Council held a public hearing and considered documentary and verbal testimony including, without limitation, the staff report , and J This Ordinance and its findings are made based upon the testimonial and documentary and evidence presented to the Council at its January 16, 2007 hearing, including without limitation the staff report submitted by the Planning and Safety Department SECTION 2 General Plan Findings, As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the City's General Plan as follows A "Museum" is proposed as a use with the approval of a conditional use permit in the Corporate Office (CO) Zone A museum use, as defined in the Ordinance, is consistent with the intent of the General Plan land use designation "Corporate Office" to permit a mixture of office and food - serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area and research and development uses east of Sepulveda Boulevard B, The Project is consistent with Land Use Element Goals, Objectives and Policies Specifically, the use is consistent with the intent of the Land Use Element Goal LU -4 to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown Additionally, the use is consistent with the intent of Land Use Element Objective LU4-4, Policy LU -4 -1 1 and Policy LU5 -3 1 in that it will provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments, and it will require landscaping, its maintenance, and permanent upkeep on all new commercial developments and it will promote the revitalization and upgrading of areas which contain aesthetic or functional deficiencies in such areas as landscaping, off - street parking and loading areas Page 2 of 5 A-1 -1 C The Project conforms with Circulation Element Policy C3 -2 1 in that it will secure sufficient on -site parking in all new museum development by establishing parking requirements as determined by a parking study D The Protect is consistent with the intent of Economic Development Element Goal ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating a strong, healthy economic community in which all diverse stakeholders may benefit, it will assist in expanding El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and it will help maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals. E The Protect is consistent with the intent of Economic Development Element Goal ED2 in that it helps create a supportive and economically profitable environment as the foundation of a strong local business community SECTION 3 Zone Text Amendment Findings Based on the findings set forth above, this proposed Ordinance will implement the proposed Protect in accordance with ESMC § 15 -26 -3, the City Council finds as follows A "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone is consistent with the intent of the Corporate Office (CO) Zone to allow a mixture of uses complimentary to offices and food serving uses with limited retail uses Accessory uses customarily incidental to and associated with museums including offices, public uses such as libraries, restaurants, cafes, and public and private recreational uses are permitted uses in the Corporate Office (CO) Zone. Accessory uses customarily incidental to and associated with museums that include limited support service retail uses are permitted accessory uses in the Corporate Office (CO) Zone B Museums as a conditionally permitted use in the Corporate Office (CO) Zone will be compatible with other uses and consistent with the intent of the Zone in that the density cannot exceed a maximum 0 B floor area ratio SECTION 4 ESMC § 15 -1 -6 is amended to add the following definition "15 -1 -6: DEFINITIONS: Museum A land use involving the collection, documentation, preservation, exhibition, interpretation and public display of objects of historical, scientific, cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library , multimedia presentation rooms and storage rooms Museums Page 3 of 5 U J may also include accessory uses such as retail sales, restaurants, cafes, recreational uses, and other uses ancillary uses customarily associated with museums " SECTION 5 ESMC § 15 -5D -5 is amended to read as follows "15 -5D -5: USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title A Drive -thru restaurants, except properties located west of Sepulveda Boulevard where drive -thru restaurants are prohibited B Freight forwarding C Helicopter landing facilities subject to the provisions of Section 15 -2 -13 of this Title D Hotels and motels, except properties located west of Sepulveda and east of Aviation Boulevards where hotels and motels are prohibited E Museums. €-F On -site sale and consumption of alcohol at bars F=-G Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding two hundred (200) square feet of floor area. G_H Service stations, if a five hundred foot (500') minimum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard H-1 Video arcades with four (4) or more video or arcade machines 1—J Other similar uses approved by the Development SePAGe-, Plannrng and Budding Safety Director, as provided by Chapter 22 of this Title SECTION 6 Environmental Assessment. This Ordinance was analyzed for its reasonably foreseeable environmental impacts and a Draft Initial Study was prepared pursuant to Public Resources Code §15063 The Initial Study found that this Ordinance will not have a reasonably foreseeable significant effect on the environment A Negative Declaration of Environmental Impacts is approved for this Ordinance pursuant Page 4 of 5 to CEQA Guidelines §15070 Accordingly, based upon the evidence presented to the Council, the City need not prepare an environmental Impact report for the proposed project SECTION 7 Repeal of any provision of the ESMC herein will 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 8 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 9 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 10 This Ordinance will become effective on the thirty -first (31st) day following Its passage and adoption PASSED AND ADOPTED this _ day of 2007 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney Karl H Berger, Assistant City Attorney P 1Plammng & Budding Safety\PROJECTS 1651- 6751EA- 6611PC Mtg 12- 14- 0612006 12 14 EA -661 Museum CC Ordinance doc Page 5 of 5 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 -661 and Zone Text Amendment (ZTA) No 06 -03 BACKGROUND 1. Project Title: "Museum" 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:: Maria Baldenearo, Assistant Planner, (310) 524 -2341 4, Project Location (Subject Site): Properties located within the Corporate Office (CO) Zone 5. Project Sponsor's Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 6. General Plan Designation- Corporate Office 7. Zoning: Corporate Office (CO) 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 the El Segundo Municipal Code (ESMC) §15 -1 -6 to add a new definition for "Museum" as follows "Museum A land use involving the collection, documentation, preservation, exhibition, interpretation and public display of objects of historical, scientific, cultural, or artistic interest for the public benefit A museum may include ancillary offices, a library, multimedia presentation rooms and storage rooms Museums may also include accessory uses such as retail sales, restaurants, cafes, recreational uses, and other uses ancillary uses customarily associated with museums " The proposed project is a Zone Text Amendment to amend the El Segundo Municipal Code (ESMC) §15 -5D -5 to add "Museum" as a conditionally permitted use in the Corporate Office (CO) Zone Conditional Use permits would be considered in accordance with ESMC Chapter 23 The ESMC does not require a specific parking ratio for museums, but will require a parking demand study to determine the adequate parking requirements for a museum use 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The City of El Segundo is located in the Los Angeles urban area and is considered part of the ArporUSouth bay subregion The City of El Segundo is situated between the Los Angeles v�Z, 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 The project affects properties located within the Corporate Office (CO) Zone 10 Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) None vt`�J 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 protect COULD NOT have a significant effect on the environment, and a Aesthetics Hazards & Hazardous Materials Public Services I find that although the proposed project could have a significant effect on the environment, there will Agricultural Resources not be a significant effect in this case because revisions in the project have been made by or agreed Hydrology/Water Quality Recreation Air Quality Land Use /Planning Transportationffraffic Biological Resources Mineral Resources Utilities /Service Systems Cultural Resources Noise Mandatory Findings of Si ndicance all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Geology /Soils that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Population /Housing 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 protect 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 Gary Chicots, Inte Director, Planning and Building Safety Department, City of El Segundo Date U J,U 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 project - 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, and 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 project 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 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact with i Impact Mitigation Incorporated 1. AESTHETICS, Would the protect 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 Zone 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 Zone No impacts would occur and no mitigation is required c) The project is located within an urbanized area The proposed protect that would add a definition for "Museum" and allow museums as a conditionally permitted use within the Corporate Office (CO) Zone would have no significant impact on the existing visual character of the Zone Therefore, no Impact would occur and no mitigation is required d) The protect would not create any new source of substantial light or glare Specific development protects would be reviewed on a case -by -case basis to ensure that no new substantial sources of light and glare would be created Therefore, no significant 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 Zone 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 protect 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 protected 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)? u �- Issues and Supporting Information Potentially Less than 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 "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone Accordingly 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 the Corporate Office (CO) Zone The project as a whole will not conflict or obstruct implementation of the Air Quality Management Plan (AQMP) Therefore, no significant 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 PMio standards The proposed definition for "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone The proposed project also involves adding "Museum" to the list of uses permitted with approval of a conditional use permit within the Corporate Office Zone Mobile and stationary source emissions would be similar to the uses that are already allowed within the Corporate Office Zone and would not result in a cumulatively considerable net increase of criteria pollutants for which the project region has non - attainment status Therefore, no significant 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 definition for "Museum" is similar to a library, post office, private and public recreational facilities, or other uses open to the public already permitted in the Zone The proposed project also involves adding "Museum" to the list of uses permitted with approval of a conditional use permit within the Corporate Office Zone The project would not expose sensitive receptors to substantial pollutant concentrations Therefore, no significant impact would occur and no mitigation is required e) The future application of the proposed "Museum" use is similar to other public uses currently permitted in the Zone This use would not create objectionable odors However, any odors would be minimized through the permitting processes for the use Therefore, no significant 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? V }.I Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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 Corporate Office Zone is located within an urbanized area There are no known candidate sensitive or special status species within the Corporate Office Zone Therefore, the protect 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 Corporate Office Zone is located within an urbanized area There are no riparian habitats or other sensitive natural communities within the Corporate Office Zone 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 Corporate Office Zone is located within an urbanized area There are no federally protected wetlands in the Corporate Office Zone 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 Corporate Office Zone is located within an urbanized area surrounded by other urban uses No known resident or migratory fish or wildlife corridors or sites exist within the Corporate Office Zone 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 Zone li Therefore, no impact would occur and no mitigation is required f) The subject Zone 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 59 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 out of formal X cemeteries? a) No known historical resources are located within the affected Zone for the proposed use Therefore, no impact would lil occur and no mitigation is required b) The affected Zone is located within an urbanized area There are no known archaeological resources as defined in Public Resources Code Section 15064 5 within the affected Zone Therefore, no impact would occur and no mitigation is required III c) The affected Zone is located within an urbanized area No paleontological resources, sites or unique geologic features are known to exist with the affected Zone Therefore, no mitigation is required d The affected Zone is located within an urbanized area No human remains, burial sites, or cemeteries are known to L�j� Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated exist within the affected Zone or in the surrounding area Therefore, no impact would occur and no mitigation is required 6. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving (i) 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 (w) 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 sod that is unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive sod, as defined in Table 18 -a -13 of the Uniform X Budding 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? v:�J Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated a) (I) The proposed project defines "Museum" and would allow such use only with a conditional use permit within the Corporate Office (CO) Zone The City is located within the seismically active Southern California region As with any development, site occupants for individual development projects 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 Algwst -Pnolo Earthquake Fault Zones in the City of El Segundo' Risk of surface rupture faulting is therefore minimal The potential impact is less than significant and no mitigation is required (it) The City is located in the seismically active Southern California region and therefore could be subject to strong ground shaking in the event of an earthquake 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 (uQ The Corporate Office (CO) Zone area of the Ctt� is not considered to be an area of high risk for liquefaction or in areas subject to earthquake induced landslides Therefore, no impact would occur and no mitigation is required (iv) The affected Corporate Office (CO) Zone is not considered to be an area subject to landslides The potential for landslides would be assessed on a case -by -case basis as a part of the environmental review for individual development projects No impact would occur and no mitigation is required b) The affected Corporate Office (CO) Zone is located within an urbanized area As there is no specific development correlated with this project 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 j required c) The affected Zone is located within an urbanized area The proposed project, which defines "Museum" and allows museum uses only with a conditional use permit in the Corporate Office (CO) Zone, does not involve 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 that include design and construction standards to protect buildings from collapse and seismic impacts No mitigation is required d) The affected Zone is located within an urbanized area The proposed project would not result in or expose people to potential impacts involving expansive soils However, all new development must comply with California Building Code regulations which establish budding requirements for construction in expansive sods No mitigation is required e) The affected Zone is 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 routine transport, use or disposal of hazardous materials X 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? ' California, 'Table 5 Cities and Counties Affected by Alquist -Paolo Earthquake Fault Zones as of May 1, 1999" 13 Feb 2006 <consry ca govCGSRGHM /ap /affected htm> 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> VJ(i Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation incorporated 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 protect 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 midland fires, Including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands? a) The proposed project adds and defines "Museum" and allows such use only with a conditional use permit within the Corporate Office (CO) Zone This proposed use Is similar to the uses (library, post office, and uses open to the public) already permitted in the Corporate Office (CO) Zone This protect will not create nor increase such hazards Museums use common chemicals and solutions used to cleanse and sanitize These chemicals are similar to household chemicals and are often stared in small quantities Therefore, no significant Impact would occur b) The protect 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 ti r Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated c) "Museum" uses do not 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 Therefore, no Impact would occur and no mitigation is required d) The proposed project affects the Corporate Office (CO) Zone in which specific sites may be adjacent to hazardous materials sites or Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 Each proposed project which Includes the "museum' use within the Corporate Office (CO) Zone, would be assessed on a case -by -case basis to determine if they are located on a hazardous materials site and if the development would create a significant hazard No impact would occur from defining "Museum" and allowing the use with a conditional use permit Therefore, no mitigation is required e) Some of the areas within the affected Corporate Office (CO) Zone are located within 2 miles of the Los Angeles International Airport (LAX) The proximate 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 Corporate Office (CO) Zone The impact would be 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 Zone is 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 granted)? 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 floodplam, 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? Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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? j) Inundation by seiche, tsunami, or mudflow? X 12 t j� I eSs thae BtBntficant poten4�alh` SOT"fuant hnpact gignificanr With imPacS �¢ }ganon hico oeated YnidtIIlailOn °and ortin ncorporatin9 SuP[r releGts + occur and sues menu Spe°Ific p act would utre line discharge req t8gulation s No standards or west waste discharge already water quality ualdy and eums are sirr liar to the uses with all water q tion rates as such �t will not violate anYcomply area, Mus water consume t© es, and Public a) the museum are required urbanized Imdar required within an ated to haves ales, restaurants, cat as acceSSarY no mitigation +s zone is located and anticipated retails Zone lies or Corporate Office tC0) CO) Zone an s 0tfices, fi�orporate Office hange m ground u�tg� vol Pme ar a b) The affect wi h�nphe Corporats�Ovfe °ancillary aireadych a in the no t deficit +n aq permitted n useum5 es ailowee afore, st9nifican e a net re u5 Th there wculd p uses addition, 1 uses that a tton tats such that MU urn use in this Zone uses recreations e water con sue is ant+ciPatd uired ubstantlal and private not increase recharg No mitigation is req Apowing a Auld result rn wither w th uses would star tied area r that w iany, ante with groundw ater table level urban n a marine a drainage and comply i interfer, roundw located within an patterns roved PMpS) h lowering °f the local g zone i5 dratnag useum use rrie ti practices ( SMP)) T aretore no Corporate Office (CO) not alter existing affected COMP it would ncorpo[ NPDPS) Pest Mwater Mitigskio Plans (sU c -d) The a conditional use any p °pmpabontsystem to Urban Storm 0r planned storm with However, Standard erosion 1 Pollutant Discharge standards tog capacity of exipfoyk cued d the caP ts�p )riantle plans a 1, must p m ore, twiooauahty regulabons�O mtttgatlon i5 req Nhich would exeee Therefore, water q °rating the museum merit PPlanis (SUSMP)) water, Impact would occur and protect moor pE9? Pest M Nlitigatwn or contnbany proposed stem tNP Stormwater Zone act Wilk not treat However, a Pliminabon System Urban e) The pro! stems nt Dlschar9 stand m use in d Bards (e g museu any Prop ose water drainage systems Stan utrell Ailawr the However to Nah lIty regulations and 15 req uallty ndsfds 0 a adhere +ti anon urbanized area star q ischarge i e with water quality occur and no m g within an u radatron in w pollutant D standards it impact would o s located aU uali y reguiahon5 and mitigation is ffice (CO) Zone foreseeable d adhefe to N drainage pluomplY with water act would occur and na Oorporate O uld not t awdenY dui° must P MPS) and no line The at Goted museum Therefore, Office (CO) a sanddtanal use perm with r °raring the ement Practices (gUSMP)) the affected Corpodrnto mitigation Is Best Manag anon Plans crotect inNPDPe) Mitig System (Urban Stormwater The nt In ao Iilonct would occur an Standard a any residents aaea 3 -T refore, no imp h the Corporate requjfed act does net includ flood haze ve in 9' osed Prof 1D0-Year As stated abo h) Thep CO) Zone no impactwould occur g. prop located within a Office ( e � f Zone subject corpora thazard area Therefore, 0r tdvS In site by S olf,' tsuna a is required r near the within a flood ocean t a disrt or dams in o rotect is not dation of that to the Pacific subtecGSte levees this p plan, +nun the elevators of the City are t) There are nozone affected by Genera Zone is the zone closes o M of the site, as °rtions of the " ice (CO) Se cc i P at' z ne off safety eke C 2) to "Pact the Plan, to the Public hood Comm m 5are not thelal Segundo City are w thin the !) According The Neighbor Most ns of the feet east Most tsuna °rt eQuitad unlikely pVe sea level Ac0ordin9 coastal P highly ately A,pp0 ezard areas, but thomtttgatlon is approx+r 127 feet ab act and n approximate! the state as tsunami ficant ImP identMed b there is a less than Sig X Therefore, PLANNtNr' W°Uld the pima D U5 - AND munity? 9. LAN estabushad coin )a PhYsically divide an Segundo General Plan 1992, Public See Y �!+ merit 13 EI _ „n to General Plan public iftJ Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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 only involves defining a new use (Museum) and allowing Museums with a conditional use permit within a commercial Zone in the City The affected commercial zone is in an urbanized area surrounded by other commercial and industrial uses 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 Museums with a conditional use permit would be consistent with the purpose of the Corporate Office (CO) Zone to allow commercial uses as established by El Segundo Municipal Code g 15 -5D -5 The project is consistent with development standards of the affected Zone and would not increase density Therefore, no impact would occur c) The affected Zone is 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 (ocally - 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 the Corporate Office (CO) Zone in which specific sites may contain mineral resources that are of value to the region and the residents of the state However no specific sites within that Zone are known The known oil resources are located on sites within the Light Industrial (M -1) Zone and the Heavy Industrial (M -2) Zone At the time specific development projects are proposed within the Corporate Office (CO) Zone 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 the project vicinity above levels existing without the project? X 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 use airport, would the project expose people residing or working In the :1 X project area to excessive noise levels? 14 16 i Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive X noise levels'? a -b) The affected Corporate Office (CO) Zone is located within an urbanized area The proposed project adds and defines "Museum" and would allow such use with the approval of a conditional use permit within the Corporate Office (CO) Zone Museums are 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 In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase exposure of persons to noise or vibration in excess of standards established within the El Segundo General Plan and Municipal Code The affected zone is located within the 60 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 significant impact would occur and no mitigation is required c-d) The affected Corporate Office (CO) Zone is located within an urbanized area The proposed "Museum" use requires a conditional use permit in the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not have operational characteristics that are expected to generate noise levels that would result in a substantial permanent or periodic increase in ambient noise levels "Museum" as defined does not have operational characteristics that are 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 projects 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 Corporate Office (CO) Zone begins within one mile from the Los Angeles International Airport (LAX) (See 11a above) f) The project 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 defines "Museum" and would allow such use with a conditional use permit within the Corporate Office (CO) Zone 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 are no residential uses located within the affected Corporate Office (CO) Zone Therefore, no impact would occur and no mitigation is required 15 i �l Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Inco orated 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 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 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 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 a, 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)? 16 �U� Issues and Supporting Information Potentially Less than Less Than Significant Significant Significant Impact With Impact Mitigation a) The proposed project is a Zone Text Amendment to define "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the trip generation rates above those already anticipated Based on the land use categories established in the Institute of Transportation Engineers, Trig Generation Manual, 7" Edition, "Museums" are most similar to the institutional land use category of a library (code 590) The vehicle trips that would be anticipated for a museum during the weekday pm peak hour of adjacent street traffic for one hour between 4 pm and 6pm is 4 75 trips per 1,000 square feet The use is consistent with the trip generation rates for uses already allowed within the affected zone As evaluated in the Circulation Element of the General Plan, the roadways and intersections adjacent to the Corporate Office (CO) Zone currently operate at all levels of service (LOS), including LOS E and LOS F The anticipated trip generation rates for museums would not cause a significant increase in relation to the existing traffic load and capacity of the street system The individual and cumulative effect of new development of museums would be determined on a case -by -case basis 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 "Museum" and to allow museums uses with a conditional use permit within the Corporate Office (CO) Zone In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the number of vehicle trips above other uses already allowed in the Corporate Office (CO) Zone The proposed use and the number of vehicle trips the proposed use would generate would be similar to other uses already allowed in the Corporate Office (CO) Zone 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 museums are 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 proposed use is consistent with other commercial, recreational, public facilities, and institutional designations currently permitted in the Zone Therefore, no impacts would occur and no mitigation is required e) The proposed project is a Zone Text Amendment to define "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone 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 I) The proposed project is a Zone Text Amendment to define "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone The parking demand for a museum varies over the course of a day In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone The ESMC does not require a specific parking ratio for museums, but will require a parking demand study instead to determine the adequate parking requirements for the use Furthermore, the ESMC requires that when there is a mix of land uses on the same property that the individual parking ratio requirements for each land use type be applied to that portion of the building area Therefore, the project would not result in an inadequate parking capacity to support the use 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 adds a new definition for "Museum" uses and allows museum uses with a conditional use permit within the Corporate Office (CO) Zone, no impacts would occur Therefore, no mitigation is required 17 �U`t Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 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 protect determined that it has adequate X capacity to serve the project's protected 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 Corporate Office (CO) Zone is located within an urbanized area Wastewater generated by "Museum" uses are similar to other commercial, recreational and office uses in the Corporate Office (CO) Zone for which no pre- treatment is required and wastewater is treated by standard (primary, secondary and tertiary) treatment processes In addition, museums have ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the wastewater treatment requirements beyond what is anticipated for those other uses already allowed in the Corporate Office (CO) Zone This project would not result in any reasonably foreseeable deviation In wastewater treatment requirements Any proposed development incorporating a museum use 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 Corporate Office (CO) Zone is located within an urbanized area This project would not result in the need to construct new water or wastewater treatment facilities or expand existing facilities Therefore, no impact would occur and no mitigation is required c) The affected Corporate Office (CO) Zone is located within an urbanized area This project 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 Corporate Office (CO) Zone is located within an urbanized area This project 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 e) See 16b above f) The affected Corporate Office (CO) Zone is located within an urbanized area The proposed project would add a new definition for a "Museum" and to allow museum uses with a conditional use permit within the Corporate Office (CO) Zone, but would not increase solid waste disposal needs Any new projects incorporating a museum would be in -fill development in an area with uses demanding similar solid waste disposal needs In addition, museums have 18 lUJ Issues and Supporting Information Potentially Significant Less than Significant Less Than Significant No Impact Impact With Impact Mitigation Incorporated ancillary uses such as offices, libraries, retail sales, restaurants, cafes, and public and private recreational uses that are uses already allowed in the Corporate Office Zone and therefore as accessory uses would not increase the solid waste disposal needs beyond what is anticipated for those other uses already allowed in the Corporate Office (CO) Zone 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 project adds and defines "Museum" and permits such use with a conditional use permit within the Corporate Office (CO) Zone The affected Corporate Office (CO) Zone is located within an urbanized area Since the land use is similar in nature to those that are already permitted within this existing commercial zone 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, current projects, or foreseeable future projects, since this project establishes a new commercial use similar to existing uses in the affected Corporate Office (CO) Zone 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 mimmis (i a 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 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Source List 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 2006 < http / /gmw consry ca gov /shmp /download /pdf /ozn_vent pdf> California, "Table 5 Cities and Counties Affected by Alquist -Paolo Earthquake Fault Zones as of May 1, 1999" 13 Feb 2006 <http / /www consry ca govCGSRGHM /ap /affected htm> City of El Segundo Municipal 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) Department of Toxic Substances Control (DTSC's) Hazardous Waste and Substances Site List (Cortese List) Institute of Transportation Engineers, Trip Generation Manual, 7 I Edition P \Planning & Building Safety \PROJECTS1651 - 675 \EA - 661\2006 11 09 EA -661 Museum Initial Study Checklist doc 1 l/ 20 Radsystems International, Inc 24380 Country Road Moreno Valley, CA 92557 -1403 Phone (951) 247 -5595 Fax (951) 247 -0697 www radsystems -roc com November 13, 2006 Rubenstein & Terrell Architects 10801 National Boulevard Suite 570 Los Angeles, CA 90064 Subject AUTO MUSEUM PARKING STUDY Dear Mr. Rubenstein: pECrD, -- , NOV 151006 PLANNING Uiki�lc &A Transmitted herewith is the updated parking study for the proposed Automobile Driving Museum at 610 Lairport Street in El Segundo. This update responds to comments made by the City's contract Traffic Engineer in a memorandum dated June 7, 2006. Executive Summary The City of El Segundo does not have a municipal parking code requirement for automobile museum uses therefore they have required a special parking study be prepared to document anticipated parking demand. The museum is called an automobile driving museum. This means that the vehicles in the museum are taken out and driven once each month to keep them in good condition. At no time are visitors allowed to drive the museum vehicles. Museum docents are charged with driving the vehicles and only certain vehicles can be driven my any particular docent. This is determined by their qualifications to drive a particular vehicle. The museum will continue to operate in the same manner as it does at its existing facility The facility will be open to the general public on Sundays from 10:00 AM to 4:00 PM. Automobile museums do not generate a significant volume of visitors and therefore have a very low parking demand. Special events, such as birthday parties or other private gatherings are held occasionally on Saturdays. During a "special event" the museum is closed to the general public and only those invited guests will be present along with some docents and perhaps members of a catering staff Based on our analysis, we feel confident that 12 on -site parking spaces will be adequate to accommodate typical parking demand of the proposed automobile museum 10 V Automobile Driving Museum Parking Study Page 2 of 4 Methodology The following methodology was utilized in the preparation of this study • The City of El Segundo planning staff was contacted to determine the City's requirements for the parking study • Met with the client to review the proposed museum uses and operational characteristics. • A two -day parking study was conducted at the existing auto museum located at 2134 Pontius Avenue in Los Angeles. • Developed existing parking demand ratios for visitors and docents based on the existing museum use. • Developed anticipated parking demand ratios based on the proposed uses for the new facility and forecast peak parking demand. Parking Survey The generally accepted means to determine the parking needs of a particular land use is to count existing parking demand at a similar use. Fortunately, the proposed El Segundo automobile museum is a relocation of an existing facility Therefore, we were able to perform parking counts at the existing facility Parking counts were collected at the existing automobile museum located at 2134 Pontius Avenue in Los Angeles on Sunday March 6th and March 13th of this year. The results of those surveys are presented in Table As shown in Table 1, parking demand for the automobile museum is very low. At its busiest time, 3.00 PM on Sunday March 13th, the peak parking demand was 6 spaces Three of the spaces were occupied by docents and there were 3 visitor vehicles in the parking lot. Calculation of a parking ratio is determined by dividing the number of parked vehicles by the building square footage (divided by 1,000) which yields a peak parking demand of 0 60 spaces per 1,000 gross square feet of building. The calculated demand for visitors is 0.30 spaces per 1,000 gross square feet of building. �U� Automobile Driving Museum Parking Study Page 3 of 4 Table 1 Parking Survey Existing 10,000 SF Museum ` ^ Flu s ir 1 t Sunday, ; it March 1. 11 ' i • © ©� / ' / • 11 � ©� 1 � 1 Sunday, March 13, 11 OOAM 3 11 4, 1 • 1 11 • on 1 ©® 1 1 • 11 �© 1 1 The museum maintains a guest log of everyone who visits the facility. A review of historical attendance records indicated that the maximum attendance on a Sunday was 15 visitors spread out over the course of the day. This historical data is consistent with the observations of our on -site parking survey. A larger museum facility does not necessarily mean a larger number of visitors will be attracted to the museum The increase in size simply means that more vehicles can be displayed on the showroom floor. The City's contract Traffic Engineer presented an argument that a larger facility would result in a higher parking demand. Therefore this analysis has calculated a worst case scenario of what the parking demand could be if the parking ratios identified in the study of the existing operation were applied to the new larger facility. Automobile Driving Museum Parking Study Page 4 of 4 The parking study at the existing museum facility indicates a maximum occupancy of 6 people which consisted of an equal number of docents and visitors (3 docents and 3 visitors). The observed peak visitor demand calculated to 0.30 parking spaces per 1,000 square feet. Museum management has indicated that a maximum of four (4) docents would be present at the new facility. Table 2 presents an anticipated peak parking demand if we were to assume that the larger facility will result in a higher number of visitors. Table 2 Peak Anticipated Demand Proposed 26,954 SF Museum Based on this analysis we can assume that the peak demand for the proposed museum could be on the order of 12 vehicles (4 docent spaces and 8 visitor spaces). It was our pleasure to prepare this parking analysts for the proposed automobile museum in El Segundo. Should you have any questions, please do not hesitate to call me directly at (951) 247 -5595. Sincerely, r/ Stephen D. Hilton Traffic and Transportation Planning s.11 CITY OF EL SEGUNDO INTEROFFICE MEMORANDUM TO: MARIA BALDENEGRO, PLANNING FROM: RICHARD GARLAND, CONTRACT TRAFFIC ENGINEER SUBJECT: PARKING STUDY FOR AUTOMOBILE MUSEUM 610 LAIRPORT ST - EA NO 661 & CUP NO 05 -1 DATE: DECEMBER 4. 2006 I have reviewed the revised Auto Museum Parking Study prepared for Rubenstein & Terrell Architects by Radsystems International (November 13, 2006) and submit the following comments • I concur with the findings of the parking analysis, which indicates that the parking requirement for the new museum would be 12 spaces. • The study indicates that the existing auto museum located on Pontius Avenue in Los Angeles has a peak parking demand of 6 vehicles, which is comprised of 3 docents' (employees) and 3 visitors' vehicles As the new museum would have a maximum of 4 docents and up to 8 visitors' vehicles (based on the proportional increase in floor area), the total parking demand would be 12 vehicles • The project should be conditioned to identify the location of the parking lot or lots that would be used to accommodate the parking demand during special events when the attendance demand would exceed the capacity of the proposed 12 -space parking lot i t� COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT APPLICATION FOR A CONDITIONAL USE PERMIT C.U.P. No. EA-1;61' Cue OS— (Check One) Owner Lessee Agent Property Owner 350 Main Street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -4167 Date: ) la710 Gr 01 82' �T6lhf -�.tyY 7tu.Gwtc iZwty� t ci,61 t¢1 - t9+- ,Zu�ccJ �.� 3u9 -- ���5^— J''�y32 'x7$Z Name Address Phone Property Situated at (Exact legal description necessary) General Location,,' j LAQ, R9t1 T between M6� -ei.G A, FQSr34- dress and Street, Avenue Street, Avenue Existing Zoning- L 0 Request: Under the provisions of Title 15, Chapter 23-4 of the Municipal Code, application for consideration of a Describe in detail the entire proposed project (type of construction, materials to be use, uses involved, i e , bank, general office, industrial, restaurant, etc ) buildings and other equipment necessary to the project, f4t4 8Kt5T6 �i- �r/ /27,cruu aaS p� eGb hoar —, ua vs - f 5?aR� 'W'Woxx ILCS Yoi� f P . 'P3 '7� �r T .J'"- (—Z �m ©s �14-atJ ,�+5 �i„a.a i>rJcca+N Y'r• +sri* -%4 \�UkLzla) l-icaD +?PPN°x +'Va— cv4' to a= vi l�f`TtcE vmr.r+r�tii�rl Aa-.— Y7114G R. =,nt0Pr 2 Describe the existing development on the site Include square footages and uses of each building on the site t'�00MO 24ro �5�k6 saw :},EOK iS 2�t+v4+Jt �wiQto ✓� t- pv.La(" Ue (i4LAPE), JAN 2 7 2005 EA -661, CUP 05 -1 i j Explain in detail why this particular site Is especially suited for the proposed development .. -54-rz 1� f-•%,' ,4 14-L 111 F"nc 1Ce'MAU J6. z o fi�6.tE�J i-4/L� ` cat` 2'Jr 400 'o ✓4R— 4 Describe how the proposed project relates to the development of adjacent properties and the Immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood �a a"� �,—u— i3c t`�6rti.4✓» rA-� �i,'7- x.."37- a4��•. C�' C 1Fi4TL''JR..1 ��k.� V`i i° -'"A L"F aSJ'rV �o F•4 Led CS � ^V "� nN SJNUv� �S 10 0VA -M + fat, 'C(n„e C&L — UY"LL. Fic tic; 1u- 1(�4nEiir Er4iTG f>4+rt..-0rAl(i! r . T L. 1 w ttAa vast • — Provide an estimate of the total cost of materials and �ut1AT t}Q btu t US i0 G z3� C'2 r construction of the proposed project OWNER'S AFFIDAVIT I, We STa-#J "s-I M- "r M04OF'a ► rn.J being duly swom depose and say that Me am the OWNER of the property Involved in this application and that Me have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparAig and filing this application and that the foregoing statements herein contained and the information on documents and all pifigis attached hereto are in all respects true and correct to the best of my /our knowledge and belief Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss On this 18th day of January 2005 before me, the undersigned Notary Public in and for said County and State, personally appeared Stanley M. Zimmerman known to me to be the person whose name Stanley M. Zimmerman subscribe to the within instrument, and acknowledged to me that he /she executed the same WITNESS my hand and official seal ff. '" Kl. Commission # 1452163 C Notary Public - Colitornla Los Angeles County Nota ublic in and for isaid County AGENT AUTHORIZATION ID!, rr�� np �n rr �� FLSU V ���`1 I hereby authonze��+2��-�s.�io act for me /us in all matters relevant to this apple I understand th is person will be the exclusive contact on the protect and will be sent all information and correspo r 2 7 2005 L ftUft and Bud*19 Sates DeuL EA -661, CUP 05 -1 t y MIT I, We 1aLJ,t_. ��Sizl� being duly sworn depose and say that Me am the AGENT of the property involved in this application and that I /we have familiarized If (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and fling this applic n and Ira he foregoing statements herein contained and the information on documents and all plans, attach eret in all respect true and correct to the best of my/our knowledge and belief 40 w y2;i , 200-S ture Date STATE OF CALIFORNIA, ) County of Los Angeles )ss On this 7�t day of �J "YvUl OAl 20 0 , before me, the undersigned Notary Public in and for said County and State, personally appeared FLt/y l ,e Yyanc� Ike ns{ft ✓i known to me to be the person w ose name N P-0 (2u8 gkp STFi J subscribe to the within instrument, and acknowledged to me that rShe executed the sa WITNESS my handanaLComm p,TM N NokifY Public . CgWwft 44) A Los Angeles CoWy Notary blic in for said County and State MV Comm. bolt ad 5.2 Procedures for filing application 1 File application properly completed in the office of the Planning Division Signature of the owner, owners, lessee, and /or agent shall be notarized before a Notary Public 2 Applicant shall provide all information, drawings and other materials as requested by the PI inning Division 3 Pay filing fee 4 Applicant and affected property owners will be noted of time of hearing 5 Applicant must be present at the hearing and may offer additional evidence to support his /her request 6 There shall be an additional fee for filing an appeal Planning Staff Date received I/J -1)00 Signature 2 d' CUP APP EA W c.u.P 0S- JAN 2 7 2005 Planning and Building safety Dm EA -661, CUP 05 -1 - 11•IIgCl�IrlµlY "�1vG JUL. 6.2004 3 :13PM 7688578 LEE ASSOC EXHIBIT "ONE" "..14- 1 .. AUL 01 Order No. 19314723 - C That portion of that certain 68.970 acre parcel No 2, in the City of Ei Segundo, County of Los Angeles, State of California, as shown on Record of Survey map filed in Book 66 Page 5 of Record of Surveys, Records of Said County, being a portion of the North One -half of Section 7 Township 3 South Range 14 West, San Bernardino Meridian, In the Rancho Sausal Redondo, described as follows; Beginning at the intersection of the east line of the land described in the Deed recorded July 13, 1953 as Instrument no. 1862 of Official Records of Said County, with a line which is parallel with and distant 635.60 feet southerly, at right angles, from the northerly line of said Parcel 2; Thence North 89 ° 59'20" East along last mentioned parallel line, a distance of 200 feet to a point in a line which Is parallel with and distant westerly 30,00 feet, at right angles, from the southerly prolongation of the westerly line of that certain 5.00 acre parcel of land described In the Deed recorded November 7, 1952 as Instrument no. 1098 of Official Records of Said County; Thence South 00 000'20" East along last mentioned parallel line 235 60 feet to a point in a line which is parallel with and distant southerly 871.20 feet, it right angles, from the north line of said Parcel N. 2, Thence South 89 °59'20" West along last said parallel line 200.00 feet to a point In the east line of sold Deed; Thence North 00 000120" West 235.60 -feet to the Point of Beginning. Except all natural gas contained In or under or that may be produced from sold land, together with the exclusive right to drill for and produce such natural gas from said land by whipstocking or directional drilling or other subsurface operations conducted from surface locations on other land, and the exclusive right to use the subsurface of said for the purpose of injecting natural gas therein for storage and for reprossunng the formations underlying said land but without the right of surface entry in any manner for the purpose of discovering or extracting such natural gas as set out In the Deed recorded in Book 20145 Page 298 of Official Records of Said County. Also except ail oil, hydrocarbon and mineral substances, If any, except natural gas, contained in or under or that may be produced from said land, together with all those certain rights asset out In the Dead recorded in Book 20145 Page 298 of Official Records of Said County, but without the right of surface entry for the purpose of extracting any such oil, hydrocarbon and mineral substances nor for any other purposes as serf out in the Deed recorded in Book 22243 Page 338 of Official Records of Said County, Assessor's Parcel No; 4138-01 "06 EA -661, CUP 05 -1 9 llu AUTOMOBILE DRIVING MUSEUM 2134 Pontius Ave Los Angeles, California, 90025 November 8, 2004 James Hansen, Director Community, Economic and Development City of El Segundo 350 Main Street El Segundo, California, 90245 Dear Mr Hansen The Automobile Driving Museum is a public benefit corporation classified as 501(c)(3) by the Internal Revenue Service and the California Franchise Tax Board Copies of the approval letters from the IRS and Franchise Tax Board are enclosed The mission of the Automobile Driving Museum is to encourage the preservation and knowledge about special interest, antique and classic automobiles through "hands on" experience of sitting in the automobiles and being exposed to all aspects of specific special interest vehicles, and providing a venue for exchange of information about older automobiles A technical database of automobile history and repair as well as general automotive material is provided within the museum for reference only when open The museum is in a temporary location in Los Angeles and intends to relocate to the South Bay m 2005 The choice of future location is 610 Lairport, El Segundo, which building is being offered free to the museum by some of the museum sponsors, instead of certain alternate locations which have been suggested The Automobile Driving Museum is open to the public only on Sundays for about 7 hours per week On any particular Sunday the attendance is scheduled to be less than 50 persons arriving in about 15 cars Admission and the ndes are free and without any charges By appointment groups of less than 50 persons may schedule a museum visit at other times The museum is available without charge to automobile clubs for occasional membership meetings It is estimated that in any particular month the museum will be open less than 10 days, only on weekends and evenings, with a maximum attendance of 50 persons and 15 cars at each event Volunteers and staff during the times the museum is open will be less than 10 persons in about 10 cars Once or twice a year with special permits larger events will be planned t1i Page 2 City of El Segundo November 8, 2004 The museum has a public library for automobile research which is available to automotive historians and restorers by appointment daily The building will have five offices for volunteer staff and sponsors The museum gift shop and volunteers lounge and kitchen are for visitors, volunteers and staff only It is anticipated that the weekday personnel and library visitors will be about 5 persons and 5 cars Demonstrations of automobile servicing and restoration will only be for public education and no actual restoration or automobile repair will be performed on the premises Classic and special interest automobiles in the museum will have minor adjustments made in place in order to assure that the vehicles are available for special events Minor adjustments include battery charges, starting of vehicles, checking and adjusting brakes and other safety equipment verification The museum operates an automobile repair and restoration facility at 5126 W Venice Boulevard, Los Angeles Automobiles requiring repairs will be removed from El Segundo to the Los Angeles facility when major systems are to be repaired or restored No other public automobile museum is presently located in the South Bay and we believe that the City of El Segundo will benefit by having a weekend tourist attraction within its city We anticipate that an early determination allowing us to relocate the Automobile Driving Museum to 610 Lairport will be forthcoming. Very truly yours, AUTOMOBILE DRIVING MUSEUM Earl Rubenstein, aqdO Is / Enclo sures / �ls AUTOMOBILE DRIVING MUSEUM CARS LIST PACKARDS: 1 1946 PACKARD CLIPPER 2 1942 PACKARD HENNEY AMB 3 1936 PACKARD 7 PASS PHAETON 1201 4 1936 PACKARD V -12 CONV SEDAN 1408 5 1947 PACKARD SUPPER CLIPPER 2 DR SEDAN 6 1936 PACKARD STD 8 ROADSTER 1401 7 1935 PACKARD STD 8 FORMAL SEDAN 1201 8 1937 PACKARD V -12 CONV SEDAN 1508 9 1951 PACKARD SEDAN POLICE CAR 10 1929 PACKARD 733 7 PASS PHAETON 11 12 1940 PACKARD DARRIN VICTORIA CONV 13 1941 PACKARD 110 CONV CPE *N A- 14 1932 PACKARD 900 CPE W/ RUMBLE SEAT *N A- 15 1955 PACKARD CARRIBBEAN CONV (HOWARD HUGHES CAR) 16 1956 PACKARD SUPER CLIPPER HDTP 17 1955 PACKARD 400 HDTP * N A STUDEBAKERS: 1 1928 STUDEBAKER COMMANDER SEDAN 2 1932 STUDEBAKER COMMANDER SEDAN 3 1948 STUDEBAKER STARLITE CPE 4 1965 STUDEBAKER DAYTONA WAGON 5 1963 STUDEBAKER AVANTI GENERAL MOTORS: 1 1941 CADILLAC CONV CPE 2 1959 CADILLAC CONV *N A 3 1956 CHEVROLET NOMAD WAGON 4 1970 BUICK SKYLARK CONV 5 1951 BUICK SEDENATTE FORD CO.: 1 1929 AA FORD DEPO -HACK 2 1929 FORD DUCE RDSTR DRAGSTER 3 1971 FORD MUSTANG CONV 4 1965 FORD MUSTANG FAST BACK CPE 6 CLY 5 1957 FORD THUNDERBIRD 6 1941 LINCOLN CONT CPE 7 1957 LINCOLN PREMIER CONV 8 1931 MODEL "A" ROADSTER 9 1961 THUNDERBIRD HT 10 1968 THUNDERBIRD SEDAN 11 1936 V -12 LINCOLN TOWN CAR, BRUNN BODIED EA -661; CUP 05 -1 2�� PAGE 2 CHRYSLER CORP: 1 1935 CHRYSLER AIRFLOW C2 SEDAN 2 1941 DODGE COMMAND CAR 3 1941 PLYMOUTH SPL DELUX SEDAN 4 1947 CHRYSLER WINDSOR CONV CPE 5 1970 DODGE CHALLENGER CPE 6 1970 PLYMOUTH ROADRUNNER 7 1970 PLYMOUTH ROADRUNNER 8 1932 PLYMOUTH, BREWSTER BODIED TOWNCAR OTHERS 1 1949 FRAZER CONV SEDAN FOREIGN MAKES: 1 1952 MG TD 2 1955 MORGAN +4 3, 1959 AUSTIN HEALEY RDSTR 4. 1968 AUSTIN HEALEY RDSTR 5 1958 MG -B RDSTR 6 1975 JAGUAR XJ12 COUPE 7 1975 SUBBEAM, TIGER EA -661: CUP 05 -1 COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -4167 APPLICATION FOR A ZONE TEXT AMENDMENT PROJECT N07tA 06-43 r--A- (a (P] j Ur 05 -0 ! j 04 06 -1 Date"i! '2Y-v� The Applicant. � fZ y t�yi�a�iJST�.1 � Name (Check One Owner _ Lessee Agent i-,,_ Owner Name Property Situated at (Exact legal description Provide attachment Phone Phone 5 t 3 Z. General Location 1 between MA -t nos Address d Street, Avenue Street, Avenue Existing Zoning Request Under the provisions of Title 15, Chapter 26 of the Municipal Code, application for consideration of a Zone Text Amendment for the above described property. 1 Does public necessity require the proposed amendment? Describe the nature of the proposed amendment, including the section(s) of the Municipal Code to be amended &T ,c��� 2 Would the changes proposed by the amendment be detrimental in any way to the surrounding property}? (Explain reasons supporting your answers E (' E {J (} 4S 45: J7 v PLANNING DIVISION ANSWERS TO QUESTIONS ONE AND TWO QUESTION ONE "PUBLIC NECESSITY" The public will benefited by a clarification of the CO zone Section D "Recreational Facilities (public and private)" to be more specific that Section D includes museums "D Recreational facilities (public and private and museums) QUESTION TWO- "DETRIMENTAL TO SURROUNDING PROPERTY" The changes to the zone will be beneficial and not detrimental to the existing and surrounding area The present use of the property is compatible with the former zoning M and not the current zoning CO It is permitted as a warehouse and may continue to be so used Most of the surrounding properties are light manufacturing, warehouses, and auto repair facilities Museums by their nature are compatible with commercial and office use and will encourage other property owners to also change to commercial and office PLANNING DIVISION _I W 2 PLANNING DIVISION OWNER'S AFFIDAVIT I, we a)friwu -r.. ". " I M being duly sworn dispose and say that IfWe am the OWNER(S) of the property involved in this application and that Uwe have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the be of my /our knowledge and belief a3 ;l`�7 2099-' Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss On this -'"7 * day of Fi-� �RQ1�.u� 2006 in and for said county and State, personally appeared' 57-40 +sts me to be the person whose name and acknowledged to me that he /she executed he same WITNESS my hand and official seal before me, the undersigned Notary Public '2.r P" /N+� known to subscribe to the within instrument, Notary Public in and for said County and state AGENT AUTHORIZATION all matters relevant to this application I understand that will be sent all information and correspondence AGENT AFFIDAVIT I, We g612-1_ being duly sworn dispose and say that UWe am the AGENT(S) of the property involved in this application and that Uwe have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to prepann a filing this application and that the foregoing statements herein contained and the information on doc and all plans, attached hereto are in all respects true and correct to the best o /our kn a nd ief a-7 ,20d� Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. On this i-7 01pi day of fF6aZ4J#04 -? 2006 before me, tpe undersigned Notary Public in and for said county and State, personally appeared &*44 known to me to be the person whose name subscribe to the within instrument, and acknowledged to me that he /she executed he same WITNESS my hand and official seal Notary Public in and for said County and state y! J CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss County of Los Angeles On February 27, 2006beforeme, Diana Munoz, Notary Public Date Name and Title of Officer (e g Jane Doe Notary Public ) personally appeared Earl Rubenstein & Stanley Zimmerman Name(a) of Signers) DIANA MUNOZ Commission 8 1599751 Notary Public - California Los Angeles County 1@MyComm Expires Aug7, 200 X personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the same in histher /their authorized capacdy(1es), and that by his(her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument W NESS,my hand and official�ea Place Notary Seal Above Signature of t iary Public OPTIONAL Though the information below rs not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Owner's Affidavit Document Date February 27, 2006 Number of Pages One Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer Signer's Name C Individual - Top of thumb here C Corporate Officer — Tltle(s) G Partner — C Limited G General C Attorney in Fact C Trustee C Guardian or Conservator C Other Signer Is Representing ®1999 National Notary M..ati., - 910. Solo Ave POeox2402•Ctiacvri, CA 913132402. ww org Proa NO 5907 AeoNer Ca Td1 -free1B 97"821 S � Procedures for filing application 1 File application properly completed in the office of the Planning Division Signature of the owner, owners, lessee, and /or agent shall be notarized before a Notary Public 2 Applicant shall provide all information, drawings and other materials as requested by the Planning Division 3 Pay filing fee 4 Applicant and affected property owners will be notified of time of hearing 5 Applicant must be present at the hearing and may offer additional evidence to support his /her request 6 There shall be an additional fee for filing an appeal Planning Staff- Date 6� EA 6 % ZTA O/o _ 0,3 PLANNING DIVISIONI 3 i J MINUTES OF THE MEETING OF THE PLANNING OF THE CITY OF EL SEGUNDO, CALIFORNIA December 14, 2006 Commissioner Wagner called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7 05 p m in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California Commissioner Fellhauer led the Pledge of Allegiance to the Flag PRESENT WAGNER, ROTOLO, FELLHAUER ABSENT KRETZMER, FRICK El Segundo resident, Brian Crowley, requested that the Planning Commission consider several issues when they review Environmental Assessment No 725 including maintaining a mix of land uses, minimum lot sizes and lot frontages, sufficient parking and economic considerations. Commissioner Wagner presented the Consent Calendar. PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR Commissioner Fellhauer moved, seconded by Commissioner Rotollo, to MOTION approve the November 9, 2006, Minutes as submitted Motion carried 3 -0 None CALL ITEMS FROM CONSENT None Chairman Wagner presented Agenda Item H -2, Environmental Assessment No 661, Zone Text Amendment No 06 -03, Development Agreement No 05 -01, and Conditional Use Permit No 05 -01 Applicant Automobile Museum c/o Earl Rubenstein, AIA Address Citywide (Zone Text Amendment) and 610 Lairport Street (Automobile Museum), Property Owners Various (Zone Text Amendment), Stanley M Zimmerman /John Tonoyan (Automobile Museum) Planning Manager Christensen stated that Assistant Planner WRITTEN COMMUNICATIONS PUBLIC HEARINGS, NEW BUSINESS EA NO. 661, ZONE TEXT AMENDMENT NO. 06 -03, DEVELOPMENT AGREEMENT NO. 05 -01, and CUP NO. 05 -01. Zone Text Amendment to amend ESMC §15 -1-6 to El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 1 i!_U Baldenegro would be presenting the staff report add a new definition for Museum to the El Assistant Planner Baldenegro presented the staff report (of record) Segundo pal Code §15 -1-6 annd d t to o amend El Segundo Municipal Code Commissioner Rotolo Inquired as to whether the displayed layout is the §15 -513-5 to add new proposed layout with the driveway and the parking spaces "Museums" as a removed conditionally permitted use in the Corporate Office (CO) Zone, subject to the Assistant Planner Baldenegro stated that the applicant's rendering that requirements in ESMC was brought in shows proposed minor modifications to the site Chapter 23 proposed by the applicant adding the minimum five -foot parkway that planning staff recommended to satisfy landscaping Commissioner Wagner Inquired as to whether the 18 tandem parking met code requirements Assistant Planning Baldenegro stated the parking demand study recommended a minimum of 12, however, because of the special events that the applicant might have and the possibility of extended hours beyond the minimum hours with which the applicant originally requested, planning staff is requiring a minimum of 34 especially after comparing against the Merconia /Peterson and Los Angeles requirements She added that they would be required valet parking Commissioner Wagner opened public communications Stanley Zimmerman — Property Owner /Applicant Mr Zimmerman stated it Is a unique type of non - profit, philanthropic automobile museum, and is the only automobile driving museum in the United States that allows a person to sit and ride in the cars and is free of charge Their mission is education, to encourage people to understand these cars so future generations will maintain recollections of them so they don't disappear from the realm of our country Vehicles started in 1900, and the museums earliest vehicles is a 1904, which is really a motorized wagon, and only one in 100,000 people in the United States has ever rode in one He requested modifications to the Conditions of Approval stating that Condition No 4 limits the number of vehicles to 75 cars, and he would like it to be 80 Currently, they already have portion of a storage facility and they will be expanding it With regards to the parking stalls having to be stripped, he stated that he does not want to see a restriction on the vehicle striping, and would like Condition Number 5 deleted and believed all the other conditions appear ok El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 2 2 � J He pointed out that the rendering that was brought in depicts a circular driveway because it's the safest method of loading the people into the cars stressing that those types of cars should never be backed -up He asked to have flexibility with the driveway design to keep the rightmost driveway He added that one must be at least 10 years of age to ride in the cars, and those between the ages of ten and eighteen must wear a seat -belt He stated that Condition Number 12 is bothersome as they are a non- profit organization and are supported by donations — they serve as a public service host to organizations such as the cub scouts, school tours, autistic children, elderly, as well as children with cancer. He stated that since they are a non - profit museum, they should be treated as a non - profit organization He continued to review the Conditions, and stated that the services fees were ok, that they have already taken care of surveillance noted in their plans Regarding Condition No 31, they would like to have a little more flexibility on how they landscape He introduced Ms Lori Lewis as the executive director of the museum and stated that she would be on site He pointed out that in order to drive those type of cars, the person must be specially licensed A docent has to be qualified to drive the specific vehicles Commissioner Rotolo stated he was curious about the in -lieu fees and whether there were any averages of the sales revenue from the gift shop Mr. Zimmerman stated they have to comply with certain Internal Revenue Service code requirements and are not supported by a foundation, but are a direct 501(C)(3) Museum which restricts how much help he can give the museum so a certain amount of monies have to come from the public, in addition, there is a restriction on it stating that no more than 2% of their total revenues can come from the store and if it goes over, they must get matching donations from public funds His estimate is that they will generate revenue in the range of $50,000 a year Mr Cruxal - El Segundo resident, 742 W Mariposa Mr Cruxal stated that he wanted to reiterate what Mr Zimmerman had already pointed out that the museum is an educationally- minded museum and would be a great opportunity for El Segundo middle schools and the community El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 3 ` n Mr Brian Crowlev - El Segundo resident, 501 California Mr Crowley stated that he signed a petition in support of the automobile museum, that he is very much in favor of the approval; and was present at tonight's meeting to state that a museum as a permitted use is a very good thing and should be allowed He stated that he thinks that it would be good that the use is permitted with a Conditional Use Permit since there all kinds of museums with different conditions that need to be controlled by imposing conditions of approval He stated that making use of that particular area on Saturday and Sundays is very synergistic He did wonder whether it was a little audacious for the City to take a non - profit and ask for a business tax because there were only going to be a small income from it and hoped that there would be no impact to Fire nor Police departments Commissioner Wagner thanked Mr Crowley and proceeded to inquire from the applicant as to how many employees would be on site on an average day and what the hours of operations would be. Property Owner /Applicant Zimmerman responded there would be five to six staff people and that when they had a special event, they would then call in the docents The hours of operation requested would be Friday, 12 00 p m to 8 00 p m , Saturday, and Sunday 10 00 a m to 4.00 p.m Commissioner Fellhauer stated that the applicant brought up Condition Number 4 and she would like it changed to read 80 vehicles Planning Manager Christensen stated that staff had no problem with that but would have to check with Fire and Building codes and that Commissioner Fellhauer inquired of the Assistant City Attorney as to whether or not the condition verbiage could be modified to read 80 maximum for automobiles. Commissioner Rotolo stated be felt it was a good project and that it further expands the diversity of uses and would improve El Segundo He continued by stating he would like Condition No 12, regarding the in -lieu fees, waived considering that these will be some sales tax generated and also with a small number of staff on -site, he didn't imagine the business tax would be great anyway Commissioner Fellhauer inquired as to what amount of fee would be charged Planning Manager Christensen replied that it was the equivalent to what the business license fee would be over the same time period — typically calculated at twenty years totaling $38,000 El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 4 Commissioner Fellhauer stated she was also ok with waiving the fee as well and inquired again if the text could be added to Condition Number 5, regarding the parking stalls for the vehicles on display Inside the museum having to be stripped as shown on the plans to allow it to be changed from time to time Planning Manager Christensen stated that Assistant City Attorney Berger was working on suitable language to modify the conditions She stated that although it was the first time that staff has seen the applicant's modifications to the driveway and landscaping as shown on the rendering, It appears to meet the City's requirements but staff would have to review It She also reminded the applicant that if they desired to restate their desire house of operation, that clarification must be brought up tonight because what was originally submitted on their application to staff was 10 00 a m to 4 00 p m Property Owner /Applicant Zimmerman stated the hours of operation requested are Friday, 12 00 p m to 8 00 p m , Saturday and Sunday 1000a.m to400pm Commissioner Rotolo inquired as to whether the applicant would be able to host interested groups by appointment without any parking Impact problems Planning Manager Christensen stated staff did not put a condition restricting special events, but they would have to adhere to the conditions of approval that adequate parking be provided Assistant City Attorney Berger suggested language for Condition No 4 "The museum must contain a maximum building display area of not more than 80 automobiles as allowed by applicable law and consistent with a floor plan submitted to the Planning and Building Safety Department" Assistant City Attorney Berger stated that this would put a cap of 80 total vehicles, but there might be a lesser number If required legally for ADA or fire code purposes Assistant City Attorney suggested that Condition No 5 be modified to read "Vehicles must be displayed and positioned Inside the museum In accordance with applicable law, Including, and without limitation to the California Fire Code" He added that regarding Condition No 12, he was unclear as to whether or not the Commission wished to Include hours of operation Commissioner Rotolo stated that he proposed that the hours of operation include Friday, 12 00 p m to 8 00 p m and Saturday, 10 00 am to400pm El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 5 40 0 Assistant City Attorney Berger stated that presently there are no limitations on the hours of operation so it would be an added condition to the Conditions of Approval Commissioners Rotolo, Fellhauer, and Wagner agreed to not add a condition regarding hours of operation Commissioner Wagner moved, seconded by Commissioner Fellhauer to waive the parking -in -lieu fees Motioned carried 3 -0 Commissioner Fellhauer moved, seconded by Commissioner Rotolo, MOTION recommending to City Council to adopt Resolution No 2613, approving Environmental Assessment No EA -661 and Zone Text Amendment 06- 03 regarding the proposed Ordinance which adds a new definition for "Museum" to the El Segundo Municipal Code §15 -1 -6 and amends El Segundo Municipal Code §15 -5D -5 to add "Museums" as a conditionally permitted use permitted use in the Corporate Office (CO) Zone, subject to the requirements in ESMC Chapter 23 Motion carried 3 -0 Commissioner Fellhauer moved, seconded by Commissioner Rotolo, MOTION recommending to City Council to adopt Resolution No 2614 approving Environmental Assessment No EA -661 and Conditional Use Permit 05- 01, amending Condition Nos 4 and 5 and eliminating Condition No 12 Motion carried 3 -0 None Interim Director Chicots stated he had no report Planning Manager Christensen stated that the next regular meeting of the Planning Commission would be January 11, 2007, and that the Commissioners would receive a calendar of the Planning Commission schedule for 2007 with their next meeting packet. None PUBLIC HEARINGS, CONTINUED BUSINESS REPORT FROM DIRECTOR PUBLIC COMMUNICATIONS Commissioner Fellhauer wished everyone happy holidays and Happy PLANNING New Year COMMISSIONERS COMMENTS Commissioner Rotolo also wished everyone a happy holiday and El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 6 -LiI Inquired about a letter submitted to the City regarding a complaint about the industrial look of a garage that was built with metal siding on Acacia Street as to whether staff had or could look into the possibility of prohibiting the use of metal In residential zones and how to go about making that change Planning Manager Christensen Indicated that the City Council directs staff regarding adding Items to the department's work program and indicated that the Commission could, however, direct staff to provide some Initial information and prepare a request to the Council relating to the item on behalf of the Commission Commission Rotolo asked the other Commissioners if they agreed and they concurred and directed staff to follow -up on the Information to be brought back at a future meeting None The meeting adjourned at 8 00 p m PASSED AND APPROVED ON THIS 14th DAY OF DECEMBER 2006 OTHER BUSINESS ADJOURNMENT Gary Chicots, Secretary of David Wagner, Commissioner the Planning Commission Planning Commission And Interim Director of City of El Segundo, California Planning and Building Safety P \ PBS\ PLAN- COM\PLAN- COM\MINUTES\2006\2006 12 -14 doc El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 7 N �� O z O LL p T Z m W a W O Ow U m 3 M m p y O N r� N 0 0 W n O m an d O b N 50 u w p LL > p o w w n w E LL w z O E F �� 'a z >x w w 'o a zszazpw mzw Sz$5 �o 22900-¢OLLY LLUW Z KwgpF z p O u Y F F w j 2 ry V 6 Z W mhhk f uJ. 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LL 3 3 w rc u"1 o o � VV�mp mm Nmm m o � � •- - � � � m m m$ o o m o N N c w w IL m O � v U� o� ,0 .0 f 2 W z Z U J Q 0 Z W 7 U N Y U W S U U O F 0 -`u E c E t O w u2c �o s� Y c �m `m y n a m E W $ d �@n �m E m c $ rk a a � m o '^ _F$av am U y EOL E � E 'c A m u x L o m ww=J - .m a m w � n U C LL Q m p w 2 � U O E 2 U E �p Wy �` a W o U w S � w W 2 \ � N m O `1 o — U 11 W Q 2 p p aJ,l CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 121812006 THROUGH 1212112006 Date Payee Amount Description 12/7/2006 Federal Reserve 5000 Employee EE Bonds 1217/2006 Federal Reserve 20000 Employee I Bonds 12/11/2006 West Basin Municipal 841,911 70 H2O payment 12/14/2006 Employment Development 43,292 83 State Taxes 12/14/2006 IRS 198,409 10 Federal Taxes 12/14/2006 Health Comp 1,33948 Weekly claims 12/8 12/20/2006 La Salle 43,725 00 ABAG Payment 12/20/2006 Cal PERS 472,703 49 Retirement 12/20/2006 Cal PERS 187,761 92 Health 12/20/2006 Lane Donovan Golf Partners 18,262 90 Lakes payroll transfer 12/20/2006 Health Comp 3,54022 Weekly claims 12/15 12/8- 12/21/06 Workers Comp Activity 28,339 80 SCRMA checks issued 1,839, 536 44 DATE OF RATIFICATION: 112107 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by De uty Til asurer Date ctbr o Administrative rvice Date City Manager Date 1,839,536.44 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo lj`t O Z OOu Zm JN W J Nr w� Oi a u� 3 8 wl w rc rc a J z a LL O N Q Q > O K a a LL O O i i i 0 t7 N N E i •� i� ry•• 0 [V O O C n N z LL LL p w w r 20 Z W z 00 LL a w 0 n pZOZ�Z2p GOGZ� �"LLU S Opr p GO j(YjQQWJ2lj &2�'U � w3U LLLL¢ LL2W w Om �W wy. pOOVWlgya F LL m W o . 0 0 ON F-m I-f yy�� LL22 QJ( pKN iq�N W J m 3 N3 33N LI1 N a N N> K= LL LL 6� a 2 K K 5 zmwdd �[��jEw pps¢�a�winCJOdwwrc LL W Q Y b Z jJ LL LL 'Ey W J¢ W ��j NjII W Q N SW Ww wpa [NNJ °-rc~ NaNa JR °ui Ypw ZZo W W Ofii�2d OWw6�Q� n vw�a d gpw r atoiaa<ux ri °`s LL Oast c�? LLng J°w AWSHO z 2 W z 2 f7 J a p a W 7 p N Y U W_ U O M n b i.iJ a 2 2 y z v E W � o � n u O v d 0 m q u A m v q O _E m C� m YW q m Emu°' u � c u t c E c $ s m w L oN r L yy Sy `m ZUCW z o u E - O y N E m g U V q E uEgo 4 P o g W Z n W q ¢J u ¢ pp u � Gi OU _ LL O K li ¢ i.iJ 2 m u � o oQa � c m q m q u A m agvnf ;� q m Emu°' °m9an c E U > 1� m 'o a m L UWi m E wq a N E m N AE q E uEgo i P o Cio O � O u U W W L m II x R o ¢ a i.iJ CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/2112006 THROUGH 114/2007 Date Amount Description 1212212006 Federal Reserve 15000 Employee EE Bonds 1212212006 Federal Reserve 15000 Employee I Bonds 12/2712006 Health Comp 3,71704 Weekly claims 12122 12/27/2006 Employment Development 44,516 56 State Taxes 12/27/2006 IRS 201,628 45 Federal Taxes 1/3/2007 Cal PERS 245,654 04 Retirement 1/3/2007 Lane Donovan Golf Partners 18,063 05 Lakes payroll transfer 12/22- 114/07 Workers Comp Activity 13,750 65 SCRNIA checks issued DATE OF RATIFICATION, 1/16/07 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 527,629 79 I/ Date r- !-o Date D e' 527,629.79 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo �.SU REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 19, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Council Member Jacobson at 5 00 p.m ROLL CALL Mayor McDowell - Present — Arrived at 5 05 p m Mayor Pro Tern Busch - Present — Arrived at 5 25 p m Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (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 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo vs City of Los Angeles, et al. LASC No BS094279 Gilbreath v El Segundo, LASC Case No YCO53692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- 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 8) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 1 �� 3 SPECIAL MATTERS -0- matter Council recessed at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 2 f 1JU REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 19, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Pastor John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides PRESENTATIONS — (a) Council Member Jacobson presented a Commendation to Chris Sherrill and Cindy Mortesen accepting on behalf of the sponsors, supporters and volunteers of the El Segundo Community Christmas Dinner to be held at 1 00 p m on Christmas Day at the Joslyn Center at Recreation & Parks (b) Mayor McDowell presented a Commendation to Darcy Fullmer and Mike Dugan in recognition of their service on the Library Board of Trustees and CIPAC, respectively (c) Council Member Fisher presented a Proclamation honoring John and Shirley Williams, appointed by the City Council on October 17, 2006 as Honorary Citizens of El Segundo for their exemplary citizenry and volunteerism on behalf of the seniors of El Segundo and bestowing upon them the rights and privileges of a Senior citizen of our community ROLL CALL Mayor McDowell Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - 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 Liz Garnholz, resident, spoke regarding the water and wastewater protest ballot process MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 3 l ij Richard Arabian, resident, spoke regarding the water and wastewater proposed rate Increases and the percentages of the Increases Jim Ricks, resident, spoke regarding the water and wastewater proposed rate Increases and the protest ballot process. A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding a public hearing related to the Proposition 218 majority protest process relative to proposed Increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and introduction of Ordinances setting the new water and wastewater rates If it Is determined that no majority protest exists (Potential Fiscal Impact = approximately $570,000 loss in FY 2006 -2007 water revenues and approximately $560,000 loss in FY 2006 -2007 wastewater revenues) Mayor McDowell requested that anyone wishing to return a protest ballot, please do so now with the City Clerk Mayor McDowell stated this is the time and place hereto fixed for a public hearing related to the Proposition 218 majority protest process relative to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and introduction of Ordinances setting the new water and wastewater rates if it is determined that no majority protest exists Clerk Mortesen stated that proper notice was completed and seven written communications had been received by City Clerk's Office Cindy Mortesen, City Clerk, gave a brief presentation Mark Hensley, City Attorney, gave a brief presentation regarding legal aspects of the Protest Ballot process Steve Finton, Public Works Director, gave a report Brian Crowley, resident, spoke against the proposed rate increases. Don Murray, resident, spoke against the proposed rate increases and the protest ballot process. George Hoops, resident, spoke against the proposed rate increases MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 4 Richard Arabian, resident, spoke against the proposed rate Increases Suggested other ways to sustain the General Fund Jim Riggs, resident, spoke against the proposed rate increases. Liz Garnholz, resident, spoke against the proposed rate Increases and the protest ballot process George Funk, resident, spoke in favor of the proposed rate Increases MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to close the Public Hearing, MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council comments. Council directed staff return to Council with analysis of usage charges, the way rates are set and with alternatives on ways to structure usage rates Staff to contact West Basin and SBCCOG Energy Savings Center for information on their water conservation programs Mark Hensley, City Attorney, read by title only RESOLUTION NO 4496 A RESOLUTION DECLARING THE RESULTS OF THE PROCEEDINGS FOR ADOPTING WATER AND WASTEWATER CHARGES IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Boulgarides to adopt Resolution No 4491 declaring the results of the proceedings for adopting water and wastewater charges in accordance with Article XIIID of the California Constitution MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney, read by title only ORDINANCE NO 1403 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5 Council Member Boulgandes Introduced the ordinance Mark Hensley, City Attorney, read by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 5 i + ORDINANCE NO 1404 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3 Mayor McDowell Introduced the ordinance C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Consideration and possible action regarding the Annual Report of the Community Cable Advisory Committee Oral presentation to be made by the Committee Chairman (Fiscal Impact None) Brian Mitchell, Committee Chairman, presented the Annual Report Council consensus to receive and file the Annual Report of the Community Cable Advisory Committee 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 Mark Hensley, City Attorney, noted for the record that Council Jacobson would not be participating in Consent Agenda Item No 8, Group 17 of the Residential Sound Insulation Program due to a potential conflict with his residence being a part of Group 17 3 Approved Warrant Numbers 2556730 to 2556984 on Register No 5 in the total amount of 1,152,372.24 and Wire Transfers from 11/23/2006 through 12/07/2006 in the total amount of $659,397 40 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 4 Approved regular City Council Meeting Minutes of December 5, 2006 5 Authorized the City Manager to execute Professional Services Agreement No 3682 with Bob Murray & Associates to conduct an executive search for the position of Director of Planning and Building Safety Services and authorize the City Manager to extend Agreement No 3619 with Gary Chicots to continue serving as Interim Director of Planning and Building Safety (Fiscal Impact estimated $25,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 6 , 6 Adopted the Resolutions Nos 4497,4498 and 4499 per the Board of Administration of the Public Employees' Retirement System (PERS) to continue paying and reporting the value of Employer Paid Member Contribution (EPMC) for all City employees and to tax defer member paid contributions (Fiscal Impact. None) 7 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 8 Awarded Contract No 3683 to G &G Specialty Contractors, Inc for construction related to Group 14 (29 residences) and Group 18 (27 residences), Contract No 3684 to Tron Construction, Inc for construction related to Group 15 (25 residences) and Group 16 (30 residences), and Contract No 3685 to S &L Specialty Contracting, Inc for construction related to Group 17 (27 residences) of the Residential Sound Insulation (RSI) Program (Estimated construction cost and retention $6,990,252) Authorized the City Manager to execute construction contracts in a form approved by the City Attorney 9 Approved Professional Services Agreement No 3686 between Keyser Marston Associates and the City to provide consulting services (economic analysis) for the City relating to Phase II of the Plaza El Segundo proposed development (located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue between 750 -850 S Sepulveda Boulevard) (Fiscal Impact: $15,000) Authorized the City Manager to sign the Professional Services Agreement approved as to form by the City Attorney 10 Accepted the protect as complete for Installation of security enclosures around reservoir hatches at the six million gallon water reservoir located at 301 Maryland Street — Protect No PW 06 -08 (Final Contract Amount $16,800) Authorized the City Clerk to file the City Engineer's Notice of Completion In the County Recorder's Office, 11 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 12 Accepted the project as complete for the 2005 -2006 Annual Contract for City -wide Sidewalk, Curb, Curb and Gutter, Handicap Access Ramps and other Minor Improvements — Project No PW 06 -05 (Final Contract Amount $92,386) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes to approve Consent Agenda Items 3, 4, 5, 6, 8, 9, 10, and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 COUNCIL MEMBER JACOBSON NOT PARTICIPATING IN ITEM NO 8 DUE TO HIS RESIDENCE PARTICIPATION IN THE RESIDENTIAL SOUND INSULATION PROGRAM GROUP 17 CALL ITEMS FROM CONSENT AGENDA 7 Consideration and possible action regarding a status report on the options under evaluation for replacing the Imperial Avenue video surveillance system utilized for monitoring LAX aircraft overflights of EI Segundo (Fiscal Impact None) MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 7 MOTION by Mayor Pro Tern Busch, SECONDED by Mayor McDowell to received and file status report on the options under evaluation for replacing the Imperial Avenue video surveillance system utilized for monitoring LAX aircraft overflights of El Segundo MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 11 Consideration and possible action to award a Public Works Contract to MG Enterprizes for the replacement of the blue stone crosswalks in the intersection of Grand Avenue at Main Street Approved Capital Improvement Project — Project No. PW 06 -12 (Contract Amount $72,900) MOTION by Mayor McDowell, SECONDED by Mayor Pro Tern Busch to award Public Works Contract No 3687 Enterpnzes for replacement of blue stone crosswalks in the intersection of Grand Avenue at Main Street Approved Capital Improvement Project — Profect No PW 06 -12 (Contract Amount $72,900) Authorized the City Manager to execute the Contract in a form as approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS 13 Consideration and possible action regarding the approval of a Professional Services Agreement between JAS Pacific, Inc and the City of El Segundo for building inspector services (Fiscal Impact $25,000) MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes to approve Professional Services Agreement No 3688 with JAS Pacific, Inc for building inspector services and authorize the City Manager to sign the agreement, approved as to form by the City Attorney MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER, ABSTAINING COUNCIL MEMBER JACOBSON A DUE TO A POTENTIAL CONFLICT REGARDING HIS RESIDENCE AND RESIDENTIAL SOUND INSULATION PROGRAM INSPECTIONS 4/0/1 G REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — NONE Council Member Jacobson — NONE Council Member Boulgandes — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 8 Mayor Pro Tern Busch — NONE Mayor McDowell — Wished a happy retirement to retiring Police Chief Jack Wayt and Council Assistant Julia Abreu -Mason 14 Consideration and possible action regarding the annual request of Mr S Claus for variances from the Municipal Code MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to approve request by Mr S Claus for a waiver of the permits required for doing business within the City of El Segundo as follows Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4, The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted), Grant a free business license for a non - profit organization (ESMC 4 -1- 7), (4) Waiver of ESMC 8 -4 -11B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3), Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -5 -11 dealing with trespassing animals; Waiver of the Ordinance on Animal Regulations (ESMC 6 -2 -1), (8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4) Additionally, Mr S. Claus has been directed to the Coastal Commission for clearance over the ocean; D M V for a valid vehicle registration, Department of Health & Welfare to ensure his elves are receiving minimum wage, and the Air Quality Management District to ensure a safe and clear sleigh ride MOTION PASSED BY UNANIMOUS VOICE VOTE 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 Jack Wayt, resident, thanked the community, Council and staff for their support over the course of his 40 year career with the Police Department MEMORIALS — In memory of Shirley Widen, who passed away on Sunday, December 17ti' at age 72 Shirley, who was born and raised in El Segundo, had worked for the City for 40 years She retired in 1989 She is survived by her brother, Bob Widen, her two nephews and her nephew's children ADJOURNMENT at 9 06 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE NO 9 � e EL SEGUNDO CITY COUNCIL MEETING DATE. January 16, 2007 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION, Consideration and possible action regarding the adoption of Ordinances setting the City's water and wastewater rates for Fiscal Year 2006 -2007 through Fiscal Year 2009 -2010 (Fiscal Impact = approximately $6 3M in increased water revenues through Fiscal Year 2009 -2010 and approximately $3M in increased wastewater revenues through Fiscal Year 2008 -2009) RECOMMENDED COUNCIL ACTION' Recommendation — (1) Second reading and adoption of Ordinance Nos 1403 and 1404; and (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION- Summary On December 19, 2006, City Council introduced Ordinance Nos 1403 and 1404 setting water and wastewater rates in the City of El Segundo The City followed a protest ballot procedure as required by Proposition 218 These Ordinances were introduced by City Council only after it was determined that a majority protest did not exist Ordinance Nos 1403 and 1404 reaffirm water and wastewater rates previously established by City Council on September 7, 2004 (Continued on following page) ATTACHED SUPPORTING DOCUMENTS: Ordinance No 1403 establishing water rates Ordinance No 1404 establishing wastewater rates Resolution No 4496 certifying results of protest ballots FISCAL IMPACT: Operating and CIP Budget. $6 3M water revenues through Fiscal Year 2009 -2010 $31VI wastewater revenues through Fiscal Year 2008 -2009 Amount Requested: NA Account Number, NA Protect Phase: NA Appropriation Required. No ORIGINATED BY- DATE: r �r Steve Fenton, Director of Public Works 4REVIEWE DATE- i ty Me 4- �4U BACKGROUND & DISCUSSION Continued. Previous Ordinances 2 of Ordinance No 1376 (adopted 09- 07 -04) provided for six increases to the City's water rates to be implemented over a six year period. Ordinance No 1377 provided for five increases to the City's wastewater rates to be implemented over a five -year period Two rate increases were previously imposed for each utility Recent Legal Precedent Requiring Proposition 218 Procedures for Remainder of Increases On July 24, 2006, the California Supreme Court concluded in Bighorn -Desert View Water Agency v. Beringson that water and wastewater rates are subject to the requirements of Proposition 218 (Article XIIIC and MID to the California Constitution). The Bighorn decision specifically overruled a prior California appellate court decision in the case of Howard Jarvis Taxpayer Association v City of Los Angeles that held that these types of services were not subject to the requirements of Proposition 218 Based upon the Bighorn decision, On October 3, 2006 City Council directed staff to adhere to the Proposition 218 majority protest procedure (explained below) prior to implementing the remaining rate increases set forth in Ordinance Nos 1376 and 1377 Protest Ballots On October 3, 2006, City Council directed staff to administer the Proposition 218 majority protest process and set a public hearing for December 19, 2006 for consideration of the remaining water and wastewater rate increases On October 27, 2006, protest ballots were mailed to the recorded owners of each parcel in the City This timeframe exceeded the 45 day notification period required by Proposition 218 In all, 5,224 ballots were mailed To successfully protest the rate increases, a simple majority of protests ballots (2,613 or more) should have been returned At the close of the December 19, 2006 public hearing, 1361 valid water rate protest ballots and 1345 valid wastewater rate protest ballots had been returned Through Resolution No. 4496, City Council declared that the results of the protest balloting did not represent a majority protest and that the proposed water and wastewater rates may be adopted i 4 r� BACKGROUND & DISCUSSION Continued- Proposed Ordinances 3 of The Ordinances recommended for adoption reflect the remaining rate increases provided in existing Ordinance Nos. 1376 and 1377 as follows Water Rate Ordinance The water rates proposed in Ordinance No 1403 are identical to those in existing Ordinance No 1376 (adopted 09- 07 -04) for Fiscal Year (FY) 2005 -06 through FY 2009- 10 with the exception that the proposed Ordinance also includes a cap on pass- through escalations of Water Consumption Charges Existing Ordinance No 1376 includes no cap on pass- through escalations. Wastewater Rate Ordinance The rates proposed in the recommended wastewater rate ordinance are Identical to those provided In existing Ordinance 1377 (adopted 09- 07 -04) for fiscal years 2005- 2006 through 2008 -2009 If the Ordinances are adopted, the FY 2006 -07 rates would become effective on February 16, 2007 2004 Rate Studies — Origin of Proposed Rate Structure The rate schedules Included in the Ordinances were developed through rate studies completed in 2004 The rate studies were conducted to determine the operating, capital and cash reserve needs of the water and wastewater systems The studies were Intended to assist in developing policies that would address the funding shortfalls in the water and wastewater enterprise fund accounts and to recommend a path to place those enterprise funds in sound condition in the future City Council established a Task Force to assist in developing the rate schedule. The primary focus of the Task Force was to establish the water and wastewater enterprise funds as self - sustaining and to eliminate the General Fund subsidies that existed at that time The study recommended three rate schedules for restructuring the water and wastewater rates The alternatives ranged from aggressive rate increases to quickly eliminate the subsidy to more gradual approaches that maintained the general fund subsidy while the rates could be raised gradually to eliminate the subsidy over a longer period After much consideration, the Task Force recommended the most gradual alternative The rate schedule eliminated the general fund subsidy of the water enterprise fund in FY 2004- 2005 The rate schedule recommended for the wastewater enterprise fund, however, would not offset the general fund subsidy entirely until 2013 ttly BACKGROUND & DISCUSSION Continued: 4 of Comparison with Other Agencies A comparison of water and wastewater rates to those of surrounding agencies Is provided below The proposed FY 2006 -2007 water rates are the lowest of any surrounding agency The proposed wastewater rates for FY 2006 -2007 are well below average with only five of fourteen agencies with lower rates $4000 $3500 $3000 $2500 $2000 $5500 $1000 $5 OD $000 Comparison of Monthly Water Charges to Other Agencies ® Monthly Water Charge for typical residence using 15CCF -+ El Segundo Water Charge (proposed $2590) k— El Segundo Ewsting Charge ($22 60) $6000 $559 55 55 95 $5000 S4000 $3318 $3000 $2000 $1000 $000 L y a $4000 $3500 $3000 $2500 $2000 $5500 $1000 $5 OD $000 $41 88 $ 95 7 33 Comparison of Monthly Wastewater Charges to Other Agencies Segundo Ewstmg Charge ($12 04) Los Angeles County SanRatpn gstr¢t Charges M Monthly Wastewater Charge for typical residence using 15CCF �— El Segundo Total Wastewater Charge (Proposed $15 51) . - El BACKGROUND & DISCUSSION Continued, Proposition 218 5 of Proposition 218 was approved by the voters of the State of California at the November 5, 1996 general election Proposition 218 added Articles XIIIC and Article MID to the California Constitution Article MID requires that any agency imposing or increasing any property - related fee or charge must provide written notice to the record ownerof each identified parcel upon which such fee or charge is to be imposed and must conduct a public hearing with respect thereto The written notice must be sent to the property owners at least forty-five days prior to the public hearing The proposed fee or charge may not be imposed or increased if a majority of property owners of the identified parcels file written protests against it prior to the close of the public hearing In addition, Article MID includes a number of requirements applicable to existing fees and charges including provisions to the effect that (i) revenues derived from the fee or charge shall not exceed the funds required to provide the property - related service, (ii) such revenues shall not be used for any purpose other than that for which the fee or charge was imposed, (iii) the amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel and (iv) no such fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question Property - related fees or charges based on potential or future use of a service are not permitted. The California Supreme Court concluded in the Bighorn case that a public agency's charges for water and wastewater delivery are "fees and charges" within the meaning of Article MID This decision by the Supreme Court specifically overruled a prior California appellate case involving the City of Los Angeles that held such charges were not subject to Article MID The California Attorney General had also previously issued an opinion that water rates were not subject to Article MID Staff believes that the City's current, and the proposed water and wastewater fees comply with requirements (i) through (iv) set forth above The proposed increases will, at best, result in the water and wastewater operations being self - sustaining so that the City's general fund will not have to continue to subsidize these operations. Accordingly, the proposed rates do not exceed the funds required to provide the services provided and the funds are only used for the operations of these utility enterprises Water rates are based upon actual consumption of water and meter capacity. Due to the correlation between water consumption and wastewater discharge, wastewater fees are charged proportional to the quantity of water consumed and the types of land use discharging Finally, only property owners utilizing water and wastewater services pay for the use of these services BACKGROUND & DISCUSSION Continued: Lifeline Customers 6 of 6 Ordinance Nos 1376 and 1377, and recommended Ordinance Nos 1403 and 1404 provide reduced water and wastewater rates for customers that qualify as low income. Eligible residents pay half the regular rate Public Works staff recently contacted 42 Lifeline customers to verify eligibility. Transience and improved economic conditions reduced the number of eligible lifeline customers to 30 The overall lifeline subsidy is approximately $7,200 per year Under Proposition 218, the subsidy for these customers cannot come from funds received from regular rate payers Proposition 218 provides that the subsidy can be funded from interest earned on water revenues or from the City's General Fund. The City has elected to fund the Lifeline subsidy from interest earned on water revenues f f ORDINANCE NO. 1403 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows. A The City of El Segundo requires a reliable supply of water meeting current and anticipated water quality standards to protect the public general welfare, health and safety B The purpose of water rates and charges is to protect the public health, safety and general welfare by providing a reliable and adequate supply of water meeting current and anticipated water quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service C. There is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver water service to the residents and non - residential development of the City D The City Council previously set water rates and established administrative procedures for billing and collecting water rates These actions are reflected, without limitation, in Ordinance 1376 (adopted September 7, 2004) E Notice regarding the water rates included in this ordinance was provided in accordance with California Constitution Article XIIID, § 6(c) and Government Code § 54354 5 F On December 19, 2006, the City Council held a public hearing to consider the results of the protest proceeding and to consider whether to adjust the water rates as proposed. G. This Ordinance is exempt from review under the California Environmental Quality Act (Cal Pub Res. Code §§ 21000, et seq , "CEQA ") and CEQA regulations (Cal Code Regs. tit 14, §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials, meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal, Code Regs, tit 14, § 15273 Page 1 of 5 1 J 2 H This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 11 -1 -5 to establish the City's current water rates I The City Council has considered the evidence and testimony presented at the public hearing. Based in part upon that evidence, and the staff reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance SECTION 2 AMOUNT OF RATES AND CHARGES Pursuant to ESMC § 11 -1- 5, the City Council establishes amount of water rates as set forth in attached Exhibit "A," which is incorporated by reference ("Water Charges "). SECTION 3 COST ESTIMATES The City Manager, or designee, will periodically, but not less than annually, review the Water Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water service to the residents and non - residential developments within the City If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance SECTION 4 This Ordinance was adopted to comply with the California Supreme Court decision in Bighorn -Desert View Water Agency v Verjd (2006) 39 Cal 4th 205 To the extent any provision of this Ordinance repeals or supersedes Ordinance No 1376, such repeal or replacement will 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 or superseded part of Ordinance No 1376 will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 5 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 6 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 Page 2 of 5 i J v SECTION 7 This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this _ day of 2007 Kelly McDowell, Mayor 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 Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2007, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPR1 Mark C a Page 3 of 5 J Water Consumption Charge (Monthly— er Hundred Cubic Feet Consumed) Residents qualifying as low income may take advantage of the following reduced or "Lifeline" Existing Proposed Proposed Proposed Proposed Proposed Wane 2006 -2007 2007 -2008 2008 -2009 2009 -2010 Water Consumption Consumption Water Water Water Water Lifeline Water Charge Consumption Consumption Consumption Consumption Consumption Consumption Charge Charge Charge Charge First 2,000 cubic feet $1 2693 $1 3322 $1 3927 $14533* $1 5139' Next 3,000 cubic feet $13964 $14656 $1 5321* $1 5988* $1 6655* Next 5,000 cubic feet $146,621 $1 5388 $1 6087* $16786* $1 7486* Over 10,000 cubic $1 5364 $1 6125 $1 6857' $1 7590` $1 8324* feet $1 7486* Over 10,000 cubic $1 5364 $1 6125 $1 6857* *Rate increases will be a pass- through of actual water cost increases imposed on the City by WBMWD The rate indicated anticipates increases in the cost of water purchased by the City for distribution to customers Rate increases passed through to El Segundo customers will not exceed the actual percentage increase imposed by WBMWD up to a maximum of the rate indicated Water Consumption Charges - Lifeline (Monthly — Per Hundred Cubic Feet Consumed) Residents qualifying as low income may take advantage of the following reduced or "Lifeline" Water Consumption Charges Existing Proposed Proposed Proposed Proposed Lifeline 2006 -2007 2007 -2008 2008 -2009 2009 -2010 Water Consumption Water Lifeline Water Lifeline Water Lifeline Water Lifeline Water Consumption Consumption Consumption Consumption Consumption Charges Charges Charges Charges Charges First 500 cubic feet $06348 $06662 $ 06964* $0 7267* $0 7570* Next 1,500 cubic feet $12147 $12749 $1.3328' $1 3908* $14488* Next 3,000 cubic feet $13964 $1 4656 $1 5321' $1 5988* $16655* Next 5,000 cubic feet $146621 $1 5388 $1,6087' $1 6786* $1 7486* Over 10,000 cubic $1 5364 $1 6125 $1 6857* $1 7590' $1 8324* feet *Rate increases will be a pass- through of actual water cost increases imposed on the City by WBMWD The rate indicated anticipates increases in the cost of water purchased by the City for distribution to customers Rate increases passed through to El Segundo customers will not exceed the actual percentage increase imposed by WBMWD up to a maximum of the rate indicated Water Consumption Charges for recycled water will be the rate charged by the West Basin Municipal Water District, plus $0,3056 per hundred cubic feet of recycled water consumed Page 4of5 �JJ Readiness-to-Serve / Operation and Maintenance Charges (RTS /O &M) (Monthly) Meter Size Existing (RTS /O &M) Proposed 2006 -2007 (RTa 9 Ch e Proposed 2007 -2008 (RTa 9 Ch e Proposed 2008 -2009 (RTa 9 Che Proposed 2009 - 2010 (RTa 9Charge Ch e 5/8" x3/4" and' /;' $3 56 $549 $741 $9 34 $11 2 5/8" x3/4" and' /;' (Lifeline) $1 7B $274 $371 $467 $5 63 1" $1449 $1587 $1725 $18641 $2002 1" (Lifeline) $724 $7.94 $8 63 $932 $10A1 1 -112" $1948 $2094 $2241 $2387 $2534 2" $2735 $31 77 $3620 $4062 $45 04 3" $5172 $6412 $76 53 $8893 $101 34 4" $84.52 $108.43 $13234 $15625 $18016 6" $17411 $231 92 $28973 $34755 $40536 8" $27516 $38653 $49790 $609271 $72064 10" $43484 $60763 $78042 $95321 $1,12600 12" $62566 $87460 $1,12355 $1,37249 $1362144 16" $1,10065 $1,54613 $1,99161 $2,43708 $2,88256 20" J $1,71319, $2,41089, $3,10859 $3,806 30 $4,504 00 Fire Service Charge (Monthly) Existing Proposed Proposed Proposed Proposed 2009 - Meter Size Fire Service 2006 -2007 2007 -2008 2008 -2009 2010 Fire Charge Fire Service Fire Service Fire Service Service Charge Charge Char a Charge 2" $2761 $31 71 $35 80 $3990 $4400 3" $4141 $4756 $5371 $5985 $6600 $55241 $63431 $71 62 $7981 $8800 6" $8283 $95131 $10742 $11971 $13200 8" $110431 $126821 $143 22 $159 61 $17600 10" $138141 $158601 $179 07 $199 53 $22000 End of Water Rate Schedule Page 5of5 '.l� ORDINANCE NO. 1404 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council fords and declares as follows A The City of El Segundo requires a reliable wastewater discharge system meeting current and anticipated water quality standards to protect the public general welfare, health and safety B The purpose of wastewater rates and charges is to protect the public health, safety and general welfare by providing a reliable and safe wastewater discharge system that meets current and anticipated wastewater quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service C Based upon the record, there is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver wastewater service to the residents and non- residential development of the City D The City Council previously set wastewater rates and established administrative procedures for billing and collecting wastewater fees These actions are reflected, without limitation, in Ordinance 1377 (adopted September 7, 2004). E. Notice regarding the wastewater rates included in this ordinance was provided in accordance with California Constitution Article XIIID, § 6(c) and Government Code § 54354 5 F On December 19, 2006, the City Council held a public hearing to consider the results of the protest proceeding and to consider whether to adjust the wastewater rates as proposed G This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub Res Code §§ 21000, et seq , "CEQA ") and CEQA regulations (Cal Code Regs. tit 14, §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials, meeting financial requirements, and obtaining funds for capital protects needed to maintain service within existing service areas This Ordinance, therefore, is categorically exempt Page 1 of 7 3J� from further CEQA review under Cal Code Regs Tit 14, § 15273 H. This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 12 -7 -3 to establish the City's current wastewater rates and charges I The City Council has considered the evidence and testimony presented at the public hearing Based in part upon that evidence, and the agenda reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance SECTION 2 AMOUNT OF RATES AND CHARGES. Pursuant to ESMC § 12 -7- 3, the City Council establishes amount of wastewater rates as set forth in attached Exhibit 'A" which is incorporated by reference ( "Wastewater Charges ") SECTION 3 COST ESTIMATES The City Manager, or designee, will periodically, but not less than annually, review the Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed for wastewater discharge services to the residents and non - residential developments within the City If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance SECTION 4 This Ordinance was adopted to comply with the California Supreme Court decision in Bighorn -Desert View Water Agency v Vegd (2006) 39 Cal 4th 205 To the extent any provision of this Ordinance repeals or supersedes Ordinance No 1377, such repeal or replacement will 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 or superseded part of Ordinance No 1377 will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 5 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 6 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 Page 2 of 7 o 1 :J � SECTION 7 This Ordinance will take effect on the 31st day following its final passage and adoption PASSED AND ADOPTED this _ day of 2007 Kelly McDowell, Mayor 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 Ordinance No was duly introduced by said City Council at a regular meeting held on the day of 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2007, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN: Cindy Mortesen, City Clerk APPR( Mark C Z 7 Page 3 of 7 �J� Treatment Charge (Monthly) Customer Type and Water Meter Size Existing Treatment Charges Proposed 2006 -2007 Treatment Charges Proposed 2007 -2008 Treatment Charges Proposed 2008 -2009 Treatment Charges Single Family /Duplex 5/8" and' /:' $661 $794 $926 $1058 Single Family /Duplex 1" $841 $1009 $11 77 $1345 Single Family /Duplex 1 -1/2" $909 $1091 $1273 $1455 Single Family /Duplex 2" $965 $11 58 $1352 $1545 Single Family /Duplex (Lifeline) $3305 $397 $463 $529 Multi Family 5/8" x 3/7 $1093 $1311 $1530 $1748 Multi Family 1" $1531 $1837 $21 43 $2449 Multi Family 1 -1/2" $2335 $2802 $3269 $3736 Multi Family 2" $5237 $6284 $7331 $8379 Multi Family 3" $17800 $21360 $24920 $28480 Multi Family 4" $24493 $29391 $34290 $391 88 Commercial West of Sepulveda 518" x 3/:' $780 $936 $1092 $1248 1" $1947 $2336 $2726 $31 15 1 -1/2" $3585 $4302 $5019 $5736 2" $9450 $11341 $13231 $151 21 3" $17516 $21020 $245 23 $28026 4" $74847 $89817 $1,04786 $1,19756 Industrial West of Sepulveda 5 /8" x 1W, $647 $776 $906 $1035 1" $875 $1050 $1225 $1399 1 -1/2" $2526 $3031 $3537 $4042 2" $7712 $9254 $107,97 $12339 3" $19332 $231 98 $27065 $30931 4" $27466 $329 59 $38452 $43945 Institutional 5/8" x' /." $611 $733 $856 $978 1" $968 $11 62 $1355 $1549 1 -1/2" $1473 $1768 $2062 $2357 2" $2234 $2680 $31 27 $3574 3" $5539 $6647 $7755 $88 63 4" $6560 $78.72 $91 84 $10495 6" $31682 $380,19 $443 55 $506 92 Bpfinery 5/8" x' /:' $412 $494 $576 $658 1" $587 $704 $822 $939 1 -1/2" $7804 $9365 $10926 $12487 2" $49679 $596 15 $69551 $79487 3" $50000 $60000 $70000 $80000 Page 4 of 7 �vG Service Charge (Monthly) Customer Type and Water Meter Size Existing Service Charges Proposed 2006 -2007 Service Charges Proposed 2007 -2008 Service Charges Proposed 2008 -2009 Service Charges Single Family /Duplex 5/8" and 3/4" $213 $292 $371 $449 Single Family /Duplex 1" $256 $350 $445 $539 Single Family /Duplex 1 -1/2" $277 $380 $482 $58 Single Family /Duplex 2" $299 $409 $519 $629 Single Family /Duplex (Lifeline) $1 065 $146 $1 86 $225 Multi Family 5/8" x 3/4" $341 $467 -$593 $719 Multi Family 1" $480 $657 $834 $10 11 Multi Family 1 -1/2" $725 $993 $1260 $1527 Multi Family 2" $1600 $21 90 $2780 $3369 Multi Family 3" $5548 $7592 $9636 $11680 Multi Family 4" $7468 $10220 $12971 $157 23 Commercial West of Sepulveda 5/8" x 3/4" $235 $321 $408 $494 1" $608 $832 $1056 $1280 1 -1/2" $1067 $1460 $1853 $2246 2" $2774 $3796 $4818 $5840 3" $5975 $81 76 $10377 $12578 4" $22405 $30659 $38914 $471 68 Industrial West of Sepulveda 5/8" x 3/4" $213 $292 $371 $449 1" $256 $350 $4 45 $539 1 -1/2" $790 $1080 $1371 $1662 2" $2347 $32 12 $4077 $4941 3" $5975 $81 76 $10377 $12578 4" $8535 $11680 $14824 $17969 Institutional 5/8" x 3/4" $213 $292 $371 $449 1" $299 $409 $519 $629 1 -1/2" S448 $613 $778 $943 2" $640 $876 $11 12 $1348 3" $1707 $2336 $2965 $35 94 4" $21 34 $2920 $3706 $4492 6" $9602 $131 40 $16677 $20215 Refinery 5/8" x 3/4" $213 $292 $3 71 $449 1" $256 $350 $445 $539 1-1/2" $21 34 $2920 $3706 $44 92 2" $14937 $20439 $25942 $31445 3" $17070 $23359 $296 48 $359 37 Commercial East of Sepulveda 5/8" x 3/4" $213 $292 $371 $449 1" $235 $321 $408 $494 1 -112" $1494 $2044 $2594 $31 45 2" $4268 $5840 $7412 $8984 3" $5975 $81,76 $10377 $1257J8 Page 5 of 7 Service Charge (Monthly) Customer Type and Water Meter Size Existing Service Charges Proposed 2006 -2007 Service Charges Proposed 2007 -2008 Service Charges Proposed 2008 -2009 Service Charges 4" $96 02 $13140 $16677 $20215 6" $24539 $33579 $42620 $51660 Industrial East of Se ulveda $022 $0 31 $041 $050 5/8" x 314" $235 $321 $408 $49 V. $587 $8 03 $1019 $1236 1 -1/2" $1067 $1460 $18 53 $2246 2" $2347 $3212 $4077 $4941 3" $9602 $131 40 $16677 $20215 4" $14937 $20439 $25942 $314451 6" 1 $405421 $554791 $704151 $853521 Quantity Charges (Monthly - Per Hundred Cubic Feet Consumed) Customer Type and Water Meter Size Existing Quantity Charges Proposed 2006 -2007 Quantity Charges Proposed 2007 -2008 Quantdy Charges Proposed 2008 -2009 Quantity Charges Single Family /Duplex 5/8" and 3/4" $022 $031 $0 41 $050 Single Family /Duplex 1" $022 $031 $041 $0 50 Single Family /Duplex 1 -1/2" $022 $0 31 $041 $050 Single Family /Duplex 2" $0 22 $031 $0 41 $0 50 Single Family /Duplex (Lifeline) $011 $0155 $0205 $025 Multi Family 5/8" x 3/4" $026 $038 $050 $0 62 Multi Family 1" $026 $038 $050 $062 Multi Family 1 -1/2" $026 $038 $050 $0 62 Multi Family 2" $026 $038 $050 $062 Multi Family 3" $026 $038 $050 $062 Multi Family 4" $026 $038 $0 50 $062 Commercial West of Sepulveda 5/8" x 3/4" $031 $044 $058 $071 1" $031 $044 $058 $071 1 -1/2" $031 $044 $058 $0 71 2" $031 $044 $0 58 $07 1 3" $031 $044 $0.58 $0 71 $031 $044 $058 $0 71 Industrial West of Sepulveda 5/8" x 3/4' $0 31 $044 $0 58 $07-1 V. $031 $044 $058 $071 1 -1/2" $0 31 $044 $058 $071 2" $031 $044 $058 $0 71 3" $031 $044 $0 58 $0 71 4" $031 $044 $0 58 $071 Institutional 5/8" x 3/4" $0 26 $038 $0 50 $0 62 1'. $026 $0381 $0501 $062 1 -1/2" $026 $038 $0501 $062 2" $0 26 $0381 $0501 $062 3" $0 26 $0381 $0501 $062 Page 6 of 7 .� ti EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: January 16, 2007 AGENDA HEADING' Consent Agenda Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System fob classification of Fire Captain (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Approve the examination plan, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System fob classifications Approval of exam plans for Merit System fob classifications in all City Departments has been required since the passage of initiative Ordinance No 586 in April 1962 (continued on next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT None Operating Budget- Amount Requested Account Number Various Project Phase: Appropriation Required: _ Yes X NO ORIGINATED BY- DATE- January 3, 2007 4T A //,& Bret M Plumlee. Director of Administrative Services 5 r BACKGROUND & DISCUSSION- For departments other than the Police and Fire Departments, the plan may consist of any one or combination of the following techniques 1 Written, 2 Oral, 3 Demonstration, 4 Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the relative capacities of the applicants Police and Fire Departments The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following 1 Oral, 2 Demonstration, 3 Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant This proposed examination reflects the recent promotion of two Fire Captains to Battalion Chief positions and the vacancies existing as a result of the testing process Fire Captain (Closed - Promotional) Written Test 20% Tactical Exercises 40% Structured Technical and Career Preparation Interview 40% �. l s EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT Consideration and possible action regarding Professional Services Agreement between JAS building inspector services in conjunction with Program (Fiscal Impact None) RECOMMENDED COUNCIL ACTION- MEETING DATE' January 16, 2007 AGENDA HEADING. Consent Agenda the approval of an Amendment to a Pacific Inc and the City of El Segundo for the Residential Sound Insulation (RSI) 1) Authorize the City Manager to sign an Amendment to a Professional Services Agreement approved as to form by the City Attorney; and /or(2) alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' The Residential Sound Insulation (RSI) Program has used the Building Safety Division staff to provide building inspection services The RSI Program is now planning to increase rehabilitation of qualified homes to 300 structures this year In addition, it is anticipated that in the foreseeable future, LAWA and FAA will continue to provide funding at current levels In 2006, the City of El Segundo has contractually obligated over $ 12 million in bids from qualified contractors Staffing for the Budding Safety Division consists of two (2) building inspectors with one (1) supervising building inspector totaling three (3) employees. One budding inspector position is currently vacant within the division which has been filed temporarily with a contract employee. All building inspector positions are currently funded by the General Fund with approximately 15% of one (1) position devoted to RSI (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS. Proposal from JAS Municipal Consulting and Engineering Services FISCAL IMPACT - Operating Budget. General Fund Amount Requested. $ 114,400 00 Account Number 001 - 400 - 2403 -6214 Appropriation Required X Yes —No ORIGINATED DATE: January 10, 2007 Gary Chicots, Interim Director, anning and Building Safety Department REVIEWED DATE- I jl) JG,, IV Building SafetylStaff Reports 20001Staff Reports 200712007 12.10.07 Amendmnt to JAS Pacific Inc Agmt CC Rpt 1.18.07 doc R�JvY EL SEGUNDO CITY COUNCIL STAFF REPORT MEETING DATE January 16, 2007 Pace 2 The Budding Safety Division has conducted over 6,600 Inspections in 2006. With the addition of up to 300 RSI projects added to the workload, the number of inspections will potentially increase to 9,600 a year Therefore, based on 224 work -days per year and utilizing the existing building personnel, this would require the completion of an average of 43 inspections per day In order to meet the expected future building inspection workload, it will be necessary to provide additional budding inspection services to keep up with the anticipated Inspection request Staff is proposing to contract out with JAS Pacific Inc. to provide one (1) additional contract building inspector to provide inspection services for the RSI Program Funding for the contract inspector will be provided for by the RSI Program with the proceeds from building permit revenues The RSI Program generates approximately $150,00000 in revenue through the issuance of various building permits. JAS Pacific Inc charges $ 55 00 per hour totaling $114,400 00 a year for a general building inspector. This position will be a full -time contract position devoted to the RSI Program with emphasis on working closely with both Building Safety Division and RSI staff to insure that the rehabilitation of buildings and structures in the city are done in conformance FAA grant guidelines, LAWA settlement agreements, and City of El Segundo building code requirements P \Planning & Budding Safet�AStaft Reports 200MIaR Reports 200T2007 12 -10 -07 Amendmnt to JAS Pacific Inc Agmt CC Rpt 1 -16 -07 doc � W 1 Arl , * -t# W X', '�� • ,�* f ,' sJr Municipal Consulting and Engineering Services November 21, 2006 Ms Linda Lidster Senior Building Inspector City of El Segundo 350 Main Street EI Segundo, Ca 90245 Re Building & Safety Services Dear Ms Lidster, We appreciate the opportunity to provide our Statement of Qualifications to the City of El Segundo Throughout the years JAS Pacific has proudly delivered exceptional personnel and customer service, and we are confident that we can fulfill the requirements in these areas, with our knowledge of the scope of services JAS Pacific has become a leading provider of municipal consulting services in California, and concentrating on this region has allowed us to be more personal and accessible to our clients, with the addition of new offices in Gardnerwlle Nevada and Tucson Arizona we can now show the same dedicated attention to the Northern and Southwest regions We value and support the communities we serve and believe this is evident in our dealings and work relationships we have formed We invite you to contact our references as we feel these are an ultimate measure of our service JAS Pacific provides a multitude of Building and Safety support services such as Li Building Inspection W Code Enforcement u Plan Review U Permit Technician L11 Planning is Project Management • Clerical Assistance u Forensic Inspection • Full Department Administration W Public Works Once again, JAS Pacific, Inc is pleased at the opportunity to present our Statement of Qualifications and Proposal to Provide Services Should there be a specific area not addressed herein, please feel free to contact me at (909) 605 -7777 so that I may accommodate you accordingly Respectfully, N Stormon Nmolle Stormon, Vice Presioent JAS Pacific Consulting Services Corporate 4295 Jvupa Street Suite 203Ontano California 91761(909) 605-7777 Fax 909- 605 -0319 �f �. t 1 C O M P A N Y P N 0 F I L E Founded over a decade ago, JAS Pacific, Inc was established with one idea present in mind, provide "hands -on" superior services JAS Pacific has since become a recognized leader in the provision of professional municipal consulting and engineering consultant services including building inspection, plan review, code enforcement, project management, planning, and public works Currently JAS Pacific provides temporary and permanent staffing to many jurisdictions throughout California While managing this diverse client base we have excelled at offering flexibb services that are unique to each jurisdiction and its requirements. As a small firm, JAS Pacific is able to provide personalized service to each client, assuring full attention and the best solutions to every project All members of the )AS Pacify staff possess either a professional registration or certificatio from ICBO, CABO, ACI, ILIA, and/or other appropriate agencies JAS Pacit personnel an . .- required to maintain knowledge o current and changing codes and therefore are encourage( to attend meetngs and classes to sustain knowledge of all current and changing code )AS Pac(ficdoes not perform any design o ancillary function that might createa conflict of interest We are a compl(anw- or(ented firm Safety and attention to detail ar®iways foremost priorities at JAS Pacd¢ In addition, we mdemmf our clients by mantammg One Mdhor ($1,000,000 00) dollars Liability Insurance, and Two Million ($2000,00000) dollars Professional (Errors and Omissions) Insurame 1 tv iR Y� �� vv H 1. I I I C A 1 I l.3 N( S 0 F X P E R I L N C, Y J AS Pacific is comprised of many professionals offering decades of experience in Building and Safety support services. We have a proven track record of superb customer service and work hard to uphold this reputation z .z l J K f_ Y P E (i 5 O N N E E Mr J Addison Smith President, JAS Pacific, Inc As President and Chief Executive Officer of JAS Pacific since the company's conception in 1993, Mr Smith directs all functions of the firm and is personally involved with all clients He is the current Project Manager servicing all of the Los Angeles County contracts with JAS Pacific and supervises the delivery of all services as requested by the clients Prior to this he held positions with the City of Las Vegas and the City of Adelanto Mr Smith studied at the University of La Verne majoring in Business Administration Mrs Nicolle Stormon Vice President, JAS Pacific, Inc Riverside & San Diego County Manager, JAS Pacific, Inc In the role of Vice President for JAS Pacific, Mrs Nicolle Stormon oversees all business and administration functions, including accounting and finance, risk management, and human resources She works directly with all clients regarding these aspects throughout the contract period, and would continue to act as the primary contact to the City for all related matters In addition, Mrs Stormon also manages the San Diego and the Riverside County operations Prior to joining the firm in 1994, she was with a private company offering government engineering services Mrs Stormon majored in Business Administration at Victor Valley College Mr Frank Smith Business Development Director, ]AS Pacific, Inc Building Official Mr Frank Smith maintains a position as Building Official and Business Development Director for JAS Pacific He began his career with JAS Pacific in 1993 as a Project Inspector on large scale projects Mr Smith' position combines Management and Technical duties such as, overseeing of job progress and status, completing assignments and duties, as well as being liaison between City Officials and Developers In addition to his extensive experience in supervising projects he has worked in many Building Departments in several capacities inspecting tract homes, commercial construction, as well as performing plan check and training inspection personnel Mr Smith also held position as Classroom Instructor for ICC budding inspection as to prepare students for ICC certifications and Employment Frank holds ICC certifications in Building, Zoning, Combination Inspection and Residential Housing Inspection Frank received a Fire Science degree from Victor Valley College 3 v , , .v C U R R E N T A N D P A S I P R 0 J F C T S JAS Pacific operates with a focus on meeting the municipal staffing needs of the public sector in an efficient manner, providing the appropriate personnel to meet the individual requirements of each project JAS Pacific does not perform any design or ancillary function that might create a conflict of interest We are a compliance- oriented firm LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT) BUILDING AND SAFETY DIVISION Budding Inspection, Code Enforcement, Permit Technician, Deputy Budding Official Project Duration December 2000— Current JAS Pacific has provided staffing services to the Los Angeles County Public Works Department for six years on an as- needed basis JAS Pacific Building Inspectors, Permit Technicians, Code Enforcement Officers, and Plan Examiners are at present positioned all over the Los Angeles County area The Los Angeles County Inspection Staff maintains certifications issued by ICBO, in addition to certifications issued by IAPMO, DSA and Contractors License Board JAS Pacific thoroughly enjoys working with all the County staff CITY OF SANTA MONICA BUILDING AND SAFETY DEPARTMENT Deputy Building Official, Building Inspection, Code Enforcement, Plan Review, Clerical Project Duration September 1999 — Current JAS Pacific has been fulfilling the service needs of the City of Santa Monica Building and Safety Department in the areas of building inspection, code enforcement, plan check and permit technician services for over six years on a full - time basis Competent and well experienced staff members educated in the Budding Codes and Code Enforcement laws work in conjunction with all other City departments to sustain a well run city In 2002, JAS Pacific was happy to negotiate a consecutive contract for the continuation of current and expanded services CITY OF LANCASTER BUILDING AND SAFETY DEPARTMENT Deputy Building Official, Building Inspection, Plan Review, Education Project Duration November 2002 — Current JAS Pacific is providing services to the City of Lancaster in several capacities Lancaster called upon JAS to assist the City in their Budding & Safety Department as well as their education and training department We are proud to work with the City of Lancaster and their entire staff 4 s � - t (� J (- () R R E N T A 111 D P A S T P R 0 E C T S CITY OF LA QUINTA BUILDING AND SAFETY DEPARTMENT Budding Inspection, Plan Review Project Duration June 1999 — Current JAS Pacific has worked with the City of La Quinta for many years JAS Pacific provides to the City two full -time Building Inspectors as well as on -staff plan review services Excellent service is the foundation of our continued relationship with the beautiful City of La Qumta DOUGLAS COUNTY BUILDING AND SAFETY DEPARTMENT Plan Review, Inspection Project Duration April 2006— Present JAS Pacific maintains full -time and as- needed Building Inspection services to Douglas County We as well conduct their plan review for their large -scale projects We are pleased to be part of such a charming County as Douglas CITY OF SANTA CLARITA BUILDING AND SAFETY DEPARTMENT Budding Inspection, Plan Review Project Duration September 2001 — Current The City of Santa Ciarda and ]AS Pacific work together to provide the Budding and Safety Department with three full -time Budding Inspectors, in addition to in -house plan check services The City and JAS Pacific have worked together in the past and we are proud to have renewed our affiliation CITY OF HESPERIA BUILDING AND SAFETY DEPARTMENT Building Inspection, Permit Technician Project Duration November 2001 — Current JAS Pacific is pleased to accommodate this growing jurisdiction by providing as- needed Building Inspection and Permit Technician services on an increasing basis TOWN OF SAHUARITA BUILDING AND SAFETY DEPARTMENT Building Inspection, Plan Review Project Duration November 2004 — Current )AS Pacific has worked with the Town of Sahuarita for several years, we are pleased of our continued service with the town and staff 5 u r, C O R R L N T A N D P A S l P P 0 1 E C T S COUNT Y OF SANTA BARBARA BUILDING AND SAFETY DEPARTMENT Plan Review, Budding Inspection Project Duration December 2004 - Current JAS Pacific maintains full -time Plan Review and Budding Inspection services, on staff, to the County of Santa Barbara for over two years and in the past several months increased our services with the County SAN LUIS OBISPO COUNTY BUILDING AND SAFETY DEPARTMENT Plan Review, Building Inspection Project Duration May 2005- Current JAS Pacific began our relationship with the County of San Luis Obispo in early 2005, and we look forward to a long and helpful association CITY OF GROVER BEACH COMMUNITY DEVELOPMENT DEPARTMENT Building Official, Budding Inspection, Plan Review Project Duration April 2003— Current JAS Pacific provides a full -time Budding Official as well as Building Inspection and Plan Review services to support the Community Development Department of the City of Grover Beach CITY OF HAYWARD COMMUNITY DEVELOPMENT DEPARTMENT Building Official, Plan Review Project Duration January 2006 - August 2006 JAS Pacific provided a full -time Building Official and Plans Examiner to the City of Hayward JAS served the City in this capacity for eight months while they sought a full time Building Official for their Building Division We have Just begun our service to the City and hope to fulfill all their Budding and Safety needs in the future CITY OF YORBA LINDA BUILDING AND SAFETY DEPARTMENT Building Inspection Project Duration January 2005 — Current JAS Pacific provides a Combination Building Inspector for full time service to assist The City of Yorba Linda with their complex construction issues 6 .tu Y i i A &I (' () R R t_ N I_ A N U P A S € P R O J F C T S CITY OF RENO COMMUNITY DEVELOPMENT DEPARTMENT Building & Safety Administration Project Duration April 2006— Present JAS Pacific was contracted to fulfill the positions of Building & Safety Manager and Supervising Building Inspector in the modernization of the City of Reno Budding & Safety Division JAS is also providing out - sourcing plan review of their large -scale projects, on -staff plan review and budding inspection services CITY OF GUADALUPE BUILDING AND SAFETY DEPARTMENT Building and Safety Administration Project Duration June 2004— Current JAS Pacific is assisting the Building and Safety Department under the guidance of the Planning Director, this includes Building Inspection, Plan Review, Permit Technician and Code Enforcement services JAS Pacific duties are to service the department, represent the City at the ICC Central Coast Chapter as well as enforce the Code Enforcement program that JAS Pacific produced CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT DEPARTMENT Building Official, Building Inspection Project Duration April 2005 - Current JAS Pacific has provided Building Inspection services to the City of National City for over one year, we were recently contracted to provide a part -time Building Official to oversee their Building & Safety code interests CITY OF CATHEDRAL CITY BUILDING AND SAFETY DEPARTMENT Budding Inspection Project Duration June 2005 — Current JAS Pacific worked with the City of Cathedral City for many years We are pleased that they have once again called upon JAS Pacific to assist the Department 7 .f ( v }i C ` ( i N T P E { E P ` N C We are proud of our history of service and the strong relationships we have forged over the past decade, and encourage you to contact any of our current and past clients for references CITY OF SANTA MONICA COUNTY OF LOS ANGELES Contact Tim McCormick Contact Raj Patel Director of Building and Safety Building & Safety Supervisor (310) 458 -8355 (626) 458.3164 CITY OF LA QUINTA CITY OF CARSON CITY Contact Greg Butler Contact, Kevin Gattis, CBO Deputy Building Official Chief Building Official (760) 777 -7015 (775) 887.2310 STATE OF NEVADA CITY OF BEVERLY HILLS Public Works Board Contact George Chavez Contact Dennis Nolan Director of Budding & Safety (775) 684 -4135 (310) 285 -1151 CITY OF HERMOSA BEACH CITY OF YORBA LINDA Contact Sol Blumenfeld Contact Ahmed Tabbaa Director of Community Development Building Official (310) 318 -0239 (714) 961 -7130 CITY OF HESPERIA CITY OF RENO Contact Tom Harp Contact Susan Schlerf Building Official City Manager (760) 947 -1300 (775) 334 -2211 SAN LUIS OBISPO COUNTY CITY OF LANCASTER Contact Cheryl Journey Contact Robert Neal, PE Chief Budding Official Budding Official (805) 781 -1314 (661) 723 -6150 CITY OF GROVER BEACH CITY OF PISMO BEACH Contact Ron Anderson Contact Randy Bloom Community Development Director Community Development Director (805) 473 -452D (805) 773.7040 I 3 / .l u r i IS F A N D A R D L k V I C f J AS Pacific is a small firm, this allows J AS to be personal with each client, assuring each Department that they are receiving the best service. Each staffing request is processed in an efficient manner, thoroughly reviewed, and assigned a qualified professional meeting the requirements of each project ry r. �. U J S A N D A R D S E R V I C E S We would like to begin by thanking the City of El Segundo for the opportunity to present our firm to you We are confident that we can provide these services with the utmost professionalism and expertise The City is an efficient organization and JAS Pacific would be pleased at our affiliation METHODOLOGY Upon reaching an agreement to provide Building and Safety services to the City of El Segundo we shall have resumes for review and those professionals able for an interview JAS Pacific retains hundreds of resumes of professionals at all times with a diverse range of qualifications available to fulfill the City's service needs, and may be in place within one business week of initial request All assigned personnel must be approved by the City and the client is given the opportunity to review resumes and interview any and all staff members prior to placement All new placements will be accompanied by a member of the project management team on the introductory day to ensure compatibility of the assignment, In addition, JAS Pacific consistently reviews job performance and client satisfaction on a calendar basis, or upon clients request JAS Pacific is able to meet all requirements as described in the scope of services without the participation of additional consultants or sub - consultants The City of El Segundo shall not incur additional costs for project management, administration of labor and /or accounting with JAS Pacific All fees documented will represent the provision of qualified consultants on an hourly, as- needed basis JAS Pacific can accommodate individual construction projects when the clients request an on -site resident inspector as well as the provision of Part -Time and On -Call Professionals Transportation shall be provided for our inspectors and officers when vehicles are not available SERVICE All requests for services should be directed to Mr 1 Addison Smith, JAS Pacific President Addison will be the primary account liaison dedicated to providing suitable candidates for selection, reviewing progress and performance, and communication with the City of El Segundo relating to these issues Mrs Nicolle Stormon will also be fully available to ensure complete satisfaction in all aspects of service, as well has excellent support staff to aid in providing thorough and prompt response to all inquiries Capable management and administrative personnel are also available to assist when needed Nicolle oversees all financial aspects and risk management functions and should be contacted in regards to these matters 10 w U � raw � r �? 1� 114 LJ /y ii L) I" V i U t STAFF JAS Pacific is proud to offer a team of professionals selected for their excellent qualifications, extensive experience, and commitment to service All members of the JAS Pacific staff possess either a professional registration or certification from ICBO /ICC, CABO, ACI, ACIA, and /or other appropriate agencies JAS Pacific personnel are required to maintain knowledge of current and changing codes and therefore are encouraged to attend meetings and classes to sustain knowledge of all current and charging codes In addition, the recent increaseof our in -house staff ensures that all account administration requireents aremet and theinterests of our staff and the City are mantamed EDUCATION All members of JAS Pacific staff are required to maintain current and valid certifications while actively employed, and continuing education is encouraged in all pertinent fields Inspectors, Examiners Officers and Technicianswill be afforded the funds and the opportunity to maintain their current certifications and to achieve further licenses and certifications CEU requirements will be met by all staff and JAS Pacific will provide this for ,II workforce,all personnel performing New Construction and Rehab Construction will be certifiedas under the law AB717, In addition, JAS Pacific maintains an up -to -date selection of in -house education materials and training sessions available to all staff members JAS Pacific consistently monitors certification requirements and the status of all staff memlre on a calendar and /or a- needed basis BENEFITS JAS Pacific provides an excellent benefits package to encourage loyalty, reliability and dependability We maintain health benefits, 401k retirement program, dental insurance, supplemental disability insurance, and accident and life insurance packages including cancer liabilities Education benefits are in place to make it possible for all staff members to receive industry necessary and /or related training, meet CEU requirements, and to be reimbursed for certification fees, certification renewalsand seminars,Staff membersare eligible for a set amount of paid holidays and vacation time aftr an established period of employment 11 _, � ,., s ,� rV U k K k' L A N INSPECTION SERVICES. • Revim thoroughly project specifications, plans, reports and calculations prior to inspection to ensure structural and architectural stabilr • Perform and document comprehensive field inspections on assigned construction projects to determine that all aspects of the project work conform to applicable and adopted Budding, Plumbing, Mechanical and Electrical codes, as well as zoning ordinances, energy conservation and ADA requirement • Review plans for building construction, plumbing, mechamcaind electrical systems • Participate in reviews regarding related projects with technical consultants, Fire Officials, Health Officials and other influenced Citof El Segundoand County agencies • Prepare correction notices and notices of non - compliance during inspections and maintain a record of non - complying items and follorup to resolutons of such items • Record conferences with contractors, engineers, ehitects and manufacturer • Utilize the City of El Segundo automated permit tracking system to obtain and record pertmentjob information and record • Introduce effective ways to provide thorough documentation and reports for all Investigations • Establish professional working relationships with all affected City of El Segundo Departments to streamline enforcewnt efforts • Ensure that the public interests for a safe environmentra met • Uphold the preservation of health, safety and welfare of the publ • Provide an ]CC certified budding inspector highly trained and skilled in every aspect of the adopted model codes • Accommodate construction activity c*s without increasing permanent staf • Be readily available to accommodate the overload of inspection demands in a timely manner 12 2 V f ¢k •' I :a ti.k B U S I N E S S P R A C T I C E IM As an industry leader, J AS Pacific complies with the regulations and certifications issued by the appropriate agencies and conducts its relationships employing fair business principles. All staff members are encouraged to uphold these values while representing J AS Pacific 13 k V, 11 M I S C E L L A N E O U S P R 0 V I S 1 0 N S JAS Pacific acknowledges the receipt of the Terms, Condition and all Orders and Purchase Orders and formally accepts these Terms and Conditions JAS Pacific complies with all State and Federal Labor Laws including those applicable to Disadvantaged and Equal Employment Opportunity provisions JAS Pacific is an equal opportunity employer and agrees not to discriminate against any employee or applicant for employment to be used in the performance of the obligations of consultant under the proposed agreement on the basis of race, color, religion, national origin, ancestry, sex or age JAS Pacific agrees to indemnify, defend and hold Client harmless from any and all which result directly and indirectly from the wrongful or negligent actions of liability or loss, resulting from any suits, claims or actions brought against the Client, which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the services provided JAS Pacific agrees to provide all proper insurance and worker's compensation insurance for consultants, employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of injury, disability or death of any consultants, employees or agents JAS Pacific agrees to have Client added to insurance coverage, as an additionally named insured The insurance coverage shall include a provision prohibiting any amendments to the coverage, or cancellation of the coverage, without thirty -(30) days prior written notice being given to the Client At the time of execution of contract, and throughout the term of the contract, AS Pacific agrees to carry General Liability, Professional Liability and Automobile Liability Insurance Such msurance shall be procured from an insurer authorized to do business in the State of California and approved in writing by the Client This proposal and all documents referred to in the specifications and service agreement to be entered into between ]AS Pacific and the Client, and all the modifications of said Client documents, shall be construed together as the final agreement between JAS Pacific and the Client JAS Pacific shall not assign, transfer, convey or otherwise dispose of contract, or his rights, title or interest in or to the same without the previous written consent of the Client 14 .<7U MR Our clients appreciate our consistent attention to budget parameters and our capability to provide the services needed within these constraints. Our services and fees are adapted to each jurisdiction as each jurisdiction is unique in its requirements, 15 4 ty S c H F o u F F a F F F F s MR Our clients appreciate our consistent attention to budget parameters and our capability to provide the services needed within these constraints. Our services and fees are adapted to each jurisdiction as each jurisdiction is unique in its requirements, 15 4 ty 41 , s S C, H E U U L E O F F E E S JAS Pacific is pleased to provide the following Fee Schedule for Building and Safety Support services for your review For Inspection overtime hours JAS Pacific shall receive time and half SUPPORT STAFF Certified Building Inspector $55 00 per hour Mileage while performing inspections $ 42 per mile 16 EL SEGUNDO CITY COUNCIL MEETING DATE: January 16, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION* Consideration and possible action regarding final acceptance of a project to slurry seal streets in the area bounded by El Segundo Boulevard, Sepulveda Boulevard, Sheldon Street and Mariposa Avenue Approved Capital Improvement Program Project No PW 06 -09 — (Final contract amount = $246,137 65) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, and (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. The project is an annual preventative street maintenance program financed by gasoline tax revenues This program involves the application of a thin asphalt slurry coating to extend the life of existing pavement. On September 5, 2006, City Council awarded a contract in the amount of $263,248 81 to American Asphalt South, Inc The work has now been completed to the satisfaction of staff The final contract amount based on measured quantities is $246,137 65 Staff recommends acceptance of this project ATTACHED SUPPORTING DOCUMENTS: Location Map Notice of Completion FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number. Project Phase: Appropriation Required: $250,00000 $246,13765 001 -400 -4202 -6206 Acceptance of the work No ORIGINA ED BY: DATE: January 8, 2007 Ste a Finton, Public Works Director Jeff DATE, 1111N i �S 7 _ _ _ an,e r�oumnvs j 3 I J t I An1e,�6 _1SAYI, :_ amawagaAs t_ -:�� � -A yy _ t T - �f F1 I a I i nj _s� `��* Y _ alt�teJf�,.n `,. '�'y+e`.I V/ a' y, � a' o-�•n. n a {u 7 i it Ir r { w n h rh t z 1JU Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name 2005 -2006 Slurry Seal of Various Streets Project No PW 06 -09 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the Interest of the owner is Public Right -of -Way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 21, 2006 The work done was slurry sealing of various streets 6 On January 16, 2007, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was American Asphalt South Inc 8 The property on which said work of improvement was completed Is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Various City Streets 9 The street address of said property is None Dated Steve Fenton City Engineer VERIFICATION I, the undersigned, say I am the Director of Public Works /City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of per jury the foregoing is true and correct Executed on , 2006 at El Segundo, California Steve Finton Director of Public Works /City Engineer Notice of Completions \PW 06 -02 ,L �� L EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: January 16, 2007 AGENDA HEADING' Consent Aqenda Consideration and possible action to waive the formal bidding process per the El Segundo Municipal Code Sec 1 -7 -10 and authorize the Fire Department to purchase emergency food and water supplies designed to sustain City employees working at or in support of a disaster from More Prepared, LLC Fiscal Impact $19,650 RECOMMENDED COUNCIL ACTION 1) Recommend that the City Council waive the formal bidding process per the El Segundo Municipal Code Sec 1 -7 -10, and authorize the Fire Department to purchase emergency food and water from More Prepared, LLC, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The City Council has directed staff to ensure that there are emergency supplies available within the City to sustain City employees working at or in support of a disaster Staff has estimated that two- thirds of the City work force may report for duty in the event of a disaster This equates to approximately 200 people Disaster preparedness agencies typically recommend maintaining emergency supplies for up to seven days In order to provide each of the estimated 200 employees with 3 meals per day and one half gallon of drinking water per day for seven days, it will require the purchase of 4,200 meals and 700 gallons of water Staff recommends the use of a combination of "Meals Ready to Eat" (MRE's) and food bars due to their relative low cost, storage life, and storability Water will be provided in the form of one liter boxes based on cost efficiency and storability Continued next page ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Operating Budget: $25,000 Amount Requested. $19,650 Account Number: 601- 400 - 3255 -5204 Project Phase NIA Appropriation Required: _Yes X No ORIGINATED BY- DATE. Kevin S Smith Fire Chief December 27 2006 REVIEWED DATE Jeff City Manager 8 BACKGROUND & DISCUSSION continued, This quantity of emergency supplies will be stored on approximately 9 pallets The life span for these supplies is estimated at 5 years Staff plans to purchase this same quantity of emergency supplies in the next fiscal year to support the need to provide food and water for persons from other agencies responding to assist El Segundo in the event of a disaster These supplies will be stored and separated by date to ensure that the oldest meals and water are used first The City may wish to consider donating unused food and water supplies to disaster relief agencies in the last year of the 5 year life cycle to avoid the product going to waste Staff recommends the purchase of these supplies from a vendor located within the City of El Segundo, More Prepared, LLC, in order to facilitate quick delivery of emergency supplies and to establish a business relationship that will ensure quick access to additional emergency supplies when needed. Staff has contacted two vendors in addition to the vendor located in El Segundo to determine costs associated with the emergency supplies. More Prepared, LLC, offers the meals at a lower price or equal to the two other vendors contacted. Staff believes that the prices quoted by More Prepared, LLC are fair and would be comparable with other vendors. Staff sees an established business relationship with a local vendor as being a benefit to the City's overall emergency preparedness l iJ EL SEGUNDO CITY COUNCIL MEETING DATE: January 16, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a Special Event Permit per Municipal Code Sections 8 -8 -13 B and 8 -8 -16 from the American Cancer Society to hold a Relay for Life event at El Segundo High School and for a waiver of all City- related fees per Municipal Code Section 8 -8 -7 D 1 (Fiscal Impact. $4.040) 1) Approve the Special Event Permit application per Municipal Code Section 8 -8 -13 B and 8- 8-16, 2) Approve a waiver of all City - related fees per Municipal Code Section 8 -8 -7 D 1, 3) Alternatively, discuss and take other action related to this item The City of El Segundo and El Segundo Unified School District have been requested by the American Cancer Society's Relay for Life to allow a 24 -hour overnight fundraising event on El Segundo High School's track and football field from 9 a m on Saturday to 9 a.m. on Sunday, May 12 -13, 2007 The Relay for Life seeks to celebrate cancer survivorship and raise money for American Cancer Society research and programs. At events in communities internationally, teams who have secured sponsorships gather at schools, fairgrounds, or parks and take turns walking or running laps for 24 hours overnight on a designated area Each team keeps one member walking or running the track at all times, while entertainment and food is provided by local business sponsorships and community groups Attachment #1 is a pamphlet of information on the proposed event (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS. Attachments- 1 American Cancer Society Relay for Life El Segundo event pamphlet 2 American Cancer Society Relay for Life Special Event Permit Application FISCAL IMPACT: $4,040 Operating Budget- Account Number- 001- 400 - 3102 -4103 and 001- 400 - 5210 -4103 Amount Requested: Project Phase: Appropriation Required* _Yes X No ORIGINATED. DATE: Richard nette, ecreation and Parks Director REVIE DATE: J City Manager L1# Background and Discussion (continued Representatives of the ACS's Relay for Life have met with El Segundo School District and City representatives to obtaining necessary approvals and permits in order to hold the event and request fee waivers It should be noted that the American Cancer Society is recognized by the Internal Revenue Service (IRS) as a 501(c)(3) corporation El Segundo School District Superintendent Bruce Auld has approved the event and use of El Segundo High School El Segundo High School Principal Jim Garza has approved the high school use on the proposed event dates of May 12 -13, 2007 The American Cancer Society's Relay for Life has requested the following from the City 1) A proclamation from City Council prior to the event, 2). That event participants be allowed to remain on -site and camp overnight at the high school on the football field inside the track 3). That lights be allowed to remain on overnight at the high school on the track and football field, 4) Use of the City's portable stage, 5) That the Rfe Department provide officers on -site for the entire 24 hr period, 6) That live andmoaded amplified music be allowed throughout the day and until 10pm on Saturday, May 12, and that movies with a reduced sound level be allowed to be shown on stage till 6am on Sunday morning, May 13; 7) That all City fees associated with the above requests be waived The event is proposed to be held on school district grounds and not on a City facility. Since City- support and associated fee - waivers are being requested, and since overnight lighting and camping out is being requested, a City Special Event Permit application and supporting documents have been submitted (Attachment #2) Participants would need to be allowed to remain overnight in order to participate in the 24 -hour relay Lighting of the football field area is needed overnight for safety reasons. However, use of the high schools permanent lighting requires all or none of the lights to be on To minimize light and spillover, but still provide safety lighting, staff is recommending portable lighting be required rather then use of the permanent football field lighting One or possibly two portable lights on the football field area inside the track could safely illuminate the area Due to the request for amplified sound, in addition to the Special Event Permit, an Amplified Sound Permit will be required. It is expected that the event will included live music until 10 p.m Saturday, May 12th The Cancer Society anticipates approximately 800 participants throughout the 24 -hour period Due to the nature of the event, participation on -site at any given time will vary throughout the event Parking on the high school is required and additional parking for the event is requested in the parking lot at the corner of Main and Mariposa Streets Insurance naming the School District and City as additionally insured will be provided by the American Cancer Society prior to the event. The American Cancer Society will also be required to notify residents within 200 feet of the high school's football field and track area of the event a minimum of 2 weeks prior to the event i9J 2 d L C a 0 0 LL 1222 O c c N o y o o d � v O 0 0 a E m v x d X@ v LL c3 G7 v ► a E C C7 3 v N � a` n c OC Y. W im U F 0 0 0 0.2 E E rn «w z 0 r Env v v '�' v cLL � o c °OP,z� Ewe O E° o,vv, °a 0 �EmT C' ka ry uE E ti 3 1� m Idl Jr' v Wuepp y Ci m o y N E g 7 u o d NT n orn =a E v u E E�w °MdH a J ry a a v L E ,sir, z a u a w ATTACHMENT #I � O 0 E m ,a x d X@ v LL c3 G7 v ► a Vi W 0 n 3 v c � e OC Y. W im U F 0 0 0 0.2 E E rn «w z 0 r Env v v '�' v cLL � o c °OP,z� Ewe E° o,vv, °a 0 �EmT C' ka ry uE E ti 3 1� m Idl Jr' v Wuepp y Ci m o y d E g u o d NT n orn =a E v u E E�w °MdH a J ry a a v L E ,sir, z a u a w c 3 v q c E e 0 0 0 0.2 E E rn «w z 0 r Env v v '�' v cLL g c °OP,z� v m GE 0 u o d NT n orn =a E v u E E�w °MdH a J ry a a v L E ,sir, z a u a w ATTACHMENT # 2 GAR Y OA CSEGU�O APPLICATION CITY OF EL SEGUNDO SPECIAL EVENT USE APPLICATION Return Application to: El Segundo Recreation and Parks Department 401 Sheldon Street, El Segundo, California 90245 -4013 Attention: Superintendent (Phone: 310 -524 -2700 FAX: 310-647-4223 Application Date: December 5, 2006 1. FEES. A $_O_ application fee is due upon submission of the Special Event Permit Application Should CITY services be required for your event (Police / Fire / Streets / Parks / Event Oversight), PERMITTEE will be notified of all additional charges which are due and payable before the event This application and resulting Permit reflects your agreed upon and intended use of CITY andfor private property. Any changes to the initial application must be made in a timely manner before the date of the activity. Excessive changes and revisions to the Permit are subject to additional administrative fees. Event Category: ❑ City Event ❑ Private ❑ Profit/Business ❑ Free Speech SINon -Profit — 501(C)3 — designation paperwork must be submitted with application ❑ Non - Profit — Community Service Groups /Organizations /Clubs with no 501(C)3 designation ❑ Other 2. PROPERTY USED. Please list address locations below (a) (D'50 ffyx n ',*- C-I "I'0 52�'vml M Public Property ❑ Private (b) ❑ Public Property ❑ Private (c) ❑ Public Property ❑ Private 3. TYPE OF EVENT • Bicycling ❑ Parade ❑ Procession 10 Running ❑ Surfing /Boating /Ocean Eveni • Swimming ❑ Triathlon N Walking ❑ Other 4Xx Act o iser 4. SITE PLAN. PERMITTEE, or its representative, is required to provide a preliminary site plan for review with this application. A Final Site Plan is required for final permit approval. 'Y A �j 4 Revised 5 /12/04 Page 1 5. EVENT INFORMATION — A detailed event map and /or route map must be submitted with this application. Map must include a diagram of where tables, chairs, stage, sound equipment, vendors, food booths, tents, display vehicles, etc. will be located. Please check the following items which you plan to coordinate into your event a. Amplified sound yes X no b Vendors yes X no c Additional parking yes X_ no d Alcohol yes no >c okjcv` -Q ce .e,.� e Utilities yes X _ no f Restroom /Sanitation yes X_ no 9 Street closures yes no �x_ h Dumpsters /containers yes X_ no i Construction yes^ no i 6. STREET CLOSURES. Are street closures required? R No 0 Yes — If yes the El Segundo Police Department and Engineering Division will review to determine the traffic control plan (per site plan and event information) The PERMITTEE is responsible for securing all barricades and /or "No Parking/Tow Away" signs All signage /barricades must be removed at the conclusion of the event, or v The PERMITTEE will be charged for services provided to accommodate traffic control plan, per ESPD and ES Public Works Department PERMITTEE is responsible to notify verbally or in writing all businesses and private parties within 200 ft of the event location of any corresponding street closures Signage Specifications- All "No Parkingtrow Away" signage, as determined by El Segundo Public Works Department, must be in place at least (72) hours before the event All "No Parkingfrow Away" signage will be 12" by 18" with red letters on white background printed on cardboard The CITY does not provide signage, barricades or delineator cones free of charge 7. TRAFFIC CONTROL. Is traffic control required? I@ No ❑ Yes — If yes the El Segundo Police Department requires a minimum (5) business day advance notice 8. MUSIC /SOUND. Is music/amplified sound included in your event? ❑ No CO Yes — If yes, please check the following Q Announcements I% Music - Live / DJ (circle one 69 LIVE AND DJ Type of Music Vor��o�� from aom to. Ux p.s� xn icky va� Location 650 Mkh Street, El Segundo High School Field 9. ALCOHOL. Will alcohol be included in your event? Q No N- CO1-!OL li7k� C=\, S' ❑ Yes — Alcohol on public property is subject to review and approval of the El Segundo Police Department If approved, it is the PERMITTEE's responsibility to obtain appropriate ABC alcohol licenses Specific requirements relating to the serving /dispensing of alcohol will be outlines in your Special Event Permit 10. MOBILE STAGE (CITYSTAFF USE ONLY) Is the mobile stage, along with requisite CITY staff, required for this event? ❑ No ® If yes, please describe the following Address delivered to 650 Main Street, El Segundo High School field Please describe specifically where the stage should be placed on the west side of the field in place of the soccer goal El Segundo City Staff is required to man the stage at all times Indicate times the stage will need to be opened and closed for event Revised 5/12/04 Page 3 ks-) ccrc" v3� Stage open time `lcn tage close time C(Gry) Date stage to be delivered V b.L5k`a, Time lccnn Date stage to be picked up c "V� Time IV)lrn Contact person the day of the event Katie Holmes Mobile (213)700 -7485 11. INSURANCE. PERMITTEE must supply proof of public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII" Such insurance must provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the event Such insurance must be in the minimum amount of $1,000,000. combined single limit, and must name the CITY and the CITY's officers, and employees as additional insureds under the coverage afforded Such insurance must be primary and noncontributing with respect to any other insurance available to the CITY and must include a severabdity of interest (cross - liability) clause A copy of the policy or a "Certificate of Insurance" along with an endorsement page must be filed with CITY's Special Event Use Application If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000. PERMITTEE indemnifies, will defend (at CITY's request and with counsel satisfactory to CITY), and hold CITY harmless from and against any claim, action, damages, costs (including without limitation, attorney's fees), injuries, or liability, arising out of PERMITTEE's acts, errors or omissions, negligence, or wrongful conduct (regardless of CITY's passive negligence, if any) in connection with this Permit For purposes of this section "CITY" includes the City of El Segundo's elected and appointed officials, officers, and employees In the event the CITY determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant is required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the CITY, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the CITY should otherwise agree with applicant to waive said fee or any part thereof The foregoing must not apply if the PERMITTEE prevails on every issue in the enforcement proceeding 12 CERTIFICATES OF INc� AR___N_l E,_ A copy of the policy or a "Certificate of Insurance ", along with all necessary endorsements, must be filed with the CITY (attached to application), unless the CITY for good cause waives the filing deadline 13. FEES. Unless otherwise provided, PERMITTEE must pay the following fees to CITY before the Event may begin (To be determined) 14. NOISE. The PERMITTEE must comply with ESMC §§ 7 -2 -1 to 7 -2 -15 regulating noise For amplified sound a permit will be required Obtaining the Sound Permit is the responsibility of the PERMITTEE The permit administration fee is also the responsibility of the PERMITTEE unless otherwise noted 15. CLEAN -UP. PERMITTEE is responsible for clean up and return of all public and private property in the immediate vicinity of the event to the same condition as existed before the event PERMITTEE is responsible for the clean up of any litter or debris, which may accumulate as a result from use of the park a If the PERMITTEE fads to provide adequate clean up, at the discretion of the CITY, the PERMITTEE may be required to forgo their security deposit Should the CITY be required to expend further funds for such work, the PERMITTEE will be billed Revised 5/12/04 Page 4 17. ADDITIONAL CONDITIONS AND REVOCATION. CITY may amend this Permit to include additional conditions should the circumstances of the event require such subsequent additions In addition, this Permit may be revoked either orally or in writing should the PERMITTEE violate the Permit's terms or conditions 18. ENFORCEMENT. Should CITY determine it necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the PERMTTEE will be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by CITY, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless CITY should otherwise agree with applicant to waive said fees or any part thereof The forgoing will not apply if the PERMITTEE prevails on every issued in the enforcement proceeding 19. SIGNATURE REQUIRED. PERMITTEE, or its representative, must sign and return this original permit to the City of El Segundo Recreation and Parks Department in order for their event to be permitted Reservations will not be secured until the Permit is completed, signed and returned INTERDEPARTMENTAL APPROVALS AS REQUIRED: POLICE DEPARTMENT: Additional requirements andlor comments regarding Police/Traffic 2 officers at 24 hours each @ $75 per hour = $3,600 48 hours x 1 vehicle @ $5 00 per hour = $240 Final Costs (Event staffing, equipment, etc) $ 3,840 Al Graham, Sat Police Chief /Designee Jan 4,200 Date FIRE DEPARTMENT: Additional requirements and/or comments regarding Fire Tents will need to be permitted 24 hours prior to the event No cost for on -duty personnel Final Costs (Event staffing, equipment, etc) $ 0 Dave Sharp, BC Fire Chief /Designee Jan 3,200 Date PUBLIC WORKS DEPARTMENT: Additional requirements andlor comments regarding Public Works No Public Works assistance or equipment required Final Costs (Event staffing, equipment, etc) $ 0 Kristie Vondedinden, Admin Assistant Public Works Director /Designee Revised 5/12/04 Jan 3,200 Date Page 5 �% 1 I F4 \� �» «.. 14 v 41r I P. ilk, r i%47% Internal Revenue Service Date: April 14, 2005 AMERICAN CANCER SOCIETY INC CALIFORNIA DIVISION INC 1710 WEBSTER ST OAKLAND CA 94612 -3448 Dear Sir or Madam, Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: April C. Howard 31 -07692 Customer Service Representative Toll Free Telephone Number: 8.30 a m to 8 30 p.m. ET 877 - 829 -5500 Fax Number: 513 - 263 -3756 Federal Identification Number: 94- 1170350 Group Exemption Number: 0580 This is in response to your recjuest of April 14, 2005, regarding your organization's tax - exempt status Your organization is exempt under section 501(c)(3) of the Code because it is included in a group ruling issued to American Cancer Society, Inc, located In Atlanta, GA Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerelyy,, Qew ,, .._ ti danna K. Skufca, Director, TE/GE Customer Account Sei vices a */ `, December 20, 2006 City of El Segundo Recreation & Parks RELAY 339 Sheldon St FOR LIFE E1 Segundo 90245 To Richard Brunette, On behalf of the American Cancer Society California Division Inc and the 2007 sponsor of the Relay for Life of El Segundo, El Segundo Unified School District, we would like to request the use of a few City of El Segundo services for our First Annual Relay for Life of El Segundo. Relay for Life is a very special community event that honors cancer survivors and families that have lost loved ones to cancer. It is a 24 -hour event where the community comes together and shows their support for this cause for the full 24hours, because cancer never sleeps The event will take place on May 12 -13`h, 2007 at the El Segundo High School field. Bruce Auld, the superintendent, has agreed to host this event and have the El Segundo Unified School Distinct sponsor it The Relay for Life of El Segundo committee solicits donations as well as plans entertainment and food for the full 24 hours The following services are being requested from the City of El Segundo City Stage- for the entertainment including DJ, choir singers, and dance routines Amplified Sound— we ask that a permit be issued for the amplified noise from 9am to l Opm as well as movies to be shown from midnight to 6am Police Dept- to help provide a safe and enjoyable community event as well as add to the community support of this event Fire Dept- to help provide a safe and enjoyable community event as well as add to the community support of this event. Lights- the ok from the city to have the lights stay on for the full 24 hours to provide extra safety to the walkers at night The lights will also need to be turned off for a brief hour for the lummaria ceremony from (8:45pm -9 45pm) Proclamation- we would like to have the City of El Segundo make a proclamation of this event to notify the community as well as show the city support for the fight against cancer Special Events Permit and Fees Waived- we would like to request that the special events permit be approved by the city and any associated fees be waived so that the money being raised by the community will go directly to the cause Relay for Life of El Segundo is coordinated by a group of very dedicated volunteers who are anxious to get things up and running The Event Chair for the 2007 Relay for Life of El Segundo w.U�> is Linda Lovett (310 -569 -1905) Your support in providing the services listed above for the 2007 Relay for Life of El Segundo will help to support the community effort in fighting this disease and further the mission of the American Cancer Society. If you have any questions, or need additional information, please do not hesitate to call me at (213)700 -7485 Sincerely, Katie Katie Holmes Community Development Manager American Cancer Society Katie Holmes&cancer.org (1 ry NUS EL SEGUNDO CITY COUNCIL MEETING DATE January 16, 2007 AGENDA ITEM STATEMENT AGENDA HEADING. Council Member Boulgandes AGENDA DESCRIPTION' Consideration and possible action to receive and file report on changes to the Public Communications portion of City Council meetings and survey of other cities regarding public comment at Council meetings (Fiscal Impact None) RECOMMENDED COUNCIL ACTION 1) Receive and file report, 2) Alternatively, discuss and take other action related to I I:a At the December 6, 2006 meeting staff was directed to research and report back to Council regarding policy changes to the public comment portion of the Council Agenda Prior to January 1999, the public could request Council to allow public comment during discussion of any item listed on the agenda as it was taken up by Council In addition, there were two Public Communications opportunities to discuss any other matter within the jurisdiction of the City Council, with a five minute time limit imposed per person On January 19, 1999, Council policy changed to allow the public to participate in the discussion of any item listed on the agenda during the two Public Communications portions of the meeting only, with a five minute time limit imposed per person. During Public Communications any member of the public could request that Council allow public comment during discussion of a particular item It was at the pleasure of the Council to decide whether the requested item and subsequent discussion would benefit the public and the decision making process CONTINUED ON NEXT PAGE ATTACHED SUPPORTING DOCUMENTS• Survey regarding public comment during City Council meetings FISCAL IMPACT: NONE Operating Budget Amount Requested: Account Number: Project Phase r Member J JeffLS#dYrt, City Manager DATE: January 9, I 10 BACKGROUND & DISCUSSION (Continued) The wording used on the Agenda was changed on October 1, 2002, to reflect the policy that was Instituted in 1999 which allowed for the discussion of any Item listed on the agenda during the first Public Communications, and any other matter within the jurisdiction of the City Council during the second Public Communications A five minute time limit per person was imposed This policy is in compliance with the Ralph M Brown Act, Government Code §54950, Other cities in the South Bay were surveyed regarding public comment during City Council meetings and the results are attached wU:) CITY COUNCIL MEETING PUBLIC COMMUNICATIONS Torrance Public Communications at beginning and end of meeting for items not on agenda Limit 3 minutes per speaker Public may speak on any item on the agenda as it is addressed with a three minute time limit per speaker Redondo Beach Public Communication at the end of Consent Calendar Items for any Consent Calendar Item on the agenda which has not been pulled by Council for discussion Each speaker permitted to speak only once and comments limited to a total of three minutes. Public may speak on any item on the agenda as it is addressed with a three minute time limit per speaker Public Communications for non - agenda items Each speaker permitted to speak only once and comments limited to a total of three minutes Manhattan Beach Public Communications following the Consent Calendar, at which time public may address Council concerning any brief item not on the agenda and not to exceed one minute in duration for any speaker. Public Communications again following items removed from the Consent Calendar, at which time citizens may address the Council on any matter of City business not on the agenda with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council Hawthorne Public Communications at the beginning of the meeting. Each speaker permitted to speak only once and comments limited to a total of five minutes Hermosa Beach Public Communications at the beginning of the meeting on any items within Council's jurisdiction or to request removal of an item from consent calendar Comments from the public are limited to three minutes per speaker Public may also speak during discussion of items removed from Consent Calendar, during Pubic Hearings and during discussion of items appearing under Municipal Matters. �..xU Culver Citv The following conducted at the beginning of the meeting PUBLIC COMMENT FOR ITEMS ON THE AGENDA Persons wishing to speak on agenda items will be called at the time the agenda item is brought forward Comments will generally be limited to five minutes per speaker, however, a three - minute limit may be declared by the Mayor for agenda items for which many Speaker Cards have been submitted PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA A total of twenty minutes shall be devoted to audience participation at the beginning of the agenda Speakers will be called on in the order cards were received by the City Clerk If additional time is needed, the Mayor will allow for same at the end of the agenda Speakers must limit their comments to five minutes. A three - minute limit may be declared by the Mayor if there is a large number of individuals desiring to address the Council Palos Verdes Estates Public may speak on any item on the agenda as it is addressed with a three minute time limit per speaker Rancho Palos Verdes Public Communications at the beginning of the meeting for items not on the agenda Each speaker permitted to speak only once with no official time limit imposed Public may also speak on any item on the agenda as it is addressed with no official time limit imposed �: i i