CC RESOLUTION 4994RESOLUTION NO. 4994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADOPTING THE MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR ENVIRONMENTAL ASSESSMENT NO. EA -1143, ZONE TEXT
AMENDMENT NO. ZTA 16 -01, CONDITIONAL USE PERMIT NO. CUP
16 -01, ADJUSTMENT NO. 16 -04, AND OFF -SITE PARKING
COVENANT NO. 16 -05; APPROVING ZONE TEXT AMENDMENT NO.
ZTA 16 -01 FOR AN ORDINANCE AMENDING EL SEGUNDO
MUNICIPAL CODE §§ 15-15-5,15-2-14,15-2-7, AND 15 -5F -8
PERTAINING TO PARKING ENCROACHMENTS INTO SETBACK AND
LANDSCAPE AREA, BUILDING SETBACK STANDARDS, AND
OUTDOOR DINING AND GATHERING AREA ENCROACHMENTS
INTO SETBACKS IN THE MU -S ZONE; AND APPROVING
CONDITIONAL USE PERMIT NO. 16 -01, ADMINISTRATIVE USE
PERMIT NO. 16 -01, ADJUSTMENT NO. 16 -04 AND OFF -SITE
PARKING COVENANT NO. MISC 16 -05 FOR THE DEMOLITION OF
AN EXISTING BUILDING AND CONSTRUCTION OF THREE NEW
BUILDINGS WITH OUTDOOR DINING AREAS, ONSITE SALE AND
CONSUMPTION OF BEER, WINE AND ALCOHOL, A LOADING
SPACE WITHIN THE PARKING LOT DRIVE AISLE, AND AN OFF -SITE
PARKING COVENANT FOR A PROJECT LOCATED AT 2171 -2191
ROSECRANS AVENUE (CURRENTLY DEVELOPED WITH
COZYMEL'S MEXICAN GRILL).
The City Council of the City of El Segundo does hereby resolve as follows:
SECTION 1: The City Council does hereby finds and declares that:
A, On January 16, 2016, Continental Development Corporation filed an
application for Environmental Assessment No. EA -1143, Zone Text
Amendment ( "ZTA ") 16 -01, Conditional Use Permit ( "CUP ") No. 16 -01,
Administrative Use Permit ( "AUP ") No. 16 -01, Adjustment ( "ADJ ") 16 -04 and
Off -Site Parking Covenant (MISC) 16 -05 to amend several sections of the El
Segundo Municipal Code ( "ESMC "), demolish an existing 8,195 square foot
(gross) restaurant building and redevelop the site with three new buildings
totaling 13,570 square feet to accommodate a bank, a full service restaurant
and two high turn -over restaurants, 3,700 square feet of outdoor dining area,
onsite sale and consumption of beer and wind, and alcohol, a loading space
within the parking lot drive aisle, and a parking covenant for a portion of the
required parking to be located offsite on an adjacent property to the north (at
860 Apollo Street);
B. The project site measures 1.54 acres in area, is zoned Urban Mixed Use
South (MU -S), is located at 2171 -2191 Rosecrans Avenue, and is commonly
known as Assessor's Parcel Number 4138- 011 -021;
C, The project applications were reviewed by the City's Planning and Building
Safety Department for, in part, consistency with the General Plan and
conformity with the ESMC;
D. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, el
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);
E. The Planning Commission of the City of El Segundo held a noticed public
hearing on July 14, 2016, to review and consider the staff report prepared
for the Project, receive public testimony, and review all correspondence
received on the Project;
F, On July 14, 2016, the Planning Commission of the City of El Segundo
adopted Resolution No. 2798, recommending that the City Council adopt the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, and approve Environmental Assessment No. EA -1143, Zone Text
Amendment No. ZTA 16 -01, Conditional Use Permit No. CUP 16 -01,
Adjustment No. 16 -04, and Off -Site Parking Covenant No. 16 -05 at 2171 —
2191 Rosecrans Avenue (Cozymel's site);
G. The City Council of the City of El Segundo held a duly noticed public hearing
on August 2, 2016, to review and consider the staff report prepared for the
project, receive public testimony, and review all correspondence received on
the project; and,
K This Resolution, and its findings, are made, in part, based upon the evidence
presented to the Planning Commission at its July 14, 2016 public hearing
and upon the evidence presented to the City Council at its August 2, 2016
public hearing including, without limitation, the staff reports and Initial
Study /Mitigated Negative Declaration submitted by the Planning and
Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the following
facts exist:
A. The subject site is located in the Urban Mixed Use South (MU -S) Zone, at
2171 Rosecrans Avenue. The subject property is a 1.54 -acre site located
on the north side of Rosecrans Avenue, between Apollo Street and
Continental Way.
Ba The property is currently improved with an 8,195 square -foot, full - service
restaurant building, commonly known as "Cozymel's Mexican Grill."
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C. The proposed project includes demolishing the existing restaurant building
and constructing three new buildings totaling 13,570 square feet (gross) in
area to accommodate a full - service restaurant, two high- turnover
restaurants, and a bank. The following applications are necessary to
accommodate the proposed project:
Zone Text Amendment No. 16 -01 is to amend Section 15 -15 -5
(Parking Area Development Standards) and Section 15 -2 -14
(Landscaping) to allow onsite parking to encroach into interior side
yard and rear yard setback and landscaped setback areas in the MU-
S Zone; amend Section 15 -2 -7 (Open Space Areas and
Encroachments) to allow outdoor dining areas and outdoor gathering
areas to be located up to 5 feet from a property line in the MU -S Zone;
and amend Section 15 -5F -8 (Site Development Standards) to modify
the front and side yard setback requirements for buildings in the MU-
S zone.
Conditional Use Permit No. 16 -01 is to allow for a total of 3,700 square
feet of outdoor dining areas with shade structures, associated with the
proposed restaurant buildings, which cumulatively exceed 20% of the
interior dining areas.
iil. Administrative Use Permit No. 16 -01 is to allow for the onsite sale and
consumption of beer and wine (Department of Alcoholic Beverage
Control ( "ABC ") license Type 41), and distilled spirits (ABC license
Type 47) at the new full - service restaurant and two high turnover
restaurants. Specifically, the full - service restaurant building would
measure 4,060 square feet (gross) in area, comprised of 2,436
square feet of interior dining area, 1,624 square feet of interior non -
dining area, and 1,500 square feet of outdoor dining area. The high
turnover restaurant building would measure 6,500 square feet (gross)
in area to accommodate two high turnover restaurants, and 2,200
square feet of outdoor dining area would be dedicated for the building.
iv. Adjustment No. 16 -04 is to allow one of the two loading spaces to be
located along the parking lot drive aisle. The required minimum drive
aisle width for 90- degree parking is 25 feet. The project provides a
width of 14 feet when the loading space is in use.
V. Off -site Parking Covenant No. MISC 16 -05 is to allow 90 of the 177
parking stalls to be located off -site, in a parking structure located on
the abutting property to the north of the project site, which is owned
by the Applicant.
D. An Initial Study /Mitigated Negative Declaration ( "IS /MND ") was prepared in
accordance with the California Environmental Quality Act ( "CEQA "), the
State CEQA Guidelines, and the City of El Segundo's Environmental
Guidelines (City Council Resolution No. 3805, adopted March 16, 1993).
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The IS /MND was circulated in accordance with CEQA from June 23, 2016
through July 14, 2016, and was available for public review and comment
throughout the public hearing process.
SECTION 3: Environmental Assessment. The proposed project was analyzed for its
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). The City prepared an Initial
Study of Environmental Impacts pursuant to CEQA Guidelines § 15063. A
Mitigated Negative Declaration of Environmental Impacts is proposed for
this project pursuant to CEQA Guidelines §15070.
The IS /MND concluded that the project will not result in or create any significant impacts,
or have less than significant impacts to aesthetics, agriculture and forestry resources,
geology /soils, greenhouse gas emissions, hazards /hazardous materials, land use, mineral
resources, noise, population and housing, public services, recreation, biological
resources, cultural resources, and transportation /traffic; and, utilities. Several areas of
concern were noted as potentially significant if not mitigated. These areas include:
Hydrology/Water Quality, Air Quality, Aesthetics, and Mandatory Findings of Significance.
However, incorporation of the mitigation measures identified in the IS /MND and contained
in the associated Mitigation Monitoring and Reporting Program (Exhibit B to this
Resolution) would reduce the impacts for each of these areas to "Less Than Significant"
when mitigated.
The IS /MND prepared for this Project reflects the City's independent judgment and
analysis, and the City Council finds that there is no substantial evidence that the Project
would have a significant impact on the environment with the inclusion of the mitigation
measures set forth in the Mitigation Monitoring and Reporting Program attached as Exhibit
B to this Resolution and incorporated into the Resolution by this reference.
SECTION 4: General Plan Findings. As required under Government Code § 65860, the
ESMC amendments proposed by the Ordinance, and the proposed
development project are consistent with the El Segundo General Plan as
follows:
A. The proposed zone text amendment conforms with the Land Use Element
Goals, Objectives and Policies. Specifically, the zone text amendment is
consistent with Land Use Element Goal LU5 and Objectives LU5 -1, LU5 -2
and LU5 -3 in that the amendment will help retain and attract clean and safe
commercial and retail uses and will facilitate the rehabilitation of currently
substandard properties by allowing property owners to efficiently use their
properties when siting buildings, dining areas and shade structures, and
parking.
B. The proposed zone text amendment is consistent with the Economic
Development Element Goals, Objectives and Policies. Specifically, it is
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consistent with Economic Development Element Objective ED1 -2 and
Policies ED1 -2.1 and ED1 -2.2 in that siting buildings closer to the street
provides more visibility to the buildings and uses on the property, and
allowing dining areas closer to the street also draws in the pedestrian traffic
to the property. Further, it will help improve properties aesthetically and
promote a more pedestrian oriented environment in the MU -S Zone. These
physical improvements will help maintain existing uses and attract more
retail and office uses, which expand the City's tax base and improve its fiscal
condition.
C. The proposed development project is consistent with Land Use Element
Objective LU44 in that it adds to the mixture of uses by providing for
additional eating establishments and a bank, which have the potential to
maximize economic benefit and reduce traffic impacts.
D. The underlying zoning for the site is Urban Mixed Use South (MU -S), where
the purpose of said zoning is to "provide area(s) where a mixture of
compatible commercial, offices, research and development, retail and hotel
uses can locate and develop in a mutually beneficial
manner... [and] ... Businesses located within this zone are encouraged to
provide street level uses which allow for, and facilitate, pedestrian activity for
area workers and visitors." (ESMC §15- 5F -1). The proposed project is
mutually beneficial to the area since it provides for additional and varied
uses. Further, the project provides for additional outdoor dining and situates
buildings closer to the street to encourage pedestrian activity in the area.
SECTION 5: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -6 and
based on the findings set forth in Section 2, the proposed Zone Text
Amendment is consistent with the goals, policies, and objectives of the
General Plan as follows:
A. The amendments are consistent with the purpose of the ESMC, which is to
serve the public health, safety, and general welfare and to provide the
economic and social advantages resulting from an orderly planned use of
land resources. In addition, it is consistent with the purpose of the Urban
Mixed -Use South (MU -S) Zone to provide an area where a mixture of
compatible uses can locate and develop in a mutually beneficial manner.
Furthermore, it is consistent with the intent of the MU -S Zone to encourage
businesses to provide street level uses which allow for, and facilitate,
pedestrian activity for area workers and visitors.
B. The amendments are necessary to facilitate the development process and
ensure the orderly development of buildings, outdoor dining areas, and
parking in the MU -S Zone that are compatible with surrounding properties
and the public right -of -way.
SECTION 6: Conditional Use Permit Findings. After considering the above facts, the City
Council finds as follows:
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A. 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 zoning designation for the subject site is Urban Mixed Use South (MU-
S). This zone allows outdoor dining areas which exceed 200 square feet or
20% of the indoor dining area, whichever is less, subject to the granting of a
conditional use permit pursuant to ESMC Section 15- 5F -5(I). The size of the
outdoor dining areas are appropriate to their location as they will be part of
the restaurants and distributed throughout the site. The permitted uses in
the zone are a mixture of commercial, office, research and development,
retail, restaurant and hotel uses. The current project site is currently
developed with one freestanding building that accommodates a full service
restaurant. The proposal includes constructing multiple buildings to
accommodate more uses on the site and provide for inviting spaces through
large outdoor dining areas and shade structures. The proposal is consistent
with the purpose of the MU -S zone, in which businesses are encouraged to
provide street level uses which allow for, and facilitate, pedestrian activity for
area workers and visitors. The outdoor dining areas in support of the
restaurants are in accord with the principal objectives of the zone.
B. 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 conditional use is in an urbanized area of the
City that is developed with a variety of commercial, retail, office, restaurant,
and light manufacturing uses. The outdoor dining areas will be distributed
throughout the proposed new restaurants, and will be located along
Rosecrans Avenue and along Apollo Street. No sensitive land uses are
adjacent to or near the proposed outdoor dining areas that could be impacted
by the operation of the outdoor dining areas. Further, outdoor dining
activities are not anticipated to be detrimental to adjacent businesses and no
residential uses are located in the vicinity. The use is also subject to certain
conditions in the attached Exhibit A. Accordingly, given the commercial
nature of the surrounding uses and immediate area, and the absence of any
residential uses located in the vicinity, 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.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
Approval of the associated Zone Text Amendment modified the site
development standards of Municipal Code Section 15- 2 -7.E, which allows
outdoor dining areas and outdoor gathering areas to be located up to 5 feet
from a property line in the MU -S zone. The proposed conditional use
complies with the applicable provisions of ESMC Chapters 15 -23 and 15 -27
since proper notice was provided and proper hearing was conducted on July
14, 2016. In addition, proper hearing decision and records will be complied
with, and the required findings considered and adopted. The proposed
project complies with all of the current ESMC requirements.
SECTION 7: Administrative Use Permit Findings. After considering the above facts, the
City Council finds as follows:
A. There is compatibility of the particular use on the particular site in relationship
to other existing and potential uses within the general area in which the use
is proposed to be located for the following reasons:
1. The applicant proposes to provide on -site sale and consumption of
alcohol inside the restaurant, bar, and outdoor dining areas. Alcohol will
be served from the bar and consumed within the restaurant, bar, and the
outdoor patio.
2. The area is situated in an urbanized area of the City that is developed
with a variety of commercial, retail, office, restaurant, and light
manufacturing uses. There are no residential uses in the immediate
vicinity and the alcohol service will only be used by restaurant guests.
3. There is sufficient parking available via a combination of onsite and offsite
parking. Offsite parking is located in the parking structure to the north of
the site, on a property that abuts the subject property. Further, the project
includes a parking covenant that will ensure that offsite parking is
available for the uses on the subject property. Lastly, the parking
covenant will be recorded on the property to memorialize the availability
and provision of parking.
4. The General Plan Land Use designation for the site is Commercial, Urban
Mixed Use South. The zoning for the site is Urban Mixed Use South (MU-
S). On -site sale and consumption of alcohol is permitted in the Zone with
the approval of an Administrative Use Permit.
5. The MU -S Zone permits, and the surrounding land uses include:
restaurant, commercial retail, office and light manufacturing uses. Given
the commercial nature of the surrounding uses, and the absence of any
residential uses in the immediate vicinity of the proposed restaurant, the
proposed on -site sale and consumption of alcohol will be compatible with
the surrounding uses.
B. The proposed uses are consistent and compatible with the purpose of the
MU -S, which is to "provide area(s) where a mixture of compatible
commercial, offices, research and development, retail and hotel uses can
locate and develop in a mutually beneficial manner ... [and] ... Businesses
located within this zone are encouraged to provide street level uses which
allow for, and facilitate, pedestrian activity for area workers and visitors."
(ESMC §15- 5F -1), for the following reasons:
1. The onsite sale and consumption of alcohol is a method to augment the
restaurants by affording patrons the opportunity to purchase an alcoholic
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beverage with their meal.
2. The onsite sale and consumption of alcohol expands the development of
a permitted restaurant use that is economically viable and provides a
stable tax base with appropriate conditions to minimize negative impacts
in the City.
3. The zoning for the site is Urban Mixed Use South (MU -S). The proposed
use of on -site sale and consumption of alcohol requires an Administrative
Use Permit in accordance with Municipal Code Section 15- 5F -4.C.
4. The proposed use is consistent with Land Use Element Goal LU4 in that
it provides a stable tax base for the City through development of new
commercial uses, and primarily within a mixed -use environment.
5. The proposed use is consistent with Land Use Element Objective LU44
in that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and encourage pedestrian
environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1
in that it promotes the development of high quality retail facilities in
proximity to major employment centers. Therefore, for all of the foregoing
reasons, the use is consistent and compatible with the purpose of the
Urban Mixed Use South (MU -S) Zone.
C, The proposed location and uses, and the conditions under which the uses
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, for the following reasons:
1. The on -site sale of alcohol will be located both inside the proposed
restaurants and in the outside patio areas, and will be conducted in
accordance with all applicable codes and regulations. Sufficient parking
will be provided onsite and offsite in compliance with ESMC Chapter 15-
15.
2. The proposed hours of operation to serve alcohol is between 11:00 a.m.
to 11:00 p.m. Monday through Sunday. Alcohol will be served within the
restaurant, bar, and outdoor patio, and in accordance with ABC
regulations. No live entertainment is proposed. The use is also subject
to certain conditions outlined in this resolution.
3. Since the location of the proposed restaurants is in an urbanized area of
the City and is surrounded by commercial uses (and not residential uses),
and since the proposed on -site sale and consumption of alcohol will be
contained to the restaurants and will not extend into the late -night hours,
the proposed location and use, as conditioned, will not be detrimental to
the public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity.
4. Appropriate conditions have been included to mitigate any potential
impacts.
D. Potential impacts that could be generated by the proposed onsite sale, such
as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
E:3
1. The onsite sale and consumption of alcohol is an accessory use to the
permitted restaurant uses of the site.
2. Due to the uses, size, location and hours, impacts such as noise, smoke,
dust fumes, vibration, odors, traffic and hazards are not likely or
anticipated.
3. The on -site sale and consumption of alcohol will not create any new
impacts that would not be normally associated with the operation of a
restaurant. Further, the proposed hours of operation and alcohol sales
are limited from 11:00 a.m. to 11:00 p.m., daily.
4. Since 90 of the 177 required parking stalls cannot be accommodated
onsite, the 90 spaces will be located off -site in a parking structure located
on the abutting property to the north of the project site that is owned by
the Applicant. Further, a City- approved parking covenant will be
recorded on the properties to memorialize the availability and provision
of the 90 offsite parking stalls.
5. In addition to complying with the requirements of the City of El Segundo
and ABC, the restaurant is subject to County Health Department
regulations that address and monitor impacts of fumes and odors.
E. ABC has issued or will issue a license to sell alcohol to the applicant.
1. The Applicant must obtain a license from ABC for on -site sale and
consumption of alcohol for restaurants (Type 47), and for on -site sale and
consumption of beer and wine for restaurants (Type 41).
SECTION 3: Adjustment Findings. After considering the above facts, the City Council
finds as follows:
A. That the proposed adjustment would not be detrimental to the neighborhood
or district in which the property is located.
The loading space would be located onsite, in the parking lot drive aisle. The
space would not encroach into the public right of way, and would not affect
other properties in the neighborhood or in the district. Deliveries to the
restaurants will be conducted outside of the peak demands, thereby
minimizing any potential conflicts onsite.
B, That the proposed adjustment is necessary in order that the applicant may
not be deprived unreasonably in the use or enjoyment of his property.
Since the buildings are situated towards the street in an effort to enhance
the pedestrian experience, the parking lot and entrances to the buildings are
situated to the rear of the site. To ensure that the restaurants are served by
a loading space for delivery of goods, the proposed location ensures that
required parking for patrons is not utilized as loading spaces by delivery
trucks.
C, That the proposed adjustment is consistent with the legislative intent of the
Zoning Code.
The legislative intent of Title 15 is "to serve the public health, safety, and
general welfare and to provide the economic and social advantages resulting
from an orderly planned use of land resources." The adjustment facilitate
the site planning of the buildings so that it enhances the pedestrian
experience for the area by situating buildings and outdoor dining areas closer
to the street, thereby augmenting the public welfare and providing economic
and social advantages.
SECTION 9: Off -Site Parking Covenant. After considering the above facts, the City
Council finds as follows:
A. Proximity of the off -site parking facilities.
The off -site parking facility is located on the adjacent property to the north
(at 860 Apollo Street). The parking structure provides parking for a variety
of uses in the immediate vicinity and has excess parking available to
accommodate the 90 spaces from the project site.
B. Ease of pedestrian access to the off -site parking facilities.
The offsite parking facility is located within 200 -feet of the subject property
and is connected via existing sidewalks along Continental Way. Although
Americans with Disabilities Act (ADA)- accessible parking stalls are provided
onsite as part of the proposed project, additional ADA accessible parking
stalls are located in the parking structure where offsite parking will be
provided, and adequate accessible paths of travel exist between the parking
structure and the subject property. Further, additional paths of travel will be
constructed onsite in accordance with ADA requirements.
C, Provisions for transportation to and from the off -site parking facility (e.g.,
shuttle or valet services).
There is no need for shuttle or valet services to and from this adjacent off-
site parking facility since the facility is located within 200 feet of the subject
property.
D. The type of use the offsite parking facilities are intended to serve (i.e., offsite
parking) may not be appropriate for high turnover uses such as retail sales
and services.
The proposed development project includes a mixture of high turnover
restaurants, full service restaurants and a bank building. Further, the
majority of the square footage would not be high turnover uses.
SECTION 10: 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.
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The findings and determinations constitute the independent findings and
determinations of the City Council in all respects and are fully and
completely supported by substantial evidence in the record as a whole.
SECTION 11: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible
aspects of the project will not exist. One of the major limitations on analysis
of the project is the City Council's lack of knowledge of future events. In
all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the city's ability to solve
what are in effect regional, state, and national problems and issues. The
City must work within the political framework within which it exists and with
the limitations inherent in that framework.
SECTION 12: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial evidence in the
record. The absence of any particular fact from any such summary is not
an indication that a particular finding is not based in part on that fact.
SECTION 13: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 14: A copy of this Resolution must be mailed to Continental Development
Corporation, and to any other person requesting a copy.
SECTION 15: This Resolution is the City Council's final decision and will become effective
immediately upon adoption.
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Resolution No. 4994 was PASSED, APPROVED AND ADOPTED this 2 day of August, 2016.
ATTEST-
Tracy Wea r, City Clerk
APPROVED AS TO FORM;.
Mar D. Hensleytl Attorney
uzaAr e Fuentes, Mayor
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CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, 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. 4994
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 2nd day of August 2016,
and the same was so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Boyles, Council Member Dugan, Council
Member Brann, Council Member Pirsztuk
NOES:
ABSENT:
ABSTAIN:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 31St day of August, 2016,
)j&ta
Tracy raver, City Clerk
of the City of El Segundo,
California
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CITY COUNCIL RESOLUTION NO. 4994
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "),
Continental Development Corporation (the "Applicant" or "Owner ") agrees to comply with
the following provisions as conditions for the City of El Segundo's approval of
Environmental Assessment No. EA -1143, Zone Text Amendment No. 16 -01, Conditional
Use Permit No. 16 -01, Administrative Use Permit No. 16 -01, Administrative Adjustment
No. 16 -04 and Off -Site Parking Covenant No. MISC 16 -05 ( "Project Conditions "):
Zonina Conditions
This approval is for the project as shown on the plans dated as received by the
Planning Division on June 30, 2016, and on file. Before the City issues a building,
grading, and /or demolition permit for the project, the applicant must submit plans,
showing that the project substantially complies with the plans and conditions of
approval on file with the Planning and Building Safety Department. Any subsequent
modification must be referred to the Planning and Building Safety Director for a
determination regarding the need for Planning Commission review and approval of
the proposed modification.
2. This approval allows for the following development:
a. Demolition of the existing restaurant building at 2171 Rosecrans Avenue;
b. Construction of three new buildings totaling 13,570 square feet (gross) in area
and up to 3,700 square feet of outdoor dining area, as follows:
• Building A at the southwest corner of the site, measuring 4,060 square
feet in area to accommodate a full service restaurant, comprised of 2,436
square feet of interior dining area, 1,624 square feet of interior non - dining
area, and 1,500 square feet of outdoor dining area along the south and
west sides of the building.
• Building B at the south of the site (between Buildings A and C), measuring
6,500 square feet in area to accommodate two high turnover restaurant
tenants. A cumulative total of 2,200 square feet of outdoor dining area is
dedicated for Building B.
• Building C at the southeast corner of the site, measuring 3,010 square
feet in area to accommodate a bank.
A change in uses or changes in the square footages specified above, must be
referred to the Planning and Building Safety Director for a determination regarding
the need for Planning Commission review and approval of the proposed changes.
3. The onsite sale and consumption of beer and wine, and /or alcohol (ABC Type 41
and ABC Type 47, respectively) are allowed at the new full - service restaurant and
the two high turnover restaurants. Specifically, the full - service restaurant building
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would measure 4,060 square feet (gross) in area, comprised of 2,436 square feet
of interior dining area, 1,624 square feet of interior non - dining area, and 1,500
square feet of outdoor dining area. The high turnover restaurant building would
measure 6,500 square feet (gross) in area to accommodate two high turnover
restaurants, and 2,200 square feet of outdoor dining area would be dedicated for
said high turnover restaurant building.
4. The owner /applicant shall not permit any loitering on the subject site.
5, The owner /applicant shall comply with and strictly adhere to all conditions of any
permit issued by ABC to the applicant, and with any applicable regulations of ABC.
6. A minimum of 87 parking spaces shall be maintained onsite. A maximum of 90
parking spaces are allowed to be provided offsite in the parking structure on the
adjacent property to the north, located at 860 Apollo Street (APN 4138 - 011 -022),
provided that a parking covenant is recorded on the affected properties. The
parking covenant shall be recorded prior to issuance of a certificate of occupancy.
7. Two loading spaces must be provided onsite to serve the restaurant buildings, with
minimum dimensions of 12'x25'. One loading space must be provided along the
northern side of Building A, as illustrated in the approved site plan. One loading
space is allowed within the parking lot drive aisle, located north of Building B, as
illustrated in the approved site plan, which shall be clearly evident with appropriate
striping and yellow curbing.
8. Building A (full service restaurant building) shall maintain a minimum setback of 20-
feet as measured from the west building fagade to the western property line along
Apollo Street, and a minimum setback of 30' as measured from the south building
fagade to the southern property line along Rosecrans Avenue. The outdoor dining
areas shall maintain a minimum setback of 5 -feet to a property line.
9. Building B (high turnover restaurants building) shall maintain a minimum setback of
30 -feet as measured from the south building fagade to the southern property line
along Rosecrans Avenue. The outdoor dining areas shall maintain a minimum
setback of 5 -feet to a property line.
10. Building C (bank building) shall maintain a minimum setback of 5 -feet as measured
from the east building fagade to the edge of the street easement along Continental
Way, and a minimum setback of 30 -feet as measured from the south building fagade
to the southern property line along Rosecrans Avenue.
11. Any signs shown on the site and elevation plans are conceptual only. Signs
proposed for the project, including monument signs, shall be designed to conform
to the sign provisions of the ESMC and shall require separate application and
approval by the Planning and Building Safety Director or designee. A master sign
program must be approved by the Planning and Building Safety Director prior to
issuance of any Certificate of Occupancy.
15
12. All rooftop mechanical equipment shall be architecturally screened in accordance
with ESMC Section 15- 2 -8(C), to the satisfaction of the Planning and Building Safety
Director.
13. All utilities to and on the property shall be provided underground
14. Pedestrian walkways within the project shall be provided with admixture colored
concrete and /or design that enhance and complement the project.
15. A trellis must be maintained over any trash enclosure on the property.
16, Prominent signage shall be posted throughout the parking lot that informs motorists
that additional overflow parking is available in the parking structure on the adjacent
property to the north, located at 860 Apollo Street.
17, The applicant shall submit a photometric lighting plan that illustrates that there is no
light spillover beyond the project property line for review and approval by the
Planning and Building Safety Department. Exterior building and parking lot lights
shall be provided with decorative lighting fixtures. Exterior lighting for the project
shall be designed to be confined to within the project site. Light shields shall be
used to block light and reduce spill over light and glare as necessary. Light spill
over on the property shall be zero foot - candles at the property line. Prior to the final
inspection and issuance of a certificate of occupancy, the applicant shall schedule
an evening inspection with the Planning Division to verify compliance with this
requirement.
18. The project site shall be fenced and screened during construction. Signage to report
dust shall be posted on site at a location clearly visible to the public from both
Rosecrans Avenue and Apollo Street.
19. All areas within the project site shall be maintained free of trash and debris.
20. The applicant shall comply with all requirements of Federal, State, County, and local
agencies as are applicable to this project.
21. A Notice of Determination will be filed for this project; the applicant is responsible
for paying all filing fees, including any fees required by the California Department of
Fish and Wildlife. Within two (2) days of approval by the City Council, the applicant
shall submit to the Planning and Building Safety Department a check or money order
in the amount of $2,260.25, payable to the Los Angeles County Clerk. The Planning
and Building Safety Department shall then file the Notice of Determination. Proof
of the fee payment will be required prior to the issuance of grading or building
permits required under Section 711.4 of the Fish and Game Code.
22, The development of the project shall comply with the Mitigation Monitoring and
Reporting Program (MMRP) attached and incorporated by reference as adopted by
the City Council on August 2, 2016. Prior to any demolition, clearing, grubbing or
grading or as otherwise appropriate, the applicant shall demonstrate compliance
16
with all of the Mitigation Measures contained in the MMRP. In the event of a conflict
between the adopted mitigation measures and these conditions of approval, the
stricter of the two shall govern. The applicant is responsible to bear all costs should
a consultant be required to manage and implement the MMRP.
23. The applicant must record an Irrevocable Offer to Dedicate up to a 21- foot -wide
portion of the property paralleling the southern property line along Rosecrans
Avenue for the possible future widening of the Rosecrans Avenue public right of
way. The Irrevocable Offer to Dedicate must be submitted to the Director of
Planning and Building Safety for review and recorded by the applicant prior to
issuance of a certificate of occupancy.
„ ,. so
24. The applicant shall obtain a building, grading, mechanical, plumbing, electrical,
demolition permit for the project.
Fire Department Conditions
25. The applicant must comply with the applicable requirements of the 2103 California
Building and Fire Codes and the 2012 International Fire Code as adopted by the
City of El Segundo and El Segundo Fire Department Regulations. On January 1,
2017, the City will be adopting the 2016 California Residential, Building and Fire
Codes. Any project submitted after January 1, 2017 will need to comply with the
locally adopted codes of the 2016 editions.
26. The applicant must submit and have approved by the Fire Department a Fire /Life
Safety Plan, identifying fire safety precautions during demolition and construction,
emergency site access during construction, permanent fire department access, fire
hydrant locations and any existing or proposed fire sprinkler systems and fire alarm
systems prior to issuance of the building permit.
27. The applicant must provide an automatic fire sprinkler system throughout each
building, installed in accordance with California Fire Code Chapter 9 and the
currently adopted edition of NFPA 13.
28.. The building fire sprinkler systems shall have a system fire department connection
on each building, with a loop system fire department connection at each double
detector check assembly.
29. The applicant must provide the following conditions for all fire features:
a. A barrier must be provided around the fire feature to prevent accidental
access into the fire feature.
b. The distance between the fire feature and combustible material and
furnishings must meet the fire feature's listing and manufacturer's
requirements.
17
c. If the fire feature's protective barrier exceeds ambient temperatures, all
exit paths and occupant seating must be a minimum 36 inches from the
fire feature.
Police Department Conditions
The following checklist is only general guidelines on building security and crime prevention
issues from the El Segundo Police Department. Specific comments will be made upon a
formal submittal.
Lighting
30. All parking lots shall be illuminated with a maintained minimum of 1.25 footcandles
of light on the ground surface during hours of darkness.
31. The addressing, all exterior entry doors, bicycle racks and trash dumpsters shall be
illuminated with a maintained minimum of 1 footcandle of light on the ground surface
during hours of darkness.
32. Walkways in retail applications shall use light standards with lighting mounted 12 to
14 feet for a better spread of light. Bollards cannot accomplish this.
33. Lighting devices shall be enclosed and protected by weather and vandal resistant
covers.
34. A photometric study, which includes all of the above, shall be provided prior to
issuing the Building Permit. A site plan shall be provided showing buildings, parking
areas, walkways, and the point -by -point photometric calculation of the required light
levels. Foot - candles shall be measured on a horizontal plane and conform to a
uniformity ratio of 4:1 average /minimum.
35. Street lighting shall not be included in the calculations.
Doors /Hardware
36. Entry and Mechanical /Electrical /Fire doors:
a. See El Segundo Police Department Approved Security Hardware list.
Security Cameras
37. Security cameras shall be installed in all new commercial /retail establishments if
the Police Department deems it necessary due to the type of business, hours of
operation, location and propensity to crime.
38. The Police Department shall determine the monitoring and recording location of the
security cameras, which include, but are not limited to: all exterior and interior entry
doors, cash handling /counting areas, the manager's office, the safe, parking lots
im
and parking lot entries /exits and any other areas deemed necessary by the Police
Department.
39. Monitor and recording equipment shall be stored in a secure area.
40, The Police Department's minimum camera requirements shall be listed after the
Camera Specifications upon a formal submittal.
41. Camera Specifications:
• All security cameras shall be in color.
The recording equipment shall be digital and shall have a minimum of twenty one
(21) days of storage capacity.
• Cameras shall be of the highest resolution.
• There shall be a monitor connected to the recording equipment to play back and
review the video. The equipment shall be stored in a secure area.
• Security camera recordings shall be made available to law enforcement.
• The minimum security camera locations for this project shall be:
• Sufficient cameras on the exterior to cover the walkways and all exit doors.
• Sufficient cameras to cover the driveways and parking lot, capturing vehicle
occupants and license plate numbers.
Public Works
42, The applicant must ensure that encroachment permits required by the City are
secured from the Public Works Department before commencing any and all work in
the public right -of -way, including lane closure.
43. The applicant to verify if the new sidewalk along Continental Way north of
Rosecrans Avenue will include new curb & gutter. Areas of the existing curb &
gutter are broken and need to be repaired.
44. The applicant to verify if the existing curb ramps meet ADA requirements. The
existing curb ramps at the northeast corner of Apollo Street & Rosecrans Avenue
as well as existing curb ramp at the northwest corner of Continental Way &
Rosecrans Avenue appear to not meet ADA requirements. If they do not meet ADA
requirements, these existing curb ramps are to be demolished and constructed per
Standard Plans for Public Works Construction ( SPPWC) standard plan 111 -5.
45. All proposed curb ramps to be constructed per SPPWC standard plan 111 -5.
46. The applicant to verify if curb ramps are to be constructed at the existing driveway
location on Apollo Street north of Rosecrans Avenue. There appears to be a curb
along the driveway entering the site but no curb ramps at both ends of the driveway
adjacent to the sidewalk.
47. The applicant to construct new sidewalk per SPPWC standard plan 111 -5.
19
48. The applicant must provide a minimum 4' sidewalk clearance behind any sign posts,
power poles, etc.
49. The applicant to verify if existing driveway approaches meet ADA requirements. If
they do not meet ADA requirements, the existing driveways are to be demolished
and constructed per SPPWC 110 -2.
50. All proposed driveway approaches to be constructed per SPPWC standard plan
110 -2.
51. All unused driveways should be closed off with full- height curb, gutter and sidewalk
per SPPWC standards.
52. PG -64 -10 tack coat and hot mix asphalt shall be used for all slot paving required
next to new concrete installations. Slot paving shall be 3 feet wide and 1 foot deep,
consisting of 6 inches of asphalt over 6 inches of base.
53. Any existing water meters, potable water service connections, fire backflow devices
and potable water backflow devices must be upgraded to current City Water
Division standards. These devices shall be placed or relocated onto private
property.
54. The applicant must submit plans for water system upgrades to the City of El
Segundo Public Works Department for review and approval, including traffic control
plans for work in the public right -of -way.
55. The applicant shall verify if separate water meters are to be installed for individual
buildings.
56, The proposed improvement will affect the existing sewer main lines. The applicant
must submit a sewer study that shows the capacity deficiency in the affected
existing sewer lines. Necessary sewer upgrades will be determined once the sewer
study is reviewed and approved.
57. Any unused water or sanitary sewer laterals shall be abandoned and properly
capped at the City main. The contractor is to obtain necessary permits and licenses,
and provide traffic control plans and shoring plans.
58. A grading and drainage plan shall be provided and stamped by a registered civil
engineer.
59. Hydrologic and hydraulic calculations shall be submitted to size appropriate storm
drain facilities to control on -site drainage and mitigate off -site impacts. Refer to the
most recent Los Angeles County Hydrology Manual. Instructions and the manual
are available at the County website at:
y
ht�i w.l cogpt gov/wrd /Publication /iiide .cfm. Calculations shall be signed by
a registered civil engineer.
20
60. A utility plan shall be provided that shows all existing and proposed utility lines and
their sizes (sewer, water, gas, storm drain, electrical, etc.) including easements,
around the project site. The required fees will be determined based upon the
information provided on the site plan.
61, All construction - related parking must be accommodated on -site. No construction
related parking shall be permitted off -site.
62. The project shall comply with the National Pollutant Discharge Elimination System
(NPDES) requirements and shall provide Best Management Practices (BMPs) for
sediment control, construction material control and erosion control.
63. The project shall comply with the latest MS4 permit requirements.
64.. All record drawings (As -built drawings) and supporting documentation shall be
submitted to the Public Works Engineering Division prior to scheduling the project's
final inspection.
Miscellaneous Conditions
65. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and /or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the El
Segundo Municipal Code shall apply.
66, Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission, pursuant
to the provisions of the El Segundo Municipal Code.
67. In the event that any of these conditions conflict with the recommendations and /or
requirements of another permitting agency or City Department, the stricter standard
shall apply.
e8, The applicant and its successors in interest shall indemnify, protect, defend (with
legal counsel reasonably acceptable to the City), and hold harmless, the City, and
any agency or instrumentality thereof, and its elected and appointed officials,
officers, employees, and agents from and against any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies,
costs, and expenses of whatever nature, including reasonable attorney's fees and
disbursements (collectively "Claims ") arising out of or in any way relating this
project, any discretionary approvals granted by the City related to the development
of the project, or the environmental review conducted under California
Environmental Quality Act, Public Resources Code Section 21000 et seq., for the
project. If the City Attorney is required to enforce any conditions of approval, all
costs, including attorney's fees, shall be paid for by the applicant. The Applicant
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
21
the City of Segundo's elected officials, officials, officers, r •I
employees.
i !• • f r —1 1 1 I r 1 1 .i one . I vin
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the company}
P
Mitigation Monitoring and
Reporting Program
(Exhibit B to City Council Resolution No. 4994)
2171 - 2191 Rosecrans Avenue Project
Prepared by:
City of El Segundo
Planning and Building Safety Department
350 Main Street
El Segundo, CA 90245
Contact: Eduardo Schonborn, Contract Senior Planner
(310) 524 -2312
August 2016
2171 — 2191 Rosecrans Avenue Project
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the 2171 -
2191 Rosecrans Avenue project, proposed in the City of El Segundo. The purpose of the MMRP
is to ensure that for each mitigation measure recommended in the Initial Study - Mitigated
Negative Declaration (IS -MND), specifications are made herein that identify the action
required and the monitoring that must occur. In addition to ensuring implementation of
mitigation measures, the MMRP provides feedback to agency staff and decision - makers during
project implementation, and identifies the need for enforcement action before irreversible
environmental damage occurs.
The following table summarizes the mitigation measures for each issue area identified in the IS-
MND for the proposed project. The table identifies each mitigation measure; the action
required for the measure to be implemented; the time at which the monitoring is to occur; the
monitoring frequency; and the agency or party responsible for ensuring that the monitoring is
performed (i.e., a "Coordinator'). The coordinator will be responsible for ensuring that the
mitigation measures incorporated into the project are complied with during project
implementation. The coordinator will also distribute copies of the MMRP to those responsible
agencies identified in the MMRP, which have partial or full responsibility for implementing
certain measures. Failure of a responsible agency to implement a mitigation measure will not in
any way prevent the lead agency from implementing the proposed project.
In addition, the table includes columns for compliance verification. These columns will be filled
out by the monitoring agency or party and would document monitoring compliance. Where an
impact was identified to be less than significant, no mitigation measures were required.
This MMRP will be used by City staff or the City's consultant to determine compliance with
required mitigation measures.
MMRP -2 City of El Segundo
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