CC RESOLUTION 5017 RESOLUTION NO. 5017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT NO. EA-1158 AND ADOPTING PRECISE PLAN
AMENDMENT NO. PPA 16-01 TO AMEND PRECISE PLAN 71-2 AND 71-
3 TO ALLOW A DOUBLE LANE DRIVE-THROUGH AT 101 SOUTH
SEPULVEDA BOULEVARD IN THE HEAVY INDUSTRIAL (M-2) ZONE.
PETITIONED BY MCDONALD'S CORPORATION.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On August 17, 2016, McDonald's Corporation filed an application for
Environmental Assessment No. EA-1158 and Precise Plan Amendment No.
PPA 16-01 for a second amendment to Precise Plan 71-2/71-3 (originally
referred to as Precise Plan 8) to allow the conversion of an existing single
lane drive-through to a double lane drive-through at a McDonald's
restaurant within the Heavy Industrial (M-2) Zone located at 101 South
Sepulveda Boulevard.
B. The application was reviewed by the City's Planning and Building Safety
Department for consistency with the General Plan and conformity with the
El Segundo Municipal Code ("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. On December 8, 2016, the Commission held a public hearing to receive
public testimony and other evidence regarding the application including,
without limitation, information provided to the Commission by City staff and
public testimony, and representatives of McDonald's Corporation.
Following the public hearing, the Planning Commission adopted Resolution
No. 2808 recommending that the City Council approve the project;
E. On February 7, 2017, the City Council held a duly advertised public hearing
to receive public testimony and other evidence regarding the application
including, without limitation, information provided to the City Council by City
Staff and public testimony;
F. The City Council considered the information provided by City Staff and
public testimony. This Resolution, and its findings, are made based upon
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the evidence presented at the Planning Commission at its February 7, 2017
hearing including the staff reports 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 Heavy Industrial (M-2)Zone on a 1.27-acre
portion of a larger 625.24-acre section of the Chevron Oil Refinery located
at 101 South Sepulveda Boulevard.
B. The surrounding land uses consist of a three-story office/research and
development building across El Segundo Boulevard to the northwest, the
22 story Pacific Corporate Towers, containing approximately 1,683,056
square feet of office uses, to the northeast, a single-story commercial
shopping center across Sepulveda Boulevard to the east, and the
surrounding area to the west and south is developed as the Chevron Oil
Refinery, with an employee park and fitness center adjacent to the project.
C. The existing development and uses were approved in 1971 under Precise
Plan 71-2 and 71-3 and an amendment in 1997 (EA-394 and PP 97-2). The
1997 Amendment specified that "[t]he development standards for Precise
Plan 8 are those set forth in the plans for the proposed project," which
depicted a single-lane drive-through.
D. The subject site is developed with a 12-pump Chevron service station, a
3,342-square foot McDonald's fast food restaurant with a single lane drive-
through, and a 1,736-square foot Chevron foodmart integrated into the
restaurant building.
E. Vehicular access for the project site is provided by three existing driveways
on Sepulveda Boulevard and one existing driveway on El Segundo
Boulevard. A previously approved parking demand study determined 45
parking spaces would be required for the restaurant and foodmart. The
project will provide 62 parking spaces, including 59 standard and 3
accessible spaces.
F. The proposed project would amend the existing Precise Plan to allow a
double lane drive-through.
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SECTION 3: Environmental Assessment. Based upon the facts identified in Section 2 of
this Resolution and the evidence presented, the City Council finds that the proposed
project is exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to 14 California Code of Regulations §15301 which identifies the project
as a Class 1 exemption (Existing Facilities) and § 15304 as a Class 4 categorical
exemption (Minor Alterations to Land). The project consists of a Precise Plan
Amendment that will allow the conversion of an existing single lane drive-through to a
double lane drive-through at drive-through restaurants in the Heavy Industrial (M-2)Zone.
The proposed project would result in negligible expansion of the existing use and includes
minor alterations to landscaping that do not involve removal of healthy, mature, and/or
scenic trees. Furthermore, the site has no value as a habitat for endangered, rare, of
threatened species. There are adequate utilities and public services to serve the project.
The project is consistent with the City's General Plan and Zoning Code, and is not
anticipated to have any significant impacts with regard to traffic, noise, air quality, or water
quality.
SECTION 4: General Plan and Zoning. The proposed project conforms with the City's
General Plan and the zoning regulations in the ESMC as follows:
A. The General Plan Land Use Designation of the project site is Heavy
Industrial. The proposed project is consistent with the following General
Plan Economic Development objectives and policies: Objective ED1-1 and
Policies ED1-2.1 and ED 1-2.3, which relate to the maintenance and
expansion of El Segundo's economic base.
B. The proposed project is consistent with the following General Plan Land Use
policies: LU 1-5.6, LU 4-1.1, and LU 4-1.2, which relate to conformance with
City zoning standards and guidelines for the implementation of CEQA,
requiring landscaping and its maintenance for commercial projects, and
compliance with Health and Safety Code requirements.
C. The proposed project is consistent with the following General Plan Circulation
goals, objectives, and policies: C 1-2 and C 2-1, C 3-1, Goal C-1, and Policy
C 3-2.1, which relate to the provision of a circulation system to ensure safety
of residents, workers, and visitors of El Segundo and the consideration of
circulation impacts.
D. The proposed project is consistent with the General Plan Air Quality
Objective AQ-10-1 which relates to the control of particulate emissions.
E. The site is zoned Heavy Industrial (M-2), which permits drive-through
restaurants, service stations, and foodmarts with the approval of a
Conditional Use Permit (CUP). However, because the 1997 Amendment to
the Precise Plan specified that "[t]he development standards for Precise
Plan 8 are those set forth in the plans for the proposed project," which
depicted a single-lane drive-through, an amendment to the precise plan is
required.
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SECTION 5: Approval. The City Council hereby approves and adopts the following
amendments to Precise Plan 8 subject to the attached Conditions of Approval:
That double lane drive-throughs are permitted under the Precise Plan. Any
proposed modification to the existing single-lane drive through must comply
with ESMC § 15-15-5(Q) which (1) allows drive-through lanes to encroach into
required landscaped setbacks up to a maximum of 50% of the required
setback; (2) provides that drive-through lanes must not interfere with on-site
and off-site circulation and (3) requires drive-throughs maintain a minimum
continuous length of 150 feet for an eating and drinking establishment.
SECTION 6: Reliance on Record. Each and every one of the findings and determinations
in this Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the City Council
in all respects and are fully and completely supported by substantial evidence in the
record as a whole.
SECTION 7: 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 such summary is not an indication that a particular
finding, is not based in part on that fact.
SECTION 8: This Resolution will become effective immediately upon adoption and will
remain effective until superseded by a subsequent resolution.
SECTION 9: A copy of this Resolution must be mailed to McDonald's Corporation and
Chevron USA Inc., and to any other person requesting a copy.
PASSED, APPROVED AND ADOPTED RESOLUTION No. 5017, this 7th day of
February, 2017.
Suzan ie Fuentes, Mayor
ATTEST:
Tracy Weaver, ity Clerk
APPROVED AS TO FORM:
MarPkD. H ttorney
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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. 5017 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 7th day of February, 2017, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Brann, Council
Member Dugan, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 7th day of March, 2017.
�v
Tracy heave , City Clerk
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CITY COUNCIL RESOLUTION NO. 5017
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"),
McDonald's Corporation and Chevron USA Inc. agree to comply with the following
provisions as conditions for the City of El Segundo's approval of Environmental
Assessment No. EA-1158 and Precise Plan Amendment No. PPA 16-01, ("Project
Conditions"):
Planning Division Conditions
1. Before the City issues a building permit, the applicant must submit plans
which show that the Project substantially complies with plans and conditions
approved and on file with the Planning and Building Safety Department. Any
subsequent modification to the approved Project must be referred to the
Planning and Building Safety Director to determine whether Planning
Commission approval is required for the proposed modification.
2. Any subsequent modification to the project as approved must be referred to
the Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
1 A complete Landscape Plan and Irrigation Plan must be submitted for the
review and approval of the Director of Planning and Building Safety. The
Landscape and Irrigation Plan must have a planting schedule and description
of the proposed irrigation system. The proposed Landscape and Irrigation
Plan must meet the requirements of ESMC §§ 15-4C-6 and 15-4C-5(I)
regarding Open Space and Landscaping. The Landscape Plan and Irrigation
Plan must also meet the Water Conservation in Landscaping requirements in
ESMC §§15-1-6, 15-2-14, and 15-15A (Ordinance No. 1515).
4, Prior to the issuance of a Certificate of Occupancy, the applicant must submit
a Master Sign Program to ensure compatibility with the surrounding area and
the aesthetic objectives of the General Plan, as well as ensure sign do not
impede traffic or pedestrian safety. The Master Sign Program is subject to
approval of the Director of Planning and Building Safety, or their designee.
5. All conditions of approval contain in Resolution No. 4028, adopted by the City
Council on July 24, 1997, will remain in effect.
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Buildinq Safety Division Conditions
& The applicant must comply with the ESMC, the applicable State Water
Conservation requirements, the 2013 edition of the California Building Code
(CBC), as amended by the City of El Segundo, the California Residential
Code, California Electrical Code, California Mechanical Code, California
Plumbing Code, California Green Building Standards and Building Energy
Efficiency Standards.
7. Before the City issues building permits, the applicant must submit plans
stamped by a State-licensed architect or engineer to the Planning and
Building Safety Division for review and approval. Building Safety Division staff
will determine if the plans must include demolition, complete structural
calculations, details, notes and material specifications.
Fire Department Conditions
8. The applicant must comply with the applicable requirements of the 2013
California Building and Fire Codes and the 2013 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 Building Standards. For projects submitted for plan review after
January 1, 2017, the 2016 California Editions apply.
Construction Conditions
9. The applicant must keep soil stockpiled for two days or more covered, moist,
or treated with soil binders to prevent dust generation.
10. The applicant must cover or maintain two feet of free board on any stock pile
of debris, dirt or rusty materials on-site.
11. All haul trucks hauling soil, sand, and other loose materials must either be
covered or maintain two feet of freeboard.
12. The owner or contractor must conduct daily street sweeping and truck wheel
cleaning to prevent dirt in the storm drain system.
13. All diesel equipment must be operated with closed engine doors and must be
equipped with factory-recommended mufflers.
14. The applicant must provide a telephone number for local residents to call to
submit complaints associated with the construction noise. The number must
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be posted on the project site and must be easily viewed from adjacent public
areas.
15. All construction-related parking must be accommodated on-site, No
construction related parking is permitted off-site.
Miscellaneous Conditions
16. McDonald's Corporation c/o Lorraine Fortelka, Senior Counsel, and Chevron
USA Inc. c/o Jacqueline McGinnis, Real Property Officer, agree 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, EA-1158 and
Precise Plan Amendment No, PPA 16-01. 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. EA-1158 and Precise Plan Amendment No.
PPA 16-01, McDonald's Corporation c/o Lorraine Fortelka, Senior Counsel,
and Chevron USA Inc. c/o Jacqueline McGinnis, Real Property Officer agree
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 F_I Segundo's elected officials, appointed officials,
officers, and employees,
By signing this document, McDonald's Corporation c/o Lorraine Fortelka, Senior Counsel,
and Chevron LISA Inc. c/o ,Jacqueline McGinnis, Real Property Officer certify that they
have read, understood, and agrees to the Project Conditions listed in this document.
McD'on aId's Corpr r° 'on c/o rraine"Fortelka, Senior Counsel
oP.m.U Inc, olo-dac. i -i e ..®
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pis-; Real Property Officer
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cif Corporation or similar entity, needs two officer signatures or evidence that one
signature binds the company)
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