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CC RESOLUTION 5320RESOLUTION NO. 5320 A RESOLUTION AMENDING CONDITIONAL USE PERMIT NO. 14-02 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING 246- ROOM HOTEL IN ADDITION TO THE PREVIOUSLY APPROVED ALCOHOL SERVICE AT 475 NORTH PACIFIC COAST HIGHWAY AND APPROVING OFF -SITE PARKING FOR THE SOUTH HOTEL SITE (PROJECT NO. EA-1248; AMENDMENT OF CONDITIONAL USE PERMIT CUP NO. 14-02; AND OFF -SITE PARKING). (SOUTH HOTEL) The City Council of the City of El Segundo does resolve as follows: SECTION 1: The Commission finds and declares that: A. On October 9, 2014 the Planning Commission approved Resolution No. 2760 approving an application to modify the then 619-room Hacienda Hotel into two hotels, a 350-room north hotel site (the "North Hotel") and a 246- room south hotel site ("the South Hotel"). Along with approving this modification, Resolution No. 2760 approved a conditional use permit to allow operation of a bar serving alcohol and alcohol service in meeting spaces, the patio, and pool area in the South Hotel (CUP No. 14-02), a tentative map to reconfigure the existing lots into two separate parcels for the North Hotel and South Hotel (SUB No. 14-05), an off -site parking covenant to permit 23 off - site parking spaces for the South Hotel in surface parking lot located north of Mariposa Avenue (Off -Site Parking Covenant No. MISC 14-02) and a lot - tie covenant holding the existing three parcels underlying the existing off -site parking lot as one property for parking purposes (Lot Tie Covenant No. MISC 14-03). The property owner never recorded the map. B, Subsequent to the approvals listed above, the property was sold on May 13, 2019. BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC and BRE El Segundo Parking LLC (collectively "BRE") filed several applications to develop the hotel properties with a mixed -use development known as the Pacific Coast Commons Specific Plan. Under the proposed Specific Plan hotels would be allowed as a conditionally permitted use. BRE's application includes a request to amend the existing Conditional Use Permit (CUP No. 14-02) for the South Hotel Site (Aloft Hotel) located at 475 Pacific Coast Highway (the "Project Site") to allow the continued use of the hotel, the continued alcohol service in the existing bar/lounge area, conference room and multi -purpose rooms, and pool deck and outdoor patio and the modification of the off -site parking. C. The Pacific Coast Commons Specific Plan Project (the "Project") includes a Vesting Tentative Map. (No. 82806) that will combine the 12 existing parcels comprising the hotel properties into 4 parcels and create two parcels at the north parking lot site that is currently comprised of 3 parcels held together by a lot -tie covenant. Additionally, the Project proposes a Shared Parking Agreement in conjunction with a Parking Demand Study and Shared Parking Analysis to establish the parking requirements among the various uses. D. The Project includes the discretionary actions contemplated herein and all of the discretionary actions required for the Project are collectively identified as Environmental Assessment No. EA-1248. E. The Project has been reviewed by the City's Development Services Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ("ESMC"); F. In addition, the City reviewed the Project's potential 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"); G. The Development Services Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for November 18, 2021; along with consideration of all the approvals required for the Pacific Coast Commons Specific Plan Project including Environmental Assessment No. EA-1248, H. On November 18, 2021, December 9, 2021 and February 10, 2022, the Planning Commission held duly -noticed public hearings at the conclusion of which the Planning Commission adopted Resolution 2906 recommending the City Council certify the EIR, adopt a mitigation monitoring and reporting program, make findings of fact, adopt a statement of overriding considerations, and approve the Project; The City Council of the City of El Segundo held a duly -noticed public hearing on March 15, 2022 to review and consider the Project, receive public testimony, and review all of the evidence in the administrative record. At the conclusion of the public hearing, the City Council adopted Resolution No. 5319 and introduced Ordinance No. 1635 certifying the EIR, adopting a mitigation monitoring and reporting program, making findings of fact, adopting a statement of overriding considerations, and approving the Project; and J. This Resolution, and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its March 15, 2022 public hearing including, without limitation, the staff reports submitted by the Development Services Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist: RESOLUTION NO. 5320 Page 2 of 14 A. The existing nine -story, 246-room hotel will be located in the Pacific Coast Commons Specific Plan (PCCSP) Zone upon adoption of the Pacific Coast Commons Specific Plan. B. The South Hotel site consists of six legal lots. The hotel site is located on the west side of Pacific Coast Highway and includes the southern half of the block between East Mariposa Avenue to the north, East Holly Avenue to the south and Indiana Street to the east. The South Hotel site will consist of one lot (Lot 2) after the recordation of Vesting Tentative Map No. 82806. The total lot area will be 39,425 square feet. C. The South Hotel utilizes two parking areas. The existing off-street parking area located immediately to the south of the hotel lobby entrance is fully developed with a surface parking lot containing 175 parking stalls and three driveway access points from Pacific Coast Highway, Holly Avenue and Indiana Street. The parking area will become Lot 1 of Vesting Tentative Map No. 82806. Parking for the South Hotel also includes the use of 23 parking spaces through a parking covenant on a lot located on the west side of Pacific Coast Highway in the block between East Mariposa Avenue to the south and East Palm Avenue to the north comprised of 236 parking spaces. This off -site parking lot will become Lot 5 of Vesting Tentative Map No. 82806. When the Pacific Coast Commons project is built out there will be parking structures on Lots 1, 4 and 5 which will accommodate parking for the South Hotel, the North Hotel, other commercial uses and the multiple - family residential development. A Shared Use Parking Agreement will be recorded to share parking for any overflow needs for the hotel, other commercial uses, and multiple -family residential guest parking within the Pacific Coast Commons Specific Plan. D. The South Hotel includes an existing bar with alcohol service. The applicant sells a full -line of alcoholic beverages for consumption in the following locations in the South Hotel: bar and lounge area of the south hotel lobby; outdoor patio and pool deck area; three pool adjacent hotel suites; ground - floor multipurpose rooms and two meeting rooms on the second floor. Conditional Use Permit No. 14-02 for alcohol service runs with the land and will continue to allow sales between the hours of 6 a.m. and 2 a.m. daily. The applicant has a California Department of Alcoholic Beverage Control for a Type 47 license (on -site beer, wine and distilled spirits). E. The Project includes a request to amend the existing South Hotel conditional use permit (CUP No. 14-02) to be applicable to the South Hotel and its existing associated alcohol uses in order to be consistent with the conditionally permitted uses allowed with the adoption of the Pacific Coast Commons Specific Plan (PCCSP). RESOLUTION NO. 5320 Page 3 of 14 SECTION 3: Environmental AssessmenUCalifornia Environmental Quality Act. The CUP and the Off -Site Parking modifications set forth in this Resolution were part of the overall Pacific Coast Commons Project analyzed as part of EA-1248. An environmental impact report was prepared for the project and, by separate resolution (Resolution No. 2905), the City Council certified the Final Environmental Impact Report, adopted a mitigation monitoring and reporting program, made findings of fact, and adopted a statement of overriding considerations. The findings, conclusions, and actions set forth in Resolution No. 5319 are incorporated herein by reference. SECTION 4: General Plan Findings. The City Council finds that the changes approved by this Resolution will further the goals, policies, and objectives of the General Plan and will not obstruct their attainment. Specifically: A. The hotel use and alcohol use are existing uses and are conditionally permitted in the Pacific Coast Commons Specific Plan. B. The hotel use is consistent with Economic Development Element Policy ED 1-2.2 to "maintain and promote land uses that improve the City's tax base, balancing economic development and quality of life goals." The existing renovated hotel facility has resulted in a site that improves the City's tax base because the hotel is a more attractive destination to visitors, which has improved occupancy and room rates. The South Hotel contributes to the City's quality of life as it improves the appearance of existing hotel buildings located on Pacific Coast Highway, the City's major commercial corridor. C. The South Hotel is consistent with Circulation Element Policy C2-2.2 to "encourage new development to provide facilities for bicyclists to park and store their bicycles and provide shower and clothes changing facilities at or close to the bicyclist's work destination." The South Hotel includes existing bicycle parking. D. The South Hotel is consistent with Circulation Element Objective C3-2 to "ensure the consideration of the impacts of land use decisions on the City's parking situation." The project will provide parking in compliance with the parking requirements established in the Pacific Coast Commons Specific Plan and the Parking Demand Study and Shared Use Analysis for the hotel and other planned uses through a combination of off -site parking provided immediately to the south of the hotel lobby entrance with an additional off - site parking spaces at the existing hotel surface parking lot north of Mariposa Avenue. The parking at the surface parking lot north of Mariposa is provided through an off -site parking covenant. A Shared Use Parking Agreement will replace the off -site parking covenant after the recordation of Vesting Tentative Map No. 82806. E. The Project will further Noise Element Objective N1-2 "to ensure that City residents are not exposed to stationary noise levels in excess of El Segundo's Noise Ordinance standards." Pursuant to ESMC § 7-2-1 he South Hotel is required to operate in compliance with the City's noise ordinance. RESOLUTION NO. 5320 Page 4 of 14 SECTION 5: Conditional Use Permit Amendment Findings. Pursuant to ESMC § 15-23-6, the City Council finds that amending CUP No. 14-02 to allow for the continued use of the South Hotel with alcohol service is appropriate based on the following: A. The South Hotel with alcohol service meets the objectives of ESMC Title 15 and the purposes of the zone in which the site is located. The PCC COW Land Use District in the Pacific Coast Commons Specific Plan (PCCSP) Zone allows for a hotel as a conditionally permitted use. A bar serving alcohol is a typical accessory use in a hotel and is also allowed in the PCC COM-1 Land Use District pursuant to a conditional use permit. The hotel including the bar are existing uses. The 25-foot long bar in the lobby area of the South Hotel is a typical amenity for the class of hotel. The alcohol service area of the bar/lobby lounge, conference and multi -purpose rooms, pool deck and patio areas and three guest rooms is appropriate for a hotel use. Therefore, the proposed location meets the objectives of the Pacific Coast Commons Specific Plan (PCCSP) Zone and Title 15. B. The South Hotel and the continued service of alcohol will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The alcohol serving bar use was reviewed by the City's Police and Fire Departments. Both Departments recommended conditions of approval incorporated into this Resolution. The bar must be operated in a manner consistent with the conditions of approval as well as with ESMC noise and nuisance standards. The alcohol service proposed for the South Hotel will be the same as existing operating conditions. Compliance with project conditions of approval, ABC requirements and ESMC noise and nuisance requirements will result in a conditional use not detrimental to public health, safety and welfare. C, The South Hotel and the continued service of alcohol will comply with each of the applicable provisions of ESMC Chapter 15-23. The bar serving alcohol in the South Hotel is compatible with the hotel use at the site. The existing hotel has been in operation approximately 64 years and has had alcohol service over this time. The South Hotel indoor bar/lounge areas as well as alcohol service in conference room and multi -purpose rooms will be screened from view and have no visual or noise impacts on other uses, including residential uses, in the general vicinity. Outdoor alcohol service around the pool deck and patio are screened from nearby residential and commercial neighbors by on -site structures and walls. Any noise generated in the outdoor alcohol service areas are subject to ESMC Chapter 7-2 "Noise and Vibration" requirements. Failure to comply with ESMC noise requirements could result in the Director imposing additional restrictions on outdoor alcohol service, such as limitations on hours of outdoor alcohol service and where outdoors alcohol may be served. Continued non- compliance with ESMC noise and nuisance requirements could result in revocation of the conditional use. Impacts such as smoke, dust, or fumes are not associated with the requested conditional use. Furthermore, the use will generate traffic generally consistent with the existing operation of the site, RESOLUTION NO. 5320 Page 5 of 14 as the site currently is developed as a hotel with alcohol service. D. The South Hotel must comply with State of California Department of Alcohol Beverage Control licensing requirements; the South Hotel has a Type 47 ABC license before operating alcohol service at the hotel. E. The South Hotel with alcohol service is compatible with the particular use of the site and with other existing and potential uses in the general area. The long-established hotel use at the site is compatible with alcohol service. The hotel with alcohol service has been operating at the site for approximately 64 years and a hotel is a compatible use for a major commercial thoroughfare. The alcohol service operations at the South Hotel is different from current hotel operations at the site. Indoor alcohol service will have no impact or adjacent residential properties. Outdoor alcohol service will be screened from adjacent residential properties. F. The use is consistent and compatible with the purpose of the PCCSP Zone in that this zone allows for a range of commercial uses such as office, hotels, restaurants, retail, and on -site and off -site alcohol sales. A bar serving alcohol is consistent with the purpose of this commercial zone and is compatible with other existing hotel, retail and restaurant uses in the area, some of which also sell alcohol. G. The South Hotel with alcohol service will not be operated or maintained in a way detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. As discussed in Finding No. 5.13 above, the Project was reviewed by the City's Police and Fire Departments, the Project was conditioned to avoid impacts and the Project is required to meet ESMC and Building Code requirements regarding noise and safety. SECTION 6: Off -Site Parking Approval Findings (ESMC § 15-15-3(H)(4).). After considering the factual findings of this Resolution, the City Council continues to find that off -site parking is appropriate for the South Hotel use based on the following: A. The South Hotel is in close proximity to the current off -site parking facilities. The off -site surface parking lot is within reasonable walking distance of the South Hotel site. The south end of the surface parking lot is within 700 feet from the South Hotel lobby entrance. Vehicle access to the off -site parking from the South Hotel site can occur by travelling northbound on either Illinois Street or Indiana Street. B. The Project has good pedestrian access to the off -site parking facilities. Pedestrians can easily access the off -site parking from the South Hotel on the Illinois Street or Pacific Coast Highway sidewalk. The intersection of Pacific Coast Highway and Mariposa Avenue has a controlled crosswalk and the off -site parking area is located less than 100 feet from the north end of this crosswalk. The parking lot can be accessed from both Mariposa Avenue and Pacific Coast Highway. RESOLUTION NO. 5320 Page 6 of 14 C. There is no need for transportation to and from this off -site parking facilities because of the close proximity of the parking lot to the hotel. After construction of the PCC South Site residential and commercial mixed -use development, the off -site parking will be primarily located in the new parking structure on the lot immediately adjacent to the hotel (PCC South Site/Lot 1 of Vesting Map No. 82806). The entrance to the parking structure will be immediately adjacent to the south of the hotel lobby. Additionally, overflow parking will be accommodated in the existing off -site parking located in the new Fairfield Parking structure and the current off -site parking location north of the Fairfield Hotel (currently a paved parking lot which will be replaced with a residential and commercial mixed -use development and new parking structure). D. Hotel parking is an appropriate use type for off -site parking. Hotel parking is typically low turnover with guests leaving cars parked overnight and leaving the site for extended periods with infrequent travel to and from the site. SECTION 7: Action. Based on the information and findings set forth above, the City Council approves the modification of Conditional Use Permit No. CUP 14-02 which authorized the service of alcohol at the South Hotel to also allow the continued operation of a 246-room hotel. The City Council further approves the use of off -site parking for the South Hotel in accordance with a Shared Use Parking Agreement. These approvals are subject to the conditions set forth in Exhibit "A". SECTION 8: 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. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 9: 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. SECTION 10: Operative Date. This Resolution shall take effect immediately upon the effective date of Ordinance No. 1635 approving the Zone Change, Zone Text Amendment, Zoning Map Amendment, Pacific Coast Commons Specific Plan, and related development agreement for the Pacific Coast Commons Project. The adoption and effectiveness of Ordinance No. 1635 are conditions precedent to this Resolution taking effect. SECTION 11: The City Clerk is directed to certify the adoption of this Resolution, RESOLUTION NO. 5320 Page 7 of 14 PASSED, APPROVED AND ADOPTED this 15t" day of March 2022. Drew Boyl-JoKbr ATTEST: O�� I A Tracy Weave, City Clerk APPROVED AS TO FORM: W Mark D.Iiensley, City Attorney RESOLUTION NO. 5320 Page 8 of 14 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO 9 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. 5320 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 15t" day of March, 2022, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of March, 2022. ('�*a J� cy Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5320 Page 9 of 14 RESOLUTION NO. 5320 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC and BRE El Segundo Parking LLC agree to comply with the following provisions as conditions for the City of El Segundo's approval of an amendment to CUP No. 14-02 and of the approval of Off -Site Parking, ("Project Conditions"): Planning Division Conditions Any subsequent modification to the South Hotel as approved, including the site plan and landscaping, must be referred to the Director of Development Services to determine if the proposed modification is in compliance with the Pacific Coast Commons Specific Plan. 2. The final irrigation plans must comply with the following: a. Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). b, Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. 3. A Shared Use Parking Agreement shall be prepared and reviewed and approved by the Director of Development Services and the City Attorney. The Shared Use Parking Agreement will grant Lots 1 through 5 of Vesting Map No. 82806 rights to shared use of parking provided on Lots 1, 4 and 5 of Vesting Map No. 82806. The shared parking will be permitted for all commercial uses, including hotel uses, and the guest parking for the multi -family residential uses that is located on Lot 1 and Lot 5 of Vesting Map No. 82806. Guest parking for the townhomes that are located on Lot 6 will be provided on Lot 5 of Vesting Map No. 82806. The Shared Use Parking Agreement will rescind "Covenant and Agreement Regarding Maintenance and Use of Off -Site Parking" for property commonly known as 629 North Sepulveda Boulevard (now known as 629 North Pacific Coast Highway), recorded on July 1, 2015, as Instrument No. 20150792117, of Official Records, Recorder's Office of the County of Los Angeles, California. The Shared Use Parking Agreement will rescind "Covenant and Agreement Regarding Maintenance of Parking Site" for property commonly known as 629 North RESOLUTION NO. 5320 Page 10 of 14 Sepulveda Boulevard (now known as 629 North Pacific Coast Highway) recorded on April 1, 2015, as Instrument No. 20150351986, of Official Records, Recorder's Office of the County of Los Angeles, California. 4. A Reciprocal Easement Agreement shall be prepared to provide reciprocal access between Lots 1 and 2 of Vesting Tract Map No. 82806 and reciprocal access to the public rights -of -way of Pacific Coast Highway and Indiana Street. The Reciprocal Easement Agreement shall be reviewed and approved by the Director of Development Services and the City Attorney. The Reciprocal Easement Agreement shall not be recorded until the final map for Vesting Map No. 82806 is recorded. 5. A Reciprocal Easement Agreement shall be prepared to provide reciprocal access between Lot 2 and 3 of Vesting Map No. 82806 and reciprocal access to the Indiana Street public right-of-way. The Reciprocal Easement Agreement shall be reviewed and approved by the Director of Development Services and the City Attorney. The Reciprocal Easement Agreement shall not be recorded until the final map for Vesting Map No. 82806 is recorded. 6. The Director of Development Services, or designee, can impose additional restrictions regarding the South Hotel building facade accent lighting if this lighting is found to have adverse impacts on adjacent residential neighbors. Additional restrictions may include, but are not limited to, time restrictions on when the lighting can be turned on and/or a reduction in the intensity of the lighting. 7. The applicant must obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.). The applicant must obtain and maintain a Type 47 license. 8. Hours of operations for alcohol service at the South Hotel is limited to the hours between 6 a.m. and 2 a.m. daily. 9. Locations where alcohol service is permitted outdoors, must comply with ESMC §§ 7-2-1, et seq., regulating noise and vibration. 10, Taxicab phone numbers must be posted in a conspicuous location at all times in the area(s) where alcohol is served to customers. 11. The premises must be maintained in a litter and graffiti -free manner. Any graffiti that appears on the premises must be removed within 48 hours. 12. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 13, The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the RESOLUTION NO. 5320 Page 11 of 14 establishment to address any concerns of the community regarding noise at the South Hotel. Said contact's name and phone number must also be available through hotel staff at all times. 14. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10") in the bar at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver. 15. There shall not be exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior also violate this condition. 16. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 17. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Long Beach/Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC -issued certificate; or b. Completed an accepted equivalent by the ABC, Long Beach/Lakewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age; c. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then the ABC -licensed proprietors must have confirmed with the Development Services Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 1 & If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service or the operations of the South Hotel, the Director of Development Services, or Police Chief, may take action to review the Conditional Use Permit, including without limitation, adding conditions or revoking the permit pursuant to ESMC Title 7 (Nuisances and Offenses) and ESMC §15-23-12. RESOLUTION NO. 5320 Page 12 of 14 Building Safety Division Conditions 19. The project is required to comply with storm water requirements per NPDES Permit No. CAS0040001 Order Number R4-2021-0105. Public Works Department Conditions 20. The applicant must provide a water service connection and water meter for each parcel. 21. The project must comply with ESMC Chapter 5-4 regarding MS4 permit requirements. Police Department Conditions 22. Street addressing must be a minimum of 6 inches tall, visible from the street or driving surface, of contrasting color to the background and directly illuminated during hours of darkness. 23. A safe for use by the hotel operator must be installed in a secured location and must be anchored. The location and anchoring is subject to review and approval by the Police Chief, or designee. 24, A sign that identifies the location is private property and that no trespassing is allowed must be installed at the entrance of the pool. 25, A minimum security camera plan must be prepared for the hotel building. The number of cameras and the locations of cameras are subject to Police Chief, or designee, review and approval. Monitoring and recording equipment must be stored in a secured area. 26. Cameras recording driveways and driving surfaces must monitor and record vehicle occupants and vehicle license plate number as they enter/exit. 27. Any security cameras must meet the City's minimum camera specifications and requirements as determined by the Police Chief, or designee. 28, The location and number of exterior mounted ladders are subject to Police Chief, or designee's review and approval. Fire Department Conditions 29. The applicant must provide the following conditions for any fire features; a. A barrier must be provided around the fire feature to prevent accidental access into the fire feature. RESOLUTION NO. 5320 Page 13 of 14 b. The distance between the fire feature and combustible material and furnishings must meet the fire feature's listing and manufacturer's requirements. 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. 30. The applicant must provide for a central control station for Fire Department operations in the South Hotel. The rooms must comply with California Fire Code 915.4, as adopted by the ESMC. Miscellaneous Conditions 31. BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC and BRE El Segundo Parking LLC 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 modification of Conditional Use Permit No. CUP 14-02 and re -approval of Off -Site Parking. 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 modification of Conditional Use Permit No. CUP 14-02 and re -approval of Off -Site Parking, 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 the City of El Segundo's elected officials, appointed officials, officers, and employees. 32. The Planning Commission is authorized to hear and act upon future applications for amendments to Conditional Use Permit No. 14-02 and the off -site parking approval. AFFIDAVIT OF ACCEPTANCE OF CONDITIONS OF APPROVAL Brian Kaufman warrants that he is duly authorized to sign this Affidavit of Acceptance and to bind BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC and BRE El Segundo Parking LLC to the same. By signing this document, Patrick Volz, on behalf of BRE El Segundo Property OwnerA LLC, BRE El Segundo Property Owner B LLC and BRE El Segundo Parking LLC, certifies that he has read, understood, and agrees to the Project Conditions listed in this document. 3V Brian Kaufm , Managing Director and Vice President BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE El Segundo Parking LLC RESOLUTION NO. 5320 Page 14 of 14