Loading...
CC RESOLUTION 5321RESOLUTION NO. 5321 A RESOLUTION (1) RESCINDING THE APPROVALS OF SUB NO. 14- 05, LOT TIE COVENANT NO. MISC 14-03 AND OFF -SITE PARKING COVENANT NO. MISC 14-06; (2) AMENDING CONDITIONAL USE PERMIT NO. 14-01 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING 350-ROOM HOTEL (NORTH HOTEL SITE OF THE FORMER HACIENDA HOTEL PROPERTY) IN ADDITION TO THE PREVIOUSLY APPROVED ALCOHOL SERVICE AT 525 NORTH PACIFIC COAST HIGHWAY; AND (3) APPROVING OFF -SITE PARKING FOR THE NORTH HOTEL SITE (PROJECT NO. EA-1248; MODIFICATION OF CONDITIONAL USE PERMIT NO. CUP 14-01; AND OFF -SITE PARKING). (NORTH 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. 2759 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. 2759 approved an amendment to an existing conditional use permit (CUP No. 87-01) to allow operation of a bar serving alcohol (BAR 525), and alcohol service in meeting, banquet and breakfast rooms, the pool and patio area, and alcohol sales in the hotel convenience market in the North Hotel (the amended conditional use permit is designated CUP No. 14-01), 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 213 off -site parking spaces for the North Hotel in a surface parking lot located north of Mariposa Avenue (Off -Site Parking Covenant No. MISC 14-06) 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. 14-01) for the North Hotel Site (Fairfield Inn and Suites Hotel) located at 525 Pacific Coast Highway (the "Project Site") to allow the continued use of the hotel, the continued alcohol service in the existing bar, (BAR 525), meeting, banquet and breakfast rooms, in the pool and patio area, alcohol sales in the convenience market in the hotel, 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 would 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., "CEQK) and 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. 1635m 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 RESOLUTION NO. 5321 PAGE 2of14 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: A. The North Hotel is comprised of one five -story hotel building, one nine -story hotel building, and a two-story conference center ("food and beverage building"). The existing 350-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 North Hotel site consists of six legal lots. The hotel site is located on the west side of Pacific Coast Highway and includes the northern half of the block between East Mariposa Avenue to the north, East Holly Avenue to the south and Indiana Street to the east. The North Hotel site will consist of one lot (Lot 3) after the recordation of Vesting Tentative Map No. 82806. The total lot area will be 67,487 square feet. C. The North Hotel utilizes two parking area. Currently, parking is provided through a combination of 33 on -site parking spaces and 213 off -site parking spaces at the existing hotel surface parking lot immediately north of Mariposa Avenue with three driveway access points from Pacific Coast Highway, Holly Avenue and Indiana Street. The parking at the 236-space 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. After construction of the Fairfield Parking Structure that will be located on the newly created lot immediately north of the Fairfield Inn and Suites hotel, 26 parking spaces will remain on site. The remainder of the parking will be provided off -site at the Fairfield Parking Structure with additional overflow parking provided through the Shared Use Parking Agreement. When the Pacific Coast Commons project is built out there will be parking structures on Lots 1, 4 and 5 of Vesting Tentative Map No. 82806, which will accommodate parking for the North Hotel, the South 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 North 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 North Hotel: bar; meeting, banquet and breakfast rooms, and the pool and patio area. The applicant sells beer and wine in a hotel RESOLUTION NO. 5321 PAGE 3 of 14 convenience market. Conditional Use Permit No. 14-01 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 North Hotel conditional use permit (CUP No. 14-01) to be applicable to the North Hotel and its existing associated alcohol uses (for on -site sales of beer, wine and distilled spirits and sales of beer and wine in the hotel convenience market) in order to be consistent with the conditionally permitted uses allowed with the adoption of the Pacific Coast Commons Specific Plan (PCCSP). 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 CEQA-related 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 North 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 North 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. Currently, parking is provided through a combination of 33 on -site parking spaces and 213 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 RESOLUTION NO. 5321 PAGE 4 of 14 parking covenant after the recordation of Vesting Tentative Map No. 82806. The Fairfield Inn and Suites hotel will have direct pedestrian access from the hotel lobby to an entrance to the Fairfield Parking Structure across the driveway. D. 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, the North Hotel is required to operate in compliance with the City's noise ordinance. SECTION 5: Conditional Use Permit Amendment Findings. Pursuant to ESMC § 15-23-6, the City Council finds that amending CUP No. 14-01 to allow for the continued use of the North Hotel with alcohol service is appropriate based on the following: A. The North 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 COM-3 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-3 Land Use District pursuant to a conditional use permit. The hotel including the bar are existing uses. A bar is a typical amenity for this class of hotel. The alcohol service at the existing bar, meeting, banquet and breakfast rooms, and in the outdoor pool and patio area, as well as the alcohol sales in the convenience market in the hotel 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 North 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 existing hotel has been in operation at the site for over 64 years. The proposed amendment will not change hotel operations at the North Hotel site in any significant manner. 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 North 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 North 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 North 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 North Hotel alcohol service in the existing indoor bar as well as the meeting, banquet and breakfast rooms and the alcohol sales in the hotel convenience market are screened from view and have no visual or noise impacts on other uses, including residential uses, in the RESOLUTION NO. 5321 PAGE 5 of 14 general vicinity. Outdoor alcohol service around the patio and pool area are screened from nearby residential and commercial neighbors by on -site buildings and walls. Any noise generated in the outdoor alcohol service areas are subject to ESMC Chapter 7-2 "Noise and Vibration" requirements. 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, as the site currently is developed as a hotel with alcohol service. D. The North Hotel must comply with State of California Department of Alcohol Beverage Control licensing requirements and maintain all applicable licenses. E. The North 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 North Hotel is not 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 hotel with alcohol service including 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 North 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 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)(3).). After considering the factual findings of this Resolution, the City Council continues to find that off -site parking is appropriate for the North Hotel use based on the following: A. The North Hotel is in close proximity to the off -site parking facilities. The existing off -site surface parking lot is within reasonable walking distance of the North Hotel. The south end of the surface parking lot is within 100 feet of the North Hotel lobby entrance. Additionally, after construction of the Fairfield Parking Structure, the North Hotel will meet its parking needs with 26 on -site parking spaces and the spaces provided in the Fairfield Parking Structure. Although the Fairfield Parking Structure will be located off -site as RESOLUTION NO. 5321 PAGE 6 of 14 a result of the newly created lots from the recordation of the Vesting Map No. 82806, the Fairfield Parking Structure will have direct pedestrian access across the driveway from the hotel lobby entrance on the lot to the north. B. The North Hotel has good pedestrian access to the existing off -site parking facilities. Pedestrians can easily access the off -site parking from the North Hotel on the 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. Additionally, after construction of the Fairfield Parking Structure, the North Hotel will meet its parking needs with 26 on -site parking spaces and the spaces provided in the Fairfield Parking Structure. Although the Fairfield Parking Structure will be located off -site as a result of the newly created lots from the recordation of the Vesting Map No. 82806, the Fairfield Parking Structure will have direct pedestrian access across the driveway from the hotel lobby entrance on the lot to the north. 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. Additionally, after construction of the Fairfield Parking Structure, the North Hotel will meet its parking needs with 26 on -site parking spaces and the spaces provided in the Fairfield Parking Structure. Although the Fairfield Parking Structure will be located off -site as a result of the newly created lots from the recordation of the Vesting Map No. 82806, the Fairfield Parking Structure will have direct pedestrian access across the driveway from the hotel lobby entrance on the lot to the north. 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: Actions, A. Based on the information and findings set forth above, the City Council approves the modification of Conditional Use Permit No. CUP 14-01 which authorized the service of alcohol at the North Hotel to also allow the continued operation of a 350-room hotel. The City Council further approves the use of off -site parking for the North Hotel in accordance with a Shared Use Parking Agreement. These approvals are subject to the conditions set forth in Exhibit "A". B. The City Council rescinds approval of Subdivision No. SUB 14-05, Lot Tie Covenant No. MISC 14-03, and Off -Site Parking Covenant No. MISC 14-06. SECTION 8,. Reliance on Record. Each and every one of the findings and determinations Z. 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 RESOLUTION NO. 5321 PAGE 7of14 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. PASSED, APPROVED AND ADOPTED this 15th day of March 2022. l 'rew Soy , 'Mayor ATTEST; TracyftWea City Clerk APPROVED AS TO FORM: Mark D. H nsley, City Attorney RESOLUTION NO. 5321 PAGE 8 of 14 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. 5321 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 15t" day of March, 2021, 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. OW-4 Tr cy Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5321 PAGE 9 of 14 RESOLUTION NO. 5321 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 modification of CUP No. 14-01 and approval of Off -Site Parking ("Project Conditions"): Planning Division Conditions Any subsequent modification to the North Hotel as approved, including the site plan and landscaping, must be referred to the Director of Development Services to determine if the proposed modification 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 guest parking for the multi -family residential uses located on Lots 1 and 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 Sepulveda Boulevard (now known as 629 North Pacific Coast Highway) recorded RESOLUTION NO. 5321 PAGE 10 of 14 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 Lot 2 and 3 of Vesting Tentative 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 Tentative Map No. 82806 is recorded. 5, A Reciprocal Easement Agreement shall be prepared to provide reciprocal access between Lots 3 and 4 of Vesting Tentative 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 Tentative Map No. 82806 is recorded. 6. The existing turnout area on Pacific Coast Highway must be designated as the loading zone for the North Hotel. 7. The applicant must maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.). The applicant must continue to maintain all applicable licenses at the site. 8. Hours of operations for alcohol service at the North Hotel is limited to the hours between 6 a.m. and 2 a.m. daily. 9. Taxicab phone numbers must be posted in a conspicuous location at all times in the area(s) where alcohol is served to customers. 10. 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. 11. 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. 12. 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 establishment to address any concerns of the community regarding noise at the North Hotel. Said contact's name and phone number must also be available through hotel staff at all times. 13. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10") in the service area of the "food and beverage" RESOLUTION NO. 5321 PAGE 11 of 14 building. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non -drinking driver. 14. 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. 15. 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. 1& 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. Building Safety Division Conditions 17, The project is required to comply with storm water requirements per NPDES Permit No. CAS0040001 Order Number R4-2021-0105 Public Works Department Conditions 18. The applicant must provide a water service connection and water meter for each parcel. 19. The project must comply with ESMC Chapter 5-4 regarding MS4 permit requirements. RESOLUTION NO. 5321 PAGE 12 of 14 Police Department Conditions 20. 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. 21. 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. 22. A sign that identifies the location is private property and that no trespassing is allowed must be installed at the entrance of the pool. 23. 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. 24. Cameras recording driveways and driving surfaces must monitor and record vehicle occupants and vehicle license plate number as they enter/exit. 25. Any security cameras must meet the City's minimum camera specifications and requirements as determined by the Police Chief, or designee. 26. The location and number of exterior mounted ladders are subject to Police Chief, or designee's, review and approval. Fire Department Conditions 27. 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. 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. 28. The applicant must provide for a central control station for Fire Department operations in the North Hotel. The rooms must comply with California Fire Code 915.4, as adopted by the ESMC. RESOLUTION NO. 5321 PAGE 13 of 14 Miscellaneous Conditions 29. 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 14-01 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 14-01 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. 30. The Planning Commission is authorized to hear and act upon future applications for amendments to Conditional Use Permit 14-01 and the off -site parking approval. 31. The release of Lot -Tie Covenant MISC No. 14-03 for the parking lot at 629 North Pacific Coast Highway may not be recorded until Vesting Tentative Map No. 82806 is recorded. 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, Brian Kaufman, on behalf of BRE El Segundo Property Owner A 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. Brian KaufY, 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. 5321 PAGE 14 or 14