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CC RESOLUTION 4063RESOLUTION NO. 4063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND A MITIGATION MONITORING PROGRAM FOR DEVELOPMENT AGREEMENT NO. DA 98 -1 (EA -430) FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF RECITALS WHEREAS, the project applicant, MS Vickers II, LLC ( "Owner "), owns certain real property, 23.03 acres in size, generally located along the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard (the "Property "), in the City of El Segundo ( "City"). The Property is bounded on the north by Mariposa Avenue, on the east by Nash Street and on the south by El Segundo Boulevard. The Property is bisected by Grand Avenue, which provides east -west access between Continental Boulevard and Nash Street; and WHEREAS, the Owner proposes to develop a mixed -use project on the Property known as the Grand Avenue Corporate Center ( "Project "). The Project entails two alternative conceptual designs, Plan `A' and Plan `B.' In general, the primary differences are that Plan `A' has about 1.15 million square feet of development as compared to about 730,000 square feet in Plan `B.' Plan `A' contemplates about 1.06 million square feet of office - related uses and a 200 -room hotel. Plan `B' has less office space (about 461,000 square feet), but a second hotel (of 150 rooms) and a sports training /recreation facility (of 120,000 square feet); and WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone "). The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses; and WHEREAS, in connection with development of the Project, the Owner submitted applications for approval of Environmental Assessment No. EA -430; Vesting Tentative Tract Map No. 52427 (Subdivision 98 -1); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No. 98 -1; and Development Agreement No. DA 98 -1 (collectively, the "Project Approvals "); and 1 CGS= WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA' ), Cal. Public Resources Code Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement; and WHEREAS, on April 21 and May 5, 1998, the City Council ( "Council ") held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and cc.reso WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced facts; the Project Approvals and the information contained therein; the Initial Study and the MND; and the testimony and other evidence offered at the public hearing, the Council adopts the MND (EA -430) for the Development Agreement and makes the following findings in support thereof: 1. General Findings (a) Reliance on Record: Each and all of the findings and determinations contained herein 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 Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. (b) Nature of Findings: Any finding made by the Council shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect. The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings. (c) Limitations: The 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 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. 3 cc.reso (d) Summaries of Information: All summaries of information in the findings to follow are based on the 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. Cross - references to the MND and other evidence have been made where helpful, and reference should be made directly to the MND and other evidence in the record for more precise information regarding the facts on which any summary is based. (e) Adoption of Mitigation Measures: These findings are based on the various mitigation measures to be required in the implementation of the Project as recommended by the MND or identified by the MND as already having been incorporated into the Project. The Council is hereby adopting and incorporating into the implementation of the Project those mitigation measures recommended in the MND. The Council finds that all the mitigation measures now incorporated into the Project are desirable and feasible. Certain mitigation measures, such as those involving traffic, air quality and storm water discharge, are within the responsibility and jurisdiction of other public agencies such as Caltrans and the Los Angeles County Sanitation District, and therefore will require additional approvals from those agencies. (f) Specific and General Mitigation: The MND generally identifies, for each potentially significant impact of the Project, one or more corresponding mitigation measures to reduce such impact to a level of insignificance. The Council finds that many of the mitigation measures described in the MND may lessen or avoid impacts in impact categories other than the category(ies)for which they are specifically proposed. In light of the above, the Council finds that each potentially significant impact identified by the MND is mitigated by its corresponding mitigation measures to the extent set forth in the MND ( "specific mitigation ") and by other, non- corresponding mitigation measures adopted by the Commission that were already incorporated into the Project ( "general mitigation "). These findings shall be applicable wherever supported by the evidence in the record regardless of whether a specific finding of an instance of such general mitigation is made 2. Findings Required Under CEOA (a) Finding Regarding Independent Judgment (Pub. Res. Code 21082.1) The Council has independently reviewed and analyzed the MND prepared for the Project.. This MND is an accurate and complete statement of the potential environmental impacts of the Project. The MND reflects the independent judgment of the Commission. (b) Finding Regarding Location And Custodian Of Agency's Record (14 CCR 15074(c)) 4 MMS0 The record on which the Council's findings are based is located at the Department of Planning and Building Safety, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of the record is the Director of Planning and Building Safety. (c) Finding Of No Substantial Evidence That Project May Have Significant Effect On The Environment (Pub. Res. Code " 21080(c), 21083(b); 14 CCR15065(c), 15074(b)) The Initial Study identifies potentially significant effects of the Project on the environment. However, as to each of these effects, revisions in the Project made and/or agreed to by the applicant before the MND and hiitial Study were released for public review would avoid or mitigate such effect to a point where clearly no significant effect on the environment would occur. There is no substantial evidence in light of the whole record before the Council, including, but not limited to the Initial Study, the MND and all comments received, that the Project as revised may have a significant effect on the environment. Because the incremental impacts of the Project as revised are not potentially significant, such impacts are not "considerable" for purposes of CEQA, whether viewed in isolation or in conjunction with the impacts of past projects, other current projects, and probable future projects. (d) Findings As To Individual Environmental Impact Categories Where a mitigated negative declaration is adopted, CEQA does not require the lead agency to make specific findings as to individual environmental impact categories. Nonetheless, the Council makes the following specific findings: (1) Geology. The Property consists of approximately 23 acres of unimproved, relatively level land. Therefore, in order to construct the proposed improvements, minor clearing and grubbing will be required. Due to the prior use of the site for oil and gas production, the existence of any oil and gas line(s) will be confirmed with the oil and gas companies prior to any demolition work. The soils report indicates methane has been detected at depths of approximately 10 feet to 70 feet. Although it is most likely of natural origin, the exact source and migration pathway are not known. Accordingly, Mitigation Measure 2 (MM2) requires excavation to be limited to a depth of 10'. As a result, Chevron, the prior owner of the Property, has attached several deed restrictions to address the problem, which includes the clause that no grading shall occur below ten feet (10') from the existing grade. cc.reso The Project will impact existing topographic conditions. Mitigation Measure 1 (MMl) requires that grading in preparation for the construction of the proposed project will be minimal, and will be limited to final level for drainage and soil compaction of building pads. On -site grading will result in a balance of cut and fill with no removal or importation of soil from the site. Mitigation Measure 3 (MM3) requires that any excess soil volumes be used in berming for landscaping purposes within the site. Significant changes to topography have been mitigated to a less than significant level. There are potential construction hazards arising from the Project. (See subsection (2), below.) The site is located within the seismically active Southern California region; therefore, occupants of the Project will be subject to similar seismic risks as other commercial developments of a comparable employment volumes and structure size which are located in the vicinity of the site. No known geologic features exist on the site, and no known active or potentially active faults are located on or near the subject property. The risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards. The potential for landslides and mudslides is non - existent due to the level topography of the site and vicinity. Change in the type of soils is not anticipated. Existing site conditions consist of soils interbedded with mixtures of sand, silt, and clay with silty sand and sand being the predominant soil types. The fine grained soils encountered in the borings, clayey silty, sandy clay, and silty clay are stiff to very stiff. Existing site conditions coupled with minimal movement of soils in support of the proposed project, are expected to result in little if any change to the earth or soils at the proposed project site. The resulting potential for impacts is negligible. The minimum depth of excavations for building footings must be determined by the soils and structural engineer. Mitigation Measure 4 (MM4) provides that a site specific Soils Report will be prepared and submitted to the City for review and approval. It is anticipated that this report will identify specific structural recommendations based on the construction variables for each building. Implementation of MM4 will ensure that geological and soil related hazards are minimized to less than significant levels. Development of the Project will fully comply with all applicable City building guidelines, restrictions, and permit requirements. With the incorporation of measures MMl through MM4, development of the proposed project will have a less than significant impact on topography and soils, and will not expose people or property to significant geologic hazards. Mreso (2) Air Quality. The Project will generate dust and fumes and will impact air quality in general. However, with the incorporation of the following mitigation measure, the level of dust, fumes, and impacts on air quality will be less than significant impact. The Project will not produce significant changes in ash, smoke, or odors in the vicinity, and will not cause any significant alterations in the air movements, moisture and air temperature. Long term emissions from post - construction occupancy of the Project could result in regional contributions of criteria pollutants which may cumulatively be linked to air odors and fumes. Similarly, mobile sources such as auto exhausts, and stationary sources such as gas heaters, may indirectly generate fumes. Mitigation Measure 5 (MM5) requires that project design features shall be incorporated to offset project-related emission. Total daily regional emissions of carbon monoxide, nitrogen oxides, reactive organic compounds, sulfur oxides, and particulate matter resulting from development and occupancy of the site by the Project will not have a significant adverse impact on air quality, since individual pollutant emissions are below the SCAQMD's significance thresholds. During the Project's construction phase, short-term emissions of fugitive dust from grading activities, and exhaust emissions from the construction equipment may result in some amount of criteria pollutants. However, even under worst case assumptions, project construction activities will be below the SCAQMD's applicable thresholds. Project construction activities will not have a significant short term impact on air quality. Construction and subsequent occupancy of the Project will not create, or significantly worsen, an existing accedence of any air pollution standard in the local area or the region with the implementation of mitigation measures which shall be required by the City. Project development will not result in a significant impact upon air quality within the South Coast Air Basin and will also be consistent with all regional, State and Federal air quality regulations. (3) Water. The 23 -acre Project site is essentially unimproved level land. Ground water quality is unknown. No impervious surfaces exist on -site (e.g., paved surfaces, buildings, etc.), with the exception of some perimeter public sidewalks. 7 cc.reso On -site surface water run -off is influenced by the natural topography of the Project site which drains in a west to east direction towards Nash Street. Surface flows which are not absorbed on -site, drain off -site onto adjacent surface streets and eventually to storm drains outletting into the Pacific Ocean. Because the site has a substantial area of exposed soils, existing run -off conditions may be accompanied by soil erosion. Once developed, exposed soils on the project site will be covered by pavement, buildings or landscaping. Therefore, the potential for soil erosion at the project site will be greatly reduced. Mitigation Measure 6 (MM6) requires that pavement on -site shall be maintained to prevent soil erosion. All cracks will be repaired on a regular basis and any debris will be removed. With the incorporation of the proposed MM6, erosional problems will have less than significant impact. Development of the Project will introduce urban contaminants (e.g., tire wear residue, oil and grease, fertilizers, etc.) to the site, thereby potentially resulting in long -term degradation of on -site surface water run -off and ground water quality. Mitigation Measure 7 (MM7) requires on -site surface drainage be directed to existing storm drains. With the incorporation of MM7, and the estimation that the storm drain capacity is adequate to serve the site subsequent to project implementation, the degradation of on -site surface water run -off and ground water quality will have a less than significant impact. While ocean waters will be affected by the site's urban run -off, changes in ocean water quality are considered to be insignificant. To mitigate the project from on -site urban run -off, the Project will comply with all appropriate City of El Segundo Urban Run -off Pollution Prevention Controls as stated in Mitigation Measure 8 (MM8). As a contributor to the City's drainage system, this project is required by Mitigation Measures 9 through 12 (MM9, MM10, MM11 and MM12) to implement measures on -site to improve the quality of the run -off. Proposed improvements (e.g., buildings, surface parking lots, etc.) will reduce the amount of pervious surfaces presently located on -site, changing existing absorption rates and drainage patterns. Existing City storm drain facilities can be found in Nash Street and Mariposa Avenue. Proposed on -site improvements as stated in M\48 and MM12, will include flood control and water quality facilities. The flood control facilities include grated inlets, storm drains, and roof drains. In addition, all onsite drainage will outlet through curb drains or driveways. Proposed landscaped areas will continue to permit some surface water absorption. Given the decrease in imperviousness, drainage volumes will increase, and surface water run -off generated by the project site will continue to be collected by storm drains located along Nash Street, El Segundo Boulevard, Grand Avenue and Mariposa Avenue and directed via culverts to the Pacific Ocean. 8 cc.reso The Project is located in the jurisdiction of the County of Los Angeles Department of Public Works and is subject to any policies and regulations set forth by the County's Stormwater Discharge Program. Mitigation Measure 13 (MM13) requires that the Project will comply with permit requirements of the Los Angeles County Department of Public Works for Los Angeles County Flood Control District. With the incorporation of the proposed MM 13, flooding occurrences will have a less than significant impact on the project site. Storm water run -off from paved areas and the roofs of proposed structures is anticipated as a result of the Project. The storm water run -off will be collected by the drainage system designed for the site and will enter the storm drain at the connection point. The Project falls under the jurisdiction of the County of Los Angeles and is required to submit a permit application, prior to construction to the Los Angeles County Department of Public Works for the Los Angeles County Flood Control District. Mitigation Measure 14 (MM14) provides that the drainage system shall be designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County Department of Public Works, and that the Project's drainage system will be constructed in compliance with all regulations and specifications. Mitigation Measure 15 (MM15) provides that all on -site development shall be consistent with a Hydrology/Drainage Study and the finalized Site Plan, to be approved by the City. Implementation of MM15 will ensure that any minor project modifications or Project Area specific development is constructed to meet engineering specifications and reduce impacts to less than significant levels. Currently there are no reclaimed water pipelines down Nash Street. Mitigation Measure 16 (MM16) requires that the Applicant extend the reclaimed water pipeline infrastructure to the furthest applicable extension of the Project site necessary to accommodate utilization of reclaimed water for proj ect landscape irrigation. The Applicant shall install a dual water system to accommodate the use of reclaimed water for landscaping on -site. With the incorporation of the proposed MM 16, water availability for public use will have a less than significant impact. The Project is not anticipated to significantly affect water availability as development of the Project site is consistent with regional growth forecasts which contemplated long -term water needs for the southern California region. 9 mreso The development of the Project represents a continuing expansion of growth throughout the region. The growth is consistent with predicted regional growth trends. Incremental increases in effects to ocean or ground water quality, absorption sates, drainage patterns, surface run -off water, or water availability with the incorporation of MM6 through MM16, are less than a significant impact. (4) Biological Resources. The Project site is located within highly urbanized environment. No known rare or endangered plant species are associated with the Project site or within the immediate vicinity. Only a limited number of plant species can be found on -site, none of which is considered rare or endangered. Landscaping is currently located along the site's eastern (Nash Street) and southern (El Segundo Boulevard) boundaries, as well as along the western perimeter of the property. Development of the Project will include additional landscaping consisting of plant species which readily adapt to urban environments and drought tolerant plant species when feasible. Development of the Project will not introduce or affect rare or endangered plant species (including trees, shrubs, grass, crops, and micro flora) in the Project vicinity. No mitigation is required. The Project site and immediate locale are not known to contain any rare or endangered animal species. Since the Project site is located within a highly developed urban area, the potential for animal life on -site is limited and includes species that have adapted to such environments. As a result of the pond on the Project site, a number of migratory and non - migratory birds were observed during a site visit. However, it is not anticipated that these species, or others, use the site as nesting habitat given the disturbed site conditions. As a matter of caution, Mitigation Measure 17 (MM17) has been provided to reduce the potential impact to a less than significant level by providing that a qualified biological monitor inspect the site prior to grading to report the status of any migratory birds found on -site. Several red fox tracks were observed on Project Area 2. The field investigation concluded that the site is used strictly for hunting purposes since no burrows are found on the property. It is anticipated that construction activities and the removal of the pond will result in the abandonment of the area by the red fox. The elimination of the red fox from the site is not considered a significant impact by regulatory agencies. 10 ce.reso The Project will not produce significant impacts to the number of rare or endangered species or specimens in the site vicinity, nor will it result in significant changes in the diversity of species, reduction in numbers, or deterioration of valuable animal habitats. There is no substantial evidence before the City that the Project will cause adverse effects, whether individually or cumulatively, on wildlife resources. (5) Noise. No noise sensitive receptors have been identified in the immediate vicinity of the Project site. Uses surrounding the site consist of commercial, office and hotel uses which', are generally not considered to be sensitive to noise or vibration. Traffic along Sepulveda Boulevard, LAX and related air traffic are the predominant noise generators in the site area. The Project will have a short-term and long -term noise impact. Noise and vibration effects on the surrounding land uses were analyzed for both short-term construction activities and long -term operation of the Project. Construction activities will be ongoing and intermittent for a two (2) to five (5) year period during permitted hours only, as established by City regulations. Vibration attributable to construction activities will be minimal due to the type of construction equipment generally employed for a project of this nature. No notable stationary noise sources will be associated with the operation of the Project. The types of activities and facilities proposed on the Project site are not be expected to generate objectionable vibration that might be noticeable at any adjoining property line. Due to limited noise and vibration anticipated with construction and operation of the Project on a long -term basis, and due to the noise levels along Sepulveda Boulevard obscuring short-term construction noise, no significant impacts from noise or vibration will occur, and no mitigation is required. Project - related traffic will contribute toward increased ambient noise levels. Project traffic traveling along regional freeways will incrementally add to freeway - related traffic noise within the region. However, the volume of project related traffic relative to background freeway traffic flow will result in imperceptible noise level increases along freeways. Project - related traffic along local arterials leading to the Project site will increase noise levels in the vicinity of Project. However, the immediate vicinity does not have any sensitive receptors which will be affected. Project - related traffic noise will be less than significant and no mitigation is required, 11 cc.reso Mitigation Measure 22 (MM22) requires that any outdoor lighting design will conform with any Federal Aviation Administration (FAA) requirements with respect to operation of LAX. This mitigation will ensure that potential impacts to air operations are less than significant. (7) Land Use and Planning. The Project is consistent with the City's General Plan and the zoning designation for the Property as more fully described in Finding No. 2 and 3 in Resolution No. 2414, which is hereby incorporated herein by this reference as though set forth in full. The City of El Segundo Code provides development standards and regulations which relate to the setback, landscaping, parking, etc., provisions for proposed development. As required in Mitigation Measure 28 (1V1M28), unless otherwise noted in the approved Development Agreement or through other specific mitigation, the Project shall comply with the City of El Segundo Building and Zone Code. Compliance with MM28 will ensure that impacts related to zoning are less than significant. Current development surrounding the Project site consists of commercial structures which include office buildings, business parks, hotels, restaurants and light industry, ranging from one to seven stories in height. The Project is consistent in character, and, therefore, compatible, with the use profile and general scale of surrounding uses and structures. Therefore, no impacts are noted in this regard, and no specific mitigation is required. The Project is compatible with the existing development in the general area of the site and is consistent with the City of El Segundo General Plan. Mitigation measures 23 through 27 (MM23 -MM27) have been provided to reduce any potential impacts related to changes in pattern, scale, or character of existing development in the Project vicinity, and potential conflicts with the City General Plan and Zoning to a less than significant level. (8) Energy and Mineral Resources. Development and operation of the Project Conceptual Plans `A' or `B' office buildings, hotel, ancillary uses, and restaurant will result in the consumption of renewable and non- renewable natural resources in the form of building materials during construction, and domestic water and fossil fuels during project operation. These increases are consistent with levels experienced by other similar development and are within growth expectations for the Southern California region. Consumption is relatively insignificant in the context of cumulative consumption volumes. 12 ce.reso Existing supplies and infrastructure are adequate to meet project demands, through the City of El Segundo Water and Wastewater Division. (See subsection (14), below.) The Project will comply with all applicable statutes and regulations set forth in the City of El Segundo Building Code as provided in Mitigation Measure 28 (MM28), and all applicable State resource conservation measures as provided in Mitigation Measure 27 (MM27). The Project site was historically used for petroleum extraction, and all on -site wells have been capped. (See subsection (16), below.) The Project will have an impact on the use, extraction, and conservation of water. Mitigation Measure 29 (MM29) has been provided to reduce this impact to a less than significant level. (9) Hazards. The Project will utilize common cleaning solutions which will be disposed of in accordance with applicable statutes. The use of these materials is considered an increase over existing circumstances. The amount to be used represents a marginal increase and is considered insignificant. The potential land uses proposed for Project Areas 1 through 4 will utilize comparable amounts of hazardous materials, due to similarity in size of structures and need for these materials. In addition, the hotel and restaurant use on Project Area 5 (and the hotel use on Project Area 1 in Plan `B') may purchase potentially hazardous household materials in bulk quantities and store them on -site. However, based on the amount stored, the nature of the packaging, the materials involved, and the Project's compliance with applicable regulations, the risk from these land uses is considered minor. Use and storage of explosives are not expected with the construction or operation of any of the proposed land uses. The Project will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials. The Project site is accessible to emergency vehicles from all borders. Based on project-generated traffic volumes, no unmitigatable traffic impacts are foreseen with development of the Project. Mitigation Measure 31 (MM31) requires evacuation plans and procedures be incorporated into building design. With the incorporation of Mitigation Measure 30 (MM30), the Project is not expected to interfere with emergency response or evacuation plans. Previous uses of the Project site generate some concern for exposure of project occupants to hazardous conditions potentially associated with the site in its undeveloped state. (See subsection (16), below.) 13 cc.reso (10) Population and Housing. All residences in the City are located west of Sepulveda Boulevard, while non- residential uses are located predominantly to the east. The Project site is within the non- residential area, and is surrounded by commercial, office, light industrial and hotel uses. Development of the Project is consistent with surrounding uses and the City's General Plan. The Project will not alter the expected distribution of population. The Project does not propose any residential land uses, and will not directly generate permanent population growth in the City. The Project will bring new employment to the area, and hence, will incrementally add to the City's daytime population. The City's permanent population may increase due to employees who relocate. However, the increase in permanent population from employees relocating to the area will be limited, and any such increase will be expected to be absorbed within the normal turnover of dwellings with the City. The Project will not create a significant impact on the location, distribution, density or growth rate of the human population. The Project will not involve the development of any residential land uses, nor will it involve demolition of any residential units. The Project will not have a direct impact on housing in the City. While a small percent of employees may chose to relocate, the demand for housing is anticipated to be met by existing housing stock. The number of employees potentially relocating to the City can be expected to be limited and less than significant when compared to the entire permanent population of the City. The Project is not expected to produce significant impacts on the demand for additional housing. (11) Transportation and Circulation. Two traffic impact studies were done to evaluate existing traffic patterns and the potential impacts anticipated by the Project. A comparison trip generation was performed for each of the potential land uses for Project Areas 1 through 5 to determine a worst -case scenario of traffic impacts for both Conceptual Plans `A' and `B'. Following guidelines set forth by the City of El Segundo Planning and Traffic Engineering staff and the Los Angeles County Congestion Management Program (CMP), the traffic study examined eighteen (18) key intersections. With regard to Conceptual Plan `A', the traffic studies show that at full buildout, this plan will not adversely affect the level of service ( "LOS ") at 12 of the 18 intersections. As to the remaining six intersections, LOS impacts will be reduced by means of Mitigation Measure 31 (MM31), which requires an air quality /traffic mitigation package and provides a range of mitigation options. These options include the addition of one lane in each direction on a portion of Sepulveda Boulevard, new left turn lanes at the intersection of Sepulveda Boulevard and Grand Avenue, and installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard. Implementation of this mitigation package will ensure that traffic- related impacts are reduced to less than significant levels. 14 cc'nso With regard to Conceptual Plan B', the traffic studies show that at full buildout, this plan will not adversely affect LOS at 13 of the 18 intersections. As to the remaining five intersections, LOS impacts will be reduced by means of Mitigation Measure 31 (MM31), which requires an air quality /traffic mitigation package and provides a range of mitigation options. Among other items, these options include the installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard and a Transportation Demand Management program comprised of ridematching, car pool, and/or public transportation use programs and incentives. Implementation' of this mitigation package will ensure that traffic- related impacts are reduced to less than significant levels. Pursuant to the County's Congestion Management Plan ( "CMP "); the traffic studies included a preliminary Congestion Credit and Debit analysis. The Project was evaluated separately under Conceptual Plans `A' and `B'. The preliminary analysis demonstrates that for either plan, anticipated CMP Credits will fully offset anticipated CMP Debits. Therefore, as proposed, both Conceptual Plans `A' and `B' will be fully consistent with the CMP. Since minor Project modifications are anticipated, implementation of Mitigation Measure 32 (MM32), which provides that a CMP credit /debit analysis be completed to reflect the final Site Plan, will ensure that impacts related to the CMP are less than significant. Parking for the Project will be provided by surface parking lots or combinations of above -grade structured parking garages and surface lots, on an individual parcel basis. Each of the development areas will provide its own parking, sufficient to meet its own individual needs. Mitigation Measure 33 (MM33) provides that adequate parking shall be provided and in accordance with City requirements. Accordingly, impacts related to parking will be minimized as the Site Plan is finalized. Non- vehicular circulation is anticipated to be limited primarily to walking for exercise, pedestrian access to transit and bicyclist circulation. Streets within the immediate area are established with cross walks,. pedestrian light signals and sidewalks. Increased hazards to pedestrians and bicyclists are not anticipated. As provided in Mitigation Measure 34 (MM34), the Project will include a program and design features for pedestrian and bicycle access (i.e., pedestrian access to MTA Green Line stations; bike racks and paths; and showers for bicyclists and storage lockers). Development on Project Areas 1 through 5 will not entail generation of or alteration to rail, water, or air traffic. All Project Areas will function adequately with dependence on vehicular traffic circulation alone. While LAX is located approximately one mile to the north of the Project site, proposed development will not interfere with flight patterns, nor will it generate significant air travel demand. Increased use of the MTA Green Line is anticipated to result from the development of this facility adjacent to two of its stations, but this increase use is not considered significant. Impacts to rail, water, and air traffic are considered less than significant. 15 mreso Mitigation Measure 35 (MM35) provides that all development shall be in accordance with the approved Development Agreement and Implementation Plan to further ensure that impacts to existing traffic patterns, traffic volumes, parking facilities, hazards to pedestrian and bicycle traffic, and other vehicular, rail, air or water traffic are reduced to less than significant levels. (12) Public Services. Police and fire protection services to the Project site are provided by the City of El Segundo Police and Fire Departments. Water and park services are also operated by the City of El Segundo. Sewer demands for the Project will be accommodated by the Los Angeles County Sanitation District's sewer lines and will be treated at the Joint Water Pollution and Control Plant in Carson. School services in this area of the City of El Segundo (east of Sepulveda Boulevard) are provided by the Centinela Valley School District. The City includes four school libraries and the El Segundo Public Library. Development of the Project will generate additional demands for municipal services beyond current site demand. The City of El Segundo Fire Department generally finds that office commercial projects will not significantly impact fire services, provided all applicable regulations and criteria are incorporated into building design plans as stated in Mitigation Measure 37 (MM37). Adequate water conveyance systems and supplies within the area further reduce fire protection- service concerns. A Mitigation Service Fee of fourteen cents per square foot ($0.14 /sq.ft) is required as stated in Mitigation Measure 38 (MM38) to offset service demand impacts to fire department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. While the Project may generate additional demands on police services, most effects can be mitigated to a less than significant level by incorporating security lighting and hardware into building design plans as stated in Mitigation Measure 39 (MM39). A Mitigation Service Fee of eleven cents per square foot ($0.11 /sq.ft.) is required as stated in Mitigation Measure 40 (MM40) to off -set service demand impacts to police department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. Water and sewer lines serving the Project site are available and have the capacity to meet the demands of the Project. (See subsection (14), below.) With the incorporation of Mitigation Measures 41 and 42 (MM41 and MM42) which address water use reduction and wastewater generation reduction, service related impacts on water and wastewater agencies will be reduced to less than significant levels. As no residential uses are proposed with the Project, no direct significant impacts' are expected on local schools, libraries, parks, or recreational facilities. However, limited demands on such facilities may be generated by Project employees and patrons of the Project hotel(s) who seek facilities nearby. Such utilization is not anticipated to be significant. Nonetheless, a Mitigation Service Fee of three cents per square foot ($0.03 /sq.ft.) is required as stated in Mitigation Measure 36 (MM36) to offset impacts to library facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. 16 C MSO A Fiscal Impact Analysis was prepared to consider the Project's fiscal impact on the City, and in particular the resulting revenue generation and municipal service cost burden. The analysis concludes that the Project, under Conceptual Plan `A', will generate a positive fiscal impact for the City of approximately $2,698,000 by the year 2006, after consideration of City municipal service costs. Under Conceptual Plan `B', the Project will generate a cumulative positive fiscal impact for the City of approximately $6,757,600 by the year 2006, after consideration of City municipal service costs. Development of the Project is expected to result in expenses to the City for the provision of municipal services. These will be offset by the revenues generated for the City by the Project over the long term beyond full buildout and occupancy after the year 2006. The combined results of project design features and long -term revenue generation will result in less than significant effects to City utilities and services. No specific mitigation measures are required. In conclusion, the Project will not significantly impact municipal services (police, fire, water, school, sewage, parks, or public facilities) which will serve the Project. Incorporation of Mitigation Measures 36 through 42 (MM36 -MM42) will reduce public service related impacts to less than significant levels. (13) Recreation. No public parks or recreational facilities are located within the immediate vicinity of the Project site. Demands on parks and recreational facilities are primarily generated by permanent residential populations. The Project is not expected to significantly alter the existing residential population. No residential development is proposed, and the dominant land uses for the Project will attract a patron and local employee population that is not expected to create a significant impact upon recreational facilities. The Project will provide recreational amenities as required by the El Segundo Recreational Standards for office uses. In addition to promoting bicycle use for transportation to and from the site (which is done under both Conceptual Plans `A' and `B'), Conceptual Plan `A' will include a croquet court (Project Area 3), putting green (location to be determined), two half basketball courts (one each in Project Areas 3 and 4), and a perimeter jogging /walking trail to be dispersed among the five Project Areas. Under Conceptual Plan `B', the sport training /recreation center will serve to meet the requirements of the El Segundo Recreational Standards as a community serving recreational use. The proposed sports training /recreational facility will provide two ice rinks, a full -size basketball court and an in -line skating arena. Picnic areas will be provided under both Conceptual Plan `A' and Conceptual Plan `B'. The phasing and implementation requirements for the provision of on -site recreational amenities will be detailed in the approved Development Agreement and Implementation Plan. Mitigation Measures 43 and 44 (MM43 and MM44) provide that development of on -site recreational facilities will be in accordance with the approved Development Agreement and Implementation Plan, therefore ensuring that recreational impacts are less than significant. 17 MMSO (14) Utilities and Service Systems. The Project site is located within an established urbanized environment. As most of the surrounding properties are developed, utility infrastructure is in place; however, site- direct utility connections will be necessary. Existing utility infrastructure beneath Nash Street, Grand Avenue, El Segundo Boulevard and Mariposa Avenue includes electricity, natural gas, telephone, cable television, water, sewer, and storm drain lines. Utility services will be provided by the appropriate purveyors, including: Southern California Edison Company, The Gas Company, Pacific Bell, Time Warner, the City of El Segundo Water and Wastewater Division, and the Los Angeles County Sanitation Districts. The Applicant will coordinate with each of these agencies to ensure that adequate capacity to serve the Project office buildings and hotel and restaurant uses is provided. Since the existing site is vacant and underutilized, all five Project Areas will require water, sewer, and waste disposal services not currently utilized. The Applicant will coordinate with the City of El Segundo Water and Wastewater Division and the Los Angeles County Sanitation Districts to ensure that existing supplies, infrastructure, and/or capacity are adequate to meet these additional demands. Existing County of Los Angeles sewer facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing system to accommodate the peak demands generated by the proposed development. Under Mitigation Measure 45 (MM45), written commitment from the Los Angeles County Sanitation District or an equivalent provider shall be obtained prior to issuance of a building permit. If any off - site upgrades are required, due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, sewer connection charges and fees will be assessed based upon the building square footage and land use, as provided in Mitigation Measure 46 (MM46). Payment of such fees will offset wastewater service impacts. Existing City of El Segundo water facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing water and reclaimed water systems to accommodate the peak demands generated by the Project. Under Mitigation Measure 47 (MM47), written commitment from the City of El Segundo or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Mitigation Measure 48 (MM48) requires separate services for potable and fire water systems and provides standards for such systems. Mitigation Measure 49 (MM49) requires use of reclaimed water for landscape irrigation purposes. This should reduce the public water use to a less than significant level. 18 cc.reso Mitigation Measure 50 (MM50) provides for water meter installation fees based upon the applicable meter size. As provided in Mitigation Measure 50 (MM50), the Applicant shall pay the appropriate water meter installation fees. Payment of such fees will offset water service impacts.. Telephone service is available to the site through Pacific Bell. Pacific Bell has existing facilities in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 51 (MM51), written commitment from Pacific Bell or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, Mitigation Measure 52 (MM52) requires that the developer provide the conduit trench and point of entry to the site while Pacific Bell installs the cable to the point of entry at no cost to the developer. All additional on -site improvements shall be provided by the developer. If the existing facilities serve adjacent properties, the services shall require location. Natural Gas service to the site will be provided by The Gas Company. Gas mains exist in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities will have adequate capacity to accommodate peak demands generated by the proposed development. Under Mitigation Measure 53 (MM53), written commitment from The Gas Company or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Electrical service to the site is provided by Southern California Edison. Existing power service is located in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities should have adequate capacity to accommodate the proposed development. Under Mitigation Measure 54 (MM54), written commitment from Southern California Edison or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Cable television service is provided by Time Warner in this portion of the City. Existing cable service is located in Mariposa Avenue. Prior to the cable company beginning any work, a service agreement between the developer and cable company is required. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 55 (MM55), written commitment from Time Warner or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. In addition to the respective service provisions outlined for each utility provider above, Mitigation Measure 56 (MM56) provides that the developer encourage a high quality, efficient and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation and solid waste disposal equipment and systems. 19 cc.reso Incorporation of Mitigation Measures 45 through 56 (MM45 through MM56) will minimize impacts to utilities and services to a less than significant level. (15) Energy and Mineral Resources: Fossil Fuels. Operation of the Project will consume fossil fuels in the form of electricity and natural gas. However, consumption of these resources is expected to be marginal and will be considered insignificant relative to annual consumption volumes throughout the City and the LAX area as a whole. All of the potential land uses proposed for all five Project Areas will be expected to consume fossil fuels at comparable rates due to similarities in size and scale of structures, and will be considered insignificant. With the deregulation of energy service providers, the Applicant will seek a service provider for natural gas and electricity which can provide adequate service at a reasonable cost. The Project, as required by Mitigation Measure 57 (MM57) will comply with all applicable statutes and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. The Project is not expected to result in significant increases in fossil fuel consumption. Implementation of MM57 will ensure energy and fossil fuel related impacts are less than significant. (16) Hazards:_ Methane Emissions. Seismics and Contaminated Soils. The Project site was originally used for the production of oil and natural gas (methane) until the 1950s, at which time the Chevron refinery, located one -half mile to the southwest, used the site for temporary storage of excess liquefied petroleum gas (LPG) in addition to oil and natural gas production. All wells were reportedly abandoned by 1989 and cleared of remaining wellheads and pipe ends by October 1997. Concentrations of methane have been detected at depths of approximately 70 to 80 feet in a sand unit between two clay layers. Methane has also been detected, at generally lower concentrations, at depths of approximately 10 to 70 feet. Particularly high methane concentrations occur in the area to the southwest of the intersection of Nash Street and Grand Avenue. The Project site is currently cleared and fenced. Because of the nature of previous activities on -site, and the measurable remnant of methane underlying the site, Chevron has identified specific development conditions which will enhance the safe reutilization of this property. These measures include installation of vapor barriers, venting systems, hydrocarbon sensors with alarms, limitations on structure height and type, and limitations on excavation depth. 20 cc.reso As to the abandoned oil well sites themselves, under state and local regulations, prior to the release of building permits for construction on such sites, there must be analysis by a state - registered geologist or engineer, review by the city, and development of protective systems such as vapor barriers, venting, and hydrocarbon alarms. In particular, any excavation done on Proj ect Area 2 for the purposes of construction or utilities installation should be evaluated and appropriate steps taken to preclude the re- opening of capped wells or significant release or collection of methane during those activities. If all structures comply with the regulatory requirements for protective systems, as well as the Chevron recommendations, the potential for risk of upset related to the underlying methane will be less than significant. Because the Project is located within the seismically active southern California region, the occupants of the Project will be exposed to seismic risks which are similar to those of occupants of other structures of comparable size and scale in the surrounding area. However, no active or potentially active faults are found on or near the Project site and therefore potential hazards from ground failure, surface rupture, and other seismic hazards are considered less than significant. In 1996, Environmental Site Assessments were performed on the site, and concluded that the site does not pose an environmental risk from contaminated soils. Consequently, the Project will not create a significant health hazard or expose people to significant potential health hazards, and no mitigation is required. With incorporation of the appropriate construction and development guidelines as required by Mitigation Measure 58 (MM58), potential concerns related to hazardous conditions associated with the previous petroleum activity of the site, will be mitigated to a less than significant level. Further, Mitigation Measure 59 (MM59) provides that adequate gas venting and monitoring systems will be installed and perpetuated during the lifetime of the Project to mitigate any possible worker exposure to releases of methane or other related emissions. Compliance with this measure shall be verified by the City of El Segundo Department of Planning and Building Safety prior to issuance of Occupancy Permit. (17) Aesthetics: Views. The Project site is not part of, nor adjacent to, a designated scenic view, vista or corridor. It is located within an MU -N land use zone and is surrounded by one to seven -story office /commercial structures, and is bounded by two streets neither of which is designated as a scenic road. 21 cc.reso The Project will be two to six stories in height and of similar character to adjacent structures. The Project will not block scenic views or vistas from these surrounding commercial uses. Additionally, development of the Project will create a positive visual image due to consistent site landscaping and design. The Project will not significantly change scenic views or vistas from existing office /commercial areas, public lands or roads, nor will it change existing light and shadow patterns. No mitigation is required. (18) Cultural Resources. No historic structures exist on -site. Similarly, there are no known prehistoric sites or objects associated with the property or located within the immediate vicinity. The Project site was once used for agriculture and later was part of a Chevron oil field. Owing to the nature of these operations, the site is expected to have been heavily disturbed, with little likelihood of objects of cultural or religious significance having survived. No cultural, religious, or sacred uses or activities of importance to any particular segment of the general population are known to be associated with the Project site or locale. Based on the above information, the potential for significant impacts to historic or prehistoric sites, structures, or objects is considered remote. The abandoned oil wells and any associated unused underground pipelines that still exist on -site will not be disturbed as a result of project construction. Further archaeological studies are not necessary, and preservation efforts are not required as a part of project implementation. None of the potential land uses proposed for the Project site is expected to produce significant impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, building, structure, or object, nor will any result in physical changes which will affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No mitigation is required. WHEREAS, Councilwoman Nancy Wernick and Councilman John Gaines do abstain from and did not participate in the deliberations and decision on the subject Mitigated Negative Declaration for the Development Agreement. WHEREAS, Mayor Mike Gordon did participate in the deliberations and decisions on the subject Mitigated Negative Declaration for the Development Agreement because his participation was legally required to obtain a quorum of the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby adopts the MND (EA -430) for Development Agreement No. DA 98 -1 subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment "B" hereto. 22 Mreso BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolution of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTEDfthis 19th day of May, 1998 Mike Gordon, Mayor City of El Segundo, California ATTESTED: Cindy Molosen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. ensley, City Attorney 23 mreso CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 4063 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 19th day of May, 1998, and the same was so passed and adopted by the following vote: AYES: Mayor Gordon, Mayor Pro -Tem Jacobs, Councilmember McDowell NOES: None ABSENT: Councilmember Gaines ABSTENTION: None NOT PARTICIPATING: Councilmember Wernick WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 201h day of May, 1998. ?(f) Cindy Mo4sen, City Clerk, City of El Segundo, California (SEAL) STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY and ex- officio Clerk of the City Council of said City, do herby certify and attest the foregoing to be a full, and correct copy of the original of RESOLUTION NUMBER 4063 located in the Office of the City Clerk, and that I have carefully compared the same with said original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California this 19th day of May , 1998. `c CINDY IORTESEN City Clerk, City of Ei Segundo, California (SEAL)