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CC RESOLUTION 4416RESOLUTION NO. 4416 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 656 AND CONDITIONAL USE PERMIT NO. 04 -6 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On September 22, 2004, Vistamar School filed an application for Environmental Assessment No 656 and Conditional Use Permit No. 04 -6 to establish a private high school in an existing 75,640 square foot building at 737 Hawaii Street, B On November 9, 2004, Vistamar School filed an application for Development Agreement No 04 -1 requesting a ten -year development agreement with the City, C Vistamar School's application was reviewed by City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), D In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), E An Initial Study of Environmental Impacts was prepared pursuant to the requirements of CEQA A Mitigated Negative Declaration was prepared and circulated for public review and comment from February 3, 2005 to February 23, 2005, F The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for February 24, 2005, G On February 24, 2005, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City Staff, public testimony, and by Vistamar School's representatives, and, adopted Resolution No 2580 recommending approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No. 04 -1, H On March 15, 2005 the City Council held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Vistamar School, and, The City Council considered the information provided by City staff, public testimony, and by Vista mar School's representative This Resolution, and its findings, are made based upon the evidence presented to the City Council at its March 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The subject site is located at 737 Hawaii Street in the Light Industrial (M -1) Zone B The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an approximately 75,640 square -foot existing budding The building will be refurbished and reconfigured to provide the school with a one -story (30 -foot) budding containing approximately 75,640 gross square feet C The school will include 22 classrooms, which will include 15 standard classrooms, 4 science laboratory classrooms, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student - serving areas such as a library, cafeteria, gymnasium, and student center as well as other ancillary areas for administrative offices /services and storage D Parking will be provided on -site for 157 vehicles E The school plans to operate on a typical school year schedule from Labor Day to mid -June Normal school hours would be from 7 :30 a.m. to 3.00 p m. There would be extracurricular activities that would also take place after 3 00 p m Summer school activities would be offered as well as other community uses of the school's facilities F The project will be implemented in two or three phases During the 2005/2006 school year, beginning in September 2005, only seven classrooms and some of the ancillary uses for approximately 120 students would be constructed. The enrollment would consist of approximately 90 freshman and 30 sophomore students G During this 2005/2006 school year, tenant improvements would continue in the rear two - thirds of the building to complete the full buildout of the school facilities Upon completion of the facilities for the 2006/2007 or 2007/2008 school year, the school would be able to provide enrollment up to its protected capacity of 400 students H Vistamar School anticipates phasing in the full student enrollment over a four year period, reaching its full enrollment for the 2008/2009 school year A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone ESMC § 15 -5A -2 lists schools as a permitted use in the C -RS Zone J The proposed Development Agreement includes a ten -year term and an initial public benefit contribution to the City in the amount of approximately $185,586 82 and an additional lump sum payment of $71,551 75 should Vistamar School occupy the building for more than ten years SECTION 3 Environmental Assessment. Because of the facts identified in Section 2 of this Resolution, the proposed project has been analyzed for its environmental impacts and a Draft Initial Study has been prepared pursuant to CEQA Guidelines § 15063 The Initial Study demonstrated that the project could not have a significant effect on the environment with the implementation of mitigation measures A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines § 15070 The mitigation measures listed in the mitigated negative declaration are sufficient to reduce all identified environmental impacts to less than significant levels Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project SECTION 4 General Plan Findings The proposed project conforms with the City's General Plan as follows A The El Segundo General Plan land use designation for the proposed school is Light Industrial This designation is intended for manufacturing and industrial uses that were located on the subject properties B The proposed project would contribute to the implementation of Economic Development Element policies by adding a school which will help meet the diverse needs of the City's business and residential communities (Policy ED1 -21) and promote a better quality of life (ED1 -22) by providing additional educational opportunities within the City for its residents The proposed public benefit contribution in the Development Agreement would ensure revenues from the property were maintained (ED 2 -1 2) C The project is consistent with Land Use Element Objective LU5 -3 and Policy LU5 -3 1 to revitalize industrial properties through combined efforts of the private and public sector and to upgrade site deficiencies such as landscaping and parking The proposed project will add landscaping to the site and renovate the building and the surface parking areas D The applicant intends to provide seismic upgrades to the building as part of the renovations to ensure public safety (Public Safety Element Goal PS2) SECTION 5 Conditional Use Permit Findings After considering the above facts, the City Council finds as follows A The proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located The proposed site for Vistamar School is currentlyzoned Light Industrial (M- 1) The M -1 Zone conditionally permits uses that are allowed within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of the ESMC Furthermore, the proposed location is in accord with the purposes of the M -1 Zone Although the M -1 Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, companies or business firms, the M -1 Zone also is intended to accommodate, with appropriate conditions, C -RS Zone uses which include a wider variety of commercial retail- service uses and schools in particular The proposed school is compatible with the surrounding uses, will meet all the development standards in the M -1 Zone, and is consistent with the General Plan policies described in Section 4 above B The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity The proposed location of the conditional use is within a light industrial area predominantly featuring parking and commercial buildings with light industrial and office uses inside The location of a private high school near such uses is minimally impactful on the operations of such uses There will be low traffic generation which would not significantly impact any intersections in the project vicinity Daily lunch catering service would result in the only truck activity on the site that formerly was a more intensive warehouse use There would be minimal noise from students during lunch and break periods and no outdoor recreational activities on -site There would be minimal use of hazardous chemicals in the science laboratory classrooms, upgraded landscaping, improved seismic strengthening of the budding, and improved fire access as described in the Initial Study of Environmental Impacts Appropriate conditions for development and operations have been established to ensure such compatibility, including restrictions on the public use of the gymnasium during normal school hours to ensure sufficient on -site parking is maintained As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity C That the proposed conditional use will comply with each of the applicable provisions of this Chapter The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements SECTION 6 Approvals Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the City Council adopts a Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment No 656 and Conditional Use Permit No 04 -6 SECTION 7 Reliance on Record Each and everyone of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 8 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 mayor limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 9 Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact SECTION 10 This Resolution will remain effective until superseded by a subsequent resolution SECTION 11 According to the El Segundo Municipal Code, a copy of this Resolution will be mailed to Vistamar School, and to any other person requesting a copy SECTION 12 This Resolution is the City Council's final decision and will become effective immediately upon adoption 5 PASSED, APPROVED AND,AJ:YOPTgb this 15th day of March 2005. ATTEST 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 said City is five, that the foregoing Resolution No. 4416 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of March, 2005, and the same was so passed and adopted by the following vote AYES McDowell, Gaines, Busch, Jacobson NOES Boulgandes ABSENT None ABSTAIN None bgWWW qW Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Atto ey CITY COUNCIL RESOLUTION NO. 4416 Exhibit "A" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Vistamar School agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1 ( "Project Conditions ") Zoning Conditions Before the City issues a budding permit, the applicant will submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the Planning and Budding Safety Department Any subsequent modification to the project as approved will be referred to the Directorof Planning and Budding Safety ( "Director ") for a determination regarding the need for City Council review of the proposed modification 2 A ten -foot high masonry wall must be constructed extending 130 feet north from the southeast corner of the property along the east property line and extending 60 feet west from the southeast corner of the property along the south property line (Mitigation Measure 1) All potentially hazardous substances must be handled strictly in conformance with the American Chemical Society publication entitled "Chemical Safety for Teachers and Their Supervisors ", and any other governmental regulations for the storage, handling, and use of hazardous materials (Mitigation Measure 2) 4 The occupancy of the gymnasium is limited to a maximum of 450 persons at any time and may be utilized for events which involve only students and faculty of the school during normal school hours (7 30 a.m to 3 00 p m ) on school days Afterthe hours of 3 00 p m on school days and all day on non - school days, the gymnasium may be used for events and activities which are open to the general public (Mitigation Measure 3). Before the City issues a budding permit, the applicant must show the location of bicycle racks on the construction plans to accommodate a minimum of five bicycles The bicycle racks must be well -lit and must be installed before the issuance of a Certificate of Occupancy for the first phase of construction Public Safety Conditions 6 Before the City issues a budding permit, the plans must be revised to provide a gate with crash bars connecting the west side of the budding and the west property line and a gate with crash bars connecting the south side of the budding and the south property line to discourage loitering in the west side and the rear yard setbacks Before the City issues a budding permit, the applicant must provide a landscape and irrigation plan for review and approval by the Director of Planning and Building Safety that depicts dense shrubbery between the parking lot at the northwest corner of the property and outdoor dining area in front of the budding to separate the two areas 8 Before budding permits are issued, the applicant must indicate on the floor plans the location of a site directory near the main entrance to the budding displaying a diagrammatic representation of the school facilities The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the first phase 9 Before budding plans are issued, the plans must be revised to provide signage on the exterior of the building identifying the location of the gymnasium, library and cafeteria Signage lettering must be a minimum of four inches in height and of contrasting color to the budding The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the phase of work that the room is included within 10 Before budding permits are issued, the applicant must show on the budding plans that the trash storage area will be completely enclosed Lighting must be provided directly over or adjacent to the trash enclosure area 11. A minimum of one footcandle of light on the ground surfaces must be provided during hours of darkness Passageways and recesses related to and within all sides of the complex, must be illuminated with a maintained minimum of 25- 50 footcandles during hours of darkness Lighting devices must be enclosed and protected by weather and vandal resistant covers 12 Before budding permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval The photometric study must be point -by -point and include the light loss factor (0 7) Lighting levels must be adjusted accordingly to meet the minimum footcandle requirements within each area of the project 13 Street and unit addressing must be a minimum of four to six inches high, of contrasting color to the background and illuminated during hours of darkness 14 Before the City issues a Certificate of Occupancy or approves each phase of construction for each phase of construction, the applicant must provide a set of as- built construction plans (site plans, floor plans, and elevations) to the Police Department 15 The tables, chairs, and umbrellas in the outdoor dining area in the front of the building must comply with ESMC § 15 -2 -16 and must be brought inside the building after school hours or permanently affixed to the ground 16. Before the City issues a budding permit, the floor plans must be revised to relocate the security office to a location adjacent to the main entrance of the building, subject to the review and approval of the Director of Planning and Building Safety and Chief of Police The security office must be constructed before the City issues a Certificate of Occupancy for the first phase of construction Budding Safety 17 Before the City issues a building permit, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes 18 Before the City issues a building permit, separate Plumbing, Mechanical, and Electrical plans will be submitted for plan check Fire Conditions 19 If school meals are prepared on -site, an appropriate wastewater interceptor, subject to review and approval by the Planning and Budding Safety Department and Fire Department, must be installed in the sewer line 20 Before the City issues a budding permit, the construction plans must include appropriate ventilation hoods in the science laboratory classrooms, subject to review and approval of the Fire Department Ventilation hoods must be installed before issuance of a Certificate of Occupancy for each phase in which science laboratory classrooms that require ventilation hoods are included 21 The applicant must provide a chemical inventory and emergency plan for review and approval by the Fire Department if chemical storage on site would be in quantities greater than 55 gallons, 500 pounds, or 200 cubic feet The applicant must consult with the Fire Department on the storage and handling of chemicals in quantities less than described above 22 Before building permits are issued, the applicant must develop plans, which identify fire protection, notification, detection and access provisions and mechanisms for their testing and maintenance Public Works 23 Any existing driveways to be abandoned must be removed and the parkway reconstructed with full height curb and sidewalk improvements 24 Any work or encroachment in the public right -of -way must have a Public Works Permit Service Fees 25 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time library services mitigation fee of $0 03 per gross square foot of budding floor area 26 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time fire services fee of $0 14 per gross square foot of budding floor area 27 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time police services mitigation fee of $0 11 cents per gross square foot of budding floor area 28 Before budding permits are issued, the applicant must pay the required sewer connection fees (as outlined in ESMC Chapter 12 -3) if the development requires a new sewer connection Miscellaneous Conditions 29 The applicant will ensure that water service connections are sized forthe expected water usage increase as a result of the new development 30 If any asbestos or lead -based paint is discovered during demolition and construction, analysis and removal must be performed in conformance with federal, state and local regulations 31 All activities associated with asbestos must be conducted under the direct supervision of a certified asbestos consultant 32 Demolition of structures that have asbestos containing materials (ACM) must comply with the South Coast Air Quality Management District ( "SCAQMD ") Rule 1403 - Asbestos Emissions from Demolition /Renovation Activities 33 During construction and operations, all waste must be disposed of in accordance with all applicable laws and regulations Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler 34 All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all applicable laws and regulations to prevent contaminated soil on paved surfaces that can be washed away into the storm drains 35 If materials spills occur, they will be cleaned up in a way that will not affect the storm drain system 36 The project must comply with ESMC Chapters 5 -4 and 5 -7, which establish storm water and urban pollution controls 0 37 Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting 38 Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been implemented to reduce pollutant loadings identified in the Storm Water Prevention Plan 39 Vistamar School 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 Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, Vistamar School 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 40 Vistamar School and its students shall be subject to the same rules and regulations relating to the use of the El Segundo recreation and parks facilities applicable to all the individuals and groups with respect to the right to utilize such facilities By signing this document, Vistamar School certifies that he has read, understood, and agrees to the Project Conditions listed in this document Jean ampbell, Vistamar School fIf Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company}