The URL can be used to link to this page

CC RESOLUTION 4559RESOLUTION NO. 4559 A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. EA -769, ZONE CHANGE NO. 07 -01, SPECIFIC PLAN AMENDMENT NO. 08 -02, AND SMOKY HOLLOW SITE PLAN REVIEW NO. 07 -04 AT 1700 EAST GRAND AVENUE. 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 5, 2007, Mar Canyon Grand, LLC, filed an application for an Environmental Assessment (EA No. 769), Zone Change No. 07 -01, and Smoky Hollow Site Plan Review (SHSP No. 07 -04), to rezone a 4.25 acre parcel from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone and to allow for the construction of a 32,980 square foot commercial office building to be leased by the United States Government for a Military Entrance Processing Station (MEPS) at 1700 East Grand Avenue; B. On March 31, 2008, Mar Canyon Grand, LLC, filed an application for Specific Plan Amendment (SPA No. 08 -02) to amend the Smoky Hollow Specific Plan to limit the 4.25 acre parcel at 1700 E. Grand Avenue to general office and medical - dental offices uses and incidental accessory uses only; C. The application was reviewed by the City's Planning and Building 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. The proposed project was analyzed for its environmental impacts and an Initial Study of Environmental Impacts was prepared pursuant to CEQA § 15063. A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA § 15070. The draft Initial Study and Mitigated Negative Declaration were available for public comment from May 1, 2008 to June 2, 2008; F. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the applications before the Planning Commission for June 26, 2008; G. On June 26, 2008 the Planning Commission opened a 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 Mar Canyon Grand, LLC; H. Following the public hearing, the Planning Commission adopted Resolution No. 2638 recommending City Council approval of Environmental Assessment (EA No. 769), Zone Change No. 07 -01, Specific Plan Amendment (SPA No. 08 -02), and Smoky Hollow Site Plan Review (SHSP No. 07 -04); I. On July 15, 2008 the City Council held a public hearing and considered the information provided by City staff, public testimony and Mar Canyon Grand, LLC; J. On July 15, 2008 the City Council introduced Ordinance No. 1419 approving Zone Change No. 07 -01, Specific Plan Amendment (SPA No. 08 -02), and Smoky Hollow Site Plan Review (SHSP No. 07 -04); and, K. 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 July 15, 2008 public hearing including 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 project site is located in the Medium Manufacturing (MM) Zone within the Smoky Hollow Specific Plan (SHSP) at 1700 East Grand Avenue; B. The surrounding land uses are industrial facilities in the Medium Manufacturing (MM) Zone and the Medium Density Residential (MDR) Zone to the north, an industrial facility and an animal kennel in the Medium Manufacturing (MM) Zone to the south, an electrical substation and plant nursery in the Medium Manufacturing (MM) Zone and the General 7 Commercial (C -3) Zone to the east, and industrial facilities in the Medium Manufacturing (MM) Zone to the west; C. The proposed project includes rezoning a 4.25 acre parcel from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone; amending the Smoky Hollow Specific Plan to limit the 4.25 acre parcel to general office and medical - dental offices uses and incidental accessory uses only; and allowing construction of a 32,980 square foot commercial office building at 1700 E. Grand Avenue; D. The subject site is irregular in shape with 449 feet of street frontage on Grand Avenue and a total lot area of 4.25 acres (184,888 square feet); E. The subject site is currently vacant, and was formerly occupied by an industrial use that manufactured steel and titanium parts for the aerospace and defense industries; F. Vehicular access to the proposed facility would be provided from one secured driveway located on Grand Avenue, egress would be permitted from two secured driveways on Grand Avenue; G. The proposed FAR for this project would be 0.18 or 32,980 square feet. The maximum FAR for the site as proposed to be rezoned is 0.5. Based on 184,888 square feet of land area (4.25 acres) and an FAR of 0.5, 92,565 square feet could be developed. The subject property is located approximately 400 feet from the nearest residentially zoned property; H. One hundred thirty two parking spaces and a two loading spaces will be provided on site; and The applicant anticipates that the subject site will initially be leased by the United States Army for fifteen (15) years and be used as a Military Entrance Processing Station (MEPS). SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: A. Because of the facts identified in Section 2 of this Resolution, the proposed project was analyzed for its environmental impacts and a Initial Study was prepared pursuant to CEQA Guidelines § 15063. The Initial Study demonstrated that the project would 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 3 § 15070. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared pursuant to CEQA Guidelines §§ 15072 and 15073, and was available for public comment from May 1, 2008 to June 2, 2008. The mitigation measures listed in the mitigated negative declaration are sufficient to reduce all identified environmental impacts to less than significant levels. A substitution for one mitigation measure, HZ -4, is proposed to read as follows: "HZ-4: The proposed MEPS facility must be designed, constructed and operated in compliance with the Department of Defense (DOD) Minimum Antiterrorism Standards for Buildings, except with respect to the east side setback distance of 24 feet between the building and the adjoining property to the east which reduction from the 33 feet set forth in the DOD standards has already been approved by GSA and MEPCOM." B. All requirements of CEQA Guidelines § 15074.1 regarding substitution of mitigation measures in a proposed Mitigated Negative Declaration are met regarding the proposed substitute mitigation measure since: 1. As a result of the public review process for the proposed mitigated negative declaration, including any administrative decisions and public hearings conducted on the project before its approval, the City Council, as lead agency, concludes that the mitigation measure identified in the mitigated negative declaration is infeasible and undesirable; 2. Another mitigation measure is proposed to be substituted that is equivalent that will not create a more adverse effect of its own than the original mitigation measure and the new proposed mitigation measure will reduce the impact to less than significant; 3. No recirculation of the Draft Mitigated Negative Declaration is required since the mitigation measure is proposed to be substituted for the original mitigation measure and made a condition of the project approval; and 4. The City Council held a duly noticed public hearing regarding this matter. C. The City Council reviewed and considered information contained in the draft Initial Study and Mitigated Negative Declaration before approving the project in accordance with CEQA Guidelines § 15074. D. In accordance with § 15074 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Planning and Building Safety Department, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety. E. That when considering the whole record for the draft Initial Study and Mitigated Negative Declaration, there is no evidence that the project will have the potential 4 for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment. F. These findings are based on the various mitigation measures to be required in the implementation of the project as adopted in the Mitigated Negative Declaration as already having been incorporated into the Project. The City Council finds that all the mitigation measures now incorporated into the project are desirable and feasible. G. 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. The proposed project conforms to the City's General Plan in the ESMC as follows: A. The General Plan Land Use Designation of the project site is Smoky Hollow Mixed -Use. The Smoky Hollow Mixed Use classification permits primarily light industrial uses including light manufacturing, research and development, warehousing and office uses. Grand Avenue commercial uses are also permitted in locations as designated under the Smoky Hollow Specific Plan. The permitted FAR for Grand Avenue commercial uses is 0.5 for newly constructed projects. The project site has a Medium Manufacturing (MM) Zoning District designation that allows manufacturing, light industrial, general offices for research, professional and technical services, research and development, warehousing and distribution, public facilities, and public utilities. The proposed zoning designation for the project site is the Grand Avenue Commercial (GAC) Zone that allows cafes, general offices, medical - dental offices, retail sales and theaters. B. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Land Use Element. Land Use Element Policy LU 4 -1.2 requires that "all commercial facilities shall be built and maintained in accordance with Health and Safety Code requirements and shall meet seismic safety regulations and environmental regulations." The development will be built and maintained in accordance with these requirements and regulations. C. The proposed project is consistent with Land Use Element Objective LU 4- 3 to "provide for new office and research and development uses" in that the project will provide a 32,980 square -foot commercial building designed to accommodate general office and medical - office uses. 5 D. The proposed project is consistent with Land Use Element Policy LU 4 -3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed -use developments" in that the project will provide approximately 83,000 square feet of permanent landscaping on the project site. E. The proposed project is consistent with Land Use Element Policy LU 5 -2.2 that states "All outdoor storage shall be properly screened by masonry walls and landscaping." Masonry walls will be utilized for the trash enclosure and equipment area behind the building. F. The proposed project is consistent with Land Use Element Objective LU- 5-3 to "Encourage the rehabilitation of existing substandard blighted industrial areas through the combined efforts of private and public sectors." This site was originally developed with several industrial buildings which have since been demolished. A new, modern commercial office building will be built with significant landscape and hardscape improvements. G. The proposed project is consistent with Land Use Element Policy LU5 -3.1 to "Revitalize and upgrade industrial areas which contain aesthetic or functional deficiencies in such areas as landscaping, off - street parking, or loading areas." The entire site will be developed with new landscape and hardscape, parking and loading areas. H. The proposed project is consistent with Land Use Element Policy LU7 -1.2 in that "No new development shall be allowed unless adequate public facilities are in place or provided for." It is also consistent with Land Use Element Policy LU 4 -3.6 which states that the City should require landscaping, its maintenance, and permanent upkeep in all new office and mixed -use developments." A new, modern commercial office building will be built with significant landscaping and hardscape improvements that will be supported by adequate public infrastructure. The proposed project is consistent with Circulation Element Objective C1- 1 to "Provide a roadway system that accommodates the City's existing and projected land use and circulation needs." A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 9 -foot irrevocable offer to dedicate to accommodate future right -of -way dedications. J. The proposed project is consistent with Circulation Element Policy C1 -1.2 to "Pursue implementation of all Circulation Element policies such that all A Master Plan roadways are upgraded and maintained at acceptable levels of service." A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 9 -foot irrevocable offer to dedicate to accommodate future right -of -way dedications to upgrade and maintain Grand Avenue at an acceptable level of service. K. The proposed project is consistent with Circulation Element Policy C1 -1.5 to "Implement roadway and intersection upgrades to full Circulation Element standards when needed to improve traffic operating conditions and to serve development." A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 9 -foot irrevocable offer to dedicate to accommodate for possible future right -of -way dedications to implement roadway upgrades to full Circulation Element standards. L. The proposed project is consistent with Circulation Element Policy C1- 1.14 to "Require a full evaluation of potential traffic impacts associated with proposed new development before project approval. Further, require the implementation of appropriate mitigation measures before, or in conjunction with, project development. Mitigation measures may include new roadway links on segments that would connect the new development to the existing roadway system, intersection improvements, and other measures. Mitigation measures shall be provided by or paid for by the project developer." KOA Corporation completed a Traffic Study for the proposed project and found that although peak hour trips would be added by the project, it would not create a potentially significant number of AM or PM peak hour trips. The Study also found that the project was not expected to create significant traffic impacts at any of the study intersections. The additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. M. The proposed project is consistent with Circulation Element Policy C1- 1.15 to "Pursue and protect adequate right -of -way to accommodate future circulation system improvements." A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 9 -foot irrevocable offer to dedicate to accommodate future right -of -way dedications. N. The proposed project is consistent with Circulation Element Policy C1- 1.16 to "Encourage the widening of substandard streets and alleys to meet City standards wherever feasible." A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 9 -foot irrevocable offer to dedicate to accommodate future right -of -way dedications to widen Grand Avenue, a substandard street, to meet City standards. 7 O. The proposed project is consistent with Circulation Element Policy C1 -3.2 to "Ensure that the development review process incorporates consideration of off - street commercial loading requirements for all new projects. Two off - street commercial loading spaces will be provided consistent with the ESMC requirements. The loading spaces will be screened using masonry walls and landscaping. P. The proposed project is consistent with Circulation Element Policy C2 -1.3 to "Encourage new developments in the City to participate in the development of the citywide system of pedestrian walkways and require participation funded by the project developer where appropriate." Full sidewalk and curb and gutter to City Standards are incorporated into the design of this project. Q. The proposed project is consistent with Circulation Element Policy C2 -1.4 to "Ensure the installation of sidewalks on all future arterial widening or new construction projects, to establish a continuous and convenient link for pedestrians." Full sidewalk and curb and gutter to City standards are incorporated into the design of this project. R. The proposed project is consistent with Circulation Element Policy C2 -2.2 to "Encourage new development to provide facilities for bicyclists to park and store their bicycles and provide shower and clothes changing facilities at or close to the bicyclist's work destination." While ESMC § 15- 16 -3(A) does not require bicycle facilities for projects less than 50,000 square feet, the proposed project provides three bicycle racks on site that will accommodate bicycles for employee use. S. The proposed project is consistent with Circulation Element Policy 3 -1.1 to "Require all new development to mitigate project - related impacts on the existing and future circulation system such that all Master Plan roadways and intersections are upgraded and maintained at acceptable levels of service through implementation of all applicable Circulation Element policies. Mitigation measures shall be provided by or paid for by the project developer." KOA Corporation completed a Traffic Study for the proposed project and found that although peak hour trips would be added by the project, it would not create a potentially significant number of AM or PM peak hour trips. The Study also found that the project was not expected to create significant traffic impacts at any of the study intersections. The additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. A 10 -foot offer of dedication will be provided along Grand Avenue along with an additional 0 9 -foot irrevocable offer to dedicate to accommodate future right -of -way dedications. T. The proposed project is consistent with Circulation Element Policy C3 -1.8 to "Require the provision of adequate pedestrian and bicycle access for new development projects through the development review process." Full sidewalk and curb and gutter to City standards are incorporated into the design of this project that will provide adequate pedestrian access. Adequate bicycle access will be available to the site. U. The proposed project is consistent with Circulation Element Policy C3 -2.1 to "Ensure the provision of sufficient on -site parking in all new development." The proposed project is required to provide 125 parking spaces and 132 are proposed. V. The ESMC requires review for conformance with the Smoky Hollow Specific Plan. The proposed project would be consistent with the Smoky Hollow Specific Plan Goals, Objectives, and Policies if the proposed Zone Change from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Zone is implemented. The proposed project complies with numerous Goals, Objectives and Policies of the Smoky Hollow Specific Plan (SHSP). Specifically, the proposed project is consistent with SHSP Policy 1.4 (Promote expansion or redevelopment of existing development that a) is an authorized use; b) meets prescribed development regulations; and c) Is responsive to established design guidelines); Objective 2.2 (Improvement of development that is deteriorated or inefficiently designed); Objective 2.3 (Reasonable development standards for new development that occurs); Objective 3.1 (Elimination of visible outside storage); Objective 3.2 (More consistent building elevations and materials); Objective 3.3 (Contemporary landscape treatments); Policy 3.1 (Require adherence to design guidelines in the plan for new development); Policy 4.3 (Establish and maintain immediate height, i.e. between thirty five feet and forty five feet); Objective 5.3 (Location of new uses in areas which contribute most to overall improvement of the area); Objective 7.4 (Site development regulations which require safe and effective ingress and egress for each business enterprise); Policy 7.3 (Include responsiveness to design guidelines as a major consideration in site plan review and approval); Objective 8.1 (Maintenance or improvement of existing service levels); Objective 8.2 (Adequate sight distances at all intersections); Objective 8.3 (Safe sidewalks where there is a purpose for pedestrian access); Objective 9.2 (Adequate employee 9 parking near the place of employment); and Objective 9.4 (Convenient loading which does not cause safety or access problems). SECTION 5: Zone Change Findings. Based upon the factual findings of this Resolution, the proposed Zone Change is necessary to carry out the proposed project because the proposed uses are only allowed in the Grand Avenue Commercial (GAC) Floating Zone and to maintain consistency with the General Plan land use designation of Smoky Hollow Mixed -Use with the Smoky Hollow Specific Plan (SHSP). SECTION 6: Smoky Hollow Specific Plan Amendment Findings. After considering the above facts regarding proposed Environmental Assessment No. 769, and Smoky Hollow Specific Plan Amendment No. 08 -02, the City Council finds as follows: A. The proposed project is compatible with the intent and purpose of the Specific Plan. The proposed project is consistent with Smoky Hollow Specific Plan Goals, Objectives and Policies as required in ESMC § 15- 7B-12(D) if the Smoky Hollow Specific Plan Amendment to limit the permitted uses to general office and medical- dental office use with incidental accessory uses is approved. The proposed project complies with numerous Goals, Objectives and Policies of the Smoky Hollow Specific Plan (SHSP). Specifically, the proposed project is consistent with SHSP Policy 1.4 (Promote expansion or redevelopment of existing development that a) is an authorized use; b) meets prescribed development regulations; and c) Is responsive to established design guidelines); Objective 2.2 (Improvement of development that is deteriorated or inefficiently designed); Objective 2.3 (Reasonable development standards for new development that occurs); Objective 3.1 (Elimination of visible outside storage); Objective 3.2 (More consistent building elevations and materials); Objective 3.3 (Contemporary landscape treatments); Policy 3.1 (Require adherence to design guidelines in the plan for new development); Policy 4.3 (Establish and maintain immediate height, i.e. between thirty five feet and forty five feet); Objective 5.3 (Location of new uses in areas which contribute most to overall improvement of the area); Objective 7.4 (Site development regulations which require safe and effective ingress and egress for each business enterprise); Policy 7.3 (Include responsiveness to design guidelines as a major consideration in site plan review and approval); Objective 8.1 (Maintenance or improvement of existing service levels); Objective 8.2 (Adequate sight distances at all intersections); Objective 8.3 (Safe sidewalks where there is a purpose for pedestrian access); Objective 9.2 (Adequate employee parking near the place of employment); iC and Objective 9.4 (Convenient loading which does not cause safety or access problems). B. The proposed project is compatible with the intent and purpose of the regulations of the Smoky Hollow Specific Plan. The proposed project is consistent with the Smoky Hollow Specific Plan Grand Avenue Commercial (GAC) Floating Zone Development Regulations as required in ESMC § 15- 713- 12(A). The proposed project will comply with the development standards for the Grand Avenue Commercial (GAC) Floating Zone if the Zone Change from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone is approved and the Smoky Hollow Specific Plan Amendment to limit the permitted uses to general office and medical - dental office use with incidental accessory uses is approved. The project design meets all height, setback, floor area ratio, parking and landscaping requirements. C. The proposed project is compatible with the intent and purpose of the design guidelines of the Smoky Hollow Specific Plan. The proposed project is consistent with Smoky Hollow Specific Plan Design Guidelines as required in ESMC § 15- 7B -12(B) if the Zone Change from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone is approved and the Smoky Hollow Specific Plan Amendment to limit the permitted uses to general office and medical - dental office use with incidental accessory uses is approved. The proposed project complies with the development standards for the Grand Avenue Commercial (GAC) Floating Zone and the design guidelines of the Smoky Hollow Specific Plan (SHSP) by incorporating design elements that are consistent with the SHSP Design Guidelines. Specifically, the proposed project is consistent with the following SHSP Design Guidelines in ESMC § §15- 11- 3(I)(2)(b), 15- 11- 3(I)(2)(c), 15 -11- 3(1)(4), 15- 11- 3(1)(6), 15- 11- 3(I)(7)(g), 15- 11- 3(I)(8)(e)(1); 15- 11- 3(I)(e)(2); 15- 11- 3(I)(8)(e)(5), 15- 11- 3(I)(9)(a), 15- 11- 3(I)(9)(b), 15- 11- 3(I)(9)(e), 15- 11- 3(I)(10)(a), 15- 11- 3(I)(10)(b), 15- 11- 3(I)(10)(c), 15- 11- 3(I)(10)(e), 15-11 - 3(I)(11)(b) and 15- 11- 3(I)(11)(c), relating to encouraging the use of richness of surface and texture, play of light and shadow, multi - planes roofs, and a high degree or wall articulation; avoiding or minimizing the use of highly reflective surfaces, large blank walls, large metal surfaces, chain link fences, and exposed concrete block; encouraging use of subtle warm tones and a mixture of materials for building surfaces; using architecturally integrated rooftop equipment screening; controlled site 11 access; separate service areas and service access; not locating parking and loading areas in setback areas; locating access points for parking lots away from street intersections; providing front yard landscaping; using landscape materials to enhance the major architectural design elements; using native and drought tolerant plant material where feasible; using landscaping, fences and walls to screen or enclose outdoor storage areas, loading docks and ramps, transformers, storage tanks and other items of poor visual quality; and limiting light standards to no greater than 20 feet in height. D. The proposed project is compatible with the intent and purpose of the incentives of the Smoky Hollow Specific Plan specified in ESMC § 15-713 - 12(C) in that two lots will be consolidated into one larger parcel if the Zone Change from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone is approved and the Smoky Hollow Specific Plan Amendment to limit the permitted uses to general office and medical - dental office use with incidental accessory uses is approved. E. The proposed uses in the proposed project will not erode the commercial market for downtown businesses when activating the Grand Avenue Commercial (GAC) Floating Zone because of the unique characteristics of the proposed use in that it is a commercial facility that will contain specialized general office and medical - dental office uses that are not open to the general public or available for lease in competition with downtown businesses. Additionally, no retail activity will be permitted on the site. Furthermore, the proposed MEPS project as designed does not represent the maximum build -out of the 4.25 acre site as would be allowed either under the existing Medium Manufacturing (MM) Zone which allows a maximum Floor Area Ratio (FAR) of 0.6 (112,000 square feet maximum) or under the proposed Grand Avenue Commercial (GAC) Zone which allows a maximum FAR of 0.5 (92,565 square feet maximum). The proposed project would have a FAR of 0.18 (32,980 square feet). No competition among uses would occur with the downtown businesses since the project site is underutilized and would be limited to specialized uses. Therefore, the special finding can be made as required in ESMC § 15 -713- 13. SECTION 7: Smoky Hollow Site Plan Review Findings. After considering the above facts regarding proposed Environmental Assessment No. 769, and Smoky Hollow Site Plan Review No. 07 -04, the City Council finds as follows: A. The proposed project is compatible with the intent and purpose of the Specific Plan. 12 The proposed project complies with numerous Goals, Objectives and Policies of the Smoky Hollow Specific Plan (SHSP). Specifically, the proposed project is consistent with SHSP Policy 1.4 (Promote expansion or redevelopment of existing development that a) is an authorized use; b) meets prescribed development regulations; and c) Is responsive to established design guidelines); Objective 2.2 (Improvement of development that is deteriorated or inefficiently designed); Objective 2.3 (Reasonable development standards for new development that occurs); Objective 3.1 (Elimination of visible outside storage); Objective 3.2 (More consistent building elevations and materials); Objective 3.3 (Contemporary landscape treatments); Policy 3.1 (Require adherence to design guidelines in the plan for new development); Policy 4.3 (Establish and maintain immediate height, i.e. between thirty five feet and forty five feet); Objective 5.3 (Location of new uses in areas which contribute most to overall improvement of the area); Objective 7.4 (Site development regulations which require safe and effective ingress and egress for each business enterprise); Policy 7.3 (Include responsiveness to design guidelines as a major consideration in site plan review and approval); Objective 8.1 (Maintenance or improvement of existing service levels); Objective 8.2 (Adequate sight distances at all intersections); Objective 8.3 (Safe sidewalks where there is a purpose for pedestrian access); Objective 9.2 (Adequate employee parking near the place of employment); and Objective 9.4 (Convenient loading which does not cause safety or access problems). B. The plan will not have an adverse impact on the public health, safety, interest, convenience or the general welfare. The design of the proposed project has incorporated design and safety measures to minimize any adverse impact on the public health, safety, interest, convenience or the general welfare. C. The site plan is compatible with the intent and purpose of the regulations and design guidelines of the Smoky Hollow Specific Plan. The proposed project complies with the development standards for the Grand Avenue Commercial (GAC) Floating Zone and the design guidelines of the Smoky Hollow Specific Plan (SHSP) by incorporating design elements that are consistent with the SHSP Design Guidelines. Specifically, the proposed project is consistent with the following SHSP Design Guidelines in ESMC § §15- 11- 3(I)(2)(b), 15- 11- 3(I)(2)(c), 15-11 - 3(l)(4), 15- 11- 3(I)(6), 15- 11- 3(I)(7)(g), 15- 11- 3(I)(8)(e)(1); 15- 11- 3(I)(e)(2); 13 15- 11- 3(I)(8)(e)(5), 15- 11- 3(I)(9)(a), 15- 11- 3(I)(9)(b), 15- 11- 3(I)(9)(e), 15- 11- 3(I)(10)(a), 15- 11- 3(I)(10)(b), 15- 11- 3(I)(10)(c), 15- 11- 3(I)(10)(e), 15-11 - 3(I)(11)(b) and 15- 11- 3(I)(11)(c), relating to encouraging the use of richness of surface and texture, play of light and shadow, multi - planes roofs, and a high degree or wall articulation; avoiding or minimizing the use of highly reflective surfaces, large blank walls, large metal surfaces, chain link fences, and exposed concrete block; encouraging use of subtle warm tones and a mixture of materials for building surfaces; using architecturally integrated rooftop equipment screening; controlled site access; separate service areas and service access; not locating parking and loading areas in setback areas; locating access points for parking lots away from street intersections; providing front yard landscaping; using landscape materials to enhance the major architectural design elements; using native and drought tolerant plant material where feasible; using landscaping, fences and walls to screen or enclose outdoor storage areas, loading docks and ramps, transformers, storage tanks and other items of poor visual quality; and limiting light standards to no greater than 20 feet in height. SECTION 8: Approvals. A. The City Council adopts the attached Findings of Facts as set forth in Exhibit "A," which are incorporated into this Resolution by reference. B. In accordance with the requirements of Public Resources Code §§ 21081(a) and 21081.6, the City Council adopts a Mitigation Monitoring and Reporting Program (MMRP) as set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. The City Council adopts each of the mitigation measures expressly set forth in the MMRP as conditions of approval of the project. The other project conditions of approval and compliance with applicable codes, policies, and regulations will further ensure that the environmental impacts of the proposed project will not be greater than set forth in the Mitigated Negative Declaration and these findings. C. As set forth in Ordinance No. 1419, the City Council amends the Smoky Hollow Specific Plan zone designation from the Medium Manufacturing (MM) Zone to the Grand Avenue Commercial (GAC) Floating Zone for the 4.25 acre parcel at 1700 East Grand Avenue. The corresponding changes to the Zoning Map are set forth in Exhibit "A" to Ordinance No. 1419. D. As set forth in Ordinance No. 1419, the City Council amends the Smoky Hollow Specific Plan to limit the 4.25 acre parcel at 1700 East Grand Avenue 14 to general office and medical - dental offices uses and incidental accessory uses only. E. Subject to the conditions listed on the attached Exhibit "C," which are incorporated into this Resolution by reference, the City Council adopts the Draft Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment No. 769, and approves Zone Change No. 07 -01, Specific Plan Amendment No. 08 -02, and Smoky Hollow Site Plan Review No. 07 -04. SECTION 9: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 10: 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 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 11: 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 12: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 13: A copy of this Resolution shall be mailed to William Messori at Mar Canyon Grand, LLC, and to any other person requesting a copy. 15 SECTION 14: This Resolution is City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 15th day of July, 2008. Ily McDowell, 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. 4559 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 July, 2008, and the same was so passed and adopted by the following vote: AYES: Busch, Brann, Fisher NOES: Jacobson ABSENT: None ABSTAIN: McDowell Cindy Morte en, City Cle k -!� /L✓ nt City Attorney CITY COUNCIL RESOLUTION NO. 6 559 Exhibit A After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment (EA No. 769), Zone Change No. 07 -01, Specific Plan Amendment (SPA No. 08 -02), and Smoky Hollow Site Plan Review (SHSP No. 07 -04), including, without limitation, the factual information and conclusions set forth in this Resolution and its attachment, the City Council finds, determines, and declares for the Military Entrance Processing Station project as follows: I. FINDINGS REQUIRED BY CEQA. Public Resources Code § 21080 and CEQA Guidelines § 15074 require the City, before approving a project, to determine that the project would not have a significant effect on the environment and that the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances: 1. There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment. 2. An initial study identifies potentially significant effects on the environment, but (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment. Further, the decisionmaking body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT. A. Impacts Found to be Not Potentially Sisanificant by the Initial Study. The Initial Study identified the following environmental effects as not potentially significant. Accordingly, the City Council finds that the Initial Study, the Mitigated Negative Declaration, and the record of proceedings for the Military Entrance Processing Station project do not identify or contain substantial evidence identifying significant environmental effects of the Military Entrance Processing Station project with respect to the areas listed below. 1. Agricultural Resources. 2. Biology. 3. Mineral Resources. B. Impacts Identified as Less Than Significant in the Initial Study. The Initial Study identified the following environmental effects as less than significant. Accordingly, the City Council finds that the Initial Study, the Mitigated Negative Declaration, and the record of proceedings for the Military Entrance Processing Station project do not identify or contain substantial evidence identifying significant environmental effects of the Military Entrance Processing Station project with respect to the areas listed below. 1. Geology and Soils. 2. Hydrology and Water Quality. 3. Land Use and Planning. 4. Population and Housing. 5. Recreation. 6. Transportation and Traffic. 7. Utilities and Service Systems. C. Impacts Identified as Potentially Significant But Which Can Be Reduced to Less - Than - Significant Levels with Mitigation Measures. The City Council finds that the following environmental effects were identified as Less Than Significant with Mitigation Incorporated in the Mitigated Negative Declaration, and implementation of the identified mitigation measures would avoid or lessen the potential environmental effects listed below to a level of significance. Aesthetics. a) Facts /Effects. (1) Light or Glare. Reflective light or glare is primarily a daytime phenomenon caused by sunlight reflecting from highly finished surfaces, such as window glass or other reflective materials, and to a lesser degree from lightly colored surfaces. Typically, the primary cause of adverse glare is buildings with exterior fagades of highly reflective glass or mirror -like material from which reflects the sun when it is at low angles in the periods following sunrise and prior to sunset. The proposed project design does not include a large amount of glass on the facade of the building. In addition, the use of highly reflective glass is not proposed. With the implementation of the following mitigation measures, potential impacts related to light and glare during daytime hours would be less than significant. b) Mitigation: (1) Expansive areas of highly reflective materials, such as mirrored glass, shall not be permitted. Non - reflective building materials shall 2 be used to the maximum extent possible to reduce potential glare impacts. (2) Lighting shall be designed to minimize off -site glare. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 2. Air Quality. a) Facts /Effects. (1) Construction Phase. Construction activities would include site excavation and grading of the proposed project site and construction of the proposed building. The site is currently vacant and no demolition would be required. Construction emissions are generally the result of demolition and grading activity, truck travel through the project area, painting of new buildings, and laying new asphalt. Construction emissions were estimated using the URBEMIS 2007 computer model, and the results are shown in Table 3 -1 (Estimated Peak Daily Construction Emissions in Pounds per Day) of the MND. It is anticipated that standard construction best management practices (BMPs) would be followed to limit the amount of PM,o and PM2.5 emissions released into the local area during construction activities, consistent with SCAQMD Rule 403. With the incorporation of the mitigation measures and BMPs, construction related emissions are anticipated to be less than significant. (2) Cumulative Net Increase in Criteria Pollutants. The project site is located within the SCAB, which is under the jurisdiction of the SCAQMD. Despite consistent improvements in pollution levels in the South Coast Air Basin over the past thirty years, levels of ozone (for which ROG and NOX are precursors), PM,(), and PM2.5 are above national and state standards. Therefore, projects could cumulatively exceed an air quality standard or contribute to an existing or projected air quality exceedance. With regards to determining the significance of the proposed project's contribution, the SCAQMD neither recommends quantified analyses of cumulative construction or operational emissions, nor provides separate methodologies or thresholds of significance to be used to assess cumulative construction or operational impacts. Instead, the SCAQMD recommends that a project's potential contribution to cumulative impacts should be assessed using the same significance criteria as those for project specific impacts; that is, individual development projects that generate construction - related or operational emissions that exceed the SCAQMD- recommended daily thresholds for project- specific impacts would also cause a 3 cumulatively considerable increase in emissions for those pollutants for which the Basin is in non - attainment. As the proposed project does not exceed SCAQMD daily significance thresholds for criteria air pollutants, as described under Item 3.3.3(b), implementation of the proposed project would not result in a cumulatively considerable net increase in criteria air pollutants for the project region. Therefore, this impact would be less than significant. Implementation of the mitigation measures would reduce the proposed project's construction and operational emissions to less- than - significant levels. b) Mitigation (1) The project applicant's construction contractor shall implement all rules and regulations by the Governing Board of the SCAQMD that are applicable to the development of the project (such as Rule 402 [Nuisance] and Rule 403 [Fugitive Dust]) and that are in effect at the time of development. The following measures are currently recommended to implement Rule 403. These measures have been quantified by SCAQMD as being able to reduce PM,o levels generated by construction activities between 30 and 85 percent depending on the source of PM,o. (2) Water trucks shall be utilized on the site and shall be available to be used throughout the day during site grading and excavation to keep the soil damp enough to prevent PM,o levels being raised by activities associated with project construction. (3) Areas that are to be graded or that are being graded and /or excavated shall be wetted down in the late morning and after work is completed for the day. (4) All unpaved parking or staging areas, or unpaved road surface shall be watered three times daily or have chemical soil stabilizers applied according to manufacturer's specifications. (5) Exposed piles (i.e., gravel, sand, and dirt) shall be enclosed, covered, watered twice daily, or approved soil binders shall be applied to exposed piles according to manufacturer's specifications. (6) The construction disturbance area shall be kept as small as possible. (7) All trucks hauling dirt, sand, soil, or other loose materials shall be covered or have water applied to the exposed surface prior to leaving the site to prevent PM,o and PM2,5 from reaching the surrounding areas. (8) Consolidate truck deliveries when possible. (9) Wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads and used to wash off trucks and any equipment leaving the site each trip. 4 (10) Streets adjacent to the project site shall be swept at the end of the day if visible soil material is carried over to adjacent roads. (11) Wind barriers shall be installed along the perimeter of the site. (12) All excavating and grading operations shall be suspended when wind speeds exceed 25 miles per hour over a 3- minute period. (13) The project applicant's construction contractor shall use low -VOC or ultra -low VOC paints that produce no more than 6.66 VOC lbs per 1,000 sf for architectural coating. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 3. Cultural Resources. a) Facts /Effects. (1) Archaeological Resources. The project site has already been subject to extensive disruption and contains fill materials. Any archaeological resources, which may have existed at one time, have likely been previously disturbed. In addition, the CHRIS records search conducted for the project site revealed that no archaeological resources are located on the project site. Nonetheless, construction activities associated with project implementation would have the potential to unearth undocumented resources and result in a significant impact. Therefore, the potential for damage to, or destruction of, these resources would be a potentially significant impact. If archaeological resources are discovered during construction, the Applicant will implement the mitigation measures which will ensure proper evaluation and treatment of archaeological resources, if found. Impacts would be less than significant with mitigation. (2) Paleontological Resource. The project site has already been subject to extensive disruption and contains fill materials. Any paleontological resources, which may have existed at one time, have likely been previously disturbed. In addition, a records check for paleontological resources was requested from the Los Angeles County Museum of Natural History for the project site. The records search revealed that no paleontological resources are located on the project site (included as Appendix D (Los Angeles County Museum of Natural History Letter]). Nonetheless, construction activities associated with project implementation would have the potential to unearth undocumented resources and result in a 5 significant impact. Therefore, the potential for damage to, or destruction of, these resources would be a potentially significant impact. However, implementation of the mitigation measures identified herein, would reduce any potential impacts to less -than- significant levels. (3) Human Remains. A Sacred Lands File records search was requested from the Native American Heritage Commission for the project site. The records search failed to indicate the presence of Native American cultural resources in the project area (included as Appendix E [Native American Heritage Commission Letter]) of the MND. In addition, no formal cemeteries are known to have occupied any portion of the project site, so any human remains encountered would likely come from archaeological or historical archaeological contexts. Human burials, in addition to being potential archaeological resources, have specific provisions for treatment in § §5097 of the California Public Resources Code (PRC) and Sections 7050.5, 7051, and 7054 of the California Health and Safety Code (HSC). Because the area is underlain by disturbed soils, the presence of human remains is remote. However, if remains are encountered, disturbing these remains could violate PRC and HSC provisions, as well as destroy the resource. Implementation of the mitigation measures identified herein would ensure that this potential impact is less than significant by ensuring appropriate examination, treatment, and protection of human remains, if any are discovered. b) Mitigation: (1) In the event that archaeological /paleontological resources are unearthed during project subsurface activities, all earth - disturbing work within a 100 -meter radius shall be temporarily suspended or redirected until an archeologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel shall be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, shall prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of § §21083.2 of CEQA. The archaeologist or paleontologist shall complete a report of the excavations and findings, and shall submit the report for peer review by three County - certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the County shall submit the report to the Los Angeles Archeological Information Center and keep the report on file at the County of Los Angeles. After the find has been appropriately mitigated, work in the area may resume. (2) If human remains are unearthed, in accordance with State Health and Safety Code § §7050.5 the applicant shall require from 0 the construction contractor that no further disturbance will occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code § §5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission (NAHC) of the findings within 24 hours. The NAHC will then contact the most likely descendant of the deceased Native American, who will serve as consultant on how to proceed with the remains. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 4. Hazards and Hazardous Materials. a) Facts /Effects. (1) Transport and Disposal. Construction and operation of the proposed project would not require extensive or on -going use of materials that would create a significant hazard. Likewise, implementation of the proposed project would not provide for significant transport or disposal of hazardous materials. While not anticipated to be significant, some common hazardous materials would be used in varying amounts during construction and operation of the proposed project. Some examples of hazardous materials handling during construction operations include fueling and servicing construction equipment on -site, and the transport of fuels, lubricating fluids, and solvents. These materials are generally disposed of at non - hazardous Class II and III landfills (along with solid waste). Regarding operation of the proposed project, development of the site would include a 32,980 square -foot military processing center where new recruits are administered medical, physical and written examinations. It is expected that the proposed project would involve little use of hazardous materials. As the proposed project would be used to perform physical examinations of military recruits, biohazards in the form of needles, gloves, and vials may be used and disposed of at the project site. However, the use, transport, and disposal of any hazardous materials during construction and operation of the proposed project would be subject to federal, state, and local health and safety requirements. The following mitigation measures would ensure that this impact is less than significant by requiring compliance with applicable laws and regulations that would reduce the risk of hazardous materials use, transportation, and disposal through the implementation of established safety practices, procedures, and reporting requirements. 7 (2) Upset or Accidental Release. A Phase I Environmental Site Assessment (Phase 1) was prepared for the proposed project to identify the potential presence of hazardous substances and other hazardous materials issues that may have an environmental impact on the property or future development. This document is included in Appendix G. The site was previously developed with four manufacturing /office buildings, and the buildings were utilized for the machining of steel and titanium parts for the aerospace and defense industries. The easternmost buildings on the project site were used to house the main machine shop, which included cutting, shaping, drilling, polishing, and related operations. Major chemicals utilized on site during operations included machine coolants /cutting fluids, hydraulic fluids, and alkaline cleaners. Smaller quantities of alcohols and testing chemicals were also utilized. The Phase I was prepared prior to the demolition of the buildings on -site and inspection of the site conducted for the Phase I reported no major evidence of releases. The only major environmental condition noted by the Phase I was the presence of a subsurface perchloroethylene (PCE) vapor cloud underneath the project site. In addition, the project site is included on several regulatory databases for hazardous materials and is located in the vicinity of several known and suspected contamination sites. Finally, based on historical information, the Phase I indicated that an oil well, sump, and above - ground tanks were located in the southeastern portion of the site in the 1930s. The above - ground oil tanks where most likely used to store oil extracted from the project site. The Phase I recommended that the area around the well be further investigated (SCS Engineers 2006). (3) To address the PCE vapor cloud present within the soil below the project site, the proposed project will include a vapor barrier (an impermeable membrane and improved venting system) that will be constructed below the project site. Given this design feature, the City of El Segundo's Environmental Safety Manager concluded that no further action is required with respect to PCE- impacted soil. The mitigation measure requires that, upon installation of the vapor barrier system, the applicant or construction contractor shall contact the El Segundo Fire Department for an inspection and smoke testing. With regards to the inclusion of the project site on several regulatory databases, these listings were generally related to hazardous material use and hazardous waste generation. None of the listings were indicative of known on -site contamination and no violations were found. As for known or suspected contamination off site, the Phase I indicated that none of the off -site properties posed a threat to the project site. See Item 3.3.7(d) for more detail. The well located on the southeastern corner of the project site is referred to as the "Ramsey - Wallace" well. The Department of Conservation, Division of Oil, Gas and Geothermal Resources concluded that the well has been abandoned or re- abandoned to current Department of Conservation standards. The Department of Conservation recommends that a well vent system be provided for the Ramsey - Wallace well located at the project site. D During demolition /grading activities, a previously unknown abandoned underground fuel tank and oil sump were discovered on the project site. The tank was subsequently removed and the City of El Segundo Fire Department issued a letter (included as Appendix H) stating that no further action is required. In addition, impacted soil around the sump was also removed and the City of El Segundo Fire Department issued another letter (see Appendix H) stating that no further action is required. As described above, previous uses of the project site included the use of hazardous materials that could create a significant hazard to the public or the environment through reasonably foreseeable accident conditions. However, potentially significant hazardous conditions have been addressed by the appropriate agency and remedial action has been performed on those potentially significant conditions. Further, the mitigation measures identified herein would require the developer to request an inspection of the vapor barrier be performed by the City's Fire Department. Therefore, the potential for significant hazards to the public or the environment to occur through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment during construction is considered less than significant. The types of hazardous materials associated with the operation of an office and medical building would generally be limited to those associated with janitorial, maintenance, and repair activities; such as commercial cleansers, lubricants, and paints. In addition, patient care activities would involve relatively small quantities of hazardous materials, such as chemicals used to sterilize equipment; formaldehyde for specimen preservation; and solvents, oxidizers, corrosives, and stains used in clinical laboratories. Operations on- site would also generate biohazardous materials and medical wastes (including blood specimens, and body fluids). Finally, patient care would involve the use of x -ray equipment, which does not involve any radioactive substances, but is regulated as radioactive material. The amounts and use of these hazardous materials would be very limited and would be subject to federal, State, and local health and safety requirements. Such requirements would be incorporated into the design and operation of the building; such as providing and maintaining appropriate storage areas for hazardous materials, installing or affixing appropriate warning signs and labels, using commercial services that specialize in the recycling of biohazardous materials, installing emergency wash areas for flushing irritating fluids from eyes and exposed skin areas in the event contact occurs, and providing well - ventilated areas in which to use paints and solvents. Therefore, the potential for significant hazards to the public or the environment to occur through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment during project operation is considered less than significant. E The MEPS facility is a privately owned building that is proposed to be leased to the federal government and could be a potential target for terrorist activity. It is not possible to estimate the probability of a terrorist attack. However, based on law enforcement's role in combating terrorism, the City has identified critical sites and has assessed the vulnerability of these sites to a terrorist attack. Venues likely to suffer the impact of terrorism include government facilities, military facilities, entertainment and cultural facilities, including the business district, and the popular hotels. Effective design of heating, ventilation, and air conditioning (HVAC) systems can significantly reduce the potential for chemical, biological or radiological agents being distributed throughout the buildings. The Department of Defense (DoD) has mandatory antiterrorism standards for the construction and operation of federal facilities. Although the building will not be owned by the federal government, its use by the federal government as a MEPS facility makes it a potential target for terrorist activity. These standards provide effective ways to minimize the likelihood of mass casualties from terrorist attacks against DoD personnel in the buildings in which they work and live. Therefore, implementation of mitigation measures identified herein will ensure potential impacts from bioterrorism for MEPS personnel and recruits are less than significant. (4) Handle Hazards within One - Quarter Mile of School El Segundo Middle School, located at 332 Center Street, is located within one - quarter mile of the proposed project site. Hazardous emissions could occur during construction of the proposed project. However, these emissions would be within the accepted levels as established by the South Coast Air Quality Management District. Further, emissions related to construction are not considered acutely hazardous. As required by the mitigation measures identified herein, the developer would be required to adhere to all regulations pertaining to hazardous materials. Once operational, the most common hazardous material associated with the proposed project would be medical waste. This waste would be properly disposed of, as required by the mitigation measures identified herein. Therefore, the emission or handling of hazardous or acutely hazardous material within one - quarter mile of an existing school would be less than significant. As required by the proposed mitigation measures, the proposed MEPS facility shall be designed, constructed and operated in compliance with the antiterrorism standards set forth by the Department of Defense. Therefore, potential impacts from bioterrorism would be less than significant. No mitigation measures beyond those outlined under 3.3.7.a are required. b) Mitigation: (1) The applicant and construction contractor shall comply with existing hazardous materials regulations, which are codified in Titles 8, 22, and 26 of the California Code of Regulations, and their enabling legislation set forth in Chapter 6.95 of the California Health 10 and Safety Code. In addition, the applicant and construction contractor shall comply with applicable federal, state, and local laws and regulations pertaining to the transport, use, and disposal of hazardous waste, including, but not limited to, Title 49 of the Code of Federal Regulations and as implemented by Title 13 of the CCR. (2) The United States Government (MEPS) shall comply with all City and County regulations applying to the use and disposal of medical -based hazardous waste. Furthermore, MEPS personnel shall ensure that all bio- hazardous waste produced at the proposed project site is properly disposed of. (3) Upon completion of the vapor barrier installation, the project applicant or construction contractor shall contact the City of El Segundo Fire Department to request that an inspection and smoke test be performed to confirm that the vapor barrier was properly installed. (4) The proposed MEPS facility shall be designed, constructed and operated in compliance with the antiterrorism standards set forth by the Department of Defense (DOD), except with respect to the east side setback distance of 24 feet between the building and the adjoining property to the east which is a reduction from the 33 feet set forth in the DOD standards and has already been approved by GSA and MEPCOM. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 5. Noise. a) Facts /Effects. (1) Construction Noise. Temporary, intermittent elevated noise levels would occur on and near the proposed project site during the construction phase. Land uses adjacent to, and across from, the proposed project site are commercial properties that would not be impacted by any increase in noise levels at the project site. The nearest sensitive receptors are medium - density residential uses, located at the northeast corner of Grand Avenue and Kansas Street, approximately 500 feet from the proposed project site. Construction activities could potentially occur within 500 feet of these sensitive receptors. As the project site has already been graded, large scale bulldozing, which generates high noise levels, would not occur. Reference data illustrates that operation of typical construction equipment would result in noise levels between approximately 77 dBA and 86 dBA when measured 50 feet from the source, depending primarily on the type of equipment. These noise 11 levels would diminish rapidly with distance from the construction site, at a rate of approximately 6 dBA per doubling of distance. For example, a noise level of 86 dBA measured at 50 feet from the noise source to the receptor would reduce to 80 dBA at 100 feet from the source to the receptor, and reduce by another 6 dBA, to 74 dBA, at 200 feet from the source to the receptor. As shown in Table 3 -5 (Typical Outdoor Construction Noise Levels), construction - related noise levels measured at 500 feet from the project site would be reduced by approximately 18 dBA to an approximate level of 68 dBA, which is within the existing range of ambient noise levels measured at the corner of Grand Avenue and Kansas Street (refer to Table 3 -6 [Summary of Noise Monitoring)). Construction activities are anticipated to continue at the project site for a period of approximately eleven months. During each stage of construction there would be a different mix of equipment operating, and noise levels would vary based on the type of equipment in operation and the location of activity. Section 7- 2 -11(D) of the El Segundo Municipal Code (Exemptions), exempts "noise sources associated with or vibration created by construction, repair, or remodeling of any real property, provided said activities do not take place between the hours of six o'clock (6:00) p.m. and seven o'clock (7:00) a.m. Monday through Saturday, or at any time on Sunday or a Federal holiday..." The Code also states that construction activity is not to exceed 65 dBA at residential receptors, unless for specified lengths of time as established in Section 7- 2 -4(B) and (C). Section 7- 2-4(B) allows for noise levels of up to 5 dBA above ambient noise levels on residential property receptors, and 8 dBA above ambient noise levels on commercial property receptors. Section 7- 2 -4(C) allows for adjustments to the noise standards based on the permitted increase and the duration in minutes of increase; however, permitted increases may not exceed 20 dBA for any length of time. Thus, construction noise is exempt from the noise standards established by the City, but only during limited hours of the day and days of the week. Mitigation measures identified herein would further reduce any exposure of persons to noise in excess of established limits. Implementation of mitigation measures identified herein would reduce noise - related construction impacts to a less- than - significant level by requiring BMPs and reducing the time during which excessive noise - producing construction could occur. (2) Groundborne Vibration or Noise Levels. The proposed project would not result in a potentially significant impact related to groundborne vibration or groundborne noise levels during construction. However, temporary construction activities at the proposed project site could expose nearby off -site sensitive receptors (residential uses at the corner of Kansas Street and Grand Avenue) to elevated levels of groundborne vibration. Generally speaking, equipment that is the source of largest vibration during construction is bulldozers and loaded trucks. However, the proposed site is already vacant, and no significant 12 demolition would occur. As with noise, vibration dissipates at a rate of approximately 6 VdB for every doubling of distance. Therefore, assuming that construction - related activities produced by loaded trucks results in groundborne vibration levels of 86 VdB (measured at 25 feet) during construction, vibration levels would dissipate to approximately 61 VdB upon reaching the nearest sensitive receptor, as shown in Table 3 -7 (Vibration Source Levels for Construction Equipment)]. As with construction noise, construction - related groundborne vibration levels would vary depending on the equipment used and the distance of the vibration - inducing equipment from the sensitive receptor, which is located approximately 500 feet from the project site. However, construction - related vibration is also exempt under El Segundo Municipal Code Section 7- 2- 10(D), so long as construction - related activities are limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday. In addition, implementation of the mitigation measures identified herein would reduce the potential for significant levels of groundborne vibration. Therefore, this impact would be less than significant during construction activities. No additional mitigation is required during construction of the proposed project. b) Mitigation: (1) The project applicant's construction contractor shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: (2) The project's construction contractor shall provide advance notification to adjacent property owners and post notices at the Proposed Project site with regards to the schedule of construction activities. (3) All construction equipment with a high noise generating potential, including all equipment powered by internal combustion engines, shall be muffled or controlled. (4) All noise - generating construction equipment and construction staging areas shall be placed away from sensitive uses, where feasible. (5) High noise - producing activities shall be scheduled between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption to sensitive uses and delivery of materials and equipment shall occur between 7:00 a.m. and 6:00 p.m. (6) Noise attenuation measures shall be implemented to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets. (7) Machinery, including motors, shall be turned off when not in use. No mitigation measures are required to reduce impacts below 13 a level of significance for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 6. Public Services a) Facts /Effects. (1) Public Facilities. The proposed project would receive fire services from the City of El Segundo Fire Department. The proposed project will generate new activity on the project site and increase traffic, both of which will increase demand on fire protection and paramedic services and could result in a potentially significant impact. In the City of El Segundo, the Fire Department is the lead agency for the City's response /crisis management for fire protection services. The Fire Department is challenged to maintain increased demands for fire service which emphasizes preparedness and prevention. With the implementation of the mitigation measures identified herein, impacts on fire protection services would be less than significant. Impacts are not significant enough to necessitate additional fire personnel. Terrorism is a continuing threat throughout the world and within the United States (see Item 3.3.13(b) below). The MEPS facility is a privately owned building that is proposed to be leased by the federal government and could be a potential target for terrorist activity. The Department of Defense (DoD) has mandatory antiterrorism standards for the construction and operation of federal facilities. These standards provide effective ways to minimize the likelihood of mass casualties from terrorist attacks against DoD personnel in the buildings in which they work and live. Although the building will not be owned by the federal government, its use by the federal government as a MEPS facility make it a potential target for terrorist activity. Therefore, implementation of the mitigation measures identified herein will ensure potential impacts from bioterrorism for MEPS personnel and recruits are less than significant. (2) Police Protection. The proposed project would receive police protection services from the City of El Segundo Police Department. Implementation of the proposed development would generate new activity on the project site and increase traffic, both of which could increase demand on police protection services and could result in a potentially significant impact. An act of terrorism, according to the United States Code, The U.S. Department of Justice, and the FBI, is defined by the following components: (1) a criminal action; (2) the action must include violence against civilians; (3) the action is 14 carried out in order to further political or social objectives; and (4) the action is intended to coerce a government or civilian population. Terrorism is a continuing threat throughout the world and within the United States. A variety of political, social, religious, cultural, and economic factors underlie terrorist activities. In recent years, terrorism has taken on new form with the introduction of chemical, biological, and radiological weapons. The probability that an individual /location will be targeted by a terrorist is a function of several factors: attractiveness of target, potential for success and potential for avoiding identification and capture. Some terrorists are willing to die for their cause and will select targets regardless of the probability of identification or capture. It is difficult to determine what individual or location will be targeted, however, law enforcement experts agree that a key element is "symbolism." The higher the profile of the target, the better, as far as the terrorist is concerned. Examples include: a. Federal, state, and local government buildings b. Mass - transit facilities C. Public buildings and assembly areas d. Controversial businesses e. Communication and utility facilities f. Water supply locations g. Research laboratories h. Places where large groups of people congregate The MEPS facility is a federal government building which makes it a potential target for terrorist activity. It is not possible to estimate the probability of a terrorist attack. However, based on law enforcement's role in combating terrorism, the City has identified critical sites and has assessed the vulnerability of these sites to a terrorist attack. Venues likely to suffer the impact of terrorism include government facilities, entertainment and cultural facilities, including the business district, and the popular hotels. In the City of El Segundo, the Police Department is the lead agency for the City's response /crisis management for police protection services. The Police Department is challenged to maintain increased demands for police service which emphasizes preparedness and prevention. With the implementation of the mitigation measures identified herein, impacts on police protection services would be less than significant. Impacts are not significant enough to necessitate additional police personnel. 15 Furthermore, as a condition of approval, exterior signs identifying the MEPS facility will not be visible from the public right -of -way and must be limited to the front entry of the building facing towards the parking lot and the side property line. The Department of Defense (DoD) has mandatory antiterrorism standards for the construction and operation of federal facilities. These standards provide effective ways to minimize the likelihood of mass casualties from terrorist attacks against DoD personnel in the buildings in which they work and live. Although the building will not be owned by the federal government, its use by the federal government as a MEPS facility makes it a potential target for terrorist activity. Therefore, implementation of the mitigation measures identified herein will ensure potential impacts from bioterrorism for MEPS personnel and recruits are less than significant. b) Mitigation: (1) The applicant shall pay the City of El Segundo a Fire Service Mitigation Fee of $0.14 per gross square foot of building area prior to issuance of a certificate of occupancy. (2) A fire life safety plan, which must include definitive plans and specifications, shall be submitted to the El Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development. (3) The applicant shall provide fire access roadways to and throughout the property and submit a layout plan to the ESFD for approval. (4) The applicant shall provide water flow and on -site fire hydrants as required by the ESFD. (5) The applicant shall submit separate plans for ESFD approval. The following installations require separate ESFD approval: • Automatic fire sprinklers; • Fire alarm system; • Underground fire service mains; • Fire pumps; • Emergency generators; and • Any aboveground or underground storage tanks including elevator sumps and condensation tanks. (6) The applicant shall pay the City of El Segundo a Police Service Mitigation Fee of $0.11 per gross square foot of building area prior to occupancy of the building. 16 (7) The applicant shall submit a strategic security plan, which must include definitive plans and specifications, to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed project. The strategic security plan shall include, but not be limited to, the following items: • Depending upon the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4" to as much as 24 ",- • Building entrances and exits shall be limited in number and located in a manner to increase security and visibility of the building; • All landscaping shall be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access; • Adequate street, walkway, building and parking lot lighting must be provided to enhance security; and, • Provisions for on -site security personnel. c) Finding: (1) Changes or alterations have been required in or incorporated into the MEPS Development project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. D. Insianificant Cumulative Impacts. The City Council finds that the Mitigated Negative Declaration and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the Military Entrance Processing Station Project with respect to the areas listed below: 1. Aesthetics 2. Agricultural Resources 3. Air Quality 4. Biological Resources 5. Cultural Resources 6. Geology and Soils 7. Hazards and Hazardous Materials 8. Hydrology and Water Quality 17 9. Land Use and Planning 10. Mineral Resources 11. Noise 12. Population and Housing 13. Public Services 14. Recreation 15. Transportation/Traffic VI. SUBSTANTIAL EVIDENCE. The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the Mitigated Negative Declaration, which is incorporated herein by this reference, and in the record of proceedings in the matter. To the extent applicable, each of the other findings made by the City Council in connection with its approval of the entitlement applications listed in Section I above are also incorporated herein by this reference. PAPlanning & Building Safety\PROJECTS \751- 775\EA- 769 \CC 7.15.08 \EA- 769.CEQA Resolution findings Exh A.RTGA(1).doc 18 CITY COUNCIL RESOLUTION NO. 4559 Exhibit B MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES Section 21081.6 of the Public Resources Code requires a Lead Agency to adopt a "reporting or monitoring program for the changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment" (Mitigation Monitoring Program, Section 15097 of the CEQA Guidelines provides additional direction on mitigation monitoring or reporting). The Planning and Building Safety Department for the City of El Segundo is the Lead Agency for the proposed project for The Aerospace Corporation development project. A Mitigated Negative Declaration has been prepared to address the potential environmental impacts of the proposed project. Where appropriate, this environmental document identified project design features or recommended mitigation measures to avoid or to reduce potentially significant environmental impacts of the proposed project. This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of requirements for subsequent environmental documentation' and mitigation measures identified for The Aerospace Corporation development project. The MMRP is subject to review and approval by the Lead Agency as part of the approval of the Mitigated Negative Declaration and adoption of project conditions. The required subsequent environmental documentation and mitigation measures are listed separately and categorized by impact area, with an accompanying identification of the following: • Monitoring Phase, the phase of the project during which the mitigation measure must be monitored; - Pre - Construction, including the design phase - Construction Post - Construction • The Implementing Party, the agency with the power to implement the mitigation measure; • The Enforcement Agency, the agency with the power to enforce the mitigation measure, and • The Monitoring Agency, the agency to which reports involving feasibility, compliance, implementation and development are made. The MEPS project Mitigation Monitoring and Reporting Program City of El Segundo May 2008 The MMRP performance must be monitored annually to determine the effectiveness of the measures implemented in any given year and re- evaluate the mitigation needs for the upcoming year. I. AESTHETICS Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures VQ -l: Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted. Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department VQ -2: Exterior lighting must be designed to minimize off -site glare. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: II. AGRICULTURAL RESOURCES Pre - construction; Construction Applicant Planning and Building Safety Department Planning and Building Safety Department No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. III. AIR QUALITY Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. The MEPS project Mitigation Monitoring and Reporting Program Page -2 City of El Segundo May 2008 Mitigation Measures AQ -1: The project applicant's construction contractor shall implement all rules and regulations by the Governing Board of the SCAQMD that are applicable to the development of the project (such as Rule 402 (Nuisance) and Rule 403 (Fugitive Dust) and that are in effect at the time of development. The following measures are currently recommended to implement Rule 403. These measures have been quantified by SCAQMD as being able to reduce PM 10 levels generated by construction activities between 30 and 85 percent depending on the source of PM 10. • Water trucks shall be utilized on the site and shall be available to be used throughout the day during site grading and excavation to keep the soil damp enough to prevent PM 10 levels being raised by activities associated with project construction. • Areas that are to be graded or that are being graded and /or excavated shall be wetted down in the late morning and after work is completed for the day. • All unpaved parking or staging areas, or unpaved road surfaces shall be watered three times daily or have chemical soil stabilizers applied according to manufacturer's specifications. • Exposed piles (i.e. gravel, sand, and dirt) shall be enclosed, covered, watered twice daily, or approved soil binders shall be applied to exposed piles according to manufacturer's specifications. • The construction disturbance area shall be kept as small as possible. • All trucks hauling dirt, sand, soil, or other loose materials shall be covered or have water applied to the exposed surface prior to leaving the site to prevent PM 10 and PM 2.5 from reaching the surrounding areas. • Consolidate truck deliveries when possible. • Wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads and used to wash off trucks and any equipment leaving the site each trip. • Streets adjacent to the project site shall be swept at the end of the day if visible soil material is carried over to adjacent roads. • Wind barriers shall be installed along the perimeter of the site. The MEPS project Mitigation Monitoring and Reporting Program Page -3 City of El Segundo May 2008 • All excavating and grading operations shall be suspended when wind speeds exceed 25 miles per hour over a 3- minute period. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department; Public Works Department AQ -2: The project applicant's construction contractor shall use low -VOC or ultra -low VOC paints that produce no more than 6.66 VOC Ibs per 1,000 square feet for architectural coating. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: IV. BIOLOGICAL RESOURCES Subsequent Environmental Documentation Pre - construction; Construction Applicant Planning and Building Safety Department Planning and Building Safety Department No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. V. CULTURAL RESOURCES Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures CR -1 In the event that archaeological /paleontological resources are unearthed during project subsurface activities, all earth disturbing work within a 100 -meter radius shall be temporarily suspended or redirected until an archeologist has been proved the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel shall be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, shall prepare a research design for recovery of the resources in consultation The MEPS project Mitigation Monitoring and Reporting Program Page -4 City of El Segundo May 2008 with the State Office of Historic Preservation that satisfies the requirements of § §21083.2 of CEQA. The archaeologist or paleontologist shall complete a report of the excavations and findings, and shall submit the report for peer review by three County- certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the County shall submit the report to the San Bernardino Archeological Information Center and keep the report on file at the County of San Bernardino. After the find has been appropriately mitigated, work in the area may resume. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department CR -2 If human remains are unearthed, in accordance with State Health and Safety Code § §7050.5 the applicant shall require from the construction contractor that no further disturbance will occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code § §5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission (NAHC) of the findings within 24 hours. The NAHC will then contact the most likely descendant of the deceased Native American, who will serve as consultant on how to proceed with the remains. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: VI. GEOLOGY AND SOILS Subsequent Environmental Documentation Construction Applicant Planning and Building Safety Department Planning and Building Safety Department No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. VII. HAZARDS AND HAZARDOUS MATERIALS The MEPS project Mitigation Monitoring and Reporting Program Page -5 City of El Segundo May 2008 Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures HZ -1: The applicant and construction contractor shall comply with existing hazardous materials, regulations, which are codified in Titles 8, 22, and 26 of the California Code of Regulations. and their enabling legislation set forth in Chapter 6.95 of the California Health and Safety Code. In addition, the applicant and construction contractor shall comply with applicable federal, state and local laws and regulations pertaining to the transport, use and disposal of hazardous waste, including, but not to limited, Title 49 of the Code of Federal Regulations and as implemented by Title 13 of the CCR. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning and Department Planning and Department Building Safety Department; Fire Building Safety Department; Fire HZ -2: The United States Government (MEPS) shall comply with all City and County regulations applying to the use and disposal of medical -based hazardous waste. Furthermore, MEPS personnel shall ensure that all bio- hazardous waste produced at the proposed project site is properly disposed of. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning and Department Planning and Department Building Safety Department; Fire Building Safety Department; Fire HZ -3: Upon completion of the vapor barrier installation, the project applicant or construction contractor shall contact the City of El Segundo Fire Department to request that an inspection and smoke test be performed to confirm that the vapor barrier was properly installed. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning and Department Planning and Department Building Safety Department; Fire Building Safety Department; Fire The MEPS project Mitigation Monitoring and Reporting Program Page -6 City of El Segundo May 2008 HZ -4: The proposed MEPS facility shall be designed, constructed and operated in compliance with the antiterrorism standards set forth by the Department of Defense (DOD), except with respect to the east side setback distance of 24 feet between the building and the adjoining property to the east which reduction from the 33 feet set forth in the DOD standards has already been approved by GSA and MEPCOM. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning and Department Planning and Department VIII. HYDROLOGY AND WATER QUALITY Subsequent Environmental Documentation Building Safety Department; Fire Building Safety Department; Fire No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. IX. LAND USE AND PLANNING Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. X. MINERAL RESOURCES Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. The MEPS project Mitigation Monitoring and Reporting Program Page -7 City of El Segundo May 2008 XI. NOISE Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures NOI -l: The project applicant's construction contractor shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: -The project applicant's construction contractor shall provide advance notification to adjacent property owners and post notices at the Proposed Project site with regards to the schedule of construction activities. -All construction equipment with a high noise generating potential, including all equipment powered by internal combustion engines, shall be muffled or controlled. -All noise - generating construction equipment and construction staging areas shall be placed away from sensitive uses, where feasible. -High noise - producing activities shall be scheduled between the hours of 8 A.M. and 5 P.M. to minimize disruption to sensitive uses and delivery of materials and equipment shall occur between 7:00 A.M. and 6:00 P.M. -Noise attenuation measures shall be implemented to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets. -Machinery, including motors, shall be turned off when not in use. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department XII. POPULATION, HOUSING, AND EMPLOYMENT Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. The MEPS project Mitigation Monitoring and Reporting Program Page -8 City of El Segundo May 2008 Mitigation Measures No mitigation measures are required. XIII. PUBLIC SERVICES Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures PS -1: The applicant shall pay the adopted City of El Segundo Fire Service Mitigation Fee of $0.14 per gross square foot of building area before the City issues a certificate of occupancy. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department PS -2: A Fire Life Safety Plan, which must include definitive plans and specifications, shall be submitted to the EL Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development. Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Fire Department Monitoring Agency: Fire Department PS -3: The applicant shall provide fire access roadways to and throughout the property and submit a layout plan to the ESFD for approval. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Fire Department Monitoring Agency: Fire Department PS -4: The applicant shall provide water flow and on -site fire hydrants as required by the ESFD. Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Fire Department Monitoring Agency: Fire Department The MEPS project Mitigation Monitoring and Reporting Program Page -9 City of El Segundo May 2008 PS -5 The applicant shall submit separate plans for ESFD approval. The installations require separate ESFD approval: • Automatic fire sprinklers; • Fire alarm system; • Underground fire service mains; • Fire pumps; • Emergency generators; and • Any aboveground or underground condensation tanks. storage tanks including elevator sumps and Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Fire Department Monitoring Agency: Fire Department P -6: The applicant shall pay the adopted City of El Segundo Police Service Mitigation Fee of $0.11 per gross square foot of building area before the City issues a certificate of occupancy. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department PS -7 The applicant shall submit a strategic security plan, which must include definitive plans and specifications, to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed project. The strategic security plan shall include, but not be limited to, the following items: • Depending upon the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4" to as much as 24 "; • Building entrances and exits shall be limited in number and located in a manner to increase security and visibility of the building; • All landscaping shall be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access; • Adequate street, walkway, building and parking lot lighting must be provided to enhance security; and • Provisions for on -site security personnel. Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Police Department Monitoring Agency: Police Department The MEPS project Mitigation Monitoring and Reporting Program Page -l0 City of El Segundo May 2008 XIV. RECREATION Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. XV TRANSPORTATION/TRAFFIC Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. XVI. UTILITIES Subsequent Environmental Documentation No subsequent environmental documentation is required for the MEPS development project. Mitigation Measures No mitigation measures are required. PAPlanning & Building Safety \PROJECTS \751- 775 \EA - 769\2008 07.15.F ?A- 769.CC Reso Exhibit B MMRP.doc The MEPS project Mitigation Monitoring and Reporting Program Page -I1 CITY COUNCIL RESOLUTION NO. 1.559 Exhibit "C" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Mar Canyon Grand, LLC, agrees to comply with the following provisions as conditions for the City of EI Segundo's approval of a Draft Mitigated Negative Declaration for Environmental Assessment (EA No. 769) Zone Change No. 07 -01, Specific Plan Amendment (SPA No 08 -02) and Smoky Hollow Site Plan Review (SHSP No. 07 -04) ( "Project Conditions "). Planning and Building Safety Department Before building permits are issued, the applicant must submit plans that demonstrate substantial compliance with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved, including the site plan, floor plan, elevations, landscaping and materials, must be referred to the Planning and Building Safety Director to determine whether the Planning Commission should review the proposed modification. 2. Before building permits are issued, the applicant must obtain all the necessary approvals, licenses and permits and pay all the appropriate fees as required by the City. 3. All mitigation measures in the Mitigated Negative Declaration of Environmental Impacts for the proposed Military Entrance Processing Station ( "MEPS ") project are incorporated by this reference into these conditions of approval. All mitigation measures must be listed on the plans submitted for plan check and on the plans for which a building permit is issued. 4. Any changes to the colors and materials of the exterior fagade of the building and the color of the new perimeter wrought iron fencing and masonry wall must be approved to the satisfaction of the Planning and Building Safety Director in compliance with the Smoky Hollow Design Guidelines set forth in ESMC Chapter 15 -11. Materials and Design 5. Before the City issues building permits, the applicant must submit Final Working drawings to the Planning and Building Safety Director for design review for compliance with the Smoky Hollow Design Guidelines. The design review must include, without limitation, the following: A. All colors, textures, and materials on exterior elevations must be coordinated to achieve a continuity of design; B. At least two primary exterior building materials (including without limitation, stucco, brick and stone) must be used; C. Building materials must be of non - reflective coatings and glazings; D. All buildings must utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation; E. All roof - mounted mechanical equipment and communications devices must be hidden behind architecturally integrated building parapets or screens to screen these devices from view of adjacent public rights -of -way; F. Loading areas must be screened from view with opaque walls and landscaping. The walls must be architecturally integrated with the building design; and G. Chain -link fences are not permitted except as temporary construction fencing. 6. A maximum of one entry sign along the Grand Avenue frontage and one building wall sign facing the side property line must be permitted. The sign design must be architecturally compatible with the building design. Signs must be constructed of durable materials. 7. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the Planning and Building Safety Department and the Parks and Recreation Department for review and approval to demonstrate compliance with the City's Water Conservation regulations and Guidelines for Water Conservation in Landscaping (ESMC § §10 -2 -1 et. seq.). The plant materials used in landscaping must be compatible with the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24 published by Sunset Books Inc, Revised and Updated 2001 edition, which is available for review at the Planning and Building Safety Department. Additionally, the final landscaping and irrigation plans must demonstrate compliance with the Smoky Hollow Design Guidelines and the Grand Avenue Commercial (GAC) development standards. The landscaping and irrigation must be completely installed before the City issues a final Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: 4 S:\ CTYCLRK \Documentcpy \RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc a. Reclaimed water must be used as the water source to irrigate landscaped areas, if feasible. To that end, dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible. b. 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). C. 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. d. Selection of drought - tolerant, low -water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10 -2 -1 of seq. 8. The two parcels of the project site must be merged into one lot through a lot line adjustment or tentative map. 9. The applicant must provide a sufficient number of bicycle racks to accommodate the storage of at least 8 bicycles. 10. Employees must be provided current maps, routes and schedules for public transit routes serving the site; telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; ridesharing promotional materials; and bicycle route and facility information. 11. On -site dining facilities must remain incidental to the primary general office and medical- dental office uses and may not be open to the general public. The on- site dining facilities must be limited to employees, recruits and visitors by invitation. 12. A trash and recycling enclosure must be provided and shown on the site plan that is sufficiently large enough to store the necessary bins required for the regular collection of commercial solid waste and recyclable materials. The site plan with the location and dimensions of the trash and recycling enclosure and an elevation view of the enclosure must be provided to the Planning and Building Safety Department for review and approval before the City issues building permits. 3 S:\ CTYCLRK \Documentcpy \RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc 13. Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with adjacent buildings. 14. Exterior lighting must be designed to minimize off -site glare. 15. The building must be designed to comply with the ESMC standards for the attenuation of interior noise. 16. The building must be designed, constructed, and operated in compliance with the antiterrorism standards set forth by the United States Department of Defense. Building Division Conditions 17. Before building permits are issued, the applicant must submit a geotechnical plan that is not more than one year old to the Planning and Building Safety Director for review and approval. 18. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Director for review and approval. 19. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Director for review and approval. 20. Before building permits are issued, plans must show conformance with the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Plumbing Code, 2007 California Electrical Code, and 2007 California Energy Code, all as amended by the ESMC. 21. Before building permits are issued, plans must show compliance with accessibility requirements per Chapter 11 of the 2007 California Building Code, as amended by the ESMC. Fire Department Conditions 22. The project must comply with all applicable requirements in the California Building and Fire Codes, adopted by the ESMC. 23. A chemical inventory of the types of chemicals used at the facility must be submitted to the Fire Department. 4 S:\ CTYCLRK \Documentcpy\RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc Public Works Department Conditions 24. All onsite utilities including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. 25. The applicant must dedicate 10 feet along the entire Grand Avenue frontage of the subject property and provide an irrevocable offer to dedicate an additional 9 feet along the entire Grand Avenue frontage of the subject property to the satisfaction of the Public Works Department and the City Attorney. The City shall have the right to exercise its right to accept the property subject to the offer of dedication on or after, the earlier of, September 1, 2024, or 15 years after the date on which the final certificate of occupancy was issued for the facility. The City is required to pay fair market value for the property subject to the offer of dedication if, and only if, the City actually takes possession of the property. If the City amends its Circulation Element such that property that is subject to the offer of dedication is no longer required for public right -of -way purposes, then the offer to dedicate is deemed null and void and the City will execute the documents necessary to void the offer to dedicate. 26. The applicant must ensure that all curb, gutters, and driveway aprons fronting Grand Avenue will be replaced as required by the Public Works Department. 27. All damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department. 28. The applicant must ensure that encroachment permits are secured from the Public Works Department before commencing any work in the public right -of- way. 29. The project must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. Police Department Conditions 30. Before the City issues a building permit, 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 (7). Lighting levels must be adjusted to meet the minimum footcandle requirements within each area of the site. 31. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 5 S:\ CTYCLRK 1Documentcpy\RESOS12008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc 32. The addressing, open parking lot and trash dumpster must be illuminated with a maintained minimum of one foot - candle of light on the ground surface during hours of darkness. A wall pack must be placed over the receiving door and must be illuminated with a maintained minimum of one foot - candle of light on the ground surface during hours of darkness. Aisles, passageways and recesses related to and within all sides of the building complex must be illuminated with a maintained minimum of .25 foot - candles on the ground surface during hours of darkness. 33. An exterior camera plan must be provided that includes the height of installation and area of coverage. Camera locations must be designed so that they face the points of entry to the property and that the cameras are installed at such a height that when trees are grown to maturity they will not block the viewing angle. Additionally, an exterior camera must facing the Grand Avenue entrance to the access road that runs along the east property line to capture vehicle license plate numbers and facial images as cars enter this road. 34. Front entry gates must have access control and be viewed by CCTV. 35. Buses must enter the facility either by interior controls or by access card. 36. Deliveries must enter the facility by interior controls /intercom. 37. Security cameras must cover both the interior of the building and all of the exterior property. The applicant must have web based capabilities for CCTV access. 38. Digital cameras must maintain a minimum of 30 days of video storage. 39. An alarm system must be installed in the facility. 40. The applicant must notify the City of El Segundo Police Department when it has advanced notice of any planned public demonstrations or if a public demonstration occurs on or in front of the property. 41. The applicant must maintain a 25 -foot standoff distance to the east perimeter fencing. 42. Perimeter fencing must be extended to a total height of eight feet and pickets must be outwardly curved with a triple pointed pale head. R S:\ CTYCLRK \Documentcpy \RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc Construction Conditions 43. Before any construction occurs the perimeter of the property must be fenced with a minimum 6 -foot high fence. The fence must be covered with a material approved by the Planning and Building Safety Department to prevent dust from leaving the site. 44. Public sidewalks must remain open at all times. 45. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 46. NOx emissions during construction must be reduced by limiting the operation of heavy -duty construction equipment to no more than 5 pieces of equipment at any one time. 47. Staging of construction vehicles and vehicle entry and egress to the site must occur on Grand Avenue. 48. Construction vehicles must not use any route except the City's designated Truck Routes. 49. The applicant must develop and implement a construction management plan, as approved by the Public Works Department, which includes the following measures recommended by the SCAQMD: A. Configure construction parking to minimize traffic interference. B. Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). C. Re -route construction trucks away from congested streets. D. Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize dust emissions. E. Suspend use of all construction equipment during second stage smog alerts. Contact SCAQMD at (800) 242 -4022 for daily forecasts. F. Use electricity from temporary power poles rather than temporary diesel or gasoline - powered generators. G. Diesel- powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. H. Catalytic converters must be installed, if feasible. I. Equipment must be equipped with two -to- four - degree engine time retard or pre- combustion chamber engines. S:\ CTYCLRK \Documentcpy \RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc J. Use methanol or natural gas powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. K. Use propane or butane powered on -site mobile equipment instead of gasoline if readily available at competitive prices. 50. During construction and operations, all waste must be disposed in accordance with all applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 51. 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. 52. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 53. The project must comply with ESMC Chapter 5 -4, which establishes storm water and urban pollution controls. 54. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 55. 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. 56. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 57. Storm drain system must be safeguarded at all times during construction. 58. All diesel equipment must be operated with closed engine doors and must be equipped with factory- recommended mufflers. 59. Electrical power must be used to run air compressors and similar power tools. 60. The applicant must provide a telephone number for local residents to call to submit complaints associated with the construction noise. The number must be posted on the project site and must be easily viewed from adjacent public areas. 61. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 8 S:\ CTYCLRK \Documentcpy \RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc 62. As stated in ESMC Chapter 7 -2, construction related noise is restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday. Service Fee Conditions 63. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued, the applicant must pay a one -time library services mitigation fee of $0.03 per gross square -foot of building floor area. 64. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued, the applicant must pay a one -time fire services mitigation fee of $0.14 per gross square -foot of building floor area. 65. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued, the applicant must pay a one -time police services mitigation fee of $0.11 per gross square -foot of building floor area. 66. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12 -3). 67. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues certificates of occupancy, the applicant must pay the required traffic mitigation fees as calculated in accordance with City Council Resolution No. 4443. Miscellaneous 68. Mar Canyon Grand, 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 Environmental Assessment No. 769, Zone Change No. 07 -01, Specific Plan Amendment (SPA No. 08 -02) and Smoky Hollow Site Plan Review (SHSP No. 07 -04). 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. 769, Zone Change No. 07 -01, Specific Plan Amendment (SPA No. 08 -02) and Smoky Hollow Site Plan Review (SHSP No. 07 -04), Mar Canyon Grand, LLC., 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. DII S:\ CTYCLRK \Documentcpy\RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc By signing this document, William Messori and Allan Mackenzie on behalf of Mar Canyon Grand, LLC, certifies that they have read, understood, and agree to the Project Conditions listed in this document. William Messon Mar Canyon Grand, LLC 10 A", L---" Allan Mackenzie Mar Canyon Grand, LLC S:\ CTYCLRK \Documentcpy\RESOS\2008\2008 07 15 EA -769 CC Conditions of approva Exh C.doc