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CC RESOLUTION 4612RESOLUTION NO. 4612 A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND ADDENDUM FOR ENVIRONMENTAL ASSESSMENT NO. 819, GENERAL PLAN AMENDMENT NO. 08 -029 ZONE CHANGE NO. 08 -01 AND PARKING COVENANT (MISCELLANEOUS NO. 09 -02) FOR THE BOEING SELBY BLOCK PROJECT (900, 950 AND 960 SEPULVEDA AND 901 AND 915 SELBY STREET). The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On December 23, 2008, The Boeing Company filed an application for an Environmental Assessment (EA -819), General Plan Amendment (GPA No. 08 -02) and Zone Change (ZC No. 03 -2) to re- designate and rezone an approximately 5.89 -acre property at the southeast corner of Sepulveda Boulevard and Imperial Avenue. On August 5, 2009, The Boeing Company filed the additional application for an off -site parking covenant (MISC No. 09 -02) requesting to locate 283 parking spaces off -site at other locations within the Boeing Campus area. If these matters are approved, the applicant proposes to renovate the four existing buildings at the project site and connect the buildings with a 40,791 square -foot, three -story addition for office uses. B. The applications from the Boeing Company were reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. 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); D. 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 circulated and available for public review and comment from June 26, 2009 to July 27, 2009; -1- E. An Addendum to the Initial Study and proposed Mitigated Negative Declaration was prepared pursuant to CEQA §15164. F. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for August 13, 2009; G. On August 13, 2009, 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 the Boeing Company; H. Following the public hearing, the Planning Commission adopted Resolution No. 2662 recommending City Council approval of Environmental Assessment (EA No. 819), Zone Change No. 08 -01, and Off -Site Parking Covenant (Misc. No. 09 -02); I. On September 1, 2009 the City Council held a public hearing and considered the information provided by City staff, public testimony and the Boeing Company; J. On September 1, 2009 the City Council introduced Ordinance No. 1432 approving Zone Change No. 08 -01; and K. This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the Council at its September 1, 2009 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist: A. The 5.89 acre (256,606 square feet) subject property is located in the southern portion of the City of El Segundo. The site is comprised of a single parcel created by lot line adjustment on August 6, 2009. The entire subject property is roughly bounded by Imperial Avenue to the north, Selby Street to the east, Walnut Avenue to the south, and Sepulveda Boulevard to the west. B. The buildings currently located on the project site are identified as Boeing buildings S21, S22, S30 and S31. These buildings were all originally constructed in the late 1950s and early 1960s and have been altered over time to meet the changing needs of the Boeing Company. Currently Buildings S21 and S22 contain primarily office uses. Buildings S30 and -2- S31 contain some office uses but a larger proportion of the two buildings is currently devoted to warehouse and storage. C. The parcel directly abutting the project site to the northeast is the location of an industrial operation, which repairs and maintains Fed Ex shipping equipment and containers, and is located in the General Commercial (C -3) Zone. Across Sepulveda to the west of the project site are office buildings and street level casual dining restaurants located in the Corporate Office (CO) Zone. Two office buildings, one of which is occupied by Boeing (S- 23) and the other owned by Trammell Crow, are located south of the site in the Corporate Office (CO) Zone. To the east of the project site are Boeing Company occupied buildings in the Light Industrial (M -1) Zone that contain a mix of office, research and development and industrial uses. D. The amount of office uses currently located within the four buildings at the project site is greater than the 5,000 square foot general office limit identified in C -3 Zoning, thus the current office uses within the buildings are considered legal non - conforming. E. The proposed General Plan re- designation and rezoning of the site would change the General Plan land use designation from General Commercial to the Corporate Office designation and rezone the area from the General Commercial (C -3) Zone to the Corporate Office (CO) Zone. F. The re- zoning and General Plan re- designation would decrease the allowed floor area ratio (FAR) of the site. The FAR will be reduced from 1.0 to 0.8. The 20% reduction in allowable floor area results in a reduction of 51,322 square feet of potential development at the project site. The total development possible at the project site at 0.8 FAR is 205,284 square feet. G. The proposed project, as identified on the project plans, would result in 164,327 square feet of office, 13,904 square feet of on -site research and development manufacturing, and 20,645 s.f. of storage. The total proposed development identified on submitted project plans is 198,876 square feet. The proposed building will be LEED certified. H. The amount of total development reviewed in the environmental analysis is 6,408 square feet greater than the amount of development proposed on the project plans. This approach was taken to ensure that the environmental review would capture potential impacts of the rezoning and General Plan Amendment to the fullest extent possible. I. On June 26, 2009 the Los Angeles County Department of Regional Planning was informed of the proposed General Plan Amendment within the Airport Influence Area Planning Boundary pursuant to Public Utilities -3- Code §21676(b). No Los Angeles County Department of Regional Planning correspondence or notification has been received by the City regarding this General Plan Amendment. The City Council finds, based on the change from one non - residential commercial zone to another non- residential commercial zone with the same height limit development standard and lower maximum allowed floor area development standard, that this General Plan amendment will not introduce incompatible development on lands subject to the Los Angeles County Airport Land Use Plan and Los Angeles County. J. Vehicular access will continue to be provided from existing curb cuts to the existing parking lots located on Imperial Avenue and Selby Street. The location of the curb cut to the existing parking lot on Walnut Avenue will be slightly adjusted to the west. A total of 71 parking spaces and three loading spaces will be removed from the site. The total parking available on site will be 149 spaces and a code compliant three loading spaces will be provided. K. This project will participate in the Boeing campus pooled parking arrangement. The project will require a total of 432 spaces to meet the requirements for the proposed uses at the site. 283 of these spaces are to be provided at off -site locations considered within the Boeing Campus. An off -site parking covenant is included in this project application to formalize participation in the Boeing Campus parking plan. L. A new City of El Segundo monument sign would be constructed by the Boeing Company at the corner of Imperial Highway and Sepulveda Boulevard. 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 §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 June 26, 2009 to July 27, 2009. B. Before the August 13, 2009 Planning Commission meeting, an Addendum to the Initial Study and proposed Negative Declaration was prepared pursuant to CEQA Guidelines §15164 with changes to the traffic impact -4- analysis. Based on new, more detailed information and assumptions, the Addendum concluded that the project would not result in a significant impact at the Selby Street and Imperial Avenue intersection and the traffic signal mitigation measure identified at the intersection is not required. In addition, a corrections and comments section was prepared to clarify aspects of the Draft Mitigated Negative Declaration. The corrections and comments section identifies that the draft document erroneously states the project is required to complete a Storm Water Pollution Protection Program (SWPPP). The project does not involve the disturbance of an area large enough to require a SWPPP, therefore the mitigation requiring a Water Quality Management Plan is not required as this item is associated with the preparation of a SWPPP. The Addendum and corrections section of the document merely adds new information to the Mitigated Negative Declaration and no new significant impacts or increase in impacts are identified. Therefore, recirculation of the document is not required. C. The mitigation measures identified in the mitigated negative declaration, with the omission of the traffic signal mitigation and the mitigation requiring a water quality management plan, are sufficient to reduce all identified environmental impacts to less than significant levels. Accordingly, based upon the evidence presented to the Council, the City need not prepare an environmental impact report for the proposed project. 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 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. -5- SECTION 4: General Plan. The proposed project conforms with the City's General Plan as follows: A. Implementation of the proposed project will meet relevant goals and policies of the Land Use Element. Implementation of the project will help achieve Land Use Element Goal LU4, which is the "provision of a stable tax base for El Segundo through commercial uses." The maintenance and up- grading existing corporate facilities within the City of El Segundo will help contribute to the stability of the tax base in the City. B. Objective LU4 -3 of the Land Use Element is the provision of new office and research and development uses. Consistent with this objective approval of the project would allow the Boeing Company to provide new office and research and development uses. C. 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 maintain existing landscape areas and provide additional permanent landscape areas around the entire project site. D. The proposed project is consistent with Policy LU7 -1.2 of the Land Use Element, which is "no new development shall be allowed unless adequate public facilities are in place or provided for." Pursuant to CEQA, an initial study was conducted, which included a review of the adequacy public facilities for the proposed project. The study concluded that there are adequate facilities for wastewater, storm - water, water supply and solid waste disposal. E. The General Plan contains relevant Goals, Objectives, and Policies in the Economic Development Element. The goal of Objective ED1 -1 is building "support and cooperation among the City of El Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base." The benefits of the development will be shared and supported by all constituencies in the City. The development will provide allow Boeing to maintain long term operations within the City and thus continue their contribution towards the City's economic base. F. According to Policy ED1 -1.1, maintaining "economic development is one of the City's and the business and residential communities' top priorities." Re- designating this property Corporate Office is consistent with this policy as the action allows the Boeing Company meet its corporate goals on land it already owns within the City of El Segundo and thus helps maintain economic development in the City. I on G. Policy ED2 -1.1 states the City should "take steps to maintain public sector support of the business community." The re- designation action would be consistent with this policy statement as the current General Plan designation does not meet the Boeing Company's corporate needs and the City's re- designation of the project site will help maintain and expand economic activity. H. Implementation of the proposed project will met relevant goals and policies of the Circulation Element. 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." The existing roadway system is adequate for the existing and proposed uses. However, the applicant will be required to offer to dedicate land along Selby Street to allow for potential future right of way improvements. The proposed project is consistent with General Plan Circulation Element Policies C1 -1.2 "Pursue implementation of all Circulation Element policies such that all Master Plan roadways are upgraded and maintained at acceptable levels of service "; C1 -1.3 "Provide adequate roadway capacity on all Mater Plan roadways "; and C1 -1.5 "Implement roadway and intersection upgrades to full Circulation Element standards when needed to improve traffic operating conditions and to serve development." The proposed project involves an offer to dedicate a 19 -foot wide strip of land along Selby Street to allow for potential future right -of -way improvements. If the City pursues connecting Lairport Street to Selby Street at a future date, then the area affected by the offer to dedicate may be needed to upgrade Selby Street to full Circulation Element standards. J. The proposed project is consistent with General Plan Circulation Element Policy C1 -1.14 to "require a full evaluation of potential traffic impacts associated with proposed new development prior to project approval. Further, require the implementation of appropriate mitigation measures prior to, 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." A traffic study was conducted to evaluate the traffic impacts of the proposed development and mitigations have been established in the Mitigated Negative declaration and addendum to that document. The applicant is required to pay for the proposed turn movement restriction mitigation as well as pay the City's traffic mitigation fee. -7- K. The proposed project is consistent with General Plan Circulation Element Policy C1 -1.15 to "pursue and protect adequate right -of -way to accommodate future circulation system improvements." The proposed project involves an offer to dedicate land along Selby Street to accommodate the potential future right -of -way improvement of this street. L. 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." Taking an offer to dedicate on Selby Street instead of a street dedication is a feasible approach given the existence of a legally permitted building in the area required by the Master Plan of Streets. In addition the Lairport Street extension has not yet occurred so there is uncertainty as to the need for Selby Street to be 98 feet in width. M. The proposed project is consistent with General Plan 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." The project meets the minimum code requirements for onsite loading spaces. It will provide three loading spaces measuring 50'x 13' each. N. The proposed project is consistent with General Plan Circulation Element Objective C2 -1 to "provide a pedestrian circulation system to support and encourage walking as a safe and convenient travel mode within the City's circulation system" and 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." The developer will be required to repair and /or replace sections of the sidewalk that are damaged within the City of El Segundo Right of way and in the Sepulveda Boulevard right of way controlled by Caltrans. O. Implementation of the proposed project will met relevant goals and policies of the Air Quality Element. The project is consistent with Air Quality Element Policy AQ 3 -1.2 which requires "development of transit and ridesharing facilities" The project is required to meet the ESMC Transportation Demand Management requirements which includes the provision of ride -share parking spaces and drop -off zones at the project site. P. The project is consistent with Air Quality Element Goal AQ4 to "reduce motorized transportation." The applicable ESMC Transportation Demand Management requirements include the provision of secured bicycle parking at the project site. Q. The project is consistent with Air Quality Element Goal AQ7 to "reduce vehicle emissions through traffic flow improvements." The required intersection improvements at the corner of Selby Street and Imperial Avenue will mitigate delays at this intersection. R. The proposed project is consistent with General Plan Air Quality Element Policy AQ12 -1.2 to "encourage the incorporation of energy conservation features in the design of new projects and the installation of conservation devices in existing developments." The project will meet all the California Building Code requirements regarding energy conservation. In addition, the project will meet, at a minimum, the basic LEED certification level. In order to obtain LEED certification the project will have to incorporate controls on the thermal comfort and lighting systems, and design elements that optimize energy usage. S. Implementation of the proposed project will met relevant goals and policies of the Noise Element. The project is consistent with Noise Element Policy N1 -2.1 to "require all new projects to meet the City's Noise Ordinance Standards as a condition of building permit approval" and Program N1 -2.1A to "Address noise impacts in all environmental documents for discretionary approval projects." The Mitigated Negative Declaration prepared for the proposed project contains numerous mitigation measures that will ensure consistency with the relevant requirements of the City's Noise Element. T. Implementation of the proposed project will met relevant goals and policies of the Public Safety Element. The project is consistent with Public Safety Element Objective PS1 -1 to "reduce exposure to potentially hazardous geological conditions through land use planning and project review" and Program PS2 -1.1A "to enforce the Uniform Building Code." The Building and Safety Division's plan check of the proposed project will ensure compliance with current building code requirements and adequate geotechnical investigation. U. The project is consistent with Public Safety Element Policy PS6 -1.1 to "review projects and development proposals, and upgrade fire prevention standards and mitigation measures in areas of high urban fire hazard." The City's Fire Department has preliminarily reviewed the project and will conduct a full review of the project as part of the City's plan check process. V. Implementation of the proposed project will met relevant goals and policies of the Hazardous Materials and Waste Management (HMWM) Element. The project is consistent with HMWM Element Policy HM3 -1.1 to Objective PS1 -1 to ensure "through appropriate cooperation with State and County enforcement agencies that all companies within the City 10, comply with applicable hazardous material management laws." The MND includes a mitigation to ensure that proceeding with construction of the proposed project will not conflict with on -going State Department of Toxic Substances Control operations at the project site. SECTION 5: Approvals. The City Council makes the following approvals: A. The City Council adopts the Findings of Fact as set forth in Exhibit "A" which are incorporated into this Resolution by reference. B. The City Council, in accordance with the requirements of Public Resources Code § §21081(a) and 21081.6, 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. C. The City Council amends the proposed Land Use Plan ( "Northeast Quadrant" subsection) of the Land Use Element of the General Plan to reflect the change of the area bounded by Imperial Avenue on the north, Selby Street on the east, Walnut Avenue on the south, and Sepulveda Boulevard on the west from General Commercial to Corporate Office. The corresponding changes as set forth in attached Exhibit "C" are incorporated into this resolution by reference. D. The City Council amends the 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element to reflect the change of the area bounded by Imperial Avenue on the north, Selby Street on the east, Walnut Avenue on the south, and Sepulveda Boulevard on the west from General Commercial to Corporate Office. The corresponding changes to the Land Use Element as set forth in attached Exhibit "D," which is incorporated into this Resolution by reference. E. The City Council amends the General Plan Land Use Map to reflect the change of the area bounded by Imperial Avenue on the north, Selby Street on the east, Walnut Avenue on the south, and Sepulveda Boulevard on the west from General Commercial to Corporate Office. The corresponding changes to the Land Use Map as set forth in attached Exhibit "E," which is incorporated into this Resolution by reference. F. As set forth in Ordinance No. , the City Council amends the current Zoning Map to reflect a change of the area bounded by Imperial Avenue on the north, Selby Street on the east, Walnut Avenue on the south, and Sepulveda Boulevard on the west from General Commercial to -10- Corporate Office. The corresponding changes to the Zoning Map are set forth in Exhibit "A" to Ordinance No. 1432 G. Subject to the conditions listed on the attached Exhibit "F," which are incorporated into this Resolution by reference, the City Council adopts the Draft Mitigated Negative Declaration of Environmental Impacts and Addendum for Environmental Assessment No. 819, General Plan Amendment No. 08 -02, Zone Change No. 08 -01 and Off -Site Parking Covenant (Misc. 09 -02). SECTION 6: 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 7: Limitations. The City Council's analysis and evaluation of the project is based on The best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. 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 8: 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 9: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 10: A copy of this Resolution must be mailed to the Boeing Company, and to any other person requesting a copy. SECTION 11: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED Kelly McDowell, -11- 1st day of WPTEPAPER 2009. 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. 4612 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 1st day of September 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortensen, City Cle k APPROVED AS TO FORM: Mark D. Herl =Assist By. E Karl H. Bey Attorney PAPlanning & Building Safety \Projects \800 - 825 \EA - 819 \City Council \EA- 819.reso.cc -12- CITY COUNCIL RESOLUTION NO. 4612 Exhibit A After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment (EA No. 819), General Plan Amendment No. 08 -02, Zone Change No. 08 -01, And Parking Covenant (Misc. 09 -02), 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 Boeing Selby Block project as follows: 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 decision - making body can 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. 11. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT. A. Impacts Found to be Not Potentially Significant 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 Addendum, and the record of proceedings for the Boeing Selby Block project do not identify or contain substantial evidence identifying significant environmental effects of the Boeing Selby Block project with respect to the areas listed below. 1. Agricultural Resources. 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 Addendum, and the record of proceedings for the Boeing Selby Block project do not identify or contain substantial evidence identifying significant environmental effects of the Boeing Selby Block project with respect to the areas listed below. 1. Air Quality 2. Land Use and Planning. 3. Population and Housing. 4. Recreation. 5. Utilities and Service Systems. C. Impacts Identified as Potentially Significant But Which Can Be Reduced to Less Than - Sianificant 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 Addendum, 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) Construction Impacts. Project construction activities would introduce a new structure and a variety of equipment onto the project site, potentially including scaffolding, cranes, and support vehicles. Construction would not be anticipated to substantially block any existing prominent visual resources as existing views of surrounding topographic features are entirely obstructed by area development. Additionally, implementation of mitigation measure 1 below, which requires screening of construction equipment staging areas, would help to reduce impacts to visual character related to construction activities. Further, the impact due to construction itself would be temporary in nature and thus less than significant with mitigation. (2) Light or Glare. Roadways adjacent to the project site include El Segundo Boulevard, Imperial Highway, Selby Street, and Walnut Avenue. Motorists on these roadways could potentially be impacted by light (e.g., sunlight, vehicle headlights) reflecting off of on -site structures. In general, the proposed structures would be constructed of materials with low reflectivity, including concrete, painted metal, cinder block, and stucco. On -site buildings containing warehouse and manufacturing uses would generally 2 contain few windows, if any. On -site structures containing office uses would include low- reflectivity windows that would reduce light reflecting off of the window surface. Additionally, implementation of mitigation measure 2 below, which prohibits expansive areas of highly reflective material, would help to reduce impacts related to glare. Therefore, the Project would result in a less than significant impact with regard to glare. (3) Artificial Light. The Project would result in the renovation of on- site buildings, and the development of one new on -site building. As existing structures include security lighting, the renovation of existing on -site buildings and the additional of a new building would only result in a negligible increase in on -site artificial lighting sources. The renovated and new buildings would also include building identification signage. Further, as more office uses, which often provide windows in employee areas, would be present on the project site, there would be a negligible increase in light emanating from the interior of the buildings on the project site. However, the artificial lighting associated with the Project is not anticipated to substantially increase the amount of artificial light on the project site over existing conditions. As mentioned previously, there is already a substantial amount of light emanating from the project site from security and parking lot lighting. Additionally, the vicinity of the project site experiences a relatively high nighttime light level from adjacent lighting sources (e.g., street lighting, vehicle headlights, off -site signage, and light emanating from the interior of nearby commercial buildings). Thus, any increase in ambient nighttime light resulting from the Project would be negligible in comparison to the surrounding ambient nighttime light levels. Further, as mentioned above, there are no receptors in the vicinity of the project site that are considered sensitive. Lastly, implementation of mitigation measures 3 and 4 below, which would require that lighting be designed to minimize off -site glare to the extent possible, would further reduce impacts related to glare. Thus, with implementation of the mitigation measures below, the Project would result in a less than significant impact with mitigation with regard to light impacts. b) Mitigations: (1) Construction equipment staging areas must use appropriate screening (e.g., temporary fencing with opaque material) to buffer views of construction equipment and material, when feasible. Staging locations must be identified on Final Development Plans and Grading Plans. (2) Expansive areas of highly reflective materials, such as mirrored glass, are prohibited. Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts. Building materials must be identified on the Architectural Plans submitted for plan check for the Planning Division's review and approval. 3 2. (3) All exterior lighting must be shielded downward and away from adjoining properties and the public right -of -way. A lighting plan must be submitted for Planning Division approval. This lighting plan must specify lighting type and placement to ensure lighting does not spill over onto adjoining properties. (4) A construction lighting issues building permits. downward and not shine right -of -way. c) Finding: plan must be submitted before the City Construction lighting must be shielded onto adjoining properties and the public (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. Cultural Resources. a) Facts /Effects. (1) Archaeological Resources. The project site is located in an urbanized area which has been previously disturbed by past development. Any surficial archaeological resources which may have existed at one time have likely been previously unearthed or disturbed. Four surveys and /or excavations have been conducted within the City boundaries, including an area encompassing the northern boundary of the project site. Only one of the four areas surveyed, located on LAX property approximately 1.25 miles northwest of the project site, was determined to be of archaeological significance. This site was found to contain shell remains, however, no tools or other prehistoric cultural debris were discovered. Thus, the project site is not located in a designated archaeologically sensitive area. Nevertheless, excavation and grading for the Project may extend to a depth greater than previously required for the construction of the previous and existing on -site structures. Thus, archaeological materials could be discovered during construction activities. Adherence to mitigation measure 1 below would ensure impacts remain less than significant. (2) Paleontological Resource. The proposed improvements associated with the Project would require some excavation and grading. However, the project site has been previously disturbed and /or consists of fill that does not have a high probability of uncovering significant vertebrate fossil remains; thus, any paleontological resources that may have existed at one time have likely been previously disturbed. Nevertheless, excavation and grading for the Project may extend to a depth greater than previously required for the construction of the previous on -site structures. Thus, paleontological materials could be discovered during construction activities. If paleontological resources are 4 discovered during construction activities, they would be handled in accordance with mitigation measure 2 below, which would require ceasing work in the vicinity of paleontological resources and the implementation of any recommendations. Thus, adherence to mitigation measure 2 below would ensure impacts remain less than significant. (3) Human Remains. The project site is currently paved and developed with office, manufacturing, and warehouse uses as well as an associated paved surface parking lot. The only excavations associated with the Project would be for foundations of buildings and utilities. The likelihood of encountering human remains on the project site is minimal. However, with implementation of mitigation measure 3 below, impacts with respect to the discovery and /or disturbance of human remains would be less than significant. b) Mitigation: (1) In that archaeological resources are unearthed during project subsurface activities, all earth- disturbing work within a 100 -meter radius must be temporarily suspended or redirected until an archaeologist is provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist (as appropriate) must prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of CEQA § 21083.2. The archaeologist must complete a report of excavations and findings, and must submit the report for peer review by three certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the report must be submitted to the South Central Coastal Information Center and keep the report on file at the South Central Coastal Information Center. After the find is appropriately mitigated, work in the area may resume. (2) In the event that subsurface paleontological resources are unearthed during project subsurface activities, all earth- disturbing work within a 100 -meter radius must be temporarily suspended or redirected until a paleontologist 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 must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the paleontologist, as appropriate, must prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of CEQA § 21083.2. The paleontologist must complete a report of excavations and 5 findings, and must submit the report for peer review by three certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the report must be submitted to the South Central Coastal Information Center and keep the report on file at the South Central Coastal Information Center. After the find is appropriately mitigated, work in the area may resume. (3) If human remains are unearthed, Health and Safety Code § 7050.5 requires that no further disturbance can occur until the County coroner makes 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 has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native American, who will then serve as consultant on how to proceed with the remains. c) Finding: (1) Changes or alterations have into the project and the project substantially lessen the potential in the MND. 3. Geology and Soils a) Facts /Effects been required in or incorporated ias been conditioned to avoid or environmental effect as identified (1) Liquefaction. The possibility of liquefaction occurring at a given site is dependent upon the occurrence of a significant earthquake in the vicinity, sufficient groundwater to cause high pore pressures, and on the grain size, relative density, and confining pressures of the soil at the site. The General Plan EIR indicates that the majority of the project site has a low liquefaction potential while the southwest corner of the project site has a high liquefaction potential. Therefore, a potentially significant impact could occur. Mitigation measure 1 below would reduce potential impacts with respect to liquefaction to a less than significant level. (2) Soil Erosion. Construction of the Project (i.e., during the grading phase) would expose soils for a limited time, allowing for possible erosion. However, construction activities are temporary in nature and substantial erosion would not occur. Additionally, excavation of the project site would be limited to that necessary for the installation of building foundations and utilities. Further, all grading activities require grading permits from the Building Safety Division. Before the City issues grading permits, and pursuant to ESMC § 5 -4 -9, the Applicant is required to submit a grading and construction activity runoff control program to the City. The majority of the area surrounding the project site is completely developed and would not be susceptible to indirect erosional processes (e.g., uncontrolled runoff) caused by the Project. During construction, the Project would be required to prevent the transport of sediments I: from the site by stormwater runoff and winds through the use of appropriate Best Management Practices (BMPs). With the implementation of the required construction BMPs, soil erosion impacts would be less than significant. Implementation of mitigation measure 2 below would reduce potential impacts related to soil erosion or loss of topsoil during construction activities to a less than significant level. (3) Unstable Soils. Since its founding in 1911, much of the City has been used for oil exploration and drilling, although production has declined since 1967. The project site is predominantly underlain with sand /sandy silt (to approximately 70 feet below ground surface (bgs)), with clayey silt/silty clay occurring from approximately 70 to 80 feet bgs. Soils with higher sand content tend to have increased permeability (the rate at which water percolates through soils). As such, a significant impact could occur. Implementation of mitigation measure 3 below would reduce potential impacts with respect to unstable soils to a less than significant level. (4) Expansive Soils. The Project may expose people and /or property to risks of expansive soils. The project site is underlain with sand /sandy silt and clayey silt /silty clay soils. Soils with higher sand content and lower clay content tend to have increased permeability and decreased shrink -swell potential. Nonetheless, a potentially significant impact could occur. Implementation of mitigation measure 4 below would reduce potential impacts with respect to expansive soils to a less than significant level. b) Mitigation (1) A geotechnical report must be prepared and submitted to the City that addresses soil conditions in the project vicinity with respect to liquefaction potential. The Project must be designed and constructed in accordance with the recommendations provided in the geotechnical report. (2) All soil disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles per hour. (3) A geotechnical report r City that addresses soil respect to unstable soils. constructed in accordance geotechnical report. (4) A geotechnical report City that addresses soil respect to expansive soil s . constructed in accordance geotechnical report. c) Finding: 7 nust be prepared and submitted to the conditions in the project vicinity with The Project must be designed and with recommendations provided in the must be prepared and submitted to the conditions in the project vicinity with The Project must be designed and with recommendations provided in the (1) Changes or alterations have been required in or incorporated into the 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) Release of Hazardous Materials. Due to previous on -site operations, three below - ground hazardous materials concerns have been reported on the project site. The three on -site hazardous materials concerns include an underground wastewater clarifier at the S30 Building; an underground storage tank (UST) formerly used to store industrial solvents at the S30 and S31 Buildings; and an historic release at the northwest corner of the project site associated with USTs as part of a former fueling station at that location. As the source for each of these hazardous materials concerns were removed over ten years ago, it is likely that residual concentrations of these components are below regulatory standards. Additionally, remediation activities at the project site have reduced concentrations of IPA, acetone, and MEK to below regulatory standards. Due to the characteristics of the hazardous materials concerns and below - ground groundwater barriers, the potential for these below - ground hazardous materials to enter groundwater is considered low. Additionally, as the project site is currently covered with structures and parking lots, and ground- disturbing activities are currently not completed on site, the potential for these below - ground hazardous materials to be released into the surrounding environment is low. Nevertheless, a Corrective Action Consent Agreement (CACA) was issued by the Department of Toxic Substances Control (DTSC) on November 16, 2006, that mandates the remediation of any remaining on -site hazardous materials. Construction of the Project would require ground- disturbing activities including excavation, grading, and foundation construction. These ground- disturbing activities would encounter shallow soils, and thus, have the potential to release remaining below - ground hazardous materials into the environment. This is considered a potentially significant impact. However, pursuant to mitigation measure 1 below, which requires the submittal of a health and safety plan, proof of a proper soil disposal plan, and DTSC acknowledgement that proceeding with the Project will not conflict with completion of the work necessary for CACA compliance before the City issues grading or building permits, the impacts associated with the release of identified below - ground hazardous materials concerns would be reduced to less than significant levels. Additionally, the potential exists for encountering asbestos containing materials (AGMs), lead -based paint (LBP), or polychlorinated biphenyls (PCBs) during project demolition W activities. When left intact and undisturbed, ACMs do not pose a health risk to building occupants. There is, however, potential for exposure when ACMs become damaged to the extent that asbestos fibers become airborne and are inhaled. These airborne fibers are carcinogenic and can cause lung disease. The age of a building is directly related to its potential for containing elevated levels of ACMS. LBP was once widely used to coat and decorate buildings, however, LBP can result in lead poisoning when consumed or inhaled. Like ACMs, LBP generally does not pose a health risk to building occupants when left undisturbed, however, deterioration, damage, or disturbance will result in hazardous exposure. Buildings built before the 1978 federal ban of LBP are likely to contain LBP, as well as buildings built shortly thereafter. PCBs are mixtures of chlorinated compounds which can exist as vapor, oily liquids, or solids and have been used as coolants and lubricants in transformers and other electrical equipment. When PCBs leak into the air, water, and soil, they can result in skin rashes and liver damage in humans. Consequently, due to age of the existing structures on the project site, it is possible that ACMs, LBP, or PCBs associated with building components may exist on the project site. Congress enacted the Toxic Substances Control Act (TSCA) to control the distribution, use, and disposal of harmful chemicals, including Asbestos, LBPs, and PCBs. Should ACMs, LBPs, or PCBs be discovered on the project site, removal and disposal of such substances would be carried out in accordance with the Code of Federal Regulations, Title 40. Mitigation measure 2 below is required to ensure proper removal and disposal of ACMs, LBP, and PCBs should these substances be detected. With implementation of mitigation measure 2 below, impacts would be less than significant. (2) Airport. The project site is located within the boundaries of the LAX Planning Boundary. However, structures under the Project would not exceed the height of those in the vicinity of the project site and would adhere to all Federal Aviation Administration regulations, including those related to building identification and lighting. Further, implementation of mitigation measure 3 below would ensure impacts with respect to hazards for people residing or working in the project area would be less than significant. b) Mitigation: (1) Before the City issues grading or building permits, the Applicant must submit to the City written acknowledgment from DTSC that proceeding with Project construction will not be detrimental to the required remediation of on -site hazardous materials as required by the CACA; written acknowledgement that the DTSC approves of any well monitoring relocation; approval by the ESFD of a Health and Safety Plan regarding the excavation of potentially hazardous materials; and any necessary permitting for Los Angeles County regarding well installations. E (2) The Applicant will provide the Building and Safety Division with ACM, LBP, and PCB surveys on all buildings and associated infrastructure scheduled for demolition. If ACMs LBP, and /or PCBs are detected, they must be abated in accordance with all applicable Federal, State, and local regulations before renovation or demolition. (3) Before the City issues a building permit, the Applicant must submit one of the following: Acknowledgement from LAWA that construction of the project will not conflict with the airport operations OR Proof of completion of an FAA type 77 review. c) Finding: (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 5. Hydrology and Water Quality a) Facts /Effects (1) Operational Impacts. While manufacturing and warehouse uses would be located on -site, any pollution generated from these uses would be retained indoors and would not be permitted to enter the stormwater flow. The primary source of operation - related water pollutants would be from the deposition of certain chemicals by cars in the parking areas and on internal driveway surfaces. Chemicals that vehicles typically contribute to the storm drain system include metals, oil and grease, solvents, phosphates, hydrocarbons, and suspended solids. Implementation of the Project would continue to direct all stormwater flows to the existing City stormwater drainage system. All contaminants gathered on- site would be disposed of in compliance with applicable stormwater pollution prevention permits, water quality standards, and wastewater discharge BMPs set forth by the City and the SWRCB. Furthermore, the Project would be required to incorporate design criteria requirements established in the SUSMP for Los Angeles County and City of El Segundo and approved by the LARWQCB to minimize the off -site conveyance of pollutants. As such, with the implementation of the following mitigation measures, the Project's impacts related to stormwater runoff would be reduced to a less than significant level. b) Mitigation (1) The Applicant must maintain all structural or treatment control BMPs for the life of the project. (2) Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, without limitation, a 10 cabinet, shed, or similar sheltered enclosure; or (2) protected by secondary containment structures such as berms, dikes, or curbs. c) Finding (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 6. Noise. a) Facts /Effects. (1) Construction Noise. Construction - related noise impacts would be significant if, as indicated in ESMC § 7 -2 -10, construction activity occurs between the hours of 6:00 P.M. and 7:00 A.M. Monday through Saturday, or at any time on Sunday or a federal holiday. In addition, noise levels generated during construction are not allowed to exceed 65 dBA at the property line of any residential receptors. Although the City's 65 dBA standard is only identified in the ESMC for residential properties, this noise standard is also extended to other noise - sensitive receptors (e.g., schools, hotels, churches) in the project area in recognition of the sensitivity of these uses to increased noise levels and to provide a conservative analysis. During project construction, three basic types of activities would be expected to occur and generate noise. The first activity would involve the renovation of the existing S30, and S31 buildings. The second activity would involve the preparation and excavation of the project site to accommodate the building foundation for the new structure that is being proposed which would connect buildings S21, S22, S30, and S31 on their respective ground floors. The last activity that would generate noise during construction would involve the physical construction and finishing of the new proposed structure, the renovation of the existing S30 and S31 buildings, and updating the exteriors of the existing S21 and S22 buildings. Currently, land uses immediately surrounding the project site include commercial, manufacturing, office, and parking uses. Noise - sensitive receptors such as residential and hotel uses are located further away to the west and southwest, beyond the non- residential land uses that surround the project site. Due to distance and the presence of existing intervening structures between the project site and the off -site sensitive receptors, typical construction noise levels associated with the Project would not exceed the 65 dBA standard at any of the off -site sensitive receptors. As such, construction - related noise impacts associated with the Project would be less than significant. To ensure that construction activities associated with the Project would comply with the hours indicated in the ESMC, mitigation measure 1 below is included. In addition, to further reduce the construction noise 11 levels associated with the Project to the maximum extent feasible, mitigation measures 2 through 5 are included. (2) Operational Noise. Upon completion and operation of the Project, on -site operational noise would be generated by heating, ventilation, and air conditioning (HVAC) equipment for the new office uses. However, due to the distance of the proposed structure at the project site from the surrounding off -site uses and its location between existing on -site structures, it is not anticipated that the noise generated by the rooftop HVAC equipment would result in any adverse noise impacts on the surrounding off -site uses. Nonetheless, in order to ensure that the on -site operational noise associated with any new rooftop HVAC equipment at the project site would not adversely affect the surrounding off -site uses, mitigation measure 6 below would be implemented to ensure that the new HVAC equipment for the Project would be equipped with shielding design measures. (3) Ground -borne Vibration. ESMC § 7 -2 -9 prohibits any ground vibration that is perceptible to any reasonable person of normal sensitivity at any point on any affected property. However, ESMC § 7 -2 -9 exempts construction - related vibration from the above provision as long as the vibration created does not endanger the public health, welfare, and safety. As the City does not identify a numerical significance threshold to assess vibration impacts to buildings during construction, the Federal Transit Administration (FTA) and the California Department of Transportation's (Caltrans) adopted vibration standards for buildings are used to evaluate potential impacts related to project construction. These thresholds adopted by the FTA include 80 VdB at residences and buildings where people normally sleep (e.g., nearby residences) and 83 VdB at institutional buildings, which includes schools and churches. None of the vibration level experienced by the nearest off -site sensitive receptors to the project site would not exceed the FTA's 80 VdB threshold for residential uses or places where people may sleep. Thus, these impacts would be less than significant. In order to ensure impacts will be less than significant mitigation measure 7 below is included. b) Mitigation: (1) As stated in the ESMC, construction activities are restricted to the hours of 7:00 A.M. to 6:00 P.M. Monday through Saturday, and are prohibited on Sundays and federal holidays (2) Construction activities must be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels, to the maximum extent feasible. (3) Construction contracts must specify that all construction equipment, fixed or mobile, must be equipped with properly operating and maintained mufflers and other noise attenuating devices. 12 7 (4) All construction truck traffic must be restricted to truck routes approved by the City of El Segundo Department of Planning and Building Safety, and must generally avoid residential areas and other sensitive receptors to the extent feasible. (5) All construction entrances must post construction hours, allowable workdays, and the phone number of the construction superintendent. (6) All new rooftop equipment associated with the Project must be either screened from view by parapets or fully enclosed. (7) The operation of construction equipment that generates high levels of vibration in excess of 80 VdB, including, without limitation large bulldozers, loaded trucks, caisson drills, and jackhammers, must be prohibited within 52 feet of the existing off -site industrial building that abuts the northeast corner of the project site. Instead, small rubber -tired bulldozers must be used within this area during demolition, grading, and site preparation operations. c) Finding: (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. Public Services a) Facts /Effects. (1) Fire Protection. The Project would comply with all applicable ESFD and ESMC fire - safety regulations, as well as those established by the California Fire Code, as adopted by the ESMC, including those related to fire - protection systems (e.g., automatic sprinkler systems, life- safety alarm systems). Adherence to these regulations is anticipated to reduce the increase in demand for fire - protection services to levels where additional staff would not be required to accommodate the additional demand. Further, access to the project site would not be restricted and would continue to be provided through access points on Imperial Highway, Selby Street, and Walnut Avenue. Implementation of the Project is not anticipated to increase response times to the project site or surrounding vicinity. Lastly, the ESFD will be provided an opportunity to review and comment on all project development plans before the issuance of building permits. The ESFD review would ensure adequate emergency access, fire hydrant availability, and compliance with all applicable codes. Thus, the Project would result in a less than significant impact with regard to fire - protection services. Nonetheless, Mitigation measure 1 below, which requires the payment of a fire service mitigation fee, would further reduce impacts to ESFD fire - protection services. 13 (2) Police Protection. This increase in employees is not anticipated to increase demand for police - protection services to levels where additional staff would be required to accommodate the additional demand. The Project would be designed to deter crime by limiting on -site "dead zone" spaces. The building and layout design of the Project would also include crime prevention features, such as nighttime security lighting. Further, access to the project site would be restricted and would continue to be provided through entrances on Imperial Highway, Selby Street, and Walnut Avenue. Implementation of the Project is not anticipated to increase response times to the project site or surrounding vicinity. The ESPD will be provided an opportunity to review and comment on all project development plans before the issuance of building permits. The ESPD review would ensure adequate design features are included to reduce any potential increase in demand for police - protection services. No new or expanded police station facilities would be required as a result of the Project. Mitigation measure 2 below, which requires the payment of a police service mitigation fee, would further reduce impacts to ESPD police - protection services to a less than significant level. (3) Schools. Education Code § 17620(a)(1) authorizes any school district to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities. The Wiseburn School District has calculated developer fees of $0.47 per square foot for commercial and industrial development. Mitigation measure 3 below, which requires the payment of developer impact fees, would offset the cost of providing service for any additional students generated by the Project, and impacts on school services would be less than significant. (4) Library. Library services for the project area are provided by the El Segundo Public Library, located at 111 W. Mariposa Avenue. In general, residential development results in a direct increase in demand on library services. The Project would not generate new residents; therefore, the Project would not generate an additional need for library space or volumes of permanent collection. Furthermore, as outlined in mitigation measure 4 below, the Applicant will be required to pay a Library fee of $0.03 per square foot of development. Therefore, impacts on library services would be less than significant. b) Mitigation: (1) The Applicant is responsible for paying a Fire Service Mitigation Fee to the ESFD for the provision of fire - protection services. Per the ESMC, the current fee is levied at $0.14 cents per square foot of net new building area for commercial and industrial uses. 14 (2) The Applicant is responsible for paying a Police Service Mitigation Fee of $0.11 per gross square foot of net new building area to the ESPD for the provision of police - protection services. (3) The Applicant is responsible for paying a School District Developer Fee of $0.47 per square foot of net new commercial, industrial, or warehouse development to the WSD for the provision of school services. (4) The Applicant is responsible for paying a Library Fee of $0.03 per square foot of net new development to the City of El Segundo Public Library for the provision of library services. c) Finding: (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. 8. Transr)ortation/Traffic (a) Facts /Effects: (1) Traffic Analysis. To assess the Project's traffic- related impact on area roadways, an analysis of existing conditions was conducted on the streets and highways serving the project area. The following eight study intersections were selected for analysis in order to determine potential project - related impacts: I. Imperial Highway at California Street II. Imperial Highway at Sepulveda Boulevard III. Imperial Highway at Selby Street IV. Imperial Highway at Hughes Way V. Sepulveda Boulevard at Walnut Avenue VI. Sepulveda Boulevard at Mariposa Avenue VII. Sepulveda Boulevard at Grand Avenue VIII. Sepulveda Boulevard at El Segundo Boulevard Peak hour operating conditions at signalized intersections were evaluated using the Intersection Capacity Utilization (ICU) methodology, in accordance with the City of El Segundo and LA County Congestion Management Program (CMP) requirements. The ICU methodology provides a comparison of the theoretical hourly vehicular capacity of an intersection to the number of vehicles actually passing through that intersection during a given hour. The ICU calculation returns a volume -to- capacity (V /C) ratio that translates into a corresponding Level of Service (LOS) measure, ranging from LOS "A," representing uncongested free - flowing conditions, to LOS "F," representing over - capacity conditions. Study intersections under Caltrans jurisdiction are also analyzed per Caltrans requirements using the Highway Capacity Manual (HCM) methodology. Sepulveda Boulevard is a Caltrans 15 facility; therefore all intersections along Sepulveda Boulevard were analyzed using the HCM methodology. Using the identified methodology, the Project would not result in significant impacts at any study intersection. Therefore, no mitigation measures would be required for any study intersection. Mitigation measure 1 below, which requires payment of a Traffic Mitigation Fee, would further reduce impacts to traffic on area roadways. (2) Bus Operations. A comment letter concerning the contacting of the Metro Bus Operations Control Special Events Coordinator and other Municipal Bus Service Operator was received during the public comment period. This issue would not create a new significant environmental effect. Implementation of mitigation measure 2 below will ensure any potential impacts to bus operations are less than significant. (b) Mitigation: (1) The Applicant is responsible for paying a Traffic Mitigation Fee per Resolution No. 4443. (2) The Applicant shall contact the Metro Bus Operations Control Special Events Coordinator and other Municipal Bus Service Operators prior to the start of construction. (c) Finding: (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or substantially lessen the potential environmental effect as identified in the MND. A. Insignificant Cumulative Impacts. The City Council finds that the Mitigated Negative Declaration and addendum 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 Boeing Selby Block Project with respect to the areas listed below: Aesthetics 2. Agricultural Resources 3. Air Quality 4. Biological Resources 5. Cultural Resources 6. Geology and Soils 7. Hazards and Hazardous Materials 16 8. Hydrology and Water Quality 9. Land Use and Planning 10. Mineral Resources 11. Noise 12. Population and Housing 13. Public Services 14. Recreation 15. Transportation/Traffic 16. Utilities and Service Systems 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 and addendum, which are 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 \800 - 825 \EA - 819 \City Council \EA- 819.CEQA Resolution findings Exh A.doc 17 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 City of El Segundo Planning and Building Safety Department is the Lead Agency for the Proposed Boeing Selby Block Zone Change and General Plan Land Use Map Designation Amendment. An Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared to address the potential environmental impacts of the 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 Project. This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of mitigation measures identified for the Project. The required 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 a The Implementing Party, the agency with the power to implement the mitigation measure; O 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 MMRP for the Proposed Boeing Selby Block Zone Change and General Plan Land Use Map Designation Amendment will be in place throughout all phases of the Project. The Applicant shall be responsible for implementing all mitigation measures unless otherwise noted. The applicant shall also be obligated to provide certification, as identified below, to the appropriate monitoring agency and the appropriate enforcement agency that compliance with the required mitigation measure has been implemented. The City's existing planning, engineering, review, and inspection processes will be used as the basic foundation for the MMRP procedures and will also serve to provide the documentation for the reporting program. The substance and timing of each certification report that is submitted to Planning and Building Safety Department shall be at the discretion of the Planning and Building Safety Department. Generally, each report will be submitted to the Planning and Building Safety Department in a timely manner following completion /implementation of the applicable mitigation measure and shall include sufficient information to reasonably determine whether the intent of the measure has been satisfied. The Planning and Building Safety Department in conjunction with the Applicant shall assure that project construction occurs in accordance with the MMRP. The South Coast Air Quality Management District (SCAQMD) shall be responsible for the implementation of corrective actions relative to violations of SCAQMD rules associated 1 with mitigation. Departments listed below are all departments of the City of El Segundo unless otherwise noted. AESTHETICS MM AE -1. Construction equipment staging areas must use appropriate screening (e.g., temporary fencing with opaque material) to buffer views of construction equipment and material, when feasible. Staging locations must be identified on Final Development Plans and Grading Plans. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department MM AE -2. Expansive areas of highly reflective materials, such as mirrored glass, are prohibited. Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts. Building materials must be identified on the Architectural Plans submitted for plan check for the Planning Division's review and approval. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM AE -3. All exterior lighting must be shielded downward and away from adjoining properties and the public right -of -way. A lighting plan must be submitted for Planning Division approval. This lighting plan must specify lighting type and placement to ensure lighting does not spill over onto adjoining properties. Monitoring Phase: Pre - Construction, Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department MM AE -4. A construction lighting plan must be submitted before the City issues building permits. Construction lighting must be shielded downward and not shine onto adjoining properties and the public right -of -way. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department II. AGRICULTURAL RESOURCES No mitigation measures are required. Ill. AIR QUALITY No mitigation measures are required. IV. BIOLOGICAL RESOURCES No mitigation measures are required. V. CULTURAL RESOURCES MM CRA. In the event that archaeological resources are unearthed during project subsurface activities, all earth- disturbing work within a 100 -meter radius must be temporarily suspended or redirected until an archaeologist is provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist (as appropriate) must prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of CEQA § 21083.2. The archaeologist must complete a report of excavations and findings, and must submit the report for peer review by three certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the report must be submitted to the South Central Coastal Information Center and keep the report on file at the South Central Coastal Information Center. After the find is 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 MM CR -2. In the event that subsurface paleontological resources are unearthed during project subsurface activities, all earth- disturbing work within a 100 -meter radius must be temporarily suspended or redirected until a paleontologist 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 must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the paleontologist, as appropriate, must prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of CEQA § 21083.2. The paleontologist must complete a report of excavations and findings, and must submit the report for peer review by three certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the -report must be submitted' to'the South Central Coastal Information Center and keep the report on file at the South Central Coastal Information Center. After the find is 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 MM CR -3. If human remains are unearthed, Health and Safety Code § 7050.5 requires that no further disturbance can occur until the County coroner makes 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 has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native American, who will then serve as consultant on how to proceed with the remains. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department VI. GEOLOGY AND SOILS MM GS -1. A geotechnical report must be prepared and submitted to the City that addresses soil conditions in the project vicinity with respect to liquefaction potential. The Project must be designed and constructed in accordance with the recommendations provided in the geotechnical report. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: MM GS -2. All soil disturbance and 25 miles per hour. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - Construction, Construction Applicant Planning and Building Safety Department, Public Works Department Planning and Building Safety Department, Public Works Department travel on unpaved surfaces must be suspended if winds exceed Construction Applicant Planning and Building Safety Department Planning and Building Safety Department MM GS -3. A geotechnical report must be prepared and submitted to the City that addresses soil conditions in the project vicinity with respect to unstable soils. The Project must be designed and constructed in accordance with recommendations provided in the geotechnical report. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department MM GS -4. A geotechnical report must be prepared and submitted to the City that addresses soil conditions in the project vicinity with respect to expansive soils. The Project must be - designed anc. . . t_ - - in_ accordance with recommendations provided in the geotechnical report. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department HAZARDS AND HAZARDOUS MATERIALS MM HM -1. Before the City issues grading or building permits, the Applicant must submit to the City written acknowledgment from DTSC that proceeding with Project construction will not be detrimental to the required remediation of on -site hazardous materials as required by the Corrective Action Consent Agreement (CACA); written acknowledgement that the Department of Toxic Substances Control (DTSC) approves of any well monitoring relocation; approval by the EI Segundo Fire Department (ESFD) of a Health and Safety Plan regarding the excavation of potentially hazardous materials; and any necessary permitting for Los Angeles County regarding well installations. 4 Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM HM -2. The Applicant will provide the Building and Safety Division with asbestos containing materials (ACM), lead based paint (LBP), and polychlorinated biphenyls (PCB) surveys on all buildings and associated infrastructure scheduled for demolition. If ACMs LBP, and /or PCBs are detected, they must be abated in accordance with all applicable Federal, State, and local regulations before renovation or demolition. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM HM -3. Before the City issues a building permit, the Applicant must submit one of the following: Acknowledgement from Los Angeles World Airports (LAWA) that construction of the project will not conflict with the airport operations. -OR- Proof of completion of a Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: n FAA type 77 review. Pre - Construction Applicant Planning and Building Safety Department; Planning Division Planning and Building Safety Department; Planning Division VII. HYDROLOGY AND WATER QUALITY MM HY -1. The Applicant must maintain all structural or treatment control best management practices (BMPs) for the life of the project. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Plarir►ing andikJin� Safety Department, Public Works Department Monitoring Agency: Planning and Building Safety Department, Public Works Department MM HY -2. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, without limitation, a cabinet, shed, or similar sheltered enclosure; or (2) protected by secondary containment structures such as berms, dikes, or curbs. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department, Los Angeles Regional Water Quality Control Board Monitoring Agency: Planning and Building Safety Department, Public Works Department VIII. LAND USE AND PLANNING No mitigation measures are required. IX. MINERAL RESOURCES No mitigation measures are required. X. NOISE MM NS -1. As stated in the El Segundo Municipal Code, construction activities are restricted to the hours of 7:00 A.M. to 6:00 P.M. Monday through Saturday, and are prohibited on Sundays and federal holidays. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM NS -2. Construction activities must be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels, to the maximum extent feasible. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM NS -3. Construction contracts must specify that all construction equipment, fixed or mobile, must be equipped with properly operating and maintained mufflers and other noise attenuating devices. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM NS -4. All construction truck traffic must be restricted to truck routes approved by the City of El Segundo Department of Planning and Building Safety, and must generally avoid residential areas and other sensitive receptors to the extent feasible. Monitoring Phase: Pre - Construction Implementation Party: Applicant - - - Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM NS -5. All construction entrances must post construction hours, allowable workdays, and the phone number of the construction superintendent. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM NS -6. All new rooftop equipment associated with the Project must be either screened from view by parapets or fully enclosed. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department 9 MM NS -7. The operation of construction equipment that generates high levels of vibration in excess of 80 VdB, including, without limitation large bulldozers, loaded trucks, caisson drills, and jackhammers, must be prohibited within 52 feet of the existing off -site industrial building that abuts the northeast corner of the project site. Instead, small rubber -tired bulldozers must be used within this area during demolition, grading, and site preparation operations. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: XI. POPULATION AND HOUSING Construction Applicant Planning and Building Safety Department Planning and Building Safety Department No mitigation measures are required. XII. PUBLIC SERVICES MM PS -1. The Applicant is responsible for paying a Fire Service Mitigation Fee to the ESFD for the provision of fire- protection services. Per the ESMC, the current fee is levied at $0.14 cents per square foot of net new building area for commercial and industrial uses. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM PS -2. The Applicant is responsible for paying a Police Service Mitigation Fee of $0.11 per gross square foot of net new building area to the ESPD for the provision of police - protection services. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM PS -3. The Applicant is responsible for paying a School District Developer Fee of $0.47 per square foot of net new commercial, industrial, or warehouse development to the WSD for the provision of school services. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department MM PS -4. The Applicant is responsible for paying a Library Fee of $0.03 per square foot of net new development to the City of El Segundo Public Library for the provision of library services. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department Xill. RECREATION No mitigation measures are required. 7 XIV. TRANSPORTATION /TRAFFIC MM TR -1. The Applicant is respon Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Bible for paying a Traffic Mitigation Fee per Resolution No. 4443. Pre - Construction Applicant Public Works Department, Planning and Building Safety Department Public Works Department, Planning and Building Safety Department MM TR -2. The Applicant shall contact the Metro Bus Operations Control Special Events Coordinator and other Municipal Bus Service Operators prior to the start of construction. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Los Angeles County Metropolitan Transportation Authority Monitoring Agency: Los Angeles County Metropolitan Transportation Authority XV. UTILITIES AND SERVICE SYSTEMS No mitigation measures are required. H City Council Resolution Exhibit C Excerpt from Pages 3 -11 and 3 -12 of the El Segundo General Plan Land Use Element Proposed Land Use Plan Northeast Quadrant On the 1992 Land Use Plan, the majority of the northeast quadrant is designated either Corporate Office (217.1 211.3 ac) or Urban Mixed -Use (232.5 ac). The Corporate Campus Specific Plan (46.5 ac) also allows a mixture of office and commercial uses. Corporate Office allows a mixture of office uses with retail in the lobby. This designation covers the "Superblock Area" and will allow uses similar to those currently in that area. (Ord. 1345, GPA 0l -2, 1/2/02) The Urban Mixed -Use North and South designations allow a mixture of uses, including office, hotels, and retail and light industrial with discretionary approval. The Urban Mixed -Use North and South designations are designed to allow for a flexibility of uses near the three existing, and one future, Green Line transit stations. For the most part, the types of uses allowed are different from the light and heavy industrial uses currently in this area. These designations will accommodate a transition from these uses, which is being driven by the market forces described in the Economic Development Element. (Ord. 1272, GPA 97 -1, 6/17/97). General Commercial uses are proposed along Sepulveda Boulevard and along El Segundo Boulevard, east of Aviation Boulevard. This designation allows retail and hotel uses. The site along El Segundo Boulevard, east of Aviation Boulevard (3.8 ac), as well as the site at the northeast corner of Sepulveda Boulevard and Mariposa-Avenue (3..2 ac) are already in commercial use. The site on the southeast corner of Sepulveda Boulevard and Mariposa Avenue (7.1 ac) is currently vacant, except for an existing bank building. euffently used for- offiee, but-.the land use designafien of general Geminer-sial watil ' the - ' Use. The area bounded by Nash Street, Maple Avenue, Lairport Street, and Imperial Avenue is designated as light industrial, which is consistent with the uses currently operating in that area, primarily the Hughes facility (50.4 ac). The area bounded generally by Aviation Boulevard, El Segundo Boulevard, and Douglas Street is currently a U.S. Government Air Force Base (48.5 ac), which is expected to remain for the life of the Plan. The Federal Government designation placed on this area will allow the types of uses that are existing. The narrow parcel near the northwest intersection of El Segundo Boulevard and Aviation Boulevard (3.93 ac), between El Segundo Boulevard and 124th Street, is a Specific Plan area ("124th Street Specific Plan ") which encourages primarily warehousing and storage uses; however, a City Water Facility may also be developed on the site. (Ord. 1309, GPA 99 -1, 8/17/99) City Council Resolution Exhibit D 1992 General Plan Summary of Existing Trends Buildout Lana use category Acres Dwelling Units Squa Single - Family Residential 357.2 2,858 - Two - Family Residential 57.4 934 - Planned Residential 5.7 65 - Multi- Family Residential 119.7 3,389 - Neighborhood Commercial 6.6 851 89,11( Downtown Commercial 8.8 181 383,3 General Commercial 38.4 444 - 1,673, Corporate Office 217.1 211.3 - 12,55 Commercial Center 85.8 - 850,0 Smoky Hollow 94.1 268 2,019, Urban Mixed -Use North 232.5 - 13,16 Urban Mixed -Use South "' 70.6 - 3,997, 124 Street Specific Plan 3.9 1 73,53( Aviation Specific Plan 5.4 - 66,OOC Downtown Specific Plan 26.3 2321 1,145, Corporate Campus Specific Plan 46.5 - 2,550, Parking 11.8 - _ Light Industrial 356.1 - 18,529 Heavy Industrial 1001 - ? Public Facilities 87.9 - _ Federal Government 90.6 - _ Open Space 78.3 _ _ Parks 50 _ _ Stmt � Railroad R. 0. W 442.6 - _ Totals 3,494.3 7,850 57,099, Population. Projection 17,287 re Footage 28 394 1 ,nom 6,285 12,951 00 454 6,010 936 628 000 ,000 675 1 Existing construction and recently constructed, renovated commercial centers and legal non - conforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan. 2 The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison Generation Station. These facilities have processing equipment and tanks rather than buildings and are expected to remani for the life of the Plan. Therefore, no estvnated building square footage is shown. E IMPERIAL AVE E WALNUT AVE E SYCAMORE AVE N U City of El Segundo IMPERIAL HWY A m a 0 w J a w U) lrli F } m LU w w Proposed change to Corporate Office 900 N. Sepulveda Boulevard Proposed General Plan Amendment. Land Use Map E MAPLE AVE lit nLl CITY COUNCIL RESOLUTION NO. 4612 Exhibit F CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), The Boeing Company, agrees to comply with the following provisions as conditions for the City of El Segundo's approval of a Draft Mitigated Negative Declaration and Addendum for Environmental Assessment (EA No. 819), General Plan Amendment (GPA No. 08 -02), Zone Change (ZC No. 08 -01) and Off -Site Parking Covenant (Misc. 09 -02) ( "Project Conditions "). Planning and Building Safety Department 1. 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 Director of Planning and Building Safety 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 and Addendum for the proposed Boeing Selby Block project are incorporated by this reference into these conditions of approval. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and on the plans for which a building permit is issued. 4. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the City of El Segundo 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 landscaping and irrigation must be completely installed before the City issues a final 1 Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: A. Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). B. Auto matic 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. C. Selection of drought - tolerant, low -water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10 -2 -1, et seq. 5. Pursuant to the City's Transportation Demand Management requirements (ESMC § 15- 16- 3(A)), the applicant must display transportation information on a bulletin board, display area or kiosk. 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. 6. Pursuant to the City's Transportation Demand Management requirements (ESMC § 15- 16- 3(B)(5)), the applicant must provide a sufficient number of bicycle racks to accommodate the storage of at least eight bicycles. The bicycle racks are to be located in a secured area in close proximity to building entrances to the satisfaction of the Planning and Building Safety Director. 7. Pursuant to the City's Transportation Demand Management requirements (ESMC § 15- 16- 3(B)(1) and (2)), the applicant must provide preferential parking areas for carpool /vanpool parking and a HOV Loading Area. 8. Before the City issues a Certificate of Occupancy for the development, the applicant must submit a comprehensive sign program for the entire development to the Planning and Building Safety Department for review and approval. 9. The trash and recycling enclosures shown on the site plan must be 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. 10. 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. 11. Exterior lighting must be designed to minimize off -site glare. Additionally, parking lot lighting must be designed with shields that direct light downward. A lighting plan must be reviewed and approved to the satisfaction of the Planning and Building Safety Department. 12. The building must be designed to comply with the ESMC standards for the attenuation of interior noise. 13. Before the City issues a Certificate of Occupancy, the applicant must submit an executed parking covenant for the 283 parking spaces located at adjacent sites within the Boeing Campus for review and approval by the Planning and Building Safety Director. The parking covenant must be reviewed and approved as to form by the Planning and Building Safety Director and City Attorney before recordation. The applicant must pay for all fees incurred by the City as a result of the City Attorney's review of the Parking Covenant before the City issues a Certificate of Occupancy. 14. Before the City issues a Certificate of Occupancy, the approved Lot Line Adjustment No. 09 -04 must be recorded. 15. Before the City issues a Certificate of Occupancy the applicant must provide the Planning and Building Safety Department a status report on the LEED certification process that includes the GBCI scorecard. The Planning and Building Safety Director will determine if the items identified on the scorecard and report show a good faith effort to obtaining LEED certification and warrant release of this condition. Within one month of receiving LEED certification, the applicant must furnish proof of certification to the Planning and Building Safety Department. 16. Before the City issues a Certificate of Occupancy, the applicant must install a "City of El Segundo" wall sign on the project site adjacent to the 3 corner of Imperial Avenue and Sepulveda Boulevard. All costs associated with this sign will be incurred by the Boeing Company. The design of the sign is subject to the review and approval of the Director of Planning and Building Safety. 17. To the extent applicable, the applicant must comply with the requirements of the stipulated settlement between Los Angeles World Airports and the City of El Segundo, dated February 17, 2006, which is incorporated by reference. Building Division Conditions 18. Before building permits are issued, the applicant must submit a geotechnical /soils report, along with an associated grading plan that addresses the current code to the Planning and Building Safety Director for review and approval. 19. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Director for review and approval. 20. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Director for review and approval. 21. 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. 22. 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 23. The project must comply with all applicable requirements in the California Building and Fire Codes, adopted by the City of El Segundo and El Segundo Fire Department Regulations that are applicable to the project and occupancy. 24. The applicant must provide a fire apparatus access roadway on the north side of 950 North Sepulveda Boulevard and in the parking lot between 901 and 915 Selby Street. The fire apparatus access roadway must comply with California Fire Code and International Fire Code requirements as adopted by the City of El Segundo. E 25. The applicant must provide on -site fire hydrants on the north side of 950 North Sepulveda Boulevard and in the parking lot between 901 and 915 Selby Street. 26. The applicant must provide at building plan check submittal, a confirmation letter from the affected underground pipeline operators that the proposed project will not place structures within the dedicated pipeline right of ways and /or the structures are allowed by the affected underground pipeline operators. Public Works Department Conditions 27. Before the City issues a Certificate of Occupancy any and all damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department by an appropriately licensed contractor. 28. Before the City issues a Certificate of Occupancy the applicant must repair the portions of sidewalk along the Sepulveda Boulevard frontage that have been uplifted by tree roots. The applicant must repair these portions of sidewalk to City of El Segundo Public Works Department and Caltrans standards. 29. Before the City issues a Certificate of Occupancy the applicant must provide an irrevocable offer to dedicate 19 feet along the entire Selby Street frontage of the subject property to the satisfaction of the Public Works Department and the City Attorney. The City has the right to exercise its option to accept the property subject to the offer of dedication before September 1, 2029. 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 of dedication will automatically expire. The applicant must enter into an agreement, in a form approved by the City Attorney, holding the City harmless and indemnifying it from any hazardous materials or contamination that may affect the property offered for dedication. 30. The relocated mid -block crossing on Selby Street must include enhanced marking to emphasize pedestrian movement. The enhanced markings are subject to the review and approval of the Director of Public Works. 31. Before the City issues a Certificate of Occupancy the applicant must provide a plan showing the abandonment of the existing sewer, obtain approval from the Director of Public Works for a new configuration of the sewer easement and have the new easement area recorded. 32. Before the City issues a building permit the locations and sizes of all proposed water meters must be approved by the City's Water Division. 33. Before the City issues a building permit the applicant must submit a utility plan to the Public Works Department showing water, sewer, and storm drain lines. The utility plan information will be used to determine fees, if necessary, and to determine applicable standard requirements that must be evaluated and conveyed. 34. The project must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. 35. Before the City issues a building permit the applicant must provide a SUSMP (Standard Urban Storm Water Mitigation Plan). 36. The applicant must ensure that encroachment permits if required and /or deemed to be required by the City are secured from the Public Works Department before commencing any and all work in the public right -of- way. Police Department Conditions 37. The addressing, all types of exterior doors to each building, pedestrian walkways, open parking lots, driving surfaces and trash dumpsters must be illuminated with a maintained minimum of one foot - candle of light on the ground surface during hours of darkness. 38. Aisles, passageways and recesses related to and within all sides of the buildings must be illuminated with a maintained minimum of .25 -.50 foot - candles on the ground surface during hours of darkness. 39. Lighting devices must be enclosed and protected by weather and vandal resistant covers. Construction Conditions 40. 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. 41. Public sidewalks must remain open at all times. 42. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 2 43. 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. 44. Staging of construction vehicles and vehicle entry and egress to the site must occur on Walnut Avenue, Selby Street or Imperial Avenue. Entry and Egress on Imperial Avenue during peak traffic periods (7 -9 am and 3- 5 pm) should be minimized to the extent feasible. Construction vehicle entry and egress to the site is prohibited on Sepulveda Boulevard. 45. Construction vehicles cannot use any route except the City's designated Truck Routes. 46. 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. 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. 47. During construction and operations, all waste must be disposed of in accordance with all applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 48. 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. 49. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 50. The project must comply with ESMC Chapter 5 -4, which establishes storm water and urban pollution controls. 51. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 52. 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. 53. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 54. Storm drain system must be safeguarded at all times during construction. 55. All diesel equipment must be operated with closed engine doors and must be equipped with factory- recommended mufflers. 56. Electrical power must be used to run air compressors and similar power tools. 57. 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. 58. 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 59. 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 new floor area. 8 60. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued, the applicant must pay a one -time fire services fee of $0.14 per gross square -foot of new floor area. 61. 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 cents per gross square -foot of new floor area. 62. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12 -3). 63. 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. 64. Before building permits are issued, the applicant must pay the required School Fees. Miscellaneous 65. The Boeing Company 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. 819, General Plan Amendment (GPA 08 -02), Zone Change (ZC 08 -01), and Off -Site Parking Covenant (MISC 09 -02). 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. 819, General Plan Amendment (GPA 08 -02), Zone Change (ZC 08 -01), and Off -Site Parking Covenant (MISC 09 -02), The Boeing Company, 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, except for such loss or damage arising from the City's sole negligence or willful misconduct. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, consultants and employees. 9 By signing this document, Mona Simpson on behalf of The Boeing Company, certifies that his has read, understood, and agrees to the Project Conditions listed in this document. Mona Simpson The Boeing Company PAPlanning & Building Safety \PROJECTS \800 - 825 \EA - 819 \Staff Report Reso and Ordinance \City Council \Reso 4612 Exhibit F Conditions of Approval.09.01.09.doc 10