Loading...
CC RESOLUTION 4647RESOLUTION NO. 4647 A RESOLUTION APPROVING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 844, GENERAL PLAN AMENDMENT NO. 09 -02, ZONE CHANGE NO. 09 -02, ZONE TEXT AMENDMENT NO. 09 -04, SPECIFIC PLAN NO. 09 -02, AND DEVELOPMENT AGREEMENT NO. 09 -03, TO ALLOW THE CONSTRUCTION OF A SIX - STORY, 152 ROOM, 71,005 SQUARE - FOOT HOTEL AT 199 NORTH CONTINENTAL BOULEVARD. 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 1, 2009, JF El Segundo Owner, LLC, filed an application for an Environmental Assessment (EA No. 844), General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, Development Agreement No. 09 -03, and Administrative Use Permit No. 09 -06 to re- designate and rezone an approximately 1.75 acre property at 199 North Continental Boulevard from Corporate Office (CO) Zone to 199 North Continental Boulevard Specific Plan (NCBSP) to allow construction of a six -story, 71,005 square -foot hotel with 152 rooms; B. The application was 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. An Addendum to the Initial Study /Mitigated Negative Declaration for EA No. 773 (approved by the El Segundo Planning Commission on September 25, 2008) was prepared pursuant to the requirements of CEQA Guidelines § 15164. Pursuant to CEQA, the Addendum need not be circulated for public review (CEQA § 15164(c)) however, an addendum is to be considered by the decision - making body before to making a decision on the project (CEQA § 15164(d)); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for March 18, 2010; -1- F. On March 18, 2010, the Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City staff and public testimony, and representatives of JF EL Segundo Owner, LLC; G. Following the public hearing, the Planning Commission adopted Resolution No. 2672 recommending City Council approval of Environmental Assessment (EA No. 844), General Plan Amendment No. 09 -02, Specific Plan No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, and Development Agreement No. 09 -03; H. On April 6, 2010 the City Council held a public hearing and considered the information provided by City staff, public testimony and the applicant, JF EL Segundo, LLC; On April 6, 2010 the City Council introduced and waived first reading of Ordinance No. 1441 approving General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, and Specific Plan No. 09 -02; and J. 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 April 6, 2010 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 subject property is located at 199 North Continental Boulevard in the northeastern portion of the City of El Segundo; B. The property is comprised of one parcel which is bounded by and fronts on Continental Boulevard to the east; 101 North Continental Boulevard to the south and west; and 201 North Continental Boulevard to the north; C. The surrounding land uses are primarily office related facilities and parking structures in the Corporate Office (CO) Zone to the north, east and west, and light manufacturing uses (Raytheon Campus) in the Light Manufacturing (M -1) Zone to the south; D. The proposed project is for the development and construction of a six - story, 152 room, 71,005 square -foot hotel at 199 North Continental Boulevard; -2- E. The subject site is irregular in shape with 100 feet of street frontage on Continental Boulevard and a total lot area of 1.75 acres; F. The subject site is paved and used currently as parking area for the office tower located on the adjacent 8.83 acre site; G. Vehicular access to the proposed facility would be provided from two driveway entrances; primary access would be from Continental Boulevard and secondary access would be from El Segundo Boulevard. Shared driveway access would be accommodated through a Reciprocal Access Agreement; H. Eighty -nine parking spaces and two loading spaces will be provided on site. Fifty additional parking spaces will be provided off -site at 101 North Continental Boulevard with a parking covenant; The proposed General Plan re- designation and rezoning of the Project Site would change the General Plan land use designation from Corporate Office to the 199 North Continental Boulevard Specific Plan designation and rezone the area from the Corporate Office (CO) Zone to the 199 North Continental Boulevard Specific Plan Zone; The re- zoning and General Plan re- designation would increase the allowed floor area ratio (FAR) of the Project Site for a hotel. The FAR will be increased from a maximum of 0.80 to 0.92. The 12% increase in allowable floor area results in an increase of roughly 9,901 square feet of potential development at the Project Site. The total development that would be permitted with the proposed General Plan re- designation and re- zoning is 71,005 square feet (0.92 FAR). The existing FAR of the Project Site is 0.08. Therefore, the proposed hotel would not exceed the maximum 0.92 FAR allowed in the proposed General Plan re- designation and re- zoning. 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 an Addendum to the previously adopted Initial Study /Mitigated Negative Declaration (IS /MND) for Environmental Assessment No. 773 (Aloft Hotel - EA 773 /CUP 07 -07, formerly 101 Continental Boulevard, now 199 North Continental Boulevard) was prepared pursuant to CEQA Guidelines § 15164. Under CEQA, an Addendum to an adopted Negative Declaration or Mitigated Negative Declaration is needed if minor technical changes or additions to the proposed project occur (CEQA Guidelines §15164). An addendum is appropriate only if these minor technical changes or -3- additions do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines §15164(c)); however, an addendum must be considered by the decision - making body before making a decision on the project (CEQA Guidelines §15164(d)). B. Before the March 18, 2010 Planning Commission meeting, an Addendum to the adopted IS /MND was prepared with changes to the traffic and utility mitigation measures. Four mitigation measures were modified or eliminated based on changes to the way, in which the mitigation measures were to be implemented, or finding that the mitigation measures had already been completed and /or were no longer necessary. Originally, Mitigation Measure TR -1 required that the applicant contribute its fair share towards conversion of the westbound through /right -turn lane to a dedicated right -turn lane along El Segundo Boulevard at Continental Boulevard. However, since the applicant would be fully responsible for implementation of this mitigation measure, a fair share funding mechanism is no longer required. Thus, Mitigation Measure TR -1 was revised to reflect this change. Originally, Mitigation Measure UTL -7 required that the applicant work with the City's franchise hauler, Consolidated Disposal, to coordinate recycling efforts for the development. However, the City's franchise hauler, Consolidated Disposal, does not have a contract to provide commercial hauling services. Therefore, Mitigation Measure UTL - 7 has been revised to reflect this change. Additionally, UTL -1 which required a Sewer Flow Study and UTL -5 which required upgrades to the sewer infrastructure based on the findings of the Sewer Flow Study, have been completed and therefore, eliminated. The Addendum makes minor technical changes and corrections to the Mitigation Monitoring and Reporting Checklist merely adds new information to the Mitigated Negative Declaration and no new significant impacts or increase in impacts are identified. Therefore, pursuant to CEQA Guidelines § 15164(c), recirculation of the document is not required. C. The Addendum to the previously adopted IS /MND demonstrated that the environmental analysis, impacts, and mitigation requirements identified in the 2008 IS /MND for Environmental Assessment No. 773 remain substantially unchanged despite the proposed project revisions, and supports the finding that the proposed project makes minor technical changes or additions and does not exceed the level of impacts identified in the previous IS /MND. The mitigation measures listed in the Mitigated Negative Declaration, with modification to the language in TR -1 and UTL - 7, and the deletion of UTL -1 and UTL -5, are sufficient to reduce all identified environmental impacts to less than significant levels. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the project and 10 need only consider the Addendum before making a decision on the project (CEQA Guidelines § 15164). SECTION 4: General Plan and Specific Plan. The proposed project conforms with the City's General Plan and the 199 North Continental Boulevard Specific Plan as follows: A. The General Plan Land Use Designation of the project site is 199 North Continental Boulevard Specific Plan (NCBSP). This designation is intended for hotels not to exceed 0.92 floor area ratio (FAR), and general office, research and development, restaurants and cafes, medical - dental offices, not to exceed 0.80 floor area ratio (FAR). As conditioned, the proposed project for the hotel use is compatible with the General Plan. B. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Land Use Element. Land Use Element Policy LU4 -1.2 requires that "all commercial facilities shall be built and maintained in accordance with Health and Safety Code requirements and shall meet seismic safety regulations and environmental regulations." The development will be built and maintained in accordance with these requirements and regulations and the requirements and regulations of the 199 North Continental Boulevard Specific Plan. C. The proposed project is consistent with Land Use Element Objective LU4 - 4 to "provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments" in that the project will provide a new hotel immediately adjacent to several large office towers and business uses that will have access to the hotel within walking distance thereby reducing the need to use a vehicle. D. The proposed project is consistent with Land Use Element Policy LU4 -3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed -use developments" in that the project will provide new and improved permanent landscaping both onsite and around the perimeter including the adjacent 8.83 acre site (101 Continental Boulevard) with palm lined, lighted grand entrances at Continental Boulevard and El Segundo Boulevard. E. The proposed project is consistent with Land Use Element Policy LU5 -2.2 that "all outdoor storage shall be properly screened by masonry walls and landscaping." Masonry walls will be utilized for the trash enclosure and equipment area behind the building. F. The proposed project is consistent with Land Use Element Policy LU7 -1.2 in that "no new development shall be allowed unless adequate public -5- facilities are in place or provided for." A new hotel will be built with significant landscaping and hardscape improvements that will be supported by adequate public infrastructure, including any improvements or upgrades needed to serve the project. G. The proposed project is consistent with Circulation Element Objective C1- 1 to "provide a roadway system that accommodates the City's existing and projected land use and circulation needs." A Traffic Study for the project found that the proposed hotel project would generate a net trip increase of 995 daily trips with 47 inbound trips and 32 outbound trips in the morning peak hour, and 51 inbound trips and 34 outbound trips in the evening peak hour. Additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. The Study also found that cumulative future conditions, which would include the hotel project, would create a significant impact at one of the 12 intersections studied: El Segundo Boulevard at Continental Boulevard. This impact will be mitigated to a less that significant level with the conversion through re- striping, of a shared westbound, through /right lane to a dedicated westbound right -turn lane for El Segundo Boulevard at Continental Boulevard. Therefore, the applicant must fund and install the re- striping of the westbound through /right -turn lane to a dedicated right -turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by the Director of Public Works. H. The proposed project is consistent with Circulation Element Policy C1 -1.2 to "pursue implementation of all Circulation Element policies such that all Master Plan roadways are upgraded and maintained at acceptable levels of service." A Traffic Study for the project found that the proposed hotel project would generate a net trip increase of 995 daily trips with 47 inbound trips and 32 outbound trips in the morning peak hour, and 51 inbound trips and 34 outbound trips in the evening peak hour Additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. The Study also found that cumulative future conditions, which would include the hotel project, would create a significant impact at one of the 12 intersections studied: El Segundo Boulevard at Continental Boulevard. This impact will be mitigated to a less that significant level with the conversion through re- striping, of a shared westbound, through /right lane to a dedicated westbound right -turn lane for El Segundo Boulevard at Continental Boulevard. Therefore, the applicant must fund and install the re- striping of the westbound through /right -turn lane to a dedicated right - turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by the Director of Public Works. The proposed project is consistent with Circulation Element Policy C1 -1.5 to "implement roadway and intersection upgrades to full Circulation Element standards when needed to improve traffic operating conditions 0 and to serve development." A Traffic Study for the project found that the proposed hotel project would generate a net trip increase of 995 daily trips with 47 inbound trips and 32 outbound trips in the morning peak hour, and 51 inbound trips and 34 outbound trips in the evening peak hour. Additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. The Study also found that cumulative future conditions, which would include the hotel project, would create a significant impact at one of the 12 intersections studied: El Segundo Boulevard at Continental Boulevard. This impact will be mitigated to a less that significant level with the conversion through re- striping, of a shared westbound, through /right lane to a dedicated westbound right -turn lane for El Segundo Boulevard at Continental Boulevard. Therefore, the applicant must fund and install the re- striping of the westbound through /right -turn lane to a dedicated right -turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by the Director of Public Works. J. The proposed project is consistent with Circulation Element Policy C1- 1.14 to "require a full evaluation of potential traffic impacts associated with proposed new development 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 for the project found that the proposed hotel project would generate a net trip increase of 995 daily trips with 47 inbound trips and 32 outbound trips in the morning peak hour, and 51 inbound trips and 34 outbound trips in the evening peak hour. Additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. The Study also found that cumulative future conditions, which would include the hotel project, would create a significant impact at one of the 12 intersections studied: El Segundo Boulevard at Continental Boulevard. This impact will be mitigated to a less that significant level with the conversion through re- striping, of a shared westbound, through /right lane to a dedicated westbound right -turn lane for El Segundo Boulevard at Continental Boulevard. Therefore, the applicant must fund and install the re- striping of the westbound through /right -turn lane to a dedicated right - turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by the Director of Public Works. K. The proposed project is consistent with Circulation Element Policy C1 -3.2 to "ensure that the development review process incorporates consideration of off - street commercial loading requirements for all new projects." Two off - street commercial loading spaces will be provided -7- consistent with the ESMC requirements. The loading spaces will be screened using masonry walls and landscaping. L. The proposed project is consistent with Circulation Element Policy C2 -1.3 to "encourage new developments in the City to participate in the development of the citywide system of pedestrian walkways and require participation funded by the project developer where appropriate." Full sidewalk and curb and gutter to City Standards are incorporated into the design of this project. M. The proposed project is consistent with Circulation Element Policy C2 -1.4 to "ensure the installation of sidewalks on all future arterial widening or new construction projects, to establish a continuous and convenient link for pedestrians." Full sidewalk and curb and gutter to City standards are incorporated into the design of this project as required by the Department of Public Works. N. The proposed project is consistent with Circulation Element Policy 3 -1.1 to "require all new development to mitigate project - related impacts on the existing and future circulation system such that all Master Plan roadways and intersections are upgraded and maintained at acceptable levels of service through implementation of all applicable Circulation Element policies. Mitigation measures shall be provided by or paid for by the project developer." A Traffic Study for the project found that the proposed hotel project would generate a net trip increase of 995 daily trips with 47 inbound trips and 32 outbound trips in the morning peak hour, and 51 inbound trips and 34 outbound trips in the evening peak hour. Additional trips generated by the project will be mitigated by the payment of a traffic mitigation fee. The Study also found that cumulative future conditions, which would include the hotel project, would create a significant impact at one of the 12 intersections studied: El Segundo Boulevard at Continental Boulevard. This impact will be mitigated to a less that significant level with the conversion through re- striping, of a shared westbound, through /right lane to a dedicated westbound right -turn lane for El Segundo Boulevard at Continental Boulevard. Therefore, the applicant must fund and install the re- striping of the westbound through /right -turn lane to a dedicated right - turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by the Director of Public Works. O. The proposed project is consistent with Circulation Element Policy C3 -1.8 to "require the provision of adequate pedestrian and bicycle access for new development projects through the development review process." Full sidewalk and curb and gutter to City standards are incorporated into the design of this project that will provide adequate pedestrian access. Adequate bicycle access will be available to the site. IRI P. The proposed project is consistent with Circulation Element Policy C3 -2.1 to "ensure the provision of sufficient on -site parking in all new development." The proposed project is required to provide 139 parking spaces and 141 are proposed. SECTION 8: Approvals. A. The City Council adopts the attached 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 Addendum to the Mitigated Negative Declaration and these findings. C. The City Council amends the proposed Land Use Plan ( "Land Use Designations — Commercial Designations" subsection) of the Land Use Element of the General Plan to reflect the addition of the 199 North Continental Boulevard Specific Plan, including a description of the allowed uses and the maximum land use density allowed, to the Commercial Land Use Designations subsection. The corresponding changes as set forth in attached Exhibit "C," which is incorporated into this Resolution by reference. D. 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 Project area which is bounded by and fronts on North Continental Boulevard to the east; 101 North Continental Boulevard to the south and west, and 201 North Continental Boulevard to the north from Corporate Office to 199 North Continental Boulevard Specific Plan. The corresponding changes as set forth in attached Exhibit "D," which is incorporated into this Resolution by reference. E. 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 Project area which is bounded by and fronts on North Continental Boulevard to the east; 101 North Continental Boulevard to the south and west, and 201 North Continental Boulevard to the north from Corporate Office to 199 North Continental Boulevard Specific Plan. The .In corresponding changes to the Land Use Element as set forth in attached Exhibit "E," which is incorporated into this Resolution by reference. F. The City Council amends the General Plan Land Use Map to reflect the change of the Project area which is bounded by and fronts on North Continental Boulevard to the east; 101 North Continental Boulevard to the south and west, and 201 North Continental Boulevard to the north from Corporate Office to 199 North Continental Boulevard Specific Plan. The corresponding changes to the Land Use Map as set forth in attached Exhibit "F," which is incorporated into this Resolution by reference. G. Subject to the conditions listed on the attached Exhibit "G," which are incorporated into this Resolution by reference, the City Council adopts the Addendum to the Initial Study /Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment No. 844, General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, Development Agreement No. 09 -03. SECTION 9: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 10: Limitations, The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's 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 11: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 12: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 13: A copy of this Resolution must be mailed to the JF El Segundo Owner, LLC, and to any other person requesting a copy. -10- SECTION 14: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND/A/DOPTED thj"th day of April 2010. Kelly McDowell, M 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. 4647 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 6th day of April 2010, and the same was so passed and adopted by the following vote: AYES: McDowell, Busch, Brann, Fisher, Jacobson NOES: None ABSENT: None ABSTAIN: None 1 '4 Cindy M-6-4hsen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. _erger, Assistant City A �r �r d -11- CITY COUNCIL RESOLUTION NO. 4647 Exhibit A On September 25, 2008, the City of El Segundo Planning Commission adopted Resolution No. 2645, an Initial Study /Mitigated Negative Declaration (IS /MND) for Environmental Assessment No. 773 1CUP 07 -07 (formerly 101 Continental Boulevard, now 199 North Continental Boulevard). The proposal consisted of the construction of a six -story, 61,104 square -foot hotel on a 1.75 -acre site. The project was approved for a total of 167 rooms at a maximum floor area ratio (FAR) of 0.80. On December 1, 2009, the applicant filed an application for Environmental Assessment No. 844, General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09- 04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03, an application for a new project which modified the original approval. The modifications primarily involved a change in hotel brand, an increase in the size of the hotel by 9,900 square feet to allow for increased room sizes and greater hotel amenities, a reduction in the total number of rooms from 167 to 152 rooms. As a result of the project modifications, an Addendum to the previously adopted IS /MND was prepared, in accordance with the California Environmental Quality Act (CEQA Guidelines § 15164). On March 18, 2010, the Planning Commission adopted Resolution No. 2672 and recommended that the City Council approve Environmental Assessment No. 844, General Plan Amendment No.09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03 with conditions. After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment (EA No. 844), General Plan Amendment No.09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03, 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 199 North Continental Boulevard Specific Plan Zone Change and General Plan Land Use Map Designation Amendment Project as follows: I. FINDINGS REQUIRED BY CEQA. An Addendum has been prepared under the authority of Public Resources Code § 21166 and of 14 Ca. Code Regs. Section 15000 et seq. (the State CEQA Guidelines) at Section 15164(b) which allows a lead agency to prepare an addendum to a previously adopted negative declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. Section 15162 of the State CEQA Guidelines states that no subsequent EIR or negative declaration shall be prepared unless the lead agency determines on the basis of substantial evidence in light of the whole record one or more of the following: "(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase n the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but project proponents decline to adopt the mitigation measure or alternative." FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT. Based on the impact comparison provided in the Addendum for Environmental Assessment No. 844, the revised project as described herein would not result in new significant impacts or a substantial increase in the severity of impacts under CEQA. Thus, in comparison to the analysis provided in the 2008 IS/MND for Environmental Assessment No. 773, the revised project would not: a) result in increased impacts related to degradation of the environment or impacts to biological or cultural resources; b) result in increased cumulative impacts; or c) result in increased substantial adverse effects on human beings, either directly or indirectly. 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 199 North Continental Boulevard Specific Plan Zone Change and General Plan Land Use Map Designation Amendment Project do not identify or contain substantial evidence identifying significant environmental effects of the hotel project with respect to the areas listed below. 1. Biology 2. Agricultural 2 B. Impacts Identified as Less Than Significant in the Initial Study (with no mitigation required). 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 199 North Continental Boulevard Specific Plan Zone Change and General Plan Land Use Map Designation Amendment Project do not identify or contain substantial evidence identifying significant environmental effects of the hotel project with respect to the areas listed below. 1. Geology and Soils. 2. Land Use and Planning. 3. Mineral Resources 4. Population and Housing. 5. Public Services 6. Recreation C. Impacts Identified as Potentially Significant But Which Can Be Reduced to Less Than Significant Levels with Mitigation Measures. The City Council finds that the following environmental effects were identified as Less Than Significant with Mitigation Incorporated in the Mitigated Negative Declaration and Addendum, and implementation of the identified mitigation measures would avoid of lessen the potential environmental effects listed below to a level of significance. 1. Aesthetics. a) Facts /Effects. (1) Construction Impacts. During construction activities views across the project site from surrounding areas would be disrupted. Graded surfaces, construction debris, construction equipment, and truck traffic would be visible. Additionally, soil would be stockpiled and equipment for grading activities would be staged at various locations throughout the site. Construction - related activities would be visible from the surrounding office uses and from motorists traveling along El Segundo Boulevard and Continental Boulevard. Although these visual impacts are temporary in nature, they can be considered significant unless mitigated. With implementation of mitigation measures pertaining to the use of appropriate screening (i.e., temporary fencing with opaque material) at equipment staging areas, construction impacts would be reduced. Mitigation measures involving staging and lighting are also recommended to further minimize potential construction - related visual impacts. The project would be required to submit grading plans for review by the City's Planning and Building Safety Department. All grading and earthwork activities would be conducted in accordance with an approved construction 3 grading plan and grading permit issued by the City's Planning and Building Safety Department, further reducing impacts to a less than significant level. Therefore, with mitigation, impacts from construction - related activities would not substantially degrade the existing visual character or quality of the site and its surroundings. Construction - related impacts would cease on project completion and therefore are considered to be short-term. Short -term impacts would be minimized through implementation of mitigation measures and compliance with the City's requirements. (2) Light or Glare. There are two primary sources of light: light emanating from building interiors that pass through windows and light from exterior sources (i.e., street lighting, parking lot lighting, building illumination, security lighting, and landscape lighting). Depending upon the location of the light source and its proximity to adjacent light sensitive uses, light introduction can be a nuisance, affecting adjacent areas and diminishing the view of the clear night sky. Light spillage is typically defined as unwanted illumination from light fixtures on adjacent properties. Perceived glare is the unwanted and potentially objectionable result from looking directly into a light source of a luminaire. Sensitive uses (i.e., schools and residential uses) could be impacted by the light and glare from the proposed project; however, no sensitive uses are located directly adjacent to the project site. Currently, the project site produces no light and glare as it consists of a surface parking area. Other light sources in the area consist of the Pacific Corporate Towers and parking area to the west, the existing Xerox Tower to the south, and the other commercial /industrial uses to the north and east. In addition, nighttime street lighting is provided on Continental Boulevard and East El Segundo Boulevard. Implementation of the proposed project would further develop the 10.58 -acre project site from a surface parking lot to hotel uses. New light sources would result from the building exterior, interior building lighting, security lighting, signage, and parking lot lighting. The project site and on -site structures would be lit through the evening and early morning hours. Review and approval of the required lighting plan by the City would ensure that spillover lighting would be minimized so as not to create light pollution disturbances to adjacent uses. Compliance with City lighting standards would further minimize potential spillover impacts to surrounding uses. Implementation of the proposed project would not create a source of substantial light or glare. Additionally, the City of El Segundo General Plan EIR includes mitigation measures that require exterior lighting to be designed and located to avoid intrusive effects on sensitive receptors. The mitigation requires low intensity street lighting and other exterior lighting be used throughout new developments and lighting shall be focused and directional. With implementation of the General Plan EIR requirements and the following mitigation measures, 4 light and glare impacts from the proposed project would be less than significant. b) Mitigations: (1) Construction equipment staging areas must use appropriate screening (i.e., 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) All construction - related lighting must include shielding in order to direct lighting down and away from adjacent residential areas and consist of the minimal wattage necessary to provide safety at the construction site. A construction safety lighting plan must be submitted to the City for review concurrent with Grading Permit application. (3) All exterior lighting and advertising (including signage) must be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights -of -way to minimize light spillover onto adjacent areas. (4) Before issuance of the Site Development Permit, the applicant must submit a lighting plan to the City of El Segundo Police Department for review and approval. The plan must specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan must specifically incorporate the following design features: o The project must incorporate project design features to shield light and /or glare from vehicles entering or exiting parking lots and from the north face of the proposed structure by providing barriers so that light from vehicle headlights would not illuminate off -site sensitive uses. o The project must incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project - generated illumination from entering off -site areas and to prevent glare or interference with vehicular traffic, in accordance with the El Segundo Municipal Code. (5) The proposed structure must be designed to maximize the use of textured or other non - reflective exterior surfaces and non - reflective glass. 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 2. Air Quality. a) Facts /Effects. (i) Air Quality Standards Short -Term Construction Activities Future construction of the project site would generate short -term air quality impacts during grading and construction operations. The short - term air quality analysis considers the following temporary impacts from the project: • Clearing, grading, excavating, and using heavy equipment or trucks creating large quantities of fugitive dust, and thus PM,o; • Heavy equipment required for grading and construction generates and emits diesel exhaust emissions; and • The vehicles of commuting construction workers and trucks hauling equipment would generate and emit exhaust emissions. Exhaust emission factors for typical diesel - powered heavy equipment, as well as the number of pieces of equipment utilized, are based on the URBEMIS 2007 program defaults and data provided by the project applicant. Variables factored into estimating the total construction emissions include the level of activity, length of construction period, number of pieces and types of equipment in use, site characteristics, weather conditions, number of construction personnel, and the amount of materials to be transported on -site or off -site. A listing of mobile and stationary construction equipment is included in the air quality modeling; refer to Appendix A, Air Quality Analysis. Fugitive Dust Emissions Fugitive dust (PM,o and PM2.5) from grading and construction is expected to be short -term and would cease following completion of the proposed project improvements. Most of this material is composed of inert silicates, which are less harmful to health than the complex organic particulates released from combustion sources. These particles are either directly emitted or are formed in the atmosphere from the combustion of gases such as NOx and SOx combining with ammonia. The greatest amount of fugitive dust generated is expected to occur during site excavation and grading. Dust generated by such activities usually becomes more of a local nuisance than a serious health problem. Of particular concern is the amount of PM,o generated as a part of fugitive dust emissions. During construction, the property owner, developer, and contractors are required to comply with regional rules, which assist in reducing short- term construction - related air pollutant emissions. Rule 403 requires that fugitive dust be controlled with the best available control measures in order to reduce dust so that it does not remain visible in the 1.1 atmosphere beyond the property line of the proposed project. Rule 403 also requires that all active operations must utilize the applicable best available control measures included in Table 1 of Rule 403. Table 1 of Rule 403 is intended to minimize fugitive dust emissions from each fugitive dust source type within the active operation. The applicable control measures target various construction operations such as backfilling, clearing and grubbing, crushing, cut and fill, demolition, earth - moving activities, bulk material import and export, construction staging, stockpiles /bulk material handling, trenching, and loading. The applicable measures from Table 1 of Rule 403 suggest methods such as covering stockpiles with tarps, and the application of water to stabilize materials. The URBEMIS 2007 computer model calculates PM10 and PM2.5 fugitive dust as part of the site grading emissions. Maximum particulate matter emissions would occur during the initial month of construction, when grading activities would occur. The maximum mitigated particulate matter concentration would be 15.55 pounds per day (Ibs /day) for PM10 and 7.16 Ibs /day for PM2.5, which are below SCAQMD thresholds of 150 Ibs /day and 55 Ibs /day, respectively. Construction Equipment and Worker Vehicle Exhaust Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the project site, emissions produced on -site as the equipment is used, and emissions from trucks transporting materials to /from the site. Construction equipment and worker vehicle exhaust emissions would be below the established SCAQMD thresholds. Therefore, air quality impacts from equipment and vehicle exhaust emission would be less than significant. ROG Emissions In addition to gaseous and particulate emissions, the application of asphalt and surface coatings creates ROG emissions, which are 03 precursors. In accordance with the methodology prescribed by the SCAQMD, the ROG emissions associated with paving have been quantified with the URBEMIS 2007 model. In addition, based upon the size of the building, architectural coatings were also quantified within the URBEMIS 2007 model. The greatest ROG emissions would be generated during the application of architectural coatings on the building. As required by law, all architectural coatings for the proposed project structures would comply with SCAQMD Regulation XI, Rule 1113 — Architectural Coating.' Rule 1113 provides specifications on painting practices as well as regulates the ROG content of paint. In addition to Rule 1113, the SCAQMD provides additional mitigation measures to reduce ROG emissions. Mitigation includes the use of high - pressure -low- volume South Coast Air Quality Management District, hftp://www.aqmd.gov/rules/reg/regll—tofc.htmi, November 10, 2004. 7 (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent, using pre - painted construction materials, and constructing buildings with materials that do not require painting. Based on the modeling, the proposed project would not result in an exceedance of ROG emissions, and therefore would be considered less than significant. Asbestos Pursuant to guidance issued by the Governor's Office of Planning and Research, State Clearinghouse, lead agencies are encouraged to analyze potential impacts related to naturally occurring asbestos (NOA). Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies, and was identified as a toxic air contaminant by the CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. Serpentinite and /or ultramafic rock are known to be present in 44 of California's 58 counties. These rocks are particularly abundant in the counties of the Sierra Nevada foothills, the Klamath Mountains, and Coast Ranges. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report (dated August 2000), the proposed project is not located in an area where NOA is likely to be present. Therefore, impacts would be considered less than significant. Long -Term (Operational) Emissions Long -term air quality impacts would consist of mobile source emissions generated from project - related traffic and from stationary source emissions. For purposes of this air quality emissions analysis, operation - related air quality impacts were analyzed for the project buildout conditions. E., Mobile Source Emissions Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Depending upon the pollutant being discussed, the potential air quality impact may be of either regional or local concern. For example, ROGs, NOx, SO2, PM,o, and PM2.5 are all pollutants of regional concern. However, CO tends to be a localized pollutant, dispersing rapidly at the source. The Traffic Impact Analysis (TIA) was prepared by Kimley -Horn and Associates, Inc. (dated April 2008). Project - generated vehicle emissions have been estimated using the URBEMIS 2007 computer model. This model predicts ROGs, CO, NOx, SO2, PM,o, and PM2.5 emissions from motor vehicle traffic associated with new or modified land uses. Project trip generation rates were based on the TIA. Mobile emissions generated by vehicle traffic associated with the proposed project would not exceed the established SCAQMD thresholds, and would result in a less than significant impact. Mitigation measures 1 through 5 will mitigate the above impacts to a less than significant level. fii) Objectionable Odors According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors. Construction activity associated with the project may generate detectable odors from heavy -duty equipment exhaust. Construction - related odors would be short -term in nature and cease upon project completion. The other potential source of odors would be new trash receptacles for the proposed project. However, all new trash receptacles would be required to have lids, which would limit odors emanating from the receptacles; refer to Mitigation Measure AQ -6. Any impacts to existing adjacent land uses would be short -term, as previously noted, and are considered less than significant given the project size. Mitigation Measure 6 will mitigate the above impacts to a less than significant level. b) Mitigations: (1) During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions must be controlled by regular water or other dust preventive measures using the following procedures, as specified in the SCAQMD Rule 403. (a) Limit on -site vehicle speed to 15 miles per hour. 9 (b) Water material excavated or graded sufficiently to prevent excessive amounts of dust. Water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. (c) Water or securely cover material transported on- site or off -site sufficiently to prevent generating excessive amounts of dust. (d) Minimize area disturbed by clearing, grading, earth moving, or excavation operations so as to prevent generating excessive amounts of dust. (e) Indicate these control techniques in project specifications. Compliance with the measure will be subject to periodic site inspections by the City. (f) Prevent visible dust from the project from emanating beyond the property line, to the maximum extent feasible. (g) Apply nontoxic chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas inactive for ten days or more). (h) Trucks transporting soil, sand, cut or fill materials, and /or construction debris to or from the site must be tarped from the point of origin. (2) Project grading plans must show the duration of construction. Ozone precursor emissions from construction equipment vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure must be subject to periodic inspections of construction equipment vehicles by the City and included in construction bid documents. (3) All trucks that are to haul excavated or graded material on- site must comply with California Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. This provision must be provided in construction bid documents. (4) The following measures must be implemented to reduce ROG emissions resulting from application of architectural coatings: 10 (a) Contractors must use high - pressure -low- volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent. (b) Use required coatings and solvents with a VOC content lower than required under Rule 1113. (c) Construct/build with materials that do not require painting. (d) Use pre - painted construction materials. (5) Construction hours, allowable work days, and phone numbers of the job superintendent must be clearly posted at all construction entrances to allow for surrounding property owners and residents to contact the job superintendent. If the job superintendent receives a complaint, appropriate corrective actions must be implemented immediately and a report taken to the reporting party. (6) Trash receptacles within the project site must have lids that enable convenient collection and loading and must be emptied on a regular basis, in compliance with City of El Segundo regulations for the collection of solid waste. 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. 3. Cultural Resources. a) Facts /Effects. (1) Archeological Resources. According to the City of El Segundo General Plan EIR, due to the City's proximity to historic natural water courses and freshwater springs, there is potential for significant archeological artifacts to exist. As the project site has been previously graded and is currently paved, the potential to discover archaeological resources is low. However, the potential exists for unknown archaeological resources to be discovered during earth movement. Therefore, implementation of mitigation measures would reduce potential impacts to unknown archaeological resources to less than significant. (2) Paleontological Resources. According to the City of El Segundo General Plan OR, the potential exists for paleontological resources to be present on -site due to the significant fossiliferous formation underlying the City. With implementation of mitigation, potential impacts to paleontological resources would be reduced to less than significant. 11 (3) Human Remains. The project site is developed with surface parking. Due to the level of past disturbance, it is not anticipated that human remains exist within the project site. In the event human remains are encountered during earth removal or disturbance activities, all activities would cease immediately and a qualified archaeologist and Native American monitor would be immediately contacted. The Coroner would be contacted pursuant to Sections 5097.98 and. 5097.99 of the Public Resources Code relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission would be contacted pursuant to Public Resources Code Section 5097.98. Thus, a less than significant impact would occur in this regard. b) Mitigations: (1) 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 archeologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel 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 satisfied the requirements of §21083.2 of CEQA. The archaeologist must complete a report of excavations and findings, and must submit the report for peer review by three County - certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the County must submit the report to the San Bernardino Archeological Information Center and keep the report on file at the County of San Bernardino. After the find has been appropriately mitigated, work in the area may resume. (2) A certified paleontologist must be present during initial grading and all soil disturbances on the project site in order to monitor any significant paleontological findings. In the event that 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 satisfied the requirements of §21083.2 of CEQA. The paleontologist must complete a report of excavations and findings, and must submit the report for peer review by three County - certified archaeologists or paleontologists, 12 as appropriate. Upon approval of the report, the County must submit the report to the San Bernardino Archeological Information Center and keep the report on file at the County of San Bernardino. After the find has been appropriately mitigated, work in the area may resume. (3) If human remains are unearthed, California Health and Safety Code Section 7050.5 requires that no further disturbance must occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 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 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. A wide variety of products, chemical and purified chemical compounds, and elements that are considered hazardous or toxic are routinely used in households, commercial businesses, and industrial operations and processes. These include cleaning and pool - related chlorine products, chemical fertilizers, herbicides and pesticides, stored fuels and waste oil, and chemical solvents and lubricants. The project proposes to construct and operate a hotel. This land use may include the use and disposal of typical cleaning products along with limited use of pesticide and herbicides for landscape maintenance and pool - related products. Trucks accessing the businesses on -site would contain oil and gasoline to power their engines, which could have the potential to result in minor releases of such substances through drips or leaks from truck loading areas. Major hazardous materials are not typically associated with the proposed uses and would not create unusually high quantities of hazardous waste. b) Mitigations: (1) The applicant and construction contractor must comply with existing hazardous materials regulations, which are codified in Titles 8, 22, and 26 of the California Code of Regulations, and their enabling legislations set forth in Chapter 6.95 of the California Health and Safety Code. In addition, the applicant and 13 construction contractor must comply with applicable federal, state, and local laws and regulations pertaining to the transport, use, and disposal of hazardous waste, including but not limited to, Title 49 of the Code of Federal Regulations and as implemented by Title 13 of the CCR. (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 /Short -Term: Short -term water quality impacts could occur during the construction phase of the project. As the site is currently developed with surface parking, the existing on -site uses would be removed in preparation of grading and construction for the proposed project. This could expose loose soil to potential wind and water erosion. If not controlled, the transport of these materials to local waterways would temporarily increase suspended sediment concentrations and release pollutants attached to sediment particles into local waterways. Since the project site is greater than one acre in size, coverage under the Construction Activities General Permit would be required. This NPDES Permit requires the preparation of a SW PPP before construction of the proposed project. The SW PPP would identify sources of sediments and pollutants that would affect storm water quality, designate use of appropriate BMPs at the project site, and implement storm water pollution prevention measures that would reduce water pollution associated with construction activities. There are many BMPs available for achieving the best possible water quality. Common BMPs include structural controls, as well as non - structural controls. Site - specific BMPs would not be established until the proposed project is reviewed by the City of El Segundo Public Works Department. Increased surface water runoff and storm drainage discharge associated with construction activities would be considered a less than significant impact with implementation of the required mitigation measures. (2) Operational Impacts /Long -Term: Anticipated pollutants associated with commercial /industrial developments include trash /debris and oil /grease. Potential pollutants include heavy metals, nutrients, pesticides, organic compounds (solvents), sediments, and oxygen demanding substances. Anticipated pollutants from parking areas include heavy metals, organic compounds (petroleum hydrocarbons), trash /debris and oil /grease. Potential pollutants from parking areas include nutrients, pesticides, sediments, and oxygen demanding 14 substances. Anticipated pollutants from the proposed cafe and bar area include bacteria/viruses, trash /debris, oxygen demanding substances, and oil /grease. However, due to the limited amount of landscaping and the use of efficient irrigation methods, potential pollutants associated with landscaped areas (pesticides, nutrients, sediments, and oxygen demanding substances) are not considered to be of significant concern. In addition, due to the proposed use of the site, solvents are not anticipated to be present in storm water runoff from the site. Several of the pollutants anticipated from the project site are also listed as impairments to the project receiving waters on the 303(d) List. Currently, impervious surface covers approximately 100 percent of the site. Implementation of the proposed project would result in impervious surfaces on the project site to accommodate the hotel, parking areas, paths, and other hardscape features. The proposed project would include landscaping throughout the site; however, the amount of landscaping would be considered minimal. Thus, there would be a minor decrease in impervious surface area. A WQMP would be required to be prepared before the City issues grading permits. The WQMP would identify measures so the project would meet, at minimum, the measures specified in the NPDES Permit, SWPPP, the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and the locations(s) of all structural BMPs. The WQMP would identify pollutant sources associated with the addition of business operations that may affect the quality of discharges of stormwater from the site. Compliance with the aforementioned standards and preparation and implementation of a WQMP would reduce potential impacts to a less than significant impact in this regard. b) Mitigation (1) Before the City issues grading permits, the applicant must prepare, obtain approval from the City's Public Works Department and the Planning and Building Safety Department, and implement a Water Quality Management Plan. 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. 15 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, five phases of basic types of activities would be expected to occur and generate noise over the duration of the construction phase of the project. The activities would include demolition, mass grading, fine grading, trenching, paving, and building or the physical construction and finishing of the proposed hotel. Currently, land uses immediately surrounding the project site include general office uses, light manufacturing, hotel, and parking uses. Noise - sensitive receptors such as residential uses are located further away (roughly 1/2 mile) and west of the site across Sepulveda Boulevard. Hotel uses are located within 1/4 mile of the project site, however none are directly adjacent to 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 measures 1 through 3 below 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 measures 1 through 3 below would be implemented to ensure that the new HVAC equipment for the Project would be equipped with shielding design measures. 16 (2) 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 measures 1 through 3 below are included. b) Mitigation: (1) Before the City issues grading permits, the construction contractor must demonstrate, to the Planning and Building Safety Director the following: (a) Construction contracts must specify that all construction equipment, fixed or mobile, be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. (b) Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, must be used where feasible. (c) During construction, stationary construction equipment must be placed such that emitted noise is directed away from sensitive noise receptors. (d) All construction entrances must clearly post construction hours, allowable workdays, and the phone number of the job superintendent. This will allow surrounding owners to contact the job superintendent with concerns. If the developer receives a noise - related complaint, appropriate corrective actions must be implemented and a report taken indicating the action with a copy of the report provided to the reporting party upon request. 17 (2) Per the El Segundo Municipal Code, construction cannot occur between the hours of 6:00 PM and 7:00 AM Monday through Saturday or at any time on Sunday or a Federal holiday. (3) If pile driving occurs within 250 feet of commercial receptors, alternative construction methods such as pre - drilling, drilled piles, Giken silent piling, pile cushioning, or any non - impact drivers must be implemented to significantly reduce vibration levels generated by construction activities. 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. 7. Transportation/Traff ic (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 twelve study intersections were selected for analysis in order to determine potential project - related impacts: I. Sepulveda Boulevard /Imperial Highway II. Sepulveda Boulevard /Maple Avenue III. Sepulveda Boulevard /Mariposa Avenue IV. Sepulveda Boulevard /Grand Avenue V. Sepulveda Boulevard/El Segundo Boulevard VI. Sepulveda Boulevard /Hughes Way VII. Sepulveda Boulevard /Rosecrans Avenue VIII. El Segundo Boulevard /Continental Boulevard IX. El Segundo Boulevard /Nash Street X. El Segundo Boulevard /Douglas Street XI. El Segundo Boulevard /Aviation Boulevard XII. Continental Boulevard /Grand Avenue 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 18 conditions. Study intersections under Caltrans jurisdiction are also analyzed per Caltrans requirements using the Highway Capacity Manual (HCM) methodology. Sepulveda Boulevard is a Caltrans facility; therefore all intersections along Sepulveda Boulevard were analyzed using the HCM methodology. The City's Level of Service standard for intersection operation is Level of Service "D" as established in the 2004 El Segundo General Plan Circulation Element. A project impact would be considered to be significant if it either causes an intersection operating at an acceptable Level of Service to deteriorate to an unacceptable Level of Service, or if already operating at an unacceptable Level of Service, adds 0.02 or more to the peak hour ICU. Using the identified methodology, along with the associated ambient growth rates, and the 10 percent reduction for non - vehicle travel (walking and transit) to the surrounding businesses the Future With Project Conditions Peak Hour Intersection Operation indicates that study intersections would operate at acceptable and unacceptable levels of service in the Opening Year Plus Project Conditions. In particular, the intersection of El Segundo Boulevard at Continental Boulevard would operate at Level of Service "F" and therefore, mitigation measures would be required. (2) Parking: Pursuant to the El Segundo Municipal Code, a hotel type land use is required to provide one space for each of the first 100 rooms; 3/4 space for each of the next 100 rooms; and 1/2 space for each room above 200. The proposed hotel, which proposes 152 rooms, would require 139 parking spaces. The site plan provides a total of 89 parking spaces, including 6 handicap accessible spaces and 1 van accessible space. To account for the remaining 50 spaces, the hotel would enter into a reciprocal parking agreement with the adjacent Northrup Tower. Therefore, with approval of the reciprocal parking agreement, the proposed hotel would provide adequate parking to meet the parking demand. Less than significant impact would occur. (b) Mitigation: (1) El Segundo Boulevard at Continental Boulevard: The project applicant must fund and install the re- striping of the westbound through /right land to a dedicated right -turn lane and must fund the manufacturing and installation of the associated signage, subject to approval by The Director of Public Works. The City reserves the right at City's expense, as determined by the Director of Public Works, to remove the dedicated right -turn lane in the future if it is unnecessary, as reasonably determined by the Director of Public Works, or if a similar improvement can be substituted. (2) Before the City issues grading permits, a reciprocal agreement must be entered into between the Northrop Tower and the proposed hotel to allow for the hotel's use of 50 parking spaces. 19 The reciprocal agreement must be provided to the City's Planning and Building Safety Department. (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. Utilities and Service Systems. a) Facts /Effects. (1) New Wastewater Facilities. Wastewater is collected and treated by the Los Angeles County Sanitation District. The wastewater from the City of El Segundo is treated at the Joint Water Pollution Control Plan. The proposed project would impact wastewater facilities in three ways: local collection capacity, trunk line delivery capacity, and treatment capacity. According to the El Segundo General Plan EIR, implementation of the General Plan was anticipated to generate approximately 4.8 million gallons per day of wastewater beyond the 1990 land use conditions. According to the El Segundo General Plan EIR, general commercial uses generate wastewater at a rate of 4,356 gallons /acre /day. As the proposed project consists of 10.58 acres, the project would generate approximately 46,087 gallons of wastewater a day. This represents approximately 0.37 percent of the total anticipated increase in wastewater under the General Plan buildout. Wastewater from the City of El Segundo is conveyed thought the City's system of underground pipelines and is pumped to treatment plants. The project site would be served by the 21 -inch underground pipeline within Continental Boulevard and a 15 -inch pipeline within El Segundo Boulevard. The wastewater from the City, east of Sepulveda Boulevard, including the project site, flows to treatment plants operated by the Sanitation District of Los Angeles County. Specifically, the project site is served by the Los Angeles County Sanitation District's Joint Water Pollution Control Plant ( JWPCD). The JWPCD has a design capacity of 385 million gallons per day (mpg), and currently has an average flow of 323 mgd. The project would produce 20,875 gallons /room /day.2 A Sewer Capacity Study — El Segundo Boulevard (15 -inch) Sewer System, was prepared by RBF Consulting, dated July 21, 2008, to determine the capacity of the 15 -inch sewage line within El Segundo Boulevard. The pipeline was monitored for 6 days, July 1, 2008 to July 7, 2008. The monitoring device recorded velocity (feet per second), depth, and flow on five minute intervals. Generation rate for hotel is 125 gallons/room/day. The project proposes 167 rooms. 20 Capacity was calculated based on Manning's equation and the following parameters: • Manning's 'n' value = 0.013 • Maximum depth /diameter (d /D) for 15 -inch = 0.70 (for an existing sewer) • Peak (existing flow) =1.577 cfs • Slope = 0.0034 ft/ft (based on as -built drawings) Based on the as -built drawings, it was assumed that the pipeline was designed with slopes of 0.00345 ft/ft (upstream) and 0.00337 ft/ft (downstream). Therefore, an average of 0.0034 was utilized for analysis. The calculation concluded that the 15 -inch El Segundo Boulevard pipeline has 1.573 cfs (705 gpm) of available capacity. The Sewer Capacity Study also included a calculation of introduced wastewater flow. According to the study, the project would generate a peak flow of 0.087 cfs. This amount is substantially less than the available capacity in the pipeline. Therefore, the addition of the project related wastewater would not have a significant effect on the capacity of the pipeline. Although capacity is adequate, mitigation measures would be required to ensure appropriate permits are obtained prior to construction and adequate infrastructure is in place prior to project operation. Implementation of mitigation measures are required to reduce impacts to less than significant. (2) Solid Waste. Proposed demolition and construction activities would generate construction debris from development of the project site. Post development operations resulting from the hotel, cafe, and bar area uses would further increase the volume of solid waste generated from the project site over existing conditions. According to the General Plan EIR, commercial development generates approximately 218 pounds per acre per day. Using this generation approximation the project would generate approximately 9,701.86 pounds of solid waste per day (ppd). Waste generation includes all materials discarded, whether or not they are later recycled or disposed in a landfill. The increase in solid waste generation would increase the demand to provide disposal service over existing conditions, and would therefore impact the capacity of landfills. Further, the increased solid waste generation would incrementally shorten the lifespan of the landfills and may impact the capacity of the Puente Hills and Sunshine Canyon Landfills. Participation in local recycling programs during construction and operation, and implementation of the recommended mitigation measures provided in the El Segundo General Plan EIR, would 21 ensure that that solid waste impacts remain at or below existing levels. b) Mitigation: (1) Before the City issues building permits, the project site must be annexed into the Los Angeles County Sanitation District No. 5. (2) Before the City issues building permits, the project applicant must obtain a sewer connection permit from the Los Angeles County Sanitation District to obtain sanitary sewer service. Prior to obtaining a connection permit, the applicant must also pay a sewer connection fee as determined by the County Sanitation District of Los Angeles County. (3) Before the City issues building permits, the project applicant must provide additional local sewer infrastructure as necessary to connect the project site to existing sewer infrastructure. This provision must be coordinated with the project applicant and may be the partial responsibility of the applicant, as determined by the City. (4) The project applicant must comply with Title 12 of the ESMC regarding Sewer Facilities. (5) Before the City issues building permits, the project applicant must submit the Final Working Drawings to the City's Planning and Building Safety Department and the Public Works Department for review and approval. (7) Where feasible, the applicant must install refuse compacting equipment to substantially reduce the number of refuse hauling trips and allow for more effective and sanitary disposal. (8) The applicant must work with a commercial hauler, incensed to operate in the City of El Segundo, to coordinate recycling efforts for the entire development. (9) The applicant's contractor must reduce construction - generated waste according to state law by a minimum of 50 percent. The applicant or contractor must submit a construction waste management plan explaining the practices that would be used to achieve this level of reduction. This plan must be reviewed and accepted by the City's Solid Waste Management Coordinator before the City issues grading permits. c) Finding: (1) Changes or alterations have been required in or incorporated into the project and the project has been conditioned to avoid or 22 substantially lessen the potential environmental effect as identified in the MND. D. Insignificant Cumulative Impacts. The City Council finds that the Addendum to the Mitigated Negative Declaration and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the 199 North Continental Boulevard Specific Plan Zone Change and General Plan Land Use Map Designation Amendment Project with respect to the areas listed below: 1. Aesthetics. 2. Agricultural Resources. 3. Air Quality. 4. Biological Resources. 5. Cultural Resources. 6. Geology and Soils. 7. Hazards and Hazardous Materials. 8. Hydrology and Water Quality. 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 Addendum to the Mitigated Negative Declaration, 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 \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 844\April 6 2010 City Council Meeting \EA -844 CEQA Resolution findings Exh A.doc 23 m n 00 �o 0 0 0 m x cr F* j N D m D D cmn�y. i D m (n 4!� cmn (n CI -i - 3.�vcvoo° 'O Q -Dc�CD y• o (p cD yN yC 7 3 C O 3 0 C N fD p n? cD wC�C • O j ;CD �(pp N O 0 .S•. 7 gj O ((pp CN_ SN �'O °'f7 FdO pp 7 ?n O ° ° N_O O -O 7 fD a fD D y 0 � C 0 0 (7p y S fc 0 S (D cc � C°)' w m w t° O O o N Qo Fr ?' n °v w X 0 7 * N0 7 cD to (� 3 p` N 1"63CD 3 v ? � nm � N" o`` y w c ,`°°,c2 3 U = 3,n ° 3 0- w Dsv 7 0 0* � CD chi, 3 co: w c �, �w o a o o o w o N .a a= � ° a_ °= :E �� -.C. < w w 3� a m o y m� �mn;° =0 M-2 �Ny� ?vcnva�o mcc > > o� � w w Q �,.ww-* c CD Q avmw �co CD m w <' �� o c Q3 ° c c�cc)m w n w o y � o° 0 3 � 3 0cc� m a w CL cn o �.w �� 045—, c.M ° ° c �3 f•w Z' O° °°—' N m y > 35 o 0 a Z O� (D ? N N .-• .. n w 0 °: 7 C- S N m W< a o n f m° ° as ��� m a 2133 w e C3 U) mw°.°:y� co3o?"c�i (a to c �a6ca mm.mvc cwn f ymo2 -� my °m° CL sw�c�'im _s° glum° oy? ��oCD von -� �3 v',ccocy �oopi0= " ` � � m ° < o a °m =co ap c ° vow ° m � m m :3 p N u fSD O� 7 N �, S > > cD ° .° ° -w° j. C. j• co w pi N W ct '0 CCD Pi me mm�'`°w m3aoSD (a�pppsm<•w N. a3 (°3 mo gv cD cp O O O C M CD -0 CD cD c :3 N y c° cD .•. (D � 7 cD .yr w cwn � � N Q'O CD -� c ° S ° �icoo m m o a.a o R o m ?3c_c m ; mm ao N CO 3 < c v co cn U) w c w cn 0 CD CD wm cm -V > N > y0 CD CA, w cn y'w 9 cn N'w > > > 7 = r r cn � CDa ° o= c wTwvm - a= � c mc`p(n 0 ca' cccc cp' � � 3 0 w . 3 m x ° w ' w m �o a a cn n 5c cw— U) 0 � w ° � cvn CD � � m 2.0 m 2.° 7 m 2.o c -wm m °°9 • o � M w wo o v ww m CD a m 'n w a co w c' fD w° co gcy.�Sc w a co ca _ w°.� CL °w°.�° a 'aO '�° Mao 9 U ' i a a 7 a C O 3 �p a Z C) ta > .« 0 < Z go tv Z ' A .0., "i O 0 7 _ � Z n NZ Sv 0� a w0 �M O � 7 C) 1� \ / O = 'm d r cn N y m a Z O W a D D D . • �• d • � • F_ y • N • ° o� :E m � CD w%� • � v C awm�<35 °300 oc n m 3 D o o X> y a° ? ? cr m CD w > v CD ° ICD wc� moa_v ox am5 o osz a � < mo mm' wmm x3m� CD c c o 9 3 ws� w 3 c v m� w m r<m o A w a <CD a m C j - CD m -0amco o c= o w< < o CD o o cCL S o m , w � w cy 37 CD N° 3 ° O • CD 'O . ' & a rp Q (7) ? < O E)- CD CD 0 CD w C1 m w C =r � G _C cn CD o- =r 0 Ca Oz E; cc �<n a 3 7 Z' ° `< � Et n 3 cD 3 C A � C D O CD CD 7 < i CD w = CD w CD O p -0 O < w CD n n m m ID a 1 a < c :g fD 5a w m sm ' o o a cn<? w � Q c d in vc3- 5' 2 3�oi ow �?w °3 �w µw C(D v ° o 033. M m m m o >> n� � g 3 a m w o m 5 m e ° m m ��- cn o y � v w��ca w.w 3 C CD y o- 3 fD f(A Co m C: a. m a 3 m Q° C. <o w Cod 0v_.5tv a� v_, � su X� =5 f° 10 D) m m CL y o �D m o— a 7 LL o o w C 3 0 p: CD o V CD� O CL] m w Q: w 'a C o n m i0 Q�w y ".8 o c= m w m 3� �° m a CDC m� C. ' 0 _w ac f,w m a �3 ay ID cr2cp <cm CA o CD o fp O y -0 ID- �2 3 0 m m o m w � 3 3o r'w w7 � < c m Qo cwF•�c7viciN�� p'D' Boa mm o& m� 3�' ao <m �3�y.3c3o.� <� aw w,°w.a �0 CD3 co a � °o-mw 7 w � m w' co a s � `<w n C° °: O O w, < y °' < ?.I! 7 m°�,3 icy000 o� fD� a> >> ° > >ww O um, ? 3 7 O Co C) N (C] O CO < N C-) v n w 3,cw, -0y CA a ro.o ��cc � 3 0 o. 0 ] <w- m ° c > w v v v c c n G) � o j W � cn G) cn CD ca c w c cc O 3 �.w v 0t° :3 �aC o su a C co a n U) m 0 w :3 o m 2.o CD ?. O �• 1 O CO CD :3 U) (n w am CL CD v cO cv 0. CD G.:3 �• C: :3 o 0 CD .'. 7 O C1 ° O cc n C D D D C r. p 0 -p (v �, y o CS o -� 0 n m m S CD -0 CD m O C a m m O y °p �. �p� gip' S � Op (n ? y �3p 3 O w�= • • • • y CD y y' Co N O C m m � cr — n O A N' ,n. y= p y n n� C M. O j 0- C) N a N m R N & m. O 7 CO a C < O' m" 'w"' 5' S (D M 0 C Cv n O C fD � Ci y O O= 03-0 mi O y m C �y O • C7 m ° O w en N' m O y 7 0 * y N E o 0 7 N' O� y .yi N y .�. H O° N O O 7 m O- m m w ,O -..O. Cl) y (p w 00 °–' ono �° 3 m, F ° w 33 w 5 °O –O–CD ° a° �o as c 5� ov 3 �_ ° N C�,wO .Cy.D. �-�; y ;:N A' i 7 y °' f �N y C' Nom•- w m o s3 m u7iv m -«m v°' o N m° ?.m w_m o m_�_ c, a 3 w o c 3p� °�'cc�,v° �'�a =m<•w cod > >a. °�c3°�. °' S °c 3ai a: :3 —3 �ip at � m m wv 3 o SU =w0 ao �w 0 s m w �.� CA � 3 go a 0 D) �000 < <° co navMcpo°.amo,'° 3 �� sch �N < SD O y CD fO� ?. m° o m 3 °_' w '� fD o, o< �, n_ o n O °' S ro_'• v S9 N m o m ++ � N c N 5� W_ o W m CO Cp � m 7 3. (D 7 m . 7 C7 CD CD C y y a m en y a m m O m w m -° w a 7 N Ci (1 7 S O 7 O� Sn n 3 SN Sy O-Vl 0 < W N to •�' CD o w� w 3 m =r o CD a� cn3 m o o Q m y w m° c o Q1v CD �< 0 CD ¢yj °- ° 3° ,°� y i' (O r. ° v �+- y a N 'y" ' 3 N f K O. 3 0 C.m ° m= o =o c oc w o m c M. ��' y E Er w me mo`°' om �v5 m m3 <°'y'ma = ° � mi D� Qy m i � w o wpm o c coven Q� m < ° o M N 3. N< n °m N N S C .O. 0 a x'm C m N a °_' C p1 C w m m CL m Q O OM ~ p N uwi 7 O y :3 CD W ?: CD 0 n U) fmi/ m m 0— m y m < CL m y M f/1 (/Fl c O m y i C Co 7 m< CD 7 O 7 O !� .47 W m 7 `� �. S N m y S W O O S w Q ��p y y O 7 f0 .O. .wi J 0 (1) (D mO.. ClC y y Om7 m m aN07m C _< U) y y C 0 m y m 7 0 m v o � c 0 0 of _� co v', G) N y G7 G) cw � ca 9. 0 7 O ta O CO Co Cv N 7 a a a v v U)u U)U9 cnw �? m u n RL `Z N 7 CD 2 CD O. O m 2. O CO m m v M Q w CD C =cn M =cn �'am vaam v am m am m 3 5� �� �c a CD CL CD FL CL m CL » j O CL Ai x 0 0 D N�N C r- p O fV 1 W N j a O y o W -ice U) w O-{ 7 5F 3 2acnw 9:U) o-CD -CO=-J-0- 5 o: C- o o� sc w 0 U w D ��w3 7 a cc3_mL -owm C' CD cnnccooa�D 3cfDo °o °c ?mcn°oCD ��� 'CD �o?ma ?. ) m O N a?:� �?:Nav x y -W CD ioao 0 w w a°�' w`7� m 2 �� m o c o°�v' ° y �'�_ ��w5 °- '°co'oC)000v_ � NC NCD n�.c' � W�� m?tuCD,�o '�w�a�vcD,aa8. Soy =30= uc'ci mZ '$ro , woc me oo0cBc v,° ?j�N a* N v'�am waom ",�'- X003 -cD3< 0.°'� 3 °> >oQwwcw waon cw-0 CD O u'N30�oocnw.ai�w° -'N °> 3N c cD �� a Wes" p, �; f nfD y o n 3 o N 0 a N m aoa3cc ?;0 wy c m N o �if S 0 3 .�vN, C of w.50 ° � w °- c=n M 0 o � m� w 0 °- cu v, c w -•o N o N o aoc C1 y >> a - n0 TO cD3c 5°' N° � mo''a 03cn icwoyo 93 0 wa o o d �w w,�, 'cD3C)Dmu�iw3yicmN m wm mac°oc° N�� caco� OE ' m''c a �o ZA) w y 0 w e �fpD v _ w 5. ° N m e ci°0 -'-' ° a 7 W, p7 7 n ci C O y w ' O O 3 O CD C O N C 7 EP 3 M 0 o m D w 3 w $ v CD a (n (0 w � n w ¢' i co � 0 a 3 w o a 3 ,Z?7 Cr 0'Sw p .0 (ll �CD =ADD a p- ° o cn o m - 0 , �p�p 0 cw 1 pa �D Er v � 3 7 N N cD Nay n F dap � m ° �D O O. o N C N 'O �• y Q �p tUj O W M -V 'O C CD N° .. O- 7 0 (D C (D C m C w N 0 O" ,N., ? N N m° a: ,O N w g� 3 w N N s� 3 v_ �w �' ovv N w cn s 0 w ��pp. -0w ocas� 0yNo 0c'� o =rM =m; w3N =� ° c�'i.c',��$ gr im CD .'. o� O. m w o c w o N y =O 31 w y w CD a3i N z p fD 7 fA (aD w p. NO - ID O N N, a N c was° -:.m 3 B 0= o y w c m a03 o y w N•w co ac (D CL a ° C m 0 N 1 0 C�'. �. n a c Z 3 m w 3' .ncp m o w c� a w cn vim, 3 0 0 0 CD �w o i ?7co c0 w = ! 3 7 -0 N N w =o N a N ID �c Q �s � o y � o ? c0 N w ao r D N y 3 CL .°-o w a . a . Lo Na 3 m mw w av cc 3 m w D ID r N -0 ° a m -•u <.0 W-C aa3 ' m< w N N ' o < aN 3 N O N mmp N > ». w 7 O N N o CD 0 w N O m Nun a w D 0 CD m' QOo � 3 =O C C � �c 0 � g u) 0 N a n� o°x m m vT $ 5v � a m� o w w � > v� -cc v CD _ > > 0 m > =N cnC CL CCCD a co ' w o c uGi 0 c w v c w w CD w u7i CD psu v 2) o 0 0 :3 :3 ° v W C v 7 o co co sN yG) a cc m0 :3 a C 0 ca o a g min v a) :3 o �7 w � N'•o v9•°' n g a 700 Z� o �co m N °'�C•)o m f° m v m DO- 0 t° o m -NOpam w °-C w acc cu a�i ' . -p co CQ c° MCC c co c c c _. 0 j�7 ?a N G:CL a0 N'..7 0 CL CL CD o 5- o co H Z Z O 0. O O — W N 0 Q G) w ti. U) N -0 O C a) CD y — N CD 'a• C • • • • Vl O 3 3 a CD C v N fD O. ID (D ?���ao3m =,r 0°Q0D o � �Np3vfDi>>> in- ,cDc,> >(-) 7_ 00 7 fD 2 @ (D G N N n 3 = O- Co » CD 'O w°.�cpw ?�mm���� c CD Cr �ppmo o w�32 , (5 n- S o °c C� fa N m ((D w N c w 0 (D p 99.S a N �0 7 (D CO cucn co.c yc.�gw mo f X00 oCDw05'c c� c om N (Q O w 0° CD Q N N W_ N 3 3 p: ° X 0 � N CD 7 3 w w 0 (D O p, 0 > d C N p w W 0 p 3 0 CD CC n c 3 ?. c rn c - N CD 7 (D N O, N Q O y c 7 CD O w - y o En .CD 0 0 O N N r- f m CD C O y w r. 0 0 0 N W a —o �� c °� c ° c w c o s' �a3 �p <_ CD ?' a c_co c° O w Q w O• fD j f N N O �p O - O — m° CD N' 0 3 fD 7 0 a m m o 3 m o= w 3 in 3 m w W N CL o CD (D Cr N (D w 7 7 fD 7 O (D O 0 0 CD �� N 7 00 N (n' a 7 a 0 • p n w M 0� 0 w 0> fD w fD N G. C O 7 ='&3 ��a N Q.� =,G y N CD ^�•N dN 0'D m fJ7.N.. N� - 3 O fD 7' O c 7 -O w. €j C 0 N V/ N& 9L C W 7 w a 7 d w. 7 7 w 0 N ° N� w W .�•. n w c 0 w -m 5 c w ac 3 3 N �f — �o Ni. CD CL CL C w m w u3,`° 3 0 m ? o am N °=�0 p° o N � m o CD __ o v o m 0 $ 3 o O v N c� 0 w y c- S Qg a CD 0 S,00 C y a 9 o o ID '0 �•O c c.F N ,n.. N Ul w�. CD CC c 0 o w (�pp `� a N -`� ? C 0 7 (D N O N 7 K .pi m a a 7 °�'. a `G c N O -0 :9 w w cn ° n w � a cn U3 CD0 o n 7 9 7N� m CD N n n CD 7 �p O X, 7 C m C CD f c w o 0 0 5 am m Et 9 00 M � N w c a �� `O N m w O CL vn w 5 w � 2. w_ 2.0 3 °mom° fD�m f° m co m � w vam CD :3 �`c Oo� WCC c ° C a O. C a CL ? Oa 5.0 > -.0 t i co �� v c c r rr N wom o w . a m w O � (/1 s,.. w 3 s ° o ° vCD ID -0 s a Wro o i m m o c m v m m 0 .m m _ 7 = mN m ? cC wN m 2. CD w ID � n a cn 2 :3 �am�' w m m m �a �an�? m w� �.s3 0 m" M.5mano6.C,% On cn?'m =tai 3n�c°su W 'O C7O.= c w= CD CC O QN m Clam C m vo°—' = a� �� y v� w m o w �� o ay 2. N m N N °•� o o CCD g, o= cmn Dumi m 3 om� 3 o a� off, aw a vm,3 oam°— 'cm °�c <°o w�F =aow�m�a;�i°?: _ or me o �g _ rt Na �]w =a m 3 �3 mZ0w Onyn mB ° m �7a 9 NC smr° 3 aw�p N ° a ay 00 w m N Q S m o m Z- : �? a CD O wa �. mwAm :3 cgo0�om =. . �. �w3�� m wg?_mcw?_m5i (Do CD i ' w a N N 7 W 3 3 Cr am° c CwA —3. O m ,3 -*8 CD m 3 i ma om 0 3a N = ?N w mcc CD I N w N m �p o, j wcp. 0 7 = o �- W y ?. w m 0. N. m p w a= a ^� CDw- 0-00 �w nwoco om:3023m� �i m my Z� N m o- s CD o.mvmiw C7< Nw o a wm °m °CD C: N w U1 3 y 'NO = .=i N= a m m 3 w N o o C = w o.c m ago (7 m N O N O N N = 4l S N - m S 7 �p C O .. c !O m .. Ci N A N O m d .n.• N CD cn CD Qm co c,o vW S.o Qoa �•o > t° W cc m w o a w a 3 m 3. a 7 a m a� a ma CD °:m a Co a � xv oo m $ CD •= OO m (D 0 m to fn o• c2 aC CD 'oc m Nc CD W ° mw = C g w = n _ n _ O n w _ _ N _ N O m N O m N O 7 N OS �i d W CT m Qm co c,o vW S.o Qoa �•o W cc m w o o' -•O a a a� °:m 0 °:-coo m oo m m OO m CD •= OO m to fn (n aC CD 'oc m Nc CD W mw N 7 = n _ n _ O n Cj _ n N m _ N _ N O m N O m N O 7 O O 9 m i m t o 0 o v n o v a n �v 9 W v c, -„0oCD W 0 Tn CL -0n CO a -0 ° Ica° x m o nom °:-coo m oo m m OO m CD •= OO m a m (n co � o cn � cc :3 (n � � � o U fo = t o m CD a a N m - m cn�M M3cn�M w� = ac M3cn m w� _ �c Car m co3cn m wco = oc =M m wca = ac wm w co me 5,= =a`° cg c c Qa N �p•c = mam =CL �N 5. = CD—o �m wc�'o'= CD F). cyc° -,Q= �am�o Sao wc;o m i m i m i m t HE /� / w � ,m -mn!) �0 :8 ID »0),22 m2mER= =E �_®_ ®` &g m.Ec-,- 5 g£Jm� m, :3 0) m *�3, a�� (fgKf Vim. =,n� @� \ƒC- l(5e �ƒmm {M 3-0 �,$ 77 \qE§ #ƒ 2« -n g E�cd -(a mg 2CE -0 3 cr _ «�# kG ®E 7 cr= 2ak%[/ M k0M to §2MigJ &3§ %F, 3cr ;aEwa§ $�! /\ $2[ -cr 9 §a ,a5 ?�0 CL9 =§a Ew= k2 o< Cr &ee2< 200 = a ®2 } k`M 0 Ln E \§��� \g 0 0 =3 / . crCL ID 8'0 Mr. i3 £Ema- 7 ƒn/ MGR ® =�aE #kk k { cn M °mow mom= Al /e \ k\ {k \ \� %\ -MEag; � < o� ]2 _a m=- a,3 §� \kq\ J\£ /»k ° o �E =E 0C \ _ (« ka 3 /� \ m \f m #ƒ g\ 2§ 2k M0 SD { j0 R f 0 M n =2 �E =E 7oa E- k\ k\ k\ k2 ]E �E (a E cc 2§ 2k M0 SD { j0 R f 0 M M #% �S e� # 0- 0 ncn0 , ƒ§/ owoƒowo;z=-Ma:-o- °2) 0) ]o�M EoaM &_ =a= em§3`d]#;® ,m�m,m m am?@ -m -2 ,3 �(a 3 cmw2,, 4ai §. Ma § 2\aa, » &§ - 0 f \/o &f E0 , � City Council Resolution 4647 Exhibit C El Segundo General Plan Land Use Element Excerpt - Page 3 -7 Land Use Designations Commercial Designations Add the following text immediately below Corporate Campus Specific Plan on page 3 -7: 199 North Continental Boulevard Specific Plan: Permits hotels at a maximum floor area ratio (FAR) of 0.92. Permits general office, medical - dental offices, public uses, including, but not limited to fire and police stations, post offices and libraries, recreational uses (public and private), research and development uses, and restaurants and cafes at a maximum floor area ratio (FAR) of 0.80. PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 844\April 6 2010 City Council Meeting\Resolution and Attachments \EA -844. CC. Exhibit C.GP excerpt Council Resolution Land Use Designations. doc City Council Resolution 4647 Exhibit D 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 (216.6 218.4 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 01-2,1/2/02) 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. 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 parcel at 199 North Continental Boulevard between El Segundo Boulevard and Grand Avenue bounded by Continental Boulevard to the east 101 North Continental Boulevard to the south and west and 201 North Continental Boulevard to the north is a Specific Plan area ( "199 North Continental Boulevard Specific Plan ") which encourages primarily a hotel use with a maximum floor area ratio of 0.92• however offices medical- dental offices public uses recreational facilities (public and private) research and development and restaurants and cafes with a maximum floor area ratio of 0.80 may also be developed on the site (1.75 ac.). P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826- 850\EA 844\April 6 2010 City Council Meeting\Resolution and Attachments\EA -844 Council Reso Exhibit D General Plan Land Use Element.doc 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) P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826- 850\EA 844\April 6 2010 City Council Meeting\Resolution and Attachments\EA -844 Council Reso Exhibit D General Plan Land Use Element.doc City Council Resolution 4647 Exhibit E 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Square Footage Units 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 89,110 Downtown Commercial 8.8 18' 383,328 General Commercial 37.1 - 1,618,508 Corporate Office 216.6 2-18r4 - 12,539,209 +24,0G,493 Commercial Center 85.8 - 850,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 232.5 - 13,166,010 Urban Mixed -Use South 70.6 - 3,997,936 124`h Street Specific Plan 3.9 1 73,530 Aviation Specific Plan 5.4 - 66,000 Downtown Specific Plan 26.3 2321 1,145,628 Corporate Campus Specific Plan 46.5 - 2,550,000 199 North Continental Boulevard 1.75 - 70,132 Specific Plan Parking 11.8 - - Light Industrial 356.1 - 18,529,000 Heavy Industrial 1001 - -2 Public Facilities 87.9 - - Federal Government 90.6 - - Open Space 78.3 - - Parks 50 - - Street and Railroad R.O.W 442.6 - - Totals 3,494.3 1 7,850 57,097,845 37;088;697 Population Projection 17,287 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 remain for the life of the Plan. Therefore, no estimated building square footage is shown. 199 North Continental Boulevard Proposed General Plan Amendment of MI Land Use Map City of El Segundo MW CITY COUNCIL RESOLUTION NO. 4647 Exhibit G CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), JF El Segundo Owner, LLC, agrees to comply with the following provisions as conditions for the City of El Segundo's approval of an Addendum to A Mitigated Negative Declaration for Environmental Assessment (EA No. 844), General Plan Amendment No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Specific Plan No. 09 -02, and Development Agreement No. 09 -03 ( "Project Conditions "). Planning Division Conditions 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 Addendum to the Mitigated Negative Declaration of Environmental Impacts for the proposed hotel 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. Any changes to the colors and materials of the exterior facade of the building must be in compliance with the 199 North Continental Boulevard Specific Plan Section 3(G) Design Guidelines and approved to the satisfaction of the Director of Planning and Building Safety. 5. 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 -1- 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 Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: A. Reclaimed water must be used as the water source to irrigate landscaped areas, if feasible. To that end, dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible. B. Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). C. Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. D. Selection of drought - tolerant, low -water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10 -2 -1, et seq. 6. The hotel must comply with the 199 North Continental Boulevard Specific Plan Section 3(F) Design Features for Hotels. 7. The applicant must provide a sufficient number of bicycle racks to accommodate the storage of at least 8 bicycles. 8. 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. 9. A trash and recycling enclosure must be provided and shown on the site plan that is sufficiently large enough to store the necessary bins required for the regular collection of commercial solid waste and recyclable materials. The site plan with the location and dimensions of the trash and recycling enclosure and an elevation view of the enclosure must be provided to the Planning and Building Safety Department for review and approval before the City issues building permits. -2- 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 the Hotel and any ancillary buildings. 11. Exterior lighting must be designed to minimize off -site glare. 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 provide the Planning and Building Safety Department a status report on the Leadership in Energy and Environmental Design (LEED) certification process that includes the GBCI scorecard. The Director of Planning and Building Safety will determine if the items identified on the scorecard and report, show a good faith effort to obtain 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. 14. Before the City issues Certificate of Occupancy, the applicant must submit a reciprocal access agreement for joint use of the driveway entrance and drive aisle at Continental Boulevard and El Segundo Boulevard to the Planning Department for review and approval by the Director of Planning and Building Safety. The reciprocal access agreement must be reviewed and approved as to form by the Director of Planning and Building Safety 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 Reciprocal Access Agreement before the City issues a Certificate of Occupancy. The reciprocal access agreement must be recorded before the City issues a Certificate of Occupancy. 15. Before the City issues a Certificate of Occupancy, the applicant must submit a parking covenant to allow the use of 50 off -site parking spaces located at 101 North Continental Boulevard 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. The parking covenant must be recorded before the City issues a Certificate of Occupancy. 16. The applicant agrees to contribute $75,000 to the City Recreation and Parks Department for capital improvement projects that will benefit children. One -half of the award must be paid before building permits are issued and the remaining one -half must be paid at issuance of Certificate of Occupancy. -3- Building Division Conditions 17. 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 Department for review and approval. 18. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Department for review and approval. 19. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Department for review and approval. 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 adopted by the ESMC with local amendments if submitted to the City for plan check before January 1, 2011. If submitted to the City for plan check after January 1, 2011, then the plans must conform to the 2010 California Building Code. 20. Before building permits are issued, plans must show compliance with accessibility requirements per Chapter 11 of the 2007 California Building Code, as adopted by the ESMC, or per the 2010 California Building Code if plans are submitted to the City for plan check after January 1, 2011. 21. The applicant must provide a complete pool enclosure that encompasses the pool, per 2007 California Building Code § 3118131, as adopted by the ESMC, or per the 2010 California Building Code if plans are submitted to the City for plan check after January 1, 2011. 22. The applicant must provide a disabled access lift to access the pool per 2007 California Building Code §§ 1104B.4.3 and 11178.4, as adopted by the ESMC, or per the 2010 California Building Code if plans are submitted to the City for plan check after January 1, 2011. 23. At least one stairway must access the roof 2007 California Building Code § 1009.11 or per the 2010 California Building Code if plans are submitted to the City for plan check after January 1, 2011. Fire Department Conditions 24. The project must comply with all applicable requirements in the 2007 California Building and Fire Codes, and the 2006 International Fire Code as adopted by the ESMC and El Segundo Fire Department regulations. If the plans are submitted to the City for plan check after January 1, 2011, the project must comply with the 2010 California Building and Fire Codes and the 2009 International Fire Code. IIn 25. Construction of the hotel restaurant must include installation of a grease interceptor capable of removing fats, oils, and grease from the kitchen waste stream. If the Los Angeles County Health Department determines that the food preparation area does not require the installation of grease interceptors, then this condition will not be required. 26. Construction activities must include a storm water pollution prevention plan addressing non -storm water run -off, debris removal, track -out and protection of storm water system. 27. Any diesel - powered generators must be approved by the Fire Department, Environmental Safety Division, and provide for secondary containment, placarding, spill detection and prevention. Underground tanks require additional environmental monitoring requirements. 28. Provide an inventory of chemicals used for laundry, pool or house cleaning that may be in 55- gallon drums or cylinders. Public Works Department Conditions 29. All onsite utilities including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. Contact Southern California Edison for required service and underground requirements (Mr. John Deng at (310) 783- 9305). 30. Before the City issues a Certificate of Occupancy, the applicant must ensure that all curb, gutters, A.C. pavement and driveway aprons fronting Continental Boulevard will be replaced as required by the Public Works Department. 31. Before the City issues a Certificate of Occupancy, all damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department. 32. The applicant must ensure that encroachment permits are secured from the Public Works Department before commencing any work in the public right -of- way. 33. The project must comply with the latest National Pollution Discharge Elimination System (NPDES) requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. 34. Before the City issues a building permit, the location and sizes of all proposed water meters must be approved by the City's Water Division. -5- 35. Before the City issues a building permit, the applicant must clean and inspect (via remote TV camera) the project sewer lateral. If found impaired, the applicant is responsible for the replacement of the lateral. 36. A registered civil engineer must provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on -site drainage and mitigate off -site impacts, as follows, subject to review and approval from the Public Works Department: o The design must follow the criteria contained in both the Los Angeles County Department of Public Works Hydrology Manual 2006 and Standard Urban Storm Water Mitigation Plan or most recent editions. Flows must remain in their historical drainage pattern so as not to impact neighboring properties. o New development must not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run -off water to any off -site drainage areas beyond the measured or calculated pre - project rate and velocity. 37. Construction related parking will be allowed through agreement with the 101 North Continental Boulevard property owner. Permission must be granted in writing and submitted to the Public Works Department at the time of plan check. 38. All record drawings (as -built drawings) and supporting documentation must be submitted to the Public Works Department before scheduling the project's final inspection. Police Department Conditions 39. Before the City issues a building permit, the applicant must submit a photometric light study to the Police Department for review and approval. A site plan must be provided showing buildings, parking areas, walkways, and the point -by -point photometric calculation of the required light levels. Foot candles must be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average /minimum. The photometric study must be point -by -point and include the light loss factor (7). Lighting levels must be adjusted to meet the minimum foot candle requirements within each area of the site. All interior or exterior corridors, passageways and pedestrian walkways and open parking lot shall be illuminated at all times with a minimum maintained one foot - candle of light on the walking surface. 40. A schematic plan of the security camera system must be submitted and approved by the El Segundo Police Department before the City issues a building permit, and must be included as a page in the stamped approved set of plans. W 41. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 42. Stairways must be illuminated with a minimum maintained one foot - candle of light on all landings and stair treads at all times. 43. Recessed areas of building or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six feet in width and are capable of human concealment, must be illuminated with a minimum maintained 0.25 foot - candles of light at ground level during the hours of darkness. This requirement applies to defined recessed areas which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedge row landscaping a minimum of two feet in height. 44. All types of exterior doors must be illuminated during the hours of darkness, with a minimum maintained one foot - candle of light measured within a five -foot radius on each side of the door at ground level. The light source must be controlled by a photocell device or a time -clock with an astronomic clock feature and capable of operating during a power outage. 45. The addressing, open parking lot and trash dumpster must be illuminated with a maintained minimum of one foot - candle of light on the ground surface during hours of darkness. 46. Street addressing must be a minimum of 6 inches high and must be visible from the street or driving surface, of contrasting color to the background and illuminated during hours of darkness. Addressing must also be shown on plan elevations. 47. A total of 5 to 7 interior cameras and 6 to 7 exterior cameras must be installed as generally shown on the First Floor Plan submitted by Cambria and dated February 16, 2010. Security cameras must be placed to monitor and record cash handling /counting areas, the safe, access doors. 48. Cameras, especially those viewing customers as they enter the hotel or stand at cash stations, must be placed to capture the individual from the waist to the top of the head straight on. Cameras must also be situated low enough so that caps /hats or other disguises will not obstruct the view of the individual's face. 49. Security camera recordings must be made available to law enforcement agencies for investigation purposes upon request. 50. Monitor and recording equipment must be stored in a secure area. 51. Landscaping cannot be planted so as to obscure required monitoring and recording equipment. -7- 52. All security cameras must be in color; recording equipment must be digital and have a minimum 30 day storage. 53. A safe must be installed in the building and be equipped with suitable anchors in concrete blocks. 54. Delivery doors, cash handling room doors, and any other room identified by the El Segundo Police Department must be equipped with a wide angle (190 -200 degree) door viewer, not to be mounted more than 58 inches from the bottom of the door. 55. Before building permits are issued, the Police Department must approve the height of where security cameras are mounted. 56. All landscaping must be low profile around perimeter fencing, windows, doors and entryways so as not to limit visibility or provide climbing access. Dense bushes cannot be clumped together in a manner that provides easy concealment. 57. All single swing and double swing pedestrian doors must be secured with a deadbolt lock and utilize an electronic access control system. 58. Stairwell doors exiting onto the street must have a minimum 100 - square inch vision panel, with a minimum five inch width, to provide visibility into the area being entered. Vision panels must meet the requirements of the California Building Code, as adopted by the ESMC. Vision panels shall preclude manipulation of the interior locking device from the exterior. 59. Interior stairwell doors must have glazing panels a minimum of five inches wide and 20 inches in height and meet the requirements of the Uniform Building Code, as adopted by the ESMC. Guest rooms must have a deadbolt lock, a secondary security latch and a wide angle (190 -200 degree) door viewer, not to be mounted more than 58 inches from the bottom of the door. 60. Exterior mounted ladders are prohibited except: (1) ladders with a minimum 1/8 inch thick steel plate, securely attached to the ladders edge on each side, and extending to within two inches of the wall for a height of ten feet above ground level. A door and cover must be securely attached to the front of the ladder, and be constructed of minimum 1/8 -inch steel, extending from ground level to at least ten feet high. The ladder must have non - removable hinge pins and be locked securely against the side wall by a locking mechanism with a minimum five pin tumbler operation; or (2) the bottom of the ladder must begin ten feet above the ground surface. 61. All pool entrances must be posted with "No Trespassing" signs. 62. Any pool restroom and shower doors must have access control as reviewed and approved by the El Segundo Police Department. 63. Exterior gates leading to the pool must be secured by electronic access control. Construction Conditions 64. 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. 65. Public sidewalks must remain open at all times. 66. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 67. 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. 68. Staging of construction vehicles and vehicle entry and egress to the site must be approved by the Public Works Department. Temporary construction driveways must be approved by the Public Works Department. Temporary construction driveways must be removed before the City issues a certificate of occupancy. 69. Construction vehicles cannot use any route except the City's designated Truck Routes. 70. 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. 0 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. 1. 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. 71. During construction and operations, all waste must be disposed in accordance with all applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 72. 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. 73. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 74. The project must comply with ESMC Chapter 5 -4, which establishes storm water and urban pollution controls. 75. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 76. Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been implemented to reduce pollutant loadings identified in the Storm Water Prevention Plan. 77. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 78. Storm drain system must be safeguarded at all times during construction. 79. All diesel equipment must be operated with closed engine doors and must be equipped with factory- recommended mufflers. 80. Electrical power must be used to run air compressors and similar power tools. 81. 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. -10- 82. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 83. 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 84. 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 in accordance with Section 6.2 of the Development Agreement. The fee amount must be based upon the adopted fee at the time the building permit is issued. 85. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued, the applicant must pay a one -time fire services mitigation fee in accordance with Section 6.2 of the Development Agreement. The fee amount must be based upon the adopted fee at the time the building permit is issued. 86. 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 in accordance with Section 6.2 of the Development Agreement. The fee amount must be based upon the adopted fee at the time the building permit is issued. 87. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12 -3). 88. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues a certificate of occupancy, the applicant must pay a one time traffic mitigation fee in accordance with Section 6.2 of the Development Agreement. The fee amount must be based upon the adopted fee at the time the building permit is issued. 89. Before building permits are issued, the applicant must pay the required School Fees. This condition does not limit the applicant's ability to appeal or protest the payment of these fees to the school districts(s). Miscellaneous 90. JF El Segundo Owner, LLC, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 844, General Plan Amendment No. 09 -02, Specific Plan No. 09 -02, Zone Change No. 09 -02, Zone Text Amendment No. 09 -04, Development Agreement No. 09 -02, and Administrative Use Permit No. 09 -06. 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 -11- of the City approval of Environmental Assessment No. 844, JF El Segundo Owner, LLC., agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Richard Mielbye on behalf of JF El Segundo Owner, LLC., certifies that they have read, understood, and agree to the Project Conditions listed in this document. Richard Mielbye, Vice President - Secretary JF El Segundo Owner, LLC P:\Planning & Building Safety \Planning - Old \PROJECTS (Planning) \826- 850 \EA 844\April 62010 City Council Meeting\EA- 844. CCreso. Exhibit G.conditions.04.06.10.doc -i2-