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2004 MAR 16 CC PACKET - 1AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance witn the Americans with uisanmties Act, it you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 16, 2004 — 5:00 P.M. Next Resolution # 4368 Next Ordinance # 1375 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: 0 UP CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. 1. Bressi v. City of El Segundo, LASC No. BC288292 2. Bressi v. City of El Segundo, LASC No. BC288293 3. Preston v. City of El Segundo WCAB No. MON 0292740 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -3- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) -0 matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8):-4- matters. Real Property Negotiator: Mary Strenn, City Manager Potential purchase price for four (4) properties for the Douglas Street extension project: APN Nos.: 1. 4138 - 011 -019 2. 4138 - 010 -010 3. 4138 - 011 -006 4. 4138 - 011 -036 SPECIAL MATTERS — None. 004 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 16, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Mark Koukl of Hope Chapel del Rey PLEDGE OF ALLEGIANCE — Counciimember John Gaines Next Resolution # 4368 Next Ordinance # 1375 003 PRESENTATIONS — (a) Commendations to Joe Harding, General Manager of the Hacienda Hotel; Marisa Vega, Sales Manager of the Hacienda Hotel; Donn Cottom of Sopp Chevrolet for running their 4th LA Marathon while raising monies on behalf of Rotary International's effort to eradicate polio worldwide by the 2005; and commendation to Michael Herbach for running his 15` LA Marathon while raising monies on behalf of Rotary for the Children of the Dump in Tijuana Mexico. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 632 Subdivision No. 03-8 for a one -year extension of a previously approved Vesting Tentative Map No. 53570. The Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -El Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Seaundo (CAGES). Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Adopt Resolution upholding approval of Environmental Assessment No. 632 and Subdivision No. 03 -8; (4) Alternatively, discuss and take other action related to this item. 4 00--1 C. UNFINISHED BUSINESS 2. Consideration and possible action amending the El Segundo Municipal Code (ESMC) regarding uniform newsrack locations and newspaper placement. Recommendation — (1) Discussion; (2) Introduction of Ordinance and waive first reading; (3) Schedule second reading and adoption of Ordinance on April 6, 2004; (4) Alternatively, discuss and take other action related to this item. 3. Consideration and possible action to appoint members to the Water and Sewer Rate Task Force — Fiscal Impact: None. Recommendation — (1) Approve the appointment of two (2) Council Members; Don Camph, El Segundo Employers Association; Joe Harding, Chamber of Commerce; El Segundo Residents Association, Eric Johnson; At Large, Bill Bue and Mike Rotolo; City Manager; Public Works Director; and the Director of Administrative Services to the Water and Sewer Rate Task Force; (2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Warrant Numbers 2539282 to 2539591 on Register No. 11 in the total amount of $1,481,405.99 and Wire Transfers from 2120/2004 through 3/412004 in the total amount of $268,770.52. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 5. City Council Meeting Minutes of March 3, 2004. Recommendation — Approval. 14 Consideration and possible action regarding approval of the SPCA contract for animal sheltering services — (Fiscal Impact: $26,400). Recommendation — (1) Approve the SPCA contract for animal sheltering services and authorize the City Manager to execute; (2) Alternatively, discuss and take other action related to this item. 5 00 ) 7. Consideration and possible action regarding award of contract for the El Segundo Skate Board Park located at 405 East Grand Avenue — Approved Capital Improvement Program — Proiect No. PW 04 -02, (Contract amount: $400,395). Recommendation — (1) Award contract to the lowest responsible bidder, Channel Islands Paving, Inc.; (2) Authorize the City Manager to execute the construction contract on behalf of the City; (3) Authorize (a) $46,000 for Optional Bid Items Nos. 1 and 2 and (b) $20,605 for construction contingencies; (4) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding acceptance of Los Angeles County Regional Grant for $80,000. Use funds for lighting and portable pieces at the El Segundo Skate Board Park. Fiscal Impact: None. Recommendation — (1) Accept Los Angeles County Regional Grant for $80,000; (2) Use the funds for the lighting and portable pieces at the El Segundo Skate Board Park; (3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding the submission of a grant proposal to the Department of Homeland Security, USFA/Federal Emergency Management Agency (FEMA) under the Assistance to Firefighters Grant Program. Fiscal Impact: 24, 500 matching requirement in Fiscal Year 04/05. Recommendation — (1) Authorize the submission of a DHS /FEMA/USFA grant proposal for $244,895.00; (2) Authorize the Fire Chief and /or designee (Emergency Services Coordinator) to act as the authorized agent for the electronic grant submission; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding executing an agreement with Civica Software for purchase and implementation of a content management system for the City website. Recommendation — (1) Authorize the City Mar Software for a Content Management System Request for Proposal (RFP) and subsequent and take other action related to this item. 0 lager to execute an agreement with Civica by "piggybacking" on the City of Montclair award process; (2) Alternatively, discuss 006 11. Consideration and possible action regarding the approval of a Professional Services Agreement between the City of El Segundo and Hinderliter, De Llamas & Associates (HDL) for sales and use tax audit and information services. Recommendation — (1) Authorize the City Manager to execute Professional Services Agreement on behalf of the City; (2) Adopt resolution authorizing examination of sales & use tax records; (3) Give current Consultant notice of change in vendors; (4) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding award of contract to NSA Construction Group for construction work of the Residential Sound Insulation Program's Bid Group 4 (72 residences). Estimated construction cost and retention: $1,393,913. Recommendation — (1) Approve request by Angeles Contractor to withdraw its Bid: (2) Consider Bid from A.W.I. Builders, Inc. non - responsive; (3) Award contract to NSA Construction Group; (4) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; (5) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding acceptance of the project for construction of the Downtown Specific Plan Improvements — Project No. PW 03 -03. Approved Capital Improvement Program (Final contract amount: $ 3,538,676.51). Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County's Recorder's Office; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 14. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine for a Bona Fide Public Eating Place) at a new restaurant, Good Stuff, located at 131 West Grand Avenue, EA No. 637 and AUP No. 04 -01. Applicant: Cris Bennett. Recommendation — (1) Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at Good Stuff Restaurant; (2) Alternatively, discuss and take other action related to this item. 7 007 G. REPORTS — CITY MANAGER — NONE H. REPORTS —CITY ATTORNEY —NONE REPORTS —CITY CLERK — NONE J. REPORTS —CITY TREASURER —NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. (a) Request by Tree Musketeers for the City Council to declare the California Sycamore the official City of El Segundo tree. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT r POSTED: W D DATE: 3 1/ 103 TIME GI' a0 fl•M- NAME: JPnninne s OU$ EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) on the appeal of the Planning Commission's decision to approve Environmental Assessment No. 632 and Subdivision No. 03 -8 for a one -year extension of a previously approved Vesting Tentative Tract Map No. 53570. The Tentative Tract Map is for a 26 -lot subdivision in the Corporate Campus Specific Plan area, located at 700 -800 North Nash Street. Applicant: TPG -El Segundo Partners, LLC. Property Owner: Federal Express Corporation. Appellant: Kilroy Realty Corporation and Citizens Against Gridlock in El Segundo (CAGES). RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing; 2. Discussion; 3. Adopt Resolution upholding approval of Environmental Assessment No. 632 and Subdivision No. 03 -8; or 4. Alternatively discuss and take other possible action related to this item. BACKGROUND & DISCUSSION: The Planning Commission approved a one -year extension of Vesting Tentative Tract Map No. 53570 at its February 12, 2004 meeting. On February 23, 2004, the Kilroy Realty Corporation and CAGES filed an appeal. The appellants contend that: 1) the Vesting Tentative Tract Map expired on or before January 2, 2004; and 2) the application filed by TPG -El Segundo Partners, LLC was not complete until after the map expired because the City received a letter of authorization from the property owner on February 3, 2004. (continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Draft Resolution 2. Appeal letter dated February 23, 2004 3. Planning Commission Staff Report dated February 12, 2004 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: NIA Account Number: N/A Project Phase: NIA Appropriations Required: _Yes x No ORIGINATED BY: DATE: Hansen, Director of Community, Economic and Development Services BY: Mary Strenn, Oity M Building Safety\PR0JECTS \Ea- 632 \sr_cc DATE: 3 /a/ oy 001) 1 BACKGROUND & DISCUSSION — Pape 2 On January 2, 2002 the City Council adopted Ordinance No.1345 approving a Vesting Tentative Tract Map forthe Campus El Segundo Project. The effective date of the Ordinance was suspended, by operation of law, through a referendum campaign until July 12, 2002. Accordingly, both of the issues raised by Kilroy and CAGES appear to be without merit. Additionally, El Segundo Municipal Code ( "ESMC ") § 14- 2 -3.C.2 states that, "[tjhe time within which a final map may be recorded is governed by Section 14 -1 -12 of this title and California Government Code Section 66452.6." ESMC § 14 -1 -2 allows a time extension on a map if a request is made before the tentative map expires. Pursuant to Government Code § 66452.6 (e), filing an application for a time extension automatically extends the tentative map time period for sixty (60) days or until the extension is approved or denied. Thus, even if Kilroy and CAGES were correct in their interpretation as to when the map would expire, TPG -EI Segundo Partners, LLC filed for an extension of the approved Vesting Tentative Tract Map on December 1, 2003 thereby extending the map for 60 days or until the City takes final action on the application. Kilroy and CAGES also raised the issue that the letter of authorization from the property owner granting the applicant permission to file a tract map extension application was received on February 3, 2004 and that the application was not complete until such time. Given that there was a prior authorization granted by Federal Express Corporation with respect to TPG -EI Segundo Partners, LLC's request for the original entitlements for the property, including a Development Agreement which is currently in effect, it does not appear that such a letter of authorization was necessary. This extension is consistent with TPG -EI Segundo's other land use entitlements on the property which Federal Express Corporation authorized. Accordingly, staff deemed the application complete January 20, 2004. Therefore, the application for a one - year extension was complete and the Tentative Tract Map was valid at the time the Planning Commission approved TPG -El Segundo Partners, LLC's one -year tract map extension application. Staff recommends that the City Council reject the appeal and uphold the Planning Commission's approval of a one -year extension to Vesting Tentative Tract Map No. 53570. The project is still a benefit to the community for all of the reasons that the Council previously approved the project, including revenue and employment opportunities for the City. Additionally, the project will offer public amenities (fire station site and recreational fields) that will benefit the community. Finally, the community pursuant to the referendum election held on June 18, 2002 supported the project. Resolution No. 4241 certifying the Final Environmental Impact Report (FEIR) for the El Segundo Corporate Campus Project became effective on July 12, 2002. There have been no changes to the project or the property since its effective date or the impacts caused by the project. Thus, the extension would not have the potential to create any new significant impacts or additional impacts from those previously disclosed in the FEIR. Therefore, it is appropriate for the City Council to rely on the FEIR in considering the extension request. PAPlanning & Building Safety\PR0JECTSTa- 632isr_cc 0 1 0 RESOLUTION NO. A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING ENVIRONMENTAL ASSESSMENT NO. 632 AND SUBDIVISION NO. 03 -8 FOR A FIRST EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 53570 FOR PROPERTY AT 700 -800 NORTH NASH STREET The City Council of the City of El Segundo does resolve as follows: SECTION 1: The Council finds and declares that: A. On December 1, 2003, TPG -El Segundo Partners, LLC submitted an application for a one -year extension to Vesting Tentative Tract Map No. 53570; and associated project approvals to allow the continued development rights for the creation of 26 separate parcels. The application was reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the ESMC; B. 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); C. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for February 12, 2004; D. On February 12, 2004, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by TPG -Ei Segundo Partners, LLC; and adopted Resolution No. 2559 approving Environmental Assessment No. 632 and Subdivision No. 03 -8; E. The Commission considered the information provided by City staff, public testimony, and TPG -El Segundo Partners, LLC representatives. Resolution No. 2559 and its findings, were made based upon the evidence presented to the Commission at its February 12, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services; F. On March 16, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation information provided to the Planning Commission by TPG -EI Segundo Partners, LLC; and adopted Resolution No._ ; and G. The City Council considered the information provided by City Staff, public testimony, and TPG -El Segundo Partners, LLC representatives. Resolution No. and its findings, are made based upon the evidence and testimony presented to the Council at its March 16, 2004 hearing including, without 011 limitation, the staff report submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The approved project is for the creation of 26 separate parcels on a 46.53 - acre site at 700 -800 N. Nash St. in the Corporate Campus Specific Plan Area; B. The approved proposal complies with all applicable requirements of the Corporate Campus Specific Plan including the minimum lot size and minimum street frontage requirements for the Corporate Campus Specific Plan. All parcels will have frontage on a public street or a private internal roadway; C. The original project approval of the project required City Council approval and certification of an Environmental Impact Report. There have been no changes to the project scope or any other significant information that would render the conclusions of the original Environmental Impact Report inaccurate. Therefore the conclusions of the Environmental Impact Report remain unchanged; D. The subject proposal is to extend the previously approved project covered by the following previous approvals and agreements: Environmental Assessment No. 548, Subdivision No. 01 -5 (Vesting Tentative Tract Map No. 53570), Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, and Administrative Use Permit No. 01 -1 were approved by City Council Ordinance 1345 and City Council Resolution 4241 on January 2, 2002, certifying an Environmental Impact Report for the Campus El Segundo project at 700 -800 N. Nash Street; E. The project is a benefit to the community for the same reasons that it was found to be a benefit to the community when the City Council approved it on January 2, 2002; F. The project was upheld by 65% of the voters pursuant to referendum process on June 18, 2002. Thus, the community supports the project as it was originally proposed; and G. An appeal of the Planning Commission's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 (Vesting Tentative Tract Map No. 53570) was received by the City Clerk's Office February 23, 2004. 01 SECTION 3: Environmental Assessment. The Council finds that Environmental Assessment No. 632, Subdivision No. 03 -8 and Vesting Tentative Tract Map No. 53570 were previously analyzed for its environmental impacts and a Final Environmental Impact Report was certified pursuant to CEQA § 15090. SECTION 4: Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with Pub. Res. Code §§ 21152, 21167(f); 14 CCR § 15062; and any other applicable law. SECTION 5: General Plan Findings. After considering the above facts, the City Council finds as follows: A. The Land Use Designation of the project site is Corporate Campus Specific Plan. Moreover, the proposed project is consistent with the City's General Plan Land Use Objective LU4 -4, which encourages mixed use developments; B. The ESMC zoning classification for the project site is Corporate Campus Specific Plan; C. The proposal meets all the site development standards of the Corporate Campus Specific Plan; and D. The proposed Subdivision complies with the applicable provisions of ESMC Chapter 14 -1, since an application requesting an extension was received prior to the date of expiration, proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered. SECTION 6: Approvals. The City Council upholds the Planning Commission's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 with amended Conditions of Approval. SECTION 7: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 8: The City Clerk is directed to mail a copy of this Resolution to TPG -El Segundo Partners, LLC and to any other person requesting a copy. SECTION 9: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 16th day of March 2004. Mike Gordon, Mayor 013 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. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all al a regular meeting of said Council held on the 16th day of March 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. H sley, City Attorney By. vt� Karl H. Berger, Assistant City Attorffey 014 CITY COUNCIL RESOLUTION NO. _ Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), TPG -El Segundo Partners, LLC agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 632 and Subdivision No. 03 -8 ( "Project Conditions "): Miscellaneous Conditions 1. Vesting Tentative Tract Map No. 53570 and associated project entitlements will expire on July 12, 2005, unless a Final Map is approved and recorded or a second extension is requested. 2. Before building permits are issued, the applicant will develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved will be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 3. The developer must develop the property in accordance with the applicable provisions of previously approved City Council Resolution No. 4241 and Ordinance No. 1345. 4. TPG -El Segundo Partners, 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. 632 and Subdivision No. 03 -8. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 632 and Subdivision No. 03 -8, TPG -El Segundo Partners, 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. O 1 By signing this document, TPG -El Segundo Partners, LLC certifies that it has read, understood, and agrees to the Project Conditions listed in this document. TPG -El Segundo Partners, LLC Applicant {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company} 0 16 MOSKOWITZ, jRESTOFF, WINSTON &' BL. ,DEPMAN LLP Ir 1880 Century Park East, Suite 800, Los Angelles, Ca iIf "Y;& O jj` "i N� TEL: 310/785 -0550 Lax: 310/1185-W96 xI r 16 February 23, 2004 VIA MESSENGER Ms. Cindy Mortesen, City Clerk Mr. Jim Hansen, Director of Community, Economic and Development Services CITY OF EL SEGUNDO 350 Main Street El Segundo CA 90245 Btubaza S. Blindelman Nelson E. BneSLOff Joel S. Moskowin Dennis A. Winston Re: Appeal of Planning Commission decision re EA 632 & Subdivision 03 -8 (VTM 53570) Dear Ms. Mortesen and Mr. Hansen: Please accept this letter as an appeal by Kilroy Realty Corp. and Citizens Against Gridlock in El Segundo (CAGES) of the El Segundo Planning Commission's decision of February 12, 2004, wherein the Commission granted to applicant, TPG -El Segundo Partners LLC, a one -year extension to previously approved Vesting Tentative Tract Map No. 53570 ( "Tract Map "). The bases for the appeal —which we presented to the Commission on February 12 —are that the Tract Map had already expired before the Commission voted to approve the extension and that the application for the extension was not submitted in its completed form until after the Tract Map had expired. Please note the following, as background: 1. Per the language published by the City in the Notice of Public Hearing for the February 12, 2004 Planning Commission hearing involving Environmental Assessment No. 632 and Subdivision No. 03 -8 (VTM No. 53570): "The City Council approved the original Vesting Tentative Tract Map on January 2, 2002." 2. Per the language published by the City in the Planning Commission's February 12, 2004 agenda: "The original Vesting Tentative Tract Map was approved December 18, 2002." x A LIMITED LIABILITY PART\ERSHIP 1 \'GLIDING sR£STOFF & WINSTON, A PROFES510VAL LAW CORPORATION 0 17 Ms. Cindy Mortensen, —tty Clerk Mr. Jim Hansen, Director of Community Re: Appeal of Planning Commission decision re EA 632 & Subdivision 03 -8 (VTM 53570) Page 2 We assume this is a typographical error, and that the City's intent was to state in the February 12, 2004 agenda that the Planning Commission approved the original Map on December 18, 2001. We believe that Vesting Tentative Tract Map No. 53570 expired on or before January 2, 2004. The bases for our appeal are the following: 1. Vesting Tentative Tract Map No. 53570 had already expired prior to the time that the Planning Commission voted upon the extension of the Map on February 12, 2004. Pursuant to Section 14 -2 -3 of the El Segundo Subdivision, Code, it states: "The right to proceed with development as set forth in subsection A of this Section accrues from the date of approval of the tentative map by the Planning Commission or City Council; however, it expires on the date the vesting tentative map expires unless a final map is approved before then." Further, under Code Section 14 -2 -7 — Expiration of Tentative Map Approval, it states: "The approval or conditional approval of a vesting tentative map and the conditions under which an extension of time is granted shall be consistent with Section 14 -1 -12 of this Title ". Pertinent passages of Code Section 14 -1 -12 states: A. Expiration: The approval or conditional approval of a tentative map or tentative parcel map shall expire twenty four (24) months from the date the map was approved or conditionally approved" B. Extension: The person filing the tentative map may request an extension of an approved tentative map by filing a written application with the Director of Community, Economic and Development Services, prior to the date of expiration. The application shall state the reasons for requesting the extension. Said extension request shall be approved or denied by the Planning Commission. „ i Ms. Cindy Mortensen, —rty Clerk Mr. Jim Hansen, Director of Community Re: Appeal of Planning Commission decision re EA 632 & Subdivision 03 -8 (VTM 53570) Page 3 2. As presented at the February 12 hearing of the Commission, the pendency of the referendum challenging the City's ordinance approving the modifications to its planning documents (which are legislative acts) had no legal impact on the City's approval of the Tract Map (an adjudicative /administrative act). 3. The authorization of the property owner, which is critical to an application for a requested action being deemed complete was dated February 3, 2004 and sent to the City on February 3, 2004. The application by TPG -El Segundo Partners, LLC, requesting extension of the Map, was not complete until after the Map expired. Enclosed is our check in the amount of $460.00 as the appeal filing fee. Very truly yours, Dennis A. Winston of Moskowitz, Brestoff, Winston & Blinderman LLP DAW:ak CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: SUBJECT: APPLICANT: PROPERTY OWNERS: REQUEST: PROPERTY INVOLVED: Introduction February 12, 2004 Environmental Assessment No. 632 Subdivision No. 03 -8 and Vesting Tentative Tract Map No. 53570 TPG -El Segundo Partners, LLC Federal Express Corp. One -year extension of a Tentative Tract Map for a 26 lot subdivision. 700 -800 N. Nash Street The proposed project is a request for a one -year extension to previously approved Vesting Tentative Tract Map No. 53570 for the creation of 26 individual parcels for the Campus El Segundo project originally known as the El Segundo Corporate Campus. The stated purpose of the requested extension is to allow additional time for the development of the project. The original Vesting Tentative Tract Map was approved January 2, 2002 and will expire on June 18, 2004. No changes in the project are proposed. Recommendation Planning Staff recommends that the Planning Commission review the facts as contained within this report, and adopt Resolution No. 2559 (Exhibit A) approving Environmental Assessment No,,632 and Subdivision No. 03 -8 (Vesting Tentative Tract Map No. 53570). Background The project site is bounded by Douglas Street on the east, Nash Street on the west, Mariposa Avenue on the south, and Atwood Way on the North. To the west of the property on the far side of Nash Street is the Metro Green Line. This segment of the Metro Green Line is elevated. It crosses through the northwest corner of the property and continues eastward north of the property along 1 020 Atwood Way. The project site is located on a vacant 46.53 -acre site formerly occupied by Rockwell International. On January 2, 2002, the applicant was granted approval for a subdivision (creating 26 separate parcels) to develop a 2,175,000 square foot mixed -use development called Campus El Segundo. The original project approvals included: 1. Environmental Impact Report (EA No. 548) for the project pursuant to the California Environmental Quality Act. 2. The Corporate Campus Specific Plan (SP No. 01 -1) which replaced the Urban Mixed Use North (MU -N) Zone for the property and established specific permitted uses and development standards for the project. 3. A nine -year Development Agreement (DA No. 01 -1) to allow the developer sufficient time to build the project and provide a mechanism for the dedication of a one -acre portion of the property to the City for a Fire Station site and purchase of a five -acre portion of the property by the City for a public park. 4. A General Plan Amendment (GPA No. 01 -2) to amend the Land Use Element of the General Plan to re- designate the project site from Urban Mixed -Use North to the Corporate Campus Specific Plan. 5. An amendment to the Zoning Map (ZC No. 01 -1) to change the zoning for the project site from Urban -Mixed Use North (MU -N) to Corporate Campus Specific Plan (CCSP). 6. An amendment to Section 15 -3 -2 of the El Segundo Municipal Code (ZTA No. 01 -1) to list the proposed Corporate Campus Specific Plan as one of the specific plan zones within the City. 7. An Alcoholic Beverage Control license (AUP No. 01 -1) for the on -site sale and consumption of alcohol in the restaurants and hotels in the project site. 8. Vesting Tentative Tract Map No. 53570 (SUB No. 01 -�) to allow a 26- lot subdivision with parcels ranging in size from 0.52 to 5.83 acres. The staff report prepared for the November 15, 2001, Planning Commission hearing on the original project contains a full project description and provides detailed background of the approvals and other documents which have been developed to implement the overall project (see Exhibit B). Exhibit C (City Council Resolution 4241) contains the original conditions of approval for the subdivision. 2 021 IV. Analysis The proposed project is a one -year extension of a previously approved Vesting Tentative Tract Map and associated approvals that would divide 46.53 acres of land into 26 separate parcels. The parcels would range in size from 0.52 to 5.83 acres and would accommodate up to 2,175,000 gross square feet of building and associated parking. The minimum parcel size complies with the 10,000 square foot lot area minimum specified in the Corporate Qampus Specific Plan. The site plan organization is designed to provide each parcel with access to either one of the existing perimeter streets or one of the proposed private internal roadways. All parcels will have frontage on either a public or private street. Each parcel meets the minimum lot frontage requirement of 100 feet., The project design has an efficient internal roadway system to accommodate traffic circulation within the site. The original approval of the Vesting Tentative Tract Map was designed to "lock in" the policies and regulations in effect at the time of the project approval. However, the approval of an extension to the Vesting Tentative Tract Map is a discretionary action by the Planning Commission. As such, the City has the authority to condition the extension or modify the existing conditions of approval (Exhibit C) as desired. Surrounding Area The surrounding area is developed with mid- and high -rise office buildings with multi -story parking structures to the north. The adjacent land uses to the east include multi -story facilities for Northrop Grumman Corporation. Land uses to the south include a wind tunnel, a United States Post Office, and other smaller industrial, manufacturing, and office buildings. Land uses to the west include numerous light industrial and manufacturing buildings. Surrounding land uses are as follows: 1 Subdivision The City Council approved the original project on January 2, 2002. Pursuant to Sections 14 -1 -12 and 14 -2 -3 of the El Segundo Municipal Code (ESMC), the development rights granted by the approval of the Vesting Tentative Tract Map expires two years following approval of the Vesting Tentative Tract Map unless the applicant requests an extension of the map. Since a referendum election on the project was held on June 18, 2002, state law stipulates that the expiration of 3 0 2'' Land Use Zone North: Office MU -N South: Office, industrial MU -N East: Light Industrial MU -N West: Light Industrial MU -N, M -1 Subdivision The City Council approved the original project on January 2, 2002. Pursuant to Sections 14 -1 -12 and 14 -2 -3 of the El Segundo Municipal Code (ESMC), the development rights granted by the approval of the Vesting Tentative Tract Map expires two years following approval of the Vesting Tentative Tract Map unless the applicant requests an extension of the map. Since a referendum election on the project was held on June 18, 2002, state law stipulates that the expiration of 3 0 2'' the original map is June 18, 2004, the date when the project was upheld by referendum. If this request for an extension is approved, it will be the first one - year extension. The extension would expire on June 18, 2005, unless the applicant requests a second extension or records the Final Vesting Tract Map with the County Recorder's Office. The ESMC allows a maximum of five one - year extensions. General Plan and Zoning The site is designated as the Corporate Campus Specific Plan in the General Plan Land Use Element and Zoning. Each of the 26 parcels meets the 10,000 gross square feet lot area requirement and provides at least 100 -foot lot frontage the minimum required. k The approved Tentative Tract Map for the creation of 26 separate parcels is consistent with the goals, objectives, and policies of the Corporate Campus Specific Plan to promote compatible land uses, to provide a safe, convenient, and efficient circulation system as well accentuate an overall positive identity of the community. Inter - Departmental Comments The project application and plans were not circulated to inter - Departmental staff because no changes are proposed in the development of the project and all Departments reviewed the current development configuration prior to its original approval on January 2, 2002. V. Environmental Review On January 2, 2002, the City Council adopted Resolution No. 4241 certifying the Final Environmental Impact Report (FEIR) for the El Segundo Corporate Campus Project. The project has been delayed due to litigation since January 2002, and there have been no changes to the project or the property since the City Council's certification of the FEIR. The requested extension of the Vesting Tentative Tract Map would merely extend the time period to finalize the map by one year. This extension would not have the potential to create any significant impacts or substantially increase significant impacts previously disclosed in the FEIR. Therefore, it is appropriate for the Planning Commission to rely on the FEIR in considering the extension request. As the City Council previously certified the FEIR, the Commission does not need to certify the FEIR. VI. Conclusion Staff recommends approval of the extension of Vesting Tentative Tract Map No. 53570, and associated project approvals, subject to the conditions contained in Draft Resolution No. 2559. 4 023 VII. Exhibits A. Draft Planning Commission Resolution No. 2559 B. Planning Commission Staff Report, November 15, 2001 C. City Council Resolution No. 4241 D. Application E. Vesting Tentative Map No. 53570 Prepared by: Alexis Schopp, Contract Planner Kimberly Chr}} tensen, AICP, Planning Manager Community, k&nomic and Development Services Jame M. Hansen, Director ,Community, Economic and Development Services PAPlanning & Building Safety \PROJECTS \626- 650 \EA - 632 \EA- 632.sr.doc 5 02 i RESOLUTION NO. 2559 A RESOLUTION ADOPTED BY THE EL SEGUNDO PLANNING COMMISSION REGARDING AN APPLICATION FROM TPG -El SEGUNDO PARTNERS, LLC APPROVING ENVIRONMENTAL ASSESSMENT NO. 632 AND SUBDIVISION ISO. 03 -8 FOR A FIRST EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 53570 FOR PROPERTY AT 700 -800 NORTH NASH STREET. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On December 1, 2003, TPG -El Segundo Partners, LLC filed an application for a one -year extension to Vesting Tentative Tract Map No. 53570; and associated project approvals to allow the continued development rights for the creation of 26 individual parcels; B. TPG -EI Segundo Partners, LLC's application was reviewed by the City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before this Commission for February 12, 2004; E. On February 12, 2004, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by TPG -El Segundo Partners, LLC; and Page 1 of 4 February 12, 2004 025 F. The Commission considered the information provided by City staff, public testimony, and TPG -El Segundo Partners, LLC representatives. This Resolution, and its findings, are made based upon the evidence and testimony presented to the Commission at its February 12, 2004 hearing including, without limitation, the staff report submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Commission finds that the following facts exist: A. The approved project is for the creation of 26 separate parcels on a 46.53 - acre site at 700 -800 N. Nash St. in the Corporate Campus Specific Plan Area; B. The approved proposal complies with all applicable requirements of the Corporate Campus Specific Plan including the minimum lot size and minimum street frontage requirements for the Corporate Campus Specific Plan. All parcels will have frontage on a public street or a private internal roadway; C. The original project approval of the project required City Council approval and certification of an Environmental Impact Report. There have been no changes to the project scope and minor changes in the project setting; however, the net result is less development than was analyzed in the original Environmental Impact Report. Therefore the conclusions of the EIR remain unchanged. D. The subject proposal is to extend the previously approved project covered by the following previous approvals and agreements: Environmental Assessment No. 548, Subdivision No. 01 -5 (Vesting Tentative Tract Map No. 53570), Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, and Administrative Use Permit No. 01 -1 were approved by City Council Ordinance 1345 and City Council Resolution 4241 on January 2, 2002, certifying an Environmental Impact Report for the Campus El Segundo project at 700 -800 N. Nash Street. SECTION 3: Environmental Assessment, The Commission finds that Environmental Assessment No. 632, Subdivision No. 03 -8 and Vesting Tentative Tract Map No. 53570 Page 2 of 4 February 12, 2004 026 were previously analyzed for its environmental impacts and an Environmental Impact Report was certified pursuant to CEQA § 15090; SECTION 4: Notice of Determination. The Director of Community, Economic and Development Services, or designee, is directed to file a Notice of Determination in accordance with Pub. Res. Code §§ 21152, 21167(f); 14 CCR § 15094; and any other applicable law. SECTION 5: General Plan and Zoning. The proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows: A. The Land Use Designation of the project site is Corporate Campus Specific Plan. Moreover, the proposed project is consistent with the City's General Plan Land Use Objective LU4 -4, which encourages mixed use developments; B. The ESMC zoning classification for the project site is Corporate Campus Specific Plan; C. The proposal meets all the site development standards of the Corporate Campus Specific Plan; and D. The proposed Subdivision complies with the applicable provisions of ESMC Chapter 14 -1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered. SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No. 632 and Subdivision No. 03 -8. SECTION 7: This Resolution will remain effective until superseded by \a subsequent resolution. SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to TPG -El Segundo Partners, LLC and to any other person requesting a copy. SECTION 9: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. Page 3 of 4 February 12, 2004 027 SECTION 10: Except as provided in Section 9, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 12th day of February 2004. Phil Mahler, Chairperson City of El Segundo Planning Commission ATTEST: James M. Hansen, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney Page 4 of 4 February 12, 2004 Mahler - Busch - Frick - Funk - Miller Sheehan - (?t'g PLANNING COMMISSION RESOLUTION NO. 2559 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), TPG -EI Segundo Partners, LLC agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 6321 and Subdivision No. 02 -8 ( "Project Conditions "): Miscellaneous Conditions 1. Vesting Tentative Tract Map No. 53570 and associated project entitlements will expire on June 18, 2005, unless a Final Map is approved and recorded or a second extension is requested. 2. Before building permits are issued, the applicant will develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved will be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 3. The developer must develop the property in accordance with the applicable provisions of previously approved City Council Resolution No. 4241 and Ordinance No. 1345. 4. TPG -El Segundo Partners, 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. 632 and Subdivision No. 03 -8. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 632 and Subdivision No. 03 -8, TPG -El Segundo Partners, 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. -I- February 12, 2004 021) By signing this document, TPG -El Segundo Partners, LLC certifies that it has read, understood, and agrees to the Project Conditions listed in this document. TPG -El Segundo Partners, LLC Property Owner {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company) -2- February 12, 2004 030 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: November 15, 2001 SUBJECT: Environmental Assessment No. 548, Specific Plan No. 01.1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570 4 APPLICANT: TPG -El Segundo Partners, LLC PROPERTY OWNER: Federal Express Corporation REQUEST: 2,175,000 Square Foot Mixed -Use Development El Segundo Corporate Campus PROPERTY INVOLVED: 700 and 800 Block North Nash Street (former Rockwell site) I. Introduction The Planning Division has received the above request to approve a Specific Plan and a nine -year Development Agreement between the City and the applicant for a 2,550,000 gross square foot mixed -use project to be located on a vacant 46.53 -acre former Rockwell International property bounded by Nash and Douglas Streets, Mariposa Avenue, and Atwood Way. The property is located in the Urban Mixed -Use North (MU -N) Zone. The project is called the El Segundo Corporate Campus. The proposed project includes approximately 2,000,000 square feet of offices comprising approximately 80 percent of the project. A mix of commercial and industrial uses consisting of approximately 100,000 square feet of R & D /light industrial, 75,000 square feet of telecommunications /web hosting, 153,000 square feet of retail, 82,000 square feet of restaurants, a 20,000 square foot health club, 100,000 square feet of hotel /conference facilities, 10,000 square feet of medical /dental offices, and a 10,000 square foot day care center would comprise a minimum of approximately 20 percent of the total building area. The proposed Corporate Campus Specific Plan (CCSP) would allow a maximum overall floor area ratio (FAR) of 1.15:1, based on a maximum net floor area of 2,350,000 square feet. The CCSP would also allow 031 for alternative mixes of non -office uses within the 20 percent requirement. The current Mixed -Use North (MU -N) Zone allows a 1.3:1 net FAR. The applicant has proposed to revise the size of the project in response to concerns from the community and City staff. The reduced project now being requested for consideration by the applicant represents a 375,000 gross square foot (approximately 15 percent) reduction in project size from that was originally submitted and analyzed in the Draft Environmental Impact Report. The proposed reduced project includes a total gross floor area of 2,175,000 square feet. This includes approximately 1,740,000 gross square feet of offices comprising approximately 80 percent of the project. A mix of commercial and industrial uses consisting of approximately 100,000 gross square feet of research & development/light industrial, 65,000 gross square feet of telecommunications /web hosting, 75,000 gross square feet of retail, 75,000 gross square feet of restaurants, a 19,000 gross square foot health club, 87,000 gross square feet of hotel /conference facilities, 7,000 gross square feet of medical /dental offices, and a 7,000 gross square foot day care center would comprise a minimum of approximately 20 percent of the total building area. The CCSP would also allow for alternative mixes of non -office uses within the 20 percent requirement. The reduced proposed Corporate Campus Specific Plan (CCSP) would allow a maximum overall floor area ratio (FAR) of 0.99:1, based on a maximum net floor area of 2,000,000 square feet. II. Recommendation Planning staff recommends that the Planning Commission review the facts as contained within this report, and adopt Resolution No. 2517 (Exhibit A) recommending that the City Council approve Environmental Assessment No. 548, Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570) with conditions for the reduced project. III. Project Description The following applications are proposed: 1) Environmental Assessment No. 548 (EA No. 548) California Environmental Quality Act (CEQA) - An Environmental Impact Report is proposed for this project pursuant to the requirements of CEQA. The public review and comment period for the Environmental Document extends from September 24, 2001 to November 8, 2001. 2) Specific Plan No. 01 -1 (SP No. 01 -1) - The proposed Corporate Campus Specific Plan (CCSP) would replace the existing Urban Mixed -Use North 2 o34- (MU -N) Zone for the property and establish specific permitted uses and development standards for the project (Exhibit A - Attachment B), 3) Development Agreement No. 98 -1 (DA No. 98 -1) - A nine -year Development Agreement (Exhibit A — Attachment G) is proposed to allow the developer sufficient time to build the project and provide a mechanism for the dedication of a one -acre portion of the property to the City for a Fire Station site and City purchase of a five -acre portion of the property for a public park. 4) General Plan Amendment No. 01 -2 `(GPA No. 01 -2) — A General Plan amendment is requested in order to amend the Land Use Element of the General Plan to re- designate the project site from Urban Mixed -Use North to Corporate Campus Specific Plan. 5) Zone Change No. 01 -1 (ZC No. 01 -1) — An amendment to the Zoning Map is required to change the zoning for the project from Urban Mixed -Use North to Corporate Campus Specific Plan (CCSP). 6) Zone Text Amendment No. 01 -1 (ZTA No. 01 -1) - An amendment to Section 15 -3 -2 of the El Segundo Municipal Code is required to list the proposed Corporate Campus Specific Plan as one of the specific plan zones within the City. 7) Administrative Use Permit No. 01 -1 (AUP No. 01 -1) - An Alcoholic Beverage Control (ABC) license is required for the on -site sale and consumption of alcohol in the restaurant and cafe facilities located throughout the project, as well as in room self service and bars in the hotel rooms. 8) Subdivision No. 01 -5 (SUB No. 01 -5) - Vesting Tentative Tract Map No. 53570. Twenty -six lot subdivision with parcels ranging in size from approximately 0.52- to 5.83- acres. The project site is currently comprised of eight separate legal parcels. All eight applications require review and recommendations by the Planning Commission. The City Council will take final action on all the applications. IV. Background There are currently no entitlements in place for development on the proposed site. On June 25, 1999, the Planning Commission denied a Conditional Use Permit (EA No. 415, CUO No. 97 -4) application for Federal Express Corporation to construct a freight forwarding operation on the entire property. Subsequent to that action, the City Council adopted Ordinance No. 1313 to amend the MU -N Zone to prohibit new freight forwarding uses in MU -N Zone. Staff also reviewed another project similar to the proposed El Segundo Corporate Campus in 2000. The El Segundo Media Center (Environmental 3 d 3� Assessment No. 415), which was an approximately 1,500,000 square foot mixed use project, was withdrawn by the previous applicant prior to a Planning Commission public hearing. On October 25, 2001, the Planning Commission opened the public hearing on the pending applications, took public testimony on the project and continued the public hearing until the November 8, 2001 meeting. On November 8, the Commission reopened the public hearing, took additional testimony and continued the public hearing until a special meeting on November 15, 2001, at 6:00 P.M. V. Analysis Site Description and Surrounding Land Uses The proposed project site, formerly occupied by Rockwell International, is located in the City of El Segundo at the southwestern edge of the Los Angeles coastal basin, approximately 0.5 miles south of the Los Angeles International Airport (LAX). The proposed project site is situated slightly more than one -mile inland (east) from the Pacific Ocean. The City of Los Angeles' territorial boundary is a few blocks to the north of the proposed project site. The proposed project site is bounded by Douglas Street on the east, Nash Street on the west, Mariposa Avenue on the south, and Atwood Way on the north. Additionally, the elevated Metro Green Line runs along the north of the property, turning south across the northwest portion of the property, and continues south along the west side of Nash Street adjacent to the project site. The property is designated by the City of El Segundo General Plan Land Use Element as Urban Mixed -Use North; and, zoned Urban Mixed Use -North (MU -N). The property also is within the Multimedia Overlay (MMO) zone. Rockwell international used the property from 1953 to 1990 to manufacture metals and composite aircraft parts. During that time, numerous buildings and underground storage tanks were located on the site. The proposed project site has remained as level, unimproved land since 1992 when Rockwell International demolished their facilities on the site and remediated the ground contamination that existed on -site. In 1997, the California Environmental Protection Agency issued a determination that no appreciable health, safety or hazard risk remained on the property. Mid- and high -rise office buildings with multi- storied parking structures are located along Imperial Highway, immediately north of the proposed project site, across Atwood Way. These properties are zoned MU -N. Light industrial and office uses predominate in areas southwest of the site. These areas were zoned Heavy Industrial (M -2) and Commercial- Manufacturing (C -M) when originally developed prior to the 1993 zoning change amendment, which re- designated these properties as Urban Mixed -Use Zoning. This 1993 zone change implemented the new land use designations adopted in the 1992 General Plan. These areas are now zoned MU -N and Corporate Office (CO). 4 034 Uses east and southeast of the proposed project site across Douglas Street include multi -story facilities for Northrop- Grumman and the Los Angeles Air Force Base ( LAAFB). These properties were zoned M -1 and M -2 prior to the creation of the Urban Mixed -Use Zoning designation. The LAAFB is currently zoned Public Facilities (P -F). These two developments predate any zoning for the properties on which they are located. An 11 -acre parcel owned by Overton Moore Properties with a 216,000 square foot office and industrial building under construction, the Microcraft Trisonic Wind Tunnel, and various airline industry- related facilities are located immediately south of the site. These properties are also currently zoned MU -N, but were also zoned M -2 prior to the 1993 zone change amendment. Southwest of the site are also a hotel, recreational /sports training facility, and office building built as part of the Grand Avenue Corporate Center (GACC) 23- acre, mixpd -use project approved in 1998. The GACC was approved and developed under the current MU -N Zoning. About a quarter of a mile to the east, across Aviation Boulevard, and two- thirds of a mile to the west across Sepulveda Boulevard are primarily residential uses with pockets of supporting retail and commercial development. Land Use Zone North: Office MU -N South: Office, industrial MU -N East: Light Industrial MU -N West: Light Industrial, Office M -1, MU -N Proiect Characteristics Density The applicant proposes a mixed -use development program that will accommodate a range of uses and building square footage. The uses proposed in the Corporate Campus Specific Plan are consistent with the uses provided in the MU -N Zone and the MMO Zone. The only use excluded from the proposed Corporate Campus Specific Plan that is permitted in the MU -N and MMO zones is drive -thru restaurant uses. The proposed reduced project would permit up to 2.175 million rp oss square feet of built area on approximately 46.53 - grossacres of land. The net floor area, as defined in Section 15 -1 -6 of the El Segundo Municipal Code, would tie a maximum of 2.00 million square feet. Based on the net floor area, the overall development floor -to -area ratio (FAR) for the reduced project would be 0.99:1. The 0.99:1 FAR would exclude the fire station building (approximately 14,400 square feet) and any community buildings (i.e., restrooms, maintenance buildings, snack shop) that would be located on the five - acre park site. For purposes of the proposed project, the FAR would be based on the entire 46.53 -acre site. The land to be dedicated for the fire station, as well 5 035 as the five -acres to be purchased by the City for parkland would not be deducted from the site area for FAR purposes. The Corporate Campus Specific Plan would provide for the transfer of density rights within the plan area. As a result, FARs on individual parcels may range from approximately 0.00:1 to 5.75:1. Eleven of the proposed parcels would have no FAR at all because two parcels (No. 5 and 9) would only contain parking structures, two parcels (No. 1, and 17) would only contain surface parking lots, another three parcels (No. 21, 23, and 26) would contain common open space areas, and four parcels (No. 10, 11, 12, and 13) represent the location of the proposed fire station site and the five -acre recreational site. Any donor parcels for FAR purposes will have covenants recorded stating the maximum FAR permitted on the parcel. However, the Corporate Campus Specific Plan would prohibit the overall FAR to exceed 0.99:1. For reference purposes, the maximum allowed FAR in the MU -N Zone is 1.30:1. The following table provides a breakdown of the proposed uses by parcel: Parcel No. Bldg. No. Acres Office Area R&D/ Telecom. Hotel/ Conf. Retail Area Restaurant Total Area FAR 1 None 0.95 0.00 0.00 2 E, F, G-4 5.83 87,000 44,000 10,000 141,000 0.51 3 3 1.64 187,000 187,000 2.41 4 A 0.72 10,000 10,000 0.29 5 G -1 2.67 0.00 6 1,M 0.87 65,000 7,000 72,000 1.75 7 2, L 1.53 100,000 4,000 8,000 112,000 1.55 8 4 1.36 109,000 109,000 1.69 9 G -2 I 2.81 0.00 0.00 10 Park/Fire Station 1.34 0.00 0.00 11 Park /Fire Station 3.14 0.00 0.00 12 Park /Fire Station 152 t 0.00 0.00 13 Park /Fire Station 0.55 0.00 0.00 14 13 2.31 122,000 122,000 1.12 15 12, K 2.48 212,000 4,000 8,000 224,000 1.91 16 J, G -5 4.66 30,000 12,000 42,000 0.19 6 036 Parcel Bldo. No. Acres Office Area R&D/ Telecom. Hotel/ Gonf, Retail Area Restaurant Total Area FAR No. 17 None 0.52 0.00 0.00 18 1 0.74 6,000 8,000 14,000 0.40 19 9, G 1.83 172,000 9,000 6,000 187,000 2.16 20 10, H 1.77 155,000 4,000 6,000 165,000 1.97 21 None 0.81 0.00 0.00 22 5, B 1.05 279,000 7,000 286,000 5.75 23 None 0.94 0.00 0.00 24 6 1.92 215,000 215,000 2.371 25 11 1.56 289,000 289,000 3.911 26 None 1.01 0.00 0.00 TOTALS 46.53 1,740,000 165,000 87,000 108,000 75,000 2,175,000 0.99 Phasing The proposed project would be built in ten phases over seven years with construction expected to begin in 2002 and completion in 2009. The particular building to be built in each phase would depend on market conditions at the time. Each phase is currently expected to begin approximately 18 months apart. A proposed phasing plan is included in the Draft Environmental Impact Report (Page I1 -11). This project description acknowledges that there are a variety of options and site plan configurations, which may ultimately be developed within the overall development envelope for the proposed El Segundo Corporate Campus Project. The Project Description defines the project as to include several land uses including: office, retail, hotel /conference, telecommunications /web hosting, health club, restaurant, and day care. The Corporate Campus Specific Plan would allow a maximum of 80 percent of the floor area (1,740,000 gross square feet) to be developed with office uses. The remaining 20 percent (435,000 gross square feet) would be required to be non -office uses permitted in the Corporate Campus Specific Plan, s6ch as commercial, retail, and light industrial uses. Such a proportional mix of uses would be consistent with the other projects approved by the City in the MU -N Zone. The Grand Avenue Corporate Center (EA No. 430), the Proficiency Capital seven -story building addition (EA No. 539), and the Douglas Technology Centre (EA No. 530) were all conditioned to require a minimum of 20 percent non -office uses to ensure a mix of uses as required by the zone. 7 037 Fire Station Site The project site would also include a fire station site, approximately 1.0 -acre in size to be dedicated to the City. The final fire station location is yet to be determined. The site is currently depicted on Parcel No. 11 on the southeast corner of the project at the intersection of Douglas Street and Mariposa Avenue. Fire Station No. 2, currently at the corner of Nash Street and El Segundo Boulevard would be relocated to this new location. Park Site The project also includes the City purchase of approximately five -acres of the property (Parcels 10, 11, 12, and 13) in the southeast corner for use as a public recreational facility. The land would be used for such things as soccer and softball fields. The actual design of the recreational facilities and the amenities to be provided would be determined by the Parks and Recreation Commission. Through the Development Agreement, the purchase price of the parkland would be a total of $5,000,000 ($1,000,000 per acre). This equals $22.95 per square foot. The City had an independent appraisal performed, which estimated the fair market value of the land to be $1,880,000 per acre or $37.50 per square foot. Internal Roadways The proposed project would also include the construction of internal roadways to facilitate vehicle and pedestrian movements within and through the property. As depicted on the proposed site plan, a portion of this internal road system would link to the 1 -105 Freeway on -ramp at Atwood Way, another segment would serve as an extension of Maple Avenue, and a portion would intersect with Duley Road on the Mariposa Avenue side of the project site: The Maple Avenue extension ( "A" Street on Tentative Tract Map) and connector road to 1 -105 on ramp at Atwood Way ( "B" Street on Tentative Tract Map) would be designed to meet full public roadway widths defined in the Circulation Element of the General Plan. By constructing these roadways to meet full public roadway standards, the developer would be eligible to offset a portion of the cost of construction against the traffic mitigation fees that would be paid for the project, since these two roadways would improve traffic circulation for the area, in addition to serving the project. The remaining internal private roads would be slightly narrower than public roadway widths and are intended as typical collector roadway that would not tend to serve through traffic. As private roads, the applicant would be required to provide all mbintenance on the roads. The applicant will be required to record public access easements on all the internal private roadways to insure access is provided to all parcels. No parking would be permitted along the internal private roadways. 8 039 Utilities Additionally, to partially offset the potential power needs of the proposed project, an on -site power generation facility may be included in the project. If this component were included, it would occupy a portion of one of the parking structures. Such a power plant would be an approximately 15- megawatt, gas turbine based, combined -cycle cogeneration facility, which would supply power to all of the buildings in the project. The facility would be subject to permitting and regulatory requirements of the South Coast Air Quality Management District. The Draft Environmental Impact Report (Page II -9) contains a more detailed description. If a large telecommunications /web hosting facility is included in the project under the permitted mix of uses, an onsite electrical substation may be required due to the unusually high electricity demands of such uses. The proposed subdivision, which is based on the conceptual site plan, includes 26 separate parcels of land ranging from 0.52- to 5.83- acres. Minimum parcel sizes in the Corporate Campus Specific Plan are consistent with the MU -N Zone. All the proposed parcels would comply with the 10,000 square foot lot area minimum. Each parcel would provide access to either one of the perimeter street public rights -of -way or one of the proposed private internal roadways. The Corporate Campus Specific Plan would not require all parcels to abut public streets, as is the case in the MU -N Zone. All of the internal private roadways will be required to be maintained for public access through the recording of covenants or easements. Parking Parking is proposed to be provided primarily within five on -site parking structures varying from seven to nine levels in height. As indicated on the site plan, each structure would be sized to provide the required parking for the buildings assigned to each structure. A total of 7,453 parking spaces are proposed in the five parking structures. Additionally, 232 surface parking spaces would be provided throughout the site, primarily adjacent to the commercial and restaurant portions of the project. Based upon the parking requirements contained in the Zoning Code, a total of 6,332 parking spaces would be required. A surplus of 1,353 parking spaces is proposed. The actual parking requirements depend on the eventual breakdown of the mix of uses that are constructed. Development Agreemeni The proposed Development Agreement would also require the applicant to provide the required parking for the parkland within adjacent parking structures on the project site on a shared -use basis. By agreeing to this requirement, the City will be saved the cost of construction parking spaces on the park site, saving approximately $7,000- 12,000 per parking space, excluding land costs, and enabling the full five -acres to be devoted to recreational uses. 9 039 The proposed Development Agreement establishes the permitted uses for the proposed project and minimum and maximum floor areas for certain types of uses as well. The proposed Development Agreement sets a nine -year duration of the Agreement, which is consistent with the proposed phasing plan for the project. The developer would also be entitled to request a five -year extension, subject to the approval of the City Council. Typical Development Agreements approved by the City, including the Agreement for the Grand Avenue Corporate Center, have set terms with a similar length. One provision of the Development Agreement provides for the dedication of approximately one -acre of the property to the City for the construction of a planned fire station to replace existing Fire Station No. 2. An exact location for the proposed fire station parcel has not yet been identified. On the concept site plan, it is shown on Parcel No. 11 at the southeast corner of the property. The Development Agreement would allow the applicant to forego payment of the standard $0.14 per square foot fire service mitigation fee in consideration for the dedication of one -acre of land, appraised at approximately $1,880,000. The fire service mitigation fee would have been approximately $304,500. The Development Agreement would allow the applicant to offset a portion of the cost of construction of the Maple Avenue extension and the Atwood Way 1 -105 Freeway on -ramp extension (Streets "A" and "B" on the Tract Map) and other off- site mitigation measures against the Traffic Impact Mitigation Fee that is required. The Development Agreement contains Section 3.1, which stipulates that the Agreement is conditioned on the applicant's acquisition of the property. If TPG -El Segundo, LLC does not purchase the property by January 1, 2006, all entitlements granted as part of the project approval would be voided. The entitlements would not transfer to the current property owner, Federal Express Corporation, or any other party. The City and the applicant have completed negotiations on the substantial issues in the proposed Development Agreement. There may be minor modifications made to the agreement to clarify provisions before the proposal would be presented to the City Council for consideration. All of the provisions of the proposed Development Agreement are recommendations by staff for Planning Commission recommendation and City Council approval. VI. General Plan ConsisteAcy The El Segundo General Plan land use designation for the proposed project is currently Urban Mixed -Use North. This Urban Mixed -Use North designation was originally adopted as the Urban Mixed -Use (MU) designation in 1993 for purposes of changing the future land use patterns to seek a "mixture of office, research and development, retail and hotel uses rather than industrial type uses. 10 040 The Urban Mixed -Use North land use designation is also intended to "allow for the flexibility of uses near the three existing... Green Line transit stations." The proposed project would change the designation of the project site to Corporate Campus Specific plan. This new designation seeks a range of uses, which promote employment and diversity. The proposed project and its consistency with relevant Element Goals, Objectives and Policies of the City of El Segundo General Plan are discussed below. Economic Development The General Plan also contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element. The goal of Objective ED1 -1 is building "support and cooperation among the City of El Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base ". Staff believes the benefits of the development will be shared and supported by all constituencies in the City. Staff believes the proposed project also provides benefits for the applicant with important benefits for the community as a whole. The development will provide significant fiscal benefit to the City. A Fiscal Impact Analysis has been prepared for the project to estimate the fiscal benefits to the City. The analysis is attached to this report (Exhibit B). According to Policy ED1 -1.2, long -run efforts for economic development should focus on "diversification of El Segundo's economic base in order to meet quality of life goals." Staff is of the opinion that the project will add to the diversification of the economic base in the City by providing for a mix of permissible uses and requiring at least 20 percent of the uses be non - office. The proposed telecommunications /web hosting use may serve as a catalyst for other internet related companies to choose El Segundo as a location for their business operations. Objective ED1 -2 also directs diversification of the economic base "on targeted industries that meet the City's criteria for job creation, growth potential, fiscal impact and fit with local resources." The City's Economic Development Advisory Council' (EDAC) prepared a list of targeted industries, which was approved by the City Council. These industries are eligible for certain financial incentives because they meet the criteria described in Objective ED1 -2. The research and development and telecommunications /web hosting uses would be on the list of targeted industries that the City is recruiting in order to meet its diversification efforts. Therefore, the proposed project does meet the diversification criteria established in the General Plan, by the EDAC, and the City Council. Due to the City's tax structure, a significant portion of the fiscal benefit derived from most proposed development would be attributed to the number of employees in a new development. The reduced project is proposed to generate approximately 6,722 full time jobs in El Segundo if developed as proposed. 11 041 Therefore, the project meets the job creation Objective (ED1 -2) in the General Plan. Policies ED1 -2.1 and ED1 -2.2, both seek to promote land uses, which improve the City's retail and commercial tax base. Since the stated purpose of the Corporate Campus Specific Plan Land Use Designation is to provide a mix of compatible commercial, offices, research and development, retail, and hotel uses, it is appropriate to examine the potential fiscal impacts of the proposed project and compare them with other potential uses of the property. This will enable the Commission to determine if the fiscal impact might be similar to land uses, which promote growth and diversification of the tax base. The Fiscal Impact Analysis shows that the fiscal benefits for the City would be consistent with the estimates that were prepared for the Grand Avenue Corporate Center (GACC). The applicant for the proposed project prepared a Fiscal Impact Analysis. The Fiscal Impact Analysis for the proposed project concluded that the project could generate an annual marginal fiscal benefit (project versus existing conditions) of $1,389,100. This compares favorably to the $838,900 marginal fiscal benefit estimated for the GACC (Plan B), which was a similar mixed -use project on half the amount of land (23- acres) as the proposed project. Staff has independently reviewed the assumptions used in the applicant's fiscal impact analysis and agrees that they are consistent with the assumptions used in the City's own fiscal model to determine the revenues and costs associated with the project. The proposed project meets the City's policy of seeking balance between enhanced economic development and available resources and infrastructure capacity (Policies ED1 -2.3 and LU7 -1.2). As adequate resources are currently available within the City to serve the proposed project, as supported by the Draft EIR, a substantial new commitment of resources or infrastructure is not required. The project also proposes several roadway improvements to ensure that the project would not overburden the existing roadway infrastructure. A fire station site will be dedicated to the City to further improve public services. Based on this, staff believes that the proposed project is consistent with Policy ED1 -2.3. Land Use Staff has determined that the project, as proposed and as conditioned, is a mixed -use project, as contemplated by the General Plan. The reduced project would include approximately 108,000 gross square feet of commercial uses such as retail sales and service, day care, health club. Research and development and telecommunications /web hosting would comprise 165,000 gross square feet. There would be approximately 75,000 gross square feet of restaurants. A 87,000 gross square foot hotel is also included in the mix of use in addition to the 1,740,000 gross square feet of office uses. Any combination of these other uses would contribute to a diversification of the mixed -use nature of the project. 12 042 Implementation of the proposed project will meet relevant goals and policies with regard to the Land Use Element. The project would have multiple tenants, retail uses, probably restaurants, and other uses which would "provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impact, and encourage pedestrian environments" as envisioned by General Plan Land Use Objective LU4-4. Staff believes that these characteristics contribute to the mixed -use nature for the project. As conditioned, staff believes that the proposed uses on the 46.53 -acre parcel is a mixed -use project as envisioned in the General Plan for the property provided the non -office use has approximately 435,000 square feet or a minimum of 20 percent of the square footage proposed. The proposed project would provide "high quality retail facilities in proximity to major employment centers" (Objective LU4 -1). The project would "encourage retail uses, where appropriate, on the ground floor of Urban Mixed -Use and corporate gffices..." (Policy LU4 -3.1) and would be a "mixed -use developments within one - quarter mile of the Green Line Stations" encouraged by Policy LU4 - 3.2. Objective LU44 contains a number of Policies, specifically, LU4 -4.3, LU4 -4.4, LU4 -4.6, and LU44.8, which discuss the promotion of mixed -use projects in the Urban Mixed -Use Zone. While the project would change the Urban Mixed -Use North Zone to the Corporate Campus Specific Plan, the mix of uses is consistent with the Mixed -Use North designation. Therefore, the land use policies that apply to the Mixed -Use designation would apply to the project as well. The proximity of the existing Norwalk-El Segundo MTA Green Line stations will encourage employee utilization of this transportation facility and will provide a viable alternative to commuting by automobile. The applicant shall also construct a Bike Station next to the Mariposa -Nash Green Line station (mitigation measure No. B -4) to support alternative commuting (Policies LU4 -3.2, LU4 -3.4, LU4 -4.7, and C3 -1.2, and Objective AQ3 -1). The project has been designed to provide the higher density buildings within a one - quarter mile radius of the Mariposa - Nash Green Line station to facilitate public transit use. Commercial uses have also been concentrated along the west side of the project nearest the Green Line station (LU 4 -4.4 and LU 4 -4.6). The proposed project will be accessible by other public transit (i.e., bus service, and the MTA Blue Line) and provide a shuttle van to the City for expanded public transit uses (mitigation measure No. B -2). As provided in condition of approval No. 6, the proposed project will include landscaping throughout all project areas that will meet coverage requirements of the City (Policy LU4 -1.1 and LU4 -3.6). The proposed project will be required to have strategic safety plans (MM L.1 -2) and a fire life safety plan (MM L.2 -2) in place, as well as a fire station site adjacent to the project (LU 7 -1.1 and LU 7- 1.2). All on -site utilities will be placed underground (LU7 -2.3). The potential cogeneration facility and electrical substation would be incorporated into the building architecture and screened to not detract from the appearance of the project (LU7 -2.5). The El Segundo Municipal Code requires that all health and 13 043 safety Code regulations, as well as all seismic safety, water, noise, and air standards be adhered to (LU4 -1.2 and LU4 -1.4) Circulation The proposed project is consistent with the policies of the City's Circulation Element. Consistent with mitigation measure B -1, B -2, B -3, and B-4, the proposed project provides pedestrian and bicycle access to the site and storage facilities and shower and clothes change facilities (Policies C2 -2.2 and C3 -1.7). The project will have sidewalks around the perimeter, walkways along all the internal roadways, and other internal pedestrian walkways with linkages to surrounding properties and public transit stops (C2 -1.3, C2 -1.6, and C2 -3.3). The proposed project will adhere to any applicable regulations regarding preferential parking areas or promotion of ride share (Policy C2 -5.1). The proposed project will provide sufficient on -site parking and loading (Policy C3 -2.1 and C1 -3.2) as required by the El Segundo Municipal Code. The internal roadways will be a minimum of 37 feet wide, which meets all applicable emergency vehicle access standards (C1 -1.8). Implementation of mitigation measures B -1, B -2, B -3, and B-4 will ensure that pedestrian and bicycle impacts, as well as parking related impacts, as they relate to the General Plan, will be mitigated to less than significant levels. Policies C3 -1.1 and C3 -1.5 of the General Plan require all project - related transportation impacts to be mitigated, where feasible, by the developer, The traffic impact study identified a number of intersections in the City that would require mitigation and identified mitigation measures to address the traffic impacts. However, because two of the proposed mitigation measures are infeasible due to right -of -way constraints, not all traffic impacts can be mitigated to an insignificant level. In order for the City to approve the project with significant impacts, the City Council must adopt a Statement of Overriding Considerations finding that there are positive aspects of the project, that when taken as a whole, outweigh the unavoidable negative environmental impacts. A Statement of Overriding Considerations would indicate that all feasible mitigation measures were incorporated into the project. As an alternative to a Statement of Overriding Considerations, the applicant would have to develop other feasible mitigation measures that could be incorporated into the project as part of the Final Environmental Impact Report and reduce the identified impacts to a level of insignificance. For further analysis of traffic impacts, refer to Section IX of this report. Open Space and Recreation Implementation of the proposed project will meet the policies of the City's Open Space and Recreation Element as it provides recreational facilities, including a health club and walking paths (Policies OS1 -2.3 and OS1 -2.5, OS1 -2.8). Parcel 21, 23, and 26which equal 2.73- acres, would be devoted entirely to passive open space use with a water feature. The reduced project also incorporates five -acres in the southeast corner of the property for public recreational facilities such as 14 044 soccer and baseball fields, which would expand the recreational opportunities for residents and employees in the City (Goal OS1, Objective OS1 -1.1). In accordance with California Government Code § 65402, the location, purpose and extent of the acquisition of the five -acres of parkland is in conformance with the General Plan. Air Quality The implementation of transportation demand management programs, as required by mitigation measures B -1 (TDM measures), B -2 (shuttle bus), B -3 (bike station), B -4 (bike amenities), and B -5 (centralized TMO), and as required by Chapters 15 -16 and 15 -17 of the El Segundo Municipal Code will demonstrate compliance with air quality objectives to encourage alternative commuting strategies (AQ1 -1), reduce vehicle trips (AQ3 -1.1, AQ3 -1.2), and promote non - motorized transportation (AQ4 -1.1). Approximately $3,700,000 in Traffic Impact Mitigation Fees and in lieu mitigation measures are required by City regulation to offset development impacts (AQ5 -1.2) related to the reduced project. The applicant, as required by mitigation measure B -2 (AQ9 -1.3), will provide a shuttle bus to the City to provide transportation to the Green Line and downtown. The applicant has also agreed to provide a second shuttle bus to the City. The proposed project is consistent with the City's policy requiring new developments to meet or exceed SCAQMD requirements for PM -10 emissions (Policy AQ10 -1.3). Mitigation measure M.5 -1 provides that the proposed project will incorporate energy conservation features (i.e., motion - sensitive light activation switches, etc.) consistent with City (Policy AQ12 -1.2). For further analysis of air quality impacts, refer to Section VIII of this report. Noise Implementation of the proposed project, subject to mitigation measures D -1, D -2, and D -3, which address construction hours, equipment mufflers, and construction equipment staging, will be consistent with relevant policies of the City's Noise Element (Policies N1 -2.1 and N1 -3.1). Conservation The proposed project is consistent with the applicable policies of the City's Conservation Element. Specifically, the construction of plumbing to accommodate the use of reclaimed water for irrigation systems, when available, and the application of the City's Water Conservation in Landscape regulations (Title 10- Chapter 2 of the El Segundo Municipal Code), as required by mitigation measure M.2 -1 and M.2 -2 and condition of approval No. 8, 84, 85 and 86, would be consistent and further Policies CN2 -7, CN2 -12. Condition No. 85 requires the use of low -flow water fixtures as required by Policy CN2 -5. The project would provide a comprehensive and coordinated design of the entire project site, including landscape amenities to substantially improve the aesthetic appearance of the site and the surrounding area as encouraged by Policy CN5 -6. 15 045 Pubic Safety Public Safety Element Policy PS6 -1.2 to continue efforts to reduce fire hazards would be furthered by including a one -acre fire station site as part of the proposed project, thereby allowing the relocation of Fire Station No. 2 to a new state -of- the -art facility within the project site. A new fire station located within the project site would also improve already outstanding emergency response times and strengthen the City's ability to respond to earthquake and other emergencies (Policy CN7 -1.4). Hazardous Materials and Waste Management As a re -use of a previously developed industrial site, that has been remediated to the satisfaction of the appropriate regulatory agencies and does not pose any health hazard to employees, patrons or visitors to the site, the project is consistent,with Policy HM3 -1.1 requiring compliance with hazardous materials handling laws. Mitigation measure K -1 will ensure that all future uses of hazardous materials on the project site are handled in accordance with applicable safety regulations. Zoninq Consistency The following table compares the proposed site development standards in the Corporate Campus Specific Plan to the current MU -N Zone and compares the proposed project against the proposed standards. Where specific standards are not provided within the Corporate Campus Specific Plan, the requirements of the El Segundo Zoning Code would apply. CORPORATE MU -N ZONE CAMPUS PROPOSED REQUIREMENTS STANDARDS SPECIFIC PLAN PROJECT Building Area 1.3:1 FAR 0.99:1 overall 0.00:1 to (Floor Area Ratio) 5.75 FAR* Lot Area 10,000 s.f. min. 10,000 s.f. min. 22,651 s.f. min. Street Frontage 100' min. 100' min. 102' min. ** Building Height '175' max. 175' max. 175' max. Setbacks Front 30' min. 15' min. 15' min. * ** Side (Interior) 25' min. 5' min. 5' min. * ** 16 04.6 MU -N ZONE REQUIREMENTS STANDARDS (Street Side) 30' min. Rear (interior) 5' min. (Street Side) 30' min. Landscaping a) Vehicular - 5% of VUA Use Area b) Building - 5' min. perimeter c) Property Fully Landscaped perimeter CORPORATE CAMPUS PROPOSED SPECIFIC PLAN PROJECT * 15' min. 15' min. * ** 5' min. 5' min. * ** 15' min. 15' min. * ** 5% of VUA 5% min. 5' min. 5' min. Fully landscaped Fully Landscaped Parking Spaces 6,322 spaces 6,332 spaces 7,685 spaces * While the overall FAR in the Corporate Campus Specific Plan would not be permitted to exceed 0.99:1, individual parcels within the plan area could exceed 0.99:1 as long as the overall FAR was not exceeded. ** Not all parcels within the Corporate Campus Specific Plan would have street frontage on a public roadway. Parcel No.s 3, 12, 19, 20, 21, 22, 23, 24, 25, and 26 would have a minimum of 100 feet of frontage along one of the internal private roadways. These roadways will be required to be maintained for the required public access to the internal parcels. ** *The Corporate Campus Specific Plan would require setbacks adjacent to the four perimeter public roadways to be a minimum of 15 feet. Additionally a 15 foot setback from all the internal private roadway curbs is proposed. Other interior property line setbacks would be a minimum of 5 feet. Due to the conceptual nature of the proposed plans, and the possibility that the final building locations and configurations may be different than depicted on the proposed site plan, conformance with all of the development standards will be required prior to the issuance of each building permit. 17 0 A f VII. Inter - Departmental Comments INTERDEPARTMENTAL COMMENTS DEPARTMENT COMMENT City Manager' Office None received as of November 9, 2001. The Building Safety Division commented that all buildings located next to parcel lines shall meet the Uniform Building Building Safety Code requirements for exterior wall and opening protection, that geotechnical reports for all buildings will be required, all buildings will require fire sprinklers, accessible path of travel shall be provided between all parcels and structures, and an on -site inspection trailer shall be required for City staff during construction. The Department of Recreation and Parks commented that Recreation and Parks Alternative Project E in the DEIR should indicate the one -acre fire station land would be separate and not included within the five -acre park. The Police Department commented that since the project was still in the conceptual stage of design, specific safety and security recommendations could not be made yet. They also provided a checklist of standard comments related to lighting, Police addressing, entrances, landscaping, door and window hardware, walls, dumpsters, parking areas, ladders, dock areas, security cameras, site directories, pools, telephones, alarms, security personnel, and other security details. The Traffic Division commented on the need for adequate parking, loading dock access, and street ingress and egress. Finance None received as of November 9, 2001 The Fire Department provided comments related to Fire requirements for fire mains and hydrants, emergency vehicle access, automatic fire extinguisher systems, fire alarm systems, high -rise building requirements, exits and exit signs, and possible locations of Fire Station No. 2. Library None received as of November 9, 2001. 18 048 DEPARTMENT COMMENT The Public works Department requested that the Atwood Way median be landscaped and that the power poles along Mariposa, Nash and Douglas Streets be undergrounded by the applicant to improve aesthetics. Traffic comments were related to insuring internal roadways comply with the Americans with Disabilities Act (ADA), verifying that permits from adjacent agencies and Caltrans are required, questioning the feasibility of mitigation measure B -9 to add a Public Works fourth through lane to southbound Sepulveda Boulevard at the intersection of Rosecrans Avenue, commenting on the impact of conversion of Nash - Douglas streets to two -way traffic, recommending elimination of Atwood Way driveways, and requesting analysis of Duley /Mariposa intersection. Other comments pertained to requesting the use of reclaimed water for landscaping, ensuring Congestion Management Plan conformance by balancing debits /credits, and requesting handicap accessibility be reviewed for all public sidewalks. This report incorporates all the interdepartmental comments received as of November 9, 2001 (Exhibit C). Additional comments from public agencies and other interested parties are attached as Exhibit D. As additional comments are received before the November 15, 2001 public hearing, they will be forwarded to the Commission in a Supplemental Staff Report. The City's environmental consultant, Christopher A. Joseph and Associates will provide a list of all revisions to the Draft EIR and written responses to all comments received by November 8, 2001, in the Final EIR prior to review by the City Council. Staff has incorporated all of the Building Safety Manager's comments into the draft conditions of approval. The Police Department's comments have been incorporated by reference into the drat conditions of approval (No. 24) as part of Draft Resolution No. 2517. A strategic security plan, as required by mitigation measures No. L.1 -2, will also address the security issues raised by the Police Department. The Fire Department's comments have been incorporated by reference into condition of approval No. X15. The Department of Public Works commented that Atwood Way should be landscaped and utility poles along Mariposa Avenue, and Nash and Douglas Streets around the project should be placed underground at the applicant's expense to improve aesthetics. The poles are owned by Southern California Edison and the applicant is not required to improve the aesthetics in the public right -of -way. Additionally, the Draft EIR did not identify aesthetics created by the 19 049 project as creating a significant impact on the environment. Therefore, there is no nexus, as required by law, to require the undergrounding of off -site utility poles. Staff has developed a draft condition of approval to address a number of traffic related issues raised by the Public Works Department. Condition No. 54 requires the submittal of a Traffic, Circulation and Parking Plan for each building or project area to ensure implementation of site specific traffic designs that mitigate impacts of the final building designs. This would include warrant studies and deceleration lanes for intersections and driveway access points, including those on Atwood Way. Staff will review the proposed condition to insure that all of the issues raised by the Public Works Department would be addressed in condition No. 54. Condition No. 62 requires City of Los Angeles approval for 1 -105 off - ramp restriping. Draft condition No. 64 is intended to address the conversion of Nash - Douglas one -way couplet to two —way traffic. The Los Angeles County Congestion Management Plan (CMP) requires a full Transportation Impact Analysis (TIA) of the CMP Network when an Environmental Impact Report (EIR) is prepared. Such TIA was prepared and incorporated into the EIR. The project is proposed to be conditioned (condition No. 51) to require the balancing of all CMP debits and credits to insure that the proposed project does not cause the City to become non - compliant with regard to our credit balance. The City could lose Gas Tax revenue from the State if a positive credit/debit balance was not maintained. Condition No. 59 has been drafted to address the construction design and maintenance of the proposed private roadway, as suggested by the Public Works Department. The proposed project includes mitigation measures M.2 -1 and M.2 -2, as well as condition No.s 8, 84, 85 and 86 to require the use of reclaimed water for irrigation, when reclaimed water becomes available. The Department of Public Works has also requested that the existing asphalt concrete paved raised median in Atwood way be landscaped. Staff has incorporated this request into condition No. 6 of the draft resolution No. 2517. VIII. Envirdnmental Review An Environmental Impact Report (EIR) was prepared for this project pursuant to the requirements of CEQA. The City hired the firm of Christopher A. Joseph and Associates (CAJA) to prepare the EIR. The City independently reviewed all work products prepared by CAJA. Pursuant to CEQA requirements, a Notice of Preparation of the Draft EIR was prepared and circulated for public review from May 11, 2001 to June 11, 2001. The public review and comment period for the Draft EIR extends from September 24, 2001 to November 8, 2001. In accordance with the City's local CEQA guidelines (City Council Resolution No. 3805), the Planning Commission is conducting a public hearing on October 25, November 8, and 17, 2001, to take public testimony on the Draft EIR and make recommendations to the City council. Revisions to the Draft EIR, responses to 20 050 comments received from the public by November 8, 2001, as well as written comments from the public, governmental agencies, and other interested parties during the public review period received by November 8, 2001, will be prepared and will be included in the Final Environmental Impact Report (Final EIR). As required by law, the responses to comments received by November 8, 2001 will be distributed to the public who request a copy and all responsible agencies who comment on the Draft EIR 10 days prior to the City Council hearing on the project. The City Council action will be to determine whether or not to certify the Environmental Impact Report and adopt a Mitigation Monitoring and Reporting Program (Exhibit A — Attachment H). The City Council is scheduled to conduct a public hearing on the project on December 4, 2001, The Draft EIR analyzed a larger project than the reduced project currently being proposed by the applicant. The Draft EIR examined the environmental impacts of a project with a maximum permitted FAR of 1.15:1. The reduced project is 15 percent smaller than the project discussed in the Draft EIR. The mix of office commercial, R & D, light industrial, restaurants that are proposed in the reduced project is consistent with the mix of uses studied in the Draft EIR. The Draft EIR studied the impact of a project with 2,000,000 gross square foot of office (approximately 80 percent) and 550,000 gross square feet of non -office uses. The environmental impacts for the proposed reduced project are within the scope of the project studied in the Draft EIR. The discussion below is based on the larger project. More detailed analysis of the net change in impacts for the reduced project will be discussed in the Final EIR. Summary of EIR Conclusions Based on public comments in response to the Notice of Preparation and a review of environmental issues by staff, it was determined that the Draft EIR would analyze the following environmental impact areas: traffic, air quality, noise, geology and soils, cultural resources, hydrology and water quality, aesthetics, land use, pollution /housing /employment, hazardous materials, public services, and utilities. The Draft EIR concluded that all potentially significant project related impacts identified in the Draft EIR, with the exception of traffic and air quality impacts, are at a less than significant level due to the application of relevant City policies and regulations and the imposition of project specific mitigation measures. Table 1 -1 (page 1 -7) of the Draft EIR summarize the potential environmental impacts, the proposed mitigation measures, and the level of significance of each potential impact after mitigation. Below is a discussion of the environmental areas with significant unavoidable impacts. Traffic As part of the Draft EIR, Crain & Associates prepared a Traffic Impact Study to analyze the potential traffic impacts associated with the proposed project. The Study analyzed the project traffic impacts on 28 intersections in the area, and factored in several planned roadway improvements, and other planned and approved projects in the area. These included major projects, such as the 21 051 expansion of Los Angeles International Airport (LAX) and redevelopment of the Los Angeles Air Force Base, which may be very speculative at this point in time. As a result, the traffic study takes a very conservative approach to measuring growth from projects that may affect traffic in the City. Based on the applicant's estimated project completion in the 2009, the future traffic conditions with the proposed project were estimated. The study also examined future traffic conditions with the Nash - Douglas couplet operating as both one -way and two -way streets. The Traffic Impact Study concluded that the forecasted average daily trip generation for the original proposed project would be 24,845, of which 2,563 trips would be in the A.M. peak hour and 3,170`trips would be in the P.M. peak hour. Based on the reduced project, approximately 2,186 trips would be generated in the A.M. and 2,631 in the P.M. The total average daily trips for the reduced project would be approximately 20,013. This would be a 24 percent reduction in average daily trips. For the original project, the Study identified two intersections which would require mitigation during the A.M. peak hour only, two intersections during the P.M. peak hour only and two intersections during and A.M. and P.M. to reduce to insignificance project related impacts with one -way operation. With two -way operation, one intersections in the A.M. peak hour only, three in the P.M. peak hour only, and two in the A.M. and PM. Peak hours were identified with significant deficiencies. An analysis of the cumulative traffic from 28 nearby projects was also conducted to determine the percent contribution of the proposed project to overall /cumulative traffic growth in the area. The study identified 18 intersections that would be significantly impacted by cumulative growth with one -way operations and 19 significantly impacted intersection with two -way operations. It should be pointed out that CEQA does not require a project to mitigate all cumulative growth, only its fare share contribution toward cumulative impacts. Based on the original project, the Draft EIR recommends a number of mitigation measures (B -1 through B -5) to reduce the number of vehicle trips associated with the proposed project and several potential roadway improvement projects (Mitigation measures B -6 though B -14) to improve the traffic flow at the intersections directly impacted by the proposed project. With one -way or two -way operations on the Nash - Douglas couplet, mitigation measures would include intersection improvements at Imperial Boulevard /Sepulveda Boulevard, El Segundo Boulevard /Sepulveda Boulevard. With one -way operation of the Nash Douglas couple, ramp modifications to 1 -105 off -ramp at Nash Street, and on -ramp and intersection modifications to the 1 -105 on -ramp at Atwood Way would be required. With two -way operations of the Nash - Douglas couplet, intersection modifications at the 1 -105 on -ramp at Atwood Way and improvements at the intersection of El Segundo Boulevard /Douglas Street would be needed. However, the study concluded that proposed mitigation measures B -9 and B -10, which affect the intersections of Sepulveda Boulevard /Rosecrans Avenue and Rosecrans Avenue /Aviation Boulevard, were not feasible due to right -of -way acquisition requirements that are not possible due to the location of existing buildings or structures. As a result, significant unavoidable project related traffic 22 0 5 `' impacts would remain at these intersections. The proposed mitigation measures at the other identified impact intersection would reduce the traffic impacts to insignificant levels. The Final EIR will include an analysis of the need for all the identified mitigation measures for the reduced project. Additionally, since the final design of the project has not been developed, staff has drafted condition No. 54 to require the submittal of a Traffic, Circulation and Parking Plan prior to the issuance of each building permit to ensure that site specific traffic issues have been fully evaluated. This condition will also be used to determine at what point specific off -site Improvements or mitigation measures must be implemented. Since the precise mix of land uses may differ from those described above, Condition No. 28 would institute a trip cap based on trip generation identified in the EIR. The trip cap would limit the number of project generated vehicle trips to 20,013 per day based on the reduced project. This would insure that no matter the mix of commercial and office uses that are ultimately feveloped on the project site, the traffic impacts would not exceed the levels evaluated in the EIR. Air Quality According to the Draft EIR, the originally proposed project will have negative air quality impacts associated with project related mobile source emissions and microscale Carbon Monoxide emissions. When comparing the proposed emissions from mobile sources associated with the proposed project to the South Coast Air Quality Management's (SCAQMD) significance thresholds for criteria pollutants, the EIR concluded that the project would exceed the thresholds for Reactive Organic Compounds (ROC) and Nitrous Oxides (NO,,) at partial buildout in 2005. At full buildout of the project in the year 2010, Carbon Monoxide (CO) would also exceed SCAQMD thresholds. Because the degree of "excess" emissions substantially exceed the strict SCAQMD limits, the Draft EIR concluded that there was little potential for any mitigation measures to reduce the projects mobile emissions. As a result, the project's impacts will remain significant and unavoidable. At this point, staff does not believe that the reduced project would eliminate the significant impact due to the 15 percent reduction in project size. The Draft EIR concluded that the originally proposed project would exceed the state eight -hour microscale CO "hot spot" exposure limits of 20 parts per million (ppm) at four intersections due to the project traffic volumes. Additionally, the cumulative effects of the approved project identified in the Draft EIR, in combination with the proposed projects' would be cumulatively significant for both the State one -hour and eight -hour CO "hot spot" standards. The cumulative one -hour impacts would affect three intersections in the P.M. peak hour only and the cumulative eight -hour impacts would affect four intersections. Therefore, there are significant individual and cumulative impacts for CO microscale "hot spots ". However, the Draft EIR was not able to identify any feasible mitigation measures available that would reduce the project related eight -hour significant impact or the cumulative impacts. As a result, these impacts would remain 23 053 significant and unavoidable. While the reduced project would lower these impacts, the impacts may remain unavoidable and significant with the reduced project. New "hot spot" analysis is being conducted and will be included in the Final EIR. As indicated above, the Draft EIR identifies significant project related traffic impacts at two intersections and significant air quality impact that cannot be mitigated to a less than significant level. In such cases, CEQA requires that the project cannot be approved unless special findings of overriding concerns can be made by the City Council. CEQA Section 16093(a) states: "CEQA requires the decision making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable "." Unless the project is modified by the applicant to avoid the significant impacts, a Statement of Overriding Considerations must be adopted by the City Council stating the specific reasons why the project's benefits outweigh its significant environmental impacts. Based on the consistency of the project with the General Plan as described earlier, the dedication of a fire station site, the inclusion of a public recreational component, the public use of internal roadways, the creation of approximately 6,722 jobs, and the other economic and social benefits that will derive to the City, and the nature of the unavoidable impacts, subject to any modifications or revisions to the project that may be included in the Final EIR, staff recommends that the Planning Commission find that the overriding benefits of the project outweigh the environmental impacts and recommend to the City Council adoption of a Statement of Overriding Consideration as required by CEQA. Cumulative Impacts The Draft EIR also identified three cumulative impacts, to which the proposed project would contribute. In each of the cases, the project impact is insignificant but cumulatively considerable when the impacts of other future planned projects are also considered. Traffic noise impacts at a number of intersections in the project area would exceed the established three - decibel increase threshold (page IV.D -12 of Draft EIR). Traffic noise is directly related to traffic volume. The traffic noise levels from the project alone do not create a project specific noise impact. However, when combined with the traffic noise levels associated with other known projects, the traffic noise level would exceed the established threshold. Therefore, the project would contribute to a unavoidable cumulative impact. The reduction in the 24 054 size of the proposed project could reduce the number of impacted intersections, due to the reduction of trips associated with the reduced project size. New traffic noise analysis is being conducted and will be included in the Final EIR. Based on the disparity between projected job growth and housing construction, the Draft EIR concluded that the proposed projects incremental contribution to growth and housing demand would be cumulatively considerable, resulting in a significant cumulative impact. There are no feasible mitigation measures available to reduce the cumulative regional impact. Finally, the Draft EIR also concluded that the project would contribute to a significant cumulative impact on solid waste disposal capacity caused by regional growth. There are no feasible mitigation measures available to reduce the cumulative regional impact. IX. Application Findings In order to approve the project, the City Council must take certain actions related to the proposed project. The Planning Commission's responsibility is to make recommendations to the City Council related to the CEQA, Specific Plan, Development Agreement, Administrative Use Permit, Zone Change, Zone Text Amendment, General Plan Amendment, and Subdivision applications. The required findings for each of the applications is attached as Exhibit E. A detailed discussion of each required finding is provided below. CEQA Findings 1. The Draft EIR was completed in compliance with CEQA; (Section 15090) An Environmental Impact Report (EIR) was prepared for this project pursuant to the requirements of CEQA. A Notice of Preparation of the Draft EIR was prepared and circulated for public review from May 11, 2001 to June 11, 2001. The public review and comment period for the Draft EIR extends from September 24, 2001 to November 8, 2001. A Notice of Completion was filed with the State Clearinghouse on September 24, 2001. 2. The�Final EIR will be presented to the City Council, which will review and consider information contained in the Final EIR before approving or denying the project; (Section 15090). Pursuant to City CEQA Regulations, the Final EIR will be prepared, distributed, and presented for City Council approval. 3. The record on which the Commission's findings are based is located at the Department of Planning and Building Safety, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of the record is the Director of Community, Economic and Development Services. (Section 15091). 4. The Final EIR will reflect the City's independent judgment and analysis (Section 15090). The Planning Commission has independently reviewed and 25 055 analyzed the Draft EIR prepared for the Project. This Draft EIR is an accurate and complete statement of the potential environmental impacts of the project. The Draft EIR reflects the independent judgment of the City. The Final EIR will be prepared under the direction of the City of El Segundo Department of Community, Economic and Development Services and will reflect the independent judgment and analysis of the environmental impacts and comments received on the Draft EIR. 5. Changes or alterations have been required in, or incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (Section 15091). The reduction of the project from 2.55 million gross square feet to 2.00 million gross square feet will lessen potential impacts of the proposed project. Any further potential changes or alterations to the project or proposed mitigation measures will be addressed and analyzed in the Final EIR. 6. The lack of available right -of -way required to implement mitigation measures B -9 and B -10 (intersections of Sepulveda Boulevard /Rosecrans Avenue and Rosecrans Avenue /Aviation Boulevard, respectively) make these mitigation measures infeasible. All project alternatives, with the exception of Alternative E (Park Alternative) in the Draft EIR, are infeasible because they do not meet the project objectives identified in the Draft EIR and the Corporate Campus Specific Plan (Section 15091). 7. The Draft EIR was made available for public review and comment in the time and manner prescribed by CEQA. The Draft EIR concluded that with mitigation the proposed project will not have a significant, adverse effect on the environment, with the exception of unavoidable traffic and air quality impacts; 8. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment Specific Plan Findings 9. The Corporate Campus Specific Plan is consistent with the General Plan. The proposed Corporate Campus Specific Plan is consistent with the permitted uses and allowed density permitted elsewhere in the General Plan and is consistent with the Urban Mixed -Use North Zone that it is replacing. The proposed Corporate Campus Specific Plan addresses all the required infrastructure needed to service the plan area and all services are available to support the development. General Plan Amendment Findings 10.Since approving a specific plan is a legislative act, there are no required 26 0 56 findings for a General Plan Amendment. However, an amendment must be internally consistent with the rest of the General Plan. The proposed General Plan Amendment is necessary to carry out the proposed project because the proposed Corporate Campus Specific Plan would change the land use designation from the property from Urban Mixed -Use North to Corporate Campus Specific Plan. The permitted uses and allowed density in the new Corporate Campus Specific Plan land use designation are consistent with Urban Mixed -Use North land use designation. The proposed land use designation is also consistent with all the buildout assumptions in the General Plan. Therefore, it would not conflict with any other elements of the General Plan. Zone Change Findings 11.The proposed Zone Change is necessary to carry out the proposed project because the proposed Corporate Campus Specific Plan would change the zoning classification from the property from MU -N to CCSP. The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land uses designation of Corporate Campus Specific Plan. Without the Corporate Campus Specific Plan, the project objective of allowing flexible parcel floor area ratios within the overall plan area of 0.99:1 would not be possible. Flexible floor area ratios on individual parcels would allow density to be concentrated on certain parcels near the Mariposa -Nash Metro Green Line Station to promote public transit use, thereby promoting less lot coverage and more open space on other parcels within the specific plan area. Zone Text Amendment Findings 12.The proposed Zone Text Amendment is necessary to carry out the proposed project because the proposed Corporate .Campus Specific Plan would change the zoning classification from the property from MU -N to CCSP. Without the Corporate Campus Specific Plan, the project objective of allowing flexible parcel floor area ratios within the overall plan area of 0.99:1 would not be possible. An amendment to Section 15 -3 -2 of the ESMC to list the CCSP as a specific plan within the City is necessary for consistency with the General Plan. Development Agreement Findings 13.As set forth is Section VI above, the project is consistent with the objectives, policies, general lands uses, and programs specified in the general plan and the proposed Corporate Campus Specific Plan. In addition, the Development Agreement would provide the following public benefits in exchange for valuable development rights (nine -year entitlement): (a) Development of a property that is currently vacant and unused. (b) Increasing and further stabilizing the City's tax base through development of new commercial businesses. 27 0 57 (c) Increase in employment opportunities for the City's citizenry. (d) Increasing City revenues through the generation of taxes that outweigh the City cost of services. (e) Development of a project that will increase the use of the MTA Green Line. (f) Development of a project that is consistent with the elements of the General Plan. (g) Dedication of a one -acre site for the relocation of Fire Station No. 2. (h) Contribution of one or more shuttle vans to the City for the expansion of City operated public transit routes. (i) Construction of a Bike Station adjacent to the Nash - Mariposa Green Line Station. Q) Acquisition of approximately five -acres of land for public recreational facilities at below market costs. (k) Parking for the public park site would be provided by the applicant, thereby reducing the City's development costs for the construction of a park site. (1) The project would reduce the maximum permitted floor area ratio on the property from 1.3:1 to 0.99:1. 14.The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed project includes a specific plan, which establishes the permitted uses and development standards that would apply to the project. These uses and development standards are similar and compatible with the existing uses and standards permitted in the current MU -N zoning on the property. 15.The project is in conformity with the public convenience, general welfare and good land use practice, as described in Section 1X.12. above. The proposed reduced project permits a lower floor area ratio than allowed under the existing MU -N zoning (0.99:1 vs. 1.3:1). The project would facilitate constructing a new fire station, through the dedication of land. The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the northeast quadrant of the City by providing a broad range of commercial uses. i 16.The project will not be detrimental to the health, safety and general welfare. As established in Section VIII of this report, the proposed project will not create any negative environmental impacts, with the exception of traffic impacts at two already congested intersections and air quality impacts due to mobile sources. They City Council is responsible for determining if there are overriding considerations, which outweigh the identified unavoidable environmental consequences of the project. 17.The project will not adversely affect the orderly development of property or the preservation of property values. The proposed Corporate Campus Specific Plan and development agreement will ensure that the project will be 2a 058 developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occur. Based upon our review, it is the opinion of staff that the Planning Commission should recommend that the City Council make the findings outlined above related to the proposed Development Agreement. The project is consistent with the purposes of the proposed Corporate Campus Specific Plan and the current MU -N Zone, and it is compatible with its surrounding developments. The project will promote public convenience, general welfare, and good land use practice, will not create any unmitigated environmental impacts which would be injurious to the health, safety and general welfare of the community, and would serve to improve property values in the area by providing a long -term master plan for the project site. Each Finding is contained in Draft Resolution No. 2517 and is supported by substantial evidence as noted in the Resolution. Subdivision Findings 18.The proposed Vesting Tentative Tract Map No. 53570 is consistent with applicable general and specific plans as specified in Government Code § 65451. Each proposed lot will be consistent with the minimum lot size and minimum street frontage requirements proposed in the Corporate Campus Specific Plan. All parcels will have frontage on a public street or a private internal roadway. 19.The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Each proposed lot would be consistent in size and lot frontage as other parcels in the surrounding area. 20.The site is physically suitable for the type of development. The vacant 46.53 - acre parcel of land is generally flat and has been graded following the demolition of the previous development on the site. The proposed project is physically accessible by existing streets and the MTA Green Line. 21. The site is physically suitable for the proposed density of development. While the floor area ratio of two of the proposed 26 parcels would have densities exceeding 3.0:1, due to the requirement that the overall FAR in the proposed Corporate Campus Specific Plan not exceed an overall FAR of 0.99:1, the density of individual parcels will not be detrimental to the overall project or the surrounding area. 22.The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project is located in a built out urban environment with no threatened fish or wildlife habitats located on the project site. The project was also previously developed with light industrial uses from 1953 to 1990. The proposed layout of the development does not contribute to the unavoidable significant traffic and air quality impacts identified in the Draft EIR. With the implementation of the appropriate 29 059 mitigation measures, the proposed subdivision will not cause any significant environmental impacts, with the exception of unavoidable traffic and air quality impacts. Those mitigation measures identified in the Draft EIR have been incorporated into the Mitigation Monitoring and Reporting Program. 23. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The size and shape of all lots will protect public health. The proposed internal roadway to serve the subdivision will be designed to provide safe and efficient vehicle and pedestrian movements throughout the project site. Subdivision improvements will be required to comply with the Americans with Disabilities Act. 24.The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The project applicant will relocate or build goer the exiting sewer easement on the property. The MTA aerial easement will not be disturbed by the design of the proposed project. The project will also include a system of private internal roadways to provide public access to all the buildings throughout the subdivision. Administrative Use Permit Findings 25.There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. The on -site sale and consumption of alcoholic beverages is consistent with restaurants and hotels facilities. Most, if not all of the restaurants and hotels in the northeast quadrant of the City, permit the on -site sale and consumption of alcohol. 26. The proposed use is consistent and compatible with the purpose of the zone in which the site is located. The on -site sale and consumption of alcohol is compatible with restaurants and hotels, which are permitted uses in the proposed Corporate Campus Specific Plan. 27. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity through the implementation of Condition No. 12. The on -site sale and consumption of alcohol would be permitted at indoor and outdoor dining establishments, subject to the approval of licenses to sell alcohol issued by the State Departmenbof Alcohol Beverage Control (ABC). 28. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. There would be no adverse environmental impacts associated with the on -site sale and consumption of alcohol. 30 060 29.The State Department of Alcohol Beverage Control will issue a license to sell alcohol to the applicant. The City will require evidence that all establishments have alcohol licenses issued by ABC prior to commencement of on -site sale of alcohol. X. Conclusion Staff recommends that the Planning Commission recommend that the City Council approve the proposed reduced project, subject to the conditions contained in Draft Resolution No. 2517. Xi. Exhibits A. Draft Planning Commission Resolution No. 2517 A. Conditions of Approval B. Draft Corporate Campus Specific Plan C. Land Use Element Text Change D. Land use Element Exhibit LU -3 E. Land Use Map F. Zoning Map G. Draft Development Agreement a) Property Description b) Assignment and Assumption Agreement c) Tentative Phasing Plan d) Development Fee Schedule e) Purchase and Sale Agreement H. Mitigation Monitoring and Reporting Program B. Fiscal Impact Analysis C. Interdepartmental Comments D. Public Agency and Other Comments E. Required Findings F. Applications G. Plans H. Draft EIR (Distributed separately on September 27, 2001) Paul Garry, Senior Plan i i` J mes M. Hansen, Director C rnra nity, Economic, and Development Services PAPlanning & Building Safety \PROJECTS \526 - 550 \Ea - 548 \EA- 548.SR ver.4.doc 31 061 062 RESOLUTION NO. 4241 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM TPG -El SEGUNDO PARTNERS, LLC CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 548, SPECIFIC PLAN NO. 01 -1, DEVELOPMENT AGREEMENT NO. 01 -1, GENERAL PLAN AMENDMENT NO. 01 -2, ZONE CHANGE NO. 01 -1, ZONE TEXT AMENDMENT NO. 01 -1, ADMINISTRATIVE USE PERMIT NO. 01 -1, AND SUBDIVISION NO. 01 -5 (VESTING TENTATIVE TRACT NO. 53570) FOR THE EL SEGUNDO CORPORATE CAMPUS PROJECT. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On May 3, 2001, TPG -El Segundo Partners, LLC, filed an application for Environmental Assessment No. 548, Development Agreement No. 01 -1, Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570) to develop a vacant 46.53 -acre vacant property bounded by Atwood Way, Douglas Street, Mariposa Avenue, and Nash Street for a 2,500,000 gross square foot mixed -use project, to permit the on- site sale and consumption of alcohol at restaurants and hotels in the project site, and to divide the property into 26 separate lots. B. On July 26, 2001, TPG -EI Segundo Partners, LLC, filed an application for General Plan Amendment No. 01 -2 and Zone Change No. 01 -1 to amend the land use designation for the property from Urban Mixed Use -North to Corporate Campus Specific Plan and to amend the Zoning Map to change the zoning from Urban Mixed -Use North (MU -N) to Corporate Campus Specific Plan (CCSP). C. On September 26, 2001, TPG -El Segundo Partners, LLC, filed an application for Specific Plan No. 01 -1 to adopt a specific plan (Corporate Campus Specific Plan — CCSP) for the property establishing permitted uses and development standard that would supersede the existing MU -N zoning on the project site. D. On October 12, 2001, TPG -EI Segundo Partners, LLC, filed an application for Zone Text Amendment No. 01 -1 to amend El Segundo Municipal Code ( "ESMC ") § 15 -3 -2 by listing the proposed Corporate Campus Specific Plan as one of the specific plan zones within the City. E. TPG -EI Segundo Partners, LLC's, application and supporting evidence was reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the ESMC. F. 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). RESOLUTION NO 4241 APPROVINC7 EA -548, SP 01 -1, DA 01, GPA 0[-2, ZC 01 -1, ZTA 01 -1, AUP 01 -1, SUE 01 -5 112102 PAGE NO I 063 G. The Department of Community Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for October 25, 2001. H. On October 25, November 8, 15, and December 6, 2001, the Planning Commission held duly advertised public hearings in the Council Chamber of the El Segundo City Hall, 350 Main Street to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by TPG -E1 Segundo Partners, LLC. The Planning Commission considered the information provided by, without limitation, City staff, public testimony, and TPG -El Segundo Partners, LLC. The Planning Commission adopted Resolution No. 2517 recommending approval of the proposed project. That Resolution, and its findings, were made based upon the evidence presented to the Commission at its October 25, November 8, 15, and December 6, 2001 hearing including, without limitation, the staff reports submitted by the Department of Community Economic and Development Services. J. On December 18, 2001, the City Council held duly advertised public hearing in the Council Chamber of the El Segundo City Hall, 350 Main Street to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the city Council by TPG -E1 Segundo Partners, LLC. K. The City Council considered the information provided by, without limitation, City staff, public testimony, and TPG -El Segundo Partners, LLC. This Resolution, and its findings, are made based upon the evidence presented to the Planning Commission at its October 25, November 8, 15, and December 6, 2001; and, at the City Council hearing on December 18, 2001, including, without limitation, the staff reports submitted by the Department of Community Economic and Development Services. SECTION 2: Factual Findings. The City Council finds that the following facts exist: A. The proposed project as originally submitted was to have included approximately 2,000,000 gross square feet of offices. A mix of commercial and industrial uses consisting of approximately 100,000 gross square feet of research & development/light industrial, 75,000 gross square feet of telecommunications /web hosting, 153,000 gross square feet of retail, 82,000 gross square feet of restaurants, a 20,000 gross square foot health club, 100,000 gross square feet of hotel /conference facilities, 10,000 gross square feet of medical /dental offices, and a 10,000 gross square foot day care center wouI4 comprise a minimum of approximately 20 percent of the total building area. The originally proposed floor area ratio would be 1.15:1. B. Through negotiations with staff, the applicant proposed to reduce the size of the project. The proposed reduced project includes approximately 1,740,000 gross square feet of offices comprising approximately 80 percent of the project. A mix of commercial and industrial uses consistingtof approximately 100,000 gross square feet of research & development/light industrial, 65,000 gross square feet of telecommunications /web hosting, 75,000 gross square feet of retail, 75,000 gross square feet of restaurants, a 19,000 gross square foot health club, 87,000 gross square feet of hotel /conference facilities, 7,000 gross square feet of medical /dental offices, and a 7,000 gross square foot day care center would comprise a minimum of approximately 20 percent of the total RESOLUTION NO 4241 APPROVING EA -548, SP 01 -1, DA 01, GPA 01 -2, ZC 01 -1, ZTA 01 -1, AUP 01 -I, SUB 01 -5 1/2/02 PAGE NO 2 064 building area. The CCSP would also allow for alternative mixes of non -office uses within the 20 percent requirement. C. The proposed reduced project would permit up to 2.175 million rg oss square feet of built area on approximately 46.53 acres of land. The reduced project represents a 375,000 gross square foot reduction (approximately 15 percent) in project size from that originally submitted. The net floor area, as defined in ESMC § 15 -1 -6, would be a maximum of 2.00 million square feet. Based on the net floor area, the overall development floor area ratio (FAR) would be 0.99:1. The 0.99:1 FAR would exclude the fire station building (approximately 14,400 square feet) and any community buildings (i.e., restrooms, maintenance buildings, snack shop) that would be located on the five -acre park site. For purposes of the proposed project, the FAR would be based on the entire 46.53 -acre site. The land to be dedicated for the fire station and "A" and "B" Streets, as well as the five - acres to be purchased by the City for parkland would not be deducted from the site area for FAR purposes. The Specific Plan would provide for the transfer of density rights within the plan area. As a result, FARs on individual parcels may range from approximately 0.00:1 to 5.81:1. Eleven of the proposed parcels would have no FAR at all because two parcels (No. 5 and 9) would only contain parking structures, three parcels (No. 1, 13, and 17) would only contain surface parking lots, another three parcels (No. 21, 23, and 26) would contain only common open space areas, and three parcels (No. 10, 11, and 12) represent the location of the proposed fire station site and five acre recreational site. Each parcel will have a covenant recorded stating the maximum FAR permitted on the parcel. However, the Specific Plan would prohibit the overall FAR to exceed 0.99:1. D. The property is designated by the City of El Segundo General Plan Land Use Element as Urban Mixed -Use North; and, Zoned Urban Mixed Use -North (MU -N). The property also is within the Multimedia Overlay (MMO) Zone. E. The proposed project site, formerly occupied by Rockwell International, is located in the City of El Segundo at the southwestern edge of the Los Angeles coastal basin, approximately 0.5 miles south of the Los Angeles International Airport (LAX). The proposed project site is situated slightly more than one -mile inland (east) from the Pacific Ocean. The City of Los Angeles' territorial boundary is a few blocks to the north of the proposed project site. The proposed project site is bounded by Douglas Street on the east, Nash Street on the west, Mariposa Avenue on the south, and Atwood Way on the north. Additionally, the elevated Metro Green Line runs along the north of the property, turning south across the northwest portion of the property, and continues south along the west side of Nash Street adjacent to the project site. F. Rockwell International used the property from 1953 to 1990 to manufacture metals and composite aircraft parts. During that time, numerous buildings and underground storage tanks were located on the site. The proposed project site has remained as level, unimproved land since 1992 when Rockwell International demolished their facilities on the site. t G. Several dozen underground storage tanks (UST's) and /or pits were used by Rockwell in the operation of the plant. Rockwell began removing the UST's and closing pits in the late 1980s under the supervision of the Los Angeles County Department of Public Works (LACDPW). In the early 1990s, a site wide investigation was conducted to determine if the past use of the property had impacted the project site. Remedial activities at this RESOLUTION NO 4241 APPROVING EA -548, SP OI -1, DA 01, GPA 01 -2, ZC01 -1, ZTA 01 -1, AUP 01 -1, SUB 01 -5 112/02 PAGLNO -J 065 time consisted of excavating contaminated soil, as required by the LACDPW. Groundwater and soil contaminated with volatile organic compounds (VOCs) and petroleum hydrocarbons were discovered in 1994 at the southwest corner of the project site. Although much of the impacted soil was excavated from the project site, VOC contaminated soil and groundwater were permitted to be left in place by the appropriate State agencies. A subsequent risk assessment based upon conservative residential exposure scenarios determined that the contamination left in place did not present a significant threat to human health or the environment. The Los Angeles Regional Water Quality Control Board (LARWQCB), California Department of Toxic Substance Control (DTSC) and the LACDPW have all been involved with remedial activities at the project site. These agencies have determined that the site is safe to use for any type of development, which would include recreational facilities. None of the agencies has requirements for further investigation at this time. Based on this information, no further action or investigation is required at this time concerning the historical use of the project site and there is no evidence to indicate that use of any portion of the property would expose anyone to contaminated soil. Thus, the park can be safely located on any portion of the project site, including the southeast or southwest corner. H. The proposed project would be built in ten phases over seven years with construction expected to begin in 2002 and completed in 2009. The particular building to be built in each phase would depend on market conditions at the time. Each phase is currently expected to begin 18 months apart. A proposed phasing plan is included in the Draft Environmental Impact Report (Page II -11). I. The specific plan would allow a maximum of 80 percent of the floor area (1,740,000 gross square feet) to be developed with office uses. The remaining 20 percent (435,000 gross square feet) would be required to be non - office uses permitted in the Specific Plan, such as commercial, retail, and light industrial uses. J. A minimum of 20 percent of each phase that is developed will be required to be non - office to ensure the balance between office and non - office is maintained as development progresses. Section 6.2 of the Development Agreement provides a deferral of the first 50,000 square feet of non- office floor area in consideration for the dedication of the one - acre fire stations site. An additional 150,000 square foot deferral of non - office uses in consideration for the sale of the park site has also been negotiated between the City and the applicant to be applied to any phase of development at the applicant's discretion. As a result, up to 1,000,000 square feet of office floor area could be constructed before the requirement that non - office floor area be constructed if the applicant chooses the full amount of deferral at the beginning of the project. K. The Corporate Campus Specific Plan is consistent with the Multimedia Overlay (MMO) zone. The entertainment related uses permitted in the MMO Zone are incorporated into the Specific Plan as permitted uses. Additionally, the Specific Plan is limited to a maximum of 2,175,000 square feet of total development in the Specific Plan area regardless of the type of use. L. The proposed project would also include the construction of private internal roadways to facilitate vehicle and pedestrian movements within and through the property. As depicted on the proposed site plan in the Specific Plan, a portion of this internal road system would link to the 1 -105 Freeway on -ramp at Atwood Way, another segment would serve as an extension of Maple Avenue, and a portion would intersect with Duley Road on the RESOLUTION NO 4241 APPROVING EA -548, SP 01 -I, DA 01, GPA 01 -2, ZC 01 -1, ZTA 0I -I, AUP 01 -I, SUB 01 -5 1/2/02 PACE NO.4 066 Mariposa Avenue side of the project site. As private roads, the applicant would be required to provide all maintenance on the roads. No parking would be permitted along the internal private roadways. M. To partially offset the potential power needs of the proposed project, an on -site power generation facility may be included in the project. If this component were included, it would occupy a portion of one of the parking structures. Such a power plant would be an approximately 15- megawatt, gas turbine based, combined -cycle cogeneration facility, which would supply power to all of the building in the project. N. If a large telecommunications /web hosting facility is included in the project under the permitted mix of uses, an on -site electrical substation may be required due to the unusually high electricity demands of such uses. O. The proposed subdivision, which is based on the conceptual site plan, includes 26 separate parcels of land range from 0.52 to 5.83 acres. Minimum parcel sizes in the Specific Plan are consistent with the MU -N Zone. All the proposed parcels would comply with the 10,000 square foot lot area minimum. Each parcel would provide access to either one of the perimeter street public rights -of -way or one of the proposed private internal roadways. The Specific Plan would not require all parcels to abut public streets, as is the case in the MU -N Zone. All of the internal private roadways will be required to be maintained for public access through the recording of covenants or easements. P. The Maple Avenue extension ( "A" Street on the Vesting Tentative Tract Map) and connector road to 1 -105 on ramp at Atwood Way ( "B" Street on the Vesting Tentative Tract Map) would be designed to meet full public roadway widths defined in the Circulation Element of the General Plan. By constructing these roadways to meet full public roadway standards, the Development Agreement would allow the applicant to be eligible to offset a portion of the cost of constructing these roadways and other off -site mitigation measures against the traffic mitigation fees that would be paid for the project, since these two roadways would improve traffic circulation for the area, in addition to serving the project. The remaining internal private roads would be slightly narrower than public roadway widths and are intended as typical collector roadway that would not tend to serve through traffic. As private roads, the applicant will be required to provide all maintenance on the roads. The applicant will be required to record public access easements on all the internal private roadways to insure access is provided to all parcels. No parking would be permitted along the internal private roadways. Q. Parking is proposed to be provided primarily within five on -site parking structures varying from peven to nine levels in height. As indicated on the site plan, each structure would be sized to provide the required parking for the buildings assigned to each structure. A total of 7,453 parking spaces are proposed in the five parking structures. Additionally, 272 surface parking spaces would be provided throughout the site, primarily adjacent to the commercial and restaurant portions of the project. Based upon the parking requirements contained in the Zoning Code, a total of 6,332 parking spaces would be required. A surplus of 1,35,3 parking spaces is proposed. R. The proposed Development Agreement establishes the permitted uses for the proposed project and minimum and maximum floor areas for certain types of uses as well. The proposed Development Agreement sets a nine -year duration of the Agreement, which is RESOLUTION NO 4241 APPROVING EA -548, SP 01 -I, DA 01, GPA 01 -2, ZC 01 -1, ZTA 01 -1, AUP 01 -1, SUB 01 -5 12/02 PAGE NO 5 0 6'7 generally consistent with the proposed phasing plan for the project. The developer would also be entitled to a five -year extension. S. The Development Agreement provides for the dedication of approximately one acre of the property to the City for the construction of a planned fire station to replace existing Fire Station No. 2. The site was originally depicted on Parcel No. 11 on the southeast corner of the project at the intersection of Douglas Street and Mariposa Avenue. The Fire Station Site location has been revised to be located on Parcel 14, near the intersection of Mariposa Avenue and the Duley Road entrance driveway to the project site. Fire Station No. 2, currently at the corner of Nash Street and El Segundo Boulevard would be relocated to this new location. The Development Agreement would allow the applicant to forego payment of the standard $0.14 per square foot fire service mitigation fee in consideration for the dedication of one acre of land, valued at approximately $1,880,000. The fee would have been approximately $304,500. T. The project included the City purchase of approximately five acres of the property (Parcels 10, 11, 12, and 13) in the southeast corner for use as a public recreational facility. Subsequently, five acres in the southwest corner (Parcels 14 and 15) of the site was identified as the preferred location for the parkland purchase instead. The land would be used for such things as soccer and softball fields. The actual design of the recreational facilities and the amenities to be provided would be determined by the Parks and Recreation Commission at a later date. Through the Development Agreement, a maximum cost of $1,000,000 per acre has been agreed upon for purchase of the parkland. This equals $22.95 per square foot. The City had an independent appraisal performed, which estimated the fair market value of the land to be $1,880,000 per acre or $37.50 per square foot. An additional appraisal shall be conducted which may result in a lower final sale price. U. The proposed Development Agreement would require the applicant to provide the required parking for the parkland within adjacent parking structures on the project site on a shared -use basis. By agreeing to this requirement, the City will save the cost of constructing parking spaces on the park site, saving approximately $7,000- 12,000 per parking space, excluding land costs, and enabling the full five acres to be devoted to recreational uses. V. The Draft EIR analyzed a larger project than the reduced project currently being proposed by the applicant. The Draft EIR examined the environmental impacts of a project with a maximum permitted FAR of 1.15:1. The reduced project is 15 percent smaller than the project discussed in the Draft EIR. The mix of office commercial, R & D, light industrial, restaurants that are proposed in the reduced project is consistent with the mix of uses studied in the Draft EIR. The Draft EIR studied the impact of a project with 2,000,000 gross square foot of office (approximately 80 percent) and 550,000 gross square feet of non - office uses. The environmental impacts for the proposed reduced project are within the scope of the project studied in the Draft EIR. W. Based on public comments in response to the Notice of Preparation and a review of environmental issues by staff, the Draft EIR analyzed the following environmental impact areas: traffic, air quality, noise, geology and soils, cultural resources, hydrology and water quality, aesthetics, land use, pollution /housing /employment, hazardous materials, public services, and utilities. The Draft EIR concluded that all potentially significant impacts identified in the Draft EIR, with the exception of traffic and air quality impacts, are at a RESOLU'IION NO 4241 APPROVING EA -548, SP 01 -1, DA 07, CPA 01 -2, ZC 01 -I, Z I A 01 -I, AUP 01 -I, SUB 01 -5 12/02 PAGE NO 6 M he aPPlicaGonm��suYesnt C�tY Policies and regulations level due t0 t it�gation ec{ at the intersections of rolect specrfiic m ed pro l uelAvlation gduleva Less than sr9ni' . nt t Propose Aven osition o p rnaia a d t�osecrans rUty of nifiof do a and the imp to the orig the infea5rb owe rig t w a related goulevar df Itiabill�fhe F� 1 EIR include e acts ulveda unavoidable due Yow h x Traffic imp ue15, , ant and ecause ents. red to be s'gnrfic ecthe�equ'red irnPYOVem euttneoui k o ; ven d ns A of wesectound e the inters redo °edt�ona s to imPrO rojement df proledt Wnile the in )U id Pect d n o inters he reduced PrIv gouievard n1ea to existng rmphe redub tore miti9a�ougtas Streets, Avenuelsepulveda Offic a5a n(cant imp�i me Nasb an acts at R the owaY operab�rfrca u voldas u oc +Man with is related i9 rations ble P as emen' im to the sigAVenuelAviati °n ouiev bile s° uality Man ounds na ar roes a9 fro SOU h Go ReactNe Grganit Cn can gosecrans dt e pt°fld that emissions &Wtants ildou hf eshClfvli? El?, c °nctudedt would e of r-TWer s P 200, At full bu oM t3raft rOle for A osed P exceed strict sGP Y' Thelnaliy Prof rice threN01 st arras builWOUldnalso ed the ation measures orig s;gnifica a p G exce sGA�NIC�I OX�a tVlonoX de ; S,, �5 substantially mitigacts a n l rid Nltr °us atenr�al folor will rem �RG{he Year 2ategYe aof "ex °ass' t wasIa result, the Pro ects Imp neecause the t the s e state °Dncl okea temissions. A a exceed m t tour its, the Dmdtt ojects R e Ifm the P able. d,e p eCi WendNlion Ietec of th d rbl to reduce and 00 '4 d roP arts p e effec eck significa chided that th of 'o�lure lipddifiona iY th wrth the ProP°o dca }hot Z graft OR con CG °hot vaffic 140 in combination and Q1g The our ooscale ect state one hour tern cae in that due to the prof the Draft teoUld affect three in affect C� eight n etrons d identrf1ed'n t for both the cis w acts would acts for in rolect sign'frcan hour;mPa hour imp ialw imp feasible aPPrOVed PumulativelGumulatiwshen nf�antindgde$lnat able ee�tfYo n ant be rSgIi(Ir d 9 h s;gnificant spastandarnQU homy there are sig craft EIFt ectrelate remain are peak Therefore, Ge the prol would ts, the Impacts p.M Howe lhet would re du impacts nfersections. ots' a result these these o�Pac mcroscon ale „hot tares evade njpacts. As ect would loWerreduced prnlect. ceed the mitigatio r he eurnutal'v the reduced PrOnifican{ vnth the would ex Is impact o White and sig rolect area Traff c r'b and unavoidable. oidab1e the 2 of graft E�?) atone do not expected to remain unav number of intetseGtidage p_ e se levels from the With the ire fific 00I se at a tease threshold lP n combined vne el inc e, The traffic n° an exceed noise im e dec'b However, vdhe noise evelto an unavoidable p A.iraffl fished ihd to traffic vol Is impact. ts, the traffic ect could reduce the estaai ecifiic no ec ect would contribute rely , other known he °1 proj r°p °sed ptPS ay5oc,ated Feld and ted the dire Y ect Sped" create a pro d wrth the P , tri conduc t associate td. Therefore,. the srxe °f reduction of 1 e Was nt idenfitied in the , be levels as thresho reduction ,n ue to {he anaY established impact. - he I rrseotions, d traffic aoaa peem� 7 Would no e eCt 1°n9e�main cumulative acted duced pfol that °n sa m is would r number °t imp Ara indite to Maripa ve road se9 e reduced PColect size IR, Which Twel in the Final 1e Avenue act. a - -° incWded as Street fray fviaP nlficant nn Ypeduced Project. SIR (Pda a cumulaGvelY s'9 With Resot�noi,o acts ,Aa, nun considered urnulatwe imp APpiov r e -n- . z,o, p ce.x Q ro C� wish sign if ant c �a� -i,z �a�m BB. Based on the disparity between projected job growth and housing construction, the Draft EIR concluded that the proposed projects incremental contribution to growth and housing demand would be cumulatively considerable, resulting in a significant cumulative impact. There are no feasible mitigation measures available to reduce the cumulative regional impact. CC. The Draft EIR concluded that the project would contribute to a significant cumulative impact on solid waste disposal capacity caused by regional growth. There are no feasible mitigation measures available to reduce the cumulative regional impact. DD. Because it is impossible to assess the direct project air quality impact on a regional scale, and because the impact is microscopically small for secondary pollutants, the SCAQMD has developed surrogate significance thresholds that are based upon the amount of emissions generated by an individual project. These emission levels (lbs /day, etc.) are meant as an indicator that there are project - related regional impacts even if the health impact cannot be quantified in terms of actual air quality. The SCAQMD thresholds are regional standards, which are intended to address regional air quality issues and to help achieve compliance with State and Federal air quality plan. They are not intended to measure local health impacts on a project scale. As such, the project's exceedances of these thresholds does not mean that the project will create or contribute to unsafe health levels of air pollutants in the City. EE. Northrop Grumman Corporation (NGC) is subject to Proposition 65 and Assembly Bill 2588 notification requirements related to the use of toxic chemicals. Portions of the project site are within areas subject to NGC notification. The contour shown on the AB 2588 "cancer risk from toxic air pollution map" published by the SCAQMD for the NGC was based on a conservative health risk assessment analyzing peak emissions from the NGC facility in 1991. This health risk assessment concluded that a receptor breathing the maximum concentration of peak emissions 24 hours per day over a 70 year lifetime would have an increased cancer risk by a maximum of 61 chances in a 1,000,000. The "cancer risk from toxic air pollution map" on file in the Planning Division shows the peak emissions receptor at a location some distance from the project site on the far side (eastern) of the NGC facility. A portion of the project site is located along the outside contour of the map area, where, due to the dispersion of emissions, the increased conservative cancer risk would be, at most, 10 in 1,000,000. Because the NGC health risk assessment showed an increased cancer risk of more than 25 in 1,000,000, the SCAQMD, the local agency implementing AB 2588, required NGC to implement risk reduction measures. The measures reduced the increased cancer risk at thF peak receptor from 61 in one million to 7.6 in 1,000,000. The health risks at the outside contour were also proportionately reduced. As a result, if the NGC facility were proposing this amount of emissions today as a new facility, it would not be subject to the AB 2588 notification requirements at all. The SCAQMD's health risk assessment criteria assumed a 24 -hour a day, seven day a week exposure for 70 years. Maximum use of the park site, and the exposure to the already reduced level of NGC emissions, would be limited to a few hours per week over a much shorter time span. Thus, park users would be exposed to significantly lower levels of emissions than NGC's employees, who are present during normal work hours nearer the source. Further, this limited exposure would generally not occur during the peak emission period from the NGC facility; that is, park usage will occur primarily during evenings and weekends. Therefore, any increased cancer risks on the park site from exposure to emissions from RESOLUTION NO 4241 APPROVING FA -548, SP 01 -1, DA 01, GPA 01 -2, ZC 01 -I, Z A 01 -1, AUP 01 -1, SUB 01 -5 1/2/02 PAGFNO.8 0 If v the NGC facility would be negligible. The health risk associated with people using the park site would be less than for office tenants because an assessment of health risks to office workers would take into account the fact that workers are exposed to toxic emissions 40 hours per week. Since people would be at the park for only a few hours a week, their risk factors would even be less than indicated in the existing NGC health risk assessment and less than an assessment based on office worker exposure. SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: A. The Draft EIR was completed in compliance with CEQA; Guidelines § 15090. An Environmental Impact Report (EIR) was prepared for this project pursuant to the requirements of CEQA. A Notice of Preparation of the Draft EIR was prepared and circulated for public review from May 11, 2001 to June 11, 2001. The public review and comment period for the Draft EIR extended from September 24, 2001 to November 8, 2001. A Notice of Completion was filed with the State Clearinghouse on September 24, 2001. B. The Final EIR was presented to the City Council for review. The City Council considered the information contained in the Final EIR before approving or denying the project in accordance with CEQA Guidelines § 15090. C. In accordance with § 15091 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Department of Planning and Building Safety, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Community, Economic and Development Services. D. Pursuant to CEQA Guidelines § 15090, the Final EIR reflects the City's independent judgment and analysis. The Planning Commission and City Council have independently reviewed and analyzed the Draft EIR prepared for the Project. This Draft EIR is an accurate and complete statement of the potential environmental impacts of the project. The Draft EIR reflects the independent judgment of the City. The Final EIR was prepared under the direction of the City of El Segundo Department of Community, Economic and Development Services and reflects the independent judgment and analysis of the environmental impacts and comments received on the Draft EIR. The City Council has independently reviewed and analyzed the FEIR prepared for the Project. This FEIR is an accurate and complete statement of the potential environmental impacts of the project. The FEIR reflects the independent judgment of the City. E. Pursuant to CEQA Guidelines § 15091, any changes or alterations required for the project, or incorporated into the project, which avoid or substantially lessen the significant environmental effect were identified in the Final EIR. The reduction of the project from 2.55 million gross square feet to 2.00 million gross square feet will lessen potential impacts of the proposed project. There were no changes or alterations to the proposed mitigation measures that were required to be addressed and analyzed in the Final EIR. The Draft EIR analyzed a larger project than the reduced project currently being proposed by the applicant. The Draft EIR examined the environmental impacts of a project with a maximum permitted FAR of 1.15:1. The reduced project is 15 percent RESOLUTION NO. 4241 APPROVING FA -548, SP 01 -I, DA 01, GPA 01 -2, ZC 01 -I, Z'rA 01 -1, AUP 01 -1, SUE 01 -5 1/2/02 PACE NO 9 071 smaller than the project discussed in the Draft EIR. The mix of office commercial, R & D, light industrial, and restaurants that are proposed in the reduced project is consistent with the mix of uses studied in the Draft EIR. The Draft EIR studied the impact of a project with 2,000,000 gross square foot of office (approximately 80 percent) and 550,000 gross square feet of non- office uses. The environmental impacts for the proposed reduced project are within the scope of the project studied in the Draft EIR. A more detailed analysis of the net change in impacts for the reduced project (i.e. traffic, air quality) were discussed in the Final EIR. G. The Inability to acquire right -of -way due to existing improvements to implement mitigation measures B -9 and B -10 (intersections of Sepulveda Boulevard /Rosecrans Avenue and Rosecrans Avenue /Aviation Boulevard, respectively) make these mitigation measures infeasible. All project alternatives, with the exception of Alternative E (Park Alternative) in the Draft EIR, are infeasible because they do not meet the project objectives identified in the Draft EIR and the Corporate Campus Specific Plan (§ 15091). H. The Draft EIR was made available for public review and comment in the time and manner prescribed by CEQA. The Draft EIR concluded that with mitigation the proposed project would not have a significant, adverse effect on the environment, with the exception of unavoidable traffic and air quality impacts. I. There is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment. J. Because of the facts identified in this Resolution, the Draft EIR showed that a Statement of Overriding Considerations would be required in order for the project to be approved. K. The Draft EIR generally identifies, for each potentially significant impact of the project, one or more corresponding mitigation measures to reduce such impact to a level of insignificance, with the exception of traffic and air quality impacts. The Planning Commission finds that many of the mitigation measures described in the Draft EIR may lessen or avoid impacts in impact categories other than the category(ies) for which they are specifically proposed. In light of the above, the Planning Commission finds that each potentially significant impact identified by the Draft EIR is mitigated by its corresponding mitigation measures to the extent set forth in the Draft EIR ( "specific mitigation ") and by other, non - corresponding, mitigation measures adopted by the Planning Commission that were already incorporated into the project ( "general mitigation "). These findings will be applicable wherever supported by the evidence in the record regardless of whether a specific finding of an instance of such general mitigation is made. L. These findings are based on the various mitigation measures to be required in the implementation of the project as recommended by the Draft EIR or identified by the Draft EIR as already having been incorporated into the Project. Except as set forth in Section 3.G. above, the City Council hereby adopts and incorporates into the implementation of the project those mitigation measures recommended in the Draft EIR. The City Council finds that all the mitigation measures now incorporated into the project are desirable and feasible. Certain mitigation measures, such as those involving traffic, air quality, sewer, reclaimed water, and storm water discharge, are within the responsibility and jurisdiction of other public agencies such as the California Department of Transportation ( "Caltrans ") RESOLU'IION NO 4241 APPROVING EA -548, SP 01 -I, DA 01, GPA 01 -2, ZC 01 -1, Z'rA 01 -1, AUP 01 -1, SUB 01 -5 112102 PAGE NO 10 072 and the Los Angeles County Sanitation District, and therefore will require additional approvals from those agencies. M. The Northrop Grumman Corporation ( "NGC ") submitted a letter to the City on November 15, 2001 identifying their possible future expansion plans, but stated that these expansion plans have not been "finalized" and the "precise nature and square footages of the new or renovated uses are still subject to change." The letter also stated that as part of these expansion plans "certain existing on -site activities (e.g., office space) may be replaced with manufacturing, fabrication, or light industrial uses." CEQA requires that an EIR consider whether a project's incremental effects are cumulatively considerable in light of the cumulative impacts generated by other reasonably foreseeable past, present and probable future projects. Consistent with CEQA, it is the existing policy of the City to analyze only the actual physical change over existing conditions and to grant credits for the discontinuance of existing on -site uses for the purposes of traffic and other impact analyses. Therefore, not only is the precise square footage and type of uses of NGC's future expansion plan unknown at this time, it is possible that any potential increase in traffic from these expansion plans could be offset by a corresponding discontinuance of current on -site activities. As such, NGC's proposed expansion plans are not reasonably foreseeable for the purposes of determining whether the cumulative impacts of the El Segundo Corporate Campus Project are cumulatively considerable. As stated by NGC, no application has been filed to date, much less at the time that the NOP was released for the proposed project. N. The cumulative impact analysis contained in the Draft EIR represents a conservative "worst case" analysis in that it considers the potential cumulative impacts of a number of projects, which may be built at a lesser density, or not built at all. For example, it is reasonably foreseeable that the size and scope of the LAX master plan will be reduced based on recent statements from the Mayor of the City of Los Angeles. Furthermore, the traffic analysis in the Draft EIR assumed that none of the related projects would be required to implement any traffic mitigation measures. It is reasonably foreseeable that such mitigation measures will be implemented, and have future traffic conditions that will be better than projected. In addition, the traffic analysis in the Draft EIR factors in ambient traffic growth of one -half percent per year. This growth factor was intended in part to cover possible future projects, such as NGC's possible expansion, which were not reasonably foreseeable at the time the Draft EIR was prepared. O. The Draft EIR analyzed the impacts of a project containing a total of 2,550,000 gross square feet. Since the completion of the Draft EIR, the applicant has reduced the size of the project by 375,000 gross square feet to 2,175,000 gross square feet. Although the reduction in project size will result in a corresponding reduction in the number of a.m., p.m. and daily vehicle trips generated by the proposed project, all of the mitigation measures found feasible in the Draft EIR be implemented. This will result in incremental increases in capacity at the study intersections which would be sufficient to accommodate the traffic generated by an expansion on NGC's property of approximately 375,000 square feet of new office uses as stated by the NGC. Therefore, the conclusions of the Draft EAR would not change even if the possible expansion by NGC were to be taken into account. P. The FEIR evaluates the Project's potential for adverse environmental impacts. When considering the record as a whole, there is no evidence before the City Council that the reduced project will have a potential for an adverse effect on wildlife resources of the RESOLUTION NO 4241 APPROVING FA-548, SP 01 -1, DA OI, CPA 01 -2, ZC 01 -1, ZTA 01 -I, AUP 01 -1, SUB W -5 1,2102 PAU- NO I I 073 habitat upon which wildlife depends. Based on the FEIR, the presumption of adverse effect set forth in 14 California Code of Regulations, Section 753.5(d), does not apply in this case. Therefore, the City Council finds that the Project would be de minimis in its effect on fish and wildlife. The City Council authorizes and directs the Director of Community, Economic and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Minimis finding in accordance with Pub. Res. Code §§ 21152, 211670; 14 CCR § 15094; and any other applicable law. Within ten (10) days of the certification of the Final EIR, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. The statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. SECTION 4: Approvals. The City Council approves the following: A. The City Council adopts Findings of Facts and a Statement of Overriding Considerations as set forth in Exhibit "A ", which are incorporated into this Resolution by reference. B. In accordance with the requirements of Public Resources Code Section 21081(a) and 21081.6, the City Council adopts a Mitigation Monitoring and Reporting Program (MMRP) as set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. The City Council hereby adopts each of the mitigation measures expressly set forth herein as conditions of approval of the reduced project. In the event that the terms or provisions of any such mitigation measure conflict with the terms and provisions of the other project conditions of approval adopted by the City Council in this action or the Development Agreement, the terms and provisions of such other project conditions or the Development Agreement, as the case may be, shall control. The other project conditions of approval and compliance with applicable codes, policies, and regulations will further assure that the environmental impacts of the proposed project will not be greater than set forth in the FEIR and these findings. C. Subject to the conditions listed set forth in Exhibit "C," which is incorporated into this Resolution by reference, the City Council certifies the Final Environmental Impact Report for the El Segundo Corporate Campus project and approves Environmental Assessment No. 548 for Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570). SECTION 5: Reliance on Record. Each and all of the findings and determinations in this Resolution dire 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 6: 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 RESOLUTION NO. 4241 APPROVING EA -548, SP 01 -1, DA 01, GPA 01 -2, ZC 01 -I, ZTA 01 -1, AUP 01 -I, SUB 01 -5 12/02 PAGE NO 12 074 problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 7: 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 8: According to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to TPG -EI Segundo Partners, LLC, and to any other person requesting a copy. SECTION 9: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 2nd d of January 2002. Mike Gordon, Mayor 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. 4241 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 2nd day of January, 2002, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell NOES: None ABSENT: None ABSTAIN: None NOT PAR CIIPATING: Hernick Cindy Mbrtesen, City Clerk APPROVED AS TO FORM: Mark D Hensley, City Attorney RESOLUTION NO 4241 APPROVING EA -548, SP 01 -1, DA 01, GPA 01 -2, ZC 01 -1, ZTA 01 -I, AUP 01 -I, SUB 01 -5 1/2/02 PACE NO 13 075 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS HAVING RECEIVED, REVIEWED, AND CONSIDERED THE FOLLOWING INFORMATION AS WELL AS ALL OTHER INFORMATION IN THE RECORD OF PROCEEDINGS ON THIS MATTER, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS: CERTIFICATION OF EIR The City Council of the City of El Segundo ( "City Council ") hereby certifies that Final Environmental Impact Report SCH# 2001051074, dated December 2001 ( "FEIR ") for the project described below has been completed in compliance with the California Environmental Quality Act ( "CEQA "), Public Resources Code Section 21000 et seq. in connection with following approvals granted to TPG -El Segundo Partners, LLC ( "Applicant') This FEIR is being certified in connection with the: (i) Environmental Assessment No. 548 (EA No. 548); (ii) Specific Plan No. 01 -1 (SP No. 01 -1) (the "Specific Plan "); (iii) Development Agreement No. 98 -1 (DA No. 98 -1); (iv) General Plan Amendment No. 01 -2 (GPA No. 01 -2); (v) Zone Change No. 01 -1 (ZC No. 01 -1); (vi) Zone Text Amendment No. 01 -1 (ZTA No. 01 -1); (vii) Administrative Use Permit No. 01 -I (AUP No. 01 -1); and (viii) Subdivision No. 01 -5 (SUB No. 01 -5); and any other approvals or permits required to implement the subject project. II. PROJECT HISTORY A. Project Location. The subject project will be developed on a vacant 46.53 -acre former Rockwell International property bounded by Douglas Street on the east, Nash Street on the west, Mariposa Avenue on the south, and Atwood Way on the north (the 'Project Site "). The Project Site is designated by the City of El Segundo General Plan Land Use element as Urban Mixed -Use North and zoned Urban Mixed Use -North (MU -N) Zone. The Project Site is also within the Multimedia Overlay (MMO) District. B. Original Project. The subject project initially consisted of 2,550,000 gross square feet, including 2,000,000 square feet of office uses, 100,000 square feet of R & D /light industrial, 75,000 square feet of telecommunications /web hosting, 153,000 square feet of retail, 82,000 square feet of restaurants, a 20,000 square -foot health club, 100,000 square feet of hotel/conference facilities, 076 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 10,000 square feet of medical/dental offices, and a 10,000 square -foot day care center (collectively the "Original Project "). The Original Project also included a one -acre site to be dedicated to the City for a fire station. The Original Project could also include a cogeneration facility to meet the higher electrical demands of the telecommunication /web hosting uses. Because the Applicant is seeking flexible entitlements, within certain established parameters, to better respond to market demand, it is possible that the ultimate mix of uses could change. In no event, however would office uses exceed 80 percent of the total square footage or Non - Office Uses (as defined in the Specific Plan) be less than 20 percent at full project buildout. The Original Project would be built out in up to ten phases over several years, with final completion occurring in or about July, 2009. The floor area ratio ( "FAR ") of the Original Project would be 1.15 to 1. The FAR of individual parcels could exceed 1.15 to 1, as long as the overall FAR is 1.15 to 1 or less. C. CEOA Process. Based on an initial study dated May 11, 2001 (the "Initial Study "), the lead agency determined an environmental impact report ( "EIR ") should be prepared for the Original Project pursuant to CEQA. A Notice of Preparation ( "NOP ") of the Draft EIR was prepared and circulated for a 30 -day public review period beginning on May 11, 2001 and ending on June 11, 2001. Based on public comments in response to the NOP and a review of environmental issues by the El Segundo Department of Community, Economic and Development Services, the Draft FIR analyzed the following environmental impact areas: • Traffic • Air Quality • Noise • Geology and Soils • Cultural Resources • Hydrology and Water Quality • Aesthetics • Land Use • Population, Housing and Employment • Hazardous Materials • Public Services - Police Protection - Fire Protection • Utilities - Sewer 077 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" - Water - Solid Waste - Natural Gas - Electricity Because the Applicant would have the flexibility to vary the mix of uses, the analysis in the Draft EIR assumed a combination of uses which represented the "worst case" scenario with respect to specific environmental impacts. A Notice of Completion was filed with the State Clearinghouse on September 24, 2001. The Draft EIR was circulated for a 45 -day public review and comment period from September 24, 2001 to November 8, 2001. The lead agency received approximately 46 comments on the Draft EIR during the 45 -day comment period from public agencies, groups and individuals. Public testimony on the Draft EIR was also received by the Planning Commission at duly noticed public hearings on October 25, 2001, November 8, 2001 and November 15, 2001. Responses to these comments are included in the FEIR. D. Reduced Proiect. Following completion of the Draft EIR, the Applicant reduced the size of the Original Project in response to input from the community and City staff. The project presented to the City Planning Commission and City Council (the 'Reduced Project') contains a total gross floor area of 2,175,000 square feet, a 375,000 gross square -foot (approximately 15 percent) reduction in size from the Original Project analyzed in the Draft FIR. The Reduced Project consists of 1,740,000 gross square feet of offices, 100,000 gross square feet of research and development/light industrial, 65,000 gross square feet of telecommunications /web hosting, 75,000 gross square feet of retail, 75,000 gross square feet of restaurants, a 19,000 gross square - foot health club, 87,000 gross square feet of hotel/conference facilities, 7,000 gross square feet of medical /dental offices, and a 7,000 gross square -foot day care center. As with the Original Project, the actual use mix could vary but office use would not exceed 80 percent and Non - Office Uses �koutd not be less than 20 percent of the total square footage. The Reduced Project would also involve the sale of five acres of the Project Site (the "Park Site ") to the City for use as a public park/soccer fields. Like the Original Project, the Reduced Project would be built in up to 10 phases through approximately July, 2009. As used below, the term "project' or "proposed project' refers to the Original Project and /or the Reduced Project. v The Reduced Project would have a maximum overall floor area ratio (FAR) of 0.99:1, based on a maximum net floor area of 2,000,000 square feet. However, under the Specific Plan 078 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" the FAR of individual parcels could be greater, as long as the overall FAR does not exceed .99 to 1. III. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROPOSED Project A. Impacts Found to be Insignificant by the Initial Study. The City Council finds that the Initial Study, FEIR and record of proceedings do not expressly identify, or contain substantial evidence identifying potentially significant environmental effects of the proposed project with respect to the areas listed below. The differences between the Original Project and the Reduced Project do not affect this finding. 1. Aesthetics (substantial adverse effect on scenic vista; substantial damage to scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway). Fact: The vacant Project Site is characterized by flat topography and is surrounded by multi -story commercial, office and industrial uses. There are no prominent natural visual features or other attributes that would qualify the Project Site or the project vicinity as scenic. Buildings in the vicinity of the Project Site range in height from one to ten stories. In addition, there are no scenic highways or corridors in the project area. Therefore, the proposed project would not result in a substantial adverse effect on a scenic vista. No impact is anticipated. Additional analysis of this issue is not warranted. The vacant and flat Project Site does not contain any scenic resources such as trees, rock outcroppings or historic buildings. The Project Site was previously occupied by Rockwell International between 1953 and 1990. Demolition activities were conducted in 1992 to remove all buildings and infrastructure. The project area is located near Imperial Highway, the Century Freeway (I -105) and the San Diego Freeway (I -405), none of which is designated as a scenic roadvday. Therefore, the proposed project would not substantially damage scenic resources. No impact is anticipated. Additional analysis of this issue is not warranted. 2. Agricultural Resources (convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland); conflict with existing zoning for agricultural use, or a Williamson Act contract; involve ether changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non - agricultural use). ? 1) CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Fact: The Project Site is not designated as prime agricultural land and is not zoned "agricultural." Therefore, the proposed project would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use. In addition, the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Finally, the proposed project would not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to a non - agricultural use. Therefore, the proposed project would not result in any potentially significant impacts to agricultural resources. 3. Air Quality (create objectionable odors affecting a substantial number of people). Fact: The proposed hotel and restaurant uses would have the potential to create odors. These emissions would be comparable to those anticipated with any type of commercial uses involving food service activities. Some businesses, such as restaurants with exhaust vents, are considered "stationary point sources" and may be subject to further regulatory requirements above and beyond any requisite CEQA mitigation. While the emissions from these activities are common and not identified as being particularly hazardous, they may be subject to permitting requirements that call for the use of "best available control technology" in order to eliminate or reduce the levels of emissions. Any potential nuisance related to odor that may occur with these activities would be minimized under the SCAQMD's permitting requirements. No impact is anticipated. Additional analysis of this issue is not warranted. 4. Biological Resources (substantial adverse effect on any species identified as a candidate, sensitive, or special status species; substantial adverse effect on riparian habitat or other sensitive natural community; substantial adverse effect on federally protected wetlands; interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites; conflict with any local policies or ordinances protecting biological resources, such as a tree preservation ordinance; conflict with the provisions of an adopted Habitat Conservation Plan, Naturals Conservation Community Plan, other approved local, regional or state habitat conservation plan). Fact: As described in the Initial Study, the vacant Project Site is located in a highly urbanized area and contains patches of non - native grasses and shrubs. The site was previously developed from 1953 -1992 and has since been remediated and re- graded to its current condition. The current property owner has maintained a weed abatement program on the site for several years. As such, the site does not contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California 080 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Department of Fish and Game ( "Fish and Game ") or U.S. Fish and Wildlife Service. In addition, there are no known locally designated natural communities on the site or in the project vicinity. The proposed project would not result in the direct removal, filling or hydrological interruption of a federally protected wetland as defined by Section 404 of the Clean Water Act. Due to the highly urbanized surroundings, there are no wildlife corridors or native wildlife nursery sites in the project vicinity. The proposed project would not interfere with the movement of any resident or migratory fish or wildlife species. Also, the Project Site does not contain any trees or vegetation that are considered sensitive or protected. Therefore, the proposed project would not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance. Because there are no known locally designated natural communities on the Project Site or in the project vicinity, the proposed project would not conflict with the provisions of an adopted habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan. There are no such conservation plans in the City of El Segundo. During the 30 -day public comment period for the NOP, Fish and Game submitted an EIR comment letter to the City of El Segundo dated June 13, 2001 which noted that Fish and Game had examined the Project Site from outside the perimeter fence and expressed the following concerns: 1) that the site supports some native plants, including sandbar willow (Salix exigua), mule fat (Bacharris salicifolia), and coyote brush (Bacharris pilularis); 2) that the site's topography may allow the formation of standing water in portions of the site during winter rains; 3) that a facultative wetland indicator, rabbitsfoot grass (Polypogon monspeliensis), was viewed on the site near Mariposa Street and Douglas Street; and 4) that the site may have the potential to support species associated with vernal pools, such as Riverside fairy shrimp (Streptocephalus wootoni) and western spadefoot toad (Scaphiopus hammondii). In response to Fish and Game's letter, the consulting firms of V andermost Consulting Services and Glenn Lukos Associates conducted a biological resources evaluation of the Project Site in order to determine whether the site supports, or exhibits the potential to support, statg or federally listed threatened or endangered species or other special status species or vegetation communities. In summary, the biological evaluation confirmed that the Project Site does not support any state or federally listed threatened or endangered species nor does the site support any special status flora or fauna. In addition, the Project Site does not support any native plant communities and as such does not support any sensitive or otherwise special status upland or wetland plant communities. Under current land use practices, the site exhibits no potential for supporting either special status species or vegetation communities. Also, the Project Site contains no areas subject to U.S. Army Corps or Fish and Game jurisdiction. Since there are no sensitive biological resources associated with the Project Site, development of the proposed ()O1 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" project would not result in significant or even locally adverse impacts to biological resources. Additional analysis of this issue is not warranted. 5. Cultural Resources (substantial adverse change in the significance of a historical resource). Fact: There are no structures or known historic resources on the Project Site. The Project Site was previously occupied by Rockwell International between 1953 and 1990. Demolition activities were conducted in 1992 to remove all buildings, infrastructure and underground storage tanks. Implementation of the proposed project would not result in a substantial adverse change in the significance of a historical resource. No impact is anticipated. Additional analysis of this issue is not warranted. 6. Geology and Soils (expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving landslides; incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water). Fact: The Project Site and surrounding areas are predominately flat. No landslides exist on the Project Site or Project vicinity. No impact is anticipated. Additional analysis of this issue is not warranted. The proposed project is located in an urbanized area and would be connected to the existing sewer infrastructure. No impact is anticipated. Additional analysis of this issue is not warranted. 7. Hazards and Hazardous Materials (for a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area; for a project within the vicinity of a private airstrip, safety hazard for people residing or working in the project area; expose people or structures to a significant risk of loss, impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan; expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands) t Fact: The Project Site is located approximately 0.5 miles south of LAX. Compliance with the City of El Segundo General Plan, applicable building height standards, and CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" any FAA requirements would result in no significant impacts to airport plans. Additional analysis of this issue is not warranted. The Project Site is not located in the immediate area of a private air strip and would not result in a safety hazard for people in the Project area. No impact is anticipated. Additional analysis of this issue is not warranted. The proposed project would be required to conform with all applicable City of El Segundo emergency responses and/or emergency evacuation plans. The Project Site would be accessible to emergency vehicles on all four sides of the site. The proposed project also provides a sufficient amount of ingress and egress locations around the site for emergency access and evacuation in accordance with City Fire Department standards. The proposed project would be required to comply with all applicable Fire Department and Public Works Department regulations pertaining to emergency access and evacuation. In addition, the proposed project would include an on -site fire station. No significant impacts are anticipated. Additional analysis of this issue is not warranted. The proposed project is located in an urbanized area and is not situated near wildlands. No impact related to wildfires would occur as a result of the proposed project. Additional analysis of this issue is not warranted. 8. Hydrology and Water Quality (place housing within a 100 -year floodplain; place within a 100 -year flood hazard area structures which would impede or redirect flood flows; expose people or structures to a significant risk of loss, injury or death involving flooding). Fact: The proposed project does not involve the construction of any housing. The Project Site is located within Flood Hazard Zone C of the National Flood Insurance Program (i.e., not at risk of a 100 -year or 500 -year flood) and there are no major dams or waterways located near Project Site. Therefore, no flood - related impacts would occur. Additional analysis of this issue is not warranted. 9. Land Use and Planning (physically divide an established community; conflict with any applicable habitat conservation plan or natural communities conservation plan). Fact: The proposed project would not disrupt the physical arrangement of the City. The proposed uses would betdeveloped within a mixed -use urbanized area with similar office, commercial, and industrial uses. Residential uses within the City are located to the west, across Sepulveda Boulevard. No physical division of an established community would occur. No impact is anticipated. Additional analysis of this issue is not warranted. 083 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" The proposed project is located within an urbanized area containing various commercial and industrial land uses. Per the City of El Segundo General Plan, the Project Site is not identified as being within a habitat conservation plan,,or natural community conservation plan. Thus, no impact in this regard would occur. Additional analysis of this issue is not warranted. 10. Mineral Resources (result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state; result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other landuse plan). Fact: The Project Site was previously occupied by Rockwell International between 1953 and 1990. There are no known economic mineral resources beneath the Project Site. No classified or designated mineral deposits of statewide or regional significance are known to occur in the project area. The Project Site is not within a known source area for aggregate or other mineral resources. Therefore, the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. The Project Site is not delineated as a locally- important mineral resource recovery site on any City plans. Therefore, implementation of the proposed project would not result in the loss of availability of a locally- important mineral resource recovery site. The proposed project would not result in significant impacts to mineral resources. 11. Noise (for a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels). Fact: The Project Site is not located within the vicinity of a private airstrip. Therefore, the proposed project would not expose persons to excessive noise levels associated with a private airstrip. No impact is anticipated. Additional analysis of this issue is not warranted. 12. 1 Population and Housing (displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere; displace substantial numbers of people, necessitating the construction of replacement housing elsewhere). Fact: The Project Site does not contain any residential land uses. As such, implementation of the proposed project would not result in the displacement of persons or homes. No impact is anticipated. Additional analysis of this issue is not warranted. M CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 13. Public Services (substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: other public facilities). Fact: The City of El Segundo has one main library, El Segundo Public Library, located at 111 W. Mariposa Avenue. Implementation of the proposed project would create a minimal increase in demand, with no anticipated impacts to the El Segundo Public Library or any of its school branches. The applicant would also be required to pay a library fee of $0.3 per square foot of development. No significant impacts are anticipated. Additional analysis of this issue is not warranted. The proposed project would include private roads to be maintained by the property owner. On -site traffic on private roads from the proposed project would not create a significant demand for road maintenance services provided by the City Public Works Department. No significant impacts are anticipated. Additional analysis of this issue is not warranted. 14. Recreation (increase in the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; inclusion of recreational facilities or requirement of construction or expansion of recreational facilities which might have an adverse physical effect on the environment). Fact: A total of five parks exist within a radius of approximately 1.5 miles of the Project Site, the largest of which is Recreation Park, located on Pine Avenue. A five -acre portion of the Project Site will be sold to the City for use as a public park/soccer fields. The proposed project may also contain a two -story health club and will include open space which will allow passive and/or active recreational activities. The proposed project does not involve the construction of residential uses that would result in a direct increase in residential population within the City, which could increase existing demands on parks and recreational facilities. Therefore, no significant recreation impacts are anticipated as a result of the proposed project. Additional analysis of this issue is not warranted. 15. Transportation/Traffic (result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; substantially increase hazards to a design feature or incompatible uses; result in inadequate emergency access; result in inadequate parking capacity; conflict with adopted policies or programs supporting alternative transportation). 10 1185 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Fact: Due to the nature and scope of the proposed project, implementation of the project would not have the potential to result in a change in air traffic patterns at the LAX airport of any other airport in the area. Although the proposed project would result in new jobs at the Project Site, such an increase in on -site employment would not be of significant magnitude to materially affect air traffic levels. No impact is anticipated. Additional analysis of this issue is warranted. There are no known design hazards, such as sharp curves or dangerous intersections, in the project vicinity. The proposed project would be required to comply with all applicable City codes regarding internal site design requirements and ingress /egress requirements. No significant impact is anticipated. Additional analysis of this issue is not warranted. The proposed project would provide ingress and egress points along all four sides of the Project Site which would connect to the private internal roadway system. The proposed project is required to comply with all Fire Department and Public Works Department regulations pertaining to emergency access and evacuation. No impact is anticipated. Additional analysis of this issue is not warranted. The proposed project would not be in conflict with adopted goals and policies supporting alternative transportation. The project would be accessible by other transit (i.e., bus service and MTA Green Line). City of El Segundo bike routes are also designated along Mariposa and Douglas Street. The proposed project would adhere to applicable policies or programs supporting alternative transportation (e.g., preferential parking areas, ride sharing, etc.). No impact is anticipated. Additional analysis of this issue is not warranted. 16. Utilities and Service Systems (exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board; comply with federal, state and local statutes and regulations related to solid waste). Fact: Wastewater generated by the proposed project would be similar to that generated by other commercial projects in the area, for which wastewater is treated by standard (primary, secondary and tertiary) treatment processes. All discharge into the wastewater or drainage system must comply with NPDES requirements. Improvements associated with the proposed project would comply with all applicable wastewater treatment requirements of the Regional Water Quality Control Bbard. No significant impact is anticipated. Additional analysis of this issue is not warranted. 11 086 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" The construction and operational phases of the proposed project will be required to adhere to all applicable federal, state and local statutes and regulations related to solid waste. No significant impacts are anticipated. Additional analysis of this issue is not warranted. B. Impacts Identified as Potentially Significant But Which in Fact are Not Significant or Which Can Be Avoided The City Council finds that although the following environmental effects were identified as potentially significant based upon the Initial Study, (a) the FEIR and the record of proceedings do not expressly identify or contain substantial evidence identifying significant environmental effects of the proposed project with respect to the areas listed below, or (b) changes or alterations have been required or incorporated into the conditions and requirements of the proposed project which avoid or lessen the potential significant environmental effects as identified in the Initial Study to a level of insignificance for the reasons summarized below. The differences between the Original Project and the Reduced Project do not affect this finding. Noise /Construction Impacts Effect: The demolition and construction activities could generate significant amounts of noise during these phases of Project implementation. Findine: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to construction noise impacts. Because the Reduced Project will involve less construction than the Original Project, the short-term noise impacts of the Reduced Project are expected to be less than those of the Original Project. The Original Project's operational noise impacts were not found to be significant; therefore, the Reduced Project's operational noise impacts are also not significant. Fact: Temporary construction noise impacts vary markedly because the noise strength of construction equipment ranges widely as a function of the equipment used and its activity level. This temporary noise will not be significant considering that the Project Site is surrounded by offices, commercial and industrial buildings which either incorporate noise attenuation measures into their design or generate noise themselves. Short-term construction noise impacts tend to occur in disdrete phases dominated initially by large, earth- moving sources, then by foundation and parking lot construction, and later for finish construction. The loudest semi - continuous equipment operation noise typically ranges around 90 dB(A) at 50 feet from the source. Point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per 12 087 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" doubling of distance. The loudest general construction noises may require around 1,000 feet of distance between the source and a nearby receiver to reduce the 90 dB(A) source strength to a generally acceptable 65 dB exterior exposure level. In later phases of finish construction, equipment such as generators, compressors, saws, etc., are somewhat less noisy and the physical barrier created by partially completed on -site facilities further breaks up the line of sight propagation. Compliance with the El Segundo Noise Ordinance will limit construction noise impacts to periods of reduced noise sensitivity. Mitigation Measures: D -1. Construction activities shall be prohibited during the hours from 6 p.m. to 7 a.m. on weekdays and Saturdays and any time on Sundays and holidays except in emergencies. D -2. Construction equipment shall be equipped with properly operating mufflers. D -3. Stationary on -site construction equipment and construction vehicle staging shall be placed such that emitted noise is sufficiently minimized, to the satisfaction of the Community, Economic and Development Services Department. Noise /Operational Impacts Effect: The proposed project could result in significant noise in the area from either traffic in the area or stationary noise sources within the Project. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the FEIR and the record of proceedings do not expressly identify or contain substantial evidence ideVtifying significant environmental effects of the Reduced Project with respect to operational noise impacts. The major source of operational mobile source noise is from vehicular traffic. The Reduced Project is expected to generate less traffic and thus produce less noise than the Original Project. Traffic noise would not significantly impact users of the Park Site. The major sources of operational stationary source noise impacts are parking lot noise and noise from air conditioning units or computer /telecommunications equipment, as well as a possible electrical co- generation fAcility. The Reduced Project will contain the same types of uses as the Original Project except for the park, which would not generate significant amounts of noise. Because the Reduced Project will be less dense than the Original Project, the Reduced Project would generate less operational noise, as set forth in Chapter VII of the MR. The 13 i•i CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Original Project's operational noise impacts were not found to be significant; therefore, the Reduced Project's operational noise impacts are also not significant. Fact: (a) Mobile Source Noise - Along the more heavily traveled roadways in the project vicinity, roadway noise from existing and future growth traffic volumes creates an elevated background noise level that will be little affected by the additional project traffic increment. Even4along lightly traveled roadways with lower background levels, project traffic does not create a significant noise impact. Most project - related traffic noise impacts are clearly well below the normally accepted significance threshold and also well below the level considered even marginally perceptible. The only traffic link that would approach the significance threshold would be along Douglas Street from Imperial Highway to Atwood Way, where there would be an increase of 2.9 dB CNEL. Although noise levels on roadway links adjacent to the Park Site will increase from Project traffic to be about 60dB CNEL range, such levels are well within the acceptable range for parks. Overall, individual Project impacts are thus insignificant. (b) Stationary Source Noise Impacts - The proposed project is anticipated to include various stationary noise sources, including parking lot noise and noise from air conditioning units or computer /telecommunications equipment. The parking lot noise is not anticipated to significantly impact sensitive receptors, as it will be partially shielded by the buildings on -site and proposed landscaping. Noise from air conditioning units and/or computer /telecommunications equipment will be minimized through measures such as enclosures, shielding and other forms of noise attenuation. An electrical- cogeneration facility may be included as a part of the proposed project. A co- generation unit is typically moderately noise, but generally contains numerous sound - abating features, including enclosure within a building and both air movement and rotational machinery silencing. The most typical noise is a high frequency "whine" from the spinning turf ?ine. High frequency noise is much more readily abated than low frequency rumbles, such that supplemental design features can be installed if the co- generation plant were located close to noise - sensitive, on -site uses such as the hotel or day care facility. The City of El Segundo noise standard for stationary noise sources is 60 dBA (50th percentile level) for commercial or mixed -use zones. Noise levels from commercial air conditioning units generally achieve 60 dB within approximately 15 feet from the source. A co- generation unit, located indoors except for the air intakes and exhaust stacks, has noise levels of 55 -60 dB outside the powerhouse building. On -site stationary noise sources thus have negligible potential for exceeding the mixed -use or park noise standards except within a few feet of the 14 0 8 1j CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" source itself. Therefore, the proposed project will not result in any significant stationary noise impacts. Geology and Soils /Surface Fault Rupture, Seismicity and Ground Shaking, Etc. Effect: The proposed project could potentially result in significant impacts relating to geology and soils. The Project Site is located in the vicinity of the Newport - Inglewood Fault Zone and the Elysian Thrust Fault Zone. While the Project Site is located in a zone of the City that is considered to have a low potential for liquefaction, there is potential that the proposed project could be subject to ground failure or subsidence. The grading phase of the proposed project may result in minimal erosion, particularly during runoff conditions. The proposed project may also expose people to expansive soils. Findin : Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to geology and soils impacts. The effects of the Reduced Project with respect to geology and soils are expected to be similar to those of the Original Project. The Original Project's geology and soils impacts were not found to be significant; therefore, the Reduced Project's geology and soils impacts are also not significant. Fact: (a) Surface Fault Rapture - The potential for surface fault rupture at the Project Site is low. Therefore, the proposed development will not expose people to significant impacts related to surface fault rupture. (b) Seismicity and Ground Shaking - The Project Site is not within an area identified by the California Division of Mines and Geology (1999) as having a potential for seismic slope instability (slope instability resulting from ground shaking). However, the location of the site relative to known active or potentially active faults indicates the site could be subjected to significant ground shaking. (c) Liquefaction and Seismic Settlement - The potential for liquefaction at the Project Site is low. Liquefaction will not be a significant impact at the site. Therefore, the proposed development will not result in or expose people to significant impacts related to seismic settlement and differential compaction. 15 0 90 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" (d) Slope Stability - The Project Site is relatively level and the absence of nearby slopes precludes slope stability hazards. Due to the reasons previously described, there are no significant impacts related to slope stability. The proposed development will not result in or expose people to significant impacts related to slope stability. (e) Tsunamis, Inundation, and Seiches - The Project Site is approximately 2.4 miles from the Pacific Ocean at elevations of about 98 to 100 feet above mean sea level (U.S. Geological Survey datum). Therefore, there are no significant impacts related to tsunamis, inundation, or Seiches at the Project Site. The proposed development will not result in or expose people to significant impacts related to tsunamis, inundation, and Seiches. (f) Flooding - The Project Site is locate in an area of minimal flooding (Zone C) as designated by the Federal Emergency Management Association. Therefore, there are no significant impacts related to flooding at this site. The proposed development will not result in or expose people to significant impacts related to flooding. (g) Subsidence - There are no significant impacts related to subsidence at the Project Site. The proposed development will not result in or expose people to significant impacts related to subsidence. (h) Volcanic Hazards - Due to the distance between the Project Site and known volcanic area, there are no significant impacts related to volcanic hazards at the site. The proposed development will not result in or expose people to significant impacts related to volcanic hazards. (i) Landform Alteration - There are no unique geologic features in the vicinity of the Project Site. Therefore, no unique geologic features will be modified or destroyed as a result of the proposed development. (j) Foundations - Based on the results of previous geotechnical investigations performed on adjacent properties, the natural soils in the general site vicinity consist primarily of dense silty sand and poorly graded sand with some gravel. Locally, clay sand layers are present. Silty clay and sandy clay layers are present in the upper 15 feet of the existing ground surface. The upper clay -rich materials encountered on the adjacent sites are only moderately firm and would become weaker when wet. However, below depths of approximately 3 to 5 feet, the natural soils underlying the site and firm. Also, the upper clay soils are expansive and would shrink and swell with changes in moisture content. Corrosion studies performed as part of previous investigations on adjacent properties indicate that the soils are moderately to severely corrosive to ferrous metals and aggressive to copper. The soils were found to be non- detrimental 16 091 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" to portland cement. Expansive or corrosive soils could have a significant impact on the proposed development. However, any potentially significant impacts resulting from expansive or corrosive soils can be completely mitigated. (k) Grading - It is anticipated that conventional earth- moving equipment will be used in excavating any existing fill soils and the natural eolian sand dune deposits at the site. If any fill is to be placed during grading, it would be placed in accordance with the regulations of the appropriate governmental agencies. It is expected that most of the excavated alluvial materials would be suitable for use at other construction projects. Any existing fill materials, less any oversized materials or organic debris, would also be suitable for use as compacted fill. Grading is not anticipated to have a significant impact on the proposed project or the surrounding developments. (1) Stability Of Permanent Slopes And Temporary Evacuations - The Project Site is underlain by Pleistocene age sediments that are generally massive or crudely stratified. These materials do not typically contain planes of weakness, such as bedding or joints, that could affect slope stability. It is anticipated that permanent graded cut or fill slopes at the site at gradients of 2:1 (horizontal to vertical) would be grossly stable. However, comprehensive geotechnical investigation will assure the stability of the proposed slopes during the proposed development as required by the City of El Segundo. Overall, there are no geotechnical or seismic impacts that would not be reduced to a less than significant level by compliance with current building codes, the mitigation measures, and the recommendations presented in the comprehensive geotechnical report for the proposed project. The Project Site is considered suitable for the proposed project from a geotechnical and geologic perspective. Mitigation Measures: E -1. A comprehensive geotechnical investigation shall be submitted as part of the permitting process for the project. Specific design recommendations presented in the comprehensive geotechnical report shall be incorporated into the final design and construction of the proposed project. The comprehensive geotechnical report shall include, but not necessarily he limited to the following geotechnical hazards: t • Ground Shaking: The proposed development shall be designed and built to provide life safety for occupants of the structures in the 17 092 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" event of the strong earthquake ground motions expected to occur inthe vicinity of the site. Stability of Permanent Slopes and Temporary Excavations: The comprehensive geotechnical report shall include specific recommendations for design and construction of proposed temporary and permanent slopes to be incorporated into the design and construction of each building prior to issuance of building permits. Expansive and Corrosive Soils: The comprehensive geotechnical report shall evaluate the expansion and corrosion potential of the on site materials. If the on -site soils are determined to he expansive or corrosive, specific recommendations shall be provided in the comprehensive geotechnical report that will reduce any impacts to a level that is less than significant. E -2. Drainage collection devices shall be designed in conformance with City of El Segundo grading and building axles to ensure that all runoff will be collected and transferred to the proper collection devices. The Applicant shall provide analysis of the drainage volume created by the proposed project. All design of drainage flow, collection, and discharge shall be in conformance with current City codes and subject to approval by the City of El Segundo. On -site grading shall be performed in accordance with City codes so that erosion of graded areas will not occur. All areas of construction shall be fine - graded to direct runoff to the street or to the nearest available storm drain. No runoff within the property boundaries shall be allowed to flow uncontrolled over the existing slopes. All permanent slopes shall be planted in conformance with current City grading codes. E -3. The comprehensive geotechnical investigation shall use site - specific soil and groundwater data to specifically evaluate the potential for liquefaction at the Project Site. If there is a medium to high potential, specific recommendations shall be included in the geotechnical report. k E -4. Prior to issuing a grading permit, the Applicant shall obtain a haul route approval for the export materials from the City and shall comply with applicable restrictions. 10 093 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" E -5. Where the planned depth of excavation for foundations does not extend below the existing fill soils, the existing fill soils shall be removed and recompacted in accordance with the requirements of the appropriate governmental agencies and geotechnical recommendations. E -6. A registered civil engineer practicing geotechnical engineering, or his /her representative, shall be present on site to observe grading operations and to observe foundation excavations. 4 E -7. Specifications for site grading shall be subject to approval by the City Building Official. E -S. Where there is sufficient space for sloped excavations, temporary cut slopes may be made at a 11/2:1 or 1:1 (horizontal to vertical) gradient with the 11/2:1 slope made adjacent to existing structures. However, the stability of the graded slopes shall be addressed during the site - specific geotechnical investigation, and when grading plans are completed for the proposed development. E -9. If temporary excavation slopes are to be maintained during the rainy season, it will be necessary to direct all drainage away from the top of the slope. No water shall be allowed to flow uncontrolled over the face of any temporary or permanent slope. E -10. Water shall not be allowed to pond at the top of the excavation or allowed to flow into the excavation. E -11. Where sufficient space for sloped excavations is not available, shoring shall be used. The shoring system may consist of soldier piles and lagging. The recommendations presented in the site - specific geotechnical investigation report for the proper design of the shoring system shall be followed. E -12. Final shoring plans and specifications shall be reviewed and approved by a civil engineer practicing geotechnical engineering. E -13. The recommendations presented in the site - specific geotechnical investigation report for design of walls below grade to support the lateral 19 09� CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" earth pressure and the additional surcharges from adjacent buildings and traffic shall be followed. E -14. A drainage system shall be placed at the back of and/or the base of building walls below grade. E -15. Suspect or visibly impacted soil or groundwater would require analysis to assess the contamination potential. 4 Cultural Resources/Buried Resources Effect: Buried archeological resources could be disturbed and lost in the course of construction activities. Findin¢: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to cultural resources. The effects of the Reduced Project with respect to cultural resources are expected to be similar to those of the Original Project. The Original Project's impacts on cultural resources were not found to be significant; therefore, the Reduced Project's impacts on cultural resources are also not significant. Fact: The Project Site was occupied by Rockwell International between 1953 and 1990. Demolition activities were conducted in 1992 to remove all buildings, infrastructure and underground storage tanks. At that time, no significant historical resources were identified. The City of El Segundo General Plan EIR does not designate the Project Site as a sensitive archaeological area. There have been no known archeological resources discovered in the Project vicinity. There are also no known human remains within the Project Site or the project vicinity. Further, no unique geologic features exist within the Project Site. Therefore, no cultural resources or human remains are anticipated to be encountered during grading and construction activities. In the event archeological or paleontological resources or human remains are encountered, the mitigation measures listed below will ensure that the project does not result in damage to or the loss of such resources or human remains. Mitigation Measures: F -1. In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease in these areas until the resources are properly pill 095 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" assessed and subsequent recommendations are determined by a qualified consultant. F -2. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the Project Site that are not reasonably suspected to overlie adjacent remains or cultural resources. Hydrology and Water Quality /Water Quality. Drainage and Runoff Effect: Development of the proposed project could result in potentially significant impacts with respect to hydrology and water quality, including violating water quality standards, substantially altering existing drainage patterns, creating or contributing runoff which would exceed the capacity of existing or planned storm water drainage systems, and otherwise substantially degrading water quality. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to hydrology and water quality. The effects of the Reduced Project with respect to hydrology and water quality are expected to be less than those of the Original Project because the Reduced Project will have less impervious area due to the use of five acres of the Project Site as a park/soccer field. The Original Project's hydrology and water quality impacts were not found to be significant; therefore, the Reduced Project's hydrology and water quality impacts are also not significant. Fact: (a) Hydrology - The proposed on -site storm drainage system will connect directly to the Mariposa Street storm drain via an existing 30 -inch reinforced concrete pipe (RCP) storm drain stub into the Project Site (located on the west side of the proposed Mariposa Street entrance). Peak chows discharged directly into the Mariposa Street storm drain will be restricted to the drain's available capacity. This will be achieved by limiting the size of the connection to the existing storm drain. Flows above the capacity of the storm drain will be partially retained on -site (via an on -site retention basin) and partially allowed to drain into 21 0,9() CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Mariposa Avenue. Street flows will only occur after available storm drain capacity and on -site retention are exhausted. The drainage system will be designed to City of El Segundo and County of Los Angeles standards. Due to an increase in impervious area (approximately 55 percent of the Project Site), the proposed project will result in increased peak runoff flows to 71 cfs during the 10 -year storm event. This represents an increase of 22 cfs over the existing conditions runoff rate of 49 cfs. Ultimately, all runoff from the Project Site and adjacent tributary area collects at the intersection ofDouglas Street and Mariposa Avenue. At this point, two storm drain lines, LACDPW Project No. 2694 and LACRD Project No. 4806 converge and continue southerly in Douglas Street. The tributary "Q" (i.e., flow) in Douglas Street is no more than 11.5 cfs. Therefore, no mitigation is needed for these areas (i.e., Sub - Basins 72D, 73E and 1/2 of 74F). On an area proration basis, the project's share of capacity in the storm drain LACRD Project No. 4806 is 26.5 cfs. Of the 26.5 cfs, approximately 9.5 cfs is contributed from the uncontrolled perimeter area (Sub- Basins 76C, 75B, and 1/2 of 74F) at a time of peak contribution by the main Project Site. Therefore, of the 71 cfs generated from the "controlled" area, only 17 cfs can be allowed into the storm drain system, and the remaining flows must be detained on -site. The volume of runoff above 17 cfs is 1.4 acre -feet. This is considered to be a potentially significant surface hydrology impact that can be reduced to less than significant level via implementation of the mitigation measures listed below. (b) Water Quality - The proposed project has the potential to cause short-term construction- related storm water pollution due to handling, storage and disposal of construction materials, earth moving activities, and maintenance and operation of equipment. A General Construction Activity Storm Water Permit must be obtained from the SWRCB prior to the start of construction. The National Pollutant Discharge Elimination Systems (NPDES) requires that a Notice of Intent (NOI) be filed with the State Water Resources Control Board (SWRCB). $y filing an NOI, the developer agrees to conditions outfitted in the General Permit. The SWPPP identifies which structural and nonstructural Best Management Practices (BMPs) will be implemented, such as sandbag barriers, temporary desilting basins, near inlets, gravel driveways, dust controls, employee training, and general good housekeeping practices. With the implementation of the BMPs, short-term water quality impacts would be less than significant. The propos�d project will provide structural or treatment control BMPs designed to mitigate long -term operational storm water runoff impacts. While some infiltration through landscape areas will occur, the proposed project will primarily rely on the implementation of Treatment Control BMPs. As required by the Standard Urban Storm Water 22 0 1 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Mitigation Plan ( SUSWMP), detailed plans for the proposed project's compliance with the SUSWMP will be submitted to the City as part of the development plan approval process prior to issuance of building and grading permits. With compliance with the SUSWMP requirements, the project's operational impacts on storm water quality will be less than significant. Mitigation Measures: G -1. The Applicant shall prepare a master drainage plan for the proposed project Site. This plan shall include detailed hydrology/hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate potential for downstream flooding due to increased storm water runoff. These plans will also identify the proposed Best Management Practices to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan. Such plans shall be reviewed and approved by the City of El Segundo and the Los Angeles County Department of Public Works. G -2. The project Applicant/developer shall file a Notice of Intent (NOI) for the National Pollutant Discharge Elimination System General Permit for Construction Activities with the California State Water Resources Board. Compliance with the NPDES general permit shall be certified by the Regional Water Quality Control Board prior to the issuance of grading and building permits. G -3. During construction and operations, all waste shall be disposed of in accordance with all applicable laws and regulations. Properly labeled recycling bins shall be utilized for recyclable construction materials including solvents, water -based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non - recyclable materials and wastes must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. G -4. All leaks, drips and spills occurring during construction shall be cleaned up promptly to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. G -5. If materials spills occur, they should not be hosed down. Dry cleaning methods shall be employed whenever possible. 23 n CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" G -6. The proposed project shall comply with City of El Segundo Ordinance No. 1235 and No. 1329, which establishes storm water and urban pollution controls. G -7. Construction dumpsters shall be covered with tarps or plastic sheeting if left uncovered for extended periods. All dumpsters shall be well maintained. G-4 8. The project Applicant /developer shall conduct inspections of the Project Site before and after storm events to determine whether control practices (BMPs) to reduce pollutant loadings identified in the Storm Water Pollution Prevention Plan are adequate and properly implemented. G -9. The project Applicant /developer shall conduct street sweeping and truck wheel cleaning to prevent dirt in storm water. G -10. In accordance with the California Health and Safety Code (Chapter 6.95, Article 2, Section 25.5.30 et. Etc.), the Applicant/developer shall submit a Risk Management Plan for the Self- Generating Electric Facility to the Certified Program Agency (i.e., City of El Segundo Fire Department) for review and approval. In accordance with Title 19 of the California Code of Regulations, the City of El Segundo Fire Department shall determine whether the chemicals proposed for use, storage, and disposal with respect to the Self- Generating Electric Facility exceed the threshold quantities for Accidental Release Prevention. The project shall comply with the conditions of approval established by the City of El Segundo Fire Department, including those conditions for regulating chemicals that may exceed the threshold quantities. G -11. The Applicant /developer shall provide regular sweeping of private streets within the Project Site with equipment designed for removal of hydrocarbon compounds. G -12. The Applicant /developer shall maintain all structural or treatment control Best Management Practices for the life of the project. k 24 0 ,9 :) CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Aesthetics Effect: Development of the Project Site will change the existing visual character of the site and will introduce new sources of nighttime lighting. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen, the significant environmental effects of the project with respect to aesthetics. The effects of the Reduced Project with respect to long -term visual character impacts and views are expected to be similar to those of the Original Project and insignificant. The effects of the Reduced Project with respect to lighting are expected to be slightly greater than those of the Original Project, due to the nighttime illumination of the Park Site. However, nighttime lighting impacts of the Reduced Project will not be significant due to the substantial ambient level of night lighting surrounding the Project Site and to the absence of nearby receptors sensitive to nighttime lighting. Fact: (a) Long -Term Visual Character Impacts - The aesthetic nature of the Project Site is characterized by weedy vegetation, temporary chain link fencing in a poor state of repair, and litter accumulated along the sidewalk at the case of the fencing. The proposed project would replace those unsightly features with an attractively designed and landscaped mixed -use campus of buildings. The proposed project would be architecturally compatible with surrounding land uses, which generally exhibit a modern, utilitarian construction style, although there is no common architectural theme or style in the community. The project would also be compatible with the scale of development in the surrounding area, which ranges from small -scale businesses to major manufacturing facilities and high -rise office buildings. Overall, the proposed project would enhance the visual character of the area. No significant aesthetic impacts would result from the proposed project. (b) Views from the Project Site - project construction will replace the unlimited views across the Project Site with short distance views of new on -site structures and landscaping. View corridors between the clusters of new structures will maintain some views of the major features of interest in the area, such as the MTA Green Line, the high -rise office buildings along Imperial Highway, and to a lesser extent the Century Freeway. Because the new development is expected to enhance the aesthetic character of the area, no view impact is anticipated. 25 100 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" There are no significant public scenic features on the Project Site that could be affected by the proposed project. Further, there are no viewpoints on the Project Site from which off -site significant scenic features might be viewed. Overall, development of the proposed project would not result in the loss of any important scenic view from within the Project Site. project impacts related to these views would be less than significant. (c) Views of and through the Project Site - Some south - facing offices in the high -rise buildings along Imperial Highway will have commanding views of and over the proposed project. Similarly, nearby private businesses located on the east side of Douglas Street, the west side of T�ash Street, and the south side of Mariposa Avenue will also have views of the new development. While some existing views that look across the property will be eliminated, these view lines do not encompass any substantial visual resources. There will be no loss of scenic vistas or views of significant scenic features from outside the Project Site. Because the changes brought about by the project primarily affect private views, rather than public, and because the project is considered an enhancement to the aesthetic character of the area, impacts to these views are considered less than significant. (d) Lighting - As seen from nearby streets, and local commercial and industrial businesses, the lighting associated with the proposed project will transform the site's current dark nighttime environment to a level comparable to that found in adjoining areas. Due to the substantial ambient level of night lighting surrounding the Project Site and to the absence of nearby sensitive nighttime lighting receptors, nighttime lighting impacts would be less than significant. Mitigation Measures: H -1. To prevent new on -site sources of illumination from spilling onto adjacent streets and properties, all exterior lighting associated with the project should be directed onto the site and shielded from off -site locations. H -2. Every effort should be made to prevent new lighting sources from being directed toward the sky to minimize atmospheric light pollution. Land Use /Consistency with Applicable Plans and Policies Effect: The project has the potential to be inconsistent with applicable General Plan policies, zoning, code restrictions, SCAG policies, and other applicable City or County Plans. 26 101 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Fi, ndina: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the FEIR and the record of proceedings do not expressly identify or contain substantial evidence identifying significant environmental effects of the Reduced Project with respect to land use. The Reduced Project's land use effects are expected to be similar to those of the Original Project. The inclusion of the proposed park does not effect this finding because the Park Site would serve employees of the proposed project and the surrounding properties as well as the residents of the City, consistent with goals and objectives of the General Plan. Furthermore, as set forth in Finding No. 9 below, the users of the Park Site would not face health risks due to emissions from the adjacent Northrop Grumman Corporation ( "NGC ") facility so the proposed park use would not be incompatible with surrounding land uses. The Original Project's impacts were not found to be significant; therefore, the Reduced Project's land use impacts are also not significant. Fact: (a) Land Use Compatibility - The proposed project would include land uses that are fully compatible with surrounding commercial and industrial uses. The office, research and development, hotel, and telecommunications /web hosting uses included in the proposed project, along with supporting retail, restaurant and service uses, would enhance the development of this area of the City as a center of business and employment, resulting from the regional access provided by the Century Freeway and in proximity to LAX. The proposed project would result in re -use of a former industrial property which has been vacant for nearly 10 years. No significant impacts related to land use compatibility would result from implementation of the proposed project. (b) Consistency with Adopted Plans and Policies - As more fully set forth in reports and adjoining resolutions, the proposed project would generally be consistent with all applicable policies of the El Segundo General Plan and the Southern California Association of Government's Regional Comprehensive Plan and Guide. Moreover, the existing General Plan, including thq Circulation Element, adequately reflect local conditions, and is otherwise legally adequate, and the proposed project can and should be considered under the current General Plan. Therefore, the proposed project would not result in any significant land use impacts related to consistency with adopted plans and polices. (c) Zoning Code - The uses included within the proposed project would be permitted under the MU -N Zone that is applicable to the proposed project Site under the Zoning Code. The MU -N Zone limits development to a maximum net Floor Area Ratio (FAR) of 1.3:1. The Specific Plan and accompanying zone change reduce the permitted maximum FAR but allow the FAR limitation to be exceeded on individual panels within the proposed project Site, 102 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" provided that the overall FAR for the project does not exceed maximum FAR permitted under the Specific Plan. Because any such entitlement action op the part of the City would not result in exceedance of the overall FAR limitation established for this area of the City and would be consistent with the development density presently existing in the surrounding area, this action would not represent a substantial conflict with the applicable provisions of the Zoning Code and would not be a significant impact. The proposed uses are also consistent with those permitted by the MMO District. However, the Specific Plan does not allow development on the project to include the additional 1.5 million square feet of entertainment uses permitted under the MMO District. Population, Housing and Employment Effect: The project could have potentially significant incremental impacts on population, housing and employment due to the creation of new jobs. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the FEIR and the record of proceeding do not expressly identify or contain substantial evidence identifying significant environmental effects of the Reduced Project with respect to population, housing and employment. The effects of the Reduced Project with respect to population, housing and employment are expected to be less than those of the Original Project because the Reduced Project would create proportionately fewer new jobs. The Original Project's population, housing and employment impacts were not found to be significant; therefore, the Reduced Project's population, housing and employment impacts are also not significant. Fact: (a) Employment - Implementation of the Original Project would provide employment for approximately 7,763 persons by project completion in the year 2009. The actual number of jobs could vary based on the precise use mix, but would not significantly exceed 7,763 because the more job - intensive uses would generate more vehicle trips, and total trips which can be generated by the proposed project are fixed under the Specific Plan. The Original Project's estimated employee generation would account for approximately 89.4 percent of SCAG's forecasted total employment growth for the City of El Segundo during this period. In terms of SCAG's employment forecast for the South Bay Cities Subregion, the Original Project's projected employment would account for 19.3 percent of the forecasted growth for the Subregion between the years 2000 and 2010. M 103 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" To the extent that employment forecasts are used by SCAG to implement the regions' growth policies, under - estimates of future employment in the City of El Segundo and the South Bay Cities Subregion may hinder planning for the timing, financing, and location of public facilities, utility systems, and transportation systems. However, the Regional Comprehensive Plan and Guide (including the Growth Management chapter) is to be periodically reviewed, and those sections that are found to be out of date are to be updated as needed. Furthermore, SCAG is currently developing a special program for monitoring the progress of the region. With the implementation of this monitoring and updating program, such discrepancies between forecasts and actual changes on the ground will be rectified. Therefore, while the Original Project would account for a major portion of SCAG's current employment forecasts for the City of El Segundo and the South Bay Cities Subregion, the self - correcting nature of the forecasts will ensure that ongoing infrastructure planning efforts will remain consistent with regional growth trends. The proposed project land uses are consistent with both the City of El Segundo General Plan use designation and zoning for the Project Site. Based upon this consistency, it may be assumed that the project has been accounted for in the City's long range planning. Furthermore, because SCAG's regional planning incorporates the City of El Segundo's General Plan into its growth forecasts, the project would be deemed consistent with SCAG's forecasts and growth policies. Therefore, no significant impacts to the City of El Segundo (or to SCAG's regional planning) due to the project's employment growth are anticipated. (b) Housing /Population - Many of the Original Project's estimated 7,763 new employees will be drawn from the local labor force and student population readily available in the City of El Segundo and surrounding communities. The housing stock within the City of El Segundo cannot accommodate the potential housing demand created by the proposed project. However, the housing market for the project's employees is greater than the political boundaries of the City of El Segundo. This would include most of the South Bay Cities Subregion (located to the south and southeast of the Project Site) plus additional communities to the north and east (including the Cities of Inglewood, Culver City, parts of Los Angeles, and Santa Monica). Thus, it is expected, that the maximum (worst -case) housing demand generated by the Original Project could be accommodated by the existing housing stock within and beyond the South Bay Cities Subregion without generating demand for new housing construction. Because no housing exists on the Project Site, the project will not displace any existing population. The proposed project will not have a significant impact on population, employment and housing. Mitigation measures are not required. 29 104 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Hazardous Materials /Exposure Effect: The development of the project could result in potentially significant hazardous materials impacts due to residual contamination from previous uses on the Project Site. Future employees and visitors to the Project Site could be exposed to emissions from off - site uses, such as the NGC facility. Findin : Pursuant to Public Resources Code Section 21081(a), the City Council finds that the follpwing changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to hazardous materials. The effects of the Reduced Project with respect to hazardous materials are expected to be similar to those of the Original Project. Although the Reduced Project will include a park, there substantial evidence in the record, including expert testimony and studies, that the users of the Park Site would not be exposed to significant health hazards due to soils contamination or air emissions, including emissions from the NGC facility. The Original Project's hazardous materials impacts were not found to be significant; therefore, the Reduced Project's hazardous materials impacts are also not significant. Fact: (a) Historical Review - The Project Site was historically occupied by Rockwell North American Aircraft. An estimated 31 underground tanks and /or underground concrete tanks were used by Rockwell in the operation of the plant. Rockwell began removing USTs and closing pits in the late 1980s under the supervision of the Los Angeles County Department of Public Works ( "LACDPW "). In the early 1990s, a site wide investigation was conducted to determine if the past use of the Project Site had impacted the Project Site. Remedial activities at this time consisted of excavating contaminated soil, as required by the LACDPW. Groundwater and soil contaminated with VOCs and petroleum hydrocarbons were discovered ins 1994 at the southwest comer of the Project Site. Although much of the impacted soil was excavated from the Project Site, VOC contaminated soil and groundwater was ultimately left in place. A subsequent risk assessment based on conservative residential exposure scenarios (i.e., 24 hours per day, 7 days per week over a 70 -year lifetime) determined that the contamination left in place did not present a significant threat to human health or the environment. The LARWQCB, California Department of Toxic Substance Control ( "DTSC ") and the LACDPW have all been involved with remedial activities at the Project Site. These agencies have determined that the Project Site is safe to use for any type of development, including recreational facilities. None of the agencies have requirements for further investigation at this time. Based on this information, no further action or investigation is warranted at this 30 10;) CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" time with regards to the historical use of the Project Site. Therefore, hazardous materials impactE related to VOC's would be less significant. Thus, the proposed park can be safely located on any portion of the Project Site, including the southeast or southwest comers. (b Previous Operational Activities - No circumstances of environmental concern associated with the previous operational activities were observed at the Project Site during the preparation of a Phase 1 Environmental Assessment for the site. No further action or investigation is recommended regarding previous operational activities at the Project Site. Therefore, hazardous materials impacts related to previous operational activities would be less than significant. (c Hazardous Materials /Petroleum Products - No hazardous materials or petroleum products were observed at the Project Site. No further action or investigation is recommended regarding the historic use of hazardous materials or petroleum products at the Project Site. Therefore, hazardous materials impacts related to petroleum products would be less than significant. (d Wastes - No wastes were observed at the Project Site. No further action or investigation is recommended regarding wastes at the Project Site. Therefore, hazardous materials impacts related to waste would be less than significant. (e Polychlorinated Biphenyls (PCBs) - No equipment with the potential to contain dielectric or hydraulic fluid was identified at the Project Site. No further action or investigation is recommended regarding PCBs at the Project Site. Therefore, hazardous materials impacts related to PCBs would be less than significant. (f Asbestos - Containing Materials (ACM) - The Project Site is currently undeveloped land, and no suspect ACM were observed during the site assessment. No further action or investigation is recommended regarding ACM at the Project Site. Therefore, hazardous materials impacts related to ACM would be less than significant. (g Storage Tanks /Pipelines - No evidence of storage tanks or pipelines (above or below ground) was identified. No further action or investigation is recommended regarding previous storage tanks or pipelines at the Project Site. Therefore, hazardous materials impacts related to storage tanks and pipelines would be less than significant (h Regulatory Review - Based on review of the regulatory database report, the Project Site is listed on the Leaking Underground Storage Tanks (LUST) and Regional Water Quality Control Board Spills Leaks and Investigations (SLIC) databases due to remediation 31 106 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" previously completed at the Project Site. On -site evaluation and review of file information from the California Regional Water Quality Control Board identified that the Project Site is currently listed with a status of "case closed" on both databases. A "case closed" status is awarded only when contamination has been investigated and/or remediated in accordance with currently accepted regulatory standards. Based on the current regulatory status, no further action or investigation is recommended regarding the regulatory review. Therefore, there would be no significant impacts related to Project Site contamination. (i F Adjacent Properties - The FEIR identified no adjacent properties that are anticipated to have a negative impact on the environmental integrity of the Project Site. No further action or investigation is recommended regarding the adjacent properties. Therefore, hazardous materials impacts related to adjacent properties would be less than significant. The following lists were reviewed for sites within the vicinity of the proposed project to determine their potential to contaminate the Project Site; NPL, RCRA -TSD, RCRA- CORRACTS, SHWS, CERCLIS, NFRAP, SWF, LUST, UST, RCRIS- Generators and ERNS. There are sites on this list within the vicinity of the project. However, these sites do not pose a significant contamination risk to the Project Site, because groundwater flows in a northeast direction for the listed sites (e.g., the NGC site), or listed sites have already been remediated (e.g., Hilton Garden Inn site), or are designated as "low priority sites." In addition, the proposed project will not use groundwater as a potable water source. 6 Operational Impacts of the Proposed Project - The proposed project is not anticipated to result in a release of hazardous materials into the environment. With the exception of the potential electrical substation or co- generation facility that may be included in the proposed project, the project would utilize limited amounts of common hazardous materials comparable to the surrounding commercial land uses, due to the similarity in size of the structures and the need for such materials. The proposed land uses are not expected to use or store explosives in association with the construction or operations of the facilities. Based on the amount stored, nature of the packaging, materials involved, and the proposed project's required compliance with applicable regulations, the risk of upset and accidental conditions involving the release of hazardous materials into the environment is considered to be less than significant. (k Emergency Response and Evacuation - The proposed project will result in increased traffic levels to the surrounding streets and highways. The project will utilize existing streets in addition to creating newtaccess locations around the entire Project Site. The City of El Segundo Area Plan designates Sepulveda Boulevard and Vista Del Mar Boulevard as primary evacuation routes during large -scale emergencies such as earthquakes and major hazardous materials release. While the project would add vehicle trips to these roadways, they are not in 32 10 ; CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" the immediate vicinity of the Project Site and therefore would not be the primary evacuation routes for all vehicles leaving the Project Site during large -scale emergencies. No significant impacts to emergency response and evacuation are anticipated as a result of implementation of the proposed project. (l Emissions from the NGC Facility - NGC has issued a Proposition 65 warning for chromium VI. Proposition 65 is primarily a disclosure statute which requires certain persons to provide warnings before exposing persons to chemicals known to the State to cause cancer or reproductive harm. A warning is required unless the person causing the exposure can demonstrate that the exposure results in no significant risk assuming lifetime exposure. NGC provided a warning for those persons located within the isopleth depicted on the facility map. However, the fact that a warning is given does not mean that the person would actually be exposed to any chromium VI as a result of NGC's operations, much less harmful levels. The Proposition 65 regulations require numerous conservative assumptions regarding exposure to determine whether a warning is required. For environmental exposures (the exposure at issue), Proposition 65 requires the party to assume lifetime exposure in a residential setting. Many entities subject to Proposition 65 provide warnings in an abundance of caution without even determining whether the exposure results in a significant risk. As a result, these warnings are prevalent in gas stations, supermarkets and even the office buildings to the north of the Project Site. Some City facilities, including parks, have posted Proposition 65 notices. Due to the scale of the NGC map, it is uncertain whether the Park Site is located within the NGC Proposition 65 isopleth for chromium VI shown on the map. If the Park Site is located outside the isopleth, any potential exposure to chromium VI, if any, would be insignificant. Even if the Park Site is located within the chromium VI isopleth, there would be no significant health risks for park users from chromium VI from NCG's facility. The exposure scenario assumed for the Proposition 65 isopleth is based upon a conservative residential exposure scenario with the receptor breathing peak emissions 24 hours per day for a 70 -year lifetime. The likely exposure scenario for park use is significantly less than the conservative residential exposure assumed under Proposition 65. Even taking into account the possibility of increased breathing rates during physical activity, the potential exposure to chromium VI emissions, if any, and the resulting risks are insignificant. Furthermore, there is no substantial evidence that children at the Park Site could face health risks from chromium VI due to the ingestion or dermal contact. Hexavalent chromium compounds pose no significant risk of cancer by the route of ingestion. Cal. Code Regs. tit. 22, § 12707(b) t NGC is also subject to Assembly Bill 2588 notification requirements related to the use of toxic chemicals. Portions of the Project Site are within areas subject to the NGC AB 2588 notification. The contour shown on the AB 2588 "cancer risk from toxic air pollution map" 33 108 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" published by the SCAQMD for the NGC facility was based on a conservative health risk assessment analyzing peak emissions from the NGC facility in 1991. This health risk assessment concluded that a receptor breathing the maximum concentration of peak emissions 24 hours per day over a 70 -year lifetime would have an increased cancer risk by a maximum of 61 chances in 1,000,000. The "cancer risk from toxic air pollution map" shows the peak emissions receptor at a location some distance from the Project Site on the far (eastern) side of the NGC facility. A portion of the Project Site is located along the outside contour of the map area, where, due to the dispersion of emissions, the increased conservative cancer risk would be, at most, 10 in 1,000,000. BecaVse the NGC health risk assessment showed an increased cancer risk of more than 25 in 1,000,000, the SCAQMD, the local agency implementing AB 2588, required NGC to implement risk reduction measures. According to the SCAQMD, the measures reduced the increased cancer risk at the peak receptor from sixty -one in one million to 7.6 in 1,000,000. The health risks at the outside contour were also proportionately reduced. As a result, if the NGC facility were proposing this amount of emissions today as a new facility, it would not be subject to the AB 2588 notification requirements at all. Moreover, NGC will not be able to increase toxic emissions in the future without SCAQMD approval after appropriate review taking into account the presence of the Park Site in the vicinity. The SCAQMD's health risk assessment criteria assumed a conservative 24 -hour a day, seven days a week exposure for 70 years. Maximum use of the Park Site, and the exposure to the already reduced level of NGC emissions, would be limited to a few hours per week over a much shorter time span. Thus, park users would be exposed to significantly lower levels of emissions than NGC's employees, who are present during normal work hours nearer the source. Further, this limited exposure would generally not occur during the peak emission period from the NGC facility; that is, park usage will occur primarily during evenings and weekends. Therefore, any increased cancer risks on the park site from exposure to emissions from the NGC facility would be negligible. The health risk associated with people using the Park Site would be less than office tenants because an assessment of health risks to office workers would take into account the fact that workers are potentially exposed to toxic emissions 40 hours per week. Since peoplq would be at the park for only a few hours a week, their risk factors would even be less than indicated in the existing NGC health risk assessment and less than an assessment based on office worker exposure. Mitigation Measures: K -1. In accordance with the California Health and Safety Code (Chapter 6.95, Article 2, Section 25.5.30 et. etc.). The project Applicant shall submit a Risk Management Plan, if necessary, for the Electric Co- Generation Facility to the Certified Program Agency (i.e., City of El Segundo Fire 34 109 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Department) for review and approval. In accordance with Title 19 of the California Code of Regulations, the City of El Segundo Fire Department shall determine whether the chemicals proposed for use, storage, and disposal with respect to the Self- Generating Electric Facility exceed the threshold quantities for Accidental Release Prevention. The project shall comply with the conditions of approval established by the City of El Segundo Fire Department. 10. Public Services/Police Protection Effect: Responses to thefts, vehicle burglaries, damage to vehicles, traffic - related incidents, and crimes against persons are anticipated to result from an increase in traffic on adjacent streets and arterials and an increase in transient occupancy. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to police protection. The effects of the Reduced Project with respect to police protection are expected to be similar than those of the Original Project. Any increased demand on law enforcement from the Park Site would be offset by the reduction in employees and visitors at the site due to the reduction in density of all other uses. The Original Project's police protection impacts were not found to be significant; therefore, the Reduced Project's police protection impacts are also not significant. Fact: Development of the proposed project would result in an increase in the number of employees and visitors to the Project Site and surrounding area, thereby generating an increase in the level of service calls from the Project Site. Responses to thefts, vehicle burglaries, damage to vehicles,_ traffic- related incidents, and crimes against persons are anticipated to result from an increase in traffic on adjacent streets and arterials and an increase in transient occupancy. Impacts to police protection services relate to four key areas; (1) site visibility; (2) emergency access; (3) on -site activities; (4) and interference with emergency response times. A strategic security plan will be implemented, which would be aimed at deterring crime and minimizing the need for El Segundo Police Department (ESPD) services. The site design features and security measures of the proposed project would provide visibility of structures and access points, security lighting, security alarm systems, fencing, on -site camera surveillance, 24 -hour security patrols, and other security measures. In addition, a Police Service Mitigation Fee of $0.11 per gross square foot is required to reduce police service impacts. Based 35 110 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" on the security features and the required Police Service Mitigation Fee, potentially significant impacts upon police protective services would be reduced to less than significant levels. Mitigation Measures: L -1. The applicant shall pay a Police Service Mitigation Fee of $0.11 per gross square foot of building area prior to the occupancy of each building. L -2. A strategic security plan, which shall include definitive plans and specifications, shall be submitted to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed El Segundo Corporate Campus project. The strategic security plan should address the following items: • Depending on the size of the structure and its location in relation to the streets, the displayed address may vary from a minimum of 4" to as much as 24 ". • Building entrances and exits shall be limited to keep control and visibility of the building. • All landscaping shall be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access. • Adequate street, walkway, building and parking lot lighting shall be provided to enhance security. • Provisions for on -site security personnel. I 11. Public Services/Fire Protection Effect: The proposed project could increase demands for fire and emergency medical service. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to fire protection services. The effects of the Reduced Project 36 111 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" with respect to fire protection are expected to be similar to those of the Original Project. The increase in demand on fire protection and emergency services from the Park Site would be offset by the reduction in employees and visitors at the site due to the reduction in density of all other uses. The Original Project's fire protection impacts were not found to be significant; therefore, the Reduced Project's fire protection impacts are also not significant. Fact: The adequacy of fire protection services for a given area is based on site access to and within the proposed project Site, required fire -flow, access to hydrants, response distance from existing fire stations, and the El Segundo Fire Department's (ESFD) judgment of the area's needs. Fire access roadways would be provided throughout the Project Site. The ESFD has stated that the proposed project will not likely require additional firefighters or equipment to respond to emergencies, and that the existing fire stations can adequately accommodate the project's demands for fire and emergency medical service. The possible relocation of Fire Station No. 2 to the Project Site would further reduce the less than significant fire protection impacts of the proposed project. The proposed project will require the installation of public fire mains, fire hydrants, fire department access roads, and private mains and private fire hydrants on all private streets. The water pressure in the project area is sufficient to meet the fire flow requirements of the proposed project. All of the proposed project structures would meet ESFD construction requirements, and the Project Site layout has been designed to comply with ESFD specifications for driveway widths, turning radii, and other access requirements. In addition, a Fire Service Mitigation Fee of $0.14 per gross square foot is required to reduce fire service impacts. Potentially significant impacts upon fire prevention and suppression services would be reduced to less than significant levels via compliance with the required fire protection features. Mitigation Measures: L.2 -1. The Applicant shall pay a Fire Service Mitigation Fee of $0.14 per gross square foot of building area prior to the issuance of a certificate of occupancy. L.2 -2. A fire life safety plan, which shall include definitive plans and specifications, shall be submitted to the El Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed El Segundo Corporate Campus development. 37 II CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" L.2 -3. Provide fire access roadways throughout the property and submit a layout plan to the ESFD for approval. A roadway should circulate around open parking structures. L.2 -4. Provide on -site fire hydrants as required by the ESFD. L.2 -5. The following installations require separate Fire Department approval. The Applicant shall submit separate plans for Fire Department review: • Automatic fire sprinklers; • Fire alarm system; • Underground fire service mains; • Fire pumps; • Emergency generators; and • Any aboveground or underground storage tank including elevator sumps and condensation tanks 12. Utilities /Sewer Effect: Development of the proposed project would increase wastewater generation as a result of new restaurant, retail, office, and hotel uses. Findin : Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Protiect which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to sewers. Any increase in wastewater generated from the Park Site would be offset from the reduction in wastewater from the reduction in density of all other uses. The effects of the Reduced Project with respect to sewers are expected to be similar to the Original Project. The Original Project's sewers impacts were not found to be significant; therefore, the Reduced Project's sewer impacts are also not significant. t Fact: Development of the proposed project would increase wastewater generation as a result of new restaurant, retail, office, and hotel uses. Upon full development, an estimated 691,545 gallons per day of wastewater would be generated by the Original Project. W. 113 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" The actual amount could vary slightly depending on the precise mix of uses. According to the Los Angeles County Sanitation District, the existing trunk line is adequate to serve the proposed project irrespective of the use mix, unless the entire project was restaurant uses. However, such a project could never be built because it would generate trips in excess of the maximum permitted under the Specific Plan. New on -site sewer lines will be designed to accommodate the sewage demand of the new project. The Original Project's wastewater generation would represent approximately 0.21 percent of the daily permitted effluent treated at the JWPCP and 0.18 percent of the JWPCP available capacity (based on average daily flows). Because JWPCP has sufficient treatment capacity to accommodate the increased wastewater flows associated with the proposed project, irrespective of the use mix impacts associated with sewage treatment would be less than significant. Mitigation Measures: M.1 -1. The Applicant shall be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5) to obtain sanitary sewer service. M.1 -2. The Los Angeles County Sanitation Districts requires a Buildover Permit for construction over its sewer easements. The Applicant shall demonstrate through its Grading Plan that all alterations to final sewer easements and rights of way shall be in accordance with relevant Buildover Permit(s) to allow the construction of the proposed project and other project components over the 10 -foot wide sewer easement. M.1 -3. The proposed project shall comply with the City's Sewer Ordinance No. 1093, of the City of El Segundo Municipal Code, Title 12, Chapter I General Provisions, Policies and Procedures. Prior to a building permit being issued the project Applicant shall submit the Final Working Drawings to the City of El Segundo Department of Community, Economic and Development Services and the Department of Public Works for review and approval. 13. Utilities /Water Effect: Development of the proposed project would increase water consumption as a result of new restaurant, retail, office, hotel, park and other uses. 39 114 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to water. Unless reclaimed water is used, the effects of the Reduced Project with respect to water are expected to be greater than those of the Original Project due to the addition of the Park Site. However, water consumption impacts of the Reduced Project would be less than the Park Alternative described as Alternative E in the FEIR, and would be less than significant due to adequate available water supply and line capacity. Fact: Development of the proposed project would increase water consumption as a result of new restaurant, retail, office, hotel uses, and other uses (e.g. office, light industrial /manufacturing, laboratories, technology, and recreational uses). The Original Project would consume 942,174 gallons per day of water at full buildup. Water consumption rates include some increment for landscape irrigation. Water generation rates also take into account mandatory water conservation measures enacted by the City such as the installation of low flow toilets and plumbing fixtures that prevent water loss. According to the El Segundo Water Company, adequate water supply and line capacity are available in the existing water distribution system to accommodate the proposed project, irrespective of the precise mix of uses. Moreover, the trip limitations of the Specific Plan will effectively limit water consumption, in that those uses which consume more water (i.e., restaurants) also generate more trips. hi order to comply with the trip restriction, any increase in restaurant uses would require a corresponding decrease in other uses. This decrease would also offset the increased water consumption from the added restaurants. On -site water infrastructure improvements will be designed to accommodate the peak demands of the proposed project. The increase in demand for water with implementation of the proposed project would not require alterations to existing off -site water facilities that serve the Project Site. Therefore, water impacts associated with the proposed project would be less than significant. Mitigation Measures: f M.2 -1. The proposed project shall include dual water connections for landscaping to accommodate reclaimed water as it becomes more available to the site. M.2 -2. Reclaimed water, where appropriate and feasible, shall be used as a water source to irrigate landscaped areas. M.2 -3. Efficient irrigation systems shall 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). f 115 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" M.2 -4. Automatic sprinkler systems shall be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers shall also'be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation. M.2 -5. Selection of drought- tolerant, low water consuming plant varieties shall be used to reduce irrigation water consumption. M`2 -6. The proposed project shall comply with the City's Conservation Program, Ordinance No. 1194, of the City of El Segundo Municipal Code, Title 10- Parks and Recreation. Chapter 2 Water Conservation in Landscaping and Resolution No. 3806. Prior to a building permit being issued the project applicant shall submit the Final Working Drawings to the City of El Segundo Department of Community. Economic and Development Services far review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Water Conservation in Landscaping. 14. Utilities /Solid Waste Effect: Implementation of the proposed project would result in an increase in solid waste. Findine: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to solid waste. The effects of the Reduced Project with respect to solid wast6 are expected to be less than those of the Original Project. The minimal increase in solid waste from the Park Site would be more than offset by the decrease in solid waste generated from the overall reduction in density of all other uses. The Original Project's solid waste impacts were not found to be significant; therefore, the Reduced Project's solid waste impacts are also not significant. Fact: Upon full occupancy of the Original Project, solid waste associated with the new restaurant, retail, office, and hotel uses would be approximately 15,356 pounds of solid waste per day. Because all proposed uses would generate solid waste at essentially the same rate 41 116 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" on a per square foot basis (except for the park which generates less), the amount of solid waste generated by the proposed project would not significantly change if the precise mix of uses changes. While implementation of the proposed project would result in an increase in solid waste, this increased demand represents a fraction of the solid waste generated within the region, and would not, therefore, significantly impact available landfill capacity. Solid waste generated on -site would be disposed in accordance with all applicable federal, state and local regulations related to solid waste. The proposed project shall, as applicable for project operations, incorporate storage and collection of recycling into the project design including applicable provisions of ordinances related to hours of collation and operation of on -site equipment. Project design shall reserve space adequate for the support of recycling, storage and access, as appropriate. Although existing landfills in Los Angeles County are near capacity, potential expansion would accommodate the potential growth projected for the region. In addition, operations within the City and the Project Site would continue to be subject to the requirements set forth in California Assembly Bill 939 which require each city or county to divert 50 percent of its solid waste from landfill disposal through source reduction, recycling and composting. Mitigation Measures: M.3 -1. The proposed project Applicant shall develop an employee recycling and education program. M.3 -2. Where economically feasible, the proposed project shall incorporate the use of recycled materials in building materials, furnishing operations and building maintenance. M.3 -3. The proposal project shall recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the construction phase. M.3 -4. The design of the proposed project shall allocate space for a recycling collection area for use by both on -site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance. The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future. M.3 -5. The proposed project Applicant shall encourage employers to perform an 42 117 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" annual waste audit review to measure the effectiveness of the tenant education program and recycling collection activities in tenant and/or property management agreements.' The audit shall include, • A review of purchasing patterns to eliminate materials not compatible with the established waste diversion program. • A review of operating procedures which generate either large amounts of waste or non - recyclable materials. • A review of occupancy uses and activities. • The evaluation and expansion of recyclable materials to be included in a recycling program. • A review of employee awareness of recycling program goals, procedures, and accomplishments, as well as evaluations and implementation of training for all project occupants. 15. Utilities/Natural Gas Effect: Development of the proposed project would increase the existing demand for natural gas service in the project area. Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the FEIR and the record of proceedings do not expressly identify or contain substantial evidence identifying significant environmental effects of the Reduced Project with respect to natural gas use. The effects of the Reduced Project with respect to natural gas are expected to be less than those of the Original Project. Any increase in natural gas consumption from the Park Site would be offset by the overall decrease in demand by other uses. The Original Project's natural gas irhpacts were not found to be significant; therefore, the Reduced Project's natural gas impacts are also not significant. Fact: Development of the proposed project would increase the existing demand for natural gas service in the project area. The estimated net increase in natural gas consumption by the Original Project would be approximately 317,204 cubic feet /day (excluding the proposed co- generation facility). According to the Southern California Gas Company, the demand for natural gas of the proposed project could be accommodated by the existing natural gas mains in the project area, irrespective of the precise mix of uses. In addition, new on -site gas lines would 43 118 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" be designed to meet the project's peak demand for natural gas. Therefore, natural gas impacts from the development of the proposed project would be less than significant. 16. Utilities /Electricity Effect: Development of the proposed project would increase the existing demand for electricity service in the project area. Fipdine: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental effects of the project with respect to electricity. The effects of the Reduced Project with respect to electricity are expected to be less than those of the Original Project. Any increase in electrical consumption from the Park Site would be offset by the overall decrease in density of other uses. The Original Project's electricity impacts were not found to be significant; therefore, the Reduced Project's electricity impacts are also not significant. Fact: Development of the proposed project would increase the existing demand for electricity service in the project area. The power requirements to serve the proposed project, which includes a high- density telecommunications center, may require the construction of a 66 kv substation which would be developed by SCE. Further, the proposed project would be served from the general SCE power grid. The estimated net increase in electricity consumption by the Original Project would be approximately 222,822 kilowatt hours per day. SCE has stated that it can accommodate the electricity demands of the proposed project, irrespective of the precise mix of uses. Therefore, no significant impacts related to electricity would occur. Mitigation Measure: M.5 -1. The Applicant shall consult with SCE during the design process of the proposed project regarding potential energy conservation measures for the project. Examples of such energy conservation measures include: Design windows (i.e., tinting, double pane glass, etc.) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather. htstall thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards. Erl 119 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" • Install high- efficiency lamps for all street lights and outdoor security lighting. • Time control interior and exterior lighting. These systems should be programmed to account for variations in seasonal daylight times. • Limit outdoor lighting while still maintaining minimum security and safety standards. • Deciduous trees should be planted near each building to provide shade in the summer and to allow sunlight to access the unit during the winter. • Built -in appliances, refrigerators, and space- conditioning equipment should exceed the minimum efficiency levels mandated in the California Code of Regulations. • Finish exterior walls with light- colored materials and high- emissivity characteristics to reduce cooling loads. Finish interior walls with light - colored materials to reflect more light and thus increase lighting efficiency. • Use natural ventilation wherever possible. • A performance check of the installed space- conditioning system should be completed by the developer /installer prior to issuance of the certificate of occupancy to ensure that energy - efficiency measures incorporated into the project operate as designed. 17. 1 Air Quality /Construction Impacts and Operational Impacts from Stationary Sources. Effect: The proposed project would generate emissions from construction activities and during operation from stationary sources. Finding: Pursuant to Public Resources Code Section 21081(a),the City Council finds that the following changes, alterations, or requirements are hereby incorporated into the Reduced Project which will mitigate, avoid, or substantially lessen the significant environmental 45 120 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" effects of the project with respect to electricity. Because the Reduced Project would involve less construction and would be at a lower density at buildout, the effects of the Reduced Project with respect to construction and stationary source emissions are expected to be less than those of the Original Project. The Original Project's air quality construction and stationary source impacts were not found to be significant; therefore, the Reduced Project's impacts are also not significant. Fact: (a' Construction Impacts - The Project Site totals 46+ acres in ten phases over seven years, or an average of 4.6 acres per phase. As a worst -case assumption, the largest single simultaneous development area was analyzed for a ten (10) acre disturbance area. A 10 -acre disturbance "footprint" would allow for the simultaneous development/overlap of two separate project phases. An assumed construction disturbance "footprint" of ten acres leads to a predicted daily PM -10 emission rate of 264 pounds with the use of "standard" dust control. Application of a more enhanced dust control program would reduce PM -10 emissions during construction to around 102 pounds per day, which is less than the SCAQMD threshold of 150 pounds per day. With the use of BACMs, daily PM -10 emission levels will be below this significance threshold for the assumed 10 -acre disturbance area. Daily off -road equipment emissions will be at less than regionally significant levels. Additional on -road emissions will result from trucks bringing construction materials and from construction worker commuting. The on -road pollution contribution may cause the daily NOx emissions to slightly exceed thresholds. Use of low emissions tune -ups would reduce NOx emissions to below the SCAQMD threshold of significance, (b Operational Impacts from Stationary Sources -Small additional amounts of pollutants will be generated from energy consumption (off -site power plants and on -site natural gas combustion for space heating, hot water, food services, etc.). A co- generation facility may also be included in the proposed project. The facility emissions would offset energy consumption emissions that would be generated at other sources (power plants, heaters, etc.), and may not be built at this site unless the SCAQMD issues permits after appropriate review to assure that local air quality impacts would be below SCAQMD thresholds. Mitigation Measures: C -6. Maintain soil moisture at a minimum of 12 percent for any cut - and -fill -me 12 It CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" areas within 100 feet of the property line to the depth of the cut. C -7. Water as necessary to prevent a visible dust cloud from exceeding 100 feet from the disturbance area or from passing across the Project Site boundary. C -8. Apply chemical stabilizer to any disturbed area to prevent a visible cloud from forming during high wind conditions. C -9. Water any non - stabilized disturbed areas twice per day. C -10. Apply chemical stabilizer or pave the last 100 feet of internal travel path prior to public road entry, or install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. C -11. Remove any visible track -out into public streets within 30 minutes of occurrence. C -12. Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has resulted. C -13. Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. C -14. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blowoff during hauling. C -15. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. l C -16. All diesel - fueled, off -road equipment shall be delivered to the site, and maintained while on site, with engines tuned to minimum NO, generation consistent with good fuel economy. 18. Traffic /Parking t Effect: The proposed project will need to provide adequate parking to accommodate guests and visitors. 47 122 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Finding: Pursuant to Public Resources Code Section 21081(a), the City Council finds that the FEIR and the record of proceedings do not expressly identify or contain substantial evidence identifying significant environmental effects of the Reduced Project with respect to parking. The effects of the Reduced Project with respect to parking are expected to be similar to those of the Original Project. Adequate parking for the Park Site will be provided on an interim basis on the Park Site itself and on a long -term basis within an adjacent parking structure on the Project Site. The Original Project's parking impacts were found not to be significant; therefore, the Reduced Project's parking impacts are also not significant. Fact: The proposed project will provide parking as required under the City of El Segundo Municipal Code. Parking for the Park Site will be provided on the Park Site on an interim basis. On a long -term basis, such parking will be provide in an adjacent parking structure on the Project Site. C. Effects that Cannot be Mitigated to a Level of Insignificance. The City Council finds that in response to each adverse impact identified below, changes or alterations have been required or incorporated in the Reduced Project which lessen the significant adverse environmental impact. However, these impacts cannot be totally avoided or reduced to a level of insignificance if the Reduced Project is implemented. All of the remaining unavoidable adverse environmental effects identified below are acceptable when balanced against the overriding benefits of the Reduced Project as set forth in Section V below. The alternatives to the Reduced Project discussed in the FEIR have been rejected for the reasons set forth in Section III.F below. The differences between the Reduced Project and Original Project do not affect this finding. Traffic /Street System Effect: Traffic generated by the proposed project would impact the street system in the viciniV of the Project Site. Finding: The City Council finds the following changes, alterations, or requirements are hereby incorporated into the project which will lessen the significant environmental effects of the project with respect to traffic. Nevertheless, the Original Project would have a significant adverse impact at six intersections. Although the Reduced Project would generate proportionately leAs traffic than the Original Project, it would still result in significant and unavoidable impacts at these intersections. Because the proposed improvements at the intersections of Rosecrans Avenue and Sepulveda Boulevard and at Rosecrans Avenue and Aviation Boulevard cannot be achieved within the existing right -of -way and the additional M 12 ) CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" required right -of -way to implement the improvements is not available, the City Council further finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations make mitigation measures nos. B -9 and B -10 of the FEIR infeasible. The City Council further finds that reconfiguring major roadways such as Sepulveda Boulevard, El Segundo Boulevard and Aviation Boulevard with reversible lanes or grade separations would create secondary impacts to parking, access and circulation and would require significant acquisition of right -of -way. Furthermore, Sepulveda Boulevard and El Segundo Boulevard currently have raised medians, which would provide additional barriers to the feasibility of such improvements. For these reasons, the City Council further finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological, or other considerations make the reconfiguring of major roadways with reversible lanes or grade separations infeasible. The City Council further finds that, pursuant to Public Resources Code Section 21081(a)(2), the implementation of the sub - regional traffic improvement package proposed by Applicant is beyond the scope of the proposed project in that it would address impacts beyond those created by the proposed project and would require multi - jurisdictional cooperation beyond the Applicant's control. Fact: The proposed project would significantly impact two intersections during the morning peak hour only, two intersections during the evening peak hour only and two intersections during both peak hours for a total of six intersections significantly impacted with Nash Street and Douglas Street remaining as one -way operations. The proposed project is expected to significantly impact one intersection during the morning peak hour only, three intersections during the evening peak hour only and two intersections during both the morning and evening peak hours for a total of six intersections significantly impacted with Nash Street and Douglas Street modified to two -way operations. Because the Specific Plan limits the total number of vehicle trips generated by the project, any change in the precise mix of uses in the project would not result in increased traffic impacts. The project's implementation of a TDM Program, connection of Maple Avenue from Nash St(eet to Douglas Street, contribution of a "fair share" payment for programmed roadway improvements and implementation of physical roadway improvement mitigation measures reduce most significant project impacts to a less than significant levels according to City of El Segundo impact criteria. However, the proposed improvements at the intersections of Rosecrans Avenue and Sepulveda Boulevard and at Rosecrans Avenue and Aviation Boulevard cannot be achieved within the existing right-of-way and the additional required right -of -way to implement the improvements is not available. Therefore, the significant traffic impacts at both intersections will remain unmitigated, even with the implementation of the following mitigation measures. EEG 124 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" The Applicant is proposing to apply a portion of Traffic Impact Fees paid by the project towards the City's share of costs of implementing a sub - regional improvement package in conjunction with other neighboring cities. The package could improve traffic conditions and address the impacts of future regional traffic growth, especially along Sepulveda Boulevard. However, because it has not yet been determined if such a package is feasible and desirable, or whether it would be funded by other cities, the EIR assumes a "worst case" scenario and identifies significant impacts. Mitigation Measures: B -1. The Applicant/developer shall implement TDM measures to increase the convenience and attractiveness of the other transportation alternative among employees and visitors. Services such as carpool and vanpool matching, vanpool formation and leasing assistance, and preferred parking for employees who carpool or vanpool together, should be provided by the project to facilitate ridesharing. These services would work well in conjunction with, and benefit those who wish to take advantage of, the high occupancy vehicle (HOV) lanes on the nearby I -105 and I -405 freeways. B -2. The Applicant/developer shall purchase a transit bus (shuttle) for the City to operate during peak commuting and lunchtime hours with circulation through the project, downtown El Segundo and the Green Line stations at the City's discretion. The type of vehicle to be purchased and route shall be established by the City of El Segundo. B -3. Bicycle travel shall be supported with the design and construction of a Bicycle Station at Mariposa Avenue and Nash Street utilizing an existing easement that has been made available for such use on the Hilton Garden hm property. The design and construction shall be subject to City of El Segundo review and approval. B -4. The Applicant/developer shall include the support of bicycle travel through such on -site amenities as internal bicycle lanes or pathways that lead to the external roadway system, bicycle racks or lockers that are distributed throughout the project, and on -site shower facilities and clothes lockers for employees. B -5. The Applicant/developer shall include the establishment of a centralized 50 125 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" transportation management office (TMO) within the project to carry out and market the above trip- reduction strategies. B -6. Maple Avenue between Nash Street and Douglas Street - Maple Avenue shall be constructed as a private road within the project but open to through traffic. While this improvement does not mitigate any specific significant intersection traffic impact, it does provide for improved circulation in the surrounding community. B-`l. Imperial Highway and Sepulveda Boulevard - The existing traffic signal operation shall be upgraded to include a westbound right -turn overlap. B -8. El Segundo Boulevard and Sepulveda Boulevard - The east and westbound approaches of El Segundo Boulevard shall be modified to provide double left turn lanes, and one right -turn only lane. Continued Operation of Nash and Douglas as One -Way Operation B -11. Imperial Highway and Nash Street /Westbound I -105 Off -Ramp - The eastbound approach of Imperial Highway shall be restriped to include one through lane, a shared through/right turn lane, and one right -turn only lane. The southbound approach should be restriped for one left-turn lane, two through lanes, and one right -turn lane. These modifications will require Caltrans approval. B -12. Atwood Way and I -105 Freeway Eastbound On -Ramp - The existing intersection shall be modified to provide two northbound through lanes and one right -turn only lane. In the eastbound direction one left turn lane, one shared through/right turn lane, and one right -turn only lane should be provided. The eastbound right -turn only lane should be approximately 150 feet in length with a 60 -foot reversal. In the westbound direction one shared left/through lane and one shared through/right -turn lane should be provided. The signal should provide split phasing. Modification of Nash Street and Douglas Street to two -way operations. Modification of Nhsh Street and Douglas Street as Two -Way Operations B -13. Atwood Way and 1 -105 Freeway Eastbound On -Ramp -The northbound approach shall be constructed to include one left -turn lane, one through 51 126 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" lane, and one shared through/right turn lane. The eastbound approach shall be striped with one left -turn lane, and one shared through/right turn lane and one right -turn only lane. The right -turn only lane shall be approximately 150 feet in length with a 60 -foot reversal. The westbound approach shall be striped with one shared left/through lane and one right - turn only lane. B -14. El Segundo Boulevard and Douglas Street -The north and southbound approaches shall be modified to include dual left -turn lanes, one through 4 lane, and one shared through/right lane. 2. Air Quality /Operational Impacts from Mobile Emissions. Effect: Emissions from vehicles traveling to and from the Project Site could significantly impact air quality. Finding: The City Council finds the following changes, alterations, or requirements are hereby incorporated into the project which will lessen the significant environmental effects of the project with respect to air quality effects from mobile emissions. Nevertheless, the proposed project would have significant adverse air quality impacts. The Reduced Project would generate proportionately fewer vehicle trips which would generate less emissions than the Original Project as set forth in Chapter VI of the FEIR. Although the Reduced Project's impacts on air quality from mobile emissions will be less than those of the Original Project, the Reduced Project's air quality from mobile emissions would remain significant and unavoidable. Fact: (a) Mobile Source Emissions - Emissions of ROC and NOx from mobile sources attributed to the project will exceed SCAQMD thresholds by 2005. Levels of CO, ROC, and NOx, the three primary mobile source pollutants, individually and cumulatively exceed the SCAQMD thresholds by 2010 and beyond. Although there is some reduction in the project - related emissions burden from the retirement of older cars in the future traffic fleet (Year 2020 is less than Year 2010 for CO, ROC and NOx), the rate of reduction is not enough to reduce the emissions to below the threshold of significance. Therefore, regional emissions (mobile source) impacts will be significant for all pollutants except PM -10. Because the degree of "excess" emissions substantially exceeds the strict SCAQMD thresholds, there is little potential to mitigate the impact by "extra" transportation 52 127 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" control measures not already included in project design. The project presumes trip reductions from MTA transit opportunities, from mixed -use trip reduction (internal trips), and from pass -by capture by retail uses. However, air quality impacts are still considered significant and not mitigable to less than significant levels. (b) Microscale Air Quality Impacts - The increase in traffic around the project area may create localized violations of ambient health standards. The proposed project of itself will not cause any localized CO levels to be high enough to cause.one -hour CO standards to be exceeded. The maximum "with project" CO levels are all less than 10 ppm above the non -local background. However, the proposed project may create localized CO exposures exceeding the 8 -hour CO standard due to a combination of greater traffic volumes and greater congestion. Project - related CO impacts for 8 -hour exposures are thus considered individually and cumulatively significant. Mitigation Measures: C -1. A desirable pedestrian environment shall be provided on the Project Site; C -2. Bicycle parking/racks with reasonable security against theft shall be provided on the Project Site; C -3. Comfortable transit access either on the Project Site or at a very close nearby location shall be provided; and C -4. Employee trips shall be reduced through preferred parking for carpoolers. C -5. One -half of one percent of required on -site parking shall be accessible to electric automobile charging stations. D. , Insignificant Cumulative Impacts. The City Council finds that the FEIR and the record of proceedings do not expressly identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the Reduced Project in conjunction with the related projects identified in Section 111 of the DEIR (collectively, the "Related Projects ") with respect to the areas listed below. The differ&ces between the Reduced Project and the Original Project do not affect this finding. Geology and Soils - Development of the proposed project in conjunction with the 53 128 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Related Projects would result in further "infilling" of various land uses in the City of El Segundo and the City of Los Angeles. Geotechnical hazards are site - specific and there is little, if any, cumulative relationship between development of the proposed project and the Related Projects. As such, construction of the Related Projects is not anticipated to combine with the proposed project to cumulatively expose people or structures to such geologic hazards as landslides and/or unstable soils, or to increase the potential for soil erosion or the loss of topsoil. Therefore, no cumulative geological impacts are anticipated from the proposed project and the Related Projects. 2. Cultural Resources - Development of the proposed project in conjunction with the Related Projects would result in further "infill" development in the City of El Segundo. Grading and construction of the Related Projects could result in potentially significant cumulative impacts to cultural resources if the Related Projects sites contain significant cultural resources and such resources are not adequately protected. However, the presence of cultural resources on any of the Related Project sites is speculative and uncertain. However, the proposed project's incremental contribution to any potential cumulative cultural resources impacts would be reduced to a less than significant level by adequate implementation of proposed cultural resources mitigation measures and would not be cumulatively considered. 3. Hydrology & Water Quality - The proposed project is not anticipated to combine with the Related Projects to produce significant cumulative storm drainage water quality impacts. First, the proposed project is located in an urbanized area where most of the surrounding properties are already developed. The storm drainage system serving this area has been designed to accommodate runoff from this built -out environment. While the proposed project will increase the amount of site - generated runoff compared to existing conditions, the proposed project will most likely generate less runoff than the previous use of the property, due to a greater proportion of landscaping. Furthermore, other than Related Project No. 17, the Related Projects identified in the FEIR are not located in the immediate area of the proposed project and are not served by the Mariposa and/or Douglas Street storm drains. The proposed project will be designed to limit its drainage so as not to exceed the capacity of the local storm drain system, including any additional drainage from Related Project No. 17. 4. Aesthetics - Related Projects are spread throughout the project locale and neighboring environs. However, only Related Project No. 17, which is located southerly of the intersection of Mariposa Avenue and Douglas Street, is close enough to combine with the proposed project to produce cumulative aesthetic character and/or view impacts. Given that both the proposed project and Related Project No. 17 are compatible uses for the local area, that there are no nearby sensitive receptors that would be disturbed by the two projects, and that no significant scenic resources would be affected, the cumulative effect would be less than 54 129 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" significant. Development of the project in conjunction with the Related Projects would cumulatively contribute to night sky illumination impacts in the area; however, additional light sources associated with the Related Projects would not be out of character with the highly urbanized nature of the project locale. Therefore, no significant cumulative impacts would result with regard to artificial light. 5. Land Use - Implementation of the proposed project in conjunction with the Related Projects would result in cumulative land use changes in this area of the City. In particular, Related Projects Nos. 17, 22, 25 and 27 would result in new development in the vicinity of the Project Site. However, these Related Projects consist principally of office and light industrial development that, in conjunction with the proposed project, would reinforce the development of this area of the City as a concentrated center of business and employment. Because this development is envisioned and planned for in the General Plan, it would not result in significant land use incompatibilities or substantial conflict with applicable plans and regulations. Therefore, cumulative impacts related to land use would be less than significant. 6. Hazardous Materials - Potential cumulative hazardous materials impacts resulting from the development of the Project Site and the Related Project could occur from: a) the use, storage or generation of hazardous substances; and b) the proximity of the Project Site and Related Project Sites to existing facilities which use, store or generate hazardous materials. There are a total of 23 Related Projects within a one -mile radius of the Project Site. Based on the distance between the Related Projects and the Project Site, existing regulations regarding the use, storage, transport, and disposal of hazardous materials, laws governing underground storage tanks, and the location of the Related Project sites, cumulative hazardous materials impacts are considered to be less than significant. 7. Public Services /Police Protection - Implementation of the proposed project in conjunction with the Related Projects would further increase the demand for police protection and services. The El Segundo Police Department ( "ESPD ") has stated that the development of the proposed, project and the Related Projects in the area may result in the need for increased staffing for existing facilities. However, some of the Related Projects are not within the City of El Segundo boundaries and would not significantly impact the ESPD. As with the proposed project, incorporation of measures to minimize demand for police service would likely be reviewed and implemented on a case -by -case basis in an effort to reduce impacts associated with future developments. Each Related Project within the City would also have to pay the Police Service Mitigation Fee. In additidn, the ESPD monitors the need for police service and addresses personnel needs. Through this process, the ability of the ESPD to accommodate future growth and maintain acceptable levels of service would be assured. Therefore, cumulative impacts on police services would be less than significant. FIB] 13G CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 8. Public Services /Fire Protection - Implementation of the proposed project in conjunction with the Related Projects would further increase the demand for fire protection and suppression services. The El Segundo Fire Department ('ESFD") has stated that the existing level of staffing appears to be sufficient for the development of the proposed project and the Related Projects in the area. In addition, some of the Related Projects are not within the City of El Segundo boundaries and would not significantly impact the ESFD. As with the proposed project, measures to minimize demand for fire service would likely be reviewed and implemented on a case -by -case bases in an effort to reduce impacts associated with future developments. Each Related Project within the City would also have to pay the required Fire Service Mitigation Fee. In addition, the ESFD monitors the need for fire services and addresses personnel and equipment needs. Through this process, the ability of the ESFD to accommodate future growth and maintain acceptable levels of service would be assured. Therefore, cumulative impacts on fire services would be less than significant. 9. Utilities /Sewer - Implementation of the proposed project in conjunction with the Related Projects would further increase demand for wastewater treatment service at the JWPCP. The total wastewater generation by the Original Project and Related Projects that would be served by the JWPCP would be 1,769,663 gpd. JWPCP has sufficient sewage treatment capacity to accommodate the sewage from the proposed project and Related Projects. If required, mitigation measures for the related developments would reduce cumulative wastewater generation, as would City- mandated water conservation measures. With the implementation of the required mitigation measures for the project, cumulative impacts to wastewater service /supply would be less than significant. 10. Utilities /Water - Implementation of the proposed project in conjunction with the Related Projects would further increase demand for water service provided by the West Basin Municipal Water District ( "WBMWD "). The total water consumption by the Original Project and Related Projects within the WBMWD service area would be 2,235,915 gpd. There is adequate future water supply to accommodate the cumulative demand for water supply. As with the proposed project, all Related Projects would be subject to the locally mandated water conservation programs. If required, mitigation measures for the related development would also reduce cumulative water consumption. Cumulative impacts to water service /supply would be less than significant. 11. Utilities /Natural Gas - Implementation of the proposed project in conjunction with the Related Projects would furthed increase demand for natural gas service. The total natural gas consumption by the Original Project and Related Projects would be 9,512,788 cubic feet /day. The cumulative demand for natural gas can be accommodated by existing supplies and distribution capacity. Compliance with requirement of Title 24 of the California Administrative 56 131 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Code would reduce the cumulative demand for natural gas. The Related Projects are likely to require "will serve" letters from the Gas Company as well. Cumulative impacts to natural gas service /supply would be less than significant. 12. Utilities /Electricity - Implementation of the proposed project in conjunction with the Related Projects would further increase demand for electricity service provided by SCE. The total electricity consumption by the Original Project and Related Projects within the SCE service area would be 352,585 kilowatts per day. LAX and any other Related Projects located within the City of Los Angeles would receive electricity from the Los Angeles Department of Water and Power ( "LADWP "). If required, mitigation measures for the related developments would also reduce cumulative electricity consumption, as would compliance with Title 24 of the California Administrative Code. Cumulative impacts to electricity service would be less than significant. E. Cumulative Impacts That Cannot Be Mitigated to a Level of Insignificance. The City Council finds that in response to each cumulative impact identified below, changes or alterations have been required or incorporated into the Reduced Project which lessen the significant adverse environmental impact. However, these impacts cannot be totally avoided or reduced to a level of insignificance if the Reduced Project is implemented. The Reduced Project's contribution to these cumulative impacts would be cumulatively considerable under CEQA. All of the remaining unavoidable cumulative effects identified below are acceptable when balanced against the overriding benefits of the Reduced Project as set forth in Section V below. The alternatives to the project discussed in the FEIR have been rejected for the reasons set forth in Section MY below. The differences between the Reduced Project and the Original Project do not affect this finding. 1. Traffic - Project traffic in conjunction with traffic from the Related Projects would cause a number of area intersections to experience LOS E and LOS F conditions by the year 2009. When the addition of cumulative development in the study area is taken into consideration, twelve additional intersections would be significantly impacted if Nash Street and Douglas Street remain as one -way configurations and thirteen additional intersections would be significantly impacted if Nash Street and Douglas Street are modified to two -way operations. However, it is likely that the future conditions will be better than this "worst case" analysis because it is not likely that all of Related Projects will be built or built to the intensity currently envisioned. In addition, several of the Related Projects will be conditioned to provide traffic enhancements to mitigate their oA project impacts, but none of these mitigations is included in this analysis. 2. Air Quality. Implementation of the project in conjunction with the Related 57 132 CITY COUNCIL "SOLUTION NO' 4241 during both the asin the South Coast Air daily trip generation of t levels in redicted ollutants, existing air P °1lutan elated Pr °jects have P mablle source obile bases. The and Nix, the three puma olds. Because m Project would increase thresh a o erational p CO QC SCAQIAD eshoIds to b cnon and P Levels of g ificanec thr Constar s exceed the CAQMD sign e excel 280,148 daily trip ' ro ect individually the S , bstantially to the ality the proPpSed p j - t individually cause ontribute su from from the project PM_l0, it will c to cumulative air qu is except h. The project's co Project emissions ]l ollutan plus exceeded for a P illative 9'0'4 iderable- educed Project all cum cons EIR, the R orate emissions from ulatively V U of the F at l2 seP impacts is therefore cum in Chapter > +3dB increase) ctutmlative No iscusSed act ( ore), ill As d ificant imp 3 d$ or m Site w 3 cause a sign increases ( to the Pack ment would ificant roads adj dBCNf'L contour develop ulatively sign including ,fie 70 r 5p feet Cumulative Despite the C o u perimeter roads, �L range atn near the Park, will rem roadway 70 dB CN unacceptable for wise levels along 60 to very Low including ally buildout n the upper ]armed project uses> nsidered normally area roadways' be in most p ` L contour co of all p u las Continue to table for m 75 dB C]`lE t of -Way Nash and Do g idered accep within the riff alternative on area roadways' Cons adway centerline- will remain two-way ftom the ro sitive uses h the traffic noise increases °nconsiderable' less noise sen a traffic throug cumulatively even avid ificant etsal of arc ulatively sib illative impact is used The bettet disP t eliminate cum ificant cum lementation of the Prop will reduce, but no to this sign roject'scontribution and Em 10 ent. lrrc loynent The P Id further increase emoPed pYOJect in o illation Housino ectswou e plop innately 50,$83 pew. 41 - the Related Pt j surroilTiding aTeaa Th P undo and ,nerate apPT However, because job project in conjunction wt of E1 Seg ulatively ti owth. significant the City eats would cum al job V e Cansideted a si opportunities in the Related Proj contribute rove Would not b roject in conjunction tian with nCTementally b the proposed P the South Bay conjune roject would such job g o ulauon in Bath jobs. The p beneficial effect`oyment generated by p p d for housing - growth is considered a the emP increase the regional demon area are expected act. however, itantly the unding ects would cone° and consequently sumo cumulative imp Froj area Subregion and with the Rela e and surrounding Cities S 2010 'This suggests that housing lling Can ent in the South Bay Cities and residents Psr Cities SubYeg d emP] °dip en the years average number the projections for slow population betwe 1 tight, and the onfitans proposed In to rise faster than housing elated Projects c tally prop xo ects- will become increasingo the R same list. Related P j A review w housing units are curl' tnrction, it is availability only 8 >3`0 new , ons be expected to increase• ion> would be created b hh and h °using ' and housing owth m the leg 50 >8813 jobs ated job gr ttiwih imately between PYOje act on P°Pirlation g siderable. housing Sr ulatively con comparison, aPPTOX is arity ill iv mi will be cum on the substantia; Pa significant c tribution Based ed that there w incremeutal con conclud and that the pr °Jett s demand, 58 1 ti CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 5. Utilities /Solid Waste. Implementation of the proposed project in conjunction with the Related Projects would further increase demand on landfill capacity. The total solid waste generation by the Original Project and the Related Projects would be 433,635 pounds per day. Cumulative solid waste generation would represent 1.7 percent of the permitted daily amount currently accepted at the Puente Hills Landfill facilities and 3.3 percent of the permitted daily amount currently accepted at the Sunshine Canyon Landfill. As with the proposed project,, the Related Projects would be required to participate in recycling programs, thus reducing the amount of solid waste to be disposed of at the landfills described above. Source reduction and recycling programs mandated by AB 939 would also reduce cumulative solid waste generation. Although the proposed project and Related Projects would not produce an amount of solid waste that exceeds available landfill capacity, they would contribute to a significant adverse cumulative impact on solid waste disposal capacity caused by regional growth. The project's contribution to this significant impact would be cumulatively considerable. F. Project Alternatives. The City Council certifies that (a) the FEIR describes a reasonable range of alternatives to the proposed project, which could feasibly attain most of the basic objectives of the project and would avoid or substantially lessen any significant effects of the proposed project; and (b) the City Council evaluated the comparative merits of the alternatives and rejected them in favor of the Reduced Project. Furthermore, the City Council certifies that it has considered the merits of the Reduced Project by studying the adequate descriptions of the alternatives that are discussed in the FEIR and making informed comparisons. No Project Alternative (Alternative A). Description: Under the No Project Alternative, the proposed project would not be constructed and the Project Site would remain vacant. The No Project Alternative assumes the continuation of existing conditions as well as development of the Related Projects. Finding: The City Council finds, pursuant to Public Resources Code Section 21081(a)(3), that specific economic, legal, social, technological or other considerations make the No Project Alternative identified in the FEIR infeasible. This alternative does not fulfill the basic objectives of the project. 13 tcause the Reduced Project generally has similar or less impacts than the Original Project, the differences between the Reduced Project and the Original Project do not affect this finding. Fact: The No Project Alternative is discussed at pages VI -4 - VI -9 of the DEM. 59 13 4 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" Because no development would occur on the Project Site, this alternative would not fulfill any of the basic project objectives, including the objectives to develop a project with a variety of uses as provided in the Urban Mixed -Use North and Multimedia Overlay Zones, to result in a project that is architecturally distinctive or of superior design, to provide parking on the Project Site, to optimize employment opportunities within the City of El Segundo, to facilitate internal pedestrian movement to a number of places which would adhere to livable community principles and increase the quality of life. Compared to the Original Project, this alternative would have less impacts with respect to traffic, air quality (short- term), air quality (long - term), noise (short- term), noise (long - term), geology and soils, cultural resources, hydrology and water quality, land use compatibility, population, housing and employment, hazardous materials, police protection, fire protection, sewer, water, solid waste, natural gas and electricity. The alternative would have comparable impacts with respect to land use (general plan/zoning consistency). The No Project Alternative would have greater impacts than the Original Project with respect to aesthetics. 2. Reduced Density Alternative (Alternative B) Description: Under the Reduced Density Alternative, the size of the proposed project would be reduced by 731,000 gross square feet, for a total of 1,833,200 gross square feet, which represents approximately a 30 percent reduction. The Reduced Density Alternative would include the same mix of land uses as the proposed project, including the 14,200 square -foot fire station. However, the Reduced Density Alternative reduces the office component of the proposed project by 572,000 gross square feet for a total of 1,428,000 gross square feet. Also, the Reduced Density Alternative reduces the retail component of the proposed project by 44,000 gross square feet for a total of 109,000 gross square feet. With the exception of the fire station, all other uses would be reduced by at least 3,000 gross square feet. Findin : The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific economic, legal, social, technological or other considerations make the Reduced Density Alternative identified in the FEIR infeasible. This alternative does not meet the basic project objectives as fully as the Reduced Project. Fact: The Reduced Density Alternative is discussed at pages VI -10 - VI -18 of the DEIR. While this alternative would achieve most of the basic project objectives, it would not meet as fully as the Reduced Project the objectives of developing a project that is financially viable and at the same time providing benefits to the City, generating significant local and regional revenues through businesst, property and sales tax revenues, and optimizing employment opportunities within the City, while mitigating to the extent feasible, the proposed project's environmental impacts. Compared to the Original Project, this alternative would have less impacts with respect to traffic, air quality (short- term), air quality (long - term), noise (short- term), 60 135 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" noise (long - term), population, housing and employment, hazardous materials, police protection, sewer, water, solid waste, natural gas and electricity. The impacts of this alternative with respect to geology and soils, cultural resources, hydrology and water quality, aesthetics, land use (general plan/zoning consistency) and land use compatibility would be comparable to those of the Original Project. Alternative Land Use Mix (Alternative C). Description: The Alternative Land Use Mix consists of the same total square footage as the proposed project, but eliminates the R &D /light industrial and medical /dental uses. The Alternative Land Use Mix increases telecommunications /web hosting uses by 220,000 gross square feet above amount included in the proposed project, for a total of 295,000 gross square feet. In addition, the retail component of the proposed project would be reduced by 58,000 gross square feet under the Alternative Land Use Mix. Finally, the Alternative Land Use Mix reduces the restaurant use by 52,000 gross square feet compared to the proposed project. All other land uses (e.g. office, health club, hotel/conference, etc.) would be the same size as the proposed project. Finding: The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technological or other considerations make the Alternative Land Use Mix Alternative identified in the FEIR infeasible. The additional considerations are the significant additional or more severe environmental effects set forth below. This alternative is rejected on environmental grounds. The impacts of the Alternative Land Use Mix are generally comparable to the Original Project. Because the Reduced Project will have less impacts in several categories than the Original Project, the Reduced Project will generally have less impacts in such categories than the Alternative Land Use Mix. Fact: The Alternative Land Use Mix Alternative is discussed at pages VI -19 - VI -27 of the DEIR. This alternative appears to meet all of the basic project objectives with the exception of providing R &D /light industrial and medical /dental uses, and providing a mix of uses to promote walking and decrease vehicle trips. Compared to the Original Project, this alternative would have less impacts with respect to traffic, air quality (long - term), noise (long- term), population, housing and employment, hazardous materials, police protection, fire protection, sewer and water. The impacts of this alternative with respect to air quality (short - term), noise (short- term), geology and soils, cultural resources, hydrology and water quality, aesthetics, land use (general planJoning consistency), land use compatibility, and solid waste would be comparable to those of the Original Project. Impacts relating to natural gas and electricity would be greater than the Original Project. 61 13 6 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 4. Reduced Density and Alternative Land Use Mix (Alternative D). Description: Under the Reduced Density and Alternative Land Use Mix, the size of the proposed project would be reduced by 1,535,000 gross square feet, for a total of 1,029,200 gross square feet, which represents a 60 percent reduction. The Reduced Density and Alternative Land Use Mix reduces the commercial office space of the proposed project by 1,500,000 gross square feet for a total of 500,000 gross square feet. The Reduced Density and Alternative Land Use Mix also reduces the retail component by 15,000 gross square feet, but increases the telecommunicatigns /web hosting use by 425,000 gross square feet compared to the proposed project. With the exception of the fire station, all of the other land uses proposed by the project (e.g. R &D /light industrial, restaurant, health club, medical dental, etc.) would be deleted under the Reduced Density and Alternative Land Use Mix. Finding: The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technological or other considerations make the Reduced Density and Alternative Land Use Alternative identified in the FEIR infeasible. This alternative would not meet the basic project objectives as fully as the Reduced Project. Fact: The Reduced Density and Alternative Land Use Alternative is discussed at pages VI -28 - VI -36 of the DEIR. This alternative appears to meet some of the project objectives with the exception of providing the following land uses: R &D /light industrial, restaurant, health club, hotel/conference, medical/dental, and day care, all of which are included in the proposed project description. As such, this alternative does not meet as fully as the Reduced Project the objective of developing a project with a variety of uses as provided in the Urban Mixed -Use North and Multimedia Overlay Zones. In addition, this alternative may not be financially viable for the Applicant. It would also provide fewer fiscal benefits to the City and would not generate as significant local and regional revenues. This alternative would also not meet the objective of facilitating internal pedestrian movement to a number of places which would adhere to livable community principles and increase the quality of life. Compared to the Original Project, this alternative vvlould have less impacts with respect to traffic, air quality (short- term), air quality (long - term), noise (short- term), noise (long - term), land use (general plan/zoning consistency), population, housing and employment, hazardous materials, police protection, fire protection, sewer, water, water and solid waste. This alternative would have comparable impacts with respect to geology and soils, cultural resources, hydrology and water quality, aesthetics and land use compatibility. This alternative would have greater impacts than the Original Project with respect to natural gas and electricity. 131 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" 5. Park Alternative (Alternative E). Description: Under the Park Alternative, a five -acre park would be provided at the southeast corner of the Project Site near the intersection of Mariposa Avenue and Douglas Street. The five -acre park would include soccer and baseball fields, and possibly other recreational facilities such as tennis courts, volleyball courts, swimming pool, and ancillary buildings and structures (e.g. restrooms, bleachers, snack bar, etc.). The park would include night lighting for evening use and would include shared parking with other Project Site land uses. In addition to the five -acre park, the Park Alternative would also include the same mix of land uses as the proposed project as well the same amount of square footage as the Original Project. Under this alternative, buildings proposed at the southeast corner of the site under the proposed project would be moved to other areas on the site, resulting in an increase in density in such areas compared to the Original Project. Findin : The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific economic, social or other considerations make the Park Alternative identified in the FEIR infeasible. The additional considerations are the significant additional or more severe environmental effects set forth below. Therefore, this alternative is rejected on environmental grounds. The impacts of the Park Alternative are generally comparable to the Original Project. Because the Reduced Project will have less impacts in several categories than the Original Project, the Reduced Project will generally have less impacts in such categories than the Park Alternative. Fact: The Park Alternative is discussed at pages VI -37 - VI -45 of the DEIR. While this alternative appears to meet all of the project objectives, it would also create a number of significant adverse environmental effects. Compared to the Original Project, this alternative would have less impacts with respect to hydrology and water quality. The impacts of the Park Alternative with respect to air quality (short- term), noise (short- term), geology and soils, cultural resources, land use (general plan/zoning consistency), land use compatibility, hazardous materials, and solid waste would be comparable to those of the Original Project. Impacts relating to traffic, air quality (long - term), aesthetics, population, housing and employment, police protection, fire protection, sewer, water, natural gas and electricity would be greater than the Original Project. IV. GROWTH- INDUCING IMPACTS OF THE PROPOSED ACTION AND SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES A. Growth Inducing Impacts. The proposed project would foster economic growth by increasing the number of employees and customers on the Project Site, who could, in turn, 63 138 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" also patronize local businesses and services in the area. As described in Section IV.J (Population, Housing and Employment) of the FEIR, construction of the proposed project would result in increased employment opportunities in the construction field. Implementation of the proposed project would provide employment for approximately 7,763 persons by project completion in the year 2009. The proposed project does not include housing and therefore would not include (direct) permanent population growth. No significant population, housing or employment impacts would be created by the proposed project. The proposed project would not induce growth in an area that is not already developed with infrastructure to accommodate such growth. The Project Site is within the highly developed urban setting and the proposed project does not include the construction of new infrastructure that would accommodate additional growth in an inappropriate location. The proposed project can be adequately serviced by existing and/or expansion of existing water and sewer lines and roadways. Police and fire services in the area would also adequately serve the project. Thus, the Reduced Project would not result in significant growth inducing impacts. B. Significant Irreversible Environmental Changes. Construction of the proposed project would require the use of nonrenewable resources (i.e., wood, sand, gravel, fossil fuels) for building materials and to fuel construction vehicles and equipment. Subsequent use and maintenance of the proposed project would also require the long -term consumption of these nonrenewable resources at reduced levels typical for such a development. Long -term increases in ambient air pollution and noise levels would also occur as a result of the proposed project. The proposed project would also add traffic to local roads, resulting in significant, unavoidable transportation/circulation impacts at various study intersections. Potential irreversible damage from environmental accidents associated with the project are unlikely and will be avoided by compliance with the mitigation measures identified in the FEIR as well as existing city, county, state and federal safety. V. STATEMENT OF OVERRIDING CONSIDERATIONS The City Council finds that the unavoidable significant impacts of the Reduced Project as discussed in Section III.0 above and the unavoidable significant cumulative impacts discussed in Section 111. E above are acceptable when balanced against the benefits of the Reduced Project. This determination is based on the following factors and the substantial public, social, economic, and environmental benefits flowing from the Reduced Project as identified in the FEIR and the record of proceedings in the matter. The differences between the Original Project and the Reduced Project do not materially affect this finding. 64 139 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" • Creation of new jobs and increased sales tax revenues; • Increased amount of commercial retail stores, restaurants, day care and other commercial amenities for residents and employees; • Onsite and offsite infrastructure improvements; • Full land utilization to attract a mix of neighborhood and regional- serving commercial uses; • Superior urban design with many pedestrian- friendly features, which will further strengthen the sense of community, adhere to livable community principles, and enhance the quality of life in the City; Facilitation of the long -term economic health of the eastside of the City; • Development of a property that is currently vacant and unused; • Increased and further stabilized City tax base through development of new commercial businesses; • Increased City revenues through a generation of taxes that outweigh the City cost of services; • Increased employment opportunities for the City's citizenry; • Development of a project that will increase the use of MTA Green Line; • Development of a project that is consistent with the elements of the General Plan; • Dedication of a one -acre site for the relocation of Fire Station No. 2; • Contribution of a Bike Station adjacent to the Nash - Mariposa Green Line Station; • Acquisition of approximately five acres of land for public recreational facilities at below fair market value as confirmed by an independent appraisal; • Development of a high quality project with distinctive architecture, abundant open space, and lush landscaping; and • Provision of needed office space to allow existing businesses in the City to expand and to attract new businesses to the City. VI. SUBSTANTIAL EVIDENCE The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the FFIR, which is incorporated herein by this reference, and in the record of proceedings in the matter. To the extent applicable, each of the other findings made by the City Council in connection with its approval of the entitlement applications listed in Section I above are also incorporated herein by this reference. 65 140 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "A" The FEIR evaluates the Project's potential for adverse environmental impacts. When considering the record as a whole, there is no evidence before the City Council that the Reduced Project will have a potential for an adverse effect on wildlife resources of the habitat upon which wildlife depends. Based on the FEIR, the presumption of adverse effect set forth in 14 California Code of Regulations, Section 753.5(d), does not apply in this case. Therefore, the City Council finds that the Project would be de minimis in its effect on fish and wildlife. P:\Planning & Building Safety\PROJECTS \526 - 550 \Ea -548 \1246101 v2 - CEQA Findings -Revised 12- 11- 01.doc t 141 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONTTORING AND REPORTING PROGRAM PROCEDURES Section 21081.6 of the Public Resources Code requires a Lead Agency to adopt a "reporting or monitoring program for the changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment' (Mitigation Monitoring Program, Section 15097 of the CEQA Guidelines provides additional direction on mitigation monitoring or reporting). The Community, Economic and Development Services Department for the City of El Segundo is the Lead Agency for the El 4egundo Corporate Campus Project. A Draft Environmental Impact Report has been prepared to address the potential environmental impacts of the proposed project. Where appropriate, this environmental document identified project design features or recommended mitigation measures to avoid or to reduce potentially significant environmental impacts of the proposed project. This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of the mitigation measures identified for the El Segundo Corporate Campus Project. The MMRP is subject to review and approval by the Lead Agency as part of the certification of the EIR and adoption of project conditions. The required mitigation measures are listed and categorized by impact area, with an accompanying identification of the following: • Monitoring Phase, the phase of the project during which the mitigation measure shall be monitored Pre- Construction, including the design phase Construction Post- Construction • The Implementing Party, the agency with the power to implement the mitigation measure • The Enforcement Agency, the agency with the power to enforce the mitigation measure, and 1 • The Monitoring Agency, the agency to which reports involving feasibility, compliance, implementation and development are made. The MMRP performance shall be monitored annually to determine the effectiveness of the measures implemented in any given year and reevaluate the mitigation needs for the upcoming year. El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page I 1440 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November- 2001 I. TRAFFIC B -1. The project applicant /developer shall implement TDM measures to increase the convenience and attractiveness of the other transportation alternatives among employees and visitors. Services such as carpool and vanpool matching, vanpool formation and leasing assistance, and preferred parking for employees who carpool or vanpool together, shall be provided by the project to facilitate ridesharing. These services would work well in conjunction with, and benefit those who wish to take advantage of, the high occupancy vehicle (HOV) lanes on the nearby I -105 and I -405 freeways. Monitoring Phase: Post- Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division B -2. The project applicant/developer shall purchase a transit bus (shuttle) for the City to operate during peak commuting and lunchtime hours with circulation through the project, downtown El Segundo and the Green Line stations at the City's discretion. The type of vehicle to be purchased and route shall be established by the City of El Segundo. Monitoring Phase: Post- Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Department of Public Works, Department of Recreation and Parks Monitoring Agency: Planning Division, Department of Public Works Department of Recreation and Parks B -3. Bicycle travel shall be supported with the design and construction of a Bicycle Station at Mariposa Avenue and Nash Street utilizing an existing easement that has been made available for such use on the Hilton Garden Inn property. The design and construction shall be subject to City of El Segundo review and approval. Monitoring Phase: Pre - Construction Implementation Party: Applicant l Enforcement Agency: Planning Division, Department of Public Works Monitoring Agency: Planting Division, Department of Public Works B -4. The project applicant shall include the support of bicycle travel through such on -site amenities as internal bicycle lanes or pathways that lead to the external roadway system, bicycle racks or lockers that are distributed throughout the project, and on -site shower facilities and clothesilockers for employees. El Segundo Corporate Campus Project Mitigation Monaca ing and Reporting Progrmn Page 2 143 CITY COUNCIL RESOLUTION NO, 4241 EXHIBIT "B" City of El Segundo November 2001 Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Planning Division Monitoring Agency: Department of Public Works, Planning Division B -5. The project applicant shall include the establishment of a centralized transportation management office (TMO) within the project to carry out and market the above trip - reduction strategies. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division B -6. Maple Avenue between Nash Street and Douglas Street — Maple Avenue shall be constructed as a private road within the project but open to through traffic. While this improvement does not mitigate any specific significant intersection traffic impact, it does provide for improved circulation in the surrounding community. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Department of Public Works Monitoring Agency: Planning Division, Department of Public Works B -7. Imperial Highway and Sepulveda Boulevard — The existing traffic signal operation shall be upgraded to include a westbound right -turn overlap. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, City of Los Angeles Department of Transportation Monitoring Agency: Department of Public Works, City of Los Angeles Department of Transportation B -8. El Segundo Boulevard and Sepulveda Boulevard — The east and westbound approaches of El Segundo Boulevard shall be modified to provide double left turn lanes, two through 1 lanes, and one right -turn only lane. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Caltrans Monitoring Agency: Department of Public Works, Caltrans B -9. Imperial Highway and Nash Street /Westbound I -105 Off -Ramp — The eastbound approach of Imperial Highway shall be restriped to include one through lane, a shared through/right turn lane, and one right -twin only lane. The southbound approach should be restriped for one left -turn lane, two through lanes, and one right -turn only lane. These El Segundo Corporate Cmnpus Po oject Mitigation Monitoring and Reporting Aograni Page 3 14 4 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 1001 modifications will require Caltrans approval. This is required only for one -way operations of Nash - Douglas couplet. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Caltrans, City of Los Angeles Monitoring Agency: Department of Public Works, Caltrans, City of Los Angeles B -10. Atwood Way and I -105 Freeway Eastbound On -Ramp — The existing intersection shall be modified to provide two northbound through lanes and one right turn only lane, In the eastbound direction one left turn lane, and one shared through/right turn lane, and one right -turn only lane should be provided. The eastbound right -turn only lane should be approximately 150 feet in length with a 60 -foot reversal. In the westbound direction one shared left/through lane and one shared through/right -turn lane should be provided. The signal should provide split phasing. This is required only for one -way operations of Nash - Douglas couplet. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Caltrans Monitoring Agency: Department of Public Works, Caltrans B -11. Atwood Way and I -105 Freeway Eastbound On -Ramp — The northbound approach shall be constructed to include one left -tum lane, one through lane, and one shared through/right turn lane. The eastbound approach shall be striped with one left -turn lane, and one shared through/right turn lane and one right -turn only lane. The right -turn only lane shall be approximately 150 feet in length with a 60 -foot reversal. The westbound approach shall be striped with one shared left /through lane and one right -turn only lane. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Caltrans Monitoring Agency: Department of Public Works, Caltrans I B -12. El Segundo Boulevard and Douglas Street -- The north and southbound approaches shall be modified to include dual left -turn lanes, one through lane, and one shared through/right lane. This is required only for two -way operation of Nash and Douglas Streets. Monitoring Phase: V Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works Monitoring Agency: Department of Public Works El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Programs Page 4 14 5 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" QYv of El Segundo November 2001 II. AIR QUALITY Minor diversion to less polluting transportation can be achieved by the following mitigation measures: C -1 C -2. C -3 A desirable pedestrian environment shall be provided on the project site. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Bicycle parking /racks v project site. Construction, Post- Construction Applicant Planning Division Planning Division ith reasonable security against theft shall be provided on the Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Comfortable transit access either on the project site or at a very close nearby location shall be provided. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division C -4. Employee trips shall be reduced through preferred panting for carpoolers. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division C -5. 1 One -half of one percent of required on -site parking shall be accessible to electric automobile charging stations. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agencty: Planning Division Monitoring Agency: Planning Division El Segundo Corporate Canapus Project Mitigation Monitoring and Reporting Program Page 5 146 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Clearing /Grading C -6. Maintain soil moisture at a minimum of 12 percent for any cut - and -fill areas within 100 feet of the property line to the depth of the cut. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant SCAQMD Building Safety Division C -7. Water as necessary to prevent a visible dust cloud from exceeding 100 feet from the disturbance area or from passing across the project site boundary. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Disturbed Area Construction Applicant SCAQMD Building Safety Division C -S. Apply chemical stabilizer to any disturbed area to prevent a visible cloud from forming during high wind conditions. C -9. Water any non - stabilized disturbed areas twice per day. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: SCAQMD Monitoring Agency: Building Safety Division Track -Out Control C -10. Apply chemical stabilizer or pave the last 100 feet of internal travel path prior to public road entry, or install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant SCAQMD Building Safety Division C -11. Remove any visibletrack-out into public streets within 30 minutes of occurrence. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: SCAQMD Monitoring Agency: Building Safety Division, Department of Public Works El Segundo Corporate Campus Project Mitigation Monitoring mid Reporting Program Page 6 147 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of Et Segundo November 2001 C -12. Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has resulted. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant SCAQMD Building Safety Division C -13. Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: SCAQMD Monitoring Agency: Building Safety Division, Department of Public Works Dirt Hauling C -14. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blowoff during hauling. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: SCAQMD Monitoring Agency: Building Safety Division High Wind Operations C -15. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant SCAQMD Building Safety Division NO Emissions i C -16. All diesel- fueled, off -road equipment shall be delivered to the site, and maintained while on site, with engines tuned to minimum NOx generation consistent with good fuel economy. Monitoring Phase: Implementation Parity: Enforcement Agency: Monitoring Agency: Construction Applicant SCAQMD Building Safety Division El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 7 j-48 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 1II. NOISE D -1. Construction activities shall be prohibited during the hours from 6 p.m. to 7 a.m. on weekdays and Saturdays and any time on Sundays and holidays except in emergencies. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division D -2. Construction equipment shall be equipped with properly operating mufflers. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division D -3. Stationary on -site construction equipment and construction vehicle staging shall be placed such that emitted noise is sufficiently minimized, to the satisfaction of the Community, Economic and Development Services Department. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: IV. GEOLOGY AND SOILS Construction Applicant Building Safety Division Building Safety Division E -1. A comprehensive geotechnical investigation shall be submitted as part of the permitting process for the project. Specific design recommendations presented in the comprehensive geotechnical report shall be incorporated into the final design and construction of the proposed project. The comprehensive geotechnical report shall include, but not necessarily be limited to the following geotechnical hazards: • Ground Shakin¢: The proposed development shall be designed and built to provide life safety for occupants of the structures in the event of the strong earthquake ground motions expected to occur in the vicinity of the site. • Stability of Permanent Slopes and Temporary Excavations: The comprehensive geotechnicalk report shall include specific recommendations for design and construction of proposed temporary and permanent slopes to be incorporated into the design and construction of each building prior to issuance of building permits. El Segundo Coiporate Cmnpus Project Mitigation Monitoring and Reporting Program Page 8 149 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Expansive and Corrosive Soils: The comprehensive geotechnical report shall evaluate the expansion and corrosion potential of the on -site materials. If the on- site soils are determined to be expansive or corrosive, specific recommendations shall be provided in the comprehensive geotechnical report that will reduce any impacts to a level that is less than significant. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division E -2. Erosion 4 Drainage collection devices shall be designed in conformance with City of El Segundo grading and building codes to ensure that all runoff will be collected and transferred to the proper collection devices. The applicant shall provide analysis of the drainage volume created by the proposed project. All design of drainage flow, collection, and discharge shall be in conformance with current city codes and subject to approval by the City of El Segundo. On -site grading shall be performed in accordance with city codes so that erosion of graded areas will not occur. All areas of construction shall be fine- graded to direct runoff to the street or to the nearest available storm drain. No runoff within the property boundaries shall be allowed to flow uncontrolled over the existing slopes. All permanent slopes shall be planted in conformance with current city grading codes. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Department of Public Works Monitoring Agency: Building Safety Division, Department of Public Works E -3. The comprehensive geotechnical investigation shall use site - specific soil and groundwater data to specifically evaluate the potential for liquefaction at the project site. If there is a medium to high potential, specific recommendations shall be included in the geotechnical report. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division E-4. Prior to issuing a grying permit, the applicant shall obtain a haul route approval for the export materials from the City and shall comply with applicable restrictions. Monitoring Phase: Pre - Construction Implementation Party: Applicant El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 9 150 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Enforcement Agency: Building Safety Division, Department of Public Works Monitoring Agency: Building Safety Division, Department of Public Works E -5. Where the planned depth of excavation for foundations does not extend below the existing fill soils, the existing fill soils shall be removed and recompacted in accordance with the requirements of the appropriate governmental agencies and geotechnical recommendations. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division E-6. A registered civil engineer practicing geotechnical engineering, or his/her representative, shall be present on site to observe grading operations and to observe foundation excavations. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division E -7. Specifications for site grading shall be subject to approval by the City Building Official. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - Construction Applicant Building Safety Division Building Safety Division E -8. Where there is sufficient space for sloped excavations, temporary cut slopes may be made at a 1 %:1 or 1:1 (horizontal to vertical) gradient with the 1' /a:l slope made adjacent to existing structures. However, the stability of the graded slopes shall be addressed during the site - specific geotechnical investigation, and when grading plans are completed for the proposed development. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - Construction, Construction Applicant Building Safety Division Building Safety Division E -9. If temporary excavation slopes are to be maintained during the rainy season, it will be necessary to direct V11 drainage away from the top of the slope. No water shall be allowed to flow uncontrolled over the face of any temporary or permanent slope. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division El Segundo Ccaporate Campus Project Mitigation Monitor ing and Reporting Program Page 10 151 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of E1 Segundo November 2001 Monitoring Agency: Building Safety Division E -10. Water shall not be allowed to pond at the top of the excavation or allowed to flow into the excavation. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division E -11. Where sufficient space for sloped excavations is not available, shoring shall be used. The shoring system may consist of soldier piles and lagging. The recommendations presented in the site - specific geotechnical investigation report for the proper design of the shoring 4 system shall be followed. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division E -12. Final shoring plans and specifications shall be reviewed and approved by a civil engineer practicing geotechnical engineering. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre- Construction Applicant Building Safety Division Building Safety Division E -13. The recommendations presented in the site - specific geotechnical investigation report for design of walls below grade to support the lateral earth pressure and the additional surcharges from adjacent buildings and traffic shall be followed. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division E-14. A drainage system shall be placed at the back of and /or the base of building walls below grade. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Department of Public Works Monitoring Agency: Building Safety Division, Department of Public Works E -15. Suspect or visibly impacted soil or groundwater would require analysis to assess the contamination potential. El Segundo Corporate Cainpus ProJecr Mitigation Monitoring and Reporting Program Page 11 152 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: V. CULTURAL RESOURCES Construction Applicant Building Safety Division Building Safety Division F -1. In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease in these areas until the resources are properly assessed and subsequent recommendations are determined by a qualified consultant. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Planning Division F -2. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site that are not reasonably suspected to overlie adjacent remains or cultural resources. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Planning Division I VI. HYDROLOGY & WATER QUALITY Construction - Hydrology G -1. The applicant shall prepare a master drainage plan for the proposed project site. This plan shall include detailed hydrology /hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate potential for downstream flooding due to increased storm water runoff. These plans will also identify the proposed Best Management Practices to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan. Such plans shall be reviewed and El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 12 153' CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 1001 approved by the City of Works. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction — Water Quality El Segundo and the Los Angeles County Department of Public Pre -Construction Applicant , Los Angeles County Department of Public Works, Building Safety Division, Department of Public Works Building Safety Division, Department of Public Works G -2. The project applicant /developer shall file a Notice of Intent (NOI) for the National Pollutant Discharge Elimination System General Permit for Construction Activities with the California State Water Resources Board. Compliance with the NPDES general permit shall be certified by the Regional Water Quality Control Board prior to the issuance of grading and building permits. Monitoring Phase: Pre- Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Los Angeles Regional Water Quality Control Board ( LARWQCB) Monitoring Agency: Department of Public Works, LARWQCB G -3. During construction and operations, all waste shall be disposed of in accordance with all applicable laws and regulations. Properly labeled recycling bins shall be utilized for recyclable construction materials including solvents, water -based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non - recyclable materials and wastes must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works Monitoring Agency: Department of Public Works, Fire Department G -4. 1 All leaks, drips and spills occurring during construction shall be cleaned up promptly to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works Monitoring Agency: Department of Public Works, Fire Department G -5. If materials spills occur, they should not be hosed down. Dry cleaning methods shall be employed whenever possible. Monitoring Phase: Construction, Post- Construction EI 7g.nda Corporate Campus Project Mitigation Monitoring and Reporting PPoogrmn Page 13 154 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division G -6. The proposed project shall comply with City of El Segundo Ordinance No. 1235 and No. 1329, which establishes storm water and urban pollution controls. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction, Post - Construction Applicant Building Safety Division, Department of Public Works Building Safety Division, Department of Public Works G -7. Construction dumpsters shall be covered with tarps or plastic sheeting if left uncovered for extended periods. All dumpsters shall be well maintained. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division G -8. The project applicant/developer shall conduct inspections of the project site before and . after storm events to determine whether control practices (BMPs) to reduce pollutant loadings identified in the Storm Water Pollution Prevention Plan are adequate and properly implemented. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Department of Public Works, Monitoring Agency: Building Safety Division, Department of Public Works, LARWQCB G -9. The project applicant/developer shall conduct street sweeping and truck wheel cleaning to prevent dirt in storm water. 1 Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Department of Public Works Monitoring Agency: Building Safety Division, Department of Public Works Operations El Segundo Corpo ate Campus Project Mitigation Monitoring and Reporting Program Page 14 155 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 G -10. In accordance with the California Health and Safety Code (Chapter 6.95, Article 2, Section 25.5.30 et. etc.), the project applicant shall submit a Risk Management Plan for the Self - Generating Electric Facility to the Certified Program Agency (i.e., City of El Segundo Fire Department) for review and approval. In accordance with Title 19 of the California Code of Regulations, the City of El Segundo Fire Department shall determine whether the chemicals proposed for use, storage, and disposal with respect to the Self - Generating Electric Facility exceed the threshold quantities for Accidental Release Prevention. The project shall comply with the conditions of approval established by the City of El Segundo Fire Department, including those conditions for regulating chemicals that may exceed the threshold quantities. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Fire Department Monitoring Agency: Fire Department G -11. The project owner /developer shall provide regular sweeping of private streets within the project site with equipment designed for removal of hydrocarbon compounds. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division, Planning Division G -12. The project owner /developer shall maintain all structural or treatment control Best Management Practices for the life of the project. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: VII. AESTHETICS Construction, Post - Construction Applicant Building Safety Division, Department of Public Works Building Safety Division, Department of Public Works H -1. To prevent new on -site sources of illumination from spilling onto adjacent streets and properties, all exterior lighting associated with the project should be directed onto the site and shielded from off -site locations. Monitoring Phase: t Construction, Post- Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Planning Division Monitoring Agency: Building Safety Division, Planning Division H -2. Every effort should be made to prevent new lighting sources from being directed toward the sky to minimize atmospheric light pollution. El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 15 156 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City ofEl Segundo November 2001 Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: VIII. LAND USE No mitigation measures are required. Construction, Post - Construction Applicant Building Safety Division, Planning Division Building Safety Division, Planning Division IX. POPULATION, HOUSING & EMPLOYMENT No mitigation measures are required. tW XI. HAZARDOUS MATERIALS K -1. In accordance with the California Health and Safety Code (Chapter 6.95, Article 2, Section 25.5.30 et. etc.), the project applicant shall submit a Risk Management Plan, if necessary, for the Electric Co- Generation Facility to the Certified Program Agency (i.e., City of El Segundo Fire Department) for review and approval. In accordance with Title 19 of the California Code of Regulations, the City of El Segundo Fire Department shall determine whether the chemicals proposed for use, storage, and disposal with respect to the Self- Generating Electric Facility exceed the threshold quantities for Accidental Release Prevention. The project shall comply with the conditions of approval established by the City of El Segundo Fire Department. Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: 1 PUBLIC SERVICES Police Protection Pre - Construction, Construction, Post - Construction Applicant Fire Department Fire Department L.1 -1. The applicant shall pay a Police Service Mitigation Fee of $0.11 per gross square foot of building area prior toithe occupancy of each building. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 16 157 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 L.1 -2. A strategic security plan, which shall include definitive plans and specifications, shall be submitted to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed El Segundo Corporate Campus project. The strategic security plan should address the following items: a) Depending on the size of the structure and its location in relation to the streets, the displayed address may vary from a minimum of 4" to as much as 24 ". b) Building entrances and exits shall be limited to keep control and visibility of the building. C) All landscaping shall be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access. d) Adequate street, walkway, building and parking lot lighting shall be provided to enhance security. e) Provisions for on -site security personnel. Monitoring Phase: Pre- Construction Implementation Party: Applicant Enforcement Agency: Police Department, Planning Division Monitoring Agency: Police Department, Planning Division Fire Protection L.2 -1. The applicant shall pay a Fire Service Mitigation Fee of $0.14 per gross square foot of building area prior to the issuance of a certificate of occupancy. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division L.2 -2. A fire life safety plan, which shall include definitive plans and specifications, shall be submitted to the El Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed El Segundo Corporate Campus development. Monitoring Phase: Pre- Construction Implementation Party: Applicant Enforcement Agency: Fire Department, Building Safety Division Monitoring Agency: Fire Department, Building Safety Division El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 17 158 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City ojEY Segundo November 2001 L.2 -3. Provide fire access roadways throughout the property and submit a layout plan to the ESFD for approval. A roadway should circulate around open - parking structures. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division Monitoring Agency: Planning Division, Building Safety Division L.2 -4. Provide on -site fire hydrants as required by the ESFD. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Fire Department, Planning Division Monitoring Agency: Fire Department, Planning Division L.2 -5. The following installations require separate Fire Department approval. The applicant shall submit separate plans for Fire Department review: a) Automatic fire sprinklers, b) Fire alarm system, C) Underground fire service mains, d) Fire Pumps, e) Emergency generators, and f) Any aboveground or underground storage tank including elevator sumps and condensation tanks Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: XII. UTILITIES Sewer Pre - Construction, Construction Applicant Fire Department, Building Safety Division Fire Department, Building Safety Division M.1 -1. The project applicant shall be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5) to obtain sanitary sewer service. Monitoring Phase: Pre - Construction, Construction Implementation Parity: Applicant Enforcement Agency: Department of Public Works, Los Angeles County Sanitation Districts Monitoring Agency: Department of Public Works, Los Angeles County Sanitation Districts El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 18 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Water M.1 -2. The Los Angeles County Sanitation Districts requires a Buildover Permit for construction over its sewer easements. The applicant shall demonstrate through its Grading Plan that all alterations to final sewer easements and rights of way shall be in accordance with relevant Buildover Permit(s) to allow the construction of the proposed project and other project components over the 10 -foot wide sewer easement. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division M.1 -3. The proposed project shall comply with the City's Sewer Ordinance No. 1093, of the City of EI Segundo Municipal Code, Title 12, Chapter I General Provisions, Policies and Procedures. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Department of Public Works Monitoring Agency: Building Safety Division, Department of Public Works M.1 -4. Prior to a building permit being issued the project applicant shall submit the Final Working Drawings to the City of El Segundo Department of Community, Economic and Development Services and the Department of Public Works for review and approval. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Planning Division Monitoring Agency: Department of Public Works, Planning Division M.2 -1. The proposed project shall include dual water connections for landscaping to accommodate reclaimed water as it becomes more available to the site. Monitoring Phase: Pre- Construction, Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Building Safety Division Monitoring Agency: Department of Public Works, Building Safety Division M.2 -2. Reclaimed water, where appropriate and feasible, shall be used as a water source to irrigate landscaped areas Monitoring Phase: i Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Building Safety Division Monitoring Agency: Department of Public Works, Building Safety Division El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 19 1VU CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 M.2 -3. Efficient irrigation systems shall 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) Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division Monitoring Agency: Building Safety Division M.2 -4. Automatic sprinkler systems shall be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers shall also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation. Monitoring Phase: Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works Monitoring Agency: Department of Public Works M.2 -5. Selection of drought - tolerant, low water consuming plant varieties shall be used to reduce irrigation water consumption. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Department of Recreation & Parks Monitoring Agency: Planning Division, Department of Recreation & Parks M.2 -6. The proposed project shall comply with the City's Conservation Program, Ordinance No. 1194, of the City of El Segundo Municipal Code, Title 10 -Parks and Recreation, Chapter 2 Water Conservation in Landscaping and Resolution No. 3806. Prior to a building permit being issued the project applicant shall submit the Final Working Drawings to the City of El Segundo Department of Community, Economic and Development Services for review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Water Conservation in Landscaping. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agendy: Planning Division, Department of Recreation & Parks Monitoring Agency: Planning Division, Department of Recreation & Parks Solid Waste M.3 -1. The proposed project applicant shall develop an employee recycling and education program. El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 20 161 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 200/ Monitoring Phase: Post - Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division M.3 -2. Where economically feasible, the proposed project shall incorporate the use of recycled materials in building materials, furnishing operations and building maintenance. Monitoring Phase: Construction, Post- Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division Monitoring Agency: Planning Division, Building Safety Division M.3 -3. The proposed project shall recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the construction phase. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Department of Public Works, Building Safety Division Monitoring Agency: Department of Public Works, Building Safety Division M.3 -4. The design of the proposed project shall allocate space for a recycling collection area for use by both on -site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance. The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future. Monitoring Phase: Pre - Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division Monitoring Agency: Planning Division, Building Safety Division M.3 -5. The proposed project applicant shall encourage employers to perform an annual waste audit review to measure the effectiveness of the tenant education program and recycling collection activities in tenant and /or property management agreements. The audit shall include: • A review of purchasing patterns to eliminate materials not compatible with the established waste diversion program. • A review of operating procedures which generate either large amounts of waste or non- recyclhble materials. • A review of occupancy uses and activities. • The evaluation and expansion of recyclable materials to be included in a recycling program. El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 21 162 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 • A review of employee awareness of recycling program goals, procedures, and accomplishments, as well as evaluations and implementation of training for all project occupants. Monitoring Phase: Post - Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Natural Gas No mitigation measures are required. Electricity M.54. The applicant shall consult with SCE during the design process of the proposed project regarding potential energy conservation measures for the project. Examples of such energy conservation measures include: • Design windows (i.e., tinting, double pane glass, etc.) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather. • Install thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards. • Install high - efficiency lamps for all street lights and outdoor security lighting. • Time control interior and exterior lighting. These systems should be programmed to account for variations in seasonal daylight times. • Limit outdoor lighting while still maintaining minimum security and safety standards. • Deciduous trees should be planted near each building to provide shade in the summer and to allow sunlight to access the unit during the winter. • Built -in appliances, refrigerators, and space- conditioning equipment should exceed the minimum efficiency levels mandated in the California Code of Regulations. • Finish exterior walls with light - colored materials and high- emissivity characteristics to reduce cooling loads. Finish interior walls with light- colored materials to reflect more light and thus increase lighting efficiency. • Use natural ventilation wherever possible. • A performance check of the installed space- conditioning system should be completed by the developer /installer prior to issuance of the certificate of occupancy to ensure that energy - efficiency measures incorporated into the project operate as designed. Monitoring Phase: Pre - Construction, Construction Implementation Party: Applicant Enforcement Agency: Southern California Edison, Building Safety Division El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 22 163 CITY COUNCIL RESOLUTION NO. 4241 EXHIBIT "B" City of El Segundo November 2001 Monitoring Agency: Southern California Edison, Building Safety Division P:\Planning & Building Safcty \PROJECTS \526 - 550 \Ea - 548 \CC Reso EXH. B - MMRP.doc El Segundo Corporate Campus Project Mitigation Monitoring and Reporting Program Page 23 16 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code, TPG El Segundo Partners, LLC, or its successor -in- interest, agrees that it will comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 548 Zone Change No. 01 -1 Zone Text Amendment No, 01 -1 Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570) ( "Project Conditions "). 1. If TPG -El Segundo, LLC does not purchase the property by January 1, 2006 as stipulated in Section 3.1 of Development Agreement No. 01 -1, all project entitlements shall be null and void and the zoning and General Plan designations for the Project Site which existed prior to the City's adoption of the project approvals shall instead apply to the property. DEFINITIONS 2. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions. A. "C.E.D.S. Director" means the City of Ef Segundo Director of Community, Economic and Development Services, or designee. B. "EIR" means the Final Environmental Impact Report for the proposed El Segundo Corporate Campus project, El Segundo, California approved by the City Council of the City of El Segundo on January 2, 2002. C. "ESMC" means the El Segundo Municipal Code. D. "MMRP" means the Mitigation Monitoring and Reporting Program for the El Segundo Corporate Campus project, El Segundo, California adopted by the City Council of the City of El Segundo on January 2, 2002. The MMRP is incorporated by this reference into these conditions of approval. E. "Project Area" refers to one of the 26 developable lots on the Project Site as shown on Vesting Tentative Tract Map No. 53570 F. "Project Site" refers to the 46.53 -acre site generally located south of Atwood Way, east of Nash Street, west of Douglas Street, and north of Mariposa Avenue. G. Except as otherwise specified in these Conditions of Approval, conditions shall be satisfied prior to the issuance of a Building Permit for each building within a Project Area. AESTHETICS Lighting 3. Prior to the issuance of the first Building Permit in any Project Area, the applicant shall submit a Lighting Master Plan for that Project Area for the review and approval of the C.E.D.S. Director and the Police Chief. A Lighting Plan (construction drawings) and Photometric Study, consistent with the Lighting Master Plan shall be reviewed and approved by the C.E.D. S. Director and the Police Department prior to the issuance of each Building Revision Date: 1/2/02 1 1 b 5 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL Permit and shall be installed prior to the issuance of each Certificate of Occupancy in the Project Area. The Lighting Plan and Photometric Study shall demonstrate that the proposed project allows minimum off -site illumination but still complies with Police Department safety requirements. A. The Lighting Master Plan shall include, without limitation: B. Foot - candle intensity; C. Parking areas and structures; D. Pedestrian walkways; E. Access ways in and around buildings; F. On -site light fixtures have been designed to direct the light downward and internal to the proposed project site to minimize off -site illumination; G. Type and height of lighting devices; H. The City's Zoning Code; and, I. Weather and vandal resistant covers on lighting fixtures. Prior to the issuance of each Certificate of Occupancy, the applicant shall provide evidence to the C.E.D.S. Director and the Police Chief that outdoor lighting design has been installed in compliance with the approved Lighting Master Plan for the building that is the subject of the Certificate of Occupancy. 4. Prior to the issuance of each Building Permit in any Project Area, the applicant shall provide evidence to the City C.E.D.S. Director and the Police Chief that outdoor lighting design shall conform to Federal Aviation Administration (FAA) requirements for the building that is the subject of the Building Permit. The applicant shall obtain a letter of compliance from the FAA and /or the Los Angeles World Airports (LAWA) to serve as evidence. Materials and Design 5. Prior to the issuance of the first Building Permit in any Project Area, the applicant shall submit Fjnal Working Drawings to the C.E.D.S. Director for design review. The applicant shall provide a Building Materials Sample Board of the materials and elevation drawings to be utilized to the C.E.D.S. Director for review and approval. The design review shall include, without limitation, the following design guidelines: A. All buildings shall be in accordance with the Project Site's Conditions, Covenants and Restrictions (CC &R's), if ahy. B. All buildings shall be developed with nonreflective exterior building materials of a contemporary nature, and low- reflectivity glass panel window. Revision Date: 1/2/02 2 6 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL C. Exterior colors shall be light with limited use of accent color to enhance visual unity and a contemporary appearance; D. Within the office park component, exterior building materials will be of a contemporary nature in balance with adjacent office developments. New technology will be acceptable if compatible with other materials used in the project; E. The elevations of any computer /telecommunications data center building(s) or other similar use shall be designed to look like an office building, compatible in scale to office buildings in the adjacent area. F. Elevations of parking structures shall be compatible with main buildings. G. Any computer /telecommunications data center building(s) or other similar building shall be designed with floor -to- ceiling heights compatible for current industry standards for office uses to facilitate any future conversion, if necessary. H. The buildings shall be light in color with contrasting accent features. Building materials shall be of non - reflective coatings and glazings; 1. All colors, textures, and materials on exterior elevation(s) shall be coordinated to achieve a continuity of design; J. All buildings shall utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation; K. All roof- mounted mechanical equipment and communications devices shall be hidden behind building parapets or screens to screen these devices from off -site ground level view and the Metro Green Line. Telecommunications satellite dishes and antennas up to 175 feet high may be located on the property without a Wireless Communications Facility Permit, if the facility is intended to serve only on -site buildings and is not designed or used for wireless communication services for adjacent off -site properties, except as may be permitted by state or federal law. L. Ground level mechanical equipment, refuse collectors, storage tanks, generators, and other similar facilities shall be screened from view with dense landscaping and /or walls of materials and finishes compatible with adjacent buildings; i M. Service, storage, maintenance, utilities, loading, and refuse collection areas shall be located out of the view of public roadways and buildings on adjacent sites, or screened by dense landscaping and /or architectural barriers, as practicable; N. Walls used to screen service areas shall be of the same materials and finishes as adjacent buildings or compatible finishes; O. No wood or chain -link fences shall be located within view of a public street; P. Building design will meet the City's standards for the attenuation of interior noise; Revision Date: 1/2/02 3 16 1 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL Q. All service areas shall be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation; R. No loading will be permitted directly from public streets, except in designated areas as approved by City C.E.D.S. Director; and, S. All on -site utility systems including without limitation, water, electricity, gas, sewer and storm drains, shall be installed underground; No Certificate of Occupancy shall be issued unless there is substantial compliance with the aforementioned development standards. Landscapina and Irrigation 6. Prior to the issuance of the first Building Permit in any Project Area, the applicant shall submit a Master Landscape and Irrigation Plan for the Project Area. The Master Landscape and Irrigation Plan shall be reviewed and approved by the City C.E.D.S. Director, the Director of Recreation and Parks, and the Police Chief. Landscaping for each building in the Project Area shall be installed in accordance with the approved Master Landscape and Irrigation Plan prior to the issuance of each Certificate of Occupancy. The Master Landscape and Irrigation Plan shall include, without limitation, the following: A. All landscaped areas shall be provided with a permanent automatic watering or irrigation system; B. All on -site landscaped areas shall be maintained by the owner in a neat and clean manner at all times; C. All landscaped areas shall be designed to ensure efficient access to fire hydrants; D. Dual plumbing shall be installed for reclaimed water irrigation; E. All landscaped areas shall be irrigated with reclaimed water, if made available by the provider. Until such time as reclaimed water is made available, potable water may be utilized for irrigation; F. All landscaping and irrigation shall comply with the City's Water Conservation regulations and Zoning Code requirements; G. All landscaping shall be designed to enhance site security in accordance with Police Department policies; H. All public rights -of -way abutting the site shall be landscaped; 1 I. The asphalt concrete raised paved median in Atwood Way shall be replaced with a raised landscaped median with a permanent irrigation system. The applicant shall not be responsible for the maintenance of the Atwood Way landscaping; J. All landscaped areas shall include a majority of mature landscaping; and, Revision Date: 1/2/02 4 168 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL K. Landscaping shall be installed along property perimeters and throughout the employee /visitor parking areas. Prior to the issuance of the first Building Permit in any Project Area, the applicant shall provide a Landscape Plan and Architectural Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the C.E.D.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval, The Landscape Plan and Architectural Plan shall demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments, but still complies with Police Department safety requirements. 8. Where feasible, the applicant shall comply with the City's Water Conservation Program as set forth in the ESMC. The Applicant shall comply with the guidelines set forth in the City's Guidelines for Water Conservation in Landscaping. Prior to the issuance of each Building Permit in any Project Area, the applicant's Landscape Plans shall be submitted to the C.E.D.S. Director for review and approval. Sim 9. Prior to the issuance of the first Building Permit in each Project Area, the applicant shall submit to the C.E.D.S. Director for review and approval an overall Master Sign Program for the Project Area. Prior to the issuance of a Certificate of Occupancy for each building within the Project Area which is the subject of the Master Sign Program, the applicant shall submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the C.E.D.S. Director. Prior to the issuance of a Certificate of Occupancy, signs shall be installed in accordance with the approved Master Sign Program. The overall Master Sign Program shall include, without limitation: A. Consistency with the Corporate Campus Specific Plan; B. Compliance with the City's sign regulations governing permitting; C. All signs shall be architecturally compatible with the proposed buildings; D. All signs shall be compatible with the aesthetic objectives of the General Plan; and, E. No sign shall impede traffic or pedestrian safety. AIR QUALITY 10. During grading and construction, dust control measures shall be required in accordance with the City's Dust Control Ordinance (Chapter 7 -3 of the ESMC). Grading shall be discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15 miles per hour. All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. 11. The South Coast Air Quality Management District (SCAQMD) has promulgated rules and applicable standards including, without limitation, the following: Rule 402 - Nuisances; Rule 403 - Fugitive Dust; and Rule 2202 - On -Road Motor Vehicle Mitigation Options. The applicant shall use best management practices in compliance with Rule 402 during the Revision Date: 1/2/02 5 169 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL operation of construction equipment. Construction activities shall be limited between the hours of 7 A.M. to 6 P.M., Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the C.E.D.S. Director. During the construction phase, all unpaved construction areas shall be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles shall be used to reduce dust emissions by as much as 50 percent. The applicant shall ensure that all materials transported off -site will be either sufficiently watered or securely covered in compliance with Rule 403. Resultant peak daily exhaust emissions from diesel- and gasoline - powered construction equipment shall be monitored to control emission levels that exceed SCAQMD screening thresholds. During construction, trucks and vehicles in loading or unloading queues shall keep their engines off, when not in use, to reduce vehicle emissions. Construction activities shall be phased and scheduled to avoid emission peaks, and construction shall be discontinued during first- and second -stage smog alerts. On -site vehicle speed during construction shall be limited to 15 mph. Prior to issuance of a Grading Permit for each Project Area, the applicant shall provide a Construction Management Plan to the C.E.D.S. Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase. Daily records will be maintained by the applicant throughout the construction phase. ALCOHOL 12. The sale of a full line of alcoholic beverages for on -site consumption at the proposed restaurants, coffee shops, delicatessens, cafes and hotel(s) within the Project Site is permitted, subject to the following conditions: A. The on -site sale of alcoholic beverages is permitted between the hours of 10:00 a. m. to 2:00 a.m., seven days a week; B. The applicant shall not advertise the sale of alcoholic beverages on the exterior walls or windows of the subject restaurants or at any location in the Project Site. No self - illuminating advertising for alcoholic beverages shall be located on the buildings or windows; C. Telephone numbers of local law enforcement shall be posted adjacent to the cashier's areas within the bar and service area of the restaurants; D. There shall be no alcoholic beverages consumed in open areas adjacent to the subject restaurant under the control of the applicant, other than outdoor dining areas; E. There shall be no loitering permitted on the premises under the control of the applicant. Signage shall be posted on the premises prohibiting loitering; F. The applicant shall provide adequate lighting above the entrance of the premises. This lighting shall be of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons entering or exiting the premises; G. The applicant shall instruct all employees in the regulations regarding no loitering and no consumption of alcoholic beverages outside the subject restaurants. Employees shall be instructed to enforce these regulations and to call local law enforcement if necessary; Revision Date: 1/2/02 6 170 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL H. The applicant shall maintain the property in a neat and orderly fashion and maintain free of litter all areas on the premises under which the applicant has control; I. The total occupancy of the restaurants and hotels shall not exceed California Building Code regulations; J. There shall be no cover charge or prepayment fee for food and /or beverage service required for admission to the restaurants; K. The conditions of this approval shall be retained on the premises at all times and be immediately produced upon request of any law enforcement officer or State Department of Alcohol Beverage Control investigator. The restaurant manager and all employees of the restaurant shall be knowledgeable of the conditions herein; L. All servers of alcoholic beverages must be at least 18 years old; M. The sale of alcoholic beverages for consumption off the premises requires the approval of a separate Administrative Use Permit; and, N. The applicant shall be required to maintain a valid permit to sell alcohol from the State Department of Alcohol Beverage Control. ENERGY 13. Prior to the issuance of a Building Permit in each Project Area, the applicant shall provide an Energy Conservation Plan to the C.E.D.S. Director for review and approval. The Energy Conservation Plan shall incorporate energy conservation features in accordance with the requirements of the City and State. Prior to the issuance of each Certification of Occupancy, the applicant shall provide evidence to the C.E.D.S. Director that the approved energy conservation features have been installed and will be maintained. 14. If a substation will be constructed, the Applicant shall develop plans, projected loads, and a master plan for scheduling to the satisfaction of Southern California Edison, FIRE 15. Prior to the issuance of a Building Permit in each Project Area, the applicant shall provide Fire Life Safety Plans to the C.E.D.S. Director and the Fire Chief for review and approval, which includes, without limitation, the following: A. Fire lanes; B. Fire lane signing; C. Fire lane access easementts or other recorded documents to the reasonable satisfaction of the City Attorney; D. Fire lane accessibility; E. Gas detection systems; Revision Date: 1/2/02 7 1171 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL F. Minimum acceptable flow from any fire hydrant shall be 2,500 gallon per minute, calculated at 20 psi; G. Sprinklers within structures; H. Underground looped fire mains, sprinklers and fire alarms; and, Documentations that on -site fire main will be maintained if privately owned, or documentation creating fire main easements on the project site if the mains will be owned by the City of El Segundo. Prior to the issuance of each Certificate of Occupancy, the applicant shall demonstrate to the Fire Department that the development complies with, and adequate operational facilities were installed consistent with the Fire Life Safety Plan, and that any required easement was properly dedicated and recorded. 16. Prior to the issuance of a Building Permit in each Project Area, the applicant shall develop and submit an Evacuation Plan and Procedures for review and approval by the Fire Department. Prior to the issuance of each Certificate of Occupancy, the applicant shall provide evidence to the C.E.D.S. Director, and the Fire Department that the approved Evacuation Plan and procedures were implemented or are operational as appropriate. 17. Prior to the issuance of a Grading or Building Permits in each Project Area, the applicant shall provide a Construction Safety Plan to the C.E.D.S. Director and Fire Department for review and approval. The Construction Safety Plan shall document construction and staff training procedures to ensure that best management practices during project grading and construction will be utilized. The Construction Safety Plan shall identify an awareness program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation. Compliance with this measure shall be verified by the C.E.D.S. Director prior to permit issuance. 18. Prior to the issuance of a Building Permit in each Project Area, all hydrants determined necessary by the Fire Department and the C.E.D.S. Director shall be installed in accordance with approved plans and specifications. Fire hydrants shall be spaced no greater than 300 feet apart. One private hydrant shall be provided for each structure and each structure shall be sprinklered in accordance with the California Building Code (CBC) and the National Fire Code (NF, C) GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE) 19. Prior to the issuance of a Grading Permit for each Project Area, the applicant shall prepare and submit a Grading Plan for review and approval by the C.E.D.S. Director and the Director of Public Works. The Grading Plan shall include, without limitation: A. The Grading Plan shall demonstrate compliance with applicable City policies and requirements; B. The Grading Plan shall show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities; Revision Date: 1/2/02 8 1 7 G CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL C. Grading depths shall not encroach upon or damage the existing sewer lines on the property; D. Haul routes for import/export trucks and other heavy construction related vehicles shall be approved by the Director of Public Works; E. All grading shall be accomplished in accordance with the recommendations of a independent Geotechnical and Geological Report to be submitted by the applicant and reviewed and approved by the City; F. The Grading Plan shall detail where special restrictions apply due to soil contamination, if applicable; G. Additional, information, as required through the plan check process, shall be included as appropriate; H. Final grading shall be coordinated with the City Engineer at the time the Grading Permit is issued; and, I. Compliance with this measure shall be verified by the C.E.D.S. Director prior to issuance of each Certificate of Occupancy. HAZARDS 20. Prior to the issuance of a Grading Permit for grading in the southwest corner of the site, the applicant shall submit a letter from the Los Angeles Regional Water Quality Control Board ("LARWQCB ") approving the grading and /or development of the southwest corner of the site, which may have contaminated soil. 21. The applicant shall comply with any permit requirements imposed by the LARWQCB or the Department of Toxic Substances Control ( "DTSC") related to development and /or grading on the southwest corner of the site. 22. Prior to the issuance of a Grading Permit for the southwest corner of the project site, the applicant shall provide any appropriate hazardous materials safety training for all City employees needed to implement the project. If required, the training shall be related specifically to safety issues that may arise during site grading and construction due to the possible low -level VOC soil contamination that may exist in the site. All training shall be completed to the reasonable satisfaction of the C.E.D.S. Director, and the Fire Chief. 23. Prior to the issuance of a Certificate of Occupancy for the first Project Area, the applicant shall record as a covenant running with the land, a disclosure that manufacturing and fabrication activities are conducted within a one -mile radius of the site, including on the real property owned by the Northrop Grumman Corporation, and that such operations may involve the use of certain hazardous or potentially hazardous materials. It shall further obligate all holders of real property interests on the Project Site that receive actual notice of any Proposition 65 or related environmental notices produced and published by other proximal industrial uses operated within a one -mile radius of the Project Site to use reasonable efforts to disclose the same to their tenants and other occupants, provided, Revision Date: 1/2/02 9 �} �f� CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL however, that the recordation of such covenant or provision of such notice shall in no way be deemed to be an assumption of any responsibility or liability by such interest holder under Proposition 65 or other environmental law, policy or statute. 24. No child care facilities shall be located within any location designated on the "facility risk map' as published by Northrop Grumman Corporation, dated October 31, 1997, on file in the Planning Division, or on the "cancer risk from toxic air pollution map" as published by SCAQMD, January 1999, on file in the Planning Division, unless it can be demonstrated to the satisfaction of the C.E.D.S. Director that due to such factors as site conditions (e.g., building placement) sensitive receptors at such facilities will not be exposed to significant levels of toxic emissions. NOISE 25. During the construction phase of the project, activities will be allowed between the hours of 7 A.M. to 6 P.M., Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the C.E.D.S. Director. Compliance for the operations phase will meet with the placement, screening, and maintenance standards for all external mechanical equipment. The proposed project shall be designed to ensure that noise generated by the proposed project operations does not exceed the City's noise standards, as established by the ESMC, for on -site or off -site receptors. A noise monitor shall be designated according to the relevant codes. Prior to issuance of a Grading Permit for each Project Area, the City shall designate a Noise Ordinance Compliance/Verification Monitor. Prior to the issuance of a Building Permit for each Project Area, the applicant's Final Working Drawings shall be submitted to the C.E.D.S. Director for review and approval relative to compliance with the City's Noise Ordinance. POLICE / SAFETY 26. Prior to the issuance of a Building Permit in each Project Area, the applicant shall submit an overall Security and Crime Prevention Plan, to the C.E.D.S. Director and the Police Department for review and approval, which shall address, without limitation the following: A. Lighting; B. Addressing; C. Telephones; D. Trash dumpsters (including space for recyclable materials); E. Indoor and outdoor security cameras installed at strategic locations; F. Parking lots and structuresi G. Hotel key card systems; H. Fences, walls, I. Security hardware; Revision Date: 1/2/02 10 17 [1 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL J. Office; K. On -site security personnel; L. Locker rooms; M. An Evacuation Plan and Procedures; N. A combination of closed circuit television system and private security patrols to monitor employee and other vehicle parking areas; O. The employment of security personnel who will monitor and patrol the proposed Project Site and coordinate with public safety officials; P. The installation of lighting in entryways, elevators, lobbies, and parking areas designed to eliminate potential areas of concealment; Q. A diagram of the proposed project, which will include access routes, and any information that might facilitate emergency response; R. Compliance on all applicable items on Police Department checklist memo dated October 11, 2001. All Security and Crime Prevention Plan measures shall be installed in conformance with the approved plans or shall be operational prior to the issuance of a Certificate of Occupancy. 27. Prior to the issuance of a Certificate of Occupancy for each building, the applicant shall pay a Police Service Mitigation Fee, equal to eleven cents per gross square foot of floor area, ($0.11 /sq.ft.). Compliance with this measure shall be verified by the C.E.D.S. Director prior to issuance of a Certificate of Occupancy for each building. PROJECT DESCRIPTION Plans 28. The City of El Segundo requires development project applicants to prepare and submit Final Working 'Drawings for review and approval. The applicant shall provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval. The Final Working Drawings shall indicate proposed uses, building sizes and heights, and the specific location of structures, loading docks, staging areas, parking layout, landscaped areas and recreational amenities. The Final Working Drawings shall include vehicular, pedestrian and bicycle access, on- and off -site circulation, and linkage to other key elements in the site vicinity, including thJ MTA Green Line. The Final Working Drawings shall indicate building materials and architectural design elements that will be utilized in the construction of the proposed structures. The Final Working Drawings shall include information on security lighting and hardware and other detail required for compliance with the City's security, safety and crime prevention standards. The Final Working Drawings shall demonstrate compliance with the California Building Code, California Mechanical Code, Revision Date: 1/2/02 11 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL California Plumbing Code, California Fire Code, California Sign Code, and California Electrical Code, and approved Fire Life Safety Systems. In addition, the Final Working Drawings shall clearly indicate the location of all entrances and exits, including emergency vehicle access. All parcel buildings and structures shall be located in proximity to the proposed parcel lines such that they meet all requirements for exterior wall and opening protection. Additional information, as required through the plan check process, shall be included as appropriate. Prior to the issuance of a Building Permit for each Project Area, the applicant shall coordinate with all applicable City and applicable County agencies to prepare and submit Final Working Drawings to be approved by the C.E.D.S. Director, the Department of Public Works, the Fire Department and the Police Department. Prior to the issuance of a Certificate of Occupancy for each building, the applicant shall provide evidence to the C.E.D.S. Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met. 29. The project shall provide the minimum and maximum floor areas for the uses as provided in the Corporate Campus Specific Plan. 30. The maximum project size shall be determined by the vehicle trip generation for each use. A maximum of 2,267 AM peak hour and 2,795 1PilPM peak hour vehicle trips shall be permitted for the whole project. The trip generation for each use and building shall be determined using the rates identified in Appendix B of the Corporate Campus Specific Plan. The project shall be allowed to develop a combination of uses as permitted in the Corporate Campus Specific Plan, consistent with the minimum floor areas indicated in The Corporate Campus Specific Plan, as long as the total AM and PM peak trip generation established in the EIR for the project as a whole is not exceeded, except as permitted by the Development Agreement. 31. The City of El Segundo requires development project applicants to, prepare and submit a Construction Management Plan for each Project Area for review and approval by the C.E.D.S. Director and Director of Public Works. The Construction Management Plan shall consider all stages of construction, including grading, dirt hauling, employee travel, materials delivery, etc. The Construction Management Plan shall identify the types and approximate number of construction vehicles to be utilized and shall provide haul routes, staging area information and needed road or lane closures. The plan shall include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking; parking /access plan (including truck haul routes), construction methods and schedules. The plan shall limit construction hours to 7:00 a.m. to 6:00 p.m., Monday ,through Saturday, and prohibit construction on Sundays and holidays or as specified in the Municipal Code, unless such hours are extended pursuant to a Noise Permit issued by the C.E.D.S. Director. During construction, the areas of construction shall be enclosed by a six -foot high chain link fence. Gates of site fencing shall be located at driveways and shall not open over sidewalk /public right -of -way. During construction, trash shall be removed from the Project Site on an as needed basis. At the end of each construction day, all open trgnches shall be completely closed or covered, or secured in accordance with Cal OSHA standards. All gates and access points to the construction area must be locked and /or fully secured at the end of construction each day. The applicant shall provide a twenty -four hour, every day contact person /liaison to receive and respond to complaints during construction. Revision Date: 1/2102 12 176 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL 32. A Construction Management Plan shall also be required for review and approval by the C.E.D.S. Director and Department of Public Works for the installation of any utilities, including telecommunication utilities, in the public right -of -way. Such a plan shall include, without limitation, traffic control measures for any lane closures. 33. Prior to the issuance of a Grading or Building Permit for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director that grading or any construction on property or within easements not owned or controlled by the applicant has been approved by the property owner or easement holder. Separate Grading and /or Building Permit(s) shall be obtained by the applicant with the easement holder as co- applicant, if needed. 34. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A.C.) pavement, that shall be constructed /reconstructed for any missing public segments /areas on the perimeter of the Project Site adjacent to the building or parcel that is the subject of the Building Permit, as reasonably required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk. Prior to issuance of a Certificate of Occupancy for the building that is the subject of the Building Permit, the applicant shall install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works. DEDICATIONS AND FEES 35. The applicant shall dedicate one -acre of the property to the City for locating a future fire station at a location mutually acceptable to the applicant and the City, as detailed in Development Agreement 01 -1. 36. Prior to the issuance of a Certificate of Occupancy Permit for each building, the applicant shall pay a Library Service Mitigation Fee, equal to three cents per gross square foot of floor area ($0.03 /sq.ft.). Compliance with this measure shall be verified by the C.E.D. Director prior to issuance of each Certificate of Occupancy for each building. 37. The applicant shall be permitted to modify the location of the parcel boundaries as approved on Vesting Tentative Tract Map No. 53570, consistent with the development standards in the Corporate Campus Specific Plan to accommodate the size and location of the fire station and park site properties, prior to recordation of Final Track Map No. 53570, provided a maximum of 26 parcels are created 38. Prior to the issuance of a Building Permit for each Project area, the applicant shall submit a Lot Line Adjustment application, as needed, to realign the parcels to match the proposed locations of the buildings. 39. The applicant shall maintain all existing easements on the site if the easement is still required by its grantee. 40. The applicant shall provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right -of -way. Such agreements shall be recorded prior to issuance of any Certificate of Occupancy for a building on an affected parcel. Revision Date: 112/02 13 177 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL 41. Prior to the issuance of a building permit for any hotel, the hotel owner /operator shall agree to the payment of transient occupancy taxes for any management training or other similar guests of the hotel. Any hotel guests must re- register after a 30 -day extended stay in order to ensure the payment of the transient occupancy tax. The agreement shall be reviewed and approved by the C.E.D.S. Director and the City Attorney and recorded in the Office of the County Recorder prior to the issuance of the Certificate of Occupancy. 42. Concurrent with the submittal of any plans or request for permits, the applicant shall provide funds in trust to the C.E.D. Director to cover the reasonable first year costs, including City consultants costs, of the monitoring of all conditions of approval and mitigation measures adopted in the MMRP. Annually thereafter, the applicant shall replenish funds on the anniversary of the approval date sufficient to cover the reasonable costs, including City consultants' costs for each year. The C.E.D.S. Director, at his discretion, may hire a consultant to coordinate and monitor compliance. 43. Prior to the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as the case may be, the applicant shall provide evidence to the C.E.D.S. Director that all mitigation measures in the MMRP have been or will be implemented pursuant to the project's mitigation monitoring plan. Compliance with this measure shall be verified by the C.E.D.S. Director. CONSTRUCTION REQUIREMENTS 44. All work within the City public right -of -way shall be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works Encroachment Permit. 45. Prior to the issuance of a Grading or Building Permit for each Project Area, the applicant shall provide evidence to the reasonable satisfaction of the C.E.D.S. Director that all applicable permits from other agencies have been obtained including, but not limited to, Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N.P.D.E.S) Permit, South Coast Air Quality Management District, and Los Angeles County Department of Public Works. 46. Following the receipt of all requisite permits, the applicant shall notify the C.E.D.S. Director of the date that construction will commence. 47. At such timed deemed necessary by the C.E.D.S Director, the applicant shall provide an on- site inspection office trailer for the use of City inspection personnel. STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY) 48. The Los Angeles Regional `Hater Quality Control Board has promulgated rules and standards including, without limitation, obtaining an NPDES Permit and regulations related to underground and above ground storage tanks. The applicant's compliance with LARWQCB will ensure compliance with the applicable sections of the California Water Code (Section 13260), the Clean Water Act, and the Porter - Cologne Water Quality Control Act. The applicant shall ensure that any on -site tanks for use in the storage of fuels, wasted oil, Revision Date: 1/2/02 14 178 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL solvents or other chemicals, which are located either above ground or underground, shall be placed, constructed and maintained in accordance with the requirements of the LARWQCB. 49. The applicant shall adhere to any relevant requirements of the LARWQCB regarding development of the site. The applicant shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) which will demonstrate best management practices relevant to compliance with LARWQCB requirements and the California General Construction Permit. Prior to the issuance of a Grading Permit for the proposed project, the applicant shall provide a SWPPP to the LARWQCB, the C.E.D.S. Director and Fire Department for review and approval relative to compliance with the provisions and requirements of the LARWQCB. Prior to issuance of a Building Permit for each Project Area, the applicant shall apply for the appropriate notifications and /or registrations for any on -site storage tanks. The applicant shall provide a copy to the City of the Notice of Intent required by the LARWCCB. 50. Prior to the issuance of a Grading and /or Building Permit for each Project Area, the applicant shall provide a drainage plan for that portion of the Project Area affected that eliminates pollutants to surface runoff as required by NPDES requirements. The drainage plan shall be reviewed and approved by the C.E.D.S. Director and Public Works. Prior to the issuance of a Certificate of Occupancy for each Project Area, the applicant shall demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the C.E.D.S. Director and Director of Public Works. 51. Prior to the issuance of a Building Permit for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director and Public Works that pavement on -site shall be adequately applied to prevent soil erosion. Further, paved areas on -site shall be regularly maintained (i.e., all cracks repaired and debris removed on a regular basis) to prevent soil erosion. The applicant shall install improvements pursuant to the approved plans prior to final sign -off of the Permit. Prior to the issuance of a Grading or Building Permit for each Project Area, the applicant shall provide evidence to the C.E.D.S. Directors and Public Works that on -site drainage shall be directed to existing storm drains. The applicant shall install said improvements per the approved plans prior to final sign -off of the Permit. 52. Prior to the issuance of a Grading or Building Permit for each Project Area, the applicant shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence to the C.E.D.S. Director and Director of Public Works that the project area that is the subject of the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code). The applicant shall install said improvements per the approved plans prior to final sign -off of the Permit. 53. Prior to the issuance of a Grading or Building Permit for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director and Director of Public Works that: A. Collection basins to reduce silts in storm water prior to runoff drainage to the Los Angeles Flood Control System have been adequately incorporated into the project design; B. On -site catch basins shall be designed and constructed to screen out larger matter to prevent flooding of the project site resulting from debris caught in the drainage canal; Revision Date: 1/2/02 15 17,9 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL C. Drainage channels within parking lot and paved areas shall be designed and constructed to direct storm water and /or irrigation run -off to collection basins provided on -site; D. On -site drainage and hydrology improvements shall be designed in conformance with applicable standards of the City of El Segundo and the Los Angeles County Department of Public Works, including policies in the Public Safety Element of the City's General Plan; E. The project is in compliance with applicable permit requirements of the Los Angeles County Department of Public Works or Los Angeles County Flood Control District; F. On -site drainage and hydrology improvements shall be designed using the necessary hydraulic /hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works: and, G. All on -site development shall be consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City; and, H. Prior to the issuance of any subsequent Permit `Final Inspection Approval' for the proposed project, the applicant shall provide evidence to the C.E.D.S. Director and Public Works that all the improvements herein have been constructed in compliance with the appropriate regulations and specifications. TRANSPORTATION /CIRCULATION /PARKING 54. Prior to the issuance of the first Building Permit for the Project Site, the applicant shall provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the C.E.D.S. Director and Public Works for reasonable review and approval. The calculations shall include only programs which meet all the minimum criteria (e.g., density) contained in the CMP. Prior to the issuance of a Certificate of Occupancy for the building, the applicant shall provide evidence to the C.E.D.S. Director that the proposed project CMP debits /credits related improvements were implemented and balanced on the Project Site in accordance with the approved phasing plan. Compliance with this measure shall be verified by the C.E.D.S. Director prior to permit issuance. As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 55. Prior to the issuance of a Building Permit for each Project Area, the applicant shall provide a Pedestrian Access /Circulation Plan to the C.E.D.S. Director, Recreation and Parks, and Police for review and approval. The Plan shall identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the project itself, including parking areas, building entrances, bike racks, recreational elements, etc. The Plan shall reflect a safe movement pattern, which does not significantly conflict with vehicular movement and parking access areas. Prior to the issuance of a Certificate of Occupancy for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director, Recreation and Parks, and Police that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan. Revision Date: 1/2/02 16 180 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL 56. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit plans for review and approval by the C.E.D.S. Director that show electric vehicle charging stations for at least. one -half (1 /2) percent of the total number of required parking spaces. Prior to the issuance of each Certificate of Occupancy, the charging stations shall have been installed, per the approved plans. The charging station may receive credit under the Air Quality Mitigation Plan, as appropriate. 57. Prior to the issuance of each Building Permit for each Project Area, the applicant shall submit a detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for review and approval by the Director of Public Works, the C.E.D.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer. Alternatively, such a plan may be submitted for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. The Traffic, Circulation and Parking Plan shall include, without limitation, the following: t A. An analysis of the estimated traffic generation for the building(s); B. An analysis of the current level of service (LOS) at adjacent intersections which may be impacted by the project; C. A Sensitivity Analysis, to determine if any of the mitigation measures, as identified in the EIR, or other proposed improvements, such as construction of the internal private roadway, must be implemented prior to the completion of a particular building(s) due to the traffic generation from that particular building(s); D. Sight distances for each structure and parking area associated with the building(s); E. An analysis of the traffic volumes at each driveway or intersection associated with the building(s) in order to determine if any offsite improvements are warranted (i.e., deceleration lanes, left -turn pockets, new or modified traffic signals, etc.) that were not analyzed in the EIR due to the approximation of building locations in the EIR; F. Any new traffic signals or modifications to existing traffic signals shall be subject to the review and approval of the Los Angeles County Department of Public Works. The applicant shall pay the applicable county costs to provide plan check and inspection services; G. The applicant shall be required to dedicate any on -site land required to accommodate any required intersection improvements (e.g., deceleration lanes); H. All truck circulation; I. Visitor parking; 4 J. All access points to the project site, which should be aligned with existing driveways and intersections where possible; K. Off -site circulation improvements; L. All median modifications, if necessary; Revision Date: 1/2/02 1 181 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL M. All dead end aisles eliminated to satisfy City Codes; N. All truck turning radii; 0. The location of required loading spaces; P. An analysis that shows the location and the timing of construction of the required parking for the building or Project Area; 0. The parking shall be conveniently accessible; R. Pedestrian crossing areas of the private roadways shall be called out on the plans and appropriately designated; and, S. All parcels and structures shall be connected by an accessible route of travel that meets the requirements of Title 24 of the California Building Code. Final site plan approval for each building(s) shall be contingent upon fulfillment of the above traffic design review requirements. All Circulation and Parking Plan improvements which require installation shall be installed prior to the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan. Compliance with these requirements shall be verified by the Director of Public Works, the C.E.D.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer prior to the issuance of a Certificate of Occupancy. 58. No parking shall be allowed on the internal private roadways. The applicant shall install "No Parking" signs, subject to the approval of the Public Works Department. 59. The applicant shall provide handicap accessible pedestrian walkways, with a minimum five - foot width, within the required setbacks abutting all internal private roadways. Any internal roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right -of -way instead of locating them on private property. 60. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit Final Working Drawings to the C.E.D.S. Director for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM physical requirements have been provided as reasonably required by the City. All TDM /TSM physical requirements required by City regulations, as may be modified by Development Agreement 01 -1, shall be installed prior to the issuance of each Certificate of Occupancy. 61. Prior to the construction of the portion of the private internal roadway for the proposed project that would intersect Atwood Way, the applicant shall secure a Caltrans Encroachment Permit to alter the Atwood Way on -ramp intersection improvements as set forth in the EIR. The alterations to the intersection of the 1 -105 eastbound on -ramp at Atwood Way shall be in accordance with relevant Caltrans Encroachment Permit requirements and conditions and shall be shown on the Final Working Drawings. The applicant shall be responsible for the costs of modifications to the intersection and construction of all the private internal roadways. Prior to the issuance of a "Final Inspection Revision Date: 1/2/02 18 18 2 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL Approval" of the private internal roadway improvements, the applicant shall install the intersection improvements. The improvements shall be reviewed and approved by the City Traffic Engineer, and C.E.D.S. Director, 62. The private internal roadways shall be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Corporate Campus 'Specific Plan, and shall comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public works. The applicant shall be responsible for the design, construction, and maintenance of the private internal roadways. 63. The applicant shall prepare public assess easements on all the internal private roadways, subject to the review and approval of the C.E.D.S Director and City Attorney to permit public use of the internal private roadways. Upon approval, such easements shall be recorded with the County Recorder prior to the issuance of a Building Permit for construction of the roadways. 64. The applicant shall install off -site traffic related mitigation measures as set forth in the EIR and MMRP at the time when amount of building (floor area or vehicle trips) triggers the impact for which the mitigation measure is based, as documented in the required Traffic, Circulation, and Parking Plan. 65. Should it be necessary to alter the striping of the Nash Street off -ramp from the 1 -105 Freeway, the applicant shall secure an Encroachment Permit from Caltrans and the City of Los Angeles, as documented in the required Traffic, Circulation, and Parking Plan. 66. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit a temporary lane closure plan for review and approval by the Director of Public Work, Fire Chief and Police Chief if lane closures will be required during construction for a particular building to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences. 67. If the Nash - Douglas one -way couplet is eliminated by the City Council, and both Nash Street and Douglas Street are returned to two -way traffic by the City prior to the build out of the project, the applicant shall bear the cost of designing and constructing needed traffic improverents on the portion of the Nash and Douglas Streets fronting the project required as the direct result of the proposed project. 68. Driveway entrances shall be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area. 69. The applicant shall coordinatd construction lane closures with the Director of Public Works, Police Chief and Fire Chief. 70. Concurrent with the sale of the park site to the City, the applicant shall record an Agreement for the Maintenance of Off -site Parking, subject to the review and approval of the City Attorney, to provide a parking spaces for public use for the park site to be located on one or more of the Project Areas. Revision Date. 1 /2 102 19 183 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL UTILITIES 71. The Los Angeles County Sanitation District requires a Buildover Permit for construction over its sewer easements. The applicant shall demonstrate through its Grading Plans in the affected Project Areas that all alterations to final sewer easements, relocation of sewer manholes, and rights of way shall be in accordance with relevant Buildover Permit(s) to allow the construction of the proposed project and other project components over the 10- foot wide sewer easement. Prior to the issuance of the affected Grading Permits in the affected Project Areas for the proposed project, the applicant shall provide evidence to the C.E.D.S. Director that the Buildover Permit(s) has been obtained or the easement has been relocated. 72. Prior to the issuance of a Building Permit for each Project Area, the applicant shall provide a Utility Plan to the C.E.D.S. Director and Public Works for review and approval. The Utility Plan shall demonstrate that all on -site utilities, including fiber optic utility lines from each building to the public right -of -way, are placed underground. The applicant shall assume the costs for the relocation of all utilities, without limitation, light poles, electrical vaults, and fire hydrants, which are due to the proposed project. Prior to the issuance of a Certificate of Occupancy for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that the approved Utility Plan improvements has been installed and appropriate access provided per the approved plan. 73. Encroachment Permits shall be obtained from the Engineering Division of the Public Works Department for demolition haul -off. This Permit must be obtained at the same time the permit for demolition is issued. An Encroachment Permit for grading is also required when import or export of dirt exceeds fifty cubic yards. Demolition and grading may be listed on one Encroachment Permit. 74. If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six inches inside diameter. Material shall be "vitreous clay pipe." Each lateral shall have a six -inch clean -out brought to grade at the property line and securely capped. A B9 size box shall be placed around the clean -out for protection. The box shall have a cover emblazoned with the word "sewer." If in a traffic area, the cover shall be traffic approved. All elevations of planned sewer connections shall be reviewed and approved by the Director of Public Works prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six -inch wyes may be reused if approved�by the Director of Public Works. Any required sewer laterals shall be installed prior to the issuance of a Certificate of Occupancy for the building to be served. 75. No material storage is allowed in the public right -of -way except by Encroachment Permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way, it shall be confined to parkway areas and street parking areas, as long as safe and adbquate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Director and shall be limited to a maximum period of 24 hours. 76. Prior to the issuance of a Building Permit for each Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that proposed utility Revision Date: 1/2/02 20 184 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL service improvements will be of a quality reasonably acceptable to the C.E.D.S. Director. The developer shall encourage and promote a high quality, efficient, and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation, and solid waste disposal equipment and systems. Compliance with this measure shall be verified by the C.E.D.S. Director prior to Building Permit issuance. 77. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit Street and Public Right -of -Way Improvement Plans for review and approval to the Director of Public Works and C.E.D.S. Director. Said plans shall include any required dedications and sidewalks in accordance with City standards necessary for the building that is the subject of the Permit. Prior to the issuance of a Certificate of Occupancy for each building that is the subject of the Permit, the applicant shall dedicate any required right -of -way and install all sidewalks in accordance with plans and specifications approved by the City. Alternatively, the applicant may submit Street and Public Right -of -Way Improvement Plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 78. If any off -site upgrades are required due to changes in the proposed peak demands in sewer services, a program for the implementation of the upgrades shall be provided to demonstrate capacity availability within a reasonable time frame prior to occupancy. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director that adequate sewer capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any sewer upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 79. If any off -site upgrades are required due to changes in the proposed peak demands in water and wastewater service, a program for the implementation of the upgrades shall be provided to demonstrate capacity availability within a reasonable time frame prior to occupancy. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director that adequate water and wastewater capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any water and wastewater upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. i 80. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that the appropriate additional on -site water and wastewater improvements as identified by the El Segundo Water and Wastewater Division, or an equivalent service provider, have been installed. Such additional measures shall include separate services for potable and fire water systems, a separate water meter for each building, and potable system to be a combined irrigation and domestic, or separated into domestic and irrigation meters. Separate fire services with double detector check valves and backflow preventers are required. Upon competition of the site plan, the exact size and number of fire lines will be determined. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. Revision Date: 1/2/02 21 185 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL 81. If any off -site upgrades are required due to changes in the proposed peak demands for telecommunication services, a program for the implementation of the upgrades shall be provided to demonstrate capacity availability within a reasonable time frame prior to occupancy. Prior to issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 82. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that any appropriate additional improvements for on -site telecommunication services as identified by Pacific Bell, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Such additional improvements shall include that the developer shall provide the conduit trench and point of entry to the site while Pacific Bell installs the cable to the point of entry. All additional on -site improvements shall be provided by the applicant. If the existing facilities serve adjacent properties, the services may require relocation. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 83. If any off -site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades shall be provided to demonstrate capacity availability within a reasonable time frame prior to occupancy. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure shall be verified by the C.E.D.S. Director prior to permit issuance. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 84. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works thgt any appropriate additional on -site natural gas service improvements as identified by The Gas Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure shall be verified by the C.E.D.S. Director and prior to the issuance of the Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 85. If any off -site upgrades are required due to changes in the proposed peak demands for electrical service, a program for the implementation of the upgrades shall be provided to demonstrate capacity availability within a reasonable time frame prior to occupancy. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works Revision Date: 1/2/02 22 `6b 18 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 86. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that any appropriate additional on -site electrical service improvements as identified by The Edison Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. WATER 87. Prior to the issuance of the first Building Permit for each building within a Project Area, the applicant shall submit Off -site Reclaimed Water Facility Plans to the C.E.D.S. Director and the Director of Public Works for review and approval. Such plans shall include the extension of the reclaimed water trunk line in Nash Street from the termination of the line at a separately planned extension near the intersection of Nash Street and Mariposa Avenue to the furthest applicable extension of the Project Area necessary to provide service to the Project Area. Said plans for the off -site improvements shall include an approval from West Basin Municipal Water District, the supplier of reclaimed water. Alternatively, such plans may be submitted for the whole project site prior to issuance of the first Building Permit any Project Area. 88. Prior to the issuance of a Building Permit for each building within a Project Area, the applicant shall submit Final Working Drawings that incorporate On -site Irrigation Plans to the C.E.D.S. Director and the Director of Public Works for review and approval. Such plans shall indicate that reclaimed water shall be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Department of Public Works, when available from the West Basin Municipal Water District or other supplier of reclaimed water. Such plans shall include the installation of a dual water line system on -site to accommodate distribution of potable water for landscaping until reclaimed water for landscaping becomes available for the Project Area. In addition to the utilization of reclaimed water for irrigation, other water conservation features such as low -flow devices and automated shut -offs shall be included throughout the Project Site. Water management systems shall include both water conservation and wastewater reduction features. 89. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall provide evidence to the C.E.D.S. Director and the Director of Public Works that the connection with the City's reclaimed water system has been provided, the approved water managemenj systems and water - saving devices have been incorporated into project development, and that the water facilities have been installed per the approved plans. If the water provider is unable to make reclaimed water available prior to the issuance of the Certificate of Occupancy, then potable water may be utilized and the Certificate of Occupancy shall be issued. Revision Date: 1/2/02 23 p 18 7 CITY COUNCIL RESOLUTION No. 4241 Exhibit "C" CITY COUNCIL ORDINANCE No. 1345 Exhibit "A" CONDITIONS OF APPROVAL 90. The applicant shall install a loop water distribution system for the Project Site with service connections to each of the 12 -inch water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works. Prior to the issuance of a Building Permit for each Project Area, the applicant shall submit a construction phasing plan for the water service, which shall include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system. 91. Prior to the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant shall pay the applicable water meter installation fees. Compliance with this measure shall be verified by the C.E.D.S. Director prior to issuance of the Certificate of Occupancy. 92. Prior to the issuance of a Building Permit for each building within a Project Area, the applicant shag pay the applicable sewer connection fees and charges. Compliance with this measure shall be verified by the C.E.D.S. Director prior to Permit issuance. INDEMNIFICATION 93. TPG -El Segundo Partners, 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 Resolution No. 2517. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of the Resolution No. 2517, TPG -El Segundo Partners, 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. 94. TPG -El Segundo Partners, LLC must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. By signing this document, TPG -El Segundo Partners, LLC certifies that it has read, and stood, and agrees to the Project Conditions listed in this document. [Name i Thomas S. Ricci [Title] Senior Dice President (if Corporation or similar entity, need two officer signatures or evidence that one signature binds the company) P: \Planning & Building Safety\ PROJECTS \526- 550 \Ea - 548 \Conditions of approval ver.7 -cc final.doc Revision Date: 1/2/02 24 188 EL SEGUNDO CITY COUNCIL MEETING DATE: January 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Adoption of a Resolution and Ordinance approving a Development Agreement, Specific Plan and related entitlements for the proposed Corporate Campus Specific Plan to construct a 2,175,000 gross square foot mixed -use project on a 46.5 -acre property bounded by Atwood Way, Douglas Street, Mariposa Avenue, and Nash Street. (Environmental Assessment No. 548, Specific Plan No. 01 -1, Development Agreement No. 01 -1, General Plan Amendment No. 01 -2, Zone Change No. 01 -1, Zone Text Amendment No. 01 -1, Administrative Use Permit No. 01 -1, and Subdivision No. 01 -5 (Vesting Tentative Tract No. 53570) Applicant TPG -El Segundo Partners, LLC. Property owner: Federal Express Corporation. RECOMMENDED COUNCIL ACTION: 1) Reading of Resolution approving Environmental Impact Report by title only; 2) Second reading and Adoption of Ordinance; or, 3) Other possible action /direction. BACKGROUND & DISCUSSION: On December 18, 2001, the City Council held a public hearing on the above referenced item to consider adoption of a Development Agreement, Specific Plan and related entitlements forthe above referenced project. The public hearing was closed. The City Council voted to introduce Ordinance No. 1345 to approve the proposed reduced project with a 0.99 floor area ratio as requested by the applicant. The Council consensus was to vote on Resolution No. 4241 forthe environmental review of the project at the January 2, 2002 meeting. The attached Resolution is presented for adoption. If adopted without change, the provisions will become effective immediately. The Ordinance is presented for a Second Reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. ATTACHED SUPPORTING DOCUMENTS: 1. Draft City Council Resolution No. 4241 2. Draft City Council Ordinance No. 1345 FISCAL IMPACT: Operating Bud ?et: N/A Amount Requested: N/A Account Number: NIA Project Phase: N/A Appropriation Required: N/A es M. Hansen, Director of Community, Economic and Development Services BY: DATE: P: \Planning & Building Safety\ PROJECTS\ 526 - 550 \Ea- 548\EA- 548.ais -3.doc Gu8 1 18 Community, Economic and Development Services Department 350 Main Street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -41ST www.elsegunda.org APPLICATION FOR SUBDIVISION LA -bya L PROJECT No. (Y-V pate; 11/17/03 The applicant: TPG -El Segundo Partners, LLC 515 S. Flower Street, 6th Floor, L.A.,CA 90071 Name Address Phone (213) 830 -2264 (Check One) Owner Lessee Agent X Under purchase and sale agreement. Property Owner. Federal Express Corp. 3680 Hacks Cross Road, Bld Address H, 2nd Floor Memphis, TN 38125 Phone(901) 434 -8960 Property Situated at: Portion of Northeast quarter Section 7, Township 3 South, Range 14 West, (Exact legal description. Provide attachment If necessary) SBM General Location: 827 N. Douglas Street between Atwood Way and Mariposa Avenue Address and Street, Avenue Street, Avenue Existing Zoning: Corporate Campus Specific Plan Tentative Parcel Map _ Vesting Tentative Parcel Map Tentative Tract Map — Vesting Tentative Tract Map — Final Tract Map , Final Vesting Tract Map i X Time extension for vesting map. Request: Under the provisions of Title 14 of the Municipal Code, application for consideration of a Subdivision for the above described property. i SUBMIT WITH THIS APPLICATION: 13 copies of the above noted map(s) prepared in accordance vrith Title 14, "El Segundo Municipal Code". 1 190 Supporting documents or drawings to illustrate the proposed subdivision (parcel) map as fully as possible. Other information as may be required by the Director of Community, Economic and Development Services or City Engineer. MISCELLANEOUS: All deeds required shall be recorded in the office of the County Recorder, Los Angeles, California. Provide the City with one reproducible mylar copy of the map(s) after recordation in the County Recorder's office together with two prints of the same. All maps to be submitted in accordance with the Subdivision Map Act, Division 2 of Title 7 of the Government Code. OWNER'S AFFIDAVIT I,We Federal Express Corporation the undersigned, depose and say that l/Weam the OVYNER(S) of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this appiication and that the foregoing statements herein contained and the information on all documents and all plans attached hereto are in all respects hue and correct to the best of my /our knowledge and belief. NOTE: In lieu of property owner's signature, please reference attached letter from Federal Express dated 4/19/01. ,20 Signature Data AGENT AUTHORIZATION TPG —El Segundo Partners, LLC / I hereby authorize _Thomas S. Ricci to act for melus in all matters relevant to this application.I understand that this person will be the exclusive contact on the project and will be sent all Information and correspondence. NOTE: In lieu of property owner's signature, please reference attached letter from Federal Express dated 4/19101. Owner's Signature i AGENT AFFIDAVIT Thomas S. Ricci, I, We TPG —El Segundo Partners, LLC the undersigned, depose and say that l/Weam 19 1 the AGENT(S) of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and Filing this application and that the foregoing statements herein contained and the information on all documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. X Procedures for filing application 1. File application properly completed in the office of the Planning Division along with completed Initial Study Applicant Questionnaire. Signature of the owner/ owners, lessee (If applicant), and /or agent shall be required on all application's. 2. Applicant shall provide all information, drawings and other materials as requested by the Planning Division as indicated on the Notice to Applicants. 3. Pay filing fee (See fee schedule). 4. Applicant and affected property owners will be notified of time of hearing. 5. Applicant must be present at the hearing and may offer additional evidence to support his /her request. 6. There shall be an additional fee for filing an appeal. Planning Staff, Date received I k ( (3-s EA Signature '� SUB l P /pie/+pram,Jmbdi Wbn 192 ffL- 1{ _JpN 4g y 4 L x 5 y Y W '2 SJaa � r � Photo E: PHOTO KEY Atwood -� D 11 G H A{ Y C'.. f r A• Project ) • . Site o ?z _ z E i � Photo F: A CB East Mariposa 195 17-1 d =' a