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2005 MAR 15 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 lenath 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 15, 2005 — 5:00 P.M. Next Resolution # 4416 Next Ordinance # 1383 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (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 1 0 o 1 SPECIAL ORDERS OF BUSINESS: Consideration and possible action to appoint the City Manager as labor negotiator for the Management/Confidential Employee Group (which includes all City employees that are not members of collective bargaining units CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg) 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 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters 1 City of El Segundo v City of Los Angeles, et al LASC No BS094279 2 Michael Ward v City of El Segundo, et a], LASC No BC325247 3 Bryan Ezell v City of El Segundo, WCAB Case No MON0302193 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §549569(b)* -1- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) —1 matter 1 Public Employment (position to be filled) Tide City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) —1 matter Labor Negotiator Mary Strenn Unrepresented Employees "ManagemenUConfidential Employees (includes all City employees that are not members of bargaining units)" CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — 0 matter SPECIAL MATTERS - 0 matter 002 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 lenoth 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 15, 2005 - 7:00 P.M. Next Resolution # 4416 Next Ordinance # 1383 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Bishop Michael Briney of the Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Mayor Pro Tern John Gaines 00 PRESENTATIONS - (a) Commendations to Joe Harding, Donn Cottom, Mansa Vega, Michael Herbach, Melissa Champagne and Davida Hagan for running the LA Marathon while raising monies on behalf of Rotary International's effort to eradicate polio worldwide by the year 2005 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) regarding a Conditional Use Permit and Development Agreement for a new private High School ( "Vistamar School ") to occupy an existing 75,640 square -foot building at 737 Hawaii Street in the Light Industrial (M -1) Zone. Recommendation - (1) Open Public Hearing, (2) Discussion; (3) Adopt a Resolution approving Environmental Assessment No 656, Conditional Use Permit No. 04 -6 and Introduce Ordinance approving Development Agreement No. 04 -1, (4) Schedule second reading and adoption of Ordinance on April 5, 2005, (5) Alternatively, discuss and take other action related to this Item. 4 004 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding the Council Ad Hoc Subcommittee's recommendation to amend Title 1, Chapter 9- "Campaign Contributions and Disclosures ", of the El Segundo Municipal Code ( "ESMC ") with regard to campaign finance regulations. Recommendation — (1) Introduce Ordinance amending Title 1, Chapter 9 of the ESMC, (2) Schedule the second reading of the Ordinance for the April 5, 2005 Council Meeting, (3) Alternatively, discuss and take action related to this item. 3. Consideration and possible action regarding a status report on the implementation of the watertwastewater billing rates approved by the City Council on August 31, 2004. (Fiscal Impact: None) Recommendation — (1) Receive and file; (2) Alternatively, discuss and take other action related to this item 4. Consideration and possible action to retain Shannon David Design to complete both the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects. (Fiscal Impact: $125,000). Recommendation — (1) Accept the recommendation from the Economic Development Advisory Council to retain Shannon David Design to complete both the Business Recruitment Campaign ($90,000) and the Light Pole Banner project ($35,000); (2) Authorize the City Manager to execute the contract in a form approved by the City Attorney; (3) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5. Consideration and possible action regarding naming of the four (4) new El Segundo Public Library Meeting Rooms. (Fiscal Impact: None) Recommendation — (1) Recommend that the City Council approve the following names for the four (4) new Library meeting rooms: a) Parkview East, b) Parkwew West; c) Jack London Room, and d) Agatha Christie Room; (2) Alternatively, discuss and take other action related to this item. 00f7 6. Consideration and possible action regarding a request from the City Council Golf Sub - committee to use the funds from the refinancing of the golf course bonds, $526,200, to purchase several capital items that are needed at the Golf Course. (Fiscal Impact: $526,200). Recommendation — (1) Approve Public Works staff to go out to bid to replace the 40 -oz artificial turf on the driving range at the Lakes Golf Course — (Estimated Cost. $258,760) Direct staff to include alternate weight of 20 -oz artificial turf as a bid option — (Estimated Cost. $190,000), (2) Approve Public Works staff to go out to bid to add additional 90 -ft high netting across the back of the driving range — (Estimated Cost $64,200), (3) Approve Public Works staff to go out to bid to replace the existing tee boxes on the golf course — (Estimated Cost. $91,869), (4) Alternatively, discuss and take other action related to this item 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 rtem(s) wig be considered individually under the next heading of business 7. Warrant Numbers 2546112 to 2546353 on Register No. 11 in the total amount of $734,525.76 and Wire Transfers from 2118/2005 through 3/3/2005 in the total amount of $713,415.67. 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. S. City Council Meeting Minutes of March 1, 2005. Recommendation — Approval. 9. Consideration and possible action regarding adoption of a Resolution denying Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995), and Variance No. 04-01 for converting an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue ( "Project'). Recommendation — (1) Adopt a Resolution denying Environmental Assessment No. 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01; (3) Alternatively, discuss and take other action related to this item 0 UF; 10. Consideration and possible action regarding adoption of an Ordinance for: (1) the rezoning of approximately 85.8 acres of property within the City of El Segundo located on the northeast corner of Rosecrans and Sepulveda Boulevards currently designated for industrial uses to a new Commercial Center (C-4) classification ( "Sepulveda/Rosecrans Site Rezoning "); (2) approval of land use entitlements, including a development agreement, for a proposed shopping center development project located on 43.3 acres within the Sepulveda/Rosecrans Site Rezoning area ( "Plaza El Segundo project "). Recommendation — (1) Second reading by title only, and adoption of Ordinance No. 1382 for Zone Change Nos 03 -2 and 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No 03 -7 for the Sepulveda/Rosecrans Site Rezoning Reduced Traff ic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative, and Development Agreement No 03 -1 for the Plaza El Segundo Development Reduced Traffic Generation Alternative; (2) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding the authorization of a professional services agreement with Willdan Associates for providing an interim Senior Planner to replace the recent vacancy of the position. (Fiscal Impact: $72,000) Recommendation — (1) Authorize the City Manager to approve the professional services agreement as to form approved by the City Attorney; (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding a status report on the Douglas Street Gap Closure Project. (Fiscal Impact: None) Recommendation — (1) Receive and file; (2) Alternatively, discuss and take other action related to this item 13. Consideration and possible action regarding acceptance of the project for the Underground Fuel Storage System Repairs — Project No. PW 04 -05 (Final Project Cost = $8,306.38) and consideration and possible action regarding adoption of plans and specifications for the Phase 11 Underground Fuel Storage System Repairs — Project No. PW 05-09 (Estimated Cost: $45,300.00). Recommendation — (1) Accept the work as complete for Project No. PW 04 -05, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Adopt plans and specifications for Project No. PW 05 -09, (4) Authorize staff to advertise the project for receipt of bids; (5) Alternatively, discuss and take other action related to this item 7 007 14. Consideration and possible action regarding awarding contracts to Daphne Painting for the Clubhouse (located at 300 E. Pine St.) Interior Painting Project — Project No. PW 05 -03 (Fiscal Impact: $16,000) and to All -Area Plumbing for the Clubhouse Plumbing Refurbishment Project — Project No. PW 05 -02. (Fiscal Impact: $15,000) Recommendation. (1) Award contracts to the lowest, responsible bidders, Daphne Painting for the painting project in an amount not to exceed $16,000; and All -Area Plumbing for the plumbing project an amount not to exceed $15,000; (2) Authorize the City Manager to execute the contracts on behalf of the City, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — Council Member Jacobson — Mayor Pro Tem Gaines — Mayor McDowell — 15. Consideration and possible action regarding staff conducting a public workshop for the study of potential planning/land use changes to the Smoky Hollow Specific Plan by the University of California -Irvine (UCI). (Fiscal Impact: None) Recommendation — (1) Receive and file; (2) Alternatively, discuss and take other action related to this item ( -118 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 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 sea) 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 POSTED DATE j TIME NAME- (1Oq EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing Consideration and possible action to open a public hearing regarding a Conditional Use Permit and Development Agreement for a new private high school ( "Vistamar School ") to occupy an existing 75,640 square -foot building at 737 Hawaii Street in the Light Industrial (M -1) Zone RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Discussion, 3) Adopt a Resolution approving Environmental Assessment No 656, Conditional Use Permit No 04 -6 and Introduce Ordinance approving Development Agreement No 04- 1, 4) Schedule second reading and adoption of Ordinance on April 5, 2005, and /or 5) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On February 24, 2004, the Planning Commission held a public hearing on the above proposed project entitlements After receiving public testimony, the Planning Commission adopted Resolution No 2580, recommending City Council approval of the Conditional Use Permit and Development Agreement (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS: A Draft Resolution No _(including Conditions) B Draft Ordinance No _ (including Development Agreement) C Planning Commission Staff Report, dated February 24, 2005, including Resolution 2580 D Draft Planning Commission Minutes, dated February 24, 2005 E Initial Study of Environmental Impacts FISCAL IMPACT: Operating Budget N/A Amount Requested. N/A Account Number: N/A Project Phase, N/A Appropriation Required. Yes X No Seimone Jurjis, it ctor of Planning and DATE: ry S City Manag 11 STAFF REPORT March 15, 2005 I. Background Page 2 The proposed project is anew private high school The school would be located in an approximately 75,640 square -foot existing budding in the Light Industrial (M -1) Zone at 737 Hawaii Street The budding will be refurbished and reconfigured to provide the school with a one -story (30 -foot) budding containing approximately 75,640 gross square feet The project includes a Conditional Use Permit (CUP) and a Development Agreement. II. Project Description The proposed project is a new private high school (grades 9 through 12) The school will include 22 classrooms including 15 standard classrooms, 4 science labs, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student - serving areas such as a library, cafeteria, gymnasium, student center as well as other ancillary areas for administrative offices /services and storage While the plans show a cafeteria, there will be no kitchen or on -site preparation of food The school will use a catering service to bring meals to the school on a daily basis The proposed project will provide 157 spaces of onsite parking This exceeds the ESMC requirements of 154 parking spaces (i e 7 spaces per classroom for 22 classrooms) The parking lot will be reconfigured to create on -site circulation to facilitate a student drop -off area, additional landscaping, and looped fire access lane The campus will provide approximately 14,130 square feet of landscaped areas as well as 62,690 square feet of hardscaped areas, which includes the parking areas The school will have a gymnasium, but many of the athletic and physical educational requirements of the students will occur at off -site facilities throughout the surrounding communities Exhibit C to the attached February 24 Planning Commission Staff Report describes the applicant's proposed sports programs A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone Section 15 -5A -2 of the ESMC lists schools as a permitted use in the C -RS Zone, III. Analysis A Parking The proposed school would include a gymnasium as part of the full buddout of the facility According to the application, there could be some sporting events conducted in the gymnasium after school hours that would be open to the public. The school is proposing to add bleacher style seating in the gymnasium to accommodate approximately 450 persons Staff is recommending a mitigation measure to limit the number of occupants to 450 and to prohibit all public events 014 STAFF REPORT March 15, 2005 Page 3 in the gym during normal school hours in order to ensure that adequate parking for the gymnasium is provided on site However, the gymnasium could be used for regular physical education classes during normal school hours since it would not increase parking demand when the students are using the facility Since most students and faculty would no longer be on -site after normal school hours there will be adequate on -site parking (157 spaces at full buddout) to provide the required parking for the gymnasium based on the ESMC requirement of one parking space for each three fixed seats in the gymnasium. B. Development Agreement The proposed Development Agreement would be effective for ten years with an option to extend for an additional ten years The Agreement would require the applicant to make a public benefit contribution to the City in an amount approximately equal to the business license taxes that would be generated by the property over the next ten years with a 10 percent discount rate if it were occupied by a tax paying business instead of a tax - exempt non -profit organization Exhibit D of the Development Agreement (Attached to Exhibit B of this Report) provides the calculations to derive the initial lump sum payment of $185,586 82 to be paid to the City This represents the approximate net present value of ten years worth of business license fees If Vistamar School renews its ten -year lease on the property, it would also then have to make an additional $71,551 75 payment to the City in the eleventh year of operation which represents the net present value of the next ten years worth of business license fees that the City would have foregone by permitting a tax - exempt school from occupying an industrial building in the City C Public Comments The El Segundo School Board submitted a letter to the City (Exhibit F to the attached February 24 Planning Commission Staff Report) expressing its concern with a number of issues related to the establishment of a private high school within El Segundo Issues involving the potential perceived loss of confidence in the El Segundo Unified School District, the impact on test scores, and perceived loss of private contributions as a result of a private high school locating in El Segundo are not land use issues and were not considered by the Planning Commission The applicant submitted a letter responding to these concerns, which is attached as Exhibit G to the attached February 24 Planning Commission Staff Report The Planning Commission staff report provides a discussion of the land use compatibility concern raised by the El Segundo Unified School District Based on staffs review of the application and plans for the Vistamar School, staff does not foresee traffic, pedestrian, noise or other impacts from neighboring uses which would lead staff to conclude that the school would be incompatible with the existing surrounding uses IV. General Plan Consistency The project conforms to the goal, objectives and policies of the General Plan as Oil) STAFF REPORT March 15, 2005 Page 4 described in the attached Planning Commission staff report V. Zoning Consistency Conditional Use Permit Criteria In accordance with Section 15 -23 -6 of the ESMC, a Conditional Use Permit may be granted if it is determined that all the following findings can be met 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The proposed site for Vistamar School is currently zoned Light Industrial (M -1) The M -1 Zone conditionally permits uses that are allowed within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of the ESMC Furthermore, the proposed location is in accord with the purposes of the M -1 Zone Although the M -1 Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, companies or business firms, the M -1 Zone also is intended to accommodate, with appropriate conditions, C -RS Zone uses which include a wider variety of commercial retail- service uses and schools in particular The proposed school is compatible with the surrounding uses, will meet all the development standards in the M -1 Zone, and is consistent with the General Plan policies described in Section V above 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use is within a light industrial area predominantly featuring parking and commercial buildings with light industrial and office uses inside The location of a private high school near such uses is minimally impactful on the operations of such uses There will be low traffic generation which would not significantly impact any intersections in the project vicinity Daily lunch catering service would result in the only truck activity on the site that formerly was a more intensive warehouse use There would be minimal noise from students during lunch and break periods and no outdoor recreational activities on -site There would be minimal use of hazardous chemicals in the science laboratory classrooms, upgraded landscaping, improved seismic strengthening of the building, and improved fire access as described in the Initial Study of Environmental Impacts Appropriate conditions for development and operations have been established to ensure such compatibility, including restrictions on the public use of the gymnasium during normal school hours to ensure sufficient on -site parking is maintained As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety 014 STAFF REPORT March 15, 2005 Page 5 or welfare, or materially injurious to properties or improvements in the vicinity That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 the since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements As described and analyzed above, staff thinks that there is adequate evidence provided upon which to make the findings required for issuance of a Conditional Use Permit, if the proposed conditions of approval are adopted The City Council may consider and impose additional conditions, which it deems necessary and which relate to mitigating impacts relating to the use of the site, in order to meet the required conditional use permit findings The proposed project is also consistent with the development standards in the M -1 Zone as outlined in the February 24, 2005, Planning Commission staff report (Exhibit C) VI. Environmental Review The proposed project has been analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts (Exhibit E) was prepared pursuant to Public Resources Code § 15063 (the California Environmental Quality Act) A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA § 15070 The draft Mitigated Negative Declaration includes a mitigation measure requiring a 10 -foot high masonry wall in the southeast corner of the property to place a solid barrier between the school and an above ground propane storage tank on the adjacent property for fire and explosion protection, and mitigation measures requiring laboratory chemical handling in conformance with guidelines published by the American Chemical Society and a use restriction of the gymnasium to ensure adequate on -site parking is maintained VII. Planning Commission Hearing The Planning Commission held its public hearing on the proposed project on February 24, 2005 At this hearing the Commission took public testimony, reviewed the draft Initial Study of Environmental Impacts, and considered the proposed project The applicant and six members of the public presented testimony at the public hearing There was some discussion regarding the adequacy of special events parking However, the Planning Commission did not take action regarding this issue At the conclusion of the public hearing, the Commission adopted Resolution No 2580 recommending City Council approval of the project O1.) STAFF REPORT March 15, 2005 VIII. Conclusion Page 6 Staff recommends that the Council approve the proposed project and adopt the draft Resolution approving Environmental Assessment No 656, Conditional Use Permit No 04 -6, and introduce the ordinance approving Development Agreement No 04 -1 P \Planning & Bwldmg Safety\Prgeats\651- 675\656 \Ea -656 ais doc 01 RESOLUTION NO. _ A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 656 AND CONDITIONAL USE PERMIT NO. 04 -6 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On September 22, 2004, Vistamar School filed an application for Environmental Assessment No 656 and Conditional Use Permit No 04 -6 to establish a private high school in an existing 75,640 square foot building at 737 Hawaii Street, B On November 9, 2004, Vistamar School filed an application for Development Agreement No 04 -1 requesting a ten -year development agreement with the City, C Vistamar School's application was reviewed by City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), D In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), E An Initial Study of Environmental Impacts was prepared pursuant to the requirements of CEQA A Mitigated Negative Declaration was prepared and circulated for public review and comment from February 3, 2005 to February 23, 2005, F The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for February 24, 2005, G On February 24, 2005, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City Staff, public testimony, and by Vistamar School's representatives, and, adopted Resolution No 2580 recommending approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, 01 l H On March 15, 2005 the City Council held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Vistamar School, and, The City Council considered the information provided by City staff, public testimony, and by Vistamar School's representative This Resolution, and its findings, are made based upon the evidence presented to the City Council at its March 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The subject site is located at 737 Hawaii Street in the Light Industrial (M -1) Zone B The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an approximately 75,640 square -foot existing building The building will be refurbished and reconfigured to provide the school with a one -story (30 -foot) building containing approximately 75,640 gross square feet C The school will include 22 classrooms, which will include 15 standard classrooms, 4 science laboratory classrooms, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student - serving areas such as a library, cafeteria, gymnasium, and student center as well as other ancillary areas for administrative offices /services and storage D Parking will be provided on -site for 157 vehicles E The school plans to operate on a typical school year schedule from Labor Day to mid -June Normal school hours would be from 7 30 a m to 3 00 p m There would be extracurricular activities that would also take place after 3 00 p m Summer school activities would be offered as well as other community uses of the school's facilities F The project will be implemented in two or three phases During the 2005/2006 school year, beginning in September 2005, only seven classrooms and some of the ancillary uses for approximately 120 students would be constructed The enrollment would consist of approximately 90 freshman and 30 sophomore students G During this 2005/2006 school year, tenant improvements would continue in the rear two - thirds of the building to complete the full buildout of the school facilities Upon completion of the facilities for the 2006/2007 or 2007/2008 school year, the school would be able to provide enrollment up to its projected capacity of 400 students 018 H Vistamar School anticipates phasing in the full student enrollment over four year period, reaching its full enrollment for the 2008/2009 school year A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone ESMC § 15 -5A -2 lists schools as a permitted use in the C -RS Zone The proposed Development Agreement includes a ten -year term and an initial public benefit contribution to the City in the amount of approximately $185,586 82 and an additional lump sum payment of $71,551 75 should Vistamar School occupy the budding for more than ten years SECTION 3 Environmental Assessment Because of the facts identified in Section 2 of this Resolution, the proposed project has been analyzed for its environmental impacts and a Draft Initial Study has been prepared pursuant to CEQA Guidelines § 15063 The Initial Study demonstrated that the project could not have a significant effect on the environment with the implementation of mitigation measures A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA Guidelines § 15070 The mitigation measures listed in the mitigated negative declaration are sufficient to reduce all identified environmental impacts to less than significant levels. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project SECTION 4 General Plan Findings The proposed project conforms with the City's General Plan as follows A The El Segundo General Plan land use designation for the proposed school is Light Industrial This designation is intended for manufacturing and industrial uses that were located on the subject properties B The proposed project would contribute to the implementation of Economic Development Element policies by adding a school which will help meet the diverse needs of the City's business and residential communities (Policy ED1 -21) and promote a better quality of life (ED1 -22) by providing additional educational opportunities within the City for its residents The proposed public benefit contribution in the Development Agreement would ensure revenues from the property were maintained (ED 2 -1 2) C The project is consistent with Land Use Element Objective LU5 -3 and Policy LU5 -3 1 to revitalize industrial properties through combined efforts of the private and public sector and to upgrade site deficiencies such as landscaping and parking The proposed project will add landscaping to the site and renovate the building and the surface parking areas D The applicant intends to provide seismic upgrades to the budding as part of the renovations to ensure public safety (Public Safety Element Goal PS2) 011) SECTION 5 Conditional Use Permit Findings. After considering the above facts, the City Council finds as follows A The proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located The proposed site for Vistamar School is currently zoned Light Industrial (M- 1). The M -1 Zone conditionally permits uses that are allowed within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of the ESMC Furthermore, the proposed location is in accord with the purposes of the M -1 Zone Although the M -1 Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, companies or business firms, the M -1 Zone also is intended to accommodate, with appropriate conditions, C -RS Zone uses which include a wider variety of commercial retail - service uses and schools in particular The proposed school is compatible with the surrounding uses, will meet all the development standards in the M -1 Zone, and is consistent with the General Plan policies described in Section 4 above B The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity The proposed location of the conditional use is within a light industrial area predominantly featuring parking and commercial buildings with light industrial and office uses inside The location of a private high school near such uses is minimally impactful on the operations of such uses. There will be low traffic generation which would not significantly impact any intersections in the project vicinity. Daily lunch catering service would result in the only truck activity on the site that formerly was a more intensive warehouse use There would be minimal noise from students during lunch and break penods and no outdoor recreational activities on -site There would be minimal use of hazardous chemicals in the science laboratory classrooms, upgraded landscaping, improved seismic strengthening of the building, and improved fire access as described in the Initial Study of Environmental Impacts Appropriate conditions for development and operations have been established to ensure such compatibility, including restrictions on the public use of the gymnasium during normal school hours to ensure sufficient on -site parking is maintained As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity 4 0.-)Q C That the proposed conditional use will comply with each of the applicable provisions of this Chapter The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements SECTION 6 Approvals Subject to the conditions listed on the attached Exhibit 'A" which are incorporated into this Resolution by reference, the City Council adopts a Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment No 656 and Conditional Use Permit No 04 -6 SECTION 7: Reliance on Record Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 8 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 9: Summaries of Information All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact SECTION 10 This Resolution will remain effective until superseded by a subsequent resolution SECTION 11, According to the El Segundo Municipal Code, a copy of this Resolution will be mailed to Vistamar School, and to any other person requesting a copy SECTION 12 This Resolution is the City Council's final decision and will become effective immediately upon adoption 5 02 1 PASSED, APPROVED AND ADOPTED this 15th day of March 2005. Kelly McDowell, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of March, 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT- ABSTAIN Cindy Mortesen, City Clerk 1" P \Planning & Building Safely\Proiecls \651- 675 \656 \EA -656 reso cc doc 02 CITY COUNCIL RESOLUTION NO. Exhibit "A" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Vistamar School agrees to comply with the following provisions as conditions forthe City of El Segundo's approval of Environmental Assessment No 656, Conditional Use Permit No. 04 -6, and Development Agreement No 04 -1 ( "Project Conditions ") Zoning Conditions Before the City issues a budding permit, the applicant will submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the Planning and Budding Safety Department Any subsequent modification to the protect as approved will be referred to the Director of Planning and Budding Safety ( "Director ") for a determination regarding the need for City Council review of the proposed modification 2 A ten -foot high masonry wall must be constructed extending 130 feet north from the southeast corner of the property along the east property line and extending 60 feet west from the southeast corner of the property along the south property line (Mitigation Measure 1) 3 All potentially hazardous substances must be handled strictly in conformance with the American Chemical Society publication entitled "Chemical Safety for Teachers and Their Supervisors ", and any other governmental regulations for the storage, handling, and use of hazardous materials (Mitigation Measure 2) 4 The occupancy of the gymnasium is limited to a maximum of 450 persons at any time and may be utilized for events which involve only students and faculty of the school during normal school hours (7 30 a m to 3 00 p m ) on school days After the hours of 3 00 p m on school days and all day on non - school days, the gymnasium may be used for events and activities which are open to the general public (Mitigation Measure 3) 5 Before the City issues a budding permit, the applicant must show the location of bicycle racks on the construction plans to accommodate a minimum of five bicycles The bicycle racks must be well -lit and must be installed before the issuance of a Certificate of Occupancy for the first phase of construction Public Safety Conditions Before the City issues a budding permit, the plans must be revised to provide a gate with crash bars connecting the west side of the budding and the west property line 01 and a gate with crash bars connecting the south side of the budding and the south property line to discourage loitering in the west side and the rear yard setbacks 7 Before the City issues a building permit, the applicant must provide a landscape and irrigation plan for review and approval by the Director of Planning and Budding Safety that depicts dense shrubbery between the parking lot at the northwest corner of the property and outdoor dining area in front of the budding to separate the two areas 8 Before budding permits are issued, the applicant must indicate on the floor plans the location of a site directory near the main entrance to the budding displaying a diagrammatic representation of the school facilities The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the first phase 9. Before budding plans are issued, the plans must be revised to provide signage on the exterior of the budding identifying the location of the gymnasium, library and cafeteria Signage lettering must be a minimum of four inches in height and of contrasting color to the budding The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the phase of work that the room is included within 10 Before budding permits are issued, the applicant must show on the budding plans that the trash storage area will be completely enclosed Lighting must be provided directly over or adjacent to the trash enclosure area 11 A minimum of one footcandle of light on the ground surfaces must be provided during hours of darkness Passageways and recesses related to and within all sides of the complex, must be illuminated with a maintained minimum of 25- 50 footcandles during hours of darkness Lighting devices must be enclosed and protected by weather and vandal resistant covers 12 Before building permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval The photometric study must be point -by -point and include the light loss factor (0.7) Lighting levels must be adjusted accordingly to meet the minimum footcandle requirements within each area of the project 13 Street and unit addressing must be a minimum of four to six inches high, of contrasting color to the background and illuminated during hours of darkness. 14 Before the City issues a Certificate of Occupancy or approves each phase of construction for each phase of construction, the applicant must provide a set of as- built construction plans (site plans, floor plans, and elevations) to the Police Department 2 U4 15. The tables, chairs, and umbrellas in the outdoor dining area in the front of the budding must comply with ESMC § 15 -2 -16 and must be brought inside the budding after school hours or permanently affixed to the ground. 16 Before the City issues a budding permit, the floor plans must be revised to relocate the security office to a location adjacent to the main entrance of the budding, subject to the review and approval of the Director of Planning and Budding Safety and Chief of Police The security office must be constructed before the City issues a Certificate of Occupancy for the first phase of construction Budding Safety 17 Before the City issues a building permit, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes 18 Before the City issues a budding permit, separate Plumbing, Mechanical, and Electrical plans will be submitted for plan check Fire Conditions 19 If school meals are prepared on -site, an appropriate wastewater interceptor, subject to review and approval by the Planning and Budding Safety Department and Fire Department, must be installed in the sewer line 20 Before the City issues a budding permit, the construction plans must include appropriate ventilation hoods in the science laboratory classrooms, subject to review and approval of the Fire Department Ventilation hoods must be installed before issuance of a Certificate of Occupancy for each phase in which science laboratory classrooms that require ventilation hoods are included 21 The applicant must provide a chemical inventory and emergency plan for review and approval by the Fire Department if chemical storage on site would be in quantities greater than 55 gallons, 500 pounds, or 200 cubic feet The applicant must consult with the Fire Department on the storage and handling of chemicals in quantities less than described above 22 Before building permits are issued, the applicant must develop plans, which identify fire protection, notification, detection and access provisions and mechanisms for their testing and maintenance. Public Works 23 Any existing driveways to be abandoned must be removed and the parkway reconstructed with full height curb and sidewalk improvements 24 Any work or encroachment in the public right -of -way must have a Public Works Permit. 0.) Service Fees 25 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time library services mitigation fee of $0 03 per gross square foot of budding floor area 26 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time fire services fee of $0 14 per gross square foot of budding floor area 27 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time police services mitigation fee of $0.11 cents per gross square foot of budding floor area. 28 Before budding permits are issued, the applicant must pay the required sewer connection fees (as outlined in ESMC Chapter 12 -3) if the development requires a new sewer connection Miscellaneous Conditions 29 The applicant will ensure that water service connections are sized for the expected water usage increase as a result of the new development 30 If any asbestos or lead -based paint is discovered during demolition and construction, analysis and removal must be performed in conformance with federal, state and local regulations 31 All activities associated with asbestos must be conducted under the direct supervision of a certified asbestos consultant 32 Demolition of structures that have asbestos containing materials (ACM) must comply with the South Coast Air Quality Management District ( "SCAQMD ") Rule 1403 - Asbestos Emissions from Demolition /Renovation Activities 33 During construction and operations, all waste must be disposed of in accordance with all applicable laws and regulations Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler 34 All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all applicable laws and regulations to prevent contaminated sod on paved surfaces that can be washed away into the storm drains 35 If materials spills occur, they will be cleaned up in a way that will not affect the storm drain system. 36 The protect must comply with ESMC Chapters 5-4 and 5 -7, which establish storm water and urban pollution controls 0 26 37 Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting 38. Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been Implemented to reduce pollutant loadings Identified In the Storm Water Prevention Plan 39 Vlstamar School agrees to Indemnify and hold the City harmless from and against any claim, action, damages, costs (Including, without limitation, attorney's fees), Injuries, or liability, arising from the City's approval of Environmental Assessment No. 656, Conditional Use Permit No. 04 -6, and Development Agreement No 04 -1. Should the City be named in any suit, or should any claim be brought against It by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, Vlstamar School agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will Indemnify the City for any judgment rendered against It or any sums paid out In settlement or otherwise For purposes of this section "the City" Includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Vistamar School certifies that he has read, understood, and agrees to the Project Conditions listed in this document Jean Campbell, Vlstamar School (if Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Budding Safety\Proiects \651- 675 \656 \EA -656 reso cc doc w, t ORDINANCE NO. AN ORDINANCE REGARDING AN APPLICATION FROM VISTAMAR SCHOOL APPROVING DEVELOPMENT AGREEMENT NO. 04 -1 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares that A On September 22, 2004, Vistamar School filed an application for Environmental Assessment No 656 and Conditional Use Permit No 04 -6 to establish a private high school in an existing 75,640 square foot budding at 737 Hawaii Street, B On November 9, 2004, Vistamar School filed an application for Development Agreement No 04 -1 requesting a ten -year development agreement with the City, C Vistamar School's application was reviewed by City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), D In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), E An Initial Study of Environmental Impacts was prepared pursuant to the requirements of CEQA A Mitigated Negative Declaration was prepared and circulated for public review and comment from February 3, 2005 to February 23, 2005, F The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for February 24, 2005, G On February 24, 2005, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City Staff, public testimony, and by Vistamar School's representatives, and, adopted Resolution No 2580 recommending approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, 028 H On March 15, 2005 the City Council held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Vistamar School, and, The City Council considered the information provided by City staff, public testimony, and by Vistamar School's representative This Resolution, and its findings, are made based upon the evidence presented to the City Council at its March 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The subject site is located at 737 Hawaii Street in the Light Industrial (M -1) Zone B The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an approximately 75,640 square -foot existing building The building will be refurbished and reconfigured to provide the school with a one -story (30 -foot) budding containing approximately 75,640 gross square feet C The school will include 22 classrooms, which will include 15 standard classrooms, 4 science laboratory classrooms, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student- serving areas such as a library, cafeteria, gymnasium, and student center as well as other ancillary areas for administrative offices /services and storage D Parking will be provided on -site for 157 vehicles E The school plans to operate on a typical school year schedule from Labor Day to mid -June Normal school hours would be from 7 30 a m to 3 00 p m There would be extracurricular activities that would also take place after 3 00 p m Summer school activities would be offered as well as other community uses of the school's facilities F The project will be implemented in two or three phases During the 2005/2006 school year, beginning in September 2005, only seven classrooms and some of the ancillary uses for approximately 120 students would be constructed The enrollment would consist of approximately 90 freshman and 30 sophomore students G During this 2005/2006 school year, tenant improvements would continue in the rear two - thirds of the budding to complete the full buildout of the school facilities Upon completion of the facilities for the 2006/2007 or 2007/2008 school year, the school would be able to provide enrollment up to its projected capacity of 400 students 2 020 H Vistamar School anticipates phasing in the full student enrollment over a four year period, reaching its full enrollment for the 2008/2009 school year A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone ESMC § 15 -5A -2 lists schools as a permitted use in the C -RS Zone The proposed Development Agreement includes a ten -year term and an initial public benefit contribution to the City in the amount of approximately $185,586 82 and an additional lump sum payment of $71,551 75 should Vistamar School occupy the budding for more than ten years SECTION 3 Development Agreement Findings The project approved as part of the Development Agreement would be as generally described in Section 2 above Pursuant to City Council Resolution No 3268, adopted June 26, 1984, the City Council finds that A The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan The Development Agreement would provide the following public benefits in exchange for valuable development rights (ten -year entitlement) A public contribution benefit of approximately $185,586 82 to replace the business license fees that would have been paid by a non -tax- exempt business that might have occupied the budding for the next ten years, A public contribution benefit of approximately $71,551 75 to replace the business license fees that would have been paid by a non -tax- exempt business that might have occupied the budding for an additional ten years if Vistamar remains in the budding after ten years Development of a project that is consistent with the elements of the General Plan 4 Contribution of approximately $21,179 in police, fire, and library mitigation fees to offset the impacts of the project on public services B The protect 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 use and development standards are consistent with the existing uses and M -1 Zone standards C The proposed protect would provide a needed community service and would expand the range of educational opportunities for the residents of the City and surrounding areas The proposed Development Agreement would facilitate the re -use of an underutilized industrial budding and provide important seismic upgrades to the budding 030 D The project will not be detrimental to the health, safety and general welfare The initial study for the proposed project determined that the project will not create any significant environmental impacts and showed that the project would not introduce the students and faculty of the proposed school to any significant existing hazards in the surrounding area E The project will not adversely affect the orderly development of property or the preservation of property values The proposed Development Agreement will ensure that the project will be developed in an orderly fashion SECTION 4 Approvals A The City Council approves the Development Agreement in substantially the form set forth in attached Exhibit 'A," which is incorporated into this Ordinance by reference B Subject to the conditions listed on the attached Exhibit "B," which are incorporated into this Ordinance by reference, the City Council adopts a Development Agreement No 04 -1 SECTION 5 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 6 This Ordinance will remain effective until superseded by a subsequent resolution SECTION 7 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 8 This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption PASSED, APPROVED AND ADOPTED this 5th day of April 2005. Kelly McDowell, Mayor Wt 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 Ordinance No _ was duly introduced by said City Council at a regular meeting held on the 15th day of March, 2005, and 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 5th day of April, 2005, 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 Hensley, City Attorney P Planning & Building Safety\Prolectst651- 675\656\EA -656 Ord doc 03, CITY COUNCIL ORDINANCE NO. Exhibit A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND VISTAMAR SCHOOL THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 033 DEVELOPMENT AGREEMENT Tlus Development Agreement (the "Agreement ") is made and entered into by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "City ") and Vistamar School, a California non - profit corporation ( "Vistamar ") In consideration of the mutual covenants and agreements contained in this Agreement, City and Vistamar agree as follows. 1 Recitals This Agreement is made with respect to the following facts and for the following purposes 1 1 Pursuant to Government Code §§ 65865 et sea , City is authorized to enter into a binding agreement with any person having a legal or equitable interest in real property for the development of such property. 12 Vistamar is the lessee under a lease with LBA Fund IVA, LLC with regard to certain real property in the City of El Segundo, consisting of approximately 153,525 square feet, as more specifically described in attached Exhibit "A," which is incorporated by reference (the "Property ") The Property is currently improved with a building containing approximately 75,640 square feet of warehouse and office space (the `Building ") 13 Vistamar desires to renovate the Building for use as a private high school ( "Project ") pursuant to a conditional use permit as permitted by the El Segundo Municipal Code ( "ESMC "). 14 City has approved/certified, or is in the process of approving Environmental Assessment No 656, Conditional Use Permit No. 04 -6, Development Agreement No 04 -1, and conditions of approval imposed in connection herewith (the "Conditions of Approval ") (the foregoing are collectively referred to as the "Project Approvals" and are incorporated into this Agreement by reference) Vistamar's application for the Project Approvals was deemed complete by the City on February 14, 2005 (the "Application Date "). 1.5 By this Agreement, City desires to obtain the binding agreement of Vistamar to develop the Property in accordance with the Project Approvals and this Agreement In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement 1 6 By this Agreement, Vistamar desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals, the Applicable Rules (as defined herein) and this Agreement In consideration thereof, Vistamar agrees to provide a Public Benefit Contribution as described in Section 6 5 below. 17 City and Vistamar acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, ,lust and reasonable and that this Agreement is consistent with the General Plan of the City 1- 034 18 The proposed Project uses are consistent with both the City's General Plan and the ESMC which identify the Property as "Limited Industrial" and part of the M -1 Zone which conditionally permits school uses. Property Subject to this Agreement. All of the Property is subject to this Agreement 3 Binding Effect The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property Whenever the terms "City" and "Vistamar" are used, such terms include each of their successors in interest 3 1 Agreement Personal to Vistamar. City and Vistamar acknowledge and agree that the City is entering into this Agreement based on the abilities of Vistamar to perform its obligations under this Agreement, deliver the public benefits promised to the City, and to construct and complete a high - quality private high school project which will be a benefit to the City and its residents Accordingly, the effectiveness of this Agreement and each of the Project Approvals is expressly conditioned on Vistamar, a related entity being, or another non - profit, private high school being either the lessee or the owner of the Property. 32 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which Vistamar has a legal interest is conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest 33 Rights to Assign Vistamar may not assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time during the term of this Agreement without City's prior approval. 34 Liabilities Upon Transfer Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of the Property, Vistamar will be released from its obligations under this Agreement with respect to the Property so transferred arising subsequent to the effective date of such transfer, if (i) Vistamar has provided to the City prior or subsequent written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred by executing an Assignment and Assumption Agreement in the form of Exhibit `B" attached hereto Upon any transfer of the Property and the express assumption of Vistamar's obligations under this Agreement by such transferee, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee Any such transferee is entitled to the benefits of this Agreement as "Vistamar" hereunder and is subject to the obligations of this Agreement applicable to the parcel(s) transferred The transferee is responsible for satisfying the good faith compliance requirements set forth in Section 9 below relating to the Property owned by such transferee Development of the Property The following provisions govern the subdivision, development and use of the Property -2- 035 4 1. Permitted Uses. The permitted and conditionally permitted uses of the Property, as well as the minimum and maximum allowable square footages for such uses, are set forth in the Project Approvals 42 Development Standards All design and development standards applicable to the Property are set forth in the Applicable Rules (as defined below), the Project Approvals and this Agreement 43 Building Standards All construction on the Property must adhere to the California Building Code, including the Fire Resistive Design Manual, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Housing Code, and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively the "Building Codes ") 4.4, Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Project Approvals and this Agreement 5 Vesting of Development Rights 5 1 Applicable Rules The Applicable Rules consist of the following 5 1 1 The City's General Plan, as it exists on the Effective Date, 5.1.2, The City zoning regulations, asset forth in the ESMC, as they exist on the Effective Date, and 5 1.3 Such other laws, ordinances, rules, regulations, and official policies governing permitted uses of the Property, density, design, improvement, development fees, and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement 52. Entitlement to Develop Vistamar is granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and any future approvals granted by the City for the Project or the Property (the "Future Approvals ") 53. Subsequent Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general plan or zoning, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or any other board, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be (collectively the "Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the Property, cannot be applied by the City to any part of the Property. -3- 036 54 Timing of Development City and Vistamar intend to avoid the result in Pardee Construction Co v City of Camarillo (1984) 37 Cal. 3d 465 by acknowledging and providing that Vistamar has the right, without obligation, except as otherwise specifically set forth herein, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment subject to the term of this Agreement 55 Future Annrovals 5 5 1. Minor Modifications to Prolect Vistamar may make minor changes to the Project ( "Minor Modifications ") without amending this Agreement upon the administrative approval of the City's Planning and Building Safety Director, provided that such modifications are consistent with the Development Standards, Applicable Rules, and Project Approvals and do not constitute Mayor Modifications pursuant to Section 5 4 2 below The City must not unreasonably withhold or delay approval of any Minor Modification The City has the right to impose reasonable conditions in connection with Minor Modifications, provided, however, such conditions must not (a) be inconsistent with the Applicable Rules or with the development of the Project as contemplated by this Agreement, (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct, interfere with, or place unreasonably burdensome or restrictive measures or requirements upon development of the Project or the Property or any portion thereof, or (c) impose additional dedications, infrastructure or public improvement obligations, fees, or exactions in excess of those identified in this Agreement 5 5 2 Modifications Requiring Amendment to this Agreement Any proposed modification to the Project as described below ( "Major Modifications ") does not constitute a Minor Modification and instead requires an amendment to this Agreement pursuant to Section 15 below (a) Any change in use to a use which is not permitted under the ESMC, (b) Any increase in the total developable square footage of the entire Property in excess of 5% of the total overall gross square footage constructed; (c) Any decrease in the number of parking spaces available to Vistamar below the number required in the ESMC; and (d) Any material modification to Vistamar's obligation to provide a Public Benefit Contribution as provided in Section 6 4 below 56 Plan Review Plans for the building on the Property, including plans for signage, trash enclosures and screening and landscaping must be reviewed and approved by the Director before the City issues a building permit, provided, however, that, notwithstanding anything to the contrary contained in the Applicable Rules, the sole purpose of such review is to verify consistency with the Development Standards, Applicable Rules, and Project Approvals The Director must approve all features which are consistent with the Development Standards or are otherwise specifically approved by this Agreement -4- 037 57 Modification of Approvals Throughout the term of this Agreement, Vistamar has the right, at its electron and without risk to any right that is vested pursuant to this Agreement, to apply to the City for modifications and amendments to the Project Approvals and any Future Approvals that may be granted to Vistamar The approval or conditional approval of any such modification or amendment which does not constitute a Mayor Modification does not require an amendment to this Agreement, provided that, in addition to any other findings that may be required, a finding is made that the modification or amendment is consistent with this Agreement Any such modification or amendment is deemed incorporated into this Agreement at the time it becomes effective. 5.8 Term This Agreement will be effective for a period of ten (10) years However, Vistamar or City is entitled to, by written request before the Agreement's expiration, one (1) ten (10) -year extension, provided that the requesting party is not in default of its obligations hereunder at such time 59. Issuance of Building Permits No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from Vistamar if all infrastructure required to serve the portion of the Property covered by the building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City before completion of construction and all of the other relevant provisions of the Project Approvals, subsequent approvals and this Agreement have been satisfied 6 Vistamar Agreements 6 1. General Vistamar must comply with (i) this Agreement, (u) the Project Approvals, including without limitation any mitigation measures required by the determination made pursuant to the California Environmental Quality Act, and (iii) all Subsequent Approvals for which it is the applicant. 62 Development Fees Vistamar must pay the development fee amounts identified in Exhibit "C" 63 Processme Fees On the Effective Date of this Agreement, Vistamar must pay all outstanding City processing, legal and environmental processing costs related to the Project and preparation of this Agreement, if any 64 Other Fees In addition to fees specifically mentioned in this Agreement, Vistamar agrees to pay all City plan check fees, building inspection fees, and permit fees, generally applicable on a City -wide basis for similar projects, at the rate and amount in effect at the time the fee is required to be paid 65 Public Benefit Contribution Vistamar and the City acknowledge that Vistamar, as a non - profit corporation, is exempt from paying certain taxes which would otherwise inure to the benefit of the City In light of such exemption, Vistamar agrees to pay to the City a public benefit contribution based on the net present value of the foregone business license taxes that Vistamar would have been required to pay were Vistamar not exempt as a not - for - profit -5- 038 corporation ( "Public Benefit Contribution") Vistamar must pay such Public Benefit Contribution in an amount and per the schedule established in Exhibit "D" of this Agreement C1t Nistamar Aereements. 71 Processing Cooperation and Assistance To the extent permitted by law, the City must reasonably cooperate with the Vistamar in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi - governmental entity in connection with the Development of the Projector the Property Without limiting the foregoing, the City must reasonably cooperate with the Vistamar in any dealings with federal, state and other local governmental and quasi - governmental entities concerning issues affecting the Property The City must keep the Vistamar fully informed with respect to its communications with such agencies which could impact the development of the Property. 72. Processing During Third Party Litigation The filing of any third party lawsuit(s) against the City or the Vistamar relating to this Agreement or to other development issues affecting any portion of the Property or the Project must not hinder, delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of ministerial permits or approvals, unless the third party obtains a court order preventing the activity 7.3 Reimbursement and Apportionment Although the parties do not contemplate a condition of a Future Approval requiring excess capacity or size of required dedications or public facilities beyond that required by the Applicable Rules, nothing in this Agreement precludes the City or Vistamar from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that the City, pursuant to this Agreement, may require pursuant to the Applicable Rules as conditions of the Future Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project or development on the Property. 8 Modification(Susnension. Pursuant to Government Code Section 65869 5, in the event that any state or federal law or regulation, enacted after the Effective Date (as defined in Section 18), precludes compliance with any provision of this Agreement, such provision must be deemed modified or suspended to the extent practicable to comply with such state or federal law or regulation, as reasonably determined necessary by City Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof upon the Agreement, the provisions hereof must be restored to their full original effect Demonstration of Good Faith Compliance 91 Review of Compliance In accordance with Government Code Section 65965 1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary of the Effective Date ( "Penodic Review'), the Director must review the extent of Vistamar's good faith substantial compliance with the terms and provisions of this Agreement as well as the performance by the City of its obligations under this Agreement 92 Good Faith Compliance During each Periodic Review, Vistamar must demonstrate by wntten status report that, during the preceding twelve (12) month period, that it -6 039 has been in good faith compliance with this Agreement For purposes of this Agreement, the phrase "good faith compliance" must mean that Vistamar has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with Vistamar's material obligations under this Agreement 93 Information to be Provided to Vistamar The City must deliver to Vistamar a copy of all staff reports prepared in connection with a Periodic Review, any prior staff reports generated during the review period, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review concurrently with delivery of the Request Notice, but in no event later than six (6) business days before the Director's submittal of a report setting forth his or her determination as to the results of the Periodic Review. Upon Vistamar's request, Vistamar must be given a full and adequate opportunity to be heard orally and in writing regarding its performance and, at its option, the City's performance under the Agreement before the completion of the Director's Periodic Review 94 Notice Of Non - Compliance; Cure Rights. If at the completion of any Periodic Review, the Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (i) Vistamar has not demonstrated that it is in good faith compliance with this Agreement, and (ii) that Vistamar is out of compliance with a specific substantive term or provision of this Agreement, then the Director may issue and deliver to Vistamar a written Notice of Violation as set forth in Section 11 1 below 95. Failure of Periodic Review The City's failure to review, at least annually, compliance by Vistamar with the terms and conditions of this Agreement must not constitute or be asserted by any Party as a breach by any other Party of this Agreement 10 Excusable Delays Performance by any Party of its obligations hereunder, other than payment of fees and other monetary assessments, must be excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as reasonably possible after the same has been ascertained For purposes hereof, Excusable Delay shall mean _fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control The term of this Agreement must be extended by any period of Excusable Delay 11. Default Provisions 11 1 Default Either party to this Agreement is deemed to have breached this Agreement if it materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation (the "Notice of Violation ") from the non - breaching party to the breaching party, which period of time must not be less than ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice is deemed received, provided if the breaching party cannot reasonably cure a non - monetary breach within the time set forth in the notice, then the breaching party must not be in default if it commences to cure the breach within such time limit and diligently effects such cure thereafter If the City determines to proceed with termination of this Agreement, the -7- 040 City must given written notice to Vistamar of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code Sections 65867 and 65868 At the time and place set for the hearing on termination, Vistamar must be given an opportunity to be heard. If the Council finds based upon the evidence that Vistamar is in breach of the Agreement, the Council may modify or terminate this Agreement. 112 Content of Notice of Violation Every Notice of Violation must state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, (including references to the pertinent provisions of this Agreement and Applicable Rules), the portion of the Property involved, and the manner in which the breach may be satisfactorily cured The notice must be deemed given on the date that it is personally delivered or on the date that is three (3) business days after it is deposited in the United States mail, in accordance with Section 19 hereof 12 Mortgagee Protection If during the term of this Agreement, Vistamar becomes the owner of the Property, this Agreement must not prevent or limit Vistamar, in any manner, at Vistamar's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain Agreement interpretations and agrees, upon request, from time to time, to meet with Vistamar and representatives of such lender(s) to provide within a reasonable time period the City's response to such requested interpretations. The City will not unreasonably withhold its consent to any such requested interpretation, provided that such interpretation is consistent with the intent and purposes of this Agreement Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at a,judicial or non - judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure on the Property must be entitled to the following rights and privileges 121 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement must defeat, render invalid, diminish, or impair the priority of the lien of any mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee must have an obligation or duty under this Agreement to perform Vistamar's obligations, or to guarantee such performance, before taking title to all or a portion of the Property 12.2 Request for Notice to Mortgagee The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, must be entitled to receive a copy of any Notice of Violation delivered to Vistamar 123 Mortgagee's Time to Cure. The City must provide a copy of any Notice of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to Vistamar The Mortgagee must have the right, but not the obligation, to cure the default for a period of thirty (30) days after receipt of such Notice of Violation Notwithstanding the foregoing, if such default must be a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee must have until thirty (30) days after the date of obtaining such possession to cure or, -8- 041 if such default cannot reasonably be cured within such period, to commence to cure such default, provided that such default is cured no later than one (1) year after Mortgagee obtains such possession 124 Cure Rights. Any Mortgagee who takes title to all of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, must succeed to the rights and obligations of Vistamar under this Agreement as to the Property or portion thereof so acquired, provided, however, in no event must such Mortgagee be liable for any defaults or monetary obligations of Vistamar arising before acquisition of title to the Property by such Mortgagee, except that any such Mortgagee must not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary or nonmonetary obligations due under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been satisfied. 125 Bankruptcv If any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceedings involving Vistamar, the times specified in Section 12.3 above must be extended for the period of the prohibition, except that any such extension must not extend the term of this Agreement 126 Disaffirmation If this Agreement is terminated as to any portion of the Property by reason of (i) any default or (u) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for Vistamar or its property, the City, if requested by any Mortgagee, must negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section. 13 Estoppel Certificate. At any time and from time to time, any Vistamar agent may deliver written notice to City and City may deliver written notice to Vistamar requesting that such party certify in writing that, to the knowledge of the certified Party (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach The Party receiving such a request must execute and return the certificate within thirty (30) days following receipt of the notice The failure of the City to deliver such a written notice within such time must constitute a conclusive presumption against the City that, except as may be represented by Vistamar, this Agreement is in full force and effect without modification, and that there are no uncured defaults in the performance of Vistamar The Director must be authorized to execute, on behalf of the City, any Estoppel Certificate requested by Vistamar City acknowledges that a certificate may be relied upon by successors in interest to Vistamar who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Vistamar has a legal interest 14 Administration of Agreement In 0 42 141 Appeal of Staff Determinations Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Vistamar pursuant to the El Segundo Municipal Code Vistamar must not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section 14 2. Operating Memoranda The provisions of this Agreement require a close degree of cooperation between City and Vistamar During the Term of this Agreement, clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the details of performance of City and Vistamar If and when, from time to time, during the term of this Agreement, City and Vistamar agree that such clarifications are necessary or appropriate, they must effectuate such clarification through operating memoranda approved in writing by City and Vistamar, which, after execution, must be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by City and Vistamar Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a Mayor Modification to the Project but are mere ministerial clarifications, therefore public notices and hearings must not be required. The city manager, or designee, is authorized to execute such operating memoranda without further City Council action 14 3. Certificate of Performance. Upon the completion of the Project, or upon performance of this Agreement or its earlier revocation and termination, the City must provide Vistamar, upon Vistamar's request, with a statement ( "Certificate of Performance ") evidencing said completion or revocation and the release of Vistamar from further obligations hereunder, except for any ongoing obligations hereunder. The Certificate of Performance must be signed by the appropriate agents of Vistamar and the City and must be recorded in the official records of Los Angeles County, California Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093 15. Amendment or Termination by Mutual Consent Except as otherwise set forth herein, this Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and Vistamar, and upon compliance with the provisions of Government Code Section 65867 16 Indemnification/Defense 16.1. Indemnification, Vistamar 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 this Agreement. 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 this Agreement, Vistamar 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 Vistamar is not liable for property damage or bodily injury to the extent occasioned by the active negligence of City or its agents or employees. -10- low" 17 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element. 18 Effective Date This Agreement must become operative on the date the Enabling Ordinance becomes effective (the `Effective Date ") pursuant to Government Code Section 36937 19 Notices. All notices and other communications given pursuant to this Agreement must be in writing and must be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the following addresses: If to City: City of El Segundo 350 Main Street El Segundo, CA 90245 Attention City Clerk With a Copy to City of El Segundo 350 Main Street El Segundo, CA 90245 Attention- Planning and Building Safety Director If to Vistamar Vistamar School 737 Hawaii Street El Segundo, CA 90245 Attention Jean Campbell With a Copy to Armbruster & Goldsmith LLP 10940 Wilshire Boulevard Suite 2100 Los Angeles, CA 90024 Attention- Dale J Goldsmith, Esq or A J Jarasunas, Esq Any Party may, from time to time, by written notice to the other, designate a different address which must be substituted for the one above specified 20 Entire Agreement This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein This Agreement must not be amended, except as expressly provided herein 21 Waiver. No waiver of any provision of this Agreement constitutes a waiver of any other provision, whether or not similar, nor must any such waiver constitute a continuing or subsequent waiver of the same provision No waiver is be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 11- 044 22 Severability. If any provision of this Agreement is determined by a court of competent ,jurisdiction to be invalid or unenforceable, the remainder of this Agreement is effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement 23 Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Party in any respect Nothing contained herein or in any document executed in connection herewith must be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Vistamar, jointly or severally 24 No Thud Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest No other person or party has any right of action based upon any provision of this Agreement 25 Recordation of Agreement and Amendments. This Agreement and any amendment thereof must be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City 26. Cooperation Between City and Vistamar City and Vistamar must execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry out the purposes of this Agreement Upon satisfactory performance by Vistamar, and subject to the continuing cooperation of Vistamar, City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and development of the Project or Property in accordance with the terms of this Agreement. 27 Rules of Construction The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they must not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provisions of this Agreement must prevail over the Project Approvals 28. Joint Preparation This Agreement must be deemed to have been prepared jointly and equally by the Parties, and it must not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared 29 Governing Law and Venue This Agreement is made, entered into, and executed in the County of Los Angeles, California, and the laws of the State of California must govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement must be filed in the appropriate court having jurisdiction in the County of Los Angeles 31 Counterparts This Agreement may be executed in multiple counterparts, each of which must be deemed an original, but all of which constitute one and the same instrument 32 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained must be deemed to be a gift or dedication of the Property, or of the Project, or any -12- 04J portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property Vistamar must have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose which is not consistent with the development of the Project -13- 0 4 G IN WITNESS WHEREOF, Vistamar and City of El Segundo have executed this Development Agreement on the date first above written. ATTEST City Clerk APPROVED AS TO FORM MARK D. HENSLEY, City Attorney Im Karl H Berger, Assistant City Attorney CITY CITY OF EL SEGUNDO, a municipal corporation Mayor VISTAMAR Vistamar School, a California non - profit corporation By:_ Its By Its �As 047 EXHIBIT A PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THE SOUTHEASTERLY 153.00 FEET OF LOT 28, AND ALL OF LOT 20 TRACT 26557, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID TRACT NO 26557, IN A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS ESTABLISHED BY U S COAST AND GEODETIC SURVEY BENCH MARKS ALONG THE SHORELINE) EXCEPT ALL OIL, GAS, ASPHATUM AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFID OR NOT, WITHIN OR THAT MAYBE PRODUCED FROM SAID LAND, PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTRUBED IN ANY MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN THE DEED FORM STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO 1622 IN BOOK D1069 PAGE 898, OFFICIAL RECORDS. -15- 048 EXHIBIT B Recording Requested By and When Recorded Mail To Armbruster & Goldsmith LLP 10940 Wilshire Boulevard, Suite 2100 Los Angeles, California 90024 Atm. Dale Goldsmith, Esq. ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement ") is made and entered into by and between VISTAMAR SCHOOL, a California non -profit corporation ( "Assignor "), and RECITALS ( "Assignee ") A The City of El Segundo ( "City ") and Assignor entered into that certain Development Agreement dated 2005 (the "Development Agreement "), with respect to the real property located in the City of El Segundo, State of California more particularly described in Exhibit "A" attached hereto (the "Project Site "), and B Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of a Conditional Use Permit for the Project Site (collectively, the "Project Approvals ") C Assignor intends to sell, and Assignee intends to purchase the Project Site. D In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site THEREFORE, the parties agree as follows 1 Assignment Assignor hereby assigns and transfers to Assignee all of Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site Assignee hereby accepts such assignment from Assignor. 2 Assumption Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site, including but not limited to those obligations specifically allocated to the Project Site as set forth on Exhibit "C" attached hereto 16- 04J 3. Effective Date. The execution by City of the attached receipt for this Agreement must be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein This Agreement must be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Transferred Property IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below Date- "ASSIGNOR' VISTAMAR SCHOOL, a California non -profit corporation By: Its. "ASSIGNEE" Date. By. Its- -17- 050 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this _ day of CITY OF EL SEGUNDO 0 Planning Director 18- 051 STATE OF CALIFORNIA ) ) SS COUNTY OF ) On 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature (Seal) STATE OF CALIFORNIA ) ) SS COUNTY OF ) On 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal -19- U52 EXHIBIT "C" DEVELOPMENT FEE SCHEDULE City of El Segundo Fees: Police Service Mitigation Fee Fire Service Mitigation Fee Library Service Mitigation Fee 4. Traffic Mitigation Fee $0 11 per gross floor area $0 14 per gross floor area $0 03 per gross floor area Per City Council Resolution No. 3969 adopted May 21, 1996 Water Meter Installation Fees Per Title 14 of El Segundo Municipal Code -20- OJ Square Feet: Business License Tax: Sales Tax: Use Tax: Utility Tax: Property Tax: Annual Total: EXHIBIT "D" Public Benefit Calculation Worksheet 75,640 First ten employees /5,000 sf $ 70,570 SF @ 21 /sf 141 employees @ $109 /employees ( *) Would be subject to paying Would be subject to paying Would be subject to paying Would be subject to paying Total Public Benefit over 10 years ( * *): (To be paid upon issuance of certificate of occupancy) Total Public Benefit over 20 years ( * *): Difference to be paid in year 11 ( * * *) Notes: 0000 14,834.40 15,369 00 $30,20340 $ 185,586.82 $ 257,138.57 $ 71,551.75 ( *) After the initial ten employees, the square footage per employee is based on the parking on site, which is approximately 2 spaces per 1,000 square feet ( * *) Net present value was computed using a discount rate of 10% ( * * *) The Public Benefit Calculation was originally discussed as the present value of 20 years of various business taxes, assuming Vistamar purchases a building in El Segundo However, V istamar is leasing 737 Hawaii for 10 years and will pay the 10 -year benefit upon occupancy by the school If Vistamar School continues to occupy the building after the expiration of the initial 10 -year lease term, whether by lease extension or purchase, it will pay the balance of the benefit calculated over 20 years, or $71,551 75, to the City of El Segundo on the 10" anniversary of the issuance of a certificate of occupancy for the school at 737 Hawaii Street -21- 054 CITY COUNCIL ORDINANCE NO. Exhibit "B" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Vistamar School agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. 656, Conditional Use Permit No. 04 -6, and Development Agreement No 04 -1 ( "Project Conditions "). Zoning Conditions Before the City issues a budding permit, the applicant will submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the Planning and Building Safety Department Any subsequent modification to the project as approved will be referred to the Director of Planning and Budding Safety ( "Director') for a determination regarding the need for City Council review of the proposed modification 2 A ten -foot high masonry wall must be constructed extending 130 feet north from the southeast corner of the property along the east property line and extending 60 feet west from the southeast corner of the property along the south property line (Mitigation Measure 1) All potentially hazardous substances must be handled strictly in conformance with the American Chemical Society publication entitled "Chemical Safety for Teachers and Their Supervisors ", and any other governmental regulations for the storage, handling, and use of hazardous materials (Mitigation Measure 2) 4 The occupancy of the gymnasium is limited to a maximum of 450 persons at any time and may be utilized for events which involve only students and faculty of the school during normal school hours (7 30 a m to 3 00 p m ) on school days After the hours of 3 00 p m on school days and all day on non - school days, the gymnasium may be used for events and activities which are open to the general public (Mitigation Measure 3) Before the City issues a budding permit, the applicant must show the location of bicycle racks on the construction plans to accommodate a minimum of five bicycles The bicycle racks must be well -lit and must be installed before the issuance of a Certificate of Occupancy for the first phase of construction Public Safety Conditions 6 Before the City issues a building permit, the plans must be revised to provide a gate with crash bars connecting the west side of the building and the west property line 053 and a gate with crash bars connecting the south side of the building and the south property line to discourage loitering in the west side and the rear yard setbacks Before the City issues a budding permit, the applicant must provide a landscape and irrigation plan for review and approval by the Director of Planning and Budding Safety that depicts dense shrubbery between the parking lot at the northwest corner of the property and outdoor dining area in front of the budding to separate the two areas 8 Before building permits are issued, the applicant must indicate on the floor plans the location of a site directory near the main entrance to the building displaying a diagrammatic representation of the school facilities The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the first phase 9 Before budding plans are issued, the plans must be revised to provide signage on the exterior of the budding identifying the location of the gymnasium, library and cafeteria Signage lettering must be a minimum of four inches in height and of contrasting color to the budding, The place and manner of signage is subject to review and approval by the Police Department and must be installed before the City issues a Certificate of Occupancy for the phase of work that the room is included within 10 Before budding permits are issued, the applicant must show on the budding plans that the trash storage area will be completely enclosed Lighting must be provided directly over or adjacent to the trash enclosure area 11 A minimum of one footcandle of light on the ground surfaces must be provided during hours of darkness Passageways and recesses related to and within all sides of the complex, must be illuminated with a maintained minimum of 25- 50 footcandles during hours of darkness Lighting devices must be enclosed and protected by weather and vandal resistant covers 12 Before building permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval The photometric study must be point -by -point and include the light loss factor (0 7) Lighting levels must be adjusted accordingly to meet the minimum footcandle requirements within each area of the project 13 Street and unit addressing must be a minimum of four to six inches high, of contrasting color to the background and illuminated during hours of darkness 14 Before the City issues a Certificate of Occupancy or approves each phase of construction for each phase of construction, the applicant must provide a set of as- built construction plans (site plans, floor plans, and elevations) to the Police Department 056 15 The tables, chairs, and umbrellas in the outdoor dining area in the front of the budding must comply with ESMC § 15 -2 -16 and must be brought inside the building after school hours or permanently affixed to the ground 16 Before the City issues a building permit, the floor plans must be revised to relocate the security office to a location adjacent to the main entrance of the budding, subject to the review and approval of the Director of Planning and Building Safety and Chief of Police The security office must be constructed before the City issues a Certificate of Occupancy for the first phase of construction Budding Safety 17 Before the City issues a budding permit, plans must show conformance with the 2001 California Budding, Mechanical, Electrical, Fire, Plumbing, and Energy Codes 18 Before the City issues a budding permit, separate Plumbing, Mechanical, and Electrical plans will be submitted for plan check Fire Conditions 19 If school meals are prepared on -site, an appropriate wastewater interceptor, subject to review and approval by the Planning and Building Safety Department and Fire Department, must be installed in the sewer line 20 Before the City issues a budding permit, the construction plans must include appropriate ventilation hoods in the science laboratory classrooms, subject to review and approval of the Fire Department Ventilation hoods must be installed before issuance of a Certificate of Occupancy for each phase in which science laboratory classrooms that require ventilation hoods are included 21 The applicant must provide a chemical inventory and emergency plan for review and approval by the Fire Department if chemical storage on site would be in quantities greater than 55 gallons, 500 pounds, or 200 cubic feet The applicant must consult with the Fire Department on the storage and handling of chemicals in quantities less than described above 22 Before building permits are issued, the applicant must develop plans, which identify fire protection, notification, detection and access provisions and mechanisms for their testing and maintenance Public Works 23 Any existing driveways to be abandoned must be removed and the parkway reconstructed with full height curb and sidewalk improvements 24 Any work or encroachment in the public right -of -way must have a Public Works Permit 05; Service Fees 25 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time library services mitigation fee of $0 03 per gross square foot of budding floor area 26 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time fire services fee of $0.14 per gross square foot of budding floor area 27 Before the City issues a Certificate of Occupancy, the applicant must pay a one- time police services mitigation fee of $0 11 cents per gross square foot of budding floor area 28 Before budding permits are issued, the applicant must pay the required sewer connection fees (as outlined in ESN1C Chapter 12 -3) if the development requires a new sewer connection Miscellaneous Conditions 29 The applicant will ensure that water service connections are sized for the expected water usage increase as a result of the new development 30 If any asbestos or lead -based paint is discovered during demolition and construction, analysis and removal must be performed in conformance with federal, state and local regulations 31 All activities associated with asbestos must be conducted under the direct supervision of a certified asbestos consultant 32 Demolition of structures that have asbestos containing materials (ACM) must comply with the South Coast Air Quality Management District ( "SCAQMD ") Rule 1403 - Asbestos Emissions from Demolition /Renovation Activities 33 During construction and operations, all waste must be disposed of in accordance with all applicable laws and regulations Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler 34 All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all applicable laws and regulations to prevent contaminated sod on paved surfaces that can be washed away into the storm drains 35. If materials spills occur, they will be cleaned up in a way that will not affect the storm drain system 36 The project must comply with ESMC Chapters 5 -4 and 5 -7, which establish storm water and urban pollution controls. 4 0 58 37 Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting 38 Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been Implemented to reduce pollutant loadings Identified In the Storm Water Prevention Plan 39 Vistamar School agrees to Indemnify and hold the City harmless from and against any claim, action, damages, costs (Including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 656, Conditional Use Permit No. 04 -6, and Development Agreement No 04 -1 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, Vistamar School agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Vistamar School certifies that he has read, understood, and agrees to the Project Conditions listed in this document Jean Campbell, Vistamar School (If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P Tlammng & Building Satety\Projects\651- 675\656T -A -656 Ord doc 05,13 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: February 24, 2005 SUBJECT: Environmental Assessment No. 656, Development Agreement No. 04 -1 and Conditional Use Permit No. 04 -6 APPLICANT: Vistamar School PROPERTY OWNER: Leyton Belling & Associates REQUEST: New Private High School in an Existing 75,640 Square Foot Industrial Building PROPERTY INVOLVED: 737 Hawaii Street I. Introduction The proposed project is a new private high school, The school would be located in an approximately 75,640 square -foot existing budding in the Light Industrial (M -1) Zone at 737 Hawaii Street The budding will be refurbished and reconfigured to provide the school with a one -story (30 -foot) budding containing approximately 75,640 gross square feet The project includes a Conditional Use Permit (CUP) and a Development Agreement II. Recommendation Planning staff recommends that the Planning Commission hold a public hearing, consider the evidence received during the public hearing, and adopt Resolution No 2580 (Exhibit A) recommending that the City Council approve Environmental Assessment No 656, Development Agreement No 04 -1 and Conditional Use Permit No 04 -6 III. Proiect Description The proposed project is a new private high school (grades 9 through 12) The school will include 22 classrooms, which will include 15 standard classrooms, 4 science labs, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student - serving areas such as a library, cafeteria, gymnasium, student center as well as other ancillary areas for administrative offices /services and storage While the plans show a cafeteria, there will be no C,6u kitchen or on -site preparation of food The school would use a catering service to bring meals to the school on a daily basis The proposed protect will provide 157 spaces of onsite parking This exceeds the ESMC requirements of 154 parking spaces (i e 7 spaces per classroom for 22 classrooms) The parking lot will be reconfigured to create on -site circulation to facilitate a student drop -off area, additional landscaping, and looped fire access lane The campus will provide approximately 14,130 square feet of landscaped areas as well as 62,690 square feet of hardscaped areas, which includes the parking areas The school plans to operate on a typical school year schedule from Labor Day in September to mid -June Normal school hours would be from 7 30 am to 3 00 p m There would be extracurricular activities that would also take place after 3 00 p m Summer school activities would be offered as well as other community uses of the school's facilities Exhibit B provides the applicant's clarification of these potential community uses The school will have a gymnasium, but many of the athletic and physical educational requirements of the students will occur at off -site facilities throughout the surrounding communities Exhibit C describes the applicant's proposed sports programs The construction of the tenant improvements will be implemented in two or three phases During the 2005/2006 school year, beginning in September 2005, only seven classrooms and some of the ancillary uses for approximately 120 students would be constructed The enrollment would consist of approximately 90 freshman and 30 sophomore students The construction schedule anticipates that tenant improvements for the first year students would occur between March and September 2005 in the front one -third of the building The gymnasium would not be included in the first phase of construction Sufficient parking to accommodate the seven classrooms would be provided on -site During the 2005/2006 school year and possibly during the 2006/2007 school year, tenant improvements would continue in the rear two - thirds of the budding to complete the full buddout of the school facilities The length of the construction schedule and phasing is dependent on the school's fund raising capabilities Upon completion of the facilities for the 2006/2007 or 2007/2008 school year, the school could provide enrollment up to its projected capacity of 400 students However, regardless of the construction schedule, Vistamar School anticipates phasing in the full student enrollment over a four year period, reaching its full enrollment no later than the 2008/2009 school year The applicant also proposes to provide seismic upgrades to the existing building as part of the renovation project The seismic upgrades are ministerial actions by the City, not requiring City Council approval There will be minor changes to the exterior of the budding A number of clerestory windows would be installed on the roof to bring natural lighting into the corridors of the budding 2 06t IV A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone Section 15 -5A -2 of the ESMC lists schools as a permitted use in the C -RS Zone Background The site was previously used by Xerox Corporation and then DirecTV for various industrial, warehouse and office functions There are no entitlements in place for any other future development on the site Site Description and Surrounding Land Uses The location of the proposed project is in the southeast corner of the City within an industrial area featuring predominantly light industrial, office, and warehouse buildings There is a self- storage facility, Southern California Edison power lines, and Metro Greenline tracks to the south and west of the project site Further south is a hotel, offices and restaurants in Continental Park There is a parking lot and residential uses to the east, and light industrial uses to the north and west of the project site broken down as the following- The proposed school would include a gymnasium as part of the full bwldout of the facility According to the application, there could be some sporting events conducted in the gymnasium after school hours that would be open to the public The school is proposing to add bleacher style seating in the gymnasium to accommodate approximately 450 persons Staff is recommending a mitigation measure to limit the number of occupants to 450 and to prohibit all public events in the gym during normal school hours in order to ensure that adequate parking for the gymnasium is provided on site However, the gymnasium could be used for regular physical education classes during normal school hours since it would not increase parking demand when the students are using the facility Since most students and faculty would no longer be on -site after normal school hours there will be adequate on -site parking (157 spaces at full bwldout) to provide the required parking for the gymnasium based on the ESMC requirement of one parking space for each three fixed seats in the gymnasium 3 064 Land Use Zone North: light industrial M -1 South: storage, office ASP, MU -S East: light industrial, parking, residential M -1, R -1 (Hawthorne) West: light industrial, storage, office M -1, ASP, MU -S The proposed school would include a gymnasium as part of the full bwldout of the facility According to the application, there could be some sporting events conducted in the gymnasium after school hours that would be open to the public The school is proposing to add bleacher style seating in the gymnasium to accommodate approximately 450 persons Staff is recommending a mitigation measure to limit the number of occupants to 450 and to prohibit all public events in the gym during normal school hours in order to ensure that adequate parking for the gymnasium is provided on site However, the gymnasium could be used for regular physical education classes during normal school hours since it would not increase parking demand when the students are using the facility Since most students and faculty would no longer be on -site after normal school hours there will be adequate on -site parking (157 spaces at full bwldout) to provide the required parking for the gymnasium based on the ESMC requirement of one parking space for each three fixed seats in the gymnasium 3 064 V. Analysis General Plan Consistency The El Segundo General Plan land use designation for the proposed school is Light Industrial This designation is intended for manufacturing and industrial uses that were located on the subject properties The proposed project would contribute to the implementation of Economic Development Element policies by adding a school which will help meet the diverse needs of the City's business and residential communities (Policy E01- 2 1) and promote a better quality of life (ED1 -2 2) by providing additional educational opportunities within the City for its residents The proposed public benefit contribution in the Development Agreement would ensure revenues from the property were maintained (ED 2 -1 2) The project is consistent with Land Use Element Objective LU5 -3 and Policy LU5 -3 1 to revitalize industrial properties through combined efforts of the private and public sector and to upgrade site deficiencies such as landscaping and parking The proposed project will add landscaping to the site and renovate the building and surface parking areas, The applicant intends to provide seismic upgrades to the budding as part of the renovations to ensure public safety (Public Safety Element Goal PS2) Zoning Consistency The following table compares the proposed site development standards to the M -1 Zone. Side (west) 15' min 9' -11" (existing budding is legal nonconforming) 4 0631 M -1 ZONE PROPOSED REQUIREMENTS STANDARDS PROJECT Building Area 0 6 FAR 0 5 FAR Lot Area 10,000 s f min 152,460 s f Street Frontage 100' min 380' Building Height 200' max 30' max Setbacks Front 25' min 35' -2" Side (west) 15' min 9' -11" (existing budding is legal nonconforming) 4 0631 (east) Rear Landscaping a) Vehicular - Use Area b) Budding - perimeter c) Property perimeter Parking Spaces (first year) (full buildout) Development Agreement M -1 ZONE PROPOSED STANDARDS PROJECT 15' min 114' min 10' min 10' 5% of VUA 162% 5' min 0' to 5' (existing budding is legal nonconforming) Fully Landscaped partially landscaped (legal nonconforming) 7 per classroom 8 classrooms =56 79 spaces 22 classrooms= 154 157 spaces The proposed Development Agreement would be effective for ten years with an option to extend for an additional ten years The Agreement would require the applicant to make a public benefit contribution to the City in an amount approximately equal to the business license taxes that would be generated by the property over the next ten years if it were occupied by a tax paying business instead of a tax - exempt non - profit organization Exhibit D of the Development Agreement (Attached to Exhibit A of this Report) provides the calculations to derive the initial lump sum payment of $185,586 82 to be paid to the City This represents the approximate net present value of ten years worth of business license fees If Vistamar School renews its ten -year lease on the property, it would also then have to make an additional $71,551 75 payment to the City in the eleventh year of operation which represents the net present value of the next ten years worth of business license fees that the City would have foregone by permitting a tax - exempt school from occupying an industrial budding in the City Development Agreement Findings 1 The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan In addition, the Development Agreement would provide the following public benefits in exchange for valuable development rights (ten -year entitlement) (a) A public benefit contribution of $185,586 82 to replace the business license taxes that would have been paid by a non - tax - exempt 5 016i business that might have occupied the building for the next ten years (b) If the option to extend the Agreement is exercised, a public benefit contribution of $71,551 75 to replace the business license taxes that would have been paid by a non - tax - exempt business (c) Development of a project that is consistent with the elements of the General Plan (d) Contribution of approximately $21,179 in police, fire, and library mitigation fees to offset the impacts of the project on public services The finding above and four additional findings are provided in draft Resolution No 2580 (Exhibit A) Conditional Use Permit Criteria In accordance with Section 15 -23 -6 of the ESMC, the Planning Commission may grant a Conditional Use Permit if it determines that all the following findings can be met 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The proposed site for Vistamar School is currently zoned Light Industrial (M -1) The M -1 Zone conditionally permits uses that are allowed within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of the ESMC Furthermore, the proposed location is in accord with the purposes of the M -1 Zone. Although the M -1 Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, companies or business firms, the M -1 Zone also is intended to accommodate, with appropriate conditions, C -RS Zone uses which include a wider variety of commercial retail- service uses and schools in particular The proposed school is compatible with the surrounding uses, will meet all the development standards in the M -1 Zone, and is consistent with the General Plan policies described in Section V above 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 065 6 The proposed location of the conditional use is within a light industrial area predominantly featuring parking and commercial buildings with light industrial and office uses inside The location of a private high school near such uses is minimally impactful on the operations of such uses Appropriate conditions for development and operations have been established to ensure such compatibility As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity 3. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -27 of the since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements As described and analyzed above, staff thinks that there is adequate evidence to support the three required Conditional Use Permit findings, if the proposed conditions of approval are adopted The Planning Commission may consider and impose additional conditions, which it deems necessary, in order to meet the required conditional use permit findings Staff also recommends that project be required to pay the standard police, fire, and library service mitigation fees While these fees are most often applied to new construction projects, staff thinks the fees, which would total $21,179, are warranted for this project to help offset the affects of the change in use of the budding from a lower intensity warehouse use to a use that will likely generate greater demands on public services VI. Inter - Departmental Comments Staff has provided a summary of the interdepartmental comments received on the project The full comments are attached as Exhibit D The applicant also provided responses to these comments which are attached as Exhibit E INTERDEPARTMENTAL COMMENTS DEPARTMENT COMMENT The Recreation and Parks Department commented that there were no trees in the public right -of -way that would Recreation and Parks be impacted and questioned the type of sports /recreational activities that would be offered by the school, and the use of City and Wiseburn School District facilities for their recreational needs 7 06ti DEPARTMENT COMMENT The Police Department provided comments related to exterior and interior security concerns Exterior concerns included parking lot security and fencing, bike racks, Police lunch area furniture, lighting, signage, and loitering Interior concerns include the location of the security office, interior budding layout, restroom access, and security cameras The Fire Department indicated concern with absence of a fire access lane, asbestos in the building, the proximity of Fire the H Kramer and Company property, and sewer impacts from on -site food preparation Recreation and Parks In response to the comments from the Recreation and Parks Department, the applicant has indicated that the school does not intend to use City of El Segundo recreational facilities for its students Due to the high demand for the use of City facilities by existing programs and activities, it is unlikely that the City would be able to accommodate any recreational needs of the school School representatives have indicated to staff that they are in discussions with the Wiseburn School District and other organizations for the use of other recreation and athletic facilities for the students Police Department In response to the Police Departments comments regarding the exterior of the building, staff has added conditions of approval to draft Resolution No. 2580 to address concerns regarding fencing on the west and south side of the budding, bicycle racks, exterior lighting, signage, addressing, site directory, and the trash dumpster Comment No 2 requests the removal of seating, however, the site plan does not depict a seating area in the landscape area within the parking lot on the east side of the budding Planning staff has added a condition to require shrubbery between the parking lot at the northwest corner of the property and outdoor dining area in front of the building to separate the two areas (Comment No 3) Planning staff does not recommend requiring fencing along the entire front of the school (Comment No 4) for aesthetics reasons Planning staff has added a condition to require that the portable tables, chairs, and umbrellas are either bolted to the ground as recommended by the Police Department (Comment No 5) or that they are brought inside the building after school hours Planning staff has ensured that the condition is consistent with ESMC § 15 -2 -16 With regard to the comments related to the interior of the budding staff concurs that the security office should be located nearer to the main entrance of the school (Comment No 1) and has added a condition of approval for the office to a 06i be relocated Staff believes the project should not be redesigned to address the access concerns expressed in Comment No 2 However, Planning staff has added a condition of approval requiring the applicant to provide as -built floor plans to the Police Department upon completion of each phase of construction for the Police Departments use in case of emergencies Additionally, Planning staff thinks that removing the secondary doors to the bathrooms near the administration office (Comment No 3) should not be required due to privacy concerns for the occupants of the restrooms Fire Department The Fire Department's comments related to fire access lanes were based on the initial submittal of plans Since the rear of the budding is more than 150 feet from the street, a fire access lane is required for fire apparatus to access the rear of the property. When the budding was occupied by Xerox Corporation, a fire access lane exited onto the property to the east of the site Now that the budding is under different ownership, that through access lane has become unusable Based on the Fire Department's comments, the applicant has revised the site plan to incorporate a looped fire access lane through the parking lot on the east side of the budding This resulted in a shortening of the student drop -off area from approximately 133 feet to the 41 feet depicted on the revised plans The revised plan still meets the minimum parking and landscaping requirements for the project In response to the Fire Department's comments regarding asbestos, the Initial Study of Environmental Impacts (Exhibit G, Page 12) states that an asbestos survey conducted in 1999 determined that there was no asbestos containing materials in the budding Staff has added a condition of approval to require ventilation hoods and chemical inventory plans as recommended by the Fire Department The H Kramer and Company property referred to by the Fire Department is a vacant lot, formerly used as a brass foundry It is located west of Douglas Street approximately one -half mile northwest of the project site The Kramer property includes a remediation cap for sod and ground water contamination. The Los Angeles Regional Water Quality Control Board issued a site closure letter in 1991 indicating the site no longer posed a risk after the remediation was completed There is no basis in the record to conclude that there would be any risk to the subject property from previous activities on the Kramer property As indicated earlier, Vistamar School will not be preparing meals on -site for school lunches A catering service will bring meals to the school on a daily basis Consequently, there will not be food production uses which would increase the load on the sewer system in the area Planning staff has added a condition to require a wastewater interceptor if the school changes its intended operation and begins to prepare meals on -site Health Department approval would also be required for any on -site food production, 9 068 VII. PUBLIC COMMENTS The El Segundo School Board submitted a letter to the City (Exhibit F) expressing its concern with a number of issues related to the establishment of a private high school within El Segundo It is staff's opinion that many of the important issues raised by the letter require careful consideration by the City Council as decision makers, but are not land use issues that are within the jurisdiction of the Planning Commission when reviewing Conditional Use Permit and Development Agreement applications Issues involving the potential perceived loss of confidence in the El Segundo Unified School District, the impact on test scores, and perceived loss of private contributions as a result of a private high school locating in El Segundo are not land use issues The applicant submitted a letter responding to these concerns, which is attached as Exhibit G The El Segundo Unified School District also raised a concern about the land use compatibility of the proposed school location in a light industrial area of the City which is also separated from the residential area of the City Staff thinks the location is compatible with the zoning and surrounding uses The area contains a mixture of offices, light industrial and research and development use There are also residential and educational uses within one - quarter mile to the east of the site in the City of Hawthorne. There is a Bright Horizons day care center already located in the M -1 Zone at the intersection of El Segundo Boulevard and Douglas Street which has operated for several years in harmony with the office and industrial uses in the area By allowing schools with a conditional use permit in the M -1 Zone, the El Segundo Municipal Code acknowledges that such a school uses can be compatible with the zoning based on a case -by -case evaluation of the setting and operations of the facility Based on staffs review of the application and plans for the Vistamar School, staff does not foresee traffic, pedestrian, noise or other impacts from neighboring uses which would lead staff to conclude that the school would be incompatible with the existing surrounding uses Vlll. Environmental Review The proposed project has been analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts (Exhibit H) was prepared pursuant to Public Resources Code § 15063 (the California Environmental Quality Act) A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to CEQA § 15070 The draft Mitigated Negative Declaration includes mitigation measures requiring a 10 foot high masonry wall in the southeast corner of the property, laboratory chemical handling in conformance with guidelines published by the American Chemical Society, and use restriction of the gymnasium to ensure adequate on -site parking is maintained 10 06J IX. Conclusion Staff recommends that the Planning Commission adopt Resolution No 2580 recommending that the City Council approve the proposed project X. Exhibits A mmi AV 19�) B. Applicant's Clarification of Community Uses of School Facilities C Applicant's Clarification of Sports Programs D. Interdepartmental Comments E Applicants Responses to Interdepartmental Comments F Letter from El Segundo Unified School District, dated January 18, 2005 G. Letter from Applicant, dated January 27, 2005 (with attachments) H PAeasaf-es) I Applications J Plans Prepared by Paul Garry, Senior Planner r, Kimberly Ch sti6nsen, AICP, Planning Manager Planning an Building Safety Department 2c� Seimone Jupis, i ctor Planning and Building Safety Department P \Planning & Building Safety\Projects \651- 675 \656 \EA -656 sr doc 11 G'i C EXHIBIT B CLARIFICATION OF COMMUNITY USE OF SCHOOL FACILITIES Independent schools in other communities often find ways to work within the community and to support the community We cannot predict in advance which activities will occur or be appropriate for Vistamar, but the list below summarizes activities which we are aware of in other independent schools and ways in which Vistamar might support the community in El Segundo * Summer programs We are likely to offer a summer study program with unusual or advanced courses available to students who do not have time to study these classes during the regular academic year, together with remedial courses, SAT prep, jazz bands and other art options, athletic programs, and intensive study skill programs Typically a quarter to a third of the student body will enroll in summer school, which means that these courses could also be made eligible to students not enrolled at Vistamar during the academic year, without having any affect or traffic patterns We would not exceed our regular academic year enrollment (in fact, it works better to keep it down in the summer so that required facilities maintenance can also be carried out ) * Community service will be a graduation requirement for students, and we expect that Vistamar students will be active in service programs ranging from performing concerts for local retirement homes to providing tutoring for children in after school programs Most of these activities will not take place at the Vistamar School; they might occur anywhere in the local area or neighboring communities as opportunities present themselves (We also expect to do some community service work overseas ) * Clubs and Activities. Vistamar will offer a wide range of after school clubs and activities and some, such as orchestra,) azz bands, or drama programs In some cases a student who has a specialized expertise (eg., alazz bass player) from another school might be added to an after school program This would be unlikely to be high volume (In another local school which occasionally permits this, there were a half dozen such cases in 15 years) * Arts Council The school is setting up an Arts Council to actively seek out cultural events and small performances that Vistamar will sponsor, and many of these can occur cooperatively with local public schools. This might involve sharing with another organization the costs of hiring an outside group to perform at a local site, with Vistamar students attending at that site Alternatively we have in the past hired speakers, not affordable alone by either school, who would be willing to accept a fee shared by more than one school and speak at both in one trip For smaller and more specialized activities, it might be possible to bring in a concert artist to perform a master class, bringing in a movement specialist, or setting up a debate for a grade -level meeting It might also include small or experimental arts events, operating on low- budget, that can use Vistamar facilities in the evening * Community access Our school will have classrooms and meeting spaces that can be used for community events such as 12 -step programs, local non - profit cultural or other groups Many schools make their facilities available at low cost (or in some cases at no cost) to small groups ranging from AA meetings to Astronomy societies * Educational options Certain unusual or advanced courses such as Mandarin Chinese or advanced Latin - American History and Culture (taught in Spanish) can be made be available for 071 students at local public schools This is also not an option which would occur frequently, but in our experience independent schools have occasionally provided an unusual course (such as Advanced Music Theory, for example) for a home - school student with a special interest In Vistamar's case, there will be a few very unusual options that could potentially attract students as an elective and we would be open to this * Teacher training Vistamar will be bringing in outside speakers and educators to provide teacher training for its employees, and can make these opportunities open to educators in the local public school districts 07 EXHIBIT C CLARIFICATION OF SPORTS PROGRAM Vistamar School will require that all students participate in either a sport or a physical activity before or after school, throughout the year Some of these will be conventional sports such as cross - country, tennis, volleyball, water polo basketball, soccer, baseball, softball, lacrosse, or golf Others will be fitness activities such as dance, yoga, pilates, developmental swimming or martial arts Fitness options will also be available during the extended lunch period Because Vistamar does not have a field or pool, most of our students will be carrying out these activities at sites off campus Also, in some cases, we will give credit for students who participate in serious athletic activities (e g , club sports, ballet, gymnastics) with organizations not affiliated with Vistamar Students will also be engaged in arts options, including music, drama, speech and debate, and other activities, some at Vistamar and some at off campus sites Also, all students will have a requirement for community service, most of which will be performed off campus Because of this unusually wide range of required activities, the number of students available to attend any particular sporting or other event as participants is necessarily reduced, because the school is small and on any given day the great majority of students will be participants rather than spectators We will ,loin CIF in some sports, and others we will play on an intramural basis We would anticipate that the parents and friends of the students who are playing would want to attend home games as spectators, but we do not anticipate much community interest (We will be classified by CIF as a Division IV or Division V school, and we will be playing other small schools) It is our experience that games in smaller private schools are sparsely attended In the same way, students involved in a debate performance orjazz band performance or other arts option might present their work to interested parents and friends after school, but we do not anticipate widespread community interest in high school performances and it is our experience from other private schools that such school -based activities, involving only a small fraction of the students in a grade, do not draw a large crowd Playoffs, which tymcally draw larger crowds, are not typically held at the home gym of either school Probably the activity most likely to be interesting to spectators would be Basketball, and it is offered in the Winter sports season, which is probably the season with fewest competing options However even in this season, we will offer Boys varsity and JV basketball, Girls varsity and TV basketball; Boys varsity and JV soccer, Girls varsity and JV soccer, plus the array of fitness electives and after school arts activities Assuming full basketball squads of 12 students, we would have no more than 48 students playing games in an afternoon, and these games would of course be staggered, with only one team playing at a time Soccer would attract more students but would occur off campus, and many of the other students might prefer one of the dozen or so non -sports options which will be offered, or might be off site performing community service To summarize Most of our sports options and some of our fitness options will be offered off - campus All of our athletic options will be offered after school hours, and at times when most other non - participating students are likely to be engaged in their own activities and hence not present as spectators, All our field sports will be off campus and many of our fitness activities will also be off campus We do anticipate having some spectators for events and home games held at school, and we would like to be able to seat them, eventually on portable bleachers, but we do not anticipate any times when Vistamar would attract spectators for an athletic or any Q'1 " J other performance event to the extent that we would have more people or cars on campus than we would during the day when class was in session On very raze occasions (for example Parent Back to School Night) we might wish to have students on campus in their classrooms and also to ask the parents to attend If that were to occur, we would be prepared to rent off -site parking and shuttle the parents in to the school o'r,t, EXHIBIT D ,roject will also be discussed at the Development Services Group (DSG) meeting on adnesday, February 2, 2005, at 2:00 PM, in the West Conference Room Please forward this information to your substitute in case you are not able to attend the meeting Attached for your review are the application, site plan, elevations and initial study of environmental impacts for the proposed project Please return this form, the plans and any comments you may have by 5 30 pm on Tuesday, February 1, 2005 Should you have any questions, please contact Paul Garry, Senior Planner, at extension 2342 COMMENTS: 'r'(1ti GtTf owNS rvo ?a,L,-, I i-,rCeS -r (1'iT writ (7G �,,.�acrt c( by J -,,,t5 ip fo je-� -r Zi'rine pro COS-e la ,�rcaP� wl� c.ln �s c..�� arable dra..��.r�s t�ci tale �(a ,rt r�d+er(al w tc1 [.t S Jo's Grt zone, 3� What- Yc��car�Aal fa��t�S w%�k ilne S- rjde-,jTS 6.e vStv4 pri,r To'Cll\e �4N2k5lavvx GJW�`7t2tlON 2 q)Wha+ 1-y pp o4 1-eaw% 5for-t51rGCwr6a +,o�ra( a�T ✓rues will tie ST��er.r c s lot o evc� by tke scl.,,so l ? t, so t j kere w" 11 5� �{aJG 8�'rar��ew.e.•7TS b�,•+ wla-d2 wti-ln. W�SBlouv'�u 5.1�.0�1 �tS'i7�'fG4 whwh I�aS a Sc-L,-oot ycYosS fi(n� St�rGLt Yo �d��l�tDtG SPcrt' mac.-C� ✓(TEES ? Reviewed By Signature and Title Date End Application, initial study, and plans 2 01715 EXHIBIT D City of Et Segundo Inter - Departmental Correspondence February 8, 2005 To: Seimone Jurps, Director, Planni g and Building Safety From: Jack Wayt, Chief of Police .9) \cASE-F Subject: Environmental Assessment No 656, Conditional Use Permit No 04 -6 And Development Agreement No 04 -1 Private High School (Vistamar School) 737 Hawaii Applicant Vistamar School CIO Jean Campbell Property Owners Leyton Belling & Associates The Police Department has reviewed the plans for 737 Hawaii, and returns them with the following comments and recommendations, By nature, schools, and high schools in particular, are unique communities that have their own issues and crimes that require police response In turn, schools also have an affect on the surrounding community (ex vandalism, theft, burglary, auto burglary, auto theft, loitering, etc ) Administration and staff have little or no visibility of the parking lot, dining areas and walkways. 1 Will there be adequate parking for the students, administration, staff, guest and visitors once the last phase of the project has been completed? 2 The seating area in the middle of the parking lot creates legitimate loitering for the students to mill around vehicles for the purpose of committing vandalism and theft These benches should be removed and the area landscaped with floral ground cover. 3 There should be some type of physical barrier between the parking spaces and the dinning area on the north side of the building 4 Fencing the entire exterior should be a consideration to limit the students from loitering around surrounding parking lots and businesses 5 The portable benches and chairs should be bolted to the ground to deter vandalism 6 The side yards along the south and north sides of the building should be fenced off to keep students from loitering in these concealed locations 7 Bike racks shall be located in a busy, well -lit location This will provide optimum security for persons and property 8 Street addressing shall be a minimum of 4 ", visible from the street, of contrasting color to the background and illuminated during hours of darkness 076 EA 656, CUP 04 -6 737 Hawaii / Police Recommendations Pagetwo 9 A site directory shall be placed by all main entrances (A site directory is a diagrammatic representation of the complex, which depicts the location of the viewer and the room designations within the school ) 10 The gymnasium, library and cafeteria shall be identified on the exterior of the budding, corresponding to their location The letters shall be a minimum of 4" high and of contrasting color to the background 11 Trash dumpsters shall be fully enclosed Fencing shall be locked and a wall pack or light standard directly over the dumpster This will provide maximum visibility when employees are taking out trash during hours of darkness 12 Lighting requirements The parking lots and all entry doors shall be illuminated with a maintained minimum of one footcandle of light on the ground surface during hours of darkness Wall packs shall be placed over shipping /receiving doors and trash dumpsters and shall be illuminated with a maintained minimum of one footcandle of light on the ground surface during hours of darkness Passageways and recesses related to and within all sides of the budding shall be illuminated with a maintained minimum of 25- 50 footcandles on the ground surface during hours of darkness Lighting devices shall be enclosed and protected by weather and vandal resistant covers There shall be no incandescent lighting; energy efficient bulbs shall be used A PHOTOMETRIC STUDY, WHICH INCLUDES ALL OF THE ABOVE, MUST BE PROVIDED PRIOR TO ISSUING THE PERMIT. THE PHOTOMETRIC STUDY MUST BE POINT -BY -POINT AND INCLUDE THE LIGHT LOSS FACTOR (.7). LIGHTING LEVELS SHALL BE ADJUSTED ACCORDINGLY TO MEET THE MINIMUM FOOTCANDLE REQUIREMENTS WITHIN EACH AREA OF THE PROJECT. INTERIOR: 1 The Security Office is buried in the rear of the budding with no visibility to any entrance, or the street The office should be moved to the front office area or in the office across from the "Assistant Head" 2 Because the classrooms do not open to an exterior corridor, but are concealed in an interior maze design, patrol and /or SWAT teams will have a difficult time responding in a timely manner to a major incident such as a school shooting 3 The secondary set of doors in the rest rooms located near the admissions office should be removed. Double doors prevent the user from seeing a problem they maybe walking into As has been done with the other rest rooms in this project, the privacy wall should be enough 4 Will the property be alarmed? Will there be security cameras, monitoring and recording activity around the property? Where will the monitors be located? TRAFFIC DIVISION CONCERNS (Sgt At Graham) - None �� r EXHIBIT D City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE Date: January 31, 2005 To: P�Y> Semo Planner J t/ From: S eve sumur , Environme al anager Subject: ENVIRONMENTAL ASSESSMENT #656, CUP #04 -6 (VISTAMAR SCHOOL) Please find attached comments from the El Segundo Fire Department, Environmental Safety Division concerning the Environmental Assessment and Conditional Use Permit for the Vrstamar School site, located at 737 Hawaii Street, in El Segundo Page 16, Item 7a It is unknown whether lead or asbestos would be encountered during renovation It is unclear whether this has already been done or whether a more thorough investigation will be done prior to renovation In addition, hazardous materials storage shall comply with State and Federal requirements, and be protected against incompatible reactions Although hoods or ventilation system were not discussed, it is anticipated there might be a need for engineering controls in at least one laboratory In addition, a chemical inventory and emergency plan would be required for chemical storage greater than 55 gallons, 500 pounds or 200 cubic feet Page 16, Item 7b It is not clear whether the Kramer site located at One Chapman Way would be a hazard The Kramer site was a previous copper foundry, with possible arsenic contaminants The site is located upwind from the Vistamar site. Page 26, Item 16b Because a cafeteria is anticipated, there may be an increased load to the sewer system from fats,orls, or greases generated in the food preparation An appropriate wastewater interceptor maybe required to handle the additional burden created from cafeteria food preparation 0418 EXHIBIT D City of ECSegundo INTER - DEPARTMENTAL CORRESPONDENCE Date: January 31, 2005 To: Paul Garry, Senior Planner / From: James Carver, Principal Fire Prevention Specialist Subject: Environmental Assessment No. 656, Conditional Use Permit No. 04 -6, and Development Agreement No. 04 -1, New Private High School (Vistamar School), 737 Hawaii Street Paul. Following are the Fire Prevention Division's comments for the proposed private High School (Vistamar School) at 737 Hawaii St The facility site map does not identify a fire apparatus access lane Due to the lot depth and size, a fire apparatus access lane will be required on the east side of the building The fire apparatus access lane requirements include a Minimum width of 20 feet b Mirumum vertical unobstructed height — 13 feet 6 inches c Turning radius of 40 fee inside and 60 feet outside d Any dead -end in excess of 150 feet requires a turn- around We can provide the applicant approved turn- around layouts e. The fire apparatus access lane must be identified per Department Regulations 2 The project must comply with applicable requirements of the California Building and Fire Codes Please contact me if you have any questions or comments I can be reached at extension 2239 0,1() EXHIBIT E VISTAMAR SCHOOL RESPONSES TO INTERDEPARTMENTAL COMMENTS We appreciate receiving the comments and recommendations from the El Segundo Police department, Traffic Department, and Recreations and Parks Department They have been very helpful Some of the recommendations concerned items where we had already intended to implement the recommended activity, and others raise matters which we will address Regarding security and police department recommendations, a few background comments may be helpful Vistamar intends to admen a small number of carefully screened students from surrounding communities We do not intend to admit students with a history of behavioral problems Because of the high degree of adult supervision (class sizes of 15 1, additional supervisory duties required of all faculty) and because of our intent to hire an outside security guard on duty when students are on campus, we do not anticipate some of the kinds of student behavior which may occur in larger, more diffuse, and less well supervised environments Private schools rarely experience the kinds of problems which require a police response At Crossroads School in Santa Monica, for example, a school in an urban and relatively high -crime neighborhood, we are aware of only two incidents in the last twenty years in which students engaged in activity requiring a police response Generally student disciplinary issues in private schools are minor, and it is very unusual indeed for any student behavior to require action by the City authorities Below we have summarized the questions briefly and included our specific responses (In italics) on the recommendations in the February 8 comments letter Police Department Recommendations Exterior Administration and staff have little or no visibility of the parking lot, dining areas and walkways We anticipate having a full -time day -time security guard stationed in the parking area who will monitor all of these areas There will bean adult on duty throughout the school day 1 Will there be adequate parking after the last Phase is completed Yes This has already been discussed with Planning from a statutory standpoint Operationally, independent schools typically encourage carpooling by only giving parking permits to students who carpool and requiring that other students be dropped off by parents 2 Seating area in the middle of the parking lot creates legitimate loitering for the students to mill around vehicles for the purpose of committing vandalism and theft Independent schools typically have a very low Incidence of vandalism by enrolled students, as students are carefully screened for behavior problems before bung offered permission to enroll in addition, as indicated above, there will be a full time day time security guard on the exterior of the school It is Intended that the outside seating area be used for study by students in their free periods, and the guard stationed in the parking area would be ready in the unlikely event that a discipline issue arose 3 Physical barrier between the parking spaces and the dining area on the north side of the building We intend to add bollards or stone benches at any area where students are adjacent to cars, whether at the dining area at the northwest of the building or the drop off area to the west of the budding 4 Fencing the entire exterior should be a consideration to limit students from loitering around surrounding parking lots and businesses 080 Students at Vistamar will be restricted in their departure from campus Ordinarily students will be in class or will need to sign out of campus and account to the security guard for their departure from campus We do intend to fence or screen areas where students regularly gather 5 The portable benches and chairs should be bolted to the ground to deter vandalism Again, daytime vandalism not a big issue at independent schools, but agree that anything that isn't heavy should be either bolted down or put inside at night 6 Side yards along the south and north sides of the building should be fenced off to keep students from loitering The side yards will have gates with crash bars They must be available for exiting from the Gym and other areas We anticipate that the security guard will rove periodically in order to track any use of these side areas 7 Bike racks shall be in a busy well -lit location Agree, though not many kids will ride, since most will not be from this neighborhood 8 Street addresses 4" + Agree 9 Site directory placed by all main entrances Agree We will have diagrams and exiting rules in all classrooms as well 10 Gym Library and Cafeteria identified on exterior of budding, corresponding to their location OK 11 Trash dumpsters fully enclosed, fencing locked and light over the dumpster OK 12 Lighting requirements It is our understanding that the fighting requirement is higher than this, and we will provide the photometric study with our proposed external lighting Interior 1 Secuntv office is now in rear of buildinq, move up to front office area or office across from Asst Head We can move the security room as directed by the City However initially, at least, security will be a roving position and this office will be used pnmanly to store the belongings of the security guard during the work day 2 Objections to existing desion of interior based on potential access difficulties in a shooting or other major emergency situation While we are unable to make major modifications to our internal configurations, which are directly tied to our educational philosophy, we anticipate working with ESPD and others to discuss enhancements to our secunty, such as putting in calling mirrors or cameras In key locations The current structure is accessed fairly readily by the two central corridors, which are main thoroughfares for the building Each set of classrooms is located m a pod, and each pod can be locked off an isolated in an emergency There is 081 good visual oversight planned for each pod The building's external doors will ordinarily be locked except for the two "main" doors at the front and on the West side The design makes ingress relatively difficult for an attacker, but makes egress convenient for occupants in the event of an emergency We have identified a security consultant and plan to contact him to review safety procedures and disaster plans for the school 3 Removina secondary set of doors near admissions office Agree 4 Prooertv alarmed? Secuntv cameras? The property will be alarmed, and we expect to have some evening security as well We do not anticipate having regularly monitored security cameras unless we get some indication that there is a crime problem, however we will discuss this further with the security consultant PARKS AND RECREATIONS QUESTIONS 3 What recreational facilities will students use odor to Gvm completion? Students are required to be physically active either through coursework or through an outside activity or through participation in a sport Activity electives will be offered both on and off campus, before and after school Students will select from a list of fitness activities which may include yoga, martial arts, weight training, cardio fitness, dance, and fitness swimming Except for swimming, we will be able to accommodate these choices In our PE space We have assembled an Athletic Task Force which is assisting us in locating options for swimming and other uses and we have arranged for bus transportation to transport those students who cannot be accommodated on campus 4 What types of team sports /recreational activities be offered, and where In addition to the PE electives noted above, we will field sports teams based on the level of student interest Our planning assumes the following sports Volleyball, Terms, Golf, Cross Country, Basketball, Soccer, Water Polo, Baseball, Softball We are In the process of contracting with local facilities to identify and rent practice space for these sports teams 5 Have arrangements been made with the Wlseburn School District to facilitate sports activities Dr Don Brann, Superintendent, and Matt Wunder, pnncipal of Dana School, have been very supportive of Vistamar School We are working together to Identify what facilities maybe available, given Wisebum School Dlstnct's own needs for field space and their planned construction 004 " "` ° " °° El Segundo Unified School District 641 SHELDON STREET • EL SEGUNDO, CALIFORNIA 90245 •a (310) 615 -2650 • FAX (3101640 -8272 C 'O��HOOI O�S� SUPERINTENDENT BRUCE AULD BOARD OF EDUCATION MICHAEL D BRINEY JO -ANN E EDLEFSEN EL SEGUNDO UNIFIED SCHOOL DISTRICT CHRIS) POWELL Office of the Superintendent CHRISTINE M SHERRILL KATHLEEN A WILEY TO CITY OF EL SEGUNDO CITY COUNCIL CITY OF EL SEGUNDO PLANNING COMMISSION MARY STRENN, CITY MANAGER FROM BRU ,1U/, P_ERINTENDENT SUBJECT VISTA MAR SCHOOL E lG a CONDITIONAL USE PERMIT APPLICATION JAN 2 0 2005 COMMENT LETTER DATE JANUARY 18, 2005 PLANNING DIVISION The purpose of this correspondence, prepared on behalf of the Board of Education, is to provide the City of El Segundo with Information concerning the potential consequences of granting a conditional use permit to the Vista Mar School Although the school will not be located within the school district boundaries, its location is in the City of El Segundo More significantly its proposed location is in the heart of corporate El Segundo This is of significant concern to the Board of Education of the El Segundo Unified School District It is understood that it is not the Board of Education's responsibility to decide this matter However, as stewards of the public trust and advocates of public education, the board Is compelled to identify concerns that should be discussed and thoughtfully considered prior to approving the proposed conditional use permit The board's concerns are as follows Perceived Loss of Confidence in the Public Schools /Lost Real Estate Values Rest assured that the board is not economically concerned with an overall net loss of students In fact, the board is confident in the student body's ability to compete with any educational institution, public or private, regardless of the fact that the Vista Mar tuition is $15,000 more per year than the per student revenue the district receives from the state to educate our students The district's �e2�ie¢f- e�fa /es c•. <ci�i�� -n,G. airt�/�i,� coiniruu�.rf� 6r 0 r /�lri�arure larnu enc•cr +�ni�zentfl¢! /es /rcire P cra „/P�/r�o irfiae C W-,-4 cvwA ecfc�en. f �zPe!f ��c .en e: a .o��n.�.occvl iii 27�f e eG'.trr� 0�� exceptional facilities, current and planned programs and exemplary faculty ensure the success of its students and its schools The board is confident that the quality of the public schools in the City of El Segundo is the primary economic engine west of Sepulveda The public schools are the driving force in the rapidly accelerating real estate values within residential El Segundo However, of tantamount concern is the potential impact on the district's relative standing within the South Bay and Los Angeles County and the subsequent effect on the community of El Segundo The perceived success or failure of public schools in California has become absolutely transparent with the advent of the Academic Performance Index (API) and the statewide ranking system Potential homebuyers can easily compare the performance of one public school with another when making home buying decisions Currently, the El Segundo Unified School is ranked number ten among the nearly fifty Los Angeles County unified school districts and has surpassed the very significant 800 threshold As such, the district is deemed by the state a high - performing school district Recently, a one -half acre parcel on West Imperial sold for $2 million or $4 million per acre, the highest per acre value in the Los Angeles basin The board understands that the success of our schools translates into increased home demand and therefore increased home values As evidenced by its considerable annual investment in the El Segundo schools, the City of El Segundo recognizes the return on investment the schools provide the city and its residents in increased real estate values The location of a private school within the boundaries of the City of El Segundo potentially broadcasts the perception to prospective homebuyers with preschool and /or school age children that there is some concern with the public schools There also exists the potential to siphon off some high - performing students and their actively involved parents. Although, one cannot reliably predict the resulting impact of locating a private school in El Segundo, the risk to academic performance and potential subsequent losses in real estate values is of real concern The location of Vista Mar School in El Segundo will have no benefit to the city except the relatively nominal one -time benefit calculation payment that will be made to the city In contrast, the city will be jeopardizing its significant investment in its public schools by approving this application Potential Loss of Private Contributions Sufficient financial resources are imperative to the continued success of El Segundo's public schools Essentially, all public schools are primarily funded by the state's general fund, which is phenomenally dynamic Currently, it is anticipated that the district will lose $6 million over the next four years due to the suspension of Proposition 98 The district relies on the generosity of individuals, large corporate entities, and small to medium businesses that contribute to the El 0 8{ Segundo Educational Foundation and our schools to "bridge the gap" of state aid and student need In fact, in the current year, the foundation is funding one of the most basic of instructional needs - textbooks The recently negotiated Williams lawsuit against the state has already demonstrated that significant state funds will be diverted to low performing schools It is becoming ever more obvious that high performing schools will be left looking to local sources to sustain and enhance their instructional programs Representatives from Vista Mar school assert that approximately one - percent of independent private school income comes from corporate sources Yet, it is unlikely that many, if any at all, independent private schools are located in the heart of corporate concentrations, as proposed in El Segundo Even at the one - percent level, assuming 400 students at $21,000 per year, this would amount to $84,000 of potential corporate donations that could have potentially gone to our public schools Even more troubling than the potential reduction in corporate support, is the potential reduction in support that comes from the owners, officers, and decision makers of small and medium businesses Last year alone $149,500 or 54% of our Educational Foundation's revenues (excluding the endowment) came from these types of businesses and individuals if these individuals elect in the future to send their children to Vista Mar School, the likelihood is much greater that they will direct either their personal and /or business contributions to this Vista Mar School as well These are exactly the type of people who could afford to place their child in a private school rather than El Segundo High School Once again, the potential lost resources and subsequent reduction in programs is a risk we don't believe the city should want to take Another potential loss or reduction in programs to our students is in the many opportunities for intern and mentor programs with our local businesses We believe there will be pressure to allocate some of these positions to students at this private school We understand that a vibrant and diverse economic base east of Sepulveda is critical to the financial health of our city and in turn to the city's ability to maintain their investment in our schools However we feel the offsetting economic detriment to the residential community and school children of El Segundo is a more important consideration in making this decision Departure from Previous Business Decisions The proposed location of Vista Mar School is based primarily on the availability of commercial office space currently available in El Segundo It can readily be asserted that the school will not spawn companion businesses in corporate El Segundo and could instead represent a deterrent to future business development Future business development may be hurt by the location of a high school in close proximity to existing businesses The city has been consistently conscious of the historical separation of residential and corporate El Segundo Nowhere was this truer than with the decision by the city to cede a portion of the Air Force base to Hawthorne to prevent the division of the residential community The placement of a school at the far eastern border of El Segundo would similarly divide the school /student community Possibly more problematic for the city is the precedent set by opening a school in corporate El Segundo, which could lead to subsequent applications to locate additional schools in this area, including a comprehensive public high school In Summary The Board of Education asserts that the conditional use permit to operate the Vista Mar School in El Segundo has the potential to result in a decline in the district's statewide rankings, reduce contributions of both money and support to our local schools, and deter potential businesses from locating in corporate El Segundo The Board of Education urges the city council and planning commission to protect their investment in their public schools and the substantial home values of its residents I encourage the City of El Segundo Planning Commission and City Council to examine carefully the broad spectrum of potential consequences of approving the conditional use permit for Vista Mar School, in compliance with the provisions of the California Environmental Act ��ii At VISTAMAP, S c H o o L January 27, 2005 Seimone Juijis, P E Planning & Building Safety Dept El Segundo City Hall 350 Main Street El Segundo, CA 90245 -3813 Dear Mr Jur3is JAN 2 8 2005 PLANNING JI'V!S I believe you were among the recipients of a memorandum concerning Vistamar School prepared by Superintendent Bruce Auld, dated January 18, 2005, on behalf of the Board of Education for the El Segundo Umfied School Distract In that memorandum, Mr Auk raised several issues concerning Vistamar School, which bear on the city's evaluation of our proposed development agreement and application for a conditional use permit. I would appreciate your review of the enclosed response, which provides important background information and specifically addresses the issues raised by Mr Auld. While our aura is to serve families throughout the South Bay, we are confident that Vistamar will be an asset to the City of El Segundo as a corporate citizen and as a valuable addition to the range of educational resources and options available. I look forward to the opportunity to discuss our plans with you. Thank your for your time and consideration Sin e ly, s E Buckheit ad of School 737 Hawai, Street t� Segundo CA 90245 t3 06437377 f510643'371 www vwamarschooi org Attachments 0817 At VISTA MAR S c h o o L Superintendent Bruce Auld El Segundo Unified School District 641 Sheldon Street El Segundo, CA 90245 Dear Bruce COPY January 27, 2005 HID LL JAN 2 81055 PLAfV'Y1;,1! �, - I have reviewed a copy of your memorandum of January 18 to the El Segundo City Council and El Segundo Planning Commission Please accept this letter as a good faith response to your concerns, and be assured of the intentions of Vistamar School and its Board of Trustees to support your fine work Following is a summary of the main points of our response, each of which is expanded and explained in detail in the accompanying memorandum addressed to the El Segundo City Council Vistamar is not a threat to your district's reputation The presence of a pnvate school in a public school district in no way undermines public confidence, student performance, or property values within that district The API scores and the real estate prices in Palos Verdes, despite the location of Chadwick School, serve as a case in point. In fact, there is ample evidence to suggest that the presence of Vistamar School will enhance property values in El Segundo Vistamar is not a threat to your fund raisingcapabihty Independent schools receive between 1% and 3% of their gift revenue (not their total revenue as your memo incorrectly states) from private businesses, including corporate matches of employee donations Fund raising generally accounts for less that 10% of total revenue at a private school, placing corporate support at the level of mere fractions of one percent. Not only is your concern about the loss of gift revenue unfounded, but your estimate of the potential loss is overstated by a factor of ten Vistamar is a viable and appropriate enterprise for its location Under the zoning regulations of the City of EI Segundo, a secondary school is a conditionally permitted use for the property at 737 Hawaii Street With the Wiseburn School District offices and Dana Middle School Just yards away from our front door, and a campus of Chapman University only four blocks from our location, we are Joining an area that already includes diverse educational activities This area happens to cross the boundaries of three municipalities, which function as an integrated neighborhood We will also be contributing directly to the revenue of the City of El Segundo through our business development agreement Independent schools strengthen communities by providing choices to families and serving as responsible corporate citizens Independent schools strengthen the field of education by modeling alternative approaches, filling specialized niches, and raising expectations The only competition we present is the competition of ideas, which every field of endeavor needs in order to remain healthy and adaptive I hope you will accept Vistamar School as a colleague and partner in supporting quality education and serving the needs of South Bay families Sincere y Ja E Buckheit Head of School Attachments 7371lawao Street El Segundo (P 90245 t 9106437377 f 310643 7371 �� www vista ma rschool org �� V ISTAMAP, n _ pis JAN 2 8 2005 To: Members of the El Segundo City Council Members of the El Segundo Planning Commission PLANNING rDME- - -- Mary Strenn, City Manager, City of El Segundo CC. Members of the El Segundo Unified School District Board of Education Seimone Jurjis, Director, Planning and Building Safety Department of El Segundo Bruce Auld, Superintendent, El Segundo Unified School District From: Jim Buckheit, Head of School, Vistamar School Romayne Levee, President, Vistamar School Board of Trustees Date: January 27, 2005 Subject: Response to Mr. Auld's Memorandum of January 18, 2005 Re. Vistamar School Overview Thanks to the willingness of members of the El Segundo Board of Education and the El Segundo Education Foundation to meet with Vistamar trustees over the past several months, we have become familiar with their concerns associated with the opening of Vistamar School I appreciate the opportunity ity provided by Mr Auld's memorandum of January 18 to respond to those issues in a comprehensive fashion. Mr Auld and the members of his board are deeply committed to public education and understandably protective of the El Segundo public schools We believe, however, that their analysis has not been sufficiently informed by objective data, by the experience of other communities where private schools are located, or by the complexity of educational markets today In addition, we feel that speculating on the worst imaginable consequences of Vistamar School's presence obscures the considerable benefits and opportunities that we offer. The members of the El Segundo Board of Education are Justifiably proud of their public schools and the achievements of their students and faculty Given the sharp decline in state funding for education and the tireless volunteer efforts to supplement revenues, their worries about competition for scarce resources are understandable. They worry about the possibility of Vistamar depriving the system of bright students, supportive parents, and corporate donations They worry that the mere presence of a private school might undermine public confidence in the school system They even speculate on the appropriateness of a private school as part of the commercial and professional neighborhood bordering Aviation Boulevard. Those apprehensions should be allayed when evaluated in the context of Vistamar's mission, the scale of our operation, and the way independent schools are organized and funded It's also important to keep in mind that some 190 El Segundo children are already enrolled in private schools, mostly outside of El Segundo and coping with considerable inconvenience to do so Ultimately, the Board of Education must acknowledge their responsibility to support the best interest of all children in the district and the rights of families to access educational alternatives, if they so desire I believe the following clarifications and points of information address all the concerns raised by Mr Auld and demonstrate the positive impact that Vistamar School will have on El Segundo's image and success ' See "Map 2" m the Market Feasibility Study prepared by Shreck & Associates (Attachment A) 737 Haw St,eet J Seaundc CA 90245 t 310 643 7 377 f 3106437371 www v¢.amaachooi org 0 8 J Page 2 of 4 Enrollment Issues Vistamar School's Articles of Incorporation state that our purpose is �D, L ` to establish and operate a school within the State of California that will LPL !AN 2 8 2065 provide educational instruction and other education- related programs to individuals residing in Southern California" Z)l htdt`t wr- In Vistamar s mission statement, the founding trustees further call for "Diversity of thought and culture that encourages authentic exchange of perspectives, mutual respect and a mature understanding of the world " It has been V tstamar's intent from the outset to attract a diverse student body that is representative of Greater Los Angeles and to serve families from as broad a region as possible To support that goal, the trustees have invested in an extensive outreach program and raised over $1 million from individual donors for endowment to support financial access Our anticipated enrollment from any single municipality, including El Segundo, is small In October 2002, Schreck and Associates, a consultant for non -profit organizations, prepared a feasibility study for Vistamar's Board of Trustees (See Attachment A ) Schreck's demographic analysis focused on the communities within 6 miles of a hypothetical South Bay location In the 2000 census these communities reported a combined population of 512,000, including 39,000 twelve- to seventeen -year-olds Yet within an even wider radius, there is currently no independent, non - parochial high school The Schreck study indicated that within this market area there are more than 11,000 students enrolled in private schools To date, 25 percent of the applications we have sent out have been requested by families with children already attending private schools The availability of a private high school in the South Bay is likely to encourage such families to remain in their communities, rather than relocate to an area where secondary school choices are more readily available Wherever Vistamar is located m the South Bay, Ei Segundo's population of approximately 1000 students of high school age will be included m the school's market area At the same time, those El Segundo students represent a very small fraction of the population for whom we seek to make Vistamar available Within our market area, which we have expanded to an 8 -mile radius, we have identified and contacted 79 schools ending in eighth grade, evenly split between public and private To date, we have received 210 requests for admissions applications from students in 43 different zip codes Not surprisingly, given the relatively small size of El Segundo and the high regard for its public schools, none of the requests for applications has come from a family with a child currently enrolled in EI Segundo's Middle School Finally, while the school -age population in LA County continues to grow, the percentage of students attending private schools has been declining' The population projections within El Segundo Unified, along with continuing interest from beyond the district for attendance permits, indicate sustained public school demand in the city However, the concurrent and rapid growth of home schooling demonstrates the desire of parents to have educational choices' The relative interest among El Segundo families in home schooling will serve as a more robust indicator of confidence in the public schools than will the operations of a small and regionally oriented independent school ' According to statistics compiled by the California Sate Department of Education the percentage of elementary and secondary students in LA County who attend private schools dropped from 12 1% in 1997 -98 to 10 7% to 2002 -03 (The vast majority of those students attend religious school) 3 In that same time frame the numaer ofstudents statewide being home - schooled rose from IIS,318 to 219,811 (from 1 7% to 3 2% and growing at a rate of 7% per year Vistamar School fvlemorandum 1127105 —L: ��-�,: 090 JAN 2 8 2005 Page 3 of Funding Issues nL1%,NTN'i i , _ We understand that funding from education foundations is essential to the continued viability of public schools in California The Vistamar trustees are, in fact, active in supporting the educational foundations in their respective communities However, Vistamar School does not represent any sort of threat or competition for charitable donations to the El Segundo Education Foundation An understanding of the way independent schools are funded and the way corporations make their philanthropic decisions should assuage any concerns of that sort Mr Auld's memorandum reflects a misunderstanding, which results in an error of fact Vistamar conducted an informal survey of corporate support to peer independent schools Consistent with national trends, corporate giving in our region generally accounts for 1% to 2% of total gift revenue — in no case more than 3% of gift revenue Mr Auld incorrectly interpreted that statistic as a fraction of total operating revenue Typically in independent schools, 8% to 10% of total operating revenue comes from donations, the lion's share from parents, grandparents and alumni Only I% to 2% of that gift revenue (representing mere tenths of one percent of total revenue) comes from corporations and businesses Consequently, the potential risk of lost revenue to the El Segundo Education Foundation is grossly overestimated in Mr Auld's memorandum Even more important, the assumption that El Segundo -based corporations might shift their philanthropic interests away from public education to support private education is simply unfounded Corporate philanthropy aims to serve the civic and promotional interests of their business With the exception of matching gift programs, designed to promote charitable activities among employees, most companies provide little or no support to private elementary or secondary schools Similarly, we do not anticipate any significant funding from the "owners, officers, and decision makers of small and medium businesses" in El Segundo We expect local business owners and managers to remain closely tied to their civic roles, includmg support for public education We likewise expect Vistamar's administrators, trustees, and parents to loin that effort Public education is everyone's business Vistamar School is being founded and will be sustained by private individuals with a deep commitment to educational innovation and choice We have already raised over $4 5 million from individuals and an additional $7 million in pledges As we grow, parents who can afford to contribute beyond tuition payments will be asked to support a modest annual fund We also expect to attract some support from private foundations that have a stated interest in secondary education, but such grants are generally limited to special projects Our initiatives in that arena could also attract funds to the public schools, since many foundations reward public /private cooperative ventures Generally, the scale and the sources of our fund raising will have negligible overlap with that of the local education foundations Location Issues The property at 737 Hawaii is in many ways ideal for Vistamar's purposes It is situated at the intersection of three very different communities with excellent access to freeways and public transportation It provides adequate space for all of our anticipated classroom needs, as well as ample parking and excellent security The surrounding area is conducive to academic pursuits The Xerox complex, which dominates the immediate vicinity, has the feel of a college campus, and the other neighboring businesses engage clean, service - oriented activities Two blocks away is the upscale commercial district of Rosecrans Avenue, and four blocks away a campus of Chapman University There are a number of independent schools throughout Los Angeles successfully located in commercial and light industrial areas, none as attractive or as convenient as our proposed location The operation of secondary school at this address is a conditionally permitted use under the zoning regulations of the City of Ei Segundo, and reasonably so Among our closest neighbors are the Wiseburn School District offices, dust across Aviation Boulevard, with Dana Middle School a few Hundred yards to the north The Wiseburn professional staff and school board members have warmly and enthusiastically welcomed Vistamar School, recognizmg the compatibility of our Vrstamar School Memorandum 1127105 Page 4 of 4 respective aims and the significant opportunities for cooperation (See Attachment B for examples ) We have initiated a fruitful educational dialogue and explored ways to share resources Vistamar has already provided space for Wisebum's major fund raiser and for a staff function, while Dana School provided space for a Vistamar reception This spirit of professional collaboration and community activism is documented in the resolution passed unanimously by the Wisebum school board (See Attachment C ) Regarding the impact of private schools on property values, the evidence all points to positive trends The Schreck study indicated that the demographic factors correlated with private school enrollments include larger teenage populations, higher family incomes, and higher employment rates All of these factors are prevalent in the communities surrounding Vistamar's proposed location In no case has the presence of private schools in Los Angeles County had a dampening effect on real estate values For instance, the reputation of the public schools, as well as the price of homes, remains very high in the communities of Palos Verdes, despite the presence of Chadwick and Rolling Hills Prep Windward School and Turning Point School have had no negative impact on real estate in Culver City Crossroads School, which is located in a comparable commercial area, in no way slowed the business and real estate development along the Olympic Boulevard corridor of Santa Monica The presence of a private school will often draw families to an area Parents seek out private school options because of the particular needs and interests of their children, which aren't always evident at younger age levels Consequently, a community that offers a range of educational alternatives is especially attractive Vistamar School will be viewed as an asset by prospective home buyers (See Attachment D for samples of testimonials from El Segundo home owners and businesses ) Vistamar School will also have a positive unpact as an enterpnse At capacity, the school will employ some 40 people We have already patronized a number of El Segundo vendors, and we recently engaged an El Segundo contractor for a significant piece of the renovation work on our building We have joined the Chamber of Commerce, and we have negotiated with the city a public benefit payment as part of our development agreement Vistamar School will not only pull its own weight as a corporate citizen, but will also contribute to growth In Summary The foregoing discussion demonstrates that • Vistamar School presents no threat to the reputation of El Segundo's public schools • Vistmar School will not detract from the fund raising capacity of the El Segundo Education Foundation or from local property values Vistamar School is a viable enterprise for its proposed location Beyond these neutral effects, Vistamar offers considerable benefits and opportunities Independent schools strengthen communities by providing choices to families and serving as responsible corporate citizens Independent schools strengthen the field of education by modeling alternative approaches, filling specialized niches, and raising expectations Vistamar School will be an asset to El Segundo business by being a good customer and by enhancing the city's attractiveness Vistamar School will be a partner of the El Segundo public schools in promoting quahty education and serving the needs of South Bay families '>�T�tAI#rP6�5 PLIM%1'I,�u: . Vistamar School Vemorondum 1127105 a - � �--0J2 ATTACHMENT A EXCERPTS VISTAMAR SCHOOL Market Feasibility Study October 18, 2002 Shreck & Associates Consultants in Fundraising and Non - Profit Management Los Angeles 310 446 6474 fax 310 446 6473 J � JAN 2 8 1005 P1 ANN—Ikir- Table of Contents I Introduction 2 II The Case for Independent School 3 III Factors that Impact Independent School Enrollment 4 IV Los Angeles Area Independent High School Market 5 V Demographics 6-8 a Comparison of Local Markets b Trends Affecting South Bay Area Market VI Economics 9-11 a Comparison of Local Markets b Trends Affecting South Bay Area Market VII Social Factors 12-14 a Map of Private School Students by Census Tract b. Map of Private School Students by Block r� r- JAN 2 8 2005 PLAWNI„ir, - Vistamar School Market Analysis Page 7 Schreck & Associates, Confidential 094 I. Introduction In the Fall of 2002, a committee of the Board of Vistamar School engaged the firm of Schreck & Associates to conduct a market analysis of the South Bay area to determine the feasibility of constructing a new Independent high school As a prelude to a "feasibility study" — In which the capacity of the community to undertake a capital campaign is assessed — this analysis was designed to provide an understanding of the forces that Influence the demand for private education, and the environment Into which a new Independent school will be placed The goal is to provide an assessment of the long -term viability of such a school and documentation that might support a future capital campaign This report was developed from a comprehensive array of data and statistical projections, from both public and proprietary sources, and was Informed by recent research Into private school trends and norms Sources Include California Association of Independent Schools California Department of Finance EASI Analytical Software, Inc National Association of Independent Schools National Center for Education Statistics Southern California Association of Governments United States Census 2000 r� 1=- �� JAN 2 8 2005 PUP41111C I Vtstarnar School Market Analysts Page 2 Schreck & Associates, Confidential -�__, & 095 V. Demographics Comparative population demographics of Ilkefy recruiting areas 6 -mile radius (Year 2000 data) VISamar School Market Analvsis Schreck 8 Associates, Confidential South Bay Population 512,272 Families 120,934 12 — 17 Year Olds 39, 025 West Los Angeles Population 559,567 Families 119,147 12 — 17 Year Olds 27,063 Palos Verdes Population 372,877 Families 95,089 12 — 17 Year Olds 29,088 r JAN 2 8 2005 Page 6 0 90 VII. Social Factors An NAIS study of the factors determining likelihood to enroll in private schools showed that the educational attainment of the mother had the single highest correlation — private school students have a disproportionately higher percentage of well educated mothers Percentage of Women with at least a Bachelors Degree South Bay N I West Los Angeles 51 7 Palos Verdes 438 Perhaps the greatest Indicator of future private school enrollment is current private school enrollment There are currently 11,854 students in K— 12 private school in the market area The following pages contain maps Illustrating the distribution of these students How to Read the Following Maps Map 1 shows the distribution of private school students at the census tract level Map 2 Is at the block level Each section (census tract or block) within the market area radius is marked with a number and a letter The number indicates the number of private school students in the section The letter indicates the proportion of private school students to the overall population in relation to national data For example Vistamar School Market Analysis Sc=ck & Aasociates, Confidential There are 127 private school students in this section (census tract or block) This section is in the top 20% of all sections nationwide in terms of the percentage of students who go to private school r. �14 JAN 2 8 2005 Page 12 097 Prepared with 7 he [tight Site Dem --d,lncnln egad V MMIM U4 AcYj -.r 9p ny��'• 273 181 ,— 115 187 aphtc Jottware V— Palk Willdw, Xills Q U Yao ynu reO x , 80 —VSla del MU �- 5<PUIveEa Blvd O vwOWx Ai and SLRW I Way l W 148 132 26 31 0 ff- 316 83 164 133 3 i ICI 79 1� fl 6 A J�1L4 Co " 116 25 22 O301 9 212 92 120 ' 159 Q 10 'W- � 62 94 11 _ 158 100 11 49 55 168 12 B� B'w 161 I9 ® 93 w..a.. 16 65 ® IZ 83 202 83 56 14 j 71 1b580Ya V L a 64 10 124 1' 72 54! Q $ 39 • �, 92 a 90 75 17 26 a~ rE r a ,1 491 5 - 42 —. e<cP. wwWHi "`46 -a�'-i ,�xi t,+ '�� hi•Y n �, 9 37 63 82 p° 20 126 '.Ze -•� - � ''' �, — MnvNOme Bmd I 123 - Lomkta i, -� • -,x , - t Pama val,aa E,l,aa� i ` Prepared By Greg Gergen, Easy Analytic S=tware Inc rnone noo o++c u<li .1m1-- O 098 Goa �C "S T Prepared with The Right Site Demoaraphtc Software WI SL 38 51 wR N w_ waxaa - -- 64 21 30 p7= 63 p 69 `29 - =-- o� r� _ — 89 o- 43 -_ e 39 100 = 16 - 64 - -�; 0_ S3 48 77= =^°' =� , Y 120 - e29_ 98 L `r, entl _ 44 38 —su „n, 32 0 � ` rW39Jh U - 0 ��[3- 86 87'<m�n 51wlim=en.etva..� r• _ 42 - -V,s,a EH Mai W.,Id Wa,W 13 6 108 - '`_ter+ 0��- 0 1. 38— 10; 47= L21 —`_ 94 —= -- n � '0� 34 4Z 4lV 20 - 46 - _ 10"` �t 66 v� - . — 36 66 12 11� - 2424 / 13 a 16 �0 _ _ _ 21 ' l J 47 CIS 20- i 20 x' ~75 32 111 f l -r ' F :z „7 k}� � •'9a � Y� x,•«9�'�.,i1�,i•�.'. �,'tiJ't1 , l Prepared By Greg Gergen, Easy �_1 ; 0. 7 0 LM U 0.1 Amo BIV6 A, and S• Rulwry 0 23 31 11- 59 7j 7_.— r 0 14 J = 0 48 16 36 _9 N,(� i i_S w� °,, 70 _= p _ r- -- R -- i 1 ,-0 f Sou em PacMeV aN X10; ^Q _.._ _ 9 _,-_. r _ TO 7tac Software Inc Phone 888 345 4271 ema_l ggergen @aol com 099 ATTACHMENT B -R° VISTAMAP, Partnering with the Community Introducing Independent Schools There are over 2,000 independent schools in the United States Of these, 1600 schools are members of the National Association of Independent Schools and serve over 700,000 students, with an average student to teacher ratio of 9 1 On average, there are 421 students in each independent school, including 16% receiving need based financial aid Each independent school has its unique mission and is responsible to its Board of Trustees But each independent school also functions within its local community, and a willingness to work cooperatively with other local community groups is essential to the strength of an independent school Unlike public schools, independent schools receive most of their financial support from tuition plus contributions from parents or private individuals, not from corporations or community groups Nationally, the Council for Aid to Education (CAE), a subsidiary of the RAND Corporation reported that only 3 1% of the support of independent schools comes from corporations A separate survey of local LA independent schools indicates that most corporate support is in the form of "matching" donations where any individual employee's donation will be matched by the corporation Excluding "matching" funds the support from a corporations for independent schools is even lower, ranging from "none" to a maximum of 3% from the seven private schools responding, with most indicating 1% or less W orlung with our neighbors Vistamar School is already working to partner with members of the South Bay community We are actively seeking to contract with vendors who are connected with the local communities of El Segundo, Manhattan Beach, Hawthorne, Lawndale, and Westchester All of our current employees live within five miles of the school Vistamar has met with both the Wiseburn School District, the District where Vistamar will be located, and with members of the El Segundo School District We have already made arrangements to provide our parking lot to Dana Middle School for a school event in October, and we have begun to make plans to work cooperatively with our nearest neighbors on several other projects. The members of Vistamar's Board of Trustees are also active supporters of the public schools and institutions in the South Bay communities in which they reside Plans for the future. Vistamar hopes to provide a positive and meaningful contributions in the communities of the South Bay, by offering a small, individualized program of study for students who are seeking this alternative Vistamar is seeking students from a very broad geographic area and the school has intentionally chosen a location that is on the boundary between several South Bay communities and is near to bus lines and the Green Line In addition, the school hopes to pursue a wide variety of service options in working with local communities and public schools Some possibilities (by no means exhaustive) are detailed below * Summer programs, including advanced arts options, SAT prep, and intensive study skill programs, will be made available to students in the Wiseburn and El Segundo School Districts * Community service will be a graduation requirement for students, and we expect that Vistamar students will be active in service programs ranging from performing concerts for local retirement homes to providing tutoring for children in after school programs III 7 JAN 2 8 29135 k ATTACHMENT B * Clubs and Activities Vistamar will offer a wide range of after school clubs and activities and some, such as orchestra, jazz bands, or drama programs, can also be opened to students from local public schools * Arts Council The school is setting up an Arts Council to actively seek out cultural events and small performances that Vistamar will sponsor, and many of these can occur cooperatively with local public schools * Community access Our school will have classrooms and meeting spaces that can be used for community events such as 12 -step programs, local non - profit cultural or other groups * Educational options Certain unusual or advanced courses such as Mandarin Chinese or advanced Latin-American History and Culture (taught in Spanish) can be made be available for students at local public schools * Teacher training Vistamar will be bringing in outside speakers and educators to provide teacher training for its employees, and can make these opportunities open to educators in the local public school districts Vistamar is eager tojom the vibrant life of El Segundo and the other South Bay Communities and we look forward to parmenng with our neighbors � L JAN 2 8 2005 =L,P w;\ 1,,,r- = �-L 101 ATTACHMENT C Wiseburn School District Resolution kns.n9 IN SUPPORT OF VISTANIAR H. iGH SCJIOOL, WHEREAS. parents from vauous cihcs and cotr=umuea in the South Day have joined logethcr to cstabhsh a new pnvatc high school called Vistamar TLgh School; 'Nvi£REAS, the school hds found alocaiton within theWiseburn School i ismctOnHawauStreet m the City of El Scgtmde; WHEREAS, city zoning allow; for a school to be operated in rhis area through a conditional use permit process, WHEREAS, Vistamar High School has applied for a conditional use perorit with the City of V Se¢nndo so that the School may start to admit freshzn= and sophomore students to the Fall of 2005; NVUERF.AS. the Supenmendem of the Wisel tarn School Districl was among the Eret education officials to meet vi ith the faimders of Visturow to establish a dialogue about the txeyv school; W- FWMEAS. this dialogue has alreadyieniltcd w collaburwive efforts between Wisebwn School District, Dana Middle School and VistamarlHigh School; V'kMREA.S, Vistarrar F-ligh School in ptammng for its fume hae offered to work- with Wiseburn School District on providing access to Vistamar's simmer programs, arts coimcil, advanced courses acid teacher ttainin„ VFIMMAS, the Wisrburz School Distnct creates and supports the devaiopnment of smalllcaanung cotrununrtics; NN'HF.RF,AS. Vv staui asts committed tolmilrhnga school with adiversestudentbod }'tnmaeyways — racially, culturally sotto - economically and in stwlcnt abilities, )VIIE REAS, V_stamar Higb School already has tstabiished a SI million cnduwmcnt for financial :fci �S -` .iiid will set aside 11% of its gross tuition revenue for fina-icial access, R'HFREAS, ibe compelctwn heiweeo various educational options .tiuiuiales school itiipro,, ernants. r I�� L iI !I JAN 2 8 200-5 .' ,. ATTACHMENT C 'WFIF.REASl educartoaal altenvatIves for DArcnts and their cFyldren only enhancrs the broader eaucauonal cornmunrty m ei region, NON3' THEREFORE LET IT BE RESOLVED that the Wiseburn Sobool Distrio Board of Trustee welcomes Vistamar High School to ourcducatrional cammumtyand encourages s continued collaboration in the best rritLTest of our children Adopted this I Sw ddy of November, 2004, in Hawthomc, California. � oil � >v� � 8n271 Ivleath, President }6 Anne Kaneda. Clerk Dennis Curtis, M. ber f Walter Guerrero, Nblember Zvracl Mora 7�Irraher _. Don Rrarm, Superintendent r 'Il JAN 2 8 2965 - «_ � -L -Z-, 103 ATTACHMENT D LETTERS FROM BUSINESSES, ORGANIZATIONS, AND EL SEGUNDO RESIDENTS IN SUPPORT OF VISTAMAR SCHOOL Compiled January 27, 2005 Letters from Brian Minsky, Resident, 732 Imperial Ave #21 Jeff Shaver, Resident, 608 E Holly #2 Jim Wharton et al, New York Food Company, 2320 Alaska Arnold Goldstein, Shorewood Realty (with offices in El Segundo) Matthew Wunder, Principal, Dana Middle School (Wseburn District) r 11tt � Iu'd JAN 2 g 2005 - �Z 10 x January 26, 2005 Brian L Milmsky 732 W Imperial Avenue, Apt 21 El Segundo, CA 90245 To El Segundo Planning Commission El Segundo City Council From Brian Milinsky Subject' Vistamar School I am writing to support the addition of the Mstamar School to El Segundo I have resided in El Segundo since January of 1989 There is no question that the El Segundo public school system provides excellent education opportunity to residents of our city I went to public schools myself, graduating from Santa Monica High in 1977 While I no longer work in education, my many years of working as an independent school administrator led me to understand that private schools are a very necessary thing for our society's children Some students simply do not do well in the public school environment, no matter how good that public school is and they need the smaller class sizes and lower ratios of students to teachers that private education provide I also believe that Vistemars geographic location is ideal to provide benefits to El Segundo without causing any negatives for the city of El Segundo, as residents or the El Segundo public schools It is actually located in the Wisebum School District, very near to Dana School, and practically at the edge of the El Segundo City limits It is near to bus lines and to the Green line Independent schools traditionally attract students from a very wide geographic area — usually an independent high school will attract students from over 50 zip codes Since Vlstamar is at the City limits, it will expose a wide variety of students and their parents to the existence of El Segundo and the city's restaurants and retail establishments without bringing any congestion at all into downtown area I urge you to approve Vistsmar's application for a Conditional Use Permit at 737 Hawaii Street Yours sincerely, 6"L '/ - Q4 Brian L Milmsky r JAN 2 g 2055 �, e January 26, 2005 Jeff Shriver 608 E Holly #2 El Segundo, CA 90245 To El Segundo Planning Commission E1 Segundo City Council From Jeff Shriver Subject Vistamar School I am writing to support Vistamar School's application for a Conditional Use Permit to create a private school at 737 Hawaii Street. I have lived in El Segundo since for fifteen years. I know that El Segundo has excellent public schools and I support them But I have worked with young people for many years on a volunteer basis, and I also know that the school that is right for one student may not be the best place for another student. Some students really need the very small class sizes and individual attention that can occur in private schools. Our City should allow students to have a choice in their education Vistamar will attract students from all over the South Bay and a few of them may be from El Segundo But there are already many El Segundo students that are commuting long distances to go to private schools in Santa Monica, West Los Angeles, and Palos Verdes. Some of those students may well decide to stay nearer home, closer to their City, family and fnends Vistamar is in the City limits, but it is not near any El Segundo residential neighborhoods. It will bring yobs into El Segundo and also may bring construction contracts and other business opportumnes —but it won't do anything at all to increase traffic on Main Street I think Vistamar will be a good addition to El Segundo and I urge your approval of the CUP Yours sincerely, 0�r4 /,,rR.�.c 'jeff Shriver r {� JAN 2 "tc5 New Food N York F c�-�--Wy Company January 24, 2005 Ms Stefanie Knutson, Assistant Head of School Vistamar School 737 Hawaii Street El Segundo, California Dear Ms Knutson. We are writing to voice our support for the project known as Vistamar School, to be located at 737 Hawaii. As we currently understand it, we do not foresee any aspect of your project that would do anything but add to the security and value to this commercial neighborhood That said, we reserve the right to readdress the issue should any of the details of the school change in a dramatic fashion. The addition of a private mshtute based on attracting the best and brightest in Southern CalifomW s youth is something that peaks our level of confidence. As the owners of the property located at 2320 Alaska Avenue, around the comer from the Vistamar property, we welcome yoyxo-t?:F neighborhood and wish you much success. Best Jim 2320 Alaska Avenue, LLC New York Food Company, r , �1 'L JAN 2 P 1Lr,' ZI AwFr 10 l 2320 Alaska Avenue, El Segundo, Cchfornio 90245 I t 310 643 6 15 1 1 f 310 643 7723 1 www newyorkfood.com M- rasa 5�,� i. "wasn x _ `- _ -. _ "' Kt- y-�: -__ - - -_ .::F �gr?•z.i.'_ GY✓' � `�4ygi� SHOREWOOD R E A L T O R S To. El Segundo Planning Commission, El Segundo City Council From Amold Goldstein, Shorewood Realtors Date January 26, 2005 Regarding- VISTAMAR SCHOOL The effect of having a private school in the city of El Segundo in my opinion would have no negative effect on real estate I can see many ways it would have a positive effect. The most obvious benefit regarding real estate in El Segundo is that VISTAMAR will attract families into the community who may want to live closer to the school, thus increasing the housing demand and increasing property values. The school will also create lob opportunities, again, attracting new people to the community increasing demand which increases property values Providing a choice in education will bring new residents, students, teachers, business contracts and other business opportunities into an increasingly desirable area which only has a positive effect on real estate values Thank you. r' u 4JAN 2 R 2UL5 eal p_IF:p� HERMOSA BEACH OFFICE • 950 ARTESIA BOULEVARD • HERMOSA BEACH CALIFORNIA 90254 PHONE (310) 376 -8871 • FAX (310) 374 -3078 8 p www Shorewood com-� —�-��- 1 � � IFYOUR PROPERTY IS PRESENTLY LISTED WITH AREA LTOk PLEASE DIS R EGA RD THIS INQUIRY r,, _.' k 1/24/05 Dana Middle School 13500 Aviation Blvd Hawthorne, CA 90250 Phone. 310 - 643 -6165 Fax, 310 - 643 -0208 El Segundo City Council and Planning Commission 350 Main Street El Segundo, CA 90245 Dear Council and Commission Members I am writing to unequivocally support the Vistamar School's application for a conditional use permit to operate a high school in our community. Given the lughest quality personnel, course offerings and curriculum, resources, and vision of the Vistamar School, I am confident their operation will provide students from across Los Angeles County a unique and rigorous learning environment All public schools strive for excellence. Excellence is a byproduct of learning together, seeking solutions and sharing knowledge. Much can be learned from our friends at Vistamar, with educators strongly committed to becommg a good neighbor and partner with local public schools Regardless of the outcome of Wisebum School District's umfication process, I can only envision Dana Middle School and all local middle and high schools benefiting greatly from having Vistamar in the Wisebum School District attendance area. It has been my experience that families who are interested in pursuing an independent school option for their children often leave the public school system regardless of location or commute because of the unique educational opportunities that such schools provide. Having Vistamar School in our area may attract families to our community and certainly will provide an exciting educational option for some families. At Dana Middle School, we look forward to the great opportunity Vistamar brings to our community and education for students in the South Bay. Sincerely, t X21/— Matthew Wunder Pnncipal O'a - LIZ 109 The Applicant City of El Segundo COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT F— N -bS�1 0 o4'( 350 Main Street El Segundo, CA. 90245 (310) 524 -2344 FAX (310) 322 -4167 APPLICATION FOR A DEVELOPMENT AGREEMENT Date November 2004 Vistamar School 737 Hawaii Street, El Segundo, CA 90245 (310) 433 -8047 Name Address Phone (Applicant must have legal or equitable interest in the real property. Attach evidence ) (If not owner, a written statement from owners stating they are aware of this application) Newport Beach, CA 92660 Owner's Name Address Phone Property Situated at See Exhibit "N' (Exact legal description If legal description is by metes and bounds, attach a copy ) General Locations 737 Hawaii Street between Judah Avenue and Alaska Avenue Address and Street, Avenue Street, Avenue Existing Zoning M -1 Zone Existing General Plan /Specific Plan Light Industrial REQUEST Under the provisions of City Council Resolution No 3268 and Government Code Sec 6586465869 5, application for consideration of a Development Agreement for the above describedproperty Describe the proposed project in its entirety Include information on the type of construction proposed, materials to be used, and type of uses involved (i e , bank, general office, restaurant, etc ) Provide details on square footages, heights, number of stories, number of parking spaces etc See Exhibit "B" Iii R 3 lC .s = NOV 091004 `—d}ilNSjN :)WIS CINi 2 Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan Specifically reference the applicable General Plan and Specific Plan sections See Exhibit "B" 3 Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located See Exhibit "B" 4 Describe how the proposed protects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties See Exhibit "B" 5 Submit a scaled site plan showing the location and dimensions of all existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc , along with elevations, sections, floor plans, etc , of all existing and proposed buildings and structures (See Plot Plan Checklist) See Exhibit "B" 6 Attach the proposed Development Agreement The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes See Exhibit "B" III AFFLICF \N � -COMMOW5 AFFIDAVIT 1, (We) the undersigned, depose and say that (I am/We are) the of the property involved in this application and that I(we) have familiarized myself(ourselves) with the rules and regulation of the City of EI Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans attached hereto are in all respects true and correct to the best of my/our knowledge and belief Si nature Date 20� Signature Date AGENT AUTHORIZATION I hereby authorize to act for me 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 Owner's Signature AGENT AFFIDAVIT I,(We) // a (" � -1. the undersigned, depose and say that (I am/We are) the AGENTS f th roperty involved in this application and that I(we) have familiarized myself (ourselves) w the ules and regulation of the City of El Segundo with respect to preparing ana filing this application and that the foregoing statements herein contained and the information on all documents and plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief -/� /�7 /J I I - S , 20 =`( Date e , 20_ Signature Date 11: [,(We) S(zyc Lawf+r oK [cti.(4 -( C314 F,d /ALL -� the undersigned, depose and say that (I am/We are) the OWNER(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 respectto preparing and filing this application and that the foregoing tatements herein contained and the information on all documents and plans attached hereto afe in all respec e and correct to the best of my /our knowledge and belief Date AGENT AUTHORIZATION 20PA7 20_ I hereby authorize to act for me in all matters relevant to this application I understand that this person will be the exclusive contact on the protect and will be sent all information and correspondence Owner's Signature AGENT AFFIDAVIT ],(We) the undersigned, depose and say that (1 am/We are) 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 plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief 20_ Signature Date 20_ Signature Date 3 j+ 1 J Procedures for filino aoolicatton 1 File completed application with 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 applications 2 Provide all information, drawings and other materials 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 should 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 �al/310 E.A. 4S� Signature c D.A. o 9 - 1 Revised 10/01 P \Planning & Budding Safety\AP- FORMS \PDF Applications and Forms\Development Agreement Application doe 114 VISTAMAR SCHOOL DEVELOPMENT AGREEMENT APPLICATION EXHIBIT "A" - LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THE SOUTHEASTERLY 153 00 FEET OF LOT 28, AND ALL OF LOT 20 TRACT 26557, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID TRACT NO 26557, IN A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS ESTABLISHED BY U S COAST AND GEODETIC SURVEY BENCH MARKS ALONG THE SHORELINE) EXCEPT ALL OIL, GAS, ASPHATUM AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFID OR NOT, WITHIN OR THAT MAYBE PRODUCED FROM SAID LAND, PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTRUBED IN ANY MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN THE DEED FORM STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO. 1622 IN BOOK D1069 PAGE 898, OFFICIAL RECORDS VISTAMAR SCHOOL DEVELOPMENT AGREEMENT APPLICATION EXHIBIT `B" - FINDINGS 1. Describe the proposed project in its entirety. Include information on the type of construction proposed, materials to be used, and type of uses involved (i.e., bank, general office, restaurant, etc.). Provide details on square footages, heights, number of stories, number of parking spaces etc. The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an existing structure which will be refurbished and reconfigured to provide the school with a one -story (30 -foot) building containing approximately 76,100 gross square feet The school will feature a total of 22 classrooms, which will include 15 standard classrooms, 4 science labs, 2 arts classrooms and 1 performing arts classroom In addition, the school facility will provide other student - serving ancillary areas such as a library, cafeteria, gymnasium, student center as well as other ancillary areas for administrative offices /services and storage Parking will be provided on -site for 155 vehicles, in excess of the 154 parking spaces required by Code (i e 7 spaces per 22 classrooms) The campus will also provide approximately 14,568 square feet of landscaped areas as well as 62,857 square feet of hardscaped areas The proposed project has applied for a conditional use permit for the use sought. The conditional use permit will regulate the development and operations of the proposed use The Development Agreement applied for is intended to provide a vehicle for addressing the proposed school's public benefit contributions 2. Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan. Specifically reference the applicable General Plan and Specific Plan sections. The proposed location of the project is within an area- designated by the General Plan as Light Industrial The Light Industrial designation permits light manufacturing, warehousing, research and development and office uses In addition, other compatible uses are permitted for individual projects The location of a small private high school near such uses is compatible with and minimally impactful on the operations of the existing area light manufacturing uses, which feature predominantly parking and commercial buildings with light industrial and office uses inside Appropriate conditions for development and operations have been established to ensure such compatibility As such the proposed project is consistent with the goals, objectives, policies and programs specified in the General Plan 3. Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located. 11 11�1 The proposed site for Vistamar School is currently zoned M -1 The M -1 Zone conditionally permits uses within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of this Title Furthermore, the proposed location is in accord with the purposes of the M -1 Zone. Although the M- I Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, companies or business firms, the M -I Zone also is intended to accommodate, with appropriate conditions, CR -S Zone uses which include a wider variety of commercial retail- service uses and schools in particular 4. Describe how the proposed projects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties. The ad) acent properties and the immediate surrounding areas are predominantly used for parking and light - industrial purposes The location of a small private high school near such uses is minimally impactful on the operations of such uses In addition, issues such as project ingress and egress shall be examined by the City to make sure they do not have detrimental effects on the adjacent properties or neighborhood. 5. Submit a scaled site plan showing the location and dimensions of all existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections, floor plans, etc., of all existing and proposed buildings and structures. (See Plot Plan Checklist) Detailed and dimensioned plans have been submitted to the City as part of the CUP application process already initiated for the project 6. Attach the proposed Development Agreement. The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes. A draft of the proposed Development Agreement has been attached It should be noted that the conditional use permit sought for the project will regulate the development and operations of the proposed use The Development Agreement applied for is intended to provide a vehicle for addressing the proposed school's public benefit contributions 7 1i � The Applicant COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main Street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -4167 APPLICATION FOR A CONDITIONAL USE PERMIT CUP No 04 -�o -- Date. 9- 2A 04 Vistamar School 737 Hawaii Street, B Segundo, CA 90245 (310) 433 -8047 Name Address Phone (Check One) Owner Lessee X _ Agent Property Owner LBA Fund TVA, LLC c/o Layton Belling & Associates (Attu Brad Neglia) 4440 Von Kannan Avenue Suite 150 Newport Beach, CA 92660 (949) 833 -0400 Name Address Phone Property Situated at See Exhibit "A" (Exact legal description Provide attachment if necessary) General Location 737 Hawaii Street between Judah Avenue and Alaska Avenue Address and Street, Avenue Street, Avenue Existing Zoning Light Industrial (M -1) Zone Request Under the provisions of Title 15, Chapter 23 -4 of the Municipal Code, application for consideration of a Conditional Use Permit for the above described property Describe in detail the entire proposed project (type of construction, materials to be use, uses involved, i e , bank, general office, industrial, restaurant, etc ) buildings and other equipment necessary to the project See Exhibit "B" Describe the existing development on the site Include square footages and uses of each building on the site See Exhibit "B" j0EC -- Elli 118 PLANNING Z)iv., -,L N r--A--6eS6 . Cup n -4-(n Explain in detail why this F cular site is especially suited for the prop08F development See Exhibit "B" Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood See Exhibit "B" Provide an estimate of the total cost of materials and construction of the proposed project See Exhibit "B" OWNER'S AFFIDAVIT being duly sworn depose and say that lXe am the OWNER of the property involved in this applMation and that Vyie-ttave familiarized myself (pumalves) 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 an documents and all plans attached hereto are in all respf(cts true and correct to the b my /our knowledge and belief STATE OF CALIFORNIA, ) County of Los Angeles )ss On this day of County and State, personally appeared name executed the same WITNESS my hand crat ��L C J ZO 20 6�L_ Signature Date , 20 , befd e-rfie, the undersigned to me that he/she Notary Public in and for said County and State 0 Q L << CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ss County of (,) lc;t -Yl .1/� On � � �� before me, J�.f`-� / /115 I7-D ^c �L f O--�i.( Oale 77 N11a��me ari0 Title of Oaicer (e g Doe Notary Public personally appeared � -�`ti� L/� rvamnlsl o, a'9nmryl ersonally known to me ccry eudeace to be the persotol -s -whose namekW is /arty subscribed to the within instrument and acknowledged to me that he/sHetthey executed the same in histthefA rerir authorized capacity( , and that by hislhertttt-ir signatura(e}en the Instrument the personfs), or the entity upon behalf of which the persoafs - acted, executed the Instrument WITNESS my ha d and official seal -- f, l' alum of Notary Public OPTIONAL Though the Information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name Number of Pages ❑ Individual TOP of thu b here ❑ Corporate Officer — Tdle(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney-in -Fact ❑ Trustee ❑ Guardian or Conservator C Other Signer Is Representing H 1999 National Notary nssoc,ation 905p De Sum AVe PO B..2402 Chatsworth CA9121324U www nabonalnotaryorg Prod No 5907 Reamer Call Toll Ree 19006766527 1 �1- CoSCa�� -vP u4 -a Co AGENT AUTHORIZATION I hereby authorize Dale Goldsmith Esa and A J Jarasunas. Esa to act for me /us 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 AGENT AFFIDAVIT 1, We _, 1, L. c>—�= i ^ = 1 being duty sworn depose and say that INVe am the AGENT 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 documents and all plans, attached hereto are in all respects toe and correct to the best of my /our knowledge and belief 1 - 2 1 , 20 ignature Dale STATE OF CALIFORNIA,) , County of Los Angeles ),ss / On this Z )-- day of .20_, before me, the undersigned Notary Public m and for said County a d State, personal appeared u� • s G , i c, „�� a ., known to me to be the person whose name r'r ✓ c- • 41-41 � s ib t h w i t t, and acknowledged tome that he /she executed the same RONALD KADONAGA Commission # 1452162 WITNESS my hand and official seal • -d Notary Public - California Los Angeles Ccunnn 1 My Comm Exares Dec iB 2007 r Notary Public in and for said County and SL Procedures for filing application I File application properly completed in the office of the Planning Division Signature of the owner, owners, lessee, and /or agent shall be notarized before a Notary Public 2 Applicant shall provide all information, drawings and other materials as requested by the Planning Division 3 Pay filing fee 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 Signature RE CUP APP EA- cup C4--GG 1 VISTAMAR SCHOOL CUP APPLICATION EXHIBIT "A" - Legal Descnption THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THE SOUTHEASTERLY 153 00 FEET OF LOT 28, AND ALL OF LOT 20 TRACT 26557, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID TRACT NO 26557, IN A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS ESTABLISHED BY U S COAST AND GEODETIC SURVEY BENCH MARKS ALONG THE SHORELINE). EXCEPT ALL OIL, GAS, ASPHATUM AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFID OR NOT, WITHIN OR THAT MAYBE PRODUCED FROM SAID LAND, PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTRUBED IN ANY MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN THE DEED FORM STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO 1622 IN BOOK D1069 PAGE 898, OFFICIAL RECORDS. UJI VISTAiyIAR SCHOOL CUP APPLICATION EXHIBIT `B" Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e., bank, general office, industrial restaurant, etc.) buildings and other equipment necessary to the project. The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an existing structure which will be refurbished and reconfigured to provide the school with a one -story (30 -foot) building containing approximately 76,100 gross square feet. The school will feature a total of 22 classrooms, which will include 15 standard classrooms, 4 science labs, 2 arts classrooms and I performing arts classroom In addition, the school facility will provide other student -serving ancillary areas such as a library, cafeteria, gymnasium, student center as well as other ancillary areas for administrative offices /services and storage. Parking will be provided on -site for 155 vehicles, in excess of the 154 parking spaces required by Code (i.e 7 spaces per 22 classrooms) The campus will also provide approximately 14,568 square feet of landscaped areas as well as 62,857 square feet of hardscaped areas. Describe the existing development on the site. Include square footages of each building on the site. The project site is currently improved by an office /light - assembly and warehouse building which was occupied by DIRECTV until February of 2004 The building currently contains approximately 76,100 gross square feet, with approximately 55,300 square feet being used for light assembly and warehouse purposes and approximately 20,800 square feet that was configured and used for office purposes A total of 149 parking spaces are currently provided on -site The structure itself is a single -story concrete tilt -up building with several mezzanines built by the previous tenant for the support of mechanical equipment The building was constructed in 1964 -65 The code of record is assumed to be the 1961 edition of the Uniform Building Code (UBC) A seismic retrofit of the wall anchorage and sub - diaphragm development was designed in 1991 and constructed in 1994 Explain in detail why this particular site is especially suited for the proposed development. The project site is especially suited for the proposed school in that it provides an existing building and site plan that is easily convertible to a private high school such as the one proposed In fact, the existing building will not require any sort of expansion or external reconfiguration to accommodate the needs of the proposed school In addition, the nature 12 J B :eo of the surrounding properties is light industrial /office and as such, it will not be adversely impacted by the presence of a private school such as the one proposed Finally, the project site is well - situated for the targeted school population, who may travel to the school from various directions via a wide variety of streets, freeways (405/101) and public transportation, including the nearby Green Line Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood. The adjacent properties and the immediate surrounding areas are predominantly used for parking and light- mdustnal purposes The location of a small private high school near such uses is minimally impactful on the operations of such uses In addition, issues such as project ingress and egress shall be examined by the City to make sure they do not have detrimental effects on the adjacent properties or neighborhood 5 Provide an estimate of the total cost of materials and construction of the proposed project. The project construction budget contains two categories The first is the Hard Construction Cost and the second is the Soft Construction Cost Hard Costs are monies paid to a General Contractor for the purpose of physical construction The Soft Costs are monies paid to facilitate the design, jurisdictional review and approval, furniture and equipment purchases and other items, which would not be contracted through the builder. The proposed project mostly consists of interior remodel of an existing tilt -up concrete structure The exterior work mostly involves decorative landscape, hardscape and exterior painting The Hard Construction budget is currently anticipated to be approximately $35 per gross square foot. The Soft Cost budget is anticipated to be approximately $20 per gross square foot. Thus, the total project construction budget is anticipated to be approximately $55 per gross square foot. Applying this estimated number to the 76,100 gross square feet of the propose project yields an anticipated total project budget of approximately $4,185,000 IEIi 1r� a 124 ��- co -5 co) , owl —C)(V VISTAMAR SCHOOL CUP APPLICATION PROPOSED FINDINGS That the proposed location of the conditional use is in accord with the objectives of this Title and the purposes of the zone in which the site is located; The proposed site for Vistamar School is currently zoned M -1 (Light Industrial) The M- 1 Zone conditionally permits uses within the Downtown Commercial (C -RS) Zone, which in turn provides that schools are a permitted use Thus, the proposed location is in accord with the objectives of this Title Furthermore, the proposed location is in accord with the purposes of the M -1 Zone Although the M -1 Zone is expressly intended to provide for the location and grouping of light industrial activities, research, and technological processes and related offices and auxiliary uses performing support services for existing and permitted establishments, compames or business firms, the M -1 Zone also is intended to accommodate, with appropriate conditions, CR -S Zone uses which include a wider variety of commercial retail- service uses and schools in particular. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The proposed location of the conditional use is within a light industrial area featuring predominantly parking and commercial buildings with light industrial and office uses inside The location of a small private high school near such uses is minimally impactful on the operations of such uses. Appropriate conditions for development and operations have been established to ensure such compatibility As such the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity That the proposed conditional use will comply with each of the applicable provision of this Chapter. The proposed conditional use complies with each of the applicable provisions of this Chapter - 12 l-� Lo�Co� �vP owl -CCo COMMUNITY, ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT 350 Main Street El Segundo, CA 90245 (310) 524 -2344 FAX (310) 322 -4167 6Ca INITIAL STUDY APPLICANT QUESTIONNAIRE PL,:,,a,iNG DIVISION A GENERAL INFORMATION D+ .(0 1 Name, address and phone number of current property owner LBA Fund IVA LLC c/o Layton Belling and Associates (Aftn Brad Neglia) 4440 Von Karman Avenue, Suite 150 Newport Beach, CA 92660 (9491 833 —0400 (Note Property Owner's signature is required on Page 6 and 7) 2 Address of project 737 Hawaii Street, El Segundo, CA 90245 Assessor's Block and Lot No APN 4138 -010 -008, Tract 26557, Lot 29 and 28 (Por ) M B 675 -95-98 3 Name, address, and telephone number of applicant, (if different from Property Owner) Vistamar Schoc 737 Hawaii. Stn (Note Applicant's signature is required on Page 7) name of person to be contacted concerning this project 4 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies Conditional Use Permit 5 Existing zoning district Light Industrial (M -1) Zone 6 Proposed use of site (project for which this form is filed) Vistamar School PROJECT DESCRIPTION Use additional sheets as necessary 1 Site size 153.525 square feet 2 Total square footage of building(s) or structures) 76.100 nross square feet (55.300 s f of warehouse and 20.800 s f of office) 3 Number of floors of construction 1 4 Amount of on -site parking provided 155 parking spaces 5 Proposed scheduling School to open in late 2005 Classes to be conducted between the hours of approximately 7 30 A M and 3 00 P M along with standard extracurricular tvpes of school actwntes 6 Associated projects and relationship to larger project or series of projects L 12G 7 If residential, include the number of units, schedule of unit sizes, range of sale price or rents, and type of household size expected 8 If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of building area, and nature of loading facilities provided The proposed oroiect is a private high school, featuring grades 9 through 12 The school will be located in an existing 9 If industrial, indicate type, estimated employment per shift, and nature of loading facilities Not applicable 10 If institutional, indicate the major function, estimated employment per shift, estimated occupancy, nature of loading facilities provided and community benefit to be denved from the project 11 If the project requires a variance, conditional use permit or rezoning application, state this and indicate clearly why the application is required Project No EA PL,=1NP,ii,t, -, 2 CUP O<I -0(0 C ENVIRONMENTAL SETTING 1 Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects Describe any existing structures on the site, and the use of the structures Attach photographs of the site Snapshots or polaroid photos will be accepted 2 Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one - family, apartment houses, shops, department stores, etc ), and scale of development (height, frontage, setback, rear yard, etc ) Attach photographs of the vicinity Snapshots or polaroid photos will be accepted D ENVIRONMENTAL IMPACTS Brief explanations of all answers are required on attached sheets, or refer to previous responses to Items B and C above Please see attachment for detailed responses to questions below 1 Land Use Planning. Would the Proposal a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project' 3 YES MAYBE NO X X C) d) 2 a) a] C) 3 a) b) C) d) e) f) g) h) 1) 4 a) b) C) d) YES MAYBE NO Be incompatible with existing land use in the vicinity? X Affect agricultural resources or operations (e g impacts to X soils or farmlands, or impacts from incompatible land uses)? Population and Housing Would the proposal Cumulatively exceed official regional or local population X projections? Induce substantial growth in an area either directly or X indirectly (e g , through projects in an undeveloped area or extension of major infrastructure)? Displace existing housing, especially affordable housing? X Geologic Problems Would the proposal result in or expose people to potential impacts involving Fault rupture? X Seismic ground shaking? X Seismic ground failure, including liquefaction? X Se,che, tsunami, or volcanic hazard? X Landslides or mudFlows? X Erosion, changes in topography or unstable soil conditions X from excavation, grading, or fill? Subsidence of the land? X Expansive sods? X Unique geologic or physical features? X Water. Would the proposal result in Changes in absorption rates, drainage patterns, or the rate X and amount of surface runoff? Exposure of people or property to water related hazards X such as flooding? Discharge into surface waters or other alteration of surface X water quality (e g , temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? X r. C 'J �'� 4 ✓A -CoSo GUP 014 i 5 ..L�O YES MAYBE NO e) Changes in currents, or the course or direction of water X movements? f) Change in the quality of ground waters, either through direct X additions or withdrawals, or through interception of an aqufier by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 1) Substantial reduction in the amount of groundwater X otherwise available for public water supplies? 5 Air Quality. Would the proposal a) Violate any air quality standard or contnbute to an existing X or projected air quality violation? b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any X changes in climate? d) Create objectionable odors? X 6 Transportatfon/Circulation. Would the proposal result in a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e g , sharp curves or X dangerous intersections or incompatible uses (e g , farm equipment)? c) Inadequate emergency access or access to nearby uses? X J) Insufficient parking capacity on -site or off -site? X _ e) Hazards or banners for pedestnans or bicyclists? X f) Conflicts with adopted policies supporting alternative X transportation (e g , bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? X 7 Biological Resources Would the proposal result in impacts to a) Endangered, threatened, or rare species or their habitats X (including, but not limited to, plants, fish, insects, animals, and birds)? i 5 ..L�O b) Locally designated species (e g , heritage trees)? c) Locally designated natural communities (e g , oak forest, coastal habitat, etc )? d) Wetland habitat (e g , marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 8 a) Use non - renewable resources in a wasteful and inefficient Manner? b) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9 Hazards. Would the proposal involve a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. Noise. Would the proposal result in a) Increases in existing noise levels? b) Exposure of people to severe noise levels? 11 Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas a) Fire protection? b) Police protection? c) Schools? I YES MAYBE NO X X X X X X X X X X X X X X X iL{ 11 131 YES MAYBE d) Maintenance of public facilities, including roads? e) Other governmental services? 12 Utilities and Service Systems Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. Aesthetics. Would the proposal a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 14 Cultural Resources Would the proposal a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? 15 Recreation. Would the proposal a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? C NO x x x X x x X x x x X X X x x x x x x 7'! -' ., -CoS% _U%3 C4 -O Co 16 Mandatory Findings of Significance. a) Does the protect have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife spectres, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the protect have the potential to achieve short-term, to the disadvantage of long -term, environmental goals? c) Does the protect have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in conjunction with the effects of past projects, the effects of other current protects, and the effects of probable future protects ) d) Does the protect have environmental effects which will cause substantial adverse effects an human beings, either directly or indirectly? OWNER'S AFFIDAVIT X X X X I J1Nef S- f J,l'L ��i, am (am the OWNER(S}of the property involved in this application, I (A*have familiarized mysb If (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application, and the information on all documents all plans Is true and correct to the best of ur knowledge and belief. C Ovoilies Sig6ature Data Date OWNER'S AUTHORIZATION I hereby authorized to act for me in all matters relevant to this application I understand that this person will be the primary contact on the project a will be sent all Information and correspondence 20 0 ner's Signat e D to APPLICANTA F AVIT rv.�. Q Lc�hr� f ar6 (are) the APPLICANT (S) of the roperty involved in this appl catnn„ I-(we) have famt anzed myeel( (ourselves) with the ru sand regulation o e City of El Segundo with respect to preparing and filing this application, and the information on all d cuments and all ns is true and correct to the best of^ (our) knowledge and belief �' Z CZ D °I ZOn Signat a Date 9 e Si, a re Date 13 Copies of Plans 300' Notification Map 3 sets of Property Owner Labels 2 sets of Envelopes with Postage Required Supplemental Info Sheets Revised01 /01 intlst -3 qst �o►11ih1 Lives , CHAuz, VLSTAMA.--' Se490(— FOR PLANNING DIVISION USE ONLY Fee/Deposit Received $ Date Filed , 20_ Received By �IJI �S 134 ---� �.v `7 %� LUP C-4 _C CO Vistamar CUP — Initial Study Applicant Questionnaire Responses ENVIRONMENTAL IMPACTS Brief explanations of all answers are required on attached sheets, or refer to previous responses to Items B and C above Land Use Planning Would the proposal a) Conflict with general plan designation or zornng9 The proposed protect is consistent with the General Plan land use and zoning designations for the site The existing zoning designation permits school uses subject to a conditional use permit No impact is anticipated Additional analysis of this issue is not warranted b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? The proposed project does not conflict with environmental plans or policies adopted by agencies with jurisdiction over the project No impact is anticipated Additional analysis of this issue is not warranted C) Be compatible with existing land use in the vicinity? The proposed use would be developed within an urbanized area containing various commercial, industrial and office uses As such, the proposed use would be compatible with existing land use in the vicinity No impact is anticipated Additional analysis of this issue is not warranted d) Affect agricultural resources or operations (e g impacts to sods or farmlands, or impacts from incompatible land uses)? The project site is located within an urbanized area No impact is anticipated Additional analysis of this issue is not warranted Population and Housing Would the proposal a) Cumulatively exceed official regional or local population projections? The proposed project does not include any residential land uses As such, the proposal will not cumulatively exceed official regional or local population projections No impact Is anticipated Additional analysis of this issue is not warranted b) Induce substantial growth in an area either directly or indirectly (e g , through projects in an undeveloped area or extension of major infrastructure)? The proposed project does not include any residential land uses that would result in a direct population increase within the City of El Segundo Likewise, the project does not involve the extension of roads or other infrastructure into areas that would induce residential development and associate population increases In addition, the implementation of the proposed project would likely not increase the existing population within the City of El Segundo as a result of the new jabs created and the potential to relocate to El Segundo, because the number of new jobs to be provided by the proposed project is minimal No impact is anticipated Additional analysis of this issue is not warranted C) Oisplace existing housing, especially affordable housing? 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 Geologic Problems Would the proposal result in or expose people to potential impacts involving a) Fault rupture? The proposed project is located within the seisrrucally active Southern California region and is subject to similar risks as other developments of comparable employment volumes and size, which are located in the project area The project site is located in the vicinity of the Newport- Inglewood Fault Zone and the Elysian Thrust Fault Zone However, according to the City's General Plan, no known active or potentially active faults are located on or near the project site The nsk of surface rupture due to faulting is considered less than significant No significant impacts are anticipated Additional analysts of this issue is not warranted b) Seismic ground shaking9 The proposed project is located within the seismically active Southern California region and is subject to simalar risks as other developments of comparable employment volumes and size, which are located in the project area The project site is located in the vicinity of the Newport- Inglewood Fault Zone and the Elysian Thrust Fault Zone The Newport- Inglewood Fault Zone has a probable magnitude of 6 5 to 7 4 The potentially active Elysian Thrust Fault Zone has a probable magnitude of 6 7 The proposed project will be built in conformance with all applicable building code requirements, including those relating to seismic safety Additional analysis of this issue is not warranted C) Seismic ground failure, including liquefaction Liquefaction is a condition where the soil undergoes continued deformation at a constant low residual stress due to the build -up of high porewater pressures The possibility of liquefaction occurring at a given site is dependant upon the occurrence of a significant earthquake in the vicinity, sufficient groundwater to cause high pore pressures, and on the gram size, relative density, and confining pressures of the soil at the site The project site is located in a zone of the City that is considered to have a low potential for liquefaction No significant impacts are anticipated Additional analysis of this issue is not warranted d) Seiche, tsunami, or volcanic hazard) The flat project site is located several miles east of the Pacific Ocean and is not situated near any other large bodies of water Therefore, the project site is not subject to inundation by seiche tsunarm or mudflow No impact is anticipated Additional analysis of this issue is not warranted e) Landslides or mudflows? The project site and surrounding areas are predominantly flat No landslides exist on the project site or project vicinity No impact is anticipated Additional analysis of this issue is not warranted f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? The proposed project involves the renovation and reconfiguration of an e=tmg building As such, no excavation, grading or fill is required Thus, the proposal would not result in or expose people to potential impacts involving No impact is anticipated Additional analysts of this issue is not warranted g) Subsidence of the land? The proposed project involves the renovation and reconfiguration of an existing building As such, no excavation, grading or fill is required Thus, the proposal would not result in or expose people to potential impacts involving the subsidence of the land No impact is anticipated Additional analysis of this issue is not warranted h) Expansive soils? The proposed project involves the renovation and reconfiguration of an existing building As such no excavation, grading or fill is required Thus, the proposal would not result in or expose people to potential impacts involving expansive soils No impact is anticipated Additional analysts of this issue is not warranted r- 1) Unique geologic or physical features9 136 The project site and surrounding areas are predominantly flat and do not contain unique geologic or physical feature No impact is anticipated Additional analysis of this issue is not warranted Water Would the proposal result in a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? The proposed project involves the reconfiguration and refurbishment of an existing structure The project site itself will not be reconfigured Thus, no changes in absorption rate, drainage patterns or the rate and amount of surface runoff are anticipated No impact is anticipated Additional analysts of this issue is not warranted b) Exposure of people or property to water related hazards such as flooding? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no changes in the level of exposure of people or property to water related hazards such as flooding are anticipated No unpact is anticipated Additional analysis of this issue is not warranted c) Discharge into surface waters or other alteration of surface water quality (e g , temperature, dissolved oxygen orturbidrty)? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no changes in the level of discharge into surface waters or other alteration of surface water are anticipated No impact is anticipated Additional analysis of this issue is not warranted d) Changes in the amount of surface water in any water bodyi The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no changes in the amount of surface water in any water are anticipated No impact is anticipated Additional analysis of this issue is not warranted e) Changes in currents, or the course or direction of water movements? The proposed project involves the reconfiguration and refurbishment of an existing structure The project site itself will not be reconfigured Thus, no changes in the level of exposure of people or property to water related hazard such as flooding are anticipated No impact is anticipated Additional analysts of this issue is not warranted f) Change in the quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge capacity? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured. Thus, no changes in the quality of ground water, either through direct additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge capacity are anticipated No impact is anticipated Additional analysis of this issue is not warranted g) Altered direction or rate of flow of groundwater? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no changes in the direction or rate of flow of are anticipated No impact is anticipated Additional analysts of this issue is not warranted h) Impacts to groundwater quality? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no impacts to groundwater quality are anticipated No impact is anticipated Additional analysis of this issue is not warranted i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? The proposed project involves the reconfiguration and refurbishment of an existing structure rPhus, no substantial reduction in the amount of groundwater otherwise available for public water supple-sus-anticipated No impact is anticipated Additional analysis of this issue is not warranted 137 Air Quality Would the proposal a) Violate any air quality standard or contribute to an existing or projected air quality wolation'� The proposed project does not involve grading or new construction As such, grading and construction of the project site are not anticipated to result in the creation of air pollutant emissions, such as fugitive dust, carbon monoxide, nitrogen dioxide and sulfur dioxide During operation of the project, regional emissions would be generated by mobile and stationary sources Mobile emissions (e g carbon monoxide) would occur as a result of project- related motor vehicles traveling to and from the project site However, based on the traffic study conclusions, no significant increase in mobile emissions above current site levels is anticipated Stationary source emissions would occur indirectly from site operations, but are unlikely to significantly exceed current site emission levels No impact is anticipated Additional analysis of this is issue is not warranted b) Expose sensitive receptors to pollutants? The proposed project is not in the immediate vicinity of sensitive receptors to pollutants In addition, operational traffic from the project is not anticipated to result in CO hotspots at off -site intersections locates near sensitive receptors No impact is anticipated Additional analysis of this is issue is not warranted C) Alter air movement, moisture, or temperature, or cause any changes in climate? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Neither the construction of the propose project nor its operations are anticipated to alter air movement, moisture, or temperature, or cause any changes in climate No irnpact is anticipated Additional analysts of this issue is not warranted. d) Create objectionable odors? The proposed school use is not anticipated to create objectionable odors Although the science labs and cafeteria may at times produce odors, such odors will be contained and treated as necessary within the areas of the project specifically designed for such uses No impact is anticipated Additional analysts of this issue is not warranted Transportation/Circulation. Would the proposal result in, a) Increased vehicle trips or traffic congestion? To be completed after receipt and review of Kaku traffic study b) Hazards to safety from design features (e g , sharp curves or dangerous intersections or incompatible uses (e g , farm equipment)? To be completed after receipt and review of Kaku traffic study C) Inadequate emergency access or access to nearby uses? To be completed after receipt and review of Kaku traffic study d) Insufficient parking capacity on -site or off -site? To be completed after receipt and review of Kaku traffic study e) Hazards or barriers for pedestrians or bicyclists? To be completed after receipt and review of Kaku traffic study f) Conflicts with adopted policies supporting alternative transportation (e g , bus turnouts, bicycle racks)? To be completed after receipt and review of Kaku traffic study g) Rail, waterborne or air traffic impacts? To be completed after receipt and review of Kaku traffic study Biological Resources Would the proposal result in impacts to a) Endangered, threatened, or rare species or their habitats (including, but not limited to, plants, fish, insects, animals, and birds)? The project site is a developed site located in a highly urbanized area and does not contain any endangered, threatened, or rare species or their habitats No unpact is anticipated Additional analysis of tlus issue is not warranted 1,30 4 b) Locally designated species (e g , heritage trees)? The project site is a developed site located in a highly urbanized area and does not contain any locally designated species No impact is anticipated Additional analysts of this issue is not warranted C) Locally designated natural communities (e g , oak forest, coastal habitat, etc )? The project site is a developed site located in a highly urbanized area and does not contain any locally designated natural communities No impact is anticipated Additional analysis of this issue is not warranted d) Wetland habitat (e g , marsh, riparian and vernal pool)? The protect site Is a developed site located in a highly urbanized area and does not contain any wetland habitat No impact is anticipated Additional analysis of this issue is not warranted e) Wildlife dispersal or migration corridors? The project site is a developed site located in a highly urbanized area and does not contain any wildlife dispersal or mitigation corridors No impact is anticipated Additional analysis of this issue is not warranted Mineral Resources Would the proposal result in impacts to a) Use non - renewable resources in a wasteful and inefficient manner? The project's development and operations are not anticipated to use non - renewable resources in a wasteful and inefficient manner No impact is anticipated Additional analysis of this issue is not warranted b) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? No classified or designated mineral deposits of statewide or regional significance are known to occur in the project area In addition, the project does not involve excavation Thus, the project is not anticipated to result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State No impact is anticipated Additional analysis of this issue is not warranted. Hazards. Would the proposal involve a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? The proposed project is not anticipated to result in a release of hazardous materials into the environment, with the possible exception of the science laboratories to be used in the course of standard high school science courses Although the science laboratories may use hazardous substances in the course of their operations, such use will be in stria conformance with all applicable safety regulations regarding such school lab use The proposed land uses will not use or store explosives in association with the construction or operations of the facilities Any other chemicals used on site for cleaning or similar purposes will be cared for by trained custodial staff pursuant to all applicable safety requirements Based on the amount stored, nature or 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 in the environment is less than significant As such, no impact is anticipated Additional analysts of this issue is not warranted b) Possible interference with an emergency response plan or emergency evacuation plan? The proposed project would be required to conform with all applicable City of El Segundo emergency response and /or emergency evacuation plans The proposed project 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 No impact is anticipated Additional analysts of this issue is not warranted. C) The creation of any health hazard or potential health hazard? The proposed project is not anticipated to create any significant health hazard or potential health hazard The project involves the refurbishment of an existing building and site The science laboratories t,Qbe used in the course of standard high school science courses may use hazardous substances in the courseoftheir .'t d 1J� t^�- CoSCo/ CVt7 O.I -0G �i operations and thus pose a potential health hazard, but such use will be in strict conformance with all applicable safety regulations regarding such standard school lab use As such, no impact is anticipated Additional analysis of this issue is not warranted d) Exposure of people to existing sources of potential health hazards? The proposed protect involves the refurbishment and reconfiguration of an existing commercial building which contained an existing commercial use As such, the protect is not anticipated to expose people to existing sources of potential health hazards No impact is anticipated Additional analysis of this issue is not warranted e) Increased fire hazard in areas with flammable brush, grass, or trees) The proposed project site features an existing building and parking lot in a developed, highly - urbanized area As such, the project will likely not increase fire hazard in any areas with flammable brush, grass or trees No impact is anticipated Additional analysis of this issue is not warranted 10 Noise. Would the proposal result in a) Increases in existing noise levels? The project site is currently developed with a commercial building and parking Although noise levels may increase during construction, such construction is minimal as it will involve only the reconfiguration and refurbishment of an existing building rather than excavation and construction of a new building All construction activities are required to adhere to standards contained in the City's Noise Ordinance (e g hours of construction) Long -term operation of the proposed project is not anticipated to significantly increase the noise levels on the project site or at adjacent properties due to any increase in on -site activity or any associated increase in vehicle trips No impact is anticipated Additional analysis of this issue is not warranted b) Exposure of people to severe noise levels The proposed is a school use which does not typically associated with severe noise levels The construction and operations of the project will be required to adhere to standards contained in the City's Noise Ordinance No impact is anticipated Additional analysis of this issue is not warranted 11 Public Services. Would the proposal have an effect u in any of the following areas Pon, or result in a need for new or altered government services a) Fire protection? Implementation of the proposed project would not result In new development on the project site The Proposed new use is not anticipated to significantly increase the demand for services provided by the El Segundo Fire Department Compliance with fire service mitigation fee requirements will assure that any need for new or altered fire services would be provided to and paid for by the project applicant No impact is anticipated Additional analysis of this issue is not warranted b) Police protection9 Implementation of the proposed project would not result in new development on the project site The increase the will Provide its own security for services provided by he El Segundo Police Department anticipated significantly e with tf re service mitigation fee requirements will assure that any need for new or altered fire services would be Provided to and paid for by the project applicant No impact is anticipated Additional analysis of this issue is not warranted c) Schools? The proposed project does not include residential uses that could directly increase population within the City and increase existing demands for public schools The potential for an indirect populations increase from new jobs created by the project is not significant given the limited number of new jobs the project will create Compliance with school impact fee requirements will assure that new or altered governmental services in this regard are provided and paid for by the project applicant Implementation of the proposed project would not result in new development on the project site The proposed new use is not anticipated to significantly increase the demand for services provided by the El Segundo Fire Department Compliance with fire service mitigation fee requirements will assure that any need for new or altered fire services would be provided to and paid for by the project applicant No impact is anticipated Additional analysis of this issue is not warranted d) Maintenance of public facilities, including roads' Implementation of the proposed project would not likely create any significant demands on the cities on main library, El Segundo Public Library due to the fact that the school itself will provide its own library facility on site On -site traffic from the proposed project would not create a significant demand for road maintenance services provided by the City Public Works Department Implementation of the proposed project would not result in new development on the project site The proposed new use is not anticipated to significantly increase the demand for services provided by the El Segundo Fire Department Compliance with fire service mitigation fee requirements will assure that any need for new or altered fire services would be provided to and paid for by the project applicant No impact is anticipated Additional analysis of this issue is not warranted e) Other governmental services? The proposed project is not anticipated to significantly increase the demand for other governmental services No impact is anticipated Additional analysis of this issue is not warranted 12 Utilities and Service Systems Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities a) Power or natural gas? The proposed project involves the refurbishment of an existing building which m supplied with power and natural gas as needed No significant increase in the need for power or natural gas is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted b) Communications systems9 The proposed project involves the refurbishment of an existing budding with an existing communications system No need for new or altered communications systems is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted C) Local or regional water treatment or distribution facilities? The proposed project involves the refurbishment of an existing building the water treatment and distribution needs of which were designed for and satisfied No need for new or altered water treatment or distributions facilities is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted d) Sewer or septic tanks? The proposed project involves the refurbishment of an existing building for which sewer and septic tank capacity was provided No need for new or altered sewer or septic tanks is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted e) Storm water drainage? The proposed project involves the refurbishment of an existing budding for which storm drain capacity was previously considered and provided The project site will not be altered and as such the amount of impervious surfaces will not increase Thus, the need for new or altered storm water drainage is not anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted f) Solid waste disposal? The proposed project involves the refurbishment of an existing budding for which solid waste disposal capacity was previously considered No need for new or altered solid waste disposal facilities is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted g) Local or regional water supplies9 The proposed project involves the refurbishment of an existing building for which water supplies had been considered and provided No need for new or altered water treatment or distributions facilities is anticipated due to the new school use No impact is anticipated Additional analysis of this issue is not warranted 13 Aesthetics Would the proposal a) Affect a scenic vista or scenic highway? �i 141 The proposed project involves the refurbishment of an existing building No new construction is proposed No alteration of the site plan is to take place As such, the proposal will not affect a scenic vista or scenic highway No impact is anticipated Additional analysis of this issue is not warranted b) Have a demonstrable negative aesthetic effect? The proposed project involves the refurbishment of an existing budding No new construction is proposed The aesthetic effect of the project will be improved by the improvements to be made to the existing building exteriors on site No impact is anticipated Additional analysis of this issue is not warranted c) Create light or glare? The proposed project does not propose new construction, only the refurbishment of an existing structure The refurbishment is not anticipated to increase the amount of materials which could create new significant light or glare impacts No impact is anticipated Additional analysis of this issue is not warranted 14 Cultural Resources Would the proposal a) Disturb paleontological resources? The project will not involve excavation, only the refurbishment of an existing structure As such, the project is unlikely to encounter paleontological resources Moreover, no evidence exists that paleontological resources are located at the project site No impact is anticipated Additional analysis of this issue is not warranted b) Disturb archaeological resources? The construction of the proposed project will not involve excavation and is thus not anticipated to reveal archaeological resources at the site Moreover, there is not evidence that archaeological resources exist at this previously developed site No impact is anticipated Additional analysis of this issue is not warranted C) Affect historical resources? The project involves the refurbishment of an existing building which has not been identified as an historical resources There are no structures or known historic resources elsewhere on the site No impact is anticipated Additional analysis of this issue is not warranted d) Have the potential to cause a physical change which would affect unique ethnic cultural values? Neither the budding on the project site or the project site itself have been identified as having unique ethnic cultural values associated with them No impact is anticipated Additional analysis of this issue is not warranted e) Restrict existing religious or sacred uses within the potential impact area? There are no existing religious or sacred uses associated with the project site or the potential impact area As such, no impact is anticipated Additional analysis of this issue is not warranted 15 Recreation. Would the proposal a) Increase the demand for neighborhood or regional parks or other recreational facilities? The proposed project does not involve the construction of residential uses that would result in a direct increase in residential population with the City, which could increase existing demands on parks and recreational facilities Although the potential indirect population increase from the new jobs created by the project may increase existing demands for existing parks and recreational facilities, the number of new jobs is not anticipated to be large enough to foster such demand Moreover, the proposed use will provide its own gymnasium on -site to allow for recreational opportunities for its students Thus, no significant impacts are anticipated Additional analysis of this issue is not warranted b) Affect existing recreational opportunities? The proposed project does not eliminate any existing on -site recreational opportunities On the contrary, the proposed school provide a gymnasium which will enhance recreational opportunities on -sae for its students No significant impacts are anticipated Additional analysis of this issue is not warranted 16 Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 144 J u The proposed Vistamar School project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory b) Does the project have the potential to achieve short-term, to the disadvantage of long -term, environmental goals9 The proposed Vistamar School project does not have the potential to achieve short-term environmental goals to the disadvantage of long -term ones C) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects ) The proposed Vistamar School project does not have impacts that are individually limited, but cumulatively considerable whereby the incremental effects of the project would be considerable when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The proposed Vistamar School project will not cause substantial adverse effects on human beings either directly or indirectly r. 14 T P,,. , MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA FEBRUARY 24, 2005 Chairman Funk called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7 04 p.m in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California Commissioner Kretzmer led the Pledge of Allegiance to the Fhdg. PLEDGE TO FLAG PRESENT FRICK, FUNK, KRETZMER, WAGNER 4 "i ROLL CALL ABSENT CARLSON None Chairman Funk presented the ConsentxCalendar None t: COMMUNICATIONS F CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR Commissioner Frick moved, seconded by Cofrithissioner Wagner, to MOTION approve the January 27, iMAWnutes,. as,submitted Passed 3 -0, January 27, 2005, Commissioner f�t� er abstt ped Minutes None ` Chairman Funk presented Agenda Item H -2, Environmental Assessment No 656, Conditio4 Use Permit No 04 -6, and Development Agreement No 04 -1 Address,,, 72l7 Hawaii Street Applicant Vistamar School Property Owner Leytgn Belling & Associates Planning Manager Christensen presented staff report (of record) Chairman Funk asked for clarification on the development agreement and the lump sum payment plan In response, Planning Manager Christensen explained that the applicant is paying a larger portion of the payment up front, and stated that this payment plan does not include the $21,000, noting that this fee is to pay for police, fire, and library services based on the standard rates WRITTEN COMMUNICATIONS PUBLIC HEARINGS, NEW BUSINESS EA -656; CUP 04 -06; DA 04-01. New private high school in an existing 75,640 - square -foot industrial building El Segundo Planning Commission Minutes, February 24, 2005 14� Chairman Funk questioned whether the impacts from this protect were factored into the Circulation Element, believing there will be an Increased traffic flow with this protect Planning Manager Christensen explained that the City does not generally factor specific development protects into the Circulation Element, advised that traffic and parking impacts were studied as part of the initial study and the environmental documentation that was provided for this protect, and noted that those impacts were considered not to be significant She noted that a school use does not,gerOerate much in the way of P M peak traffic trips when other tradittttial office, commercial or manufacturing businesses would generate,peai€t 1ps Chairman Funk asked for clarification on the internpaiking pldia� for drop -offs Planning Manager Christensen highlighted the site plan axis explained that the primary parking area is located on the east side of- the property, noted there are two driveways that Access tht side of the property where the parking lot is; and advised thatt hidbs` ill enter in the most easterly driveway, circle through the park", lot, and loop around in front of the easterly side% of the building tp,,drop off the students She added that this is also -thq same area Where the fire access lane is provided, looping back out into the front of the building and out the other driveway I 1 11 Chairman Funk asked for c`fiarification on the parking requirements for this gymnasium Plaything IVIAager Christensen explained that the zoning ordinance parkitig requirement for schools is based on the number of classrooms, a rsl ,nf soven parking spaces per classroom, noted that thatez ark 22 clad dooms Vii` #his protect, which would require 154 parking spaces, and she advised that there is not a separate ,fequirement `fbi the 'aus�itorwm itself In doing the environmental analysis, she advised that staff considered potential impacts to parking, stated $at staff would have some concerns if the use of this gymnasium would be for additional outside activities beyond the scope of the norm.,al school use, but added that there is a mitigation measure and condition which restricts activities with the public that would occur after 3 00 p m Chairman Funk stated that she is concerned with the potential for overflow parking if the 450 -seat gymnasium were to be filled to capacity She pointed out that staff report does indicate there could be shuttle services provided, possible offsite rental of parking lots and /or shared use agreements with some of the neighboring property owners, and pointed out that this will not be located in a residential area Planning Manager Christensen stated that as with any use, there are El Segundo Planning Commission Minutes, February 24, 2005 parking standards in place, explained that staff attempted to Indicate in staff report that an analysis was conducted to assess any potential impacts or concerns about extracurricular usage of the gymnasium, which Is primarily Intended as an Integral part of the school use, and that staff attempted to equate in staff report that 154 parking spaces would be required on site if one had a similar but separate place for public assembly Chairman Funk opened the public hearing Romayne Levee, Chair of Vistamar School Board of Trustees, 737 Hawaii Street, El Segundo 1%,. % Ms Levee stated that while the supporters of this pro ect are plejsd with the education in this community, they believe, 4nd�esearch sh64, that there is a place for an independent highttool in the South Bar she stated that there are approximately 1b,004 high cphool aged children living the South Bay, yet between the citie4 f . V8egundo and Torrance, there is not one independent high aG`tipol, and she highlighted comparisons with othef,,, ties that su 'port multiple, independent high schools, many of which aj��jocated in close proximity to some excellent public high schools a She;, gtnted out thalt it isn't Vistamar's intention to compete with El Segundd 144 ,§chool nor with any public high school in the South Bay, explained that their model is very different in that V'istai*r will have an intimate educational environment that will unable the s to have all classes, an average size of 16 students, and that at full capacity, school enrollment will be under 400 She stated tha stw leS*skk4?vvw there are 190 students in El Segundo who haVe °trade a'C ice to ttehd independent or parochial schools, many of which re ouislide El Segundo, and she noted that this will present families with• another choice, one that is located within this community Ms Levee stated„ that El ,Segundo was selected because of its numerous square fooage In unoccupied commercial and office space to accommodate this kppd, and that they found El Segundo to be a hospitable and open environment She added that Vistamar will be taking approximately X6,000 square feet off the marketplace, that they will be running a viable and vital business in this town, that this business will be paying rent, paying property taxes and hiring employees She expressed her belief that this is an appropriate use of this property, advised that there are a number of independent schools located throughout the greater Los Angeles area that are successfully located within commercial and light industrial areas, such as Crossroads and Newroads Schools in Santa Monica She noted that the approximate 76,000- square -foot building is ideal for Vistamar's 3 El Segundo Planning Commission 4 hi Minutes, February 24, 2005 purposes; that it is located In the Wlseburn School District at the Intersection of three very different communities, with excellent access to freeways and to public transportation, and added that the property has adequate space for the anticipated classroom needs, ample parking, and excellent security She expressed her belief that the surrounding area is conducive for an academic school, pointing out that the Xerox complex is in the immediate vicinity Ms Levee advised that the Wlseburn professional staff has warmly and enthusiastically welcomed Vistamar School, noting that they recognize the compatibility of mutual aims /goals, and stated that this will be an incredible opporturitty to collaborate for the good of all the students Ms Levee advised that there have been numerous meetings wll] Ahe Ei Segundo School Board, that they have carefully listeppd and attempted to address their concerns, and she stated that if this proposaWS, approved this evening, the dialogue with the E�j.;$egundo School Board 4 will continue because of their interest In collaborating with public educators in the interest of all the children in tftis.%,area. Ms Levee ` commented on some of the possible cooperative mitu ties, which might include summer school programs, teacher training, clubt, and activities, art council and community service activitips,,and she urgediapproval of this request Bernadette Minton, El Segundo Ms Minton stated that 'the has two children and expressed her support for Vistamar School, expiessing her belief thatAtAs important to have a wide range of choices, 614)CShe"' that she Is excited about their global perspective'AT,gducation�'and academfc excellence, {x s Angel Houghton, 358 Loma Vista`Skaet 4� :i 4 Ms Houghton stated that she is an enthusiastic supporter of Vistamar School and that ,,she Is pleased with its mission to offer first -rate academics with a gtobai ppmpective and an intimate environment, and noted the importanceW providing another option for education Suzanne Fuentes, El Segundo Ms Fuentes stated that this is an exciting opportunity for the community and she encouraged the Commission to approve this request Dr Don Brann, 640 California Street Dr Brann noted that he is the superintendent of the Wlseburn School District, he commended staff for an excellent report on this project, 147 4 El Segundo Planning Commission Minutes, February 24, 2005 pointed out that there is a wide mix of uses in this business park, stated that the Wiseburn School Board unanimously passed the resolution in support of Vistamar School, believing that competition between schools, public or private, stimulates school improvement, and in his role as the superintendent of the Wiseburn School District and as a citizen of El Segundo, he urged the Commission to approve this request Lone McConnahey. 119 East Pine Avenue, El Segundo Ms McConnahey urged the Commission to approve this requiist Kevin Bangle, 708 East Palm Avenue, El Segundo Mr Bangle stated that he is excited to have another choice for selectit his children's education 1\1 Chairman Funk questioned the parking strategy r thd' possible full capacity of the 450 -seat gymnasium Dale Goldsmith, Esq , representing the appticant Mr Goldsmith expressed his belief that,the extra6urnculat activities, such as volleyball and basketball, will not create a huge parking demand, believing that�family,4Td friends `Will be the` ones attending those 3 00 p m gymnasium gaii5es; stated that this private school has more parking than just about any school he has represented, that it is a parking -rich environment, aJi:4 jnotegffi, ## the only event that one would anticipate a large gathering tbuld be graduation — noting that it is his understanding the grkWations veld be held offsite He added that if there are kny problems with parkI , Vistamar will seek to alleviate those problems by utilizing,)bOsite pang and /or shuttling service Y Chairman Funk,rgiterated her concern with the possibility of overflow parking, highlighting such ivents as back to school night, and she asked for more reass'UMnce for additional parking accommodations Mr Goldsmith stated that they can make arrangements with the surrounding businesses, provide shuttles or other techniques to make sure there is no problem with parking Chairman Funk stated that it would be her preference to condition additional parking arrangements when attendance is expected to 300 people Chairman Funk questioned how the school plans to conduct its 148 EI Segundo Planning Commission Minutes, February 24, 2005 recreational activities that use offsite facilities, such as pools for water polo Mr Goldsmith noted that there is no commitment for certain recreational activities, and stated that if the school were to Implement a water polo team, they would find a location that would have adequate space to accommodate this activity on a permanent/continuous basis. Commissioner Wagner questioned if the gymnasium holds 450 ,people or 450 bleacher seats Joe Pica, protect architect Mr Pica noted for Commissioner Wagner that thera,We approxim;, ly 250 bleacher seats, and that ultimately, 450 total people will be abCe tcz fit in the gymnasium — about 15 square feet per person He noted that this is only a single court Chairman Funk questioned what the height of the gy4iiisium will be In response to Chairman Funk's inquiry, Nf. Pica stated that, Vistamar will stay completely within the existing shell of�tta budding, Which is 30 feet Highlighting Chairman Furfk1s,%zoncern witl parking, Assistant City Attorney Berger statect;that adotbrial parking requirements cannot be imposed on this project tsiecauself meets code fequirements, but stated that Mr Goldsmith mdicat ci ilia p r n! "'Would agree to obtain a k x special events pariftit,pursua ifAo the co e.tri the event that there was a special event with rnore than 3Cdpeople present � ry. Mr Goldsmith agreed thatliik could'be one approach and stated that if there is an event that is re4aonably expected to have more than 300 people present, 'Vistamar wdUld make suitable arrangements to make sure there was aoeq' "te paring, such as offsite/remote parking with a shuttle, shared parking with an adjacent use, or mandatory carpooling Assistant City Attorney Berger explained that this is not a condition that can be imposed, that it would be a voluntary arrangement between the applicant and the City, and stated that this suggested arrangement can be forwarded to City Council for final consideration Mr. Goldsmith noted his concurrence, noting that they share the same parking concerns There being no further input, Chairman Funk closed the public hearing El Segundo Planning Commission 14 Minutes, February 24, 2005 Commissioner Frick expressed her belief that parking In this area is not a huge concern; stated that she attended a similar sized school and that parking was not a problem, and noted that in order to alleviate parking problems, the school rotated the parent/teacher nights for various grades She stated that this is an excellent opportunity for the community Commissioner Wagner asked to speak with the applicant Chairman Funk re- opened the public hearing 1 Commissioner Wagner asked if the outdoor furn pi iii dq be permanently affixed and asked for input on fencing of thit site. Mr Goldsmith stated that the tables will be peq nently affixed, Ad stated that they do intend to install fencing yore students regularly, gather Mr Pica noted for Commissioner Wagner that there's a mitigation measure requiring a 10 -foot wall al$rig the eastern pf0perty line to provide security /safety with respect ``to they adjacent u e and a decorative fence around the front seatincj%,a Chairman Funk closed the public hearing Commissioner Kretzmer noted foKthe record that, as requested by the applicant, he met with W, Bucoelt, Ms Levee, and Ms Schmidt to discuss this proposal, he thantnpreked e for the opportunity to meet, noting that they presented att ssive project, and he thanked staff for a concise, accur6U irdl info'Aative report He expressed his belief that this is a wonderful I4r6ject, stated that offering public and private high schotls in close promMity to each other benefit each school and benefit the community, and stated that this school will give El Segundo further exposure and will be a great draw for new residents He stated that this is a great8e of the available site, noted that Vistamar meets the requirements an&ffiirtie would enthusiastically send this to Council for approval He thanked everyone involved for their efforts in this endeavor Commissioner Wagner stated that Page 22, Section 9, should be amended, adding the word "and" after the word "school " He echoed Commissioner Kretzmer's comments Chairman Funk noted for the record that she met with Mr Buckheit, Ms Levee and Ms Schmidt to discuss this proposal, and she thanked them for their Input and their efforts in this endeavor She expressed her 7 El Segundo Planning Commission 1 0 Minutes, February 24, 2005 belief that this school will benefit this community and the surrounding communities and noted her delight that this may provide an opportunity for shared resources, such as summer school, service programs, arts council, and for global educational opportunities. Commissioner Wagner moved, seconded by Commissioner Frick, to MOTION approve Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, thus adopting Resolution No 2580 Passed 4 -0 None None None None 3 ttl•� 5 ` PUBLIC HEARINGS, CONTINUED BUSINESS �w N;; , yy. None There being no further &sousslon the meeting Wat§ adjourned at 806pm PASSED A14 PPROVED ON THIS 10'h DAY OF MARCH, 2005 Seimone Jurjis, Secretary of the Planning Commission and Director of Planning, Building Safety Robin Funk, Chairman of the Planning Commission City of El Segundo, California REPORT FROM DIRECTOR PUBLIC COMMUNICATIONS PLANNING COMMISSIONERS' COMMENTS OTHER BUSINESS ADJOURNMENT 8 El Segundo Planning Commission Minutes, February 24, 2005 151 City of El Segundo DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322.4167 www.elsegundo.org REVISED ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -656, CUP 04 -6. DA 04 -1 BACKGROUND 1. Project Title: Vjstamar School 2. Lead Agency Name and Address City of El Segundo, 350 Main Street, El Segundo, CA 90245 3. Contact Person and Phone Number: Paul Garry, Senior Planner. (310) 524 -2342. 4. Project Location: 737 Hawaii Street, El Segundo, CA 90245 5. Project Sponsor's Name and Address. Vistamar School, 737 Hawaii Street, El Segundo, CA 90245 6 General Plan Designation: Light Industrial 7. Zoning, Light Industrial (M -1) 8 Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation Attach additional sheets if necessary) The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an existing approximately 75,600 square -foot budding in the Light Industrial (M -1) Zone that will be refurbished and reconfigured to provide the school with a one -story (30 -foot) budding containing approximately 75,600 gross square feet The school will feature a total of 22 classrooms, which will include 15 standard classrooms, 4 science labs, 2 arts classrooms and 1 performing arts classroom In addition, the school facility will provide other student - serving ancillary areas such as a library, cafeteria, gymnasium, student center as well as other ancillary areas for administrative offices /services and storage Parking will be provided on -site for 155 vehicles, in excess of the 154 parking spaces required by Code (i e 7 spaces per 22 classrooms) The campus will also provide approximately 14,568 square feet of landscaped areas as well as 62,857 square feet of hardscaped areas The project will be implemented in two phases During the 2005/2006 school year only seven classrooms with for approximately 120 students would be constructed The full build -out of the school would take place for the 2006/2006 school year The project includes a Conditional Use Permit (CUP 04 -6) and a Development Agreement 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The City of El Segundo is located in the Los Angeles urban area and is considered part of the Airport/South Bay subregion The City of El Segundo is situated between Los Angeles International Airport to the north, the City of Los Angeles Hyperion Wastewater Treatment Plant and the Department of Water and Power Scattergood Generating Station and the Pacific Ocean to the west, the Chevron oil refinery and the City of Manhattan Beach to the south, and Del Aire (a Los Angeles County island) and the City of Hawthorne to the east 15 P. The proposed location of the conditional use is within a light industrial area featuring predominantly light industrial, office, and warehouse buildings There is a self- storage facility, Southern California Edison power lines, and Metro Greenlme tracks to the south of the project site There is a parking lot and residential uses to the east, and light industrial uses to the north and west of the project site 10. Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement ) B-M, 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below (X) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following, I find that the proposed project COULD NOT have a significant effect on the environment, and a Aesthetics NEGATIVE DECLARATION will be prepared Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, there will Public Services not be a significant effect in this case because revisions in the project have been made by or agreed Agricultural Resources to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared Hydrology/Water Quality I find that the proposed project MAY have a significant effect on the environment, and an Recreation ENVIRONMENTAL IMPACT REPORT is required Air Quality I find that the proposed project MAY have a "potential significant impact" or "potentially significant Land Use /Planning unless mitigated" impact on the environment, but at least one effect (1) has been adequately Transportation/Traffic analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed Biological Resources by mitigation measures based on the earlier analysis as described on attached sheets An Mineral Resources ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to Utilities /Service Systems be addressed Cultural Resources I find that although the proposed project could have a significant effect on the environment, because Noise all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Mandatory Findings of Si ni icance DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to Geology /Sods that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Population /Housing imposed upon the proposed project, nothing further is required DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following, I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed X to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required Seimone Jugis, Director of Planhing Ynd Budding Safety, and, Secretary of the Planning Commission City of El Segundo Vale/ 15 "It IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects explained where i t eis based on project-specific specific factors fast well asegenerral standards (e gt the answer e project will oe expose sensitive receptors to pollutants, based on a project- specific screening analysis) 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project- level, indirect as well as direct, and construction as well as operational impacts 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced) 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063 (c) (3) (d) In this case, a brief discussion should identify the following (a) Earlier Analysis Used Identify and state where they are available for review (b) Impacts Adequately Addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis (c) Mitigation Measures For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the protect 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e g general plans, zoning ordinances) Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 8) This is only a suggested form, and lead agencies are free to use different formats, however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected 9) The analysis of each issue should identify (a) the significance criteria or threshold used to evaluate each question, and (b) the mitigation measure identified, if any, to reduce the impact to less than significance Issues and Supporting Information Potentially Less Than Less Than No Impact X Significant Significant Significant Impact With Impact X hl hwa ? Mitigation c) Substantially degrade the existing visual character or quality of the site Incorporated 1. AESTHETICS. Would the project a Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic X hl hwa ? c) Substantially degrade the existing visual character or quality of the site X and its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? 2. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project? a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- X agricultural use? 3. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations Would the project a) Conflict with or obstruct implementation of the applicable air quality X Ian? b) Violate any air quality standard or contribute substantially to an existing X or projected air quality violation c) Result in a cumulatively considerable net increase of any criteria pollutant for which the protect region is non - attainment under an applicable federal or state ambient air quality standard (including X releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X 4. BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, X or by the California Department of Fish and Game or U S Fish and Wildlife Service? b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U S Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc ) through direct removal, filling, X hydrological interru tion, or other means? d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory X wildlife corridors, or impede the use of native wildlife nursery sites? a' , .LJ r; Issues and Supporting Information Potentially Less Than Less Than No impact resources, such as a tree preservation policy or ordinance? Significant Significant Significant f) Conflict with the provisions of an adopted Habitat Conservation Plan, Impact With Impact Natural Conservation Community Plan, other approved local, regional, Mitigation X or state habitat conservation plan? Incorporated e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, X or state habitat conservation plan? S. CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical X resource as defined in Section 15064 5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064 5? c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? d) Disturb any human remains, including those interred outside of formal X cemeteries? 6. GEOLOGY AND SOILS Would the project a Expose people or structures to potential substantial adverse effects, inclu ing the risk of loss, in u or death involving (I) Rupture of a known earthquake fault, as delineated on the most recent Alqwst- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence X of a known fault? Refer to Division of Mines and Geology Special Publication 42 u Strong seismic ground shaking? X ui Seismic- related ground failure, including liquefaction? X iv Landslides? X b Result in substantial sod erosion or the loss of topsoil? X (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X Building Code (1994), creating substantial risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not X available for the disposal of waste water? 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or the environment through the X routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or X proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as X a result would it create a significant hazard to the public or the environment? e) 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 X use airport, would the project result in a safety hazard for people residing or working in the project area? Fora project within the vicinity of a private airstrip, would the project X 1a "1 Issues and Supporting Information Potentially Significant Less Than Significant Less Than Significant No Impact area'? Impact With Impact g) Impair implementation of, or physically interfere with an adopted Mitigation X emergency response plan or emergency evacuation plan7 Incorporated result in a safety hazard for people residing or working in the project area'? g) Impair implementation of, or physically interfere with an adopted X emergency response plan or emergency evacuation plan7 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands7 8. HYDROLOGY AND WATER QUALITY Would the project a Violate any water quality standards or waste discharge requirements? X b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , X the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off- site7 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial X additional sources of polluted runoff? Otherwise substantially degrade water quality? X g) Place housing within a 100 -year floodplam, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood X hazard delineation ma h) Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee X or dam? Inundation by seiche, tsunami, or mudflow? X 9. LAND USE AND PLANNING Would the project a Physically divide an established community? X b) Conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) X adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X communities conservation lane 10 MINERAL RESOURCES Would the project a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state's b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other X land use plan? iJ$ Issues and Supporting Information Potentially Less Than Less Than No Impact Significant Significant Significant X Impact With Impact b) Exposure of persons to or generation of excessive groundborne Mitigation X vibration or groundborne noise levels? Incorporated 11. NOISE. Would the project result In a) Exposure of persons to or generation of noise levels In excess of standards established In the local general plan or noise ordinance, or X applicable standards of other agencies'? b) Exposure of persons to or generation of excessive groundborne X vibration or groundborne noise levels? c) A substantial permanent Increase In ambient noise levels In the protect X vicinity above levels existing without the project? d) A substantially temporary or periodic Increase In ambient noise levels In X the project vicinity above levels existing without the project? e) 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 X use airport, would the protect expose people residing or working In the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working In the protect area to excessive X noise levels? 12 POPULATION AND HOUSING. Would the project a) Induce substantial population growth In an area, either directly (for example, by proposing new homes and businesses) or Indirectly (for X example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction X of replacement housing elsewhere? 13. PUBLIC SERVICES Would the project result in 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 a Fire protection? X b Police protection? X c Schools? X d Parks? X e Other public facilities? X 14. RECREATION. a) Would the protect Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Does the project Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? 15. TRANS PORTATIONITRAFFIC. Would the project a) Cause an increase In the traffic which is substantial in relation to the existing traffic load and capacity of the street system (i e, result In a X substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for X designated roads or highways? c) Result in a change in air traffic patterns, Including either an increase In X traffic levels or a change In location that results in substantial safety 1;i Issues and Supporting Information Potentially Less Than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated risks? d) Substantially Increase hazards to a design feature (e g , sharp curves or X dangerous intersections ) or incompatible uses a g farm a uI ment '> e Result In inadequate emergency access? X Result In inadequate parking capacity) X g) Conflict with adopted policies or programs supporting alternative X transportation e g , bus turnouts, bicycle racks)? 16. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? e) Result In a determination by the wastewater treatment provider which services or may serve the project determined that it has adequate X capacity to serve the project's projected demand In addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statues and regulations related to X solid waste? 17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the X number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehisto ? b) Does the project have impacts that are Individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed in X connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? I V. ANSWERS TO INITIAL STUDY QUESTIONS 1. AESTHETICS a) Have a substantial adverse effect on a scenic vista? The proposed project site is currently developed and situated in an urbanized area of El Segundo Existing views in the project area encompass urban conditions, therefore, no scenic vistas would be affected by the proposed project Additionally, there are no scenic highways in the vicinity of the project that have visual access to the site Therefore, the project would have no impact on scenic highways Furthermore, there are no historic or scenic resources on the project site that would be affected by the proposed project No impact would occur and no mitigation is required b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? The project site is developed with an existing one -story industrial building While the project site does contain areas of vegetation, it does not contain any scenic resources such as trees, rock outcroppings, or historic buildings that could be affected during construction of the proposed project Additionally, the project site is not located within a State or County designated scenic highway The closest highways to the project site are the Century Freeway (1 -105) and the San Diego Freeway (1 -405), neither of which are designated as scenic highways No impact would occur and no mitigation is required c) Substantially degrade the existing visual character or quality of the site and its surroundings? The project would involve the conversion of an existing one -story industrial building into a private high school The building is approximately 30 feet in height and is of a comparable height to other buildings in the area Furthermore, the proposed development would incorporate landscaping throughout, would meet setback requirements, and would be designed to support a high level of visual quality and compatibility with surrounding properties Proposed landscape materials and placement would be shown on a Landscaping Plan, to be reviewed and approved by the City in conformance with Section 15 -2 -14 of the El Segundo Municipal Code (ESMC) The project would also be visually compatible and similar in height and mass with other existing development in the vicinity of the project Based on the above, and in recognition of subsequent development and City review of detailed architectural and design plans, the project would not substantially degrade the existing visual character of the site and its surroundings Insignificant impacts would occur and no mitigation is required d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed project would renovate an existing industrial building in a built out urban environment As a result of this development, minimal new sources of light and glare would be introduced into the area including nighttime lighting from the clerestory windows Depending upon the amount of lighting, height of any new fixtures, and their locations, these lighting fixtures and associated glare may be visible from adjacent properties or passing motorists As a result, the introduction of new sources of light and glare, would incrementally increase ambient light and glare However, the increase would occur in an area with already high ambient lighting levels, and would not be substantial or out of character with levels of light and glare expected in an urban area or already existing on the project site Additionally, the nearest residential use is located approximately 350 feet to the east of the project side on the east side of Aviation Boulevard Those residential properties abutting Aviation Boulevard in the project vicinity have block walls facing Aviation Boulevard, which provide shielding from any new nighttime light sources from the subject property Insignificant impacts would occur and no mitigation is required 10 161 2. AGRICULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non - agricultural use? The project site is located in an industrialized and urbanized area and is not used for agricultural purposes Based upon the Farmland Mapping and Monitoring Program for the California Resources Agency, the project site is not designated as prime farmland, unique farmland, or farmland of statewide significance No impact to farmland would occur and no mitigation is required b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project site is located in an industrialized and urbanized area currently occupied by a variety of office and industrial uses The project site and vicinity are zoned for industrial uses, and no Williamson Act contracts apply Therefore, the proposed project would not conflict with any existing agricultural zoning or a Williamson Act contract No impact is anticipated and no mitigation is required c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? The project site is not used or zoned for agricultural purposes Implementation of the proposed project would not result in the conversion of farmland to non - agricultural use No impact would occur and no mitigation is required 3. AIR QUALITY a) Conflict with or obstruct implementation of the applicable air quality plan? The project site is located within the South Coast Air Basin (Basin), which is generally characterized by poor air quality State and federal air quality standards are often exceeded in the Basin, with Los Angeles County among the highest violators of all counties in the state of California The Basin is currently in non - attainment for ozone, fine particulate matter, and carton monoxide based on federal and state air quality standards The project site is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD) Together with the Southern California Association of Governments (SLAG), SCAQMD is responsible for formulating and implementing air pollution control strategies throughout the Basin The Air Quality Management Plan (AQMP) was adopted in 1997 to establish a comprehensive air pollution control program that would lead to the attainment of state and federal air quality standards The SCAQMD has also established screening thresholds to evaluate potential impacts associated with operation of the proposed project Project operations could increase vehicle emissions generated by mobile sources as well as emissions generated by stationary sources through the use of natural gas and electricity The project site is currently designated as Light Industrial in the El Segundo General Plan and is zoned as Light Industrial (M -1) in the El Segundo Municipal Code The M -1 zone allows schools with the approval of a Conditional Use Permit The proposed use is consistent with the City's General Plan land use and zoning designation The proposed project is not anticipated to conflict with or obstruct implementation of the South Coast Air Quality Management District (SCAQMD) Regional Air Quality Management Plan (AQMP) No impact would occur and no mitigation is required 11 i�� b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation. The proposed project does not involve grading or new construction other than interior improvements As such, interior tenant improvements are not anticipated to result in the creation of air pollutant emissions, such as fugitive dust PM -10), carbon monoxide (CO), nitrogen dioxide (NO2) and sulfur dioxide (SO2), Asbestos sampling was conducted by ATC Associates, Inc and testing was conducted by Hygeia Laboratories (an accredited testing laboratory) in 1999 and found no evidence of asbestos in any of the sampled building materials' City staff has independently reviewed the Phase I Site Assessment and concurs with the results Consequently, there is no evidence that the existing building contains asbestos and, accordingly, it is not anticipated that the minor improvements proposed by the project would result in a potential release of asbestos During operation of the project, regional emissions would be generated by mobile and stationary sources Mobile emissions from PM -10, CO, reactive organic gases (ROG), NOZ, and SOZ would occur as a result of project- related motor vehicles traveling to and from the project site However, based on the traffic study conclusions, which anticipates 400 more project- related average daily trips than the previous use of the building, no significant increase in mobile emissions above current ste levels is anticipated The mobile source emission would not exceed SCAQMD significance thresholds Stationary source emissions would occur indirectly from site operations, but are unlikely to significantly exceed current site emission levels Insignificant impact would occur and no mitigation is required c) Result in a cumulatively considerable net increase of any criteria pollutant for which the protect region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The South Coast Air Basin currently has a "severe" non - attainment status relative to State and Federal ozone, carbon monoxide (CO) and PM10 standards The proposed project involves the reconfiguration and refurbishment of an existing structure No construction of a new building or grading is proposed Mobile and stationary source emissions will be minimal and would not result in a cumulatively considerable net increase of criteria pollutants for which the project region has non - attainment status No impact would occur and no mitigation is required d) Expose sensitive receptors to substantial pollutant concentrations? SCAQMD protocol utilizes localized CO concentrations to determine potential effects related to pollutant concentrations This criteria pollutant is most likely to concentrate and cause impacts The proposed project is not in the immediate vicinity of sensitive receptors to pollutants In addition, operational traffic from the project is not anticipated to result in CO hotspots at off -site intersections located near sensitive receptors No impact would occur and no mitigation is required e) Create objectionable odors affecting a substantial number of people? Construction and operation of the proposed project is not likely to produce objectionable odors Although science labs and the school cafeteria may at times produce odors, such odors will be contained and treated as necessary within the areas of the project specifically designed for such uses Insignificant impact would occur and no mitigation is required 4. BIOLOGICAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? The project site is currently developed with a one -story industrial building, surface parking lots, and landscaping The property is located in an urbanized area of El Segundo There are no identifiable biological resources located on site Only a limited number of introduced plant species associated with Phase I Environmental Site Assessment, AEI Consultants, July 9, 2004 12 9 � '� lbo the landscaping and typical of an urban environment can be found on site These are not considered rare or endangered There is no suitable habitat for sensitive animal species adjacent to the project site or within the immediate area Furthermore, there are no riparian or other sensitive habitat areas located on or adjacent to the project site Due to the urbanized nature of the project site and surrounding areas, implementation of the project would not result in adverse impacts to endangered, threatened, or rare species or their habitats identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service No impact would occur and no mitigation is required b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U. S. Wildlife Service? The project site is located in an urbanized area of El Segundo Development on the site includes a one - story industrial building, surface parking lots, and areas with landscaping There is no existing wetland habitat, including marsh, riparian, or vernal pool habitat, within or adjacent to the project site Implementation of the proposed project would not result in any adverse impacts to wetland habitats Therefore, no impact would occur and no mitigation is required c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The project site is located in an urbanized area and does not contain any known natural drainage courses or water bodies Development on the site includes a one -story industrial building, surface parking lots, and areas with landscaping There is no existing wetland habitat, including marsh, riparian, or vernal pool habitat, within or adjacent to the project site Implementation of the proposed project would not result in any adverse impacts to wetland habitats Therefore, no impact would occur and no mitigation is required d) 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? The proposed project site is located in a highly urbanized area that is used for office, research and development, manufacturing, and warehouse activities There are no large vegetated areas on the site It is fenced on three sides and does not directly connect to any open space areas Therefore, no wildlife corridors or native wildlife nursery sites exist on the project site The proposed project would not interfere with the movement of any resident or migratory fish or wildlife species No impact would occur and no mitigation is required e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The project site does not contain any trees or vegetation that are considered sensitive or protected and no trees in the public right -of -way would be impacted by the proposed project The City does not have any regulations protecting on -site trees Therefore, the proposed development would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance No impact would occur and no mitigation is required Q Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan? The project site is located in a highly urbanized area and is currently developed with office, research and development, manufacturing, and warehouse uses There are no known locally designated natural communities on the project site or in the immediate vicinity The proposed project site is not subject to, and therefore would not conflict with, the provisions of any adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan 13 161,1 There are no such conservation plans in the City of El Segundo No impact would occur and no mitigation is required 5. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? The project site is currently developed with a one -story industrial building and surface parking lots The existing building was constructed in 1964 There are no known historic resources located on the project site There are no buildings located on the site or in the site vicinity that are currently listed in or eligible for listing in the National Register of Historic Places, California Register of Historic Resources, or any local register of historic resources Implementation of the project would not cause a substantial adverse change in the significance of a historical resource No impact would occur and no mitigation is required b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? The project site is located in a highly urbanized area and is currently developed with a one -story industrial building and surface parking lots The project site has been extensively disturbed and no archaeological resources are known to exist on the project site The construction of the proposed project will not involve excavation and is thus not anticipated to reveal archaeological resources at the site Moreover, there is no evidence that archaeological resources exist at this developed site Implementation of the proposed project development would not cause a substantial adverse change in the significance of an archaeological resource No impact to archaeological resources would occur and no mitigation is required c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Any surficial paleontological resources should have been discovered during the initial grading and construction of the existing building, parking lots, and landscaping Accordingly, it is improbable that any paleontological resources exist at the project site A significant impact is unlikely and no mitigation is required d) Disturb any human remains, including those interred outside of formal cemeteries? The project site is located within a heavily urbanized area that has been previously developed Within the project area, any traditional burial resources, which include archaeological sites, burial sites, ceremonial areas, gathering areas, or any other natural area important to a culture for religious or heritage reasons, would likely be associated with the Native American group known as the Gabrielino No known human remains, human burial grounds or traditional burial sites have been identified within the project site or in the vicinity Nonetheless, any discovery of such resources would be treated in accordance with federal, state, and local regulations, including those outlined in the CEQA Guidelines Section 15064 5(e) Therefore, the proposed project would not disturb any human remains No significant impact would occur and no mitigation is required 6. GEOLOGY AND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Prtolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 14 16 :i The proposed project site is located within the seismically active Southern California region and is subject to risks similar to that experienced by other developments of comparable size and type located in the project area Active faults known to exist in the vicinity of the City of El Segundo include the San Andreas, Newport- Inglewood, Elysian, San Fernando, Sierra Madre and Verdugo Faults The Newport- Inglewood Fault is located approximately 3 miles from the project site No Algwst -Pnolo zones are located within the City of El Segundo The risk of surface rupture due to faulting is minimal The project would comply with all applicable City budding standards and regulations with regard to seismic safety Therefore, the potential to expose people to impacts from fault rupture resulting from seismic activity during the design life of the budding is considered less than significant No impact would occur and no mitigation is required (n) Strong seismic ground shaking? As indicated above, the project site is located in the seismically active Southern California region and, therefore, could be subject to strong ground shaking in the event of an earthquake However, compliance with the design and construction standards contained in the California Building Code (CBC) and the El Segundo Municipal Code would reduce potential seismic impacts to a less than significant level The applicant is also proposing to seismically upgrade the budding and roof to the current seismic safety standards even though it is not required to make such upgrades Compliance with these regulatory requirements would serve to reduce potential seismic impacts No impact would occur and no mitigation is required (m) Seismic- related ground failure, including liquefaction? Liquefaction is a condition where the sod undergoes continued deformation at a constant low residual stress due to the build up of high porewater pressures The possibility of liquefaction occurring at a given site is dependent upon the occurrence of a significant earthquake in the vicinity, sufficient groundwater to cause high pore pressures, and on the grain size, relative density, and confining pressures of the sod at the specific site The State Seismic Hazard Maps for the City of El Segundo show that the project area is not considered to be an area of high risk for liquefaction Therefore, the project would not have a significant impact and no mitigation is required (iv) Landslides? The project site and the surrounding areas are predominantly flat, with no large hills or slopes No landslides exist on the project site or in the project vicinity No impact would occur and no mitigation is required (b) Result in substantial sod erosion or the loss of topsoil? The topography of the site is generally flat which would preclude the potential for landslides or mudflows There are no known landslides near the site, nor is the site in the path of any known or potential landslides The proposed project involves the renovation and reconfiguration of an existing building Therefore, project impacts related to sod erosion or loss of topsoil are less than significant and no mitigation is required Therefore, no impact would occur and no mitigation is required (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? The proposed project involves the renovation and reconfiguration of an existing budding As such, no excavation, grading or fill is required Thus, the proposal would not result in or expose people to potential impacts involving the subsidence of the land No impact would occur and no mitigation is required 15 �b� (d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform Budding Code (1994), creating substantial risks to life or property? The proposed project involves the renovation and reconfiguration of an existing building As such no excavation, grading or fill is proposed Thus, the proposal would not result in or expose people to potential impacts involving expansive sods No impact would occur and no mitigation is required (e) Have sods 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? The proposed project is located in an urbanized area and is already connected to the existing sewer infrastructure Since the project would not involve the use of septic systems, no impact would occur No mitigation is required 7. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? The proposed project involves the limited use of potentially hazardous materials typical of office developments in urban environments, including cleaners, lubricants, and anticorrosion material for the air conditioning systems Limited quantities of hazardous materials for routine maintenance and cleaning of the budding would also be used These products would include common cleaning agents (e g , bleach, cleanser) and maintenance materials (e g , paints, fertilizer) These materials would be shipped, stored, used, and disposed of in accordance with applicable regulations The protect involves the refurbishment of an existing building and site The science laboratories to be used in the standard high school science curriculum may use hazardous substances in the ordinary course of instructing students (and thus pose a potential health hazard), but such use will be in strict conformance with all applicable safety regulations regarding such standard school lab use of the American Chemical Society Consistent with current practices, all potentially hazardous materials would be stored in appropriate facilities, used according to manufacturers' specifications, and disposed of in accordance with government standards and regulations Thus, project implementation would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials No impact would occur and no mitigation is required b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? The proposed project is not anticipated to result in a release of hazardous materials into the environment, with the possible exception of the science laboratories to be used in the course of standard high school science study Although the science laboratories may use hazardous substances in the ordinary course of instructing students, such use will be in strict conformance with all applicable safety regulations regarding such school lab use The proposed land uses will not use or store explosives including gasoline and propane) in association with the construction or operations of the facilities or in association with the science laboratories Any other chemicals used on site for cleaning or similar purposes will be cared for by trained custodial staff pursuant to all applicable safety requirements 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 in the environment is less than significant As such, no impact would occur and no mitigation is required A study2 commissioned by the applicant and independently reviewed by the City Fire Department, also evaluated the potential hazards to the students at the subject property from electromagnetic fields associated with nearby power lines, hazards associated with nearby fuel storage tanks, and the hazards s Evaluation of Potential Hazards at the Proposed Vistamar School Site, 737 Hawaii, El Segundo, California by Exponent, November 12, 2004 16 1 b 1 from diesel emissions from a cogeneration plant at a neighboring property The study concluded that there would be no adverse health effects on the school population from the operation of the existing Southern California Edison transmission lines adjacent to the property The study identified several underground and above ground gasoline, diesel, propane, and aqueous ammonia storage tanks associated with unmanned gasoline and diesel fueling stations at the property to the east of the school These facilities are operated by the Xerox Corporation The study concluded that the acute health impacts of thee facilities to the occupants of the school would be acceptable The study recommended that a masonry wall be constructed between the school and the gasoline /propane dispensing facility A ten foot high masonry wall in the southeast corner of the school property (120 linear feet) is included on the proposed plans as part of the project and will be required as a mitigation measure (MM -1) The study also evaluated the potential carcinogenic risk from emissions associated with Xerox's diesel cogeneration plant adjacent to the school Using an approved air dispersion model, the study concluded the health risk from exposure to emissions from this facility would be below thresholds established by state and federal regulations and therefore acceptable With implementation of MM -1 there will be a less than significant impact MM -1 A ten -foot high masonry wall must be constructed extending 60 feet north from the southeast corner of the property along the east property line and extending 60 feet west from the southeast corner of the property along the south property line c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? The proposed project is not anticipated to create any significant health hazard or potential health hazard The project involves the refurbishment of an existing budding and site The science laboratories to be used in the standard high school science curriculum may use hazardous substances in the course of their operations and thus pose a potential health hazard Mitigation Measure (MM -2), requiring use of such substances in strict conformance with all applicable safety regulations regarding such standard school lab use will reduce the potential impact to an insignificant level As such, with implementation of MM -2 there will be a less than significant impact MM -2 potentially hazardous substances must be in handled strictly in conformance with the American Chemical Society publication entitled "Chemical Safety for Teachers and Their Supervisors ", and any other governmental regulations for the storage, handling, and use of hazardous materials d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? The project site is not on a list of hazardous materials compiled pursuant to Government Code Section 65962 5 The record search performed as part of the Phase I Environmental Site Assessment identified an underground storage tank on the subject property and identified the former use of the property by Xerox as a small generator of hazardous waste The Phase I Assessment concluded that the underground storage tank was actually located on the adjacent parking lot to the east and that there were no reported spills associated with the previous waste handling on site Consequently, it is improbable that there would be a significant impact from any previous hazardous materials use on the site No mitigation is required e) 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? The project site is located approximately 2 5 miles south of Los Angeles International Airport (LAX) It is not located within the boundaries of the airport's land use plan The project site is not located within 2 miles of any other airport No impact would occur and no mitigation is required 17 168 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The project site is not located within the vicinity of a private airstrip and would not result in a safety hazard for people in the project area No impact would occur and no mitigation is required g) Impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project would be required to conform with all applicable City of El Segundo emergency response and/or emergency evacuation plans The proposed project 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 conform to all applicable City of El Segundo emergency response and /or emergency evacuation plans The project site is accessible to emergency vehicles from Hawaii Street, which links to two major north -south streets (Douglas Street and Aviation Boulevards) No changes to the access driveways are proposed and no street closures are proposed With adherence to City regulations, impacts would be less than significant and no mitigation is required h) 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? The proposed project site features an existing building and parking lot in a developed, highly- urbanized area As such, the project will likely not increase fire hazard in any areas with flammable brush, grass or trees No impact is anticipated The proposed project site is located in an urbanized area and is not situated near any wildlands No impact related to wildfires would occur as a result of the proposed project and no mitigation is required 8. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? The proposed project involves the reconfiguration and refurbishment of an existing structure The project site itself will not be reconfigured Therefore, the project would not result in adverse water quality impacts and no mitigation measures would be necessary b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Implementation of the proposed project would not significantly alter the permeable surfaces on the project site The proposed project involves the reconfiguration and refurbishment of an existing structure No groundwater wells or pumping activities are proposed as part of the project development As neither construction nor operation of the proposed project would involve extraction or withdrawal of groundwater, the proposed project would not alter the direction or flow rate of groundwater Therefore, the proposed project would not substantially deplete the existing groundwater supplies No impact would occur and no mitigation is required c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? There are no streams, rivers, or other water bodies located on the project site or in the immediate vicinity of the project site The project site is graded and developed, and no meaningful change in the drainage pattern of the site is expected Furthermore, there are no streams or rivers in the vicinity that would be affected by erosion or siltation Surface water runoff from the project site discharges into the City's 18 16,1 stormwater system The project would not increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site Therefore, no impacts associated with changes in drainage patterns or flooding would occur and no mitigation is required d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? There are no streams, rivers or other water bodies located on the project site or in the immediate vicinity of the project site The proposed project involves the reconfiguration and refurbishment of an existing structure The project site itself will not be reconfigured Thus, no changes in absorption rate, drainage patterns or the rate and amount of surface runoff are anticipated Therefore, no impacts associated with changes in drainage patterns or flooding would occur and no mitigation is required e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? The proposed project would not significantly alter or increase the amount of stormwater runoff because the amount of impermeable surfaces would remain very similar Existing storm drain facilities in the project area are designed to accommodate the current flow Therefore, the project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff No impact would occur and no mitigation is required f) Otherwise substantially degrade water quality? The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed The project site itself will not be reconfigured Thus, no impacts to groundwater quality are anticipated No impact would occur and no mitigation is required g) Place housing within a 100 -year floodplam, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 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 the proposed project site The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed Therefore, the project would not place structures within a 100 -year flood hazard area, which would impede or redirect flood flows The project does not involve the construction of housing No impact would occur and no mitigation is required h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 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 the proposed project site The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction or grading is proposed Therefore, the project would not place structures within a 100 -year flood hazard area, which would impede or redirect flood flows No impact would occur and no mitigation is required i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The proposed project site is not located in a 100 or 500 year floodplain Additionally, there are no waterways or major dams located near the City of El Segundo' or the project site The proposed project involves the reconfiguration and refurbishment of an existing structure No new construction is proposed El Segundo General Plan — 1992, Public Safety Element 19 i () Therefore, the project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam No impact would occur and no mitigation is required f) Inundation by seiche, tsunami, or mudflow? The relatively flat site is located approximately 2 miles east of the Pacific Ocean and approximately 110 feet above mean sea level According to the El Segundo General Plan°, coastal portions of the City are identified by the State as tsunami hazard areas, but the residential portions of the City are located above the potential hazard area and are not at high risk The proposed project is approximately one mile south east of the residential area of the City at a similar elevation above sea level Therefore, the project site is not subject to inundation by seiches, tsunami, or mudflows The project site does not contain any enclosed bodies of water and is not located near any other large bodies of water No impact would occur and no mitigation is required 9. LAND USE AND PLANNING a) Physically divide an established community? The project site is located within an urbanized area, primarily consisting of light industrial /manufacturing and office uses In addition, the project would be served by existing and planned streets and infrastructure and would not physically divide an established community Therefore, no impacts with regard to dividing an established community would occur and no mitigation is required b) Conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The project site is located in the southeast quadrant of the City of El Segundo The site is designated in the General Plan as Light Industrial and has a zoning designation as Light Industrial (M -1) The M -1 Zone allows a mixture of office for research, professional and technical services, light manufacturing and laboratories Schools are also allowed with the approval of a Conditional Use Permit The maximum allowable floor area ratio (FAR) is 0 6 The existing building has an FAR of 0 5 The maximum budding height allowed in the M -1 Zone is 200 feet and the existing building is approximately 30 feet in height The existing and proposed uses would be consistent with the uses allowed by the General Plan and the M -1 zone No impact would occur and no mitigation is required c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? The project site is located within an urbanized area containing a variety of office and industrial uses The project site is not included within and therefore would not conflict with any established habitat conservation plan or natural community conservation plan No impact would occur and no mitigation is required 10 MINERAL RESOURCES a) 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? As described in the City's General Plan , the El Segundo Oil Field underlies the City of El Segundo There are no documented oil or gas wells within the subject property or in the immediate vicinity of the project site The EI Segundo General Plan does not identify the project site as a potential location for El Segundo General Plan — 1992, Public Safety Element City of El Segundo General Plan, Conservation Element, City of El Segundo, adopted December 1, 1992, page 7 -5 20 171 future recovery for any other mineral resources The project site is developed with a one -story industrial budding Therefore, the proposed project would not result in the loss of known economic mineral resources beneath the site, since any oil and gas resources could be extracted from off -site wells by slant drilling or other techniques Therefore, no impact would occur and no mitigation is required b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No classified or designated mineral deposits of statewide or regional significance are known to occur in the project area In addition, the project does not involve excavation Thus, the project is not anticipated to result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State No impact would occur and no mitigation is required 11 NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The project site is currently developed with a one -story industrial budding and surface parking lot Although noise levels will temporarily increase during renovation of the budding, the proposed construction will only involve only the reconfiguration and refurbishment of an existing budding rather than excavation and construction of a new building All construction activities are required to adhere to standards contained in the City's noise Regulations (e g hours of construction) Long -term operation of the proposed project is not anticipated to significantly increase the noise levels on the project site or at adjacent properties due to any increase in on -site activity or any associated increase in vehicle trips Insignificant impact would occur and no mitigation is required b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? The proposed is a school use which is not typically associated with severe noise levels The temporary construction and operations of the project will be required to adhere to standards contained in the El Segundo Municipal Code Long term operation of the proposed project would not create groundborne vibration or create excessive groundborne noise since the proposed uses are office and a research laboratory which will not create significant new noise sources Insignificant impact would occur and no mitigation is required c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Long -term operation of the proposed developments of the project would not significantly increase the noise levels on the project site and at adjacent properties due to the on -site activities or the associated vehicle trips There are no outdoor athletic facilities which typically might give rise to an increase in noise levels The impact from noise associated with increase vehicle activity is negligible Insignificant impact would occur and no mitigation is required d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Although noise levels may temporarily increase during renovation of the building, such construction is minimal as it will involve only the reconfiguration and refurbishment of an existing budding rather than excavation and construction of a new budding Project- related construction activities may slightly increase the existing noise levels at adjacent properties All construction activities on the project site would be required to adhere to the El Segundo Municipal Code Once operation of the buildings has begun, there would not be any temporary or periodic uses or activities associated with the project that would create substantial increases in noise There will be no school bells There may be an outdoor loudspeaker system to be used only on an emergency basis Based on the location of the building in an industrial zone near railroad track and the Metro Greenlme right -of -way, even if there were occasional use 21 �� of an outdoor loudspeaker system, it would not create significant noise impacts Impacts would be less than significant and no mitigation is required e) 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 expose people residing or working in the project area to excessive noise levels? The project site is located approximately 2 5 miles south of Los Angeles International Airport (LAX) and is not located within the airport's land use plan No impact would occur and no mitigation is required f) 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? 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 would occur and no mitigation is required 12. POPULATION AND HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project does not include any residential land uses that would result in a direct population increase within the City of El Segundo Likewise, the project does not involve the extension of roads or other infrastructure into areas that would induce residential development and associated population increases In addition, the implementation of the proposed protect would likely not increase the existing population within the City of El Segundo as a result of the new jobs created and the potential to relocate to El Segundo, because the number of new jobs (60) to be provided by the proposed project is minimal Insignificant impact would occur and no mitigation is required b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The project site does not contain any residential land uses As such, the proposed project would not result in the displacement of persons or homes No impact would occur and no mitigation is required c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 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 Therefore, construction of replacement housing is not required No impact would occur and no mitigation is required 13. PUBLIC SERVICES Would the protect result in 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: a) Fire protection? Implementation of the proposed project would not result in new development on the project site The proposed new use is not anticipated to significantly increase the demand for services provided by the El Segundo Fire Department The El Segundo Fire Department (ESFD) provides fire and emergency 22 1 ' 'l 7 ,, medical services within the project vicinity Fire Station 2, located approximately one mile to the north of the project site at 2161 East El Segundo Boulevard and would provide first -in response to the project site The increase in the number of occupants on the protect site would generate minimal additional demands on local fire and emergency medical services during school days This change in building occupancy would increase the number of employees, visitors, vehicular and pedestrian traffic in the immediate protect vicinity There will be a small increase in the on -site population from approximately (4 (based on 3 5 students and 601 employees) and therefore a emimm l increase ste innthe pot ntialrlfor additional emergency services Less than significant impact would occur and no mitigation is required b) Police protection? Implementation of the proposed protect would not result in new development on the protect site The proposed school will provide its own private security The El Segundo Police Department (ESPD), which is located at 348 Main Street, provides police protection services to the protect site The ESPD is officers per 1,000 residents and an currently staffed with 69 officers, resulting in an officer to resident population ratio of approximately 4 3 1,000 people Average esponse time o'r Priority o 1 emergency Population calls st'le sfthanrone mint to officer per The proposed use will result in an increase in the number of persons on -site, between the employees (approximately 60 at full enrollment) and students (approximately 400 at full enrollment) This change would increase the number of employees, visitors, vehicular and pedestrian traffic in the protect area and may result in increased demands for police protection services from the El Segundo Police Department The ESPD does not have an established ratio (i e , based on additional floor area or additional number of employees) to determine the actual increased demand on department staffing, response time, and equipment as a result of new development Rather the ESPD encourages the applicant to incorporate crime prevention strategies into the proposed protect to reduce potential impacts on the ESPD Less than significant impact would occur and no mitigation is required c) Schools? The proposed protect does not include residential uses that could directly increase population within the City and increase existing demands for public schools The potential for an indirect populations increase from new jobs created by the protect is not significant given the limited number of new jobs the protect will create (approximately 60) The protect site is located in the Wiseburn Elementary School District and the Centinela Valley School District If approved, the proposed protect would likely reduce the burden on the existing public high schools in the City and surrounding area to provide new school facilities since students who would attend the new Vistamar School might have instead matriculated into other area public high schools No impact would occur and no mitigation is required d) Parks? The proposed protect does not involve the construction of residential uses that would result in a direct increase in residential population within the City, which would increase existing demands on parks However, it is expected the students would use recreational facilities in the surrounding area because the subject property will not contain outdoor athletic facilities This potential increase is not anticipated to produce significant impacts on local parks At full buildout of the school, a multi- purpose gymnasium would be provided on site for student recreational activities Impacts associated with the conversion of the industrial building to a school would be less than significant No mitigation is required e) Other public facilities? The City of El Segundo has one main library located at 111 W Manposa Avenue No residential uses are proposed as part of the proposed protect Therefore, the protect would not result in a direct increase in library use as a result of new city residents The proposed school will contain its own library with extensive online library resources Traffic from the proposed protect would not create a significant demand for road maintenance services provided by the City Public Works Department Impacts would be less than significant and no mitigation is required 23 .17 4 14. RECREATION a) Would the project increase 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? 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 Although there may be an indirect population increase from the estimated sixty (60) new jobs generated by the proposed project, it is not anticipated that this slight increase in Population will intensify demand for existing parks and recreational facilities Moreover, a factor mitigating any speculative demand is the gymnasium that will be used on -site for school students See also the response to 13 d above Insignificant impacts would occur and no mitigation is required b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed protect includes the development of a gymnasium at full build -out of the school The gymnasium will be used be students for physical education and sporting events The use and construction of the gymnasium will not affect the environment other than as otherwise examined for the overall Project Any impact is insignificant and no mitigation is required 15. TRANSPORTATION/TRAFFIC a) Cause an increase in the traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Implementation of the proposed project would create new vehicle trips to and from the protect site The construction and renovation of the existing building and conversion of its use to a private high school would result in an incremental increase of 399 trips per day Two hundred fifty -nine (259) of these trips would be generated in the A M peak hour This data is based on the Institute of Transportation Engineers, Trip Generation Manual, 61h Edition in a Traffic Stud Y6 prepared by the applicant and reviewed by the City's consultant traffic engineer The Traffic Study also analyzed the effects of this traffic on 17 intersections in the project vicinity The Traffic Study concluded that the project would not have a significant traffic impact at any of the studied intersections Based on this analysis, the proposed project will create a less than significant traffic impact and no mitigation is required b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Implementation of the proposed project would create new vehicle trips traveling to and from the project site Such traffic levels will not individually exceed a level of service standard established by the City of El Segundo or county congestion management agency for designated roads and highways The proposed Project will not contribute a cumulative impact due to the small amount of traffic that would be generated by the proposed project No impact would occur and no mitigation is required c) 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? 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 LAX or any other airport in the area No impact would occur and no mitigation is required Draft Traffic Study for the Vistamar School, Kaku Associates, October 2004 24 17.. d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? There are no existing hazardous design features such as sharp curves or dangerous intersections on -site or within the project vicinity The proposed project plans do not include changes that would create hazards relative to design features In addition, the project area currently consists of office and laboratory uses, and the proposed project would be compatible with these existing uses As such, implementation of the project would not create or increase hazards relative to a design feature or incompatible uses and no mitigation measures would be required e) Result in inadequate emergency access? The proposed project area is located within a previously developed area which currently contains sufficient emergency access If approved, neither the project design nor its operations would alter existing access conditions The applicant has not proposed any temporary street closures during the renovation and construction and no street closures are proposed Construction activities and staging areas would be confined to the project site and would not impair access to and around the project site Access to the site is from Hawaii Street One new driveway would be provided to create a looped parking lot travel path to facilitate student drop -off and pick -ups Emergency evacuation plans and procedures would be incorporated into the project site and building design plans and emergency access and circulation will be subject to review and approval by the El Segundo Fire Department As such, no impacts associated with inadequate emergency access would occur and no mitigation measures would be required f) Result in inadequate parking capacity? Upon completion, the proposed project would increase the on -site parking from 117 to 155 parking spaces The El Segundo Municipal Code (Section 15 -15- 36(11)) requires seven parking spaces per classroom The project proposes to construct a total of 22 classrooms (requiring 154 parking spaces), but during the first year of operation (2005 -2006 school year) only seven classrooms will be used Forty - nine (49) parking spaces would be required for those classrooms, the applicant will have 79 parking available Beginning for the 200612007 school year the budding could be fully occupied (22 classrooms and 400 students) and the full parking lot would be constructed The proposed school also will contain a gymnasium that may be used for sporting events that would attract students, parents and others after regular school hours The gymnasium will have seating for approximately 450 persons Based on the City's public assembly parking requirements (ESMC Section 15- 15- 3B(12)), 150 parking spaces would be required for the gymnasium use With 155 parking spaces, the site will provide sufficient on -site parking for this use if the gymnasium is not used for public events during school hours and if no more than 450 people occupy the gymnasium after school hours Mitigation measure 3 (MM -3) is required to permit a maximum occupancy of the gymnasium after school hours to ensure that sufficient on -site parking will be provided As a result, with implementation of MM -3 there will be a less than significant impact related to parking capacity MM -3 The occupancy of the gymnasium is limited to a maximum of 450 persons at any time and may oRty -be utilized for events which involve only students and faculty of the school during normal school hours t7 30 a m to 3 00 o m ) on school days After the hours of 3 00 p in on school days and all day on non - school days. the avmnasium may be used for events and activities which are open to the general public g) Conflict with adopted policies or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed project is not anticipated to be in conflict with the adopted goals and policies supporting alternative transportation The project would be accessible to other transit (e g, bus service) The proposed project would adhere to applicable policies or programs supporting alternative transportation The project will be required to install bicycle racks consistent with the City's Transportation Demand Management (TDM) regulations (eight minimum) No impact would occur and no mitigation is required 25 1176 16 UTILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Wastewater generated by the proposed project would be similar to that generated by office, research and development, and industrial projects, for which wastewater is treated by standard (primary, secondary, and tertiary) treatment processes Improvements associated with the proposed project would comply with all applicable wastewater treatment requirements of the Regional Water Quality Control Board No significant impact would occur from the proposed project and no mitigation is required b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project site is located in an urbanized area where existing water and sewer facilities are in place The City of El Segundo Water Division provides water service to the project area Wastewater transmission and treatment in the project area is under the jurisdiction of the Los Angeles County Sanitation Districts Implementation of the proposed project would result in a small increase in on -site water consumption and wastewater generation compared to the previous use of the site by DIfecTV The wastewater flow generated by the proposed project at full buddout is approximately 15,160 gpd (based on 200 gallons per day (gpd) per square foot for a school use 7) The previous industrial use of the building would have generated approximately 1,895 gpd of wastewater flow The Joint Water Pollution Control Plan (JWPCP) operated by the County Sanitation Districts currently processes between an average flow of 323 million gallons per day (mgd) of wastewater and has a capacity of 385 mgd' Adequate capacity exists to serve the proposed project Impacts to local or regional water treatment or distribution facilities would be less than significant and no mitigation is required c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The proposed project involves the refurbishment of an existing building for which storm drain capacity was previously considered and provided The project site will not be altered and as such the amount of impervious surfaces will not increase Thus, the need for new or altered storm water drainage is not anticipated due to the new school use No impact would occur and no mitigation is required d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The City of El Segundo relies on imported water, which is purchased from the West Basin Municipal Water District The West Basin Municipal Water District administers water supply and distribution for the Metropolitan Water District (MWD) of California The City of El Segundo Water Division provides water service to the project site The water use for the proposed project at full buddout is approximately 18,192 gpd (based on 240 gallons per day (gpd) per square foot for a school use') The previous industrial use of the budding would have used approximately 2,274 gpd of water There are sufficient water supplies available to serve the Los Angeles County Sanitation District's sewage generation factors, November 26, 2002, R &D use is assumed to generate the some rate of wastewater as a professional budding City of El Segundo, Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Draft Environmental Impact Report, October 2004 City of El Segundo, SepuivedalRosecrans Site Rezoning and Plaza El Segundo Draft Environmental Impact Report, October 2004 i ,7 26 1 proposed project and no expansions of water facilities would be required to support the proposed project No impact would occur and no mitigation is required e) Result in a determination by the wastewater treatment provider which services or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Wastewater transmission and treatment in the project area are under the jurisdiction of the Los Angeles County Sanitation Districts As discussed in Response 16 a and b above, adequate wastewater capacity exists to serve the proposed project Therefore, impacts to local or regional water treatment or distribution facilities would be less than significant and no mitigation is required f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Implementation of the proposed project would result in similar solid waste generated at the site on a daily basis compared to the previous industrial use by DirecTV Construction of the tenant improvements for the proposed project would generate a small amount of demolition debris that would be disposed of at a landfill Inert waste from construction activities, including asphalt, could be accepted at one of four following unclassified landfills within Los Angeles County Azusa Land Reclamation located in Azusa; Nu- Way Live Oak located in Irwindale, Peck Road Gravel Pit located in Monrovia, and Reliance Pit #2 located in Irwindale Since unclassified landfills in the County do not generally have capacity issues, inert landfills serving the site would have sufficient capacity to accommodate project construction solid waste disposal needs and no impact would occur No mitigation measures are required Solid waste generated by the operation of the proposed project would be disposed of at various landfills in the region since the ultimate disposal of solid waste is not regulated by the City The local landfill used by the various waste haulers is the Puente Hills Landfill, which is owned and operated by the County of Los Angeles Currently, remaining capacity of the Puente Hill Landfill is approximately 38 million cubic yards, with average daily intake of 12,000 tons 10 The proposed project would generate approximately 454 8 pounds of solid waste per day 11 This is approximately the same amount as produced by the previous industrial use of the property Since the amount of solid waste generation will not significantly change, there would be no significant impact on landfill capacity Therefore, based on the above, impacts to solid waste disposal would be less than significant and the project would comply with federal, state, and local statutes and regulations related to solid waste Therefore, no mitigation measures would be required g) Comply with federal, state, and local statues and regulations related to solid waste? The renovation and operation 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 would occur and no mitigation is required 17. MANDATORY FINDIINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ° Los Angeles County Sanitation District (LACSD), Final EIR for the Continued Operation of the Puente Hills Landfill, January 2003 http / /www lacsd org /puentehillseir /Final_EIR htm City of El Segundo, Corporate Campus Environmental Impact Report references the City of Santa Monica Master Environmental Assessment (2000) solid waste generation rates Industrial and community uses both generate 420 pounds per 10,000 square feet per week 1178 27 The proposed project site is currently developed and situated in a built -out urbanized area of El Segundo The school will be located in an existing approximately 75,600 square -foot budding The proposed Vistamar School project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory No significant impact would occur and no mitigation measures are required b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). The proposed protect does not include any significant short-term environmental effects, and, therefore would not impact be detrimental to the achievement of long -term environmental goals No impact would occur Although there are other past, current and probable future projects in the area surrounding the project site, the project's contribution to cumulative traffic, air quality, and other impact areas would be de mimmis (i e, environmental conditions would essentially be the same whether or not the proposed project is implemented) No significant impact would occur and no mitigation measures are required c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? As noted in the evaluations above, the proposed project would not result in any significant impacts Thus, the proposed project would not have the potential to result in substantial adverse effects on human beings No significant impact would occur and no mitigation measures are required VI. MITIGATION MEASURES MM-1 A ten foot high masonry wall must be constructed extending 60 feet north from the southeast corner of the property along the east property line and extending 60 feet west from the southeast corner of the property along the south property line MM -2 The4hand4ng- o4-8all potentially hazardous substances must be handled stnctiv in +a -stnst - conformance with the American Chemical Society publication entitled "Chemical Safety for Teachers and Their Supervisors ", and any other governmental regulations for the storage, handling, and use of hazardous materials MM -3 The occupancy of the gymnasium is limited to a maximum of 450 persons at any time and may enitFbe utilized for events which involve onlv students and facultv of the school durino normal school hours l7 30 VII. SOURCE LIST A Phase I Environmental Site Assessment, AEI Consultants, July 9, 2004 B Evaluation of Potential Hazards at the Proposed Vistamar School Site, 737 Hawaii, El Segundo, California by Exponent, November 12, 2004 C City of El Segundo General Plan, as amended (1992) a Circulation Element (2004) 28 17,9 b Housing Element (2001) c Conservation Element (1992) d Public Safety Element (1992) D City of El Segundo General Plan Land Use Map (2002) E City of EI Segundo Zoning Map (2002) F Draft Traffic Study for the Vistamar School, Kaku Associates, October 2004 G Institute of Transportation Engineers, Trip Generation Manual, 6th Edition H State Seismic Hazard Maps and Alquist Priolo Earthquake Fault Zone Map I Uniform Building Code, 1994 J City of El Segundo, Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Draft Environmental Impact Report, October 2004 K Los Angeles County Sanitation District (LACSD), Final EIR for the Continued Operation of the Puente Hills Landfill, January 2003 L City of El Segundo, Corporate Campus Environmental Impact Report, May 2001 P Tlannmg & Building Safety\Projects\651.675t656XEa -656 initial Study revised doc 4 Q () 29