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CC RESOLUTION 4772 RESOLUTION NO. 4772
A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT
REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 890; ADOPTING
A STATEMENT OF OVERRIDING CONSIDERATIONS; AND
ADOPTING GENERAL PLAN AMENDMENT NO. 10-03 FOR THE 540
EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT 540 EAST
IMPERIAL AVENUE.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On September 9, 2010, Mar Ventures, Inc., filed an application on behalf
of the El Segundo Unified School District for an Environmental
Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific
Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-
06, Development Agreement No. 10-02, and Subdivision No. 10-01 for
Vesting Tentative Map No. 71410 for seven lots, or No. 71582 for 31 lots
to re-designate and rezone an approximate 5.65 acre property at 540 East
Imperial Avenue from Planned Residential Development (PRD) Zone to
540 East Imperial Avenue Specific Plan (EIASP) to allow construction of a
either a 304-unit senior housing community development with a multi-
family component (Option 1) or a 58-unit mixed residential development
(Option 2) (collectively, the "Project");
B. The applications were reviewed by the City of El Segundo Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the El Segundo Municipal Code ("ESMC");
C. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal.
Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
D. An Initial Study was prepared pursuant to the requirements of CEQA. The
Initial Study demonstrated that the project could cause significant
environmental impacts. Accordingly, a Draft Environmental Impact Report
("DEIR") was prepared and circulated for public review and comment
between November 3, 2011 and December 19, 2011 in compliance with
CEQA Guidelines § 15087;
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E, An Environmental Impact Report (EIR) was prepared pursuant to the
requirements of CEQA Guidelines § 15161;
F. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for January 26, 2012;
G. On January 26, 2012, the Commission held a public hearing to receive
public testimony and other evidence regarding the applications including,
without limitation, information provided to the Commission by City staff
and public testimony, and representatives of Mar Ventures, Inc. and the El
Segundo Unified School District. Following the public hearing, the
Planning Commission adopted Resolution No. 2714 recommending that
the City Council approve the project;
H. The 540 East Imperial Avenue Specific Plan was considered by the Airport
Land Use Commission at its hearing on February 22, 2012. The Airport
Land Use Commission adopted a Resolution finding the 540 East Imperial
Avenue Specific Plan consistent with the Airport Land Use Plan. The
Resolution included a recommendation to modify Mitigation Measure 4.3-7
to read as follows:
"Mitigation Measure MM 4.3-7 In accordance with the Business and
Professions Code and Civil Code, each prospective purchaser of
residential property within the Project and all subsequent purchasers must
be notified as follows:
NOTICE OF AIRPORT IN VICINITY— This property is presently located in
the vicinity of an airport, within what is known as an airport influence area.
For that reason, the property may be subject to some of the annoyances
or inconveniences associated with proximity to airport operations (e.g.,
noise, vibration, soot, or odors). Individual sensitivities to those
annoyances can vary from person to person. The property is within the 65
db CNEL noise contour. The City imposed mitigation to reduce interior
noise impacts to 45 db CNEL. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete
your purchase and determine whether they are acceptable to you.
In addition, although not required by Civil Code Sections 1103, et seq.,
each prospective tenant of leased residential property within the Project
must also be notified within the Project must also be notified as described
above."
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I. On March 6, 2012, the City Council held a duly advertised public hearing
in the Council Chamber of the El Segundo City Hall, 350 Main Street to
receive public testimony and other evidence regarding the applications
including, without limitation, information provided to the City Council by
City Staff and public testimony and continued the public hearing to March
20, 2012;
J. On March 20, 2012, the City Council held a continued public hearing; and
K. The City Council considered the information provided by, without
limitation, City Staff and public testimony. This Resolution, and its
findings, are made based upon the evidence presented at the Planning
Commission at its January 26, 2012 hearing; and at the City Council
hearings on March 6, 2012 and March 20, 2012 including, without
limitation, the staff reports submitted by the Planning and Building Safety
Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the
following facts exist:
A. The subject property is located at 540 East Imperial Avenue in the
northwest portion of the City of El Segundo;
B. The property is comprised of six lots and the total site area is on the block
bounded by East Imperial Avenue to the north; Walnut Avenue to the
south, Sheldon Street to the west, and McCarthy Court to the east;
C. The surrounding land uses are primarily single-family and multi-family
residential uses in the Single-Family Residential (R-1) and Multi-Family
Residential (R-3) Zones to the east, west and south, with a mortuary
located on one parcel in the Neighborhood Commercial (C-2) Zone
located at the northeast corner of East Imperial Avenue and Sheldon
Street, west of the site. Land uses north of the site include a community
dog park within the corporate boundary of the City of El Segundo and LAX
across Imperial Avenue in the City of Los Angeles;
D. The proposed project for the property at 540 East Imperial Avenue
consists of two possible development options. Option 1 is a 304-unit
senior housing community with a multi-family component. Option 2
consists of a 58-unit mixed residential development;
E. The subject site is irregular in shape with 455 feet of street frontage on
East Imperial Avenue and a total lot area of 5.65 acres;
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F. The subject site is developed with eight single-story brick buildings
(22,488 square-feet total) that once served as administrative offices and
classrooms for the former Imperial Avenue Elementary School;
G. Vehicular access to the proposed facility would be provided from two
driveway entrances; primary access would be from East Imperial Avenue
for the senior housing community (Option 1) and the multi-family portion of
the mixed residential project (Option 2). Primary access for the multi-
family portion of Option 1 and the single-family portion of Option 2 would
be from Walnut Avenue;
H. The proposed General Plan re-designation and rezoning of the Project
Site would change the General Plan land use designation from Planned
Residential Development to the 540 East Imperial Avenue Specific Plan
(EIASP) designation and rezone the area from the Planned Residential
Development (PRD) Zone to the 540 East Imperial Avenue Specific Plan
(EIASP) Zone; and
I. The re-zoning and General Plan re-designation would increase the
residential density allowed on the site from 11.5 dwelling units per acre, to
a maximum of 53.8 dwelling units per acre in Option 1 or a maximum of
10.27 dwelling units per acre in Option 2. The total maximum development
that would be permitted with the proposed General Plan re-designation
and re-zoning is 175,000 square feet (0.75 FAR).
SECTION 3: Environmental Assessment. The City Council makes the following
environmental findings:
A. The City completed a Draft Environmental Impact Report (DEIR) for this
project. A noticed Public Scoping meeting was held on Thursday July 14,
2011 pursuant to CEQA Guidelines §15083. A Notice of Preparation of
the DEIR was circulated for public review from July 7 to August 6, 2011
pursuant to CEQA Guidelines §15082. A Notice of Completion for the
DEIR was filed with the State Office of Planning and Research on
November 3, 2011 pursuant to CEQA Guidelines §15085. The public
comment and review period for the DEIR was open between November 3,
2011 and December 19, 2011 in compliance with CEQA Guidelines
§15087;
B. The City received one (1) comment letter on the DEIR from a public
agency, the State of California Native American Heritage Commission
(NAHC). The agency did not challenge the environmental findings or the
recommended mitigation measures of the report;
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C. A Final EIR was prepared, which includes the DEIR, the comment
regarding the DEIR and the written response to the comment. Based on
the comment letter from the NAHC, no text changes were required.
However, changes to Mitigation Measure 4.3-7 were made in response to
the recommendation from the Airport Land Use Commission on February
22, 2012;
D. The FEIR for the proposed Project, entitled "540 East Imperial Avenue
Specific Plan Project," prepared by Atkins under contract to the City and
under the supervision of the Planning and Building Safety Department
(State Clearinghouse No. 2011071019), is incorporated by reference;
E. The City, acting as lead agency, reviewed and edited as necessary the
DEIR and the FEIR to reflect its own independent judgment to the extent
of its ability, including reliance on City technical personnel as well as other
professional consultants retained by the City in order to provide technical
advice and assistance in evaluating environmental impacts associated
with the Project;
F. Pursuant to Public Resources Code § 21082.1(c)(3), the City Council
independently reviewed and analyzed the FEIR. Based upon that review
and analysis, and recommendations made by the City's Planning Agency
as set forth in Planning Commission Resolution No. 2714 adopted on
January 26, 2012, the City Council finds that the FEIR is an accurate and
complete statement of the potential environmental impacts resulting from
the Project. The FEIR reflects the City's independent judgment as lead
agency;
G. Pursuant to CEQA Guidelines § 15091, any changes or alterations
required for the Project, or incorporated into the Project, which avoid or
substantially lessen the significant environmental effect are identified for
the FEIR. Any potential changes or alterations that may be made to the
proposed mitigation measures are addressed and analyzed in the FEIR;
H. The DEIR and FEIR were made available for public review and comment
in the time and manner prescribed by CEQA;
In accordance with CEQA Guidelines §15091, the record on which the
City Council findings are based is located at the Planning and Building
Safety Department, City of El Segundo, 350 Main Street, El Segundo,
California 90245. The custodian of records is the Director of Planning and
Building Safety;
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J. The City reviewed the FEIR for the Project and considered the public
record on the project, including, without limitation, the following:
1. Staff reports prepared by the Planning and Building Safety
Department and the DEIR and the FEIR prepared by Atkins for the
City;
2. Staff presentations at public hearings and meetings;
3. All applicable regulations and codes;
4. Public comments, both written and oral, received and/or submitted
at or before the public hearings and meetings, supporting or
opposing the proposed Project; and,
5. All related documents received and/or submitted at or before the
public hearings.
K. The FEIR was presented to the City Council, which reviewed and
considered information contained in the FEIR before approving the project
in accordance with CEQA Guidelines §15090;
L. The FEIR generally identifies, for each potentially significant impact of the
project, one or more corresponding mitigation measures to reduce impacts
to a level of insignificance, with the exception of air quality and noise
impacts. The City Council finds that each potentially significant impact
identified in the FEIR is mitigated by its corresponding mitigation
measures to the extent set forth in the FEIR;
M. In accordance with CEQA Guidelines §15091, the City Council considered
written findings regarding each of the significant environmental effects
identified in the DEIR before certification of the FEIR. The written findings
are attached as Exhibit "A" to this Resolution and incorporated by
reference. Each finding includes a brief explanation of the rationale for
each finding. The FEIR includes mitigations that lessen identified
significant environmental effects to a less than significant level for those
effects that can be mitigated. For the two environmental effects that
cannot be mitigated to a less than significant level (Air Quality and Noise)
as identified in the FEIR, the findings attached in Exhibit "A" contain a brief
explanation as to how the mitigation measures substantially lessen the
two substantial environmental effects, and;
N. Because of the effects identified in this Resolution, specifically the creation
of significant environmental impacts as described above, the FEIR found
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that a Statement of Overriding Considerations would be required for any of
the alternatives studied to be approved. A Statement of Overriding
Consideration is included in "Exhibit A" in accordance with CEQA
Guidelines §15093. The City Council considered the attached Statement
of Overriding Considerations.
SECTION 4: General Plan and Specific Plan. The proposed project conforms to the
City's General Plan and the 540 East Imperial Avenue Specific Plan for the reasons
identified in Planning Commission Resolution No. 2714 as adopted on January 26,
2012. The findings in Resolution No. 2714 are incorporated by reference as if fully set
forth below.
SECTION 5: Approvals.
A. The City Council adopts the Findings of Fact and a Statement of
Overriding Considerations in accordance with the requirements of Public
Resources Code §21081 as set forth in attached Exhibit "A," which are
incorporated into this Resolution by reference.
B. In accordance with the requirements of Public Resources Code
§§21081(a) and 21081.6, the City Council adopts the Mitigation Monitoring
and Reporting Program (MMRP) set forth in attached Exhibit "B," which is
incorporated into this Resolution by reference. The City Council adopts
each of the mitigation measures expressly set forth therein as conditions
of approval of the project. The other project conditions of approval and
compliance with applicable codes, policies, and regulations will further
ensure that the environmental impacts of the proposed project will not be
greater than set forth in the FEIR and these findings.
C. The City Council amends the proposed Land Use Plan ("Land Use
Designations — Residential Designations: Planned Residential
Development" subsection) of the Land Use Element of the General Plan to
reflect the deletion of the Planned Residential land use designation and
the addition of the 540 East Imperial Avenue Specific Plan, including a
description of the allowed uses and the maximum land use density
allowed, to the Residential Designations: Planned Residential
Development subsection. The corresponding changes are set forth in
attached Exhibit "C," which is incorporated into this Resolution by
reference.
D. The City Council amends the proposed Land Use Plan "Northwest
Quadrant" subsection) of the Land Use Element of the General Plan to
reflect the change of the Project area which is the former Imperial Avenue
Elementary School at 540 East Imperial Avenue from Planned Residential
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Development to 540 East Imperial Avenue Specific Plan. The
corresponding changes are set forth in attached Exhibit "D," which is
incorporated into this Resolution by reference.
E. The City Council amends the 1992 General Plan Summary of Existing
Trends Buildout (Exhibit LU-3) of the Land Use Element to reflect the
change of the Project area which is the former Imperial Avenue
Elementary School at 540 East Imperial Avenue from Planned Residential
Development to 540 East Imperial Avenue Specific Plan. The
corresponding changes to the Land Use Element are set forth in attached
Exhibit "E," which is incorporated into this Resolution by reference.
F. The City Council amends the General Plan Land Use Map to reflect the
change of the Project area which is the former Imperial Avenue
Elementary School at 540 East Imperial Avenue from Planned Residential
Development to 540 East Imperial Avenue Specific Plan. The
corresponding changes to the Land Use Map are set forth in attached
Exhibit "F," which is incorporated into this Resolution by reference.
G. Subject to the conditions listed in attached Exhibit "G," which are
incorporated into this Resolution by reference, the City Council certifies
the Final Environmental Impact Report for the 540 East Imperial Avenue
Specific Plan Project.
SECTION 6: Reliance on Record. Each and every one of the findings and
determinations in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 7: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's
knowledge of future events. In all instances, best efforts have been made to form
accurate assumptions. Somewhat related to this are the limitations on the City's ability
to solve what are in effect regional, state, and national problems and issues. The City
must work within the political framework within which it exists and with the limitations
inherent in that framework.
SECTION 8: Summaries of Information. All summaries of information in the findings
which precede this section, are based on the substantial evidence in the record. The
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absence of any particular fact from any such summary is not an indication that a
particular finding, is not based in part on that fact.
SECTION 9: This Resolution will remain effective unless superseded by a
subsequent resolution.
SECTION 10: A copy of this Resolution must be mailed to Mar Ventures, Inc. and the
El Segundo Unified School District, and to any other person requesting a copy.
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SECTION 11: This Resolution becomes effective immediately upon adoption and
constitutes the City Council's final decision. Note that persons dissatisfied with this
decision may appeal it to a court of competent jurisdiction pursuant to Code of Civil
Procedure §1094.6.
PASSED, APPROVED AND ADOPTED this 0th; of March, 2012.
rip
f 6,r
Eric Busch, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 4772 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 20th day of March, 2012, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Busch, Fisher, Brann, Fuentes, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
41' 41 itaAis chN-
Cindy M•rtesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
11.r Karl . Berger, Assistant City Attorney
•
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P:\Planning&Building Safety\Planning\PROJECTS(Planning)\876-900\EA-890\CC March 20 2012\EA-890 CC Reso 3.20.2012.doc
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CITY COUNCIL RESOLUTION NO. 4772
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
After receiving, reviewing, and considering all the information in the administrative record for
Environmental Assessment (EA) No. 890, General Plan Amendment No. 10-03, Specific Plan
No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development
Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map (VTM) No. 71410
and VTM No. 71582, including, without limitation, the factual information and conclusions set
forth in this Resolution and its attachment, the City Council finds, determines, and declares for
the 540 East Imperial Avenue Specific Plan Project as follows:
FINDINGS REQUIRED BY CEQA
CEQA Guidelines § 15090 require the City to certify that:
1. The Final Environmental Impact Report (FEIR) has been completed in
compliance with CEQA;
2. The FEIR was presented to the decision-making body of the lead agency and
that that decision-making body reviewed and considered the information
contained in the final EIR before approving the project; and
3. The FEIR reflects the lead agency's independent judgment and analysis.
II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL IMPACTS OF THE
PROJECT
A. Impacts Found to Be Insignificant
The Initial Study for the 540 East Imperial Avenue Specific Plan Project, dated
July 2011, identified the following environmental effects as not potentially
significant. Accordingly, the City Council finds that the Initial Study, the FEIR, and
the record of proceedings for the project do not identify or contain substantial
evidence identifying significant environmental effects of the project with respect
to the issue areas listed below.
• Agriculture/Forestry Resources (All thresholds)
• Aesthetics
> Scenic Vistas
> Scenic Resources within a State Scenic Highway
• Biological Resources
> Riparian Habitat
> Wetlands
> Conflict with Policies or Ordinances Protecting Biological Resources
1
> Conflict with Habitat Conservation Plan
• Cultural Resources
> Historical Resources
• Geology/Soils
> Fault Rupture
> Seismic-Related Ground Failure
> Landslide
> Wastewater Disposal Systems
• Hazards/Hazardous Materials
> Emissions or Handling of Hazardous Materials Near Schools
> Safety Hazards associated with Private Airstrip
> Wildland Fires
• Hydrology/Water Quality
> Housing within 100-year Flood Hazard Area
> Structures within 100-year Floor Hazard Area
> Levee or Dam Failure
> Inundation
• Land Use/Planning
> Division of Established Community
> Conflict with Conservation Plan
• Mineral Resources
> Loss of Delineated Mineral Resource Recovery Site
• Noise
> Excessive Noise From a Private Airstrip
• Population/Housing
> Displace Housing
> Displace People
• Utilities/Service System
> Solid Waste Statutes and Regulations Compliance
B. Impacts Identified as Less Than Significant
The Initial Study and/or FEIR identified the following environmental effects as
less than significant. Where the environmental issue area was discussed in the
Initial Study, the FEIR, or both, is noted in parenthesis. Accordingly, the City
Council finds that the Initial Study, the FEIR, and the record of proceedings for
the 540 East Imperial Avenue Specific Plan Project do not identify or contain
2
substantial evidence identifying significant environmental effects of the project
with respect to the issue areas listed below.
• Aesthetics
> Visual Quality and Character (Initial Study)
• Air Quality
> Conflict or Obstruction of Applicable Air Quality Plan (Construction
and Operation) (DEIR)
> Air Quality Standard Violations (Operation) (DEIR)
> Expose Sensitive Receptors (Operation) (DEIR)
> Objectionable Odors (Construction and Operation) (Initial Study and
DEIR)
• Geology/Soils
> Seismic Groundshaking (Initial Study)
> Erosion or Loss of Topsoil (Initial Study)
> Expansive Soils (Initial Study)
• Greenhouse Gases (All) (DEIR)
• Hazards/Hazardous Materials
> Transport, Use or Disposal of Hazardous Materials (Initial Study)
• Hydrology/Water Quality
> Violate Water Quality Standards/Waste Discharge Requirements
(Initial Study)
> Groundwater Supplies or Recharge (Initial Study)
> Drainage Patterns (Initial Study)
> Stormwater Runoff(Initial Study)
> Degrade Water Quality (Initial Study)
• Land Use/Planning
> Conflict with Land Use Plan, Policy, or Regulation (Initial Study)
• Mineral Resources
> Valued Mineral Resources (Initial Study)
• Noise
> Substantial Permanent Increase in Noise Levels (DEIR)
• Population/Housing
> Population Growth (Initial Study)
• Public Services (All) (Initial Study)
• Recreation (All) (Initial Study and DEIR)
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• Transportation/Traffic
> Conflict with Performance Measures (Initial Study and DEIR)
> Conflict with Congestion Management Plan (Initial Study and DEIR)
> Air Traffic Patterns (Initial Study and DEIR)
> Increase Hazards or Incompatible Uses (Initial Study and DEIR)
> Conflict with Alternative Transportation Plans (Initial Study and DEIR)
• Utilities/Service Systems (All) (Initial Study)
C. Impacts Identified as Less-Than-Significant with Mitigation Incorporated
The City Council finds that the following environmental effects were identified as
Less Than Significant with Mitigation Incorporated in the Initial Study and/or
FEIR. Where the environmental issue area was discussed in the Initial Study, the
FEIR, or both, is noted in parenthesis. Implementation of the identified mitigation
measures would avoid or lessen the potential environmental effects listed below
to a level of significance.
1. Aesthetics (Initial Study)
a) Facts/Effects:
(1) New Sources of Light or Glare. Implementation of Option 1 or
Option 2 of the proposed project would introduce new sources of
light and glare at the project site that could be visible to light-
sensitive receptors in the vicinity of the project site.
Implementation of mitigation measure MM AES-1 for Option 1 or
Option 2 would reduce potential impacts from daytime glare to a
less-than-significant level by eliminating or minimizing increased
glare through the use of nonreflective glass and non-reflective
textured surfaces at the proposed development. Implementation of
mitigation measure MM AES-2 would reduce off-site impacts from
nighttime light and glare by requiring that exterior lighting be
directed onto driveways, walkways, and public areas, and away
from adjacent properties and public rights-of-way. Therefore, light
and glare impacts would be less than significant with incorporation
of mitigation measures MM AES-1 and MM AES-2.
b) Mitigations:
MM AES-1 Expansive areas of highly reflective materials, such as
mirrored glass, must not be permitted. Nonreflective building
materials must be used to the maximum extent possible to reduce
potential glare impacts.
MM AES-2 Exterior lighting must be designed to minimize off-site
glare. This may include, without limitation, using shielded or
recessed lighting fixtures.
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c) Finding:
The City Council finds that with implementation of identified
mitigation measures, potentially significant aesthetics impacts
related to new sources of light and glare would be reduced to a
less-than-significant level as identified in the Initial Study.
2. Biological Resources (Initial Study)
a) Facts/Effects:
(1) Protected Birds. Implementation of Option 1 or Option 2 of the
proposed project would not result in any impacts to special-status
species as the project site does not contain suitable habitat for
any special-status plant or wildlife species and none have been
reported as occurring on, or in the immediate vicinity of, the
proposed project site. However, potential nesting habitat for
common bird species protected under the federal Migratory Bird
Treaty Act (MBTA) and California Fish and Game (CFG) Code
does occur within trees on, and in the immediate vicinity of, the
proposed project site. Removal of on-site trees and construction-
related activities resulting from implementation of Option 1 or
Option 2 of the proposed project could violate the MBTA and CFG
Code. To prevent potential impacts to nesting birds in violation of
the MBTA and CFG Code, mitigation measure MM BIO-1 would
be implemented before and during construction of the proposed
project to avoid nesting birds. Therefore, a less-than-significant
impact would occur with incorporation of mitigation measure MM
BIO-1.
(2) Migratory Birds. Removing on-site trees and construction-
related activities resulting from implementation of Option 1 or
Option 2 of the proposed project could disturb migratory bird
species protected under the MBTA that may use portions of the
proposed project site for nesting during the breeding season.
Implementation of MM BIO-1 which requires that surveys for
nesting avian species are performed during the appropriate time
of year and that nests are avoided, as well as adherence to all
federal, state, and local laws and regulations would ensure that
development of Option 1 or Option 2 of the proposed project does
not interfere with the movement of any native resident or migratory
fish or wildlife species or with established native resident or
migratory wildlife corridors or impede the use of native wildlife
nursery sites. Therefore, a less-than-significant impact would
occur with incorporation of mitigation measure MM BIO-1.
b) Mitigation:
MM BIO-1 Construction of either Option of the proposed project
must avoid the February 1 through August 31 bird nesting season
to the extent feasible. If it is not feasible to avoid the nesting
period, a survey for nesting birds must be conducted by a qualified
wildlife biologist no earlier than 14 days before construction. The
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area surveyed must include all clearing/construction areas, as well
as areas within 250 feet of the boundaries of these areas, or as
otherwise determined by the biologist. If no active avian nests are
identified on or within 250 feet of the limits of the proposed
disturbance area, no further mitigation is necessary.
If active nests are found within 250 feet of the proposed
disturbance area, clearing/construction activities must be
postponed within 250 feet of the nest until a wildlife biologist has
identified the nesting avian species. If the avian species is not
protected under the MBTA or the California Fish and Game Code,
no further action is required and construction activities may
proceed.
If the avian species is protected under the MBTA or the California
Fish and Game Code, no action other than avoidance of the active
nest(s) may be taken without consultation with the California
Department of Fish and Game (CDFG). In addition, a minimum
100-foot buffer zone surrounding the active nest(s) must be
established until the young have fledged (left the nest), the nest is
vacated, and there is no evidence of second nesting attempts, as
determined by the wildlife biologist. The size of the buffer area
may be reduced if the wildlife biologist determines, upon
consultation and concurrence from the CDFG, that the size of the
buffer area would not be likely to have adverse effects on the
particular species.
c) Finding:
The City Council finds that with implementation of identified
mitigation measures, potentially significant biological resource
impacts related to potential protected and migratory birds would
be reduced to a less-than-significant level as identified in the Initial
Study.
3. Cultural Resources (Initial Study)
a) Facts/Effects:
(1) Archeological and Paleontological Resources. Construction
activities associated with implementation of Option 1 or Option 2
of the proposed project would have the potential to unearth and
potentially damage or destroy undocumented cultural resources.
Implementation of mitigation measure MM CR-1 would require the
proper evaluation and treatment of cultural resources in the event
that resources are discovered during construction, preventing an
adverse change or destruction of a significant or unique resource.
Therefore, a less-than-significant impact would occur with
incorporation of mitigation measure MM CR-1.
12) Human Remains. Construction activities associated with
implementation of Option 1 or Option 2 of the proposed project
would have the potential to disturb human remains underlying the
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project site, which could violate provisions of the Public Resource
Code, the Health and Safety Code, and CEQA provisions, as well
as destroy the resource. Implementation of mitigation measure
MM CR-2 would ensure that both Options of the proposed project
comply with existing regulations related to the discovery of human
remains. Therefore, a less-than-significant impact would occur
with incorporation of mitigation measure MM CR-2.
b) Mitigations:
MM CR-1 In the event that archaeological/paleontological
resources are unearthed during project subsurface activities, all
earth-disturbing work within a 100-meter radius must be
temporarily suspended or redirected until a qualified archeologist
has been provided the opportunity to assess the significance of
the find and implement appropriate measures to protect or
scientifically remove the find. Construction personnel must be
informed that unauthorized collection of cultural resources is
prohibited.
If the resource is determined to be significant, the archaeologist or
paleontologist, as appropriate, must prepare a research design for
recovery of the resources in consultation with the state Office of
Historic Preservation that satisfies the requirements of Public
Resources Code § 21083.2. The archaeologist or paleontologist
must complete a report of the excavations and findings, and must
submit the report for peer review by three County-certified
archaeologists or paleontologists, as appropriate. Upon approval
of the report, the County must submit this report to the Los
Angeles Archeological Information Center and keep the report on
file at the County of Los Angeles. After the find has been
appropriately mitigated, work in the area may resume.
MM CR-2 If human remains are discovered during any
demolition/construction activities, all ground-disturbing activity
within 50 feet of the remains must be halted immediately, and the
Los Angeles County coroner must be notified immediately,
pursuant to Public Resources Code § 5097.98 and Health and
Safety Code § 7050.5. If the remains are determined by the
County coroner to be Native American, the Native American
Heritage Commission (NAHC) must be notified within 24 hours,
and the guidelines of the NAHC must be adhered to in the
treatment and disposition of the remains. The project developer
must also retain a professional archaeologist with Native
American burial experience to conduct a field investigation of the
specific site and consult with the Most Likely Descendant, if any,
identified by the NAHC. As necessary, the archaeologist may
provide professional assistance to the Most Likely Descendant,
including the excavation and removal of the human remains.
7
c) Finding:
The City Council finds that with implementation of identified
mitigation measures, potentially significant cultural resource
impacts related to potential archaeological/paleontological
resources and human remains would be reduced to a less-than-
significant level as identified in the Initial Study.
4. Geology/Soils (Initial Study)
a) Facts/Effects:
(1) Unstable Soils. In consideration of the sloped topography of
the project site, proposed development could be located on a
geologic unit or soil that is unstable and as a result on- or off-site
ground failure could occur. To eliminate the potential for on- or off-
site ground failure to occur, mitigation measure MM GEO-1 would
be implemented, which requires that a site-specific geotechnical
investigation be prepared that identifies seismic, geologic, soil,
and groundwater conditions at the site and provides
recommendations to be incorporated into the plans and
specifications of the proposed project. Therefore, a less-than-
significant impact would occur with incorporation of mitigation
measure MM GEO-1.
b) Mitigation:
MM GEO-1 A California-licensed Civil Engineer (Geotechnical)
must prepare and submit to the City, a detailed soils and
geotechnical analysis of the proposed project before the
commencement of any construction activities. The geotechnical
report will include recommendations that must be implemented in
the design of the proposed project, including without limitation
measures associated with site preparation, fill placement,
temporary shoring and permanent dewatering, groundwater
seismic design features, excavation stability, foundations, soil
stabilization, establishment of deep foundations, concrete slabs
and pavements, surface drainage, cement type and corrosion
measures, erosion control, shoring and internal bracing, and plan
review.
c) Finding:
The City Council finds that with implementation of identified
mitigation, potentially significant geology/soil impacts related to
potentially unstable soils would be reduced to a less-than-
significant level as identified in the Initial Study.
5. Greenhouse Gas Emissions (DEIR)
a) Facts/Effects:
(1) Greenhouse Gas Emissions (All). Construction and operation
of Option 1 or Option 2 of the proposed project would emit
8
greenhouse gases (GHG). However, implementation of state-
mandated regulations and South Coast Air Quality Management
District (SCAQMD) regulations would reduce emissions to levels
below the SCAQMD Residential Screening Threshold. To ensure
that the proposed project's long term operational GHG emissions
is reduced to the lowest levels feasible and remains below the
SCAQMD Residential Screening Threshold, mitigation measures
MM4.2-1 through MM4.2-12 would be implemented, which require
GHG reduction strategies be incorporated into the proposed
project. As both Option 1 and Option 2 of the proposed project
would generate emissions that are below the SCAQMD threshold,
neither project Option would conflict with AB 32 and SB 375, the
statewide policies for reducing GHG emissions. Therefore,
impacts are less than significant with incorporation of MM4.2-1
through MM4.2-12.
b) Mitigations:
MM4.2-1 Before the City issues a building permit, the developer
must demonstrate that the design of the proposed buildings or
structures meets or exceeds the most recent Title 24 Energy
Efficiency Standards, subject to review by the Planning and
Building Safety Department. Documentation of compliance with
this measure must be provided to the Planning and Building
Safety Department for review and approval before the City issues
the permit. Installation of the identified design features or
equipment will be confirmed by the Planning and Building Safety
Department before it issues a certificate of occupancy. The
following design features should be considered by the developer
as a way to achieve Title 24 Energy Efficiency Standards
compliance in excess of the minimum requirement:
• Increase in insulation such that heat transfer and thermal
bridging is minimized
• Limit air leakage through the structure or within the heating
and cooling distribution system to minimize energy
consumption
• Incorporate dual-paned or other energy efficient windows
• Incorporate energy efficient space heating and cooling
equipment
• Incorporate energy efficient light fixtures
• Incorporate energy efficient appliances
• Incorporate energy efficient domestic hot water systems
• Incorporate solar panels into the electrical system as
feasible
• Incorporate cool roofs/light-colored roofing
• Or incorporate other measures that will increase the
energy efficiency of building envelope in a manner that
when combined with the other options listed above
9
exceeds current Title 24 Energy Efficiency Standards by a
minimum of 20 percent
MM4.2-2 Before the City issues a building permit, the developer
must provide a landscape plan that includes shade trees around
main buildings, particularly along southern elevations where
practical, and will not interfere with constraints. Documentation of
compliance with this measure must be provided to the Planning
and Building Safety Department for review and approval.
MM4.2-3 All showerheads, lavatory faucets, and sink faucets
within the residential units, and where feasible within non-
residential developments, must comply with the California Energy
Conservation flow rate standards.
MM4.2-4 Low-flush toilets must be installed within all Congregate
Care units as specified in Health and Safety Code § 17921.3.
MM4.2-5 The developer must ensure that landscaping of common
areas for the proposed project uses drought-tolerant and smog-
tolerant trees, shrubs, and groundcover to ensure long-term
viability and to conserve water and energy.
MM4.2-6 The developer must ensure that the landscape plan for
the proposed project includes drought-resistant trees, shrubs, and
groundcover within the parking lot and perimeter.
MM4.2-7 The developer must ensure that designs for the
proposed project include all illumination elements to have controls
to allow selective use as an energy conservation measure.
MM4.2-8 Before the City issues any certificate of occupancy, the
developer must demonstrate that the proposed projects' interior
building lighting supports the use of compact fluorescent light
bulbs or equivalently efficient lighting to the satisfaction of the
Planning and Building Safety Department.
MM4.2-9 The developer must consider providing preferential
parking spaces for ultra-low-emission vehicles and alternative
fueled vehicles to encourage the use of alternative fuels and ultra-
low-emission vehicles. Documentation of compliance with this
measure must be provided to the Planning and Building Safety
Department for review and approval.
MM4.2-10 Before the City issues a building permit, the developer
must demonstrate that the proposed project is designed to
incorporate exterior storage areas for recyclables and green waste
and adequate recycling containers located in public/common
areas. Installation of the identified design features or equipment
will be reviewed and approved by the Planning and Building
Safety Department before the City issues a certificate of
occupancy.
10
MM4.2-11 All common-area irrigation areas for the proposed
project must consider systems that are capable of being operated
by a computerized irrigation system that includes an on-site
weather station/ET gage capable of reading current weather data
and making automatic adjustments to independent run times for
each irrigation valve based on changes in temperature, solar
radiation, relative humidity, rain, and wind. In addition, the
computerized irrigation system must also consider the ability to be
equipped with flow-sensing capabilities, thus automatically
shutting down the irrigation system in the event of a mainline
break or broken head. These features will assist in conserving
water, eliminating the potential of slope failure due to mainline
breaks, and eliminating over-watering and flooding due to pipe
and/or head breaks. Documentation of compliance with this
measure must be provided to the Planning and Building Safety
Department for review and approval.
MM4.2-12 The developer must, where feasible, incorporate
passive solar design features into the buildings, which may
include roof overhangs or canopies that block summer shade, but
that allow winter sun, from penetrating south facing windows.
c) Finding:
The City Council finds that with implementation of identified
mitigation, potentially significant GHG impacts would be reduced
to a less-than-significant level as identified in the FEIR.
6. Hazards/Hazardous Materials (Initial Study)
a) Facts/Effects:
(1) Exposure to Hazardous Materials. Construction activities
associated with Option 1 or Option 2 of the proposed project could
result in the exposure of construction personnel and the public to
airborne lead-based paint, dust, asbestos fibers, mold, and/or
other building contaminants, and unidentified hazardous
substances in the soil. However, mitigation measure MM HAZ-1
would ensure that proper asbestos and lead abatement is
conducted before demolition or construction activities occur at the
proposed project site and mitigation measure MM HAZ-2
establishes procedures that must be adhered to in the event that
unidentified contamination is encountered during construction at
the project site. Therefore, impacts would be less than significant
with incorporation of mitigation measures MM HAZ-1 and MM
HAZ-2.
(2) Airport Hazards. The proposed project site is located within the
LAX airport influence area (AIA)1 and could result in a safety
hazard for people residing or working in the project area.
However, implementation of mitigation measure MM HAZ-3 which
Los Angeles County Airport Land Use Commission, LAX Airport Influence Area Map (May 13, 2003).
11
requires the developer to submit Form 7460-1 (Notice of Proposed
Construction or Alternation) to the Federal Aviation Administration
(FAA) and adherence to all local, state, and federal regulations
would ensure that a safety hazard does not occur as a result of
the proposed project. Therefore, this impact would be less than
significant with the incorporation of mitigation measure MM
HAZ-3.
(3) Emergency Plans. Construction activities associated with
Option 1 or Option 2 could temporarily result in lane closures on
adjacent roadways that could interfere with emergency plans.
However, mitigation measure MM HAZ-4 would ensure that
construction of the proposed project would not impede emergency
evacuations that could occur within the City by requiring that
emergency response teams for the City of El Segundo, including
the ESPD and ESFD, are notified of lane closures during
construction activities in the project area and that one lane would
remain open at all times to provide adequate emergency access
to the site and surrounding neighborhoods. Therefore, this impact
would be less-than-significant with the incorporation of mitigation
measure MM HAZ-4.
b) Mitigations:
MM HAZ-1 Before demolition and/or construction activities, the
proposed project site must be tested for asbestos and lead by a
licensed contractor. The contractor must follow all applicable local,
state, and federal codes and regulations related to the treatment,
handling, and disposal of asbestos and lead if the proposed
project requires asbestos and/or lead abatement.
MM HAZ-2 In the event that previously unknown or unidentified
soil and/or groundwater contamination that could present a threat
to human health or the environment is encountered during
construction at the project site, construction activities in the
immediate vicinity of the contamination must cease immediately. If
contamination is encountered, a Risk Management Plan must be
prepared and implemented that (1) identifies the contaminants of
concern and the potential risk each contaminant would pose to
human health and the environment during construction and post-
development and (2) describes measures to be taken to protect
workers and the public from exposure to potential site hazards.
Such measures could include a range of options, including,
without limitation, physical site controls during construction,
remediation, long-term monitoring, post-development
maintenance or access limitations, or some combination thereof.
Depending on the nature of contamination, if any, regulatory
agencies must be notified (e.g., El Segundo Fire Department). If
needed, a Site Health and Safety Plan that meets Occupational
Safety and Health Administration requirements must be prepared
and in place before commencement of work in any contaminated
area.
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MM HAZ-3 Before project implementation, the developer must
submit Form 7460-1 (Notice of Proposed Construction or
Alternation) to the Federal Aviation Administration for project
review and approval.
MM HAZ-4 To ensure adequate access for emergency vehicles
when construction activities would result in temporary lane or
roadway closures, the project developer must consult with the City
of El Segundo Police and Fire Departments to disclose temporary
lane or roadway closures and alternative travel routes. The project
developer will be required to keep a minimum of one lane in each
direction free from encumbrances at all times on perimeter streets
accessing the project site. In the event any full road closure is
required, the project developer's contractor must coordinate with
the City of El Segundo Police and Fire Departments to designate
proper detour routes and signage to appropriate proper access
routes.
c) Finding:
The City Council finds that with implementation of identified
mitigation, potentially significant hazard/hazardous materials
impacts (as identified above) would be reduced to a less-than-
significant level as identified in the Initial Study.
7. Noise (DEIR)
a) Facts/Effects:
(1) Construction-Related Temporary Noise. Construction-related
noise associated with Option 1 or Option 2 of the proposed project
could intermittently exceed the construction noise limits generally
permitted by the El Segundo Municipal Code. However,
implementation of MM4.3-1 through MM4.3-4 would reduce
impacts associated with the exceedance of established noise
limits. Mitigation measure MM4.3-1 requires the developer to
apply for and obtain a noise permit from the City if construction-
related noise levels exceed established standards. Mitigation
measure MM4.3-2 requires implementation of noise attenuation
measures, mitigation measure MM4.3-3 requires construction
staging areas and earthmoving equipment be located as far away
from noise and vibration-sensitive land uses as possible, and
mitigation measure MM4.3-4 requires haul trucks to be routed
away from residential streets. Even with implementation of
mitigation measures MM4.3-1 through MM4.3-4, noise levels may
occasionally exceed established noise limits; however, these
impacts are temporary. Therefore, construction-related noise
impacts are considered to be less than significant with
incorporation of mitigation measures MM4.3-1 through MM4.3-4.
This is MMNOI-1 as identified in the Initial Study.
(2) Generation and Interior Exposure of Excessive Noise
(Operation). Operation of Option 1 or Option 2 of the proposed
13
project would result in increased noise levels at the project site
compared to existing ambient noise levels at the project site due
to the proposed increase in activities on the project site. However,
noise generated by the proposed project would not be considered
substantial as it would not exceed noise limits established by the
El Segundo Municipal Code.
Because the proposed project would result in the construction of
new residences on a site located within the noise impact boundary
for LAX, the proposed project is subject to El Segundo Municipal
Code § 13-1-4 (Residential Noise Insulation Standards) which
requires that interior noise levels not exceed 45 dBA CNEL within
new residences. To ensure that the project complies with the El
Segundo Municipal Code, mitigation measure MM4.3-5 would be
implemented, which requires the project applicant to submit
architectural plans and a detailed acoustical analysis study
(demonstrating that interior noise levels in all residential units are
45 dBA CNEL or less) for review and approval by the Planning
and Building Safety Department. Therefore, the proposed project
would not expose new residents to interior noise levels in excess
of established standards and a less-than-significant impact would
occur with incorporation of mitigation measure MM4.3-5.
(3) Groundborne Vibration and Noise (Construction and
Operation). Temporary construction activities at the proposed
project site could expose nearby off-site sensitive receptors
(surrounding residential uses) to elevated levels of noise and
groundborne vibration due to the use of heavy pieces of
construction equipment. However, implementation of mitigation
measures MM4.3-1 through MM4.3-4 described above would
reduce the potential for significant levels of groundborne vibration
and noise. Operation of Option 1 or Option 2 of the proposed
project would not generate significant levels of groundborne
vibration or noise in consideration of the types of uses proposed
and operational activities, in general. Therefore, impacts would be
less than significant with incorporation of mitigation measures
MM4.3-1 through MM4.3-4.
b) Mitigations:
MM4.3-1 The developer's contractor must refrain from engaging in
all construction-related activities, including the delivery of
construction materials, the loading and unloading of construction
equipment, starting the engine ignition, and the repair and
servicing of construction equipment and vehicles between the
hours of 6:00 PM and 7:00 AM Monday through Saturday, or at any
time on Sunday or a federal holiday. Construction noise levels
must not exceed the noise and vibration standard set in El
Segundo Municipal Code §§ 7-2-4(C) and 7-2-10(D). If
construction activities result in the generation of noise that
exceeds the noise and vibration standards set forth in the El
Segundo Municipal Code, a noise permit must be obtained from
14
the City of El Segundo before commencing any construction
activities.
Mitigation Measure MMNOI-1 in the Initial Study became MM4.3-1
in the DEIR.
MM4.3-2 The developer's construction contracts must require
implementation of the following construction best management
practices (BMPs) by all construction contractors and
subcontractors working in or around the project site to reduce
construction noise levels:
• Not less than 10 days before the start of construction, the
developer must mail a written notification to owners and
occupants of all developed properties within 1,000 feet of
the project site. The notification must provide a schedule of
major construction activities that will occur throughout the
duration of the construction period. In addition, the
notification must include the identity and contact number of
a designated community liaison and designated
construction manager who will be available on site to
monitor construction activities during regular working
hours. The construction manager will be located at the on-
site construction office during construction hours for the
duration of all construction activities. Contact information
for the community liaison and construction manager will be
posted on the exterior of the construction office or trailer at
the construction site, at City Hall, and at the City's Police
Department. The notification must also include the
permitted hours of operation and all relevant information
regarding limitations on noise-generating activities.
• The developer and its contractors and subcontractors must
ensure that construction equipment is properly muffled
according to industry standards or as required by the
Planning and Building Safety Department, whichever is the
more stringent.
• The developer and its contractors and subcontractors must
place noise-generating construction equipment and locate
construction staging areas away from sensitive uses,
where feasible, to the satisfaction of the Planning and
Building Safety Department.
• The developer and its contractors and subcontractors must
implement noise attenuation measures to the extent
feasible, which may include, but are not limited to, noise
barriers or noise blankets to the satisfaction of the
Planning and Building Safety Department.
MM4.3-3 The developer's contracts with its construction
contractors and subcontractors must include the requirement that
construction staging areas, construction worker parking and the
operation of earthmoving equipment within the project site, are
located as far away from vibration- and noise-sensitive sites as
15
possible. Contract provisions incorporating the above
requirements must be included as part of the project's
construction documents, which must be reviewed and approved
by the Planning and Building Safety Department.
MM4.3-4 The developer must require by contract specifications
that heavily loaded trucks used during construction must be routed
away from residential streets to the extent possible. Contract
specifications must be included in the proposed project
construction documents, which must be reviewed by the City
before grading permits are issued.
MM4.3-5 Residential units must be designed and constructed to
ensure that interior noise levels from exterior transportation
sources—including aircraft and vehicles on adjacent roadways—
cannot exceed 45 dBA CNEL. In order to ensure that all dwelling
units achieve an adequate noise reduction to achieve an interior
noise level of 45 dBA CNEL, the following features must be
included in the building design and construction of all dwelling
units: (1) upgraded dual-glazed windows, (2) mechanical
ventilation/air conditioning, (3) exterior wall/roof assemblies free of
cut-outs or openings, and (4) ceiling insulation in the top floor of
each building to reduce aircraft noise by at least 20 dBA. Before a
building permit is issued, the developer must submit architectural
plans and a detailed acoustical analysis study prepared by a
qualified acoustical consultant demonstrating that interior noise
levels in all residential units would be 45 dBA CNEL or less to the
Planning and Building Safety Department for review and approval.
c) Finding:
The City Council finds that with implementation of identified
mitigation, potentially significant noise impacts (as identified
above) would be reduced to a less-than-significant level as
identified in the FEIR.
8. Transportation/Traffic (Initial Study and DEIR)
a) Facts/Effects:
(1) Emergency Access. Implementation of either Option of the
proposed project would not result in inadequate emergency
access. However, to ensure that either Option of the proposed
project would not result in inadequate emergency access, site
plans, site construction, and the actual structures would be subject
to review and approval by the El Segundo Fire Department before
building occupancy to ensure that required fire protection safety
features, including building sprinklers and emergency access, are
implemented. Additionally, implementation of mitigation measure
MM HAZ-4 would ensure that emergency response teams for the
City of El Segundo, including the El Segundo Police Department
and El Segundo Fire Department, would be notified of lane
closures during construction activities in the project area and that
16
one lane would remain open at all times to provide adequate
emergency access to the site and surrounding neighborhoods.
Therefore, Option 1 or Option 2 of the proposed project would not
result in inadequate emergency access and impacts would be
less-than-significant with incorporation of mitigation measure MM
HAZ-4.
b) Mitigation:
MM HAZ-4 To ensure adequate access for emergency vehicles
when construction activities would result in temporary lane or
roadway closures, the project developer must consult with the City
of El Segundo Police, Fire, and Public Works Departments to
disclose temporary lane or roadway closures and alternative travel
routes. The project developer will be required to keep a minimum
of one lane in each direction free from encumbrances at all times
on perimeter streets accessing the project site. In the event any
full road closure is required, the project developer's contractor
must coordinate with the City of El Segundo Police, Fire, and
Public Works Departments to designate proper detour routes and
signage to appropriate proper access routes.
c) Finding:
The City Council finds that with implementation of identified
mitigation, potentially significant transportation/traffic impacts
related to emergency access would be reduced to a less-than-
significant level as identified in the FEIR.
D. Significant and Unavoidable Impacts That Cannot Be Mitigated to a Less-
Than-Significant Level
The City Council finds that the following environmental impacts were identified as
Significant and Unavoidable in the FEIR. Implementation of the identified
mitigation measures would reduce significant environmental effects to the extent
feasible, but not to a less-than-significant level.
1. Air Quality (DEIR)
a) Facts/Effects:
(1) Violate Air Quality Standards (Construction). During certain
phases of construction for Option 1 and Option 2 of the proposed
project, maximum daily emissions of volatile organic compounds
(VOC) would exceed SCAQMD significance thresholds, resulting
in the violation of an air quality standard. SCAQMD significance
thresholds for other criteria pollutants would not be exceeded.
Mitigation measures MM4.1-1 to MM4.1-16 intended to improve
air quality emissions generated by construction activities
associated with the proposed project would reduce VOC
emissions but not to levels below the SCAQMD significance
threshold. Because VOC emissions, a precursor for ozone for
which the Basin is currently in nonattainment, would exceed
17
SCAQMD significance thresholds during construction of Option 1
and Option 2 of the proposed project, the emissions generated by
construction of the proposed project would be cumulatively
considerable and would constitute a substantial contribution to an
existing or projected air quality violation. Therefore, a significant
and unavoidable project-level and cumulative impact would occur
and no additional feasible mitigation is available.
b) Mitigations:
MM4.1-1 The developer must require by contract specifications
that all diesel-powered equipment used will be retrofitted with
after-treatment products (e.g., engine catalysts and diesel
particulate filters). The engine catalysts must achieve a minimum
reduction of 15 percent for NOX. The diesel particulate filters must
meet USEPA Tier 3 standards. Contract specifications must be
included in project construction documents, which must be
reviewed by the City of El Segundo before grading permits are
issued.
MM4.1-2 The developer must require by contract specifications
that all heavy-duty diesel-powered equipment operating and
refueling at the project site use low-NOX diesel fuel to the extent
that it is readily available and cost effective (up to 125 percent of
the cost of California Air Resources Board diesel) in the South
Coast Air Basin (this does not apply to diesel-powered trucks
traveling to and from the project site). Contract specifications must
be included in project construction documents, which must be
reviewed by the City of El Segundo before grading permits are
issued.
MM4.1-3 The developer must require by contract specification that
all heavy-duty diesel-powered equipment operations at the project
site utilize a phased-in emission control technology in advance of
a regulatory requirement such that 30 percent of the fleet will meet
USEPA Tier 4 engine standards for particulate matter control (or
equivalent) starting in 2013 and for the duration of the project.
MM4.1-4 The developer must require by contract specifications
that construction equipment engines be maintained in good
condition and in proper tune per manufacturer's specification for
the duration of construction. Contract specifications must be
included in project construction documents, which must be
reviewed by the City of El Segundo before grading permits are
issued.
MM4.1-5 The developer must require by contract specifications
that construction operations rely on the electricity infrastructure
surrounding the construction site rather than electrical generators
powered by internal combustion engines. Contract specifications
must be included in project construction documents, which must
be reviewed by the City of El Segundo before grading permits are
issued.
18
MM4.1-6 As required by South Coast Air Quality Management
District Rule 403—Fugitive Dust, all construction activities that are
capable of generating fugitive dust are required to implement dust
control measures during each phase of project development to
reduce the amount of particulate matter entrained in the ambient
air. These measures include the following:
• Application of soil stabilizers to inactive construction areas
• Quick replacement of ground cover in disturbed areas
• Watering of exposed surfaces three times daily
• Watering of all unpaved haul roads three times daily
• Covering all stock piles with tarp
• Reduction of vehicle speed on unpaved roads
• Post signs on-site limiting traffic to 15 miles per hour or
less
• Sweep streets adjacent to the project site at the end of the
day if visible soil material is carried over to adjacent roads
• Cover or have water applied to the exposed surface of all
trucks hauling dirt, sand, soil, or other loose materials
before leaving the site to prevent dust from impacting the
surrounding areas
• Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads to wash off trucks and
any equipment leaving the site for each trip
MM4.1-7 The developer must require by contract specifications
that construction-related equipment, including heavy-duty
equipment, motor vehicles, and portable equipment, be turned off
when not in use for more than 30 minutes. Diesel-fueled
commercial motor vehicles with gross vehicular weight ratings of
greater than 10,000 pounds must be turned off when not in use for
more than 5 minutes. Contract specifications must be included in
the proposed project construction documents, which must be
approved by the City of El Segundo before grading permits are
issued.
MM4.1-8 The developer must require by contract specifications
that construction parking be configured to minimize traffic
interference during the construction period and, therefore, reduce
idling of traffic. Contract specifications must be included in the
proposed project construction documents, which must be
approved by the City of El Segundo before grading permits are
issued.
MM4.1-9 The developer must require by contract specifications
that temporary traffic controls are provided, such as a flag person,
during all phases of construction to facilitate smooth traffic flow.
Contract specifications must be included in the proposed project
19
construction documents, which must be approved by the City of El
Segundo before grading permits are issued.
MM4.1-10 The developer must require by contract specifications
that construction activities that would affect traffic flow on the
arterial system be scheduled to off-peak hours (9:00 AM to 4:00
PM). Contract specifications must be included in the proposed
project construction documents, which must be approved by the
City of El Segundo before grading permits are issued.
MM4.1-11 The developer must require by contract specifications
that dedicated on-site and off-site left-turn lanes on truck hauling
routes be utilized for movement of construction trucks and
equipment on site and off site to the extent feasible during
construction activities. Contract specifications must be included in
the proposed project construction documents, which must be
approved by the City of El Segundo before grading permits are
issued.
MM4.1-12 The developer must require by contract specifications
that trackout roads will meet SCAQMD Table XI-C standards to
achieve a 46% reduction in PM10. The construction contractor
must install gravel bed trackout apron (3 inches deep, 25 feet
long, 12 feet wide per lane and edged by rock berm or row of
stakes) to reduce mud/dirt trackout from unpaved truck exit routes.
Contract specifications must be included in the proposed project
construction documents, which must be approved by the City of El
Segundo before grading permits are issued.
MM4.1-13 When the City issues building or grading permits,
whichever is issued earlier, the developer must notify, by mail,
owners and occupants of all developed land uses within 1,000 feet
of a project site within the Specific Plan providing a schedule for
major construction activities that will occur through the duration of
the construction period. In addition, the notification will include the
identification and contact number for a community liaison and
designated construction manager that would be available on site
to monitor construction activities. The construction manager is
responsible for complying with all project requirements related to
PM10 generation. The construction manager will be located at the
on-site construction office during construction hours for the
duration of all construction activities. Contract information for the
community liaison and construction manager will be located at the
construction office, City Hall, the police department, and a sign on
site.
MM4.1-14 The developer must require by contract specifications
that the architectural coating (paint and primer) products used
would have a VOC rating that reduces VOC content by 15 percent
or more. Contract specifications must be included in the proposed
project construction documents, which must be approved by the
City of El Segundo before grading permits are issued.
20
MM4.1-15 The developer must require by contract specifications
that materials that do not require painting be used during
construction to the extent feasible. Contract specifications must be
included in the proposed project construction documents, which
must be approved by the City of El Segundo before grading
permits are issued.
MM4.1-16 The developer must require by contract specifications
that pre-painted construction materials be used to the extent
feasible. Contract specifications must be included in the proposed
project construction documents, which must be approved by the
City of El Segundo before grading permits are issued.
c) Finding:
The City Council finds that construction-related air quality
environmental impacts cannot be mitigated below the threshold of
significance for the proposed project and a significant and
unavoidable impact would occur, as identified in the FEIR.
2. Noise (DEIR)
a) Facts/Effects:
(1) Excessive Exterior Noise Levels (Operation). Option 1 and
Option 2 of the proposed project would result in the construction of
noise-sensitive residential uses on a site where exterior noise
levels currently exceed established noise standards considered
normally or conditionally acceptable for residential uses due to the
project site's proximity to LAX. Mitigation measure MM4.3-6 would
ensure that the existing aviation easement granted to the City of
Los Angeles as proprietor of LAX would remain in place with
implementation of the proposed project and MM4.3-7 would
ensure that prospective owners and occupants of the project site
were adequately informed of the potential annoyances associated
with proximity to LAX. However, mitigation measures MM4.3-6
and MM4.3-7 would not reduce existing exterior noise levels to a
level that would be considered normally acceptable for residential
land uses. As such, the proposed project would expose persons to
noise levels that exceed established standards. Therefore,
impacts are significant and unavoidable and no additional feasible
mitigation is available.
(2) Airport Noise. The proposed project site is located within the
noise impact boundary for LAX and exterior noise levels at the
project site currently exceed noise levels considered normally or
conditionally acceptable for residential uses. Because the
proposed project would result in the construction of new
residences on a site within the noise impact boundary, the
proposed project is subject to El Segundo Municipal Code § 13-1-
4 (Residential Noise Insulation Standards) which requires that
interior noise levels do not exceed 45 dBA CNEL within new
residences. To ensure that the project complies with the El
21
Segundo Municipal Code, mitigation measure MM4.3-5 would be
implemented, which requires the project applicant to submit
architectural plans and a detailed acoustical analysis study
(demonstrating that interior noise levels in all residential units
would be 45 dBA CNEL or less) for review and approval by the
City's Planning and Building Safety Department. Therefore, the
proposed project would not expose new residents to interior noise
levels in excess of established standards with implementation of
mitigation measure MM4.3-5. However, no mitigation is available
to reduce existing exterior noise levels to a level that would be
considered acceptable for residential land uses. Implementation of
mitigation measures MM4.3-6 and MM4.3-7 would ensure that the
existing aviation easement remains in place and future residents
are informed of the potential annoyances associated with
proximity to LAX, respectively, but does not reduce excessive
exterior noise levels. Therefore, this impact would be significant
and unavoidable because the proposed project would expose
future residents to excessive exterior noise levels due to the
project site's proximity to LAX.
b) Mitigations:
MM4.3-5 Residential units must be designed and constructed to
ensure that interior noise levels from exterior transportation
sources—including aircraft and vehicles on adjacent roadways—
cannot exceed 45 dBA CNEL. In order to ensure that all dwelling
units achieve an adequate noise reduction to achieve an interior
noise level of 45 dBA CNEL, the following features must be
included in the building design and construction of all dwelling
units: (1) upgraded dual-glazed windows, (2) mechanical
ventilation/air conditioning, (3) exterior wall/roof assemblies free of
cut-outs or openings, and (4) ceiling insulation in the top floor of
each building to reduce aircraft noise by at least 20 dBA. Before a
building permit is issued, the developer must submit architectural
plans and a detailed acoustical analysis study prepared by a
qualified acoustical consultant demonstrating that interior noise
levels in all residential units would be 45 dBA CNEL or less to the
Planning and Building Safety Department for review and approval.
MM4.3-6 The ESUSD must make as a condition of sale of the
proposed project site, that the future owner express
acknowledgement and confirmation of the continuing applicability
of the existing aviation easement for noise, vibrations, and fumes
over the proposed project site property. Notice must include the
following language:
"NOTICE OF AIR EASEMENTS – This property is subject
to air easements that may affect your property rights.
Such air easements are recorded with the Los Angeles
County Recorder's Office as Document No. 80-55139."
MM4.3-7 In accordance with the Business and Professions Code
and Civil Code each prospective purchaser of residential property
22
within the Project and all subsequent purchasers_must be notified
as follows:
• NOTICE OF AIRPORT IN VICINITY— This property is
presently located in the vicinity of an airport, within what is
known as an airport influence area. For that reason, the
property may be subject to some of the annoyances or
inconveniences associated with proximity to airport
operations (e.g., noise, vibration, soot, or odors). Individual
sensitivities to those annoyances can vary from person to
person. The property is within the 65 db CNEL noise
contour. The property is required to achieve an interior
noise of not more than 45 db CNEL. You may wish to
consider what airport annoyances, if any, are associated
with the property before you complete your purchase and
determine whether they are acceptable to you.
In addition, although not required by Civil Code §§ 1103, et
seq., each prospective tenant of leased residential property
within the Project must also be notified as described above.
c) Finding:
The City Council finds that exterior noise environmental impacts
cannot be mitigated below the threshold of significance for the
proposed project and a significant and unavoidable impact would
occur, as identified in the FEIR.
E. Insignificant Cumulative Impacts.
The City Council finds that the Initial Study, FEIR and the record of proceedings
in this matter do not identify or contain substantial evidence which identifies
significant adverse cumulative environmental effects associated with the 540
East Imperial Avenue Specific Plan Project with respect to the areas listed below:
• Aesthetics
• Agriculture/Forestry Resources
• Biological Resources
• Cultural Resources
• Geology/Soils
• Greenhouse Gas Emissions
• Hazards/Hazardous Materials
• Hydrology/Water Quality
• Land Use/Planning
• Mineral Resources
• Population/Housing
• Public Services
• Recreation
23
• Transportation/Traffic
• Utilities/Service Systems
F. Significant Cumulative Impacts
1. Air Quality (DEIR)
a) Facts/Effects:
(1) Emissions of Criteria Pollutants (Construction). During certain
phases of construction of Option 1 and Option 2 of the proposed
project, maximum daily emissions of volatile organic compounds
(VOC) emissions would exceed SCAQMD significance thresholds,
resulting in the violation of an air quality standard. SCAQMD
significance thresholds for other criteria pollutants would not be
exceeded. Mitigation measures MM4.1-1 to MM4.1-16 intended to
improve air quality emissions generated by construction activities
associated with the proposed project would reduce VOC
emissions but not to levels below the SCAQMD significance
threshold. Because VOC emissions, a precursor for ozone for
which the Basin is currently in nonattainment, would exceed
SCAQMD significance thresholds during construction of Option 1
and Option 2 of the proposed project, the emissions generated by
construction of the proposed project would be cumulatively
considerable and would constitute a substantial contribution to an
existing or projected air quality violation. Therefore, a significant
and unavoidable cumulative impact would occur and no additional
feasible mitigation is available.
b) Mitigations:
Refer to mitigation measures MM4.1-1 through MM4.1-16
provided above.
c) Finding:
The City Council finds that the cumulative air quality impact
cannot be mitigated to a less-than-significant level and a
significant and unavoidable cumulative impact would occur, as
identified in the FEIR.
2. Operational Noise (DEIR)
a) Facts/Effects:
(1) Excessive Exterior Noise Levels. The proposed project site
and the surrounding area is located within the noise impact
boundary for LAX. Consequently future residents of the proposed
project would be exposed to existing exterior noise levels that
exceed established standards for residential uses. Additional
residential development within the noise impact boundary for LAX
may occur in the future resulting in the exposure of additional
residents to excessive exterior noise levels. No mitigation is
24
available to reduce existing exterior noise levels to a level that
would be considered acceptable for residential land uses.
Implementation of mitigation measures MM4.3-6 and MM4.3-7
would ensure that the existing aviation easement remains in place
and future residents are informed of the potential annoyances
associated with proximity to LAX, respectively, but does not
reduce excessive exterior noise levels. Accordingly, the proposed
projects contribution would be considered cumulatively significant.
(2) Airport Noise. The proposed project site and the surrounding
area is located within the noise impact boundary for LAX and as a
consequence future residents of the proposed project would be
exposed to existing exterior noise levels that exceed established
standards for residents. Future residential projects may also be
located within noise impact boundary for LAX, exposing additional
residential to noise levels that exceed the normally acceptable
development standard due the proximity to the LAX. No mitigation
is available to reduce existing exterior noise levels to a level that
would be considered acceptable for residential land uses.
Implementation of mitigation measures MM4.3-6 and MM4.3-7
would ensure that the existing aviation easement remains in place
and future residents are informed of the potential annoyances
associated with proximity to LAX, respectively, but does not
reduce excessive exterior noise levels. As development of the
proposed project would result in the exposure of on-site noise
sensitive uses to an increase in noise levels, the contribution
would be considered cumulatively significant.
b) Finding:
The City Council finds that the cumulative noise impacts cannot
be mitigated to a less-than-significant level and a significant and
unavoidable cumulative impact would occur, as identified in the
FEIR.
G. Growth Inducing Impacts
The City Council finds on the basis of the Initial Study, FEIR, and the record of
proceedings in this matter, that there are no growth inducing impacts.
H. Project Alternatives
1. Reasonable Range of Alternatives
The proposed project analyzes two project options in equal detail
throughout the FEIR and analyzes two potential alternative designs and
one no project alternative. Thus the analysis in the FEIR fulfills CEQA
Guidelines § 15126.6 which requires that the FEIR "describe a range of
reasonable alternatives to the project, or to the location of the project,
which would feasibly attain most of the basic objectives of the project but
would avoid or substantially lessen any of the significant effects of the
project, and evaluate the comparative merits of the alternatives."
25
a) Findings
The City Council finds that the FEIR and the record of
proceedings in this matter describe a reasonable range of
alternatives that could feasibly attain most of the basic objectives
of the 540 East Imperial Avenue Specific Plan Project. The City
Council also finds that the FEIR and record of proceedings in this
matter contains sufficient information about each alternative to
allow for meaningful evaluation, analysis and comparison of the
alternatives.
2. No Project Alternative
a) No Project
The No Project Alternative represents the status quo; the project
site would continue to remain developed with the unoccupied
Imperial Avenue Elementary School and no improvements would
be constructed at the site. No significant and adverse
environmental impacts would occur as a result of the No Project
Alternative.
b) Finding
The City Council finds that the No Project Alternative would fail to
meet the objectives of the proposed project as stated in FEIR
Section 2.0, Project Description, would not be consistent with the
site's zoning of PRD which encourages development of the site
with high quality residential housing, and would not accommodate
the housing needs of the City of El Segundo, as identified in the
2009 Housing Element.
3. Environmentally Superior Alternative
An EIR is required to identify the environmentally superior alternative from
among the reasonable range of potentially feasible alternatives that are
evaluated. In addition to the No Project Alternative, the EIR analyzed
Alternative 1 (Senior Assisted Living Facility and Single-Family
Alternative) and Alternative 2 (Senior Townhome and Single-Family
Alternative).
The No Project Alternative was determined to be the environmentally
superior alternative as it would eliminate all significant and unavoidable
environmental effects; however, CEQA Guidelines Section 15126.6(e)(2)
requires that if the No Project/No Development Alternative is determined
to be the environmentally superior alternative, an environmentally
superior alternative must be identified among the other alternatives.
Accordingly, the environmentally superior alternative would be Alternative
2. While both Alternative 1 and Alternative 2 would achieve all of the
stated project objectives, Alternative 2 would generate the fewest number
of trips compared to project Options 1 and 2 and Alternative 1. As a
result, although the impact conclusions would be the same under both
project Options and Alternatives, Alternative 2 would reduce GHG
26
impacts, air quality impacts during operation, and traffic impacts as a
result of the reduced number of vehicle trips associated with operation of
Alternative 2. None of the significant and unavoidable impacts identified
for the proposed project would be fully eliminated with development of
Alternative 2; however, selection of Alternative 2 would still benefit the
ESUSD and the City. In addition to the reduction of project-related
impacts, Alternative 2 would result in the benefit of the construction of
new senior housing, helping to achieve the objective of the City to provide
this type of housing stock, although Option 1 of the proposed project
would best satisfy the Housing Element needs.
Although Alternative 2 was determined to be the environmentally superior
alternative, between project Option 1 and Option 2, Option 2 is
considered to be the superior project option because project Option 2
would generate less average daily trips (ADT) than Option 1 (428 ADT vs.
926 ADT), and would therefore result in reduced operational air quality,
GHG, and traffic impacts compared to Option 1. However, Option 2 of the
proposed project would not result in the benefit of the construction of new
senior housing and assisted living opportunities that would result from
Option 1 of the proposed project.
III. STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council finds on the basis of the FEIR and the record of proceedings in this
matter that the unavoidable significant impacts of the 540 East Imperial Avenue Specific
Plan Project as discussed in Section II.D. above are acceptable when balanced against
the benefits of the Project. This determination is based on the following substantial
public and social factors as identified in the FEIR and the record of proceedings in the
matter. Each benefit set forth below constitutes an overriding consideration warranting
approval of the project.
• The proposed project would accommodate the housing needs of the City of El
Segundo including senior and affordable housing as identified in the 2009
Housing Element.
• The proposed project would provide necessary income to the ESUSD from the
unused school site.
• The proposed project would replace the vacant and deteriorating elementary
school with well-designed residential development, improving the visual quality of
the neighborhood.
IV. SUBSTANTIAL EVIDENCE
The City Council finds and declares that substantial evidence for each and every finding
made herein is contained in the FEIR, which is incorporated herein by this reference,
and in the record of proceedings in the matter.
V. CERTIFICATION OF EIR
The City Council certifies that the Final Environmental Impact Report SCH
#2011071019, dated February 2012, for the 540 East Imperial Avenue Specific Plan
27
Project was completed in compliance with the California Environmental Quality Act and
Public Resources Code §§ 21000, et seq.
28
CITY COUNCIL RESOLUTION NO. 4772 EXHIBIT B
CITY OF EL SEGUNDO
5 4 0 EAST IMPERIAL AVENUE
SPECIFIC PLAN PROJECT
Environmental Impact Report
SCH No. 2011071019
Project Case Nos. EA 890, DA10-02, SP10-03, SUB 10-01 ,
ZTA 10-06, ZC 10-01 , GPA 10-03
Mitigation Monitoring and Reporting Program
Prepared for
City of El Segundo
Planning and Building and Safety Department
350 Main Street
El Segundo, California 90245
Prepared by
Atkins
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
January 2012
Mitigation Monitoring and Reporting Program
INTRODUCTION
The Final Environmental Impact Report for the 540 East Imperial Avenue Specific Plan Project (State
Clearinghouse #2011071019) identified mitigation measures to reduce the adverse effects of the project
in the areas of: air quality, greenhouse gas emissions, noise, and transportation. Additionally, the Initial
Study for the 540 East Imperial Avenue Specific Plan Project identified mitigation measures to reduce
adverse effects of the project in the areas of: aesthetics, biological resources, cultural resources, geology
and soils, and hazards and hazardous materials.
The California Environmental Quality Act (CEQA) requires that agencies adopting environmental
impact reports ascertain that feasible mitigation measures are implemented, subsequent to project
approval. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for
mitigation measures incorporated into a project or imposed as conditions of approval. The program must
be designed to ensure compliance during applicable project timing, such as design, construction, or
operation (Public Resource Code Section 21081.6).
The Mitigation Monitoring and Reporting Program (MMRP) shall be used by the City El Segundo staff
responsible for ensuring compliance with mitigation measures associated with the 540 East Imperial
Avenue Specific Plan Project. Monitoring shall consist of review of appropriate documentation, such as
plans or reports prepared by the party responsible for implementation, or by field observation of the
mitigation measure during implementation.
The following table identifies the mitigation measures by environmental resource area. The table also
provides the specific mitigation monitoring requirements, including implementation documentation,
monitoring activity, timing and responsible monitoring party. Verification of compliance with each
measure is to be indicated by signature of the mitigation monitor, together with date of verification. The
Project Applicant and the Applicant's contractor shall be responsible for implementation of all mitigation
measures,unless otherwise noted in the table.
City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 1
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City Council Resolution No. 4772
Exhibit C
El Segundo General Plan Land Use Element Excerpt - Page 3-6
Residential Designations
Strike the following text on page 3-6:
Planned Residential Development
Permits a mixture of residential uses on the former Imperial School
Site with a maximum of 29 single family detached dwelling units
uses that are compatible with surrounding land uses -11-is
designator-is-not tended to be used elsewhere within the City.
And add the following text in a separate paragraph immediately below Multi-
Family Residential on page 3-6:
"540 East Imperial Avenue Specific Plan: Permits a mix of
residential uses with two possible development options. Option 1
would allow up to a maximum of 304 units in a Senior Housing
Community with a Multi-Family Residential (R-3) component, or
Option 2 would allow up to a maximum of 58 units in a Mixed
Residential Development (single-family and multi-family units).
This designation is intended to encourage design flexibility and
provide transitional densities and uses that are compatible with
surrounding land uses. This designation is not intended to be used
elsewhere within the City."
S:\CTYCLRK\Documentcpy RESOS\2012\4772 Exhibit Cdoc
City Council Resolution No. 4772
Exhibit D
Excerpt from Page 3-9 of the El Segundo General Plan Land Use
Element
Proposed Land Use Plan
The following text on page 3-9 should be revised as shown below
"Northwest Quadrant
The northwest quadrant of the City has the most varied mix of uses within the City. All
of the City's residential units, the Downtown area, the Civic Center, and the older
industrial area of Smoky Hollow, are located in this quadrant. The 1992 Plan retains the
three residential designations found on the old Plan: single-family, two-family, and multi-
family, plus a new designation of Planned Residential Development 540 East Imperial
Avenue Specific Plan.1 The Plan shows 357.2 acres of single-family, 57.4 acres of two-
family, 119.3 acres of multi-family and 5.7 5.65 acres of planned residential development
540 East Imperial Avenue Specific Plan. This includes the re-designation of Imperial
Avenue School, which is no longer used for educational purposes, from Public Facility to
Planned Residential Development Planned Residential Development to 540 East Imperial
Avenue Specific Plan. The total number of dwelling units projected by the Plan is 7674
8,0892. One of the major goals of the 1992 Plan is to preserve the residential
neighborhoods."
All other text in this section will remain unchanged.
1 The 540 East Imperial Avenue Specific Plan designation was added via General Plan Amendment 10-03.
2 The new total of 8,089 represents the maximum number of units developed under Option l of the 540
East Imperial Avenue Specific Plan. This number will be lower(7,843 units)if Option 2 is developed with
a maximum of 58 units.
CITY COUNCIL RESOLUTION NO. 4772 EXHIBIT E
1992 General Plan
Summary of Existing Trends Buildout
Land Use Category Acres Dwelling Square Footage
Units
Single-Family Residential 357.2 2,858 -
Two-Family Residential 57.4 934 -
Planned-Residential 5T7 65 -
540 East Imperial Avenue Specific _
Plan 5.65 3043 -
Multi-Family Residential 119.7 3,389 -
Neighborhood Commercial 6.6 851 89,110
Downtown Commercial 8.8 181 383,328
General Commercial 37.1 - 1,618,508
Corporate Office 216.6 - 12,539,209
Commercial Center 85.8 - 850,000
Smoky Hollow 94.1 268 2,019,454
Urban Mixed-Use North 232.5 - 13,166,010
Urban Mixed-Use South 70.6 - 3,997,936
124th Street Specific Plan 3.9 1 73,530
Aviation Specific Plan 5.4 - 66,000
Downtown Specific Plan 26.3 2321 1,145,628
Corporate Campus Specific Plan 46.5 - 2,550,000
199 North Continental Boulevard - - -
Specific Plan 1.75 - 70,132
Parking 11.8 - -
Light Industrial 356.1 - -
Heavy Industrial 1001 - 18,529,000
Public Facilities 87.9 - _2
Federal Government 90.6 - -
Open Space 78.3 - -
Parks 50 - -
Street and Railroad R.O.W 442.6 - -
Totals 3494.3 WO 57,097,845
3,494.25 8,089
Population Projection 17,287
1 Existing construction and recently constructed,renovated commercial centers and legal non-conforming
residential uses at densities that are currently higher than allowed by the land use designations in this plan will not
realistically be converted to mixed commercial/residential uses and these buildings are expected to remain for the
life of the Plan.
2 The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison
Generation Station. These facilities have processing equipment and tanks rather than buildings and are expected to
remain for the life of the Plan. Therefore,no estimated building square footage is shown.
3 This number represents the maximum number of dwelling units that can he developed in Option 1 of the
540 East Imperial Avenue Specific Plan. If Option 1 is not built,the maximum number of units that can be
developed in Option 2 of the 540 East Imperial Avenue Specific Plan is 58 residential dwelling units.
f
EXHIBIT F
IMPERIAL HWY Proposed Change to:
City of Los Angeles
-_-___-_-_-_-_-_�_ _—_____._—__—_-----_____—_—_—_ 540 E Imperial Ave Specific Plan ----------.
E IMPERIAL AVE
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CO
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E WALNUT AVE
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E SYCAMORE AVE a —
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i MCCARTHY CT
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540 East Imperial Avenue c`T Y °,,,
Proposed General Plan Amendment •+ o
City of El Segundo Land Use Map {S�ou�°
CITY COUNCIL RESOLUTION NO. 4772 Exhibit "G"
CITY COUNCIL ORDINANCE NO. 1469 Exhibit "D"
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), the
El Segundo Unified School District, agrees to comply with the following provisions as
conditions for the City of El Segundo's approval of Environmental Impact Report for
Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific
Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06,
Development Agreement No. 10-02, and Subdivision 10-01 for Vesting Tentative Map
Nos. 71410 and 71582 ("Project Conditions").
Planning and Building Safety Department
1. Before building permits are issued, the applicant must submit plans
demonstrating substantial compliance with the plans and conditions
of approval on file with the Planning and Building Safety
Department. A maximum of 304 units are permitted in Option 1 and
a maximum of 58 units in Option 2. Any subsequent modification to
the project as approved, including the site plan, floor plan,
elevations, landscaping and materials, must be referred to the
Director of Planning and Building Safety to determine whether the
Planning Commission should review the proposed modification.
2. Before building permits are issued, the applicant must obtain all the
necessary approvals, licenses and permits and pay all the
appropriate fees as required by the City.
3. The applicant must comply with all mitigation measures identified in
the Final Environmental Impact Report prepared for the Project. A
Mitigation Monitoring and Reporting Program (MMRP) was
prepared as part of the environmental review for the project and is
attached as Exhibit "B" to this Resolution. The mitigation measures
of the MMRP are incorporated into these conditions of approval by
reference. All mitigation measures and conditions of approval must
be listed on the plans submitted for plan check and the plans for
which a building permit is issued.
4. Any changes to the colors and materials of the exterior façade of
the building must be in compliance with the 540 East Imperial
Avenue Specific Plan Section 4.2(F) Development Standards and
approved to the satisfaction of the Director of Planning and Building
Safety.
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5. Before the City issues a building permit, the applicant must submit
final landscaping and irrigation plans to the Planning and Building
Safety Department and the Parks and Recreation Department for
review and approval to demonstrate compliance with the City's
Water Conservation regulations and Guidelines for Water
Conservation in Landscaping (ESMC §§ 10-2-1, et seq.). The plant
materials used in landscaping must be compatible with the El
Segundo climate pursuant to Sunset Western Garden Book's Zone
24 published by Sunset Books, Inc., Revised and Updated 2001
edition, which is available for review at the Planning and Building
Safety Department. Additionally, the landscaping and irrigation
must be completely installed before the City issues a final
Certificate of Occupancy. Additionally, the final landscaping and
irrigation plans must comply with the following:
• Reclaimed water must be used as the water source to
irrigate landscaped areas, if feasible. To that end, dual water
connections must be installed to allow for landscaping to be
irrigated by reclaimed water, if feasible.
• Efficient irrigation systems must be installed which minimize
runoff and evaporation and maximize the water which will
reach plant roots (e.g., drip irrigation, automatic sprinklers
equipped with moisture sensors).
• Automatic sprinkler systems must be set to irrigate
landscaping during early morning hours or during the
evening to reduce water losses from evaporation. Sprinklers
must also be reset to water less often in cooler months and
during the rainfall season so that water is not wasted by
excessive landscaping irrigation.
6. Selection of drought-tolerant, low-water consuming plant varieties
must be used to reduce irrigation water consumption, in compliance
with ESMC §§ 10-2-1, et seq.
7. The applicant must provide a sufficient number of bicycle racks to
accommodate storing at least 8 bicycles.
8. Employees must be provided current maps, routes and schedules
for public transit routes serving the site; telephone numbers for
referrals on transportation information including numbers for the
regional ridesharing agency and local transit operators; ridesharing
promotional materials; and bicycle route and facility information.
Two kiosks with such information must be provided for Option 1
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with one Kiosk located in the senior portion of the project and the
second kiosk located in the assisted living facility to the satisfaction
of the Director of Planning and Building Safety. One kiosk must be
provided in Option 2 in the senior housing/multi-family portion of the
project site to the satisfaction of the Director of Planning and
Building Safety.
9. Trash and recycling enclosures must be provided and shown on the
site plan that are sufficiently large enough to store the necessary
bins required for the regular collection of commercial solid waste
and recyclable materials. The site plan with the location and
dimensions of the trash and recycling enclosure and an elevation
view of the enclosure must be provided to the Planning and
Building Safety Department for review and approval before the City
issues building permits. Separate trash and recycling facilities must
be provided for each of the three components of Option 1 (senior
housing, assisted living and multi-family). Separate trash and
recycling enclosures must be provided for the multi-family portion of
Option 2.
10. Ground level mechanical equipment, refuse collectors, storage
tanks, generators, and other similar facilities must be screened
from view with dense landscaping and walls of materials and
finishes compatible with the overall design of the project and any
ancillary buildings.
11. Exterior lighting must be designed to minimize off-site glare.
12. The building must be designed to comply with all ESMC standards
for the attenuation of interior noise.
13. Before the City issues a Certificate of Occupancy the applicant
must provide the Planning and Building Safety Department a status
report on the Leadership in Energy and Environmental Design
(LEED) certification process that includes the GBCI scorecard. The
Director of Planning and Building Safety will determine if the items
identified on the scorecard and report, show a good faith effort to
obtain LEED certification and warrant release of this condition.
Within one month of receiving LEED certification, the applicant
must furnish proof of certification to the Planning and Building
Safety Department.
14. The applicant agrees to set aside 15% of the total number of units
constructed for Option 1. The units must be distributed as follows:
31% of the total 15% for the extremely low income senior
household category; 31% of the 15% for the very low income senior
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household category; and 38% of the 15% for the low income senior
household category to be split equally between the assisted living
and condominium/apartment units. Percentages for the total
number of units and for each income category must be calculated
by rounding to the nearest whole number not to exceed the
maximum required percentage. The Developer must submit an
income verification monitoring plan to the Director of Planning and
Building Safety before issuance of Certificate of Occupancy.
15. The applicant agrees to set aside 10% of the total number of units
constructed for Option 2. The units must be distributed as follows:
31% of the total 10% for the extremely low income senior
household category; 31% of the 10% for the very low income senior
household category; and 38% of the 10% for the low income senior
household category to be split equally between the multi-family
condominium/apartment units. Any affordable housing units that are
required based on the single-family component of Option 2 may be
satisfied by developing the requisite number of units in other
components of the project. Percentages for the total number of
units and for each income category must be calculated by rounding
to the nearest whole number not to exceed the maximum required
percentage. The Developer must submit an income verification
monitoring plan to the Director of Planning and Building Safety
before issuance of Certificate of Occupancy.
16. The applicant must provide a marketing implementation plan that
includes, without limitation, notification to residents of El Segundo
regarding the availability of affordable housing in the project,
eligibility requirements, application requirements, and access to
application materials to the satisfaction of the Director of Planning
and Building Safety.
17. A minimum of two building materials must be provided in each
component of each project option (Option 1 and Option 2) to the
satisfaction of the Director of Planning and Building Safety.
18. The project must meet all design criteria of the Specific Plan to the
satisfaction of the Director of Planning and Building Safety.
Building Division Conditions
19. Before building permits are issued, the applicant must submit a
geotechnical/soils report, along with an associated grading plan
that addresses the current code to the Planning and Building Safety
Department for review and approval.
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20. Before grading permits are issued, the applicant must submit a
soils report to the Planning and Building Safety Department for
review and approval.
21. Before grading permits are issued, the applicant must submit a
grading plan to the Planning and Building Safety Department for
review and approval. Before building permits are issued, plans
must show conformance with the 2010 California Building Code,
2010 California Mechanical Code, 2010 California Plumbing Code,
2010 California Electrical Code, and 2010 California Energy Code,
all as adopted by the ESMC.
22. Before building permits are issued, plans must show compliance
with accessibility requirements per the 2010 California Building
Code, as adopted by the ESMC.
23. The applicant must provide a complete pool enclosure that
encompasses the pool per the 2010 California Building Code, as
adopted by the ESMC.
24. The applicant must provide a disabled access lift to access the pool
per the 2010 California Building Code, as adopted by the ESMC.
25. At least one stairway must access the roof per the 2010 California
Building Code, as adopted by the ESMC.
26. The Applicant must execute a restrictive covenant, in a form
approved by the City Attorney, subjecting development of the real
property affected by the Project to the air easements imposed by
the final judgment in Los Angeles Unified School District v. City of
Los Angeles, et al., LASC Case No. 965,067 filed January 7, 1980
and recorded as Document No. 80-55139 with the Los Angeles
County Recorder's Office.
Fire Department Conditions
27. The project must comply with all applicable requirements in the
2010 California Building and Fire Codes, and the 2009 International
Fire Code as adopted by the ESMC and El Segundo Fire
Department regulations.
28. Construction of any cafeteria or kitchen facilities in the assisted
living facility must include installation of a grease interceptor
capable of removing fats, oils, and grease from the kitchen waste
stream. If the Los Angeles County Health Department determines
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that the food preparation area does not require the installation of
grease interceptors, then this condition will not be required.
29. Construction activities must include a storm water pollution
prevention plan addressing non-storm water run-off, debris
removal, track-out and protection of storm water system.
30. Any diesel-powered generators must be approved by the Fire
Department, Environmental Safety Division, and provide for
secondary containment, placarding, spill detection and prevention.
Underground tanks require additional environmental monitoring
requirements.
31. The applicant must provide the Environmental Safety Division of
the El Segundo Fire Department an inventory of any and all
chemicals used for laundry, pool or house cleaning, emergency
generators or other devices.
32. The applicant, or designee, must contact Underground Service
Alert before digging or excavating.
33. Any demolition must be screened for asbestos and lead, with
proper notifications to South Coast Air Quality Management District
(SCAQMD).
Public Works Department Conditions
34. All onsite utilities including, without limitation, water, electricity, gas,
sewer and storm drains, must be installed underground. Contact
Southern California Edison for required service and underground
requirements (Mr. John Deng at (310) 783-9305).
35. Before the City issues a Certificate of Occupancy, the applicant
must ensure that all curb, gutters, asphalt and concrete pavement
and driveway aprons fronting 540 East Imperial Avenue and the
property frontage along Walnut Avenue will be replaced as required
by the Public Works Department.
36. Before the City issues a Certificate of Occupancy, all damaged or
off-grade curb, sidewalk and pavement must be removed and
replaced as required by the Public Works Department.
37. The applicant must secure any required encroachment permits
from the Public Works Department before commencing any work in
the public right-of-way.
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38. The project must comply with the latest National Pollution
Discharge Elimination System (NPDES) requirements and provide
Best Management Practices (BMPs) for sediment control,
construction material control and erosion control.
39. Before the City issues a building permit, the location and sizes of all
proposed water meters must be approved by the City's Water
Division.
40. Before the City issues a building permit, the applicant must clean
and inspect (via remote TV camera) the project sewer lateral. If
found impaired, the applicant is responsible for the replacement of
the lateral.
41, A registered civil engineer must provide storm (hydrologic and
hydraulic) calculations for appropriate storm drain facilities to
control on-site drainage and mitigate off-site impacts, as follows,
subject to review and approval from the Public Works Department:
• The design must follow the criteria contained in both the Los
Angeles County Department of Public Works Hydrology Manual
2006 and Standard Urban Storm Water Mitigation Plan or most
recent editions. Flows must remain in their historical drainage
pattern so as not to impact neighboring properties.
• New development must not increase the rate of flow (cubic feet per
second) or velocity (feet per second) of site run-off water to any off-
site drainage areas beyond the measured or calculated pre-project
rate and velocity.
42. Construction related parking must be provided on-site.
43. All record drawings (as-built drawings) and supporting
documentation must be submitted to the Public Works Department
before scheduling the project's final inspection.
Police Department Conditions
44. Before the City issues a building permit, the applicant must submit
a photometric light study to the Police Department for review and
approval. A site plan must be provided showing buildings, parking
areas, walkways, and the point-by-point photometric calculation of
the required light levels. Foot candles must be measured on a
horizontal plane and conform to a uniformity ratio of 4:1
average/minimum. The photometric study must be point-by-point
and include the light loss factor (.7). Lighting levels must be
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adjusted to meet the minimum foot candle requirements within each
area of the site. All interior or exterior corridors, passageways and
pedestrian walkways and open parking lot shall be illuminated at all
times with a minimum maintained one foot-candle of light on the
walking surface.
45. A schematic plan of the security camera system must be submitted
and approved by the El Segundo Police Department before the City
issues a building permit, and must be included as a page in the
stamped approved set of plans.
46. Lighting devices must be enclosed and protected by weather and
vandal resistant covers.
47. Stairways must be illuminated with a minimum maintained one foot-
candle of light on all landings and stair treads at all times.
48. Recessed areas of building or fences, which have a minimum depth
of two feet, a minimum height of five feet, and do not exceed six
feet in width and are capable of human concealment, must be
illuminated with a minimum maintained 0.25 foot-candles of light at
ground level during the hours of darkness. This requirement applies
to defined recessed areas which are within six feet of the edge of a
designated walking surface with an unobstructed pathway to it, not
hindered by walls or hedge row landscaping a minimum of two feet
in height.
49. All types of exterior doors must be illuminated during the hours of
darkness, with a minimum maintained one foot-candle of light
measured within a five-foot radius on each side of the door at
ground level. The light source must be controlled by a photocell
device or a time-clock with an astronomic clock feature and capable
of operating during a power outage.
50. The addressing, open parking lot and trash dumpster must be
illuminated with a maintained minimum of one foot-candle of light
on the ground surface during hours of darkness.
51. Street addressing must be a minimum of 6 inches high and must be
visible from the street or driving surface, of contrasting color to the
background and illuminated during hours of darkness. Addressing
must also be shown on plan elevations.
52. All landscaping must be low profile around perimeter fencing,
windows, doors and entryways so as not to limit visibility or provide
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climbing access. Dense bushes cannot be clumped together in a
manner that provides easy concealment.
53. Stairwell doors exiting onto the street must have a minimum 100-
square inch vision panel, with a minimum five inch width, to provide
visibility into the area being entered. Vision panels must meet the
requirements of the California Building Code, as adopted by the
ESMC. Vision panels must preclude manipulation of the interior
locking device from the exterior.
54. Interior stairwell doors must have glazing panels a minimum of five
inches wide and 20 inches in height and meet the requirements of
the California Building Code, as adopted by the ESMC. Guest
rooms must have a deadbolt lock, a secondary security latch and a
wide angle (190-200 degree) door viewer, not to be mounted more
than 58 inches from the bottom of the door.
55. Exterior mounted ladders are prohibited except: (1) ladders with a
minimum 1/8 inch thick steel plate, securely attached to the ladders
edge on each side, and extending to within two inches of the wall
for a height of ten feet above ground level. A door and cover must
be securely attached to the front of the ladder, and be constructed
of minimum 1/8-inch steel, extending from ground level to at least
ten feet high. The ladder must have non-removable hinge pins and
be locked securely against the side wall by a locking mechanism
with a minimum five pin tumbler operation; or (2) the bottom of the
ladder must begin ten feet above the ground surface.
56. All pool entrances must be posted with "No Trespassing" signs.
57. Any pool restroom and shower doors must have access control as
reviewed and approved by the El Segundo Police Department.
58. Exterior gates leading to the pool must be secured by electronic
access control.
59. When a specific project option is selected, the ESPD may require
the applicant to comply with more specific requirements as they
pertain to: doors/hardware, windows, mailboxes, lighting,
landscaping, addressing, stairwells, trash dumpsters, parking, other
possible requirements they may pertain to a specific assisted living
facility layout (access controls).
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Construction Conditions
60. Before any construction occurs the perimeter of the property must
be fenced with a minimum 6-foot high fence. The fence must be
covered with a material approved by the Planning and Building
Safety Department to prevent dust from leaving the site.
61. Public sidewalks must remain open at all times.
62. All haul trucks hauling soil, sand, and other loose materials must
either be covered or maintain two feet of freeboard.
63, NOx emissions during construction must be reduced by limiting the
operation of heavy-duty construction equipment to no more than 5
pieces of equipment at any one time.
64. Staging of construction vehicles and vehicle entry and egress to the
site must be approved by the Public Works Department. Temporary
construction driveways must be approved by the Public Works
Department. Temporary construction driveways must be removed
before the City issues a certificate of occupancy.
65. Construction vehicles cannot use any route except the City's
designated Truck Routes.
66. The applicant must develop and implement a construction
management plan, as approved by the Public Works Department,
which includes the following measures recommended by the
SCAQMD:
• Configure construction parking to minimize traffic
interference.
• Provide temporary traffic controls during all phases of
construction activities to maintain traffic flow (e.g., flag
person).
• Re-route construction trucks away from congested streets.
• Maintain equipment and vehicles engines in good condition
and in proper tune as per manufacturer's specifications and
per SCAQMD rules, to minimize dust emissions.
• Suspend use of all construction equipment during second
stage smog alerts. Contact SCAQMD at (800) 242-4022 for
daily forecasts.
• Use electricity from temporary power poles rather than
temporary diesel or gasoline-powered generators.
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• Diesel-powered equipment such as booster pumps or
generators should be replaced by electric equipment, if
feasible.
• Catalytic converters must be installed, if feasible.
• Equipment must be equipped with two-to-four-degree
engine time retard or pre-combustion chamber engines.
• Use methanol or natural gas powered mobile equipment and
pile drivers instead of diesel if readily available at
competitive prices.
• Use propane or butane powered on-site mobile equipment
instead of gasoline if readily available at competitive prices.
67. During construction and operations, all waste must be disposed in
accordance with all applicable laws and regulations. Toxic wastes
must be discarded at a licensed, regulated disposal site by a
licensed waste hauler.
68. All leaks, drips and spills occurring during construction must be
cleaned up promptly and in compliance with all applicable laws and
regulations to prevent contaminated soil on paved surfaces that can
be washed away into the storm drains.
69. If materials spills occur, they must be cleaned up in a way that will
not affect the storm drain system.
70. The project must comply with ESMC Chapter 5-4, which
establishes storm water and urban pollution controls.
71. Before anticipated rainfall, construction dumpsters must be covered
with tarps or plastic sheeting.
72. 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.
73, The owner or contractor must conduct daily street sweeping and
truck wheel cleaning to prevent dirt in the storm drain system.
74. Storm drain system must be safeguarded at all times during
construction.
75. All diesel equipment must be operated with closed engine doors
and must be equipped with factory-recommended mufflers.
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76. Electrical power must be used to run air compressors and similar
power tools.
77. The applicant must provide a telephone number for local residents
to call to submit complaints associated with the construction noise.
The number must be posted on the project site and must be easily
viewed from adjacent public areas.
78. During construction, the contractor must store and maintain
equipment as far as possible from adjacent residential property
locations northwest of the site.
79. As stated in ESMC Chapter 7-2, construction related noise is
restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through
Saturday, and prohibited at anytime on Sunday or a Federal
holiday.
Impact Fee Conditions
80. Pursuant to ESMC §§ 15-27A-1, et seq., and before building
permits are issued, the applicant must pay a one-time library
services mitigation fee in accordance with Section 5.4 of the
Development Agreement and Resolution No. 4687. The fee amount
must be based upon the adopted fee at the time the building permit
is issued.
81. Pursuant to ESMC §§ 15-27A-1, et seq., and before building
permits are issued, the applicant must pay a one-time fire services
mitigation fee in accordance with Section 5.4 of the Development
Agreement and Resolution No 4687. The fee amount must be
based upon the adopted fee at the time the building permit is
issued.
82. Pursuant to ESMC §§ 15-27A-1, et seq., and before building
permits are issued, the applicant must pay a one-time police
services mitigation fee in accordance with Section 5.4 of the
Development Agreement and Resolution No. 4687. The fee amount
must be based upon the adopted fee at the time the building permit
is issued.
83. Pursuant to ESMC §§ 15-27A-1, et seq., and before building
permits are issued, the applicant must pay a one-time park services
mitigation fee in accordance with Section 5.4 of the Development
Agreement and Resolution No. 4687. The fee amount must be
based upon the adopted fee at the time the building permit is
issued.
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84. Before building permits are issued, the applicant must pay the
required sewer connection fees (as specified in ESMC Title 12-3).
85. Pursuant to ESMC §§ 15-27A-1, et seq., and before the City issues
a certificate of occupancy, the applicant must pay a one time traffic
mitigation fee in accordance with Section 5.4 of the Development
Agreement and Resolution No. 4443.
86. Before building permits are issued, the applicant must pay the
required School Fees. This condition does not limit the applicant's
ability to appeal or protest the payment of these fees to the school
districts(s).
Miscellaneous
87. The vesting tentative maps (VTM No. 71410 and VTM No. 71582)
will expire pursuant to Government Code § 66452.6 and ESMC §
14-1-12. Only one VTM may be recorded.
88. The El Segundo Unified School District, 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. 890, General Plan Amendment No. 10-03,
Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text
Amendment No. 10-06, Development Agreement No. 10-02, and
Subdivision No. 10-01. 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. 890, the El Segundo Unified
School District., 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.
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By signing this document, Geoff Yantz on behalf of the El Segundo Unified School
District, certifies that he read, understands, and agrees to the Project Conditions listed
in this document.
Geoff Yantz, Superintendent
El Segundo Unified School District
P:\Planning & Building Safety\Planning - OId\PROJECTS (Planning)\876-900\EA-890\City Council April 3 2012\EA-
890.CC.conditions of approval.04.03.12.doc
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