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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; 1 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." 2 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; 3 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; 4 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; 5 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 6 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 7 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 8 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. 9 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 • 6 P:\Planning&Building Safety\Planning\PROJECTS(Planning)\876-900\EA-890\CC March 20 2012\EA-890 CC Reso 3.20.2012.doc 10 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) 3 • 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. 4 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 5 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 6 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. 12 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 [ w ce 2 2 VS IY w a E aU) ex 0 0 C 0 0_ U U 0 a a) D f > Q 0 iJ G) 0 0 a j. . C1 �o -O —O -oo -°o 9. CC .0 = > = = •= = 15 a.R (D = 01-03 °� a°)i a°ia a) � is c LJ d o U f° cn a CO_ `° CI) a N m ii a cn a) CO a cO CO a) 0 V) 15 ark4 W °C' 0 E w e 0) E w 0) o, E w �' o f w �' rn E 0 •� C �. O .0 C OC C OC '�C- OC OC xi- O w C a d C - 0_ C Q C o_ .>'. 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M V ■ 01 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 :II LII r t F SI 4 tri .., It�� t -i'�I 1 rll F v- r•-t;, Il _.�."':' :'J=! -:I:1 I. 17511 . VI 1. .,1• 4 V. . , wl . ti } `,-",-4:',:.,;.:,!'' ..:1:::; '''' , ' -I l'Z'I... ' .- I�� 7- I.. �,ti� } ��► ' ma=r I� a... �-- ��., ;I{' iiLi lil ,'i ~,',I SINGLE- '1• ` �' "r, FAMILY SINGLE PAMILY julNfitfFAMILY I / co d I /I O p I At 1, 1 iaf - SINGLSFAMILY CO i_•' -=,i� I�IA . � III poi, -iNr-:11 ._ � ° 1 �`IS`'� � �f1 7 I 11 Ili � � ;. • I 1 1 -)}I. �1 III : IIII Ikl ,1 r Irk:. ,r '►>r . I . .�I I - - r ', E WALNUT AVE -- I- — i - --- I- I U NGLE-FAMILY ^iNua:FAfMLY: SINGLE- 2 I y TI FAMILY 7WQAMILT a — a = SINGLE-F) I 0 —I I- to Z tikin FpJYIILYi w l E SYCAMORE AVE a — I —0 100 200 300 - i MCCARTHY CT Feet I _ — I SItIGLEFAMILY TWO-FAMILY- c I 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. -1- 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 -2- 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 -3- 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. -4- 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 -5- 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. -6- 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 -7- 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 -8- 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). -9- 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. -10- • 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. -11- 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. -12- 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. -13- 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 -14-