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CC RESOLUTION 5155 - NullRESOLUTION NO. 5155 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING AN AMENDMENT TO ENVIRONMENTAL ASSESSMENT NO. 1154 AND A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT TO AMEND THE AFFORDABLE HOUSING REQUIREMENT TO PROVIDE FOR EIGHT AFFORDABLE UNITS FOR QUALIFIED MODERATE INCOME HOUSEHOLDS WITHIN THE RESIDENTIAL DEVELOPMENT. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On March 20, 2012, the City Council approved the "540 East Imperial Avenue Specific Plan" (Specific Plan 10-03) and other entitlements, to allow for the construction of one of two possible conceptual options on a 5.65 -acre surplus school site then -owned by the EI Segundo Unified School District. Option 1 consisted of a three-story, 150 unit assisted living complex and a 154 -unit senior apartment/condominium complex. Option 2 consisted of 34 multi -family dwelling units taking access from Imperial Avenue (six of which would be designated for low, very low and extremely low affordable units), and 24 single-family dwelling units taking access from Walnut Avenue, for a total of 58 units; B. On September 28, 2016, the EI Segundo City Council adopted Resolution No. 4999, approving Environmental Assessment No. EA 1154, an amendment to the 540 East Imperial Avenue Specific Plan, and the First Amendment to Development Agreement No. 16-01 for the development of Option 2 described above; C. Pursuant to the conditions of approval contained in Resolution No. 4999, which were agreed to by D.R. Horton CA2, Inc. (either the "Applicant" or "Developer"), the approved residential development must set aside six multi -family units as affordable units, for sale to qualified lower income households. Specifically, two units must be affordable to extremely low income households, two units affordable to very low income households, and two units affordable to low income households. The City Council also conditioned the project on members of the military being given priority for the affordable housing units; D. On August 6, 2018, the Applicant filed an application to amend the affordable housing requirement for the residential development; E. On September 5, 2018, the application was deemed incomplete pending the submittal of additional information, including details about what amendments are being requested; F. On January 10, 2019, a notice was provided to 119 property owners within a 300 - foot radius of the 540 East Imperial Avenue project site, and a notice was also published in the El Segundo Herald on January 10, 2019, indicating that a public hearing was scheduled with the Planning Commission on January 24, 2019; G. On January 22, 2019, the applicant submitted a request to continue the item to a future date; H. On January 24, 2019, the Planning Commission continued the hearing and directed that notice be provided for the Planning Commission hearing; On February 11, 2019, the Applicant submitted a letter to amend the affordable housing requirement for the residential development, requesting that the affordability be changed to provide eight units at the moderate income level; J. On February 14, 2019, a notice was provided to 119 property owners within a 300 - foot radius of the 540 East Imperial Avenue project site, and a notice was also published in the El Segundo Herald on February 14, 2019, indicating that a public hearing was scheduled with the Planning Commission on February 28, 2019; K. The Planning Commission conducted a public hearing on February 28, 2019, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments as set forth in the Planning Commission Staff Report of that date and to receive public testimony and other evidence regarding the proposed amendments, including, without limitation, information provided to the Planning Commission by City staff and public testimony; L. On February 28, 2019, the Planning Commission reviewed and considered the proposed amendments, and adopted PC Resolution No. 2858 recommending the City Council approve this ordinance amending Environmental Assessment No. EA - 1054, 540 East Imperial Avenue Specific Plan and Development Agreement No. 16-01; M. On April 16, 2019, the City Council conducted a public hearing 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 the applicant; N. On April 16, 2019, the City Council requested additional information from the applicant and continued the item to May 21, 2019; O. On May 21, 2019, the City Council continued the item to the June 18, 2019 City Council meeting; P. On June 18, 2019, the City Council received additional public testimony and other evidence regarding the applications including, without limitation, information provided to the City Council by City staff and public testimony, and the applicant; and, Q. Concurrently with this resolution, the City Council has also introduced and is expected to adopt an ordinance approving an amendment to the 540 East Imperial Avenue Specific Plan and a Second Amendment to the Development Agreement. RESOLUTION No. 5155 Page 2 of 17 SECTION 2: Factual Findings and Conclusions. The City Council finds the following: A. Based upon the income limits for each income category, the financial viability of households in the extremely low, very low and low-income categories is not sustainable, and they would be challenged with paying essential and basic housing costs, including mortgage, HOA fees, property taxes, and housing maintenance costs. Thus, households in these income categories would be placed in a position that make them vulnerable to defaulting on their loans. B. Households in the moderate income category are more appropriate in a "for -sale" development, such as the development at the 540 East Imperial Avenue site. Based on the recommendation of the City's affordable housing consultant, the affordable housing requirement can be amended to require eight units be affordable to qualified moderate income households. C. The amendment is in the City's best interest as it provides for two additional affordable housing units than what was originally required; the amendment makes progress towards meeting the city's regional share of housing in the moderate income category; the amendment expands opportunity of homeownership to a larger group of prospective homebuyers; the amendment is consistent with the City's Housing Element; and, the amendment is consistent with the project approvals that requires affordable housing on-site, within the boundaries of the new development. SECTION 3: Environmental Assessment. An Addendum to the Environmental Impact Report (EIR) for the development project was certified by the City Council on September 28, 2016. The requested amendment to the affordable housing requirement does not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the Council - certified EIR Addendum. Further, the project does not include changed circumstances or new information, which were not known at the time the EIR was certified, that would require the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines. SECTION 4: General Plan Findings. Amending the affordable housing requirement to require that eight condominium units be affordable to moderate income households is consistent with Housing Element Goal 2 to "Provide sufficient new, affordable housing opportunities in the City to meet the needs of groups with special requirements, including the needs of lower and moderate income households." The amendment is consistent with and furthers Housing Element Policy 3.1 to "Provide for the construction of 69 new housing units during the 2014-2021 planning period in order to meet the goals of the Regional Housing Needs Assessment (RHNA)." The City acknowledges, however, that due to the approval of the amendment, additional sites will need to be identified to accommodate the City's RHNA by income level, as discussed in Section 5 below. SECTION 5: Housing Element and "No Net Loss" Finding. The project site was identified as a pending project in the City's certified Housing Element, which would have provided RESOLUTION No. 5155 Page 3 of 17 enough affordable housing units to address the City's RHNA allocation of 29 affordable units in the lower income categories. By adopting this resolution, the City is allowing development of the property with fewer units by income category than identified in the Housing Element. Based on a review of the Housing Element, the City does not find that the remaining sites in the Housing Element are adequate to accommodate the City's share of the regional housing need by income level. Accordingly, pursuant to Government Code § 65863(c)(2), the City will, within 180 days, identify and make available additional adequate sites to accommodate the City's share of the regional housing need by income level. SECTION 6: Approvals. Based on the foregoing and subject to the amended and restated conditions listed on the attached Exhibit 'A" the City Council hereby: A. Approves an amendment to Environmental Assessment No EA 1154; and B. Authorizes the City Manager to execute an amendment to the Affordable Housing Agreement with the Applicant, in a form approved by the City Attorney's office. SECTION 7: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 8: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the city's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 9: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 10: Concurrently with this resolution, the City Council has also introduced and is expected to adopt an ordinance approving an amendment to the 540 East Imperial Avenue Specific Plan and a second amendment to the Development Agreement, amending the affordable housing requirement to provide for eight affordable units for qualified moderate income households within the residential development. In the event that the ordinance is not adopted by the City Council, this resolution will be null and void and of no effect. RESOLUTION No. 5155 Page 4 of 17 SECTION 11: Except as otherwise stated in Section 10, this Resolution will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution. SECTION 12: A copy of this Resolution must be mailed to D.R. Horton Homes CA2, Inc. and to any other person requesting a copy. PASSED, APPROVED AND ADOPTED RESOLUTION No. 5155, this 18th day of June, 20% Drew E(avlAs, Mayor ATTEST:. r - A i )M'oli Tracy Weaver ity Clerk APPROVED AS TO FORM: Mark D. Hensley, ttorney RESOLUTION No. 5155 Page 5 of 17 CITY COUNCIL RESOLUTION NO. 5155 Exhibit A CONDITIONS OF APPROVAL (amended and restated by the City Council on June 18, 2019) In addition to all applicable provisions of the EI Segundo Municipal Code ("ESMC"), D.R. Horton Homes CA2, Inc. ("Applicant") agrees to comply with the following provisions as conditions for the City of El Segundo's approval for Environmental Assessment (EA No. 1154), as amended, 540 East Imperial Avenue Specific Plan, as amended, and a second amendment to Development Agreement No. 16-02 ("Project Conditions"). The proposed revisions to these conditions of approval are illustrated with StFike+h Feuirh for existing language that is proposed for elimination and underlined for proposed new language. 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. 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. 1 The applicant must comply with all mitigation measures identified in the previously certified 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 C 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 fagade of the building must be in compliance with the 540 East Imperial Avenue Specific Plan Amendment Section 4.2(F) Development Standards and approved to the satisfaction of the Director of Planning and Building Safety. 5. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the 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 RESOLUTION No. 5155 Page 6 of 17 Water Conservation in Landscaping (ESMC Title 15, Chapter 15-A). The plant materials used in landscaping must be compatible with the EI 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. & 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. T t n44 [Condition deleted by the City Council on June 18, 2019.] Employees nc" -o a- informatk)-p Gpefat-G — 11*��W­�­ emotional materials; -,.d- biryrale route and Building Safety. One .2 in t ,» • t ho sa. • --. . .z&Ading S-fety-.[Conditiondeleted by • on - I • 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 RESOLUTION No. 5155 Page 7 of 17 Department for review and approval before the City issues building permits. +n vpd fereach Of k� , d living and multi' # Separate trash and recycling enclosures must be provided for the multi -family portion of Option 2. (Condition amended by the City Council on June 18, 2019.1 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. All homes must achieve a 15% improvement over the standards established in the 2013 California Energy Standard Codes. .. .� . Option 1 . The unit b- distributed-4s4o4 31% of the .....w .. r. of the 16% fOF the le ... household -sw,. ., . _. ..._. ._ _s .. c• um, padment units, Ple;oef4ages for the eF of units Founding -to num t tc e_ the- .,aAmum-fequired ._ -Therevel... .. s, infe% •. maniteFingl4o e IDiFeGtoFnT -s • .. [Condition deleted by the City Council on June 18, 2019.] 15, The applicant agrees to set aside 14% of the total number of units constructed for Option 22=13. upits must be dis M.se ho y; ate° ° Any affordable housing units that are required based on the single-family component of Option 22=B 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 and the City must enter into an Affordable Housing Agreement, which will include an income verification monitoring plan, before issuance of Certificate of Occupancy. The project will fulfill the affordability requirements set forth in the Specific Plan by providing a total of B—eight affordable units to qualified moderate income households as defined by the State Income Limits established by the California RESOLUTION No. 5155 Page 8of17 Department of Housing and Communitv Development, which represents 40-0414% of the total 58 units. The units will be provided in the multi -family section of the project and will be dispersed throughout the multi-familv section so that no more than four units will be located in anv one building e.4is#4b+4r9wghout the The "affordable" units must be similar in exterior appearance, interior appointments, and configuration and basic amenities (such as storage space and outdoor living areas) to the "market rate" units in the proposed project. Further, covenants and agreements must be recorded as to the affordable units, which would ensure the units remain affordable for a term of 20 years, concurrently with the recordation of the final map or the issuance of the first certificate of occupancy of the building. (Condition amended by the City Council on June 18, 2019.1 16. The applicant must provide a marketing implementation plan that includes, without limitation, notification to residents of EI 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. 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. 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 2013 California Building Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Electrical Code, and 2013 California Energy Code, all as adopted by the ESMC. For project submitted for plan review after January 1, 2017, the 2016 editions of the uniform codes, as adopted by the City, will apply. 22. Before building permits are issued, plans must show compliance with accessibility requirements per the 2013 California Building Code, as adopted by the ESMC. RESOLUTION No. 5155 Page 9of17 23. The applicant must provide a complete pool enclosure that encompasses the pool per the 2013 California Building Code, as adopted by the ESMC. 24. The applicant must provide a disabled access lift to access the pool per the 2013 California Building Code, as adopted by the ESMC. 25. At least one stairway must access the roof per the 2013 California Building Code, as adopted by the ESMC. Fire Department Conditions 26. The project must comply with all applicable requirements in the 2013 California Building and Fire Codes, and the 2013 International Fire Code as adopted by the ESMC and EI Segundo Fire Department regulations. For projects submitted for plan review after January 1, 2017, the 2016 editions of the uniform codes, as adopted by the City, will apply. 27. 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 that the food preparation area does not require the installation of grease interceptors, then this condition will not be required. 28. 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. 29. 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. 30. The applicant must provide the Environmental Safety Division of the EI Segundo Fire Department an inventory of any and all chemicals used for laundry, pool or house cleaning, emergency generators or other devices. 31. The applicant, or designee, must contact Underground Service Alert before digging or excavating. 32. Any demolition must be screened for asbestos and lead, with proper notifications to South Coast Air Quality Management District (SCAQMD). Public Works Department Conditions 33. All onsite utilities including, without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. Contact Southern California Edison RESOLUTION No. 5155 Page 10 of 17 for required service and underground requirements (Mr. John Deng at (310) 783- 9305). 34. Before the City issues a Certificate of Occupancy, the applicant must ensure that all curb, gutters, A.C. 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. 35. 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. 36. The applicant must secure any required encroachment permits from the Public Works Department before commencing any work in the public right-of-way. 37. 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. 38. 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. 39. 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. 40. 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. 41. Construction related parking must be provided on-site. 42. All record drawings (as -built drawings) and supporting documentation must be submitted to the Public Works Department before scheduling the project's final inspection. RESOLUTION No. 5155 Page 11 of 17 43. Before the City issues a building permit, the applicant must submit a photometric light study to the Police Department for review and approval. A site plan must be provided showing buildings, parking areas, walkways, and the point -by -point photometric calculation of the required light levels. Foot candles must be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. The photometric study must be point -by -point and include the light loss factor (7). Lighting levels must be adjusted to meet the minimum foot candle requirements within each area of the site. All interior or exterior corridors, passageways and pedestrian walkways and open parking lot shall be illuminated at all times with a minimum maintained one foot-candle of light on the walking surface. 44. A schematic plan of the security camera system must be submitted and approved by the EI Segundo Police Department before the City issues a building permit, and must be included as a page in the stamped approved set of plans. 45. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 46. Stairways must be illuminated with a minimum maintained one foot-candle of light on all landings and stair treads at all times. 47. 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. 48. 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. 49. 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. 50. 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. RESOLUTION No. 5155 Page 12 of 17 51. All landscaping must be low profile around perimeter fencing, windows, doors and entryways so as not to limit visibility or provide climbing access. Dense bushes cannot be clumped together in a manner that provides easy concealment. 52. 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. 53. 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. 54. 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. 55. All pool entrances must be posted with "No Trespassing" signs. 56. Any pool restroom and shower doors must have access control as reviewed and approved by the EI Segundo Police Department. 57, Exterior gates leading to the pool must be secured by electronic access control. 58. 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). Construction Conditions 59. Before any construction or demolition 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. RESOLUTION No. 5155 Page 13 of 17 59a. Perimeter walls which are common to adjoining properties along Sheldon Avenue, Walnut Avenue, and McCarthy Court, are allowed a maximum height of 8 feet as measured from the highest grade. 59b. The applicant must provide at least a 48 -hours' notification to all adjacent property owners, before any vermin fumigation. 60. Public sidewalks must remain open at all times. 61. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 62. 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. 63. 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. 64. Construction vehicles cannot use any route except the City's designated Truck Routes. 65. 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. • 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. RESOLUTION No. 5155 Page 14 of 17 • Use propane or butane powered on-site mobile equipment instead of gasoline if readily available at competitive prices. 66. 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. 67. 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. 68. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 69. The project must comply with ESMC Chapter 5-4, which establishes storm water and urban pollution controls. 70. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 71. 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. 72. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 73. Storm drain system must be safeguarded at all times during construction. 74. All diesel equipment must be operated with closed engine doors and must be equipped with factory -recommended mufflers. 75. Electrical power must be used to run air compressors and similar power tools. 76. 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. 77. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 78. 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 any time on Sunday or a Federal holiday. RESOLUTION No. 5155 Page 15 of 17 Impact Fee Conditions 79. 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. 80. 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. 81. 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. 82. 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. 83. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12-3). 84. 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. 85. 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). RESOLUTION No. 5155 Page 16 of 17 Miscellaneous 86. The tentative map will expire pursuant to Government Code § 66452.6 and ESMC § 14-1-12. 87. D.R. Horton Homes CA2, Inc. od S&rjel 'off 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. 1154, Specific Plan Amendment No 16-01 for Specific Plan No. 10-03, Development Agreement Amendment No. 16-01 for Development Agreement No. 10-02, and Subdivision Amendment No. 16-01 for Vesting Tentative Tract Map no 71582. 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. 1154, D.R. Horton Homes CA2. Inc. the I=! Segundo Unified SGh r" 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 EI Segundo's elected officials, appointed officials, officers, and employees. [Condition amended by the City Council on June 18, 2019.] By signing this document, , on behalf of D.R. Horton Homes CA2, Inc., certifies that he/she has read, understood, and agrees to the Project Conditions listed in this document. Name, Title D.R. Horton Homes CA2, Inc. RESOLUTION No. 5155 Page 17 of 17 EXH I BIT C 540"' EAST IMPERIAL AVENUE SCH No. 2011071019 Project Case Nos. EA 890, DA 10-02, SP 10-03, SUB 10-01, ZTA 10-06, ZC 10-01, GPA 10-03 Mitigation Monitoring and Reporting Program Prepared for City of EI Segundo Planning and Building and Safety Department 350 Main Street EI Segundo, California 90245 Prepared by Atkins 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 January 2012 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. 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 EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP I MonNodng and Mons dng Mbjdwn Meastwel Condition of Approval ftpoftg Process Maestone Verficalion of Comprkmce Party Responsible for Monitoring MM4.1-1 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that all diesel -powered equipment notes on grading and issuance of a grading Planning and Building used will be retrofitted with after -treatment products building plans. Review permit. Safety Department (e.g., engine catalysts and diesel particulate filters). and approve contract The engine catalysts must achieve a minimum specifications, grading reduction of 15 percent for NOx. The diesel and building plans for particulate filters must meet USEPA Tier 3 inclusion. standards. Contract specifications must be included Visual Inspection During Grading and City of EI Segundo— in project construction documents, which must be Construction Planning and Building reviewed by the City of EI Segundo before grading Safety Department permits are issued. MM4.1-2 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that all heavy-duty diesel -powered notes on grading and issuance of a grading Planning and Building equipment operating and refueling at the project site building plans. Review permit. Safety Department use low-NOx diesel fuel to the extent that it is and approve contract readily available and cost effective (up to specifications, grading 125 percent of the cost of California Air Resources and building plans for Board diesel) in the South Coast Air Basin (this inclusion. does not apply to diesel -powered trucks traveling to Visual Inspection During Grading and City of EI Segundo— and from the project site). Contract specifications Construction Planning and Building must be included in project construction documents, Safety Department which must be reviewed by the City of EI Segundo before grading permits are issued, MM4.1.3 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specification that all heavy-duty diesel -powered notes on grading and issuance of a grading Planning and Building equipment operations at the project site utilize a building plans, Review permit, Safety Department phased -in emission control technology in advance and approve contract of a regulatory requirement such that 30 percent of specifications, grading the fleet will meet USEPA Tier 4 engine standards and building plans for for particulate matter control (or equivalent) starting inclusion. in 2013 and for the duration of the project. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department 2 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation Monitoring and Reporting Checklist MEJ Monfloring and Morn7oring Party Responsible Cond. No. Mfigalton Measure/ Condllton of Approval Reporting Process AoVestone for Monlforing Initials Date Remarks MM4.1-4 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that construction equipment engines notes on grading and issuance of a grading Planning and Building be maintained in good condition and in proper tune building plans. Review permit. Safety Department per manufacturer's specification for the duration of and approve contract construction. Contract specifications must be specifications, grading included in project construction documents, which and building plans for must be reviewed by the City of EI Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department MM4.1-5 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that construction operations rely on notes on grading and issuance of a grading Planning and Building the electricity infrastructure surrounding the building plans. Review permit. Safety Department construction site rather than electrical generators and approve contract powered by internal combustion engines. Contract specifications, grading specifications must be included in project and building plans for construction documents, which must be reviewed by inclusion, the City of EI Segundo before grading permits are Visual Inspection During Grading and City of EI Segundo— issued. Construction Planning and Building Safety Department MM4.1-6 As required by South Coast Air Quality Visual Inspection During Grading and City of EI Segundo— Management District Rule 403—Fugitive Dust, all Construction Planning and Building construction activities that are capable of generating Safety Department 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 e Watering of exposed surfaces three times daily e Watering of all unpaved haul roads three times City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Date Remarks City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation g and ReportingChecklist Verification of Compliance MR./ Monitoring and Monitoring Party Responsible Cond. No. M_digalion Measure/ Condition of Approval Reporting Process Milestone for Monitoring InNals daily e Covering all stock piles with tarp e Reduction of vehicle speed on unpaved roads ■ Post signs on-site limiting traffic to 15 miles per hour or less e Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads e 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 e 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 Contract language and Plan check prior to City of EI Segundo— specifications that construction -related equipment, notes on grading and issuance of a grading Planning and Building including heavy-duty equipment, motor vehicles, building plans. Review permit. Safety Department and portable equipment, be turned off when not in and approve contract use for more than 30 minutes. Diesel -fueled specifications, grading commercial motor vehicles with gross vehicular and building plans for weight ratings of greater than 10,000 pounds must inclusion. be turned off when not in use for more than Visual Inspection During Grading and City of EI Segundo - 5 minutes. Contract specifications must be included Construction Planning and Building in the proposed project construction documents, Safety Department which must be approved by the City of EI Segundo before grading permits are issued. Date Remarks City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation Monitoring and Reporting Checklist Verification of Compliance Mid Monitoring and Monitoring Party Responsible Cond. No. MNgation Measure/ CondNDn of Approval Reporting Process IWtestone for Monitoring Initials Date Remarks MM4.1.8 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that construction parking be notes on grading and issuance of a grading Planning and Building configured to minimize traffic interference during the building plans. Review permit. Safety Department construction period and, therefore, reduce idling of and approve contract traffic. Contract specifications must be included in specifications, grading the proposed project construction documents, which and building plans for must be approved by the City of EI Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department MM4.1.9 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that temporary traffic controls are notes on grading and issuance of a grading Planning and Building provided, such as a flag person, during all phases of building plans. Review permit. Safety Department construction to facilitate smooth traffic flow, Contract and approve contract specifications must be included in the proposed specifications, grading project construction documents, which must be and building plans for approved by the City of EI Segundo before grading inclusion. permits are issued. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department M1114.1.10 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that construction activities that would notes on grading and issuance of a grading Planning and Building affect traffic flow on the arterial system be building plans. Review permit. Safety Department scheduled to off-peak hours (9:00 AM to 4:00 PM). and approve contract Contract specifications must be included in the specifications, grading proposed project construction documents, which and building plans for must be approved by the City of EI Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation Monitoring and Reporting togrom Mitigation Monitoring and Reporting Checklist MIL/ / Mondoring and MonWng Party Responsible A Cond. No. Aftation Measure/ Condition of Approval Reporting Process Mlestone for MonWng Instals MM4.1-11 The developer must require by contract Contract language and Plan check prior to City of EI Segundo -- specifications that dedicated on-site and off-site left- notes on grading and issuance of a grading Planning and Building turn lanes on truck hauling routes be utilized for building plans. Review permit. Safety Department movement of construction trucks and equipment on and approve contract site and off site to the extent feasible during specifications, grading construction activities. Contract specifications must and building plans for be included in the proposed project construction inclusion, documents, which must be approved by the City of Visual Inspection During Grading and City of EI Segundo— EI Segundo before grading permits are issued. Construction Planning and Building Safety Department MM4.142 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that trackout roads will meet notes on grading and issuance of a grading Planning and Building SCAQMD Table XI -C standards to achieve a 46% building plans. Review permit. Safety Department reduction in PM,o.The construction contractor must and approve contract install gravel bed trackout apron (3 inches deep, specifications, grading 25 feet long, 12 feet wide per lane and edged by and building plans for rock berm or row of stakes) to reduce mud/dirt inclusion. trackout from unpaved truck exit routes. Contract Visual Inspection During Grading and City of EI Segundo— specifications must be included in the proposed Construction Planning and Building project construction documents, which must be Safety Department approved by the City of EI Segundo before grading permits are issued. Date Remarks City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP • e s • • • e • - e • • • e Mitigation Monitoring and Reporting Checklist VedffcaWn of Compliance MN./ MonBodng and MonNodng Party Responsible Cond. No. Mfigation Measure/ Condiillon of Approval ReportingProcess Mileslone for Mons odn Initials Date Remarks MM4.1-13 When the City issues building or grading permits, Proof of Notification After the issuance of a City of EI Segundo— whichever is issued earlier, the developer must mailers grading or a building Planning and Building notify, by mail, owners and occupants of all permit, whichever is Safety Department developed land uses within 1,000 feet of a project issued earlier prior to site within the Specific Plan providing a schedule for start of construction major construction activities that will occur through activities. the duration of the construction period. In addition, On-site Notice Posting During Grading and City of EI Segundo— the notification will include the identification and Construction Planning and Building contact number for a community liaison and Safety Department 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 PM,o 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 Contract language and Plan check prior to City of EI Segundo— specifications that the architectural coating (paint notes on grading and issuance of a grading Planning and Building and primer) products used would have a VOC rating building plans. Review permit. Safety Department that reduces VOC content by 15 percent or more. and approve contract Contract specifications must be included in the specifications, grading proposed project construction documents, which and building plans for must be approved by the City of EI Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP a City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation g and Reporting- Veiriccftn of Compliance Mi./ Monitoring and Monitoring Party Responsible _Cond No. Wgraffon Measure/ CondBon ofAppmal RepoWng Process Milestone forMenafring Initials Date Remarks - -- MM4.1-15 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that materials that do not require notes on grading and issuance of a grading Planning and Building painting be used during construction to the extent building plans. Review permit. Safety Department feasible. Contract specifications must be included in and approve contract the proposed project construction documents, which specifications, grading must be approved by the City of EI Segundo before and building plans for grading permits are issued. inclusion. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department MM4.1.16 The developer must require by contract Contract language and Plan check prior to City of EI Segundo— specifications that pre -painted construction notes on grading and issuance of a grading Planning and Building materials be used to the extent feasible. Contract building plans. Review permit, Safety Department specifications must be included in the proposed and approve contract project construction documents, which must be specifications, grading approved by the City of EI Segundo before grading and building plans for permits are issued. inclusion. Visual Inspection During Grading and City of EI Segundo— Construction Planning and Building Safety Department 4.2 GREENHOUSE A ]EMISSION . MM4.2-1 Before the City issues a building permit, the Contract language and Plan check prior to City of EI Segundo— developer must demonstrate that the design of the notes on building plans. issuance of a building Planning and Building proposed buildings or structures meets or exceeds Review and approve permit. Safety Department the most recent Title 24 Energy Efficiency contract specifications Standards, subject to review by the Planning and and building plans for Building Safety Department. Documentation of inclusion. compliance with this measure must be provided to Visual Inspection During Grading and City of EI Segundo— the Planning and Building Safety Department for Construction Planning and Building review and approval before the City issues the Safety Department 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 a City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP ANT./ Cond. No. Aftalton Measure/ Condlion of Approval 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 e Incorporate dual -paned or other energy efficient windows ■ Incorporate energy efficient space heating and cooling equipment e Incorporate energy efficient light fixtures ■ Incorporate energy efficient appliances e Incorporate energy efficient domestic hot water systems e Incorporate solar panels into the electrical system as feasible ■ Incorporate cool roofs/light-colored roofing e 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 exceeds current Title 24 Energy Efficiency Standards by a minimum of 20 percent Verficalion of Compliance Monflortng and Monioring Parfy Responsible- Reporting esponsibleReporting Process Milestone for MonNoring Initials Dale MM4.2-2 Before the City issues a building permit, the Project landscaping and developer must provide a landscape plan that building plans. Review includes shade trees around main buildings, and approve landscaping particularly along southern elevations where and building plans for practical, and will not interfere with constraints. inclusion of features Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. Plan check prior to City of EI Segundo— issuance of building Planning and Building permit Safety Department Remarks City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 9 Mfigalron Measure/ Condition of Approval Monitoring and Reporirng Process VedUcalron of Compriance Parry Responsible for Monrforing MM4.2-3 All showerheads, lavatory faucets, and sink faucets Project building plans. Plan check prior to City of EI Segundo— within the residential units, and where feasible Review and approve issuance of building Planning and Building within non-residential developments, must comply building plans for permit Safety Department with the California Energy Conservation flow rate standards. inclusion of features MM4.24 Low -flush toilets must be installed within all Project building plans. Plan check prior to Congregate Care units as specified in Health and Review and approve issuance of building Safety Code Section 17921,3, building plans for permit inclusion of features MM4.2-5 The developer must ensure that landscaping of Project landscaping and Plan check prior to common areas for the proposed project uses building plans. Review issuance of building drought -tolerant and smog -tolerant trees, shrubs, and approve landscaping permit and groundcover to ensure long-term viability and to and building plans for conserve water and energy. inclusion of features MM4.2-6 The developer must ensure that the landscape plan Project landscaping and Plan check prior to for the proposed project includes drought -resistant building plans. Review issuance of building trees, shrubs, and groundcover within the parking and approve landscaping permit lot and perimeter. and building plans for inclusion of features 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. Project building plans. Review and approve building plans for inclusion of features Project building plans. Review and approve building plans for inclusion of features Plan check prior to issuance of building permit Plan check prior to issuance of building permit City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Department 10 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Mitigation Monitoring and Reporting Checklist V&Ncc&n of Compliance MN./ Monitoring and Monfloring Porly Responsible Cond. No. Mitigalion Measure/ CondRion of Approval Reporting Process Milestone for Moniloring Initials Dale Remarks MM4.2-9 The developer must consider providing preferential Project building plans. Plan check prior to City of EI Segundo— parking spaces for ultra -low -emission vehicles and Review and approve issuance of building Planning and Building alternative fueled vehicles to encourage the use of building plans for permit Safety Department alternative fuels and ultra -low -emission vehicles. inclusion of features 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 Visual Inspection Prior to issuance of City of EI Segundo— developer must demonstrate that the proposed certificate of occupancy Planning and Building project is designed to incorporate exterior storage Safety Department 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, City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 11 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Checklist Md./ MornTodng and MonHodng Pady Responsible Cond. No. Mtiigation Measure/ CondNon of Approval Reporting Process Milesfone for MonNoring Initials MM4.2.11 All common -area irrigation areas for the proposed Project landscaping and Plan check prior to City of EI Segundo— project must consider systems that are capable of building plans. Review issuance of building Planning and Building being operated by a computerized irrigation system : and approve landscaping permit Safety Department that includes an on-site weather station/ET gage ' and building plans for capable of reading current weather data and making inclusion of features 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 Project building plans. Plan check prior to City of EI Segundo— passive solar design features into the buildings, Review and approve issuance of building Planning and Building which may include roof overhangs or canopies that building plans for permit Safety Department block summer shade, but that allow winter sun, from inclusion of features penetrating south facing windows. Date Remarks 12 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP ANT./ Cond No. Aftabon Measwel CondiNon of ApProval MM4.3-1 MM4.3.2 Monitoring and Mondoring Rung Process AAiestone The developer's contractor must refrain from Visual Inspection 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 EI Segundo Municipal Code Section 7-2-10(D) and Section 7-2-4(C). If construction activities result in the generation of noise that exceeds the noise and vibration standards set forth by the City of EI Segundo, a noise permit must be obtained from the City of EI Segundo before the commencement of any construction activities. 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 During grading and construction Grading Plan and Before issuance of Building Plan Processing grading permits Mitigation Monitoring and",Report'ing Program VerficaHon of Cornp6drice Party Responsible for Moy*odng City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Director City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 13 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. a 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. in 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. 14 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP MM4.3-4 The developer must require by contract Contract language and specifications that heavily loaded trucks used during notes on grading and construction must be routed away from residential building plans. Review streets to the extent possible. Contract and approve contract specifications must be included in the proposed specifications, grading project construction documents, which must be and building plans for reviewed by the City before grading permits are inclusion. issued. Visual Inspection Plan check prior to issuance of a grading permit. During Grading and Construction City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Department City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 15 Verficahon of Compliance MST./ Monfloring and Monitoring Party Responsible Cond No. Mitigation Measure/ Condition of Approval Reporting Process Milestone for Monitoring Initials Date Remarks MM4.3-3 The developer's contracts with its construction Contract language and Plan check prior to City of EI Segundo— contractors and subcontractors must include the notes on grading and issuance of a grading Planning and Building requirement that construction staging areas, building plans. Review permit. Safety Department construction worker parking and the operation of and approve contract earthmoving equipment within the project site, are specifications, grading located as far away from vibration- and noise- and building plans for sensitive sites as possible. Contract provisions inclusion. incorporating the above requirements must be Visual Inspection During Grading and City of EI Segundo— included as part of the project's construction Construction Planning and Building documents, which must be reviewed and approved Safety Department by the Planning and Building Safety Department. MM4.3-4 The developer must require by contract Contract language and specifications that heavily loaded trucks used during notes on grading and construction must be routed away from residential building plans. Review streets to the extent possible. Contract and approve contract specifications must be included in the proposed specifications, grading project construction documents, which must be and building plans for reviewed by the City before grading permits are inclusion. issued. Visual Inspection Plan check prior to issuance of a grading permit. During Grading and Construction City of EI Segundo— Planning and Building Safety Department City of EI Segundo— Planning and Building Safety Department City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 15 Md./ Monitoring and Cond. No. Miilgalion Measure/ Condition of Approval Repoding Process MM4.3.5 Residential units must be designed and constructed Contract language and to ensure that interior noise levels from exterior notes on grading and transportation sources—including aircraft and building plans. Review vehicles on adjacent roadways --cannot exceed and approve contract 45 dBA CNEL, In order to ensure that all dwelling specifications, grading units achieve an adequate noise reduction to and building plans for achieve an interior noise level of 45 dBA CNEL, the inclusion, following features must be included in the building Visual Inspection 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, Vediicatfon of Compliance Monitoring Party Responsible Maestone for Monitoring Initials Plan check prior to City of EI Segundo— issuance of a grading Planning and Building permit. Safety Department During Grading and City of EI Segundo— Construction Planning and Building Safety Department MM4.3-6 The ESUSD must make as a condition of sale of the Proof of Prior to commencement City of EI Segundo— proposed project site, that the future owner express acknowledgement and of the project Planning and Building acknowledgement and confirmation of the confirmation to buyer Safety Department continuing applicability of the existing aviation easement for noise, vibrations, and fumes over the proposed project site property. Date Remarks 16 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP MM4.3-7 In accordance with the Business and Professions Proof of Prior to commencement City of EI Segundo— Code and Civil Code each prospective purchaser of acknowledgement and of the project Planning and Building residential property within the Project must be confirmation to buyer Safety Department 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, or odors). Individual sensitivities to those annoyances can vary from person to person. 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 as described above. City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 17 Mitigation Monitoring and Repprting Program A IM MM HAZ-4 To ensure adequate access for emergency vehicles Contract language and Plan check prior to when construction activities would result in notes on grading and issuance of a grading temporary lane or roadway closures, the project building plans. Review permit. developer must consult with the City of EI Segundo and approve contract Police, Fire, and Public Works Departments to specifications, grading disclose temporary lane or roadway closures and and building plans for alternative travel routes. The project developer will inclusion. be required to keep a minimum of one lane in each Visual Inspection During Grading and direction free from encumbrances at all times on Construction 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 EI Segundo Police, Fire, and Public Works Departments to designate proper detour routes and signage to appropriate proper access routes. City of EI Segundo— Police, Fire, Public Works and Planning and Building Safety Department City of EI Segundo— Police, Fire, Public Works and Planning and Building Safety Department 18 City of EI Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI 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. 5155 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 18th day of June, 2019, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, and Council Member Nicol NOES: Council Member Brann and Council Member Pimentel ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of July, 2019. Trac eaver, City Clerk of the City of EI Segundo, California