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CC RESOLUTION 5239RESOLUTION NO. 5239 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA 1279 AND AMENDMENTS TO THE CONDITIONS OF APPROVAL FOR THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT 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 1, 2005, the City Council adopted Resolution No. 4415 approving Environmental Assessment No. 631 (certified EIR), and General Plan Amendment Nos. 03-4 and 03-5 for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and the Plaza EI Segundo Development Reduced Traffic Generation Alternative; B. On March 15, 2005, the City Council adopted Ordinance No. 1382 approving Zone Change Nos. 03-2 and 03-3, Zone Text Amendment No. 04-1, and Subdivision No. 03-7 for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative, and Development Agreement No. 03-1 for the Plaza El Segundo Development Reduced Traffic Generation Alternative; C. Approvals for that development were subsequently amended to allow for different types of uses including, among others, Health Clubs and Fitness Center (2007); Health/Skin Care and automobile sale uses (2008); fast food restaurants, banks, dance/music studios (2009); and medical and dental offices (2010); D, On September 3, 2013, the City Council further amended the approvals for the development to, among other amendments, increase the size of the previously approved shopping center floor area by 49,613 square feet; E. On October 3, 2017, the City further amended the permitted uses including among others, daycare centers, personal services, public assembly and recreational uses (2017); F. On October 3, 2017, the City approved an Environmental Assessment for an addendum to the certified Final Environmental Impact Report (FEIR) to increase the size of the previously approved shopping center by 18,850 square feet; a Zone Text Amendment to eliminate size limitations to certain permitted uses, add new permitted uses, and increase the permitted number and size of monument signs in the C-4 (Commercial Center) zone); a "Revised and Restated Development Agreement" to eliminate most tenant size restrictions, to allow an expansion of the project size, and to RESOLUTION NO. 5239 Page 1 of 5 consolidate the original development agreement and its subsequent amendments into one; and a site plan to add approximately 11,500 square feet to building space A2 in the Phase 1A development of Plaza EI Segundo; G. On March 9, 2020, Street Retail, Inc. filed applications for an Environmental Assessment and an amendment of the Development Agreement and Conditions of Approval for the Plaza EI Segundo and The Point development project to increase the proportion of non -sales tax generating uses to 40 percent; H. 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); The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for October 22, 2020; J. On October 22, 2020, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2888 recommending that the City Council approve the proposed project; K. On November 17, 2020, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and L. This Resolution and its findings are made based upon the testimony and evidence presented to the City Council at its November 17, 2020 public hearing and all evidence in the entire administrative record of proceedings on this matter. SECTION 2: Factual Findings and Conclusions. The City Council finds that the proposed amendment would amend the development agreement and conditions of approval to increase the maximum percentage of project floor area dedicated to non -sales tax generating uses to 40 percent for both the Plaza EI Segundo and The Point shopping centers. SECTION 3: General Plan Findings. As required under Government Code Section 65860, the amendments to the conditions of approval proposed by the Resolution are consistent with the EI Segundo General Plan as follows: RESOLUTION NO. 5239 Page 2 of 5 A. The amendments are consistent with Goal LU4 of the General Plan Land Use Element in that it will help maintain a high quality retail center in proximity to major employment centers and provide new office uses. B, The amendments are consistent with Goal ED1 of the General Plan Economic Development Element in that it will help diversify the City's employment and tax base by permitting a mix of retail, office and other uses. C. The amendments are consistent with Objective ED1-2 of the General Plan Economic Development Element in that would permit several new uses in the C-4 zone, which promotes the diversification of the City's retail and commercial base. SECTION 4: Environmental Assessment. The project is categorically exempt from environmental review pursuant to California Code of Regulations, Title 14 ("CEQA guidelines") § 15061(b)(3) — the common sense exemption as it can be seen with certainty that there will not be an impact, because no substantial construction and no addition of building area is being proposed; the proposed change to the mix of uses will maintain the total daily and peak AM and PM traffic trips generated by the shopping center below the levels estimated previously; and no other impact areas should be affected; and CEQA Guidelines § 15305 — the Class 5 exemption for minor alterations in land use limitations as office and other non -retail uses are already allowed in the C-4 zone and the only change involves the ratio of office and other non -retail uses to retail uses. The City Council certified a Final EIR (FEIR) on March 1, 2005 for the Plaza EI Segundo project. SECTION 5: Approvals. A. The City Council hereby approves the amended conditions of approval attached as Exhibit 'A," which are incorporated into this Resolution by reference. The Conditions supersede those conditions that were previously approved by Ordinances Nos. 1382 (Section 7F), 1417 (Section 5E), 1481 (Section 8), and 1556 (Section 13) and Resolution Nos. 4415 (Section 5F), 4542 (Section 5C), 4838 (Section 8A), and 5053 (Section 8D). B. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the City Council approves Environmental Assessment No. EA 1279. 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. RESOLUTION NO. 5239 Page 3 of 5 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 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 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 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 until superseded by a subsequent resolution. SECTION 10: According to the EI Segundo Municipal Code, a copy of this Resolution shall be mailed to Street Retail, Inc., to PES Partners, LLC, and to any other person requesting a copy. SECTION 11: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 17th day of November 2020. Dre9w Boyleg�: ATTEST: Tr a 1i� er, ty Clerk APPROVED AS TO FORM: �J . Mark D. Hensley, Attorney RESOLUTION NO. 5239 Page 4 of 5 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. 5239 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 17th day of November, 2020, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 14rl day of December, 2020. cy �A-1 aver, C' rk of ty of EI undo„ California EXHIBIT "A" TO RESOLUTION NO. 5239 EXHIBIT "E" TO REVISED AND RESTATED DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL The following conditions are binding upon the property owner(s) and their successors in interest, including without limitation occupants of the property. 1. All mitigation measures in the Environmental Impact Report (SCH No. 2003121037) for Environmental Assessment No. 631, Development Agreement No. 03-1, General Plan Amendment No. 03-4 & 03-5, Zone Change No. 03-2 & 03-3, Zone Text Amendment No. 04- 1, and Subdivision No 03-7,which are reflected in the Mitigation Monitoring and Reporting Program for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative are incorporated by this reference into these conditions of approval. DEFINITIONS 2. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions. A. "P.B.S. Director" means the City of El Segundo Director of Planning and Building Safety, or designee. B. "EIR" means the Final Environmental Impact Report for the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo development project (SCH No. 2003121037), El Segundo, California. C. "ESMC" means the El Segundo Municipal Code. D. "Development Agreement" or "Agreement" refers to the Revised and Restated Development Agreement. E. "Project Area" refers to each of the developable lots on the Plaza El Segundo development Project Site as shown on Vesting Tentative Tract Map No. 061630 in the City of El Segundo, County of Los Angeles, State of California, filed on June 6, 2012, Book 1370, pages 41-51, and refers to Lot 1 of Lot Line Adjustment No. 13-04 as reflected in that Certificate of Compliance, in the City of El Segundo, County of Los Angeles, State of California, recorded on July 29, 2013, as Instrument No. 2013-1105767, of official records in the office of the County Recorder of said County. F. "Project Site" refers to the 51.7 gross/46.60 net (after street dedications) acre site generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue. G. "Project Site Phase 113" refers to the 13.050 gross/12.63 net acre site as shown as Lot 1 of the Lot Line Adjustment No. 13-04 as reflected in that Certificate of Compliance, in the City of El Segundo, County of Los Angeles, State of California, recorded on July 29, 2013, as Instrument No. 2013-1105767, of official records in the office of the County Recorder of said County, generally located south of the Union Pacific Railroad, east of Sepulveda Boulevard, west of Douglas Street and north of Rosecrans Avenue. 0 H. "Phase 1A" refers to the portion of the Project Area located north of the Union Pacific Railroad right-of-way. I. "Phase 1B" refers to the portion of the Project Area located south of the Union Pacific Railroad right-of-way. J. "Sepulveda/Rosecrans Rezoning Site" refers to the approximately 110 acres generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code Amendment that is being considered concurrently with the land use entitlements for the Project Area and the Project Site. 2. Except as otherwise specified in these Conditions of Approval, conditions must be satisfied before the issuance of a Building Permit for each building within the Project Area. AESTHETICS Lieliting 3. Before the issuance of the first Building Permit in the Project Area, the applicant must submit a Lighting Master Plan for the Project Area for the review and approval of the P.B.S. Director and the. Police Chief. A Lighting Plan (construction drawings) and Photometric Study, consistent with the Lighting Master Plan must be reviewed and approved by the P.B.S. Director and the Police Department before the issuance of each Building Permit and must be installed before the issuance of each Certificate of Occupancy in the Project Area. The Lighting Plan and Photometric Study must demonstrate that the proposed project allows minimum off-site illumination but still complies with Police Department safety requirements. 4. The Lighting Master Plan must include, without limitation: a. Specific details for Foot-candle intensity; b. Specific lighting detail for parking areas and structures; pedestrian walkways; and access ways in and around buildings; c. On-site light fixtures that have been designed to direct the light downward and internal to the proposed project site to minimize off-site illumination; d. Specific detail regarding the location, type and height of lighting devices; e. Specific detail to illustrate compliance with the ESMC; and, f. Weather and vandal resistant covers on lighting fixtures. 5. Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P.B.S. Director and the Police Chief that outdoor lighting design has been installed in compliance with the approved Lighting Master Plan for the building that is the subject of the Certificate of Occupancy. Materials and Desi 6. Before the issuance of the first Building Permit in the Project Area, the applicant must submit Final Working Drawings to the P.B.S. Director for design review. The applicant must provide a Building Materials Sample Board of the materials, colors, and elevation drawings to be utilized to the P.B.S. Director for review and approval. The design review must include, without limitation, the following design guidelines: a. All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design; b. Exterior building materials must be compatible with developments in the vicinity; c. At least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) must be used throughout the Plaza El Segundo project; d. The buildings must have contrasting accent features. Building materials must be of non -reflective coatings and glazings; The plans must demonstrate substantial compliance with plans and conditions approved and on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved must be referred to the P.B.S. Director for a determination regarding the need for Planning Commission review of the proposed modification in accordance with the provisions of the Development Agreement; f. All buildings must be in accordance with the Project Area's Conditions, Covenants and Restrictions (CC&R's); g. All buildings must utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation; h. All roof -mounted mechanical equipment and communications devices must be hidden behind building parapets or screens to screen these devices from off-site ground level view; i. Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells, generators, and other similar facilities must be screened from view with 2 dense landscaping and walls of materials and finishes compatible with adjacent buildings; J. Service, storage, maintenance, utilities, loading, and refuse collection and other similar areas must be located out of the view of public roadways and buildings and screened by dense landscaping and solid walls, unless the PBS Director determines such is not practicable. No chain link fences may be used for such screening; k. Walls along the north property boundary of the Project Site and walls used to screen service and storage areas must be of the same materials, colors, and finishes as adjacent buildings or compatible finishes and colors; 1. A six-foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right-of-way. A six-foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right-of-way with screening of the right-of-way with the use of landscaping, including, without limitation, vines, hedges and/or trees to the satisfaction of the P.B.S. Director. A six-foot high chain link fence or other material aesthetically compatible with existing fencing or walls in the Project Area must be constructed along the northern property line of Project Site Phase 1B abutting the Burlington Northern Santa Fe Railroad right-of-way to the satisfaction of the P.B.S. Director. Additionally, screening of the right of way with the use of landscaping, including, without limitation, vines, hedges and/or trees is required to the satisfaction of the P.B.S. Director. An eighteen -inch high, three -strand barbed wire fence may be placed upon the top of the chain link fence for the entire length of this fence (approximately 1,690 feet). in. Chain-link fences are not permitted, except as described above, and as temporary construction fencing; n. Building design will meet the City's standards for the attenuation of interior noise; o. All service areas must be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation; p. No loading will be permitted directly from public streets, except in designated areas as approved by City P.B.S. Director; q. All on-site utility systems including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground; r. No Certificate of Occupancy may be issued unless there is substantial compliance with the aforementioned development standards and, s. The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right-of-way to buildings H through A-7, from the Park Place right-of-way to Pad D, and from the Sepulveda Boulevard right-of-way to Building No. 2, and any other building that may developed that is set back more than 200 feet from a public right-of-way, subject to the review and approval of the P.B. S. Director. The Project Area site plan must provide sidewalks or other designated pathways following direct and safe routes from the Sepulveda Boulevard public right-of-way and the Rosecrans Avenue public right-of-way to the entrances of the buildings and the plaza in front of the buildings, subject to the review and approval of the P.B.S. Director. Landscar)inta and Irri atio 7. Before the issuance of the first Building Permit in the Project Area, the applicant must submit a Master Landscape and Irrigation Plan for the Project Area. The Master Landscape and Irrigation Plan must be reviewed and approved by the City P.B.S. Director, the Director of Recreation and Parks, and the Police Chief. Landscaping for each building in the Project Area must be installed in accordance with the approved Master Landscape and Irrigation Plan before the issuance of each Certificate of Occupancy. The Master Landscape and Irrigation Plan must include, without limitation, the following: a. All landscaped areas must be provided with a permanent automatic watering or irrigation system; b. All on-site landscaped areas must be maintained by the owner in a neat and clean manner at all times; c. All landscaped areas must be designed to ensure efficient access to fire hydrants; d. Dual plumbing must be installed for reclaimed water irrigation; e. All landscaped areas must be irrigated with reclaimed water to the extent reclaimed water is available for use in the Project Area. Until such time as reclaimed water is made available, potable water may be utilized for irrigation; f. All landscaping and irrigation must comply with the City's Water Conservation regulations and Zoning Code requirements; g. All landscaping must be designed to enhance site security in accordance with Police Department policies; h. All public rights-of-way abutting the site must be landscaped; Landscaping that includes trees, vines, and or hedges must be incorporated along property line walls and fences for screening purposes. n S j. All landscaped areas must include a majority of mature landscaping, including trees that are a minimum 24 -inch box size; and, k. Landscaping must be installed along property perimeters and evenly distributed throughout the employee/customer parking areas. Before the issuance of the first Building Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan (i.e. construction drawings), consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. Before the issuance of the first Building Permit in the Project Site Phase 1B, the applicant must provide a Landscape and Irrigation Plan and an Architectural Site Plan (i.e., construction drawings) consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval that includes the use of trees, hedges, and or vines along the eastern boundary from Rosecrans Avenue to the Union Pacific Railroad. The plant material must be placed west and in front of the property line wall or fence. The Landscape Plan must utilize decorative pavement material in the plaza and for the pedestrian entrances to the plaza. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. 9. Where feasible (as determined by the P.B.S. Director), the applicant must comply with the City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for Water Conservation in Landscaping. Before the issuance of each Building Permit in the Project Area, the applicant's Landscape Plans must be submitted to the P.B.S. Director for review and approval. 10. Before the issuance of the first Building Permit in the Project Area, the applicant must submit to the P.B.S. Director for review and approval an overall Master Sign Program for the Project Area. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the P.B.S. Director. Before the issuance of a Certificate of Occupancy, signs must be installed in accordance with the approved Master Sign Program. The overall Master Sign Program must include, without limitation: a. Compliance with the ESMC; b. Notwithstanding any other provisions in the ESMC, no freestanding or pole signs, except as described in this Condition No. 10 and Condition No. 11 below, are permitted along the Rosecrans Avenue frontage of the Project Area; 7 c. All signs must be architecturally compatible with the proposed buildings; d. All signs must be compatible with the aesthetic objectives of the General Plan; e. No sign must impede traffic or pedestrian safety; and f. Height limitation of signs referred to in this Condition No. 10 shall be measured from the average adjacent street elevation. 11. Before the issuance of a Finial Certificate of Occupancy for the first building in the Project Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City. The sign is subject to review and approval by the City Council. The sign should be compatible with the design of the Master Sign Program for the Plaza El Segundo development project. AIR QUALITY 12. During grading and construction, dust control measures must be required in accordance with the City's Dust Control Ordinance (Chapter 7-3 of the ESMC). Grading must be discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15 miles per hour. All hauling trucks must have loads covered or wetted and loaded below the sideboards to minimize dust. 13. The South Coast Air Quality Management District (SCAQMD) has promulgated rules and applicable standards including, without limitation, the following: Rule 402 - Nuisances; Rule 403 - Fugitive Dust; and Rule 2202 - On -Road Motor Vehicle Mitigation Options. The applicant must use best management practices in compliance with Rule 402 during the operation of construction equipment. Construction activities must be limited between the hours of 7 A.M. to 6 P.M., Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the P.B.S. Director. During the construction phase, all unpaved construction areas must be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles must be used to reduce dust emissions by as much as 50 percent. The applicant must ensure that all materials transported off-site will be either sufficiently watered or securely covered in compliance with Rule 403. Resultant peak daily exhaust emissions from diesel- and gasoline -powered construction equipment must be monitored to control emission levels that exceed SCAQMD screening thresholds. During construction, trucks and vehicles in loading or unloading queues must keep their engines off, when not in use, to reduce vehicle emissions. Construction activities must be phased and scheduled to avoid emission peaks, and construction must be discontinued during first- and second -stage smog alerts. On-site vehicle speed during construction must be limited to 15 mph. Before issuance of a Grading Permit for each Project Area, the applicant must provide a Construction Management Plan to the P.B.S. Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase. Daily records of construction hours and activities must be maintained by the applicant throughout the construction phase. 8 BUILDING CODES 14. The applicant must comply with the applicable requirements of the California Building and Fire Codes as adopted by the ESMC that are in effect at the time an application for a building permit is submitted. ENERGY 15. Before the issuance of a Building Permit in the Project Area, the applicant must provide an Energy Conservation Plan to the P.B.S. Director for review and approval. The Energy Conservation Plan must incorporate energy conservation features in accordance with the requirements of the City and State. Before the issuance of each Certification of Occupancy, the applicant must provide evidence to the P.B.S. Director that the approved energy conservation features have been installed and will be maintained. 16. If a substation will be constructed, the Applicant must develop plans, projected loads, and a master plan for scheduling to the satisfaction of Southern California Edison. FIRE 17. Before the City issues a building permit, the applicant must provide Fire Life Safety Plans to the P.B.S. Director and the Fire Chief for review and approval, which include, without limitation, the following: a. Fire lanes; b. Fire lane signing; c. Fire lane access easements or other recorded documents to the reasonable satisfaction of the City Attorney; d. Fire lane accessibility; e. Gas detection systems; f. Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute, calculated at 20 psi; g. Sprinklers within structures; h. Underground looped fire mains, sprinklers, fire pumps, and fire alarms; i. Emergency generators; j. Any above ground or underground storage tanks including elevator sumps and condensation tanks; W k. Documentation that the on-site fire mains will be maintained; 1. Fire safety precautions during demolition and construction; m. Emergency site access during construction; n. Permanent fire department access; o. Fire hydrant locations; p. Any proposed fire sprinkler and fire alarm systems; and q. Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to the Fire Department that the development complies with the Fire Life Safety Plan, and that any required easements were properly dedicated and recorded. 18. Before the issuance of a Building Permit in the Project Area, the applicant must develop and submit an Evacuation Plan and Procedures for review and approval by the Fire Department. Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P.B.S. Director, and the Fire Department that the approved Evacuation Plan and procedures were implemented or are operational as appropriate. 19. The applicant must provide an automatic fire sprinkler system throughout each building, installed in accordance with California Fire Code Chapter 9 and the currently adopted edition of NFPA 13. 20. The applicant must provide an automatic fire alarm system throughout each building, installed in accordance with California Fire Code Chapter 9 and the currently adopted edition of NFPA 72. 21. The applicant must provide a certification from the underground petroleum pipeline owner/operator that the proposed project will not encroach into any foundations or structures within the pipeline right-of-way without the underground petroleum pipeline owner/operator's approval. The certification must be provided with the initial plan review documents. 22. There is a railroad right-of-way on the north side of the Phase 1 B property. Access doors and ladders with a maximum 300 -foot spacing must be provided to provide access to the railroad right of way in case of a train derailment or incident to the satisfaction of the Fire Department. The access doors and ladders must have approved Knox Company Knox Padlocks installed. 23. If any fire features are proposed for the project, the applicant must provide the following conditions for any fire feature: 10 a. A barrier must be provided around the fire feature to prevent accidental access to the fire feature. b. The distance between the fire feature and combustible material and furnishings must meet the fire feature's listing and manufacturer's requirements. c. If the fire feature's protective barrier exceeds ambient temperatures, all exit paths and occupant seating must be a minimum 36 inches from the fire feature. 24. Before the issuance of a Grading or Building Permits in the Project Area, the applicant must provide a Construction Safety Plan to the P.B.S. Director and Fire Department for review and approval. The Construction Safety Plan must document construction and staff training procedures to ensure that best management practices during project grading and construction will be utilized. The Construction Safety Plan must identify an awareness program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. 25. Before the issuance of each Building Permit in the Project Area, all hydrants determined necessary by the Fire Department and the P.B.S. Director must be installed in accordance with approved plans and specifications. Fire hydrants must be spaced no greater than 300 feet apart. One private hydrant must be provided for each structure and each structure must be sprinklered in accordance with the California Building Code (CBC) and the National Fire Code (NFC). 26. 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 as provided in City Council Resolution No. 4687. GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE) 27. Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must prepare and submit a Grading Plan for review and approval by the P.B.S. Director and the Director of Public Works. The Grading Plan must include, without limitation: a. The Grading Plan must demonstrate compliance with applicable provisions of the ESMC and City policies and requirements; b. The Grading Plan must show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities; c. Grading depths must not encroach upon or damage the existing sewer lines on the property; d. Haul routes for import/export trucks and other heavy construction related vehicles must be approved by the Director of Public Works; 11 e. No haul routes may travel through the City of Manhattan Beach during A.M. or P.M. peak hours; f. All grading must be accomplished in accordance with the recommendations of an independent Geotechnical and Geological Report to be submitted by the applicant and reviewed and approved by the City; g. The Grading Plan must detail where special restrictions apply due to soil contamination, if applicable; h. Additional information, as required through the plan check process, must be included as appropriate; i. Final grading activities must be coordinated with the City Engineer at the time the Grading Permit is issued; and, j. Compliance with the above measures must be verified by the P.B.S. Director before issuance of each Certificate of Occupancy. HAZARDS 28. Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must submit documentation from the Los Angeles Regional Water Quality Control Board ("LARWQCB") evidencing approval of completion of the Interim Remediation Measures and approval of the Final Remedial Action Plan for the Project Area for the area covered by the Grading Permit. 29. The applicant must comply with any permit requirements imposed by the LARWQCB and/or the Department of Toxic Substances Control ("DTSC"), or any other applicable regulatory agency related to development and/or grading on the site. 30. Before the issuance of a Grading Permit, the applicant must provide any appropriate hazardous materials safety training for all City employees needed to implement the project. If required, the training must be related specifically to safety issues that may arise during site grading and construction due to the soil contamination that may exist in the site. All training must be completed to the reasonable satisfaction of the P.B.S. Director, and the Fire Chief. NOISE 31. During the construction phase of the project, activities will be allowed between the hours of 7 A.M. to 6 P.M., Monday through Saturday, and prohibited at any time on Sundays and federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the P.B.S. Director. Compliance for the operations phase will meet with the placement, screening, and maintenance standards for all external mechanical equipment. The proposed project must be designed to ensure that noise generated by the proposed project operations does not exceed the City's noise standards, as established by the SSMC, for on-site or off-site receptors. A 12 noise monitor must be designated according to the relevant codes. Before issuance of a Grading Permit for each Project Area, the City must designate a Noise Ordinance ComplianceNerification Monitor. Before the issuance of a Building Permit for each Project Area, the applicant's Final Working Drawings must be submitted to the P.B.S. Director for review and approval relative to compliance with the City's Noise Ordinance. POLICE / SAFETY 32. Before the issuance of the first Building Permit, the applicant must submit an overall Security and Crime Prevention Plan, to the P.B.S. Director and the Police Department for review and approval, which must address, without limitation, the following: a. Lighting; b. Addressing (minimum height of 4" to 24"); c. Trash dumpsters (including space for recyclable materials); d. Indoor and outdoor security cameras installed at strategic locations, including employee and other vehicle parking areas; e. Parking lots and structures; f. Fences, walls; g. Security hardware; h. Office; i. On-site security personnel; j. Locker rooms; k. An Evacuation Plan and Procedures; 1. The employment of security personnel who will monitor and patrol the proposed Project Site, including employee and other vehicle parking areas, and coordinate with public safety officials; in. The installation of lighting in entryways, elevators, lobbies, and parking areas designed to eliminate potential areas of concealment; n. A diagram of the proposed project, which will include access routes, and any information that might facilitate emergency response; 13 o. Compliance with all applicable items on Police Department checklist memo dated April 12, 2004, attached as Exhibit F -1/C-1, with the exception that parking is permitted on the north side of the Project Area between the main row of buildings and the northern property line; and, p. All Security and Crime Prevention Plan measures must be installed in conformance with the approved plans and must be operational before the issuance of a Certificate of Occupancy. 33. Before issuance of the first building permits, the applicant must submit a photometric light study to the Police Department for review and approval. 34. 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 as provided in City Council Resolution No. 4687. 35. The applicant must provide, at no cost to the City of El Segundo, a minimum of 240 square feet of office space to be used by the El Segundo Police Department as satellite office space to provide Police services on the east side of Sepulveda Boulevard. PROJECT DESCRIPTION Plans 36. The City of El Segundo requires development project applicants to prepare and submit Final Working Drawings for review and approval. The applicant must provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval. The Final Working Drawings must indicate proposed uses, building sizes and heights, and the specific location of structures, loading docks, staging areas, parking layout, landscaped areas and recreational amenities. The Final Working Drawings must include vehicular, pedestrian and bicycle access, on- and off-site circulation, and linkage to other key elements in the site vicinity, including the MTA Green Line. The Final Working Drawings must indicate building materials and architectural design elements that will be utilized in the construction of the proposed structures. The Final Working Drawings must include information on security lighting and hardware and other detail required for compliance with the City's security, safety and crime prevention standards. The Final Working Drawings must demonstrate compliance with the California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code, California Sign Code, and California Electrical Code, and approved Fire Life Safety Systems. In addition, the Final Working Drawings must clearly indicate the location of all entrances and exits, including emergency vehicle access. All parcel buildings and structures must be located in proximity to the proposed parcel lines such that they meet all requirements for exterior wall and opening protection. Additional information, as required through the plan check process, must be included as appropriate. Before the issuance of a Building Permit for the Project Area, the applicant must coordinate with all applicable City and applicable County agencies to prepare and submit Final Working Drawings to be approved by the P.B.S. Director, the Department 14 of Public Works, the Fire Department and the Police Department. Before the issuance of a Certificate of Occupancy for each building, the applicant must provide evidence to the P.B.S. Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met. 37. The Plaza El Segundo development project is allowed to develop up to a maximum of 517,292 gross square feet, consisting of a combination of uses as permitted by C-4 Zone and limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the project as a whole is not exceeded. 38. The maximum project size may be reduced as determined by the vehicle trip generation for each use. The Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips: .......... �............. MAXIMUM PERMITTED AM PM Dail Saturday TRIPS y Midday Sepulveda/Rosecrans Site 1,033 2,346 25,859 3,379 Rezoning Plaza El Segundo Development 779 1,477 16,645 2,205 Project For Phase 1 A - The trip generation shall be determined using the rate set forth in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for Land Use Code 820 (shopping center) provided that the following conditions are met as further set forth in the Alternative Trip Generation Methodology prepared by Fehr & Peers dated July 11, 2017: i The amount of restaurant and entertainment uses does not exceed twenty percent (20%) of the total square footage; 0 No individual fitness use exceeds 10,000 square feet. If an individual fitness use exceeds 10,000 square feet, the trip generation for such use must be determined using the rate for that use as set forth in the current edition of the ITE Trip Generation Manual; i No individual office use exceeds 5,000 square feet. If an individual office use exceeds 5,000 square feet, the trip generation for such use must be determined using the rate for that use as set forth in the current edition of the ITE Trip Generation Manual. For Phase 1 B - The trip generation for each use and building must be determined using the rates as set forth in the current edition of the ITE Trip Generation Manual, as further set forth in the Alternative Trip Generation Methodology prepared by Fehr & Peers dated July 11, 2017. For both Phase IA and Phase 1B - Trip adjustments for internal capture and pass -by reductions will be in accordance with the adjustments in the Traffic Impact Study in the FEIR (EA No. 63 1) approved on March 1, 2005. Trip adjustments for transit reductions will be in 15 accordance with the adjustments in the Traffic Impact Study in the Addendum to the FEIR (EA No. 768) approved on February 19, 2008. 39. In order to keep track of the vehicle trip generation, the applicant shall submit a trip generation chart based on existing uses. The chart shall be updated and submitted to the City for approval each time a vacancy is filled or a tenant space changes ITE Land Use Codes. 40. Uses on the Property shall be limited to the following percentages of Sales Tax Generating versus Non -Sales Tax Generating Uses in each Phase. For purposes of the calculation, the percentage is based on total gross leasable area. .— ................... g. . ... _............_... AREA Sales Tax Generatin Non - Uses Sales Tax Generating Uses ............... Phase I —Plaza El Segundo 60 % minimum 40% maximum _..._....... ........... Phase 1 B — The Point 60% minimum 40% maximum ................... 41. In order to keep track of the sales tax versus non sales tax generating uses, the applicant must keep a chart of uses for each of the three areas which must be updated and submitted to the City for approval each time a vacancy is filled or a tenant space changes uses. For purposes of condition 40 and this condition, "Sales Tax Generating Uses" includes retail sales uses (including grocery stores), restaurants and cafes, bars, and micro -breweries. "Non -Sales Tax Generating Uses" includes financial institutions, day spas, fitness centers, farmers' markets, offices of all types, personal services, recreational facilities, public assembly/assembly halls (including theaters and museums), video arcades, billiard establishments, and veterinary services. The City's Finance Director, in his/her discretion, will determine whether any use not specifically listed here should be classified as Sales Tax Generating or Non -Sales Tax Generating. The Finance Director's determination may be appealed to the City Council. Any such appeal must be made in writing and delivered to the City Clerk within ten calendar days of the Director's decision. 42. The City of El Segundo requires development project applicants to prepare and submit a Construction Management Plan for each Project Area for review and approval by the P.B.S. Director and Director of Public Works. The Construction Management Plan must consider all stages of construction, including grading, dirt hauling, employee travel, materials delivery, etc. The Construction Management Plan is also required for review and approval by the P.B.S. Director and Department of Public Works for the installation of any utilities, including telecommunication utilities, in the public right-of-way. Such a plan must include, without limitation, traffic control measures for any lane closures. The Construction Management Plan must identify the types and approximate number of construction vehicles to be utilized and must provide haul routes, staging area information and needed road or lane closures. The plan must include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking/access plan (including truck haul routes), construction methods and schedules. No haul routes are 16 permitted through the City of Manhattan Beach during A.M. and P.M. peak hours. All staging areas must be on-site. During construction, the areas of construction must be enclosed by a six-foot high chain link fence, except those areas that have additional fencing requirements. Gates of site fencing must be located at driveways and must not open over sidewalk/public right-of-way. During construction, trash must be removed from the Project Site regularly and promptly. At the end of each construction day, all open trenches must be completely closed or covered, or secured in accordance with Cal OSHA standards. All gates and access points to the construction area must be locked and/or fully secured at the end of construction each day. The applicant must provide a twenty-four hour, every day contact person/liaison to receive and respond to complaints during construction. 43. Before the issuance of a Grading or Building Permit for the Project Area, the applicant must provide evidence to the P.B.S. Director that grading or any construction on property or within easements not owned or controlled by the applicant has been approved by the property owner or easement holder. Separate Grading and/or Building Permit(s) must be obtained by the applicant with the easement holder as co -applicant, if needed. 44. Before the issuance of a Building Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A.C.) pavement, that must be constructed/reconstructed in the public right-of-way for any missing public segments/areas on the perimeter of the Project Site, as reasonably required by the Director of Public Works. Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk. Before issuance of a Certificate of Occupancy for the building that is the subject of the Building Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works. 45. The applicant must submit either a Lot Line Adjustment or Lot Merger application after the recording of Final Map 061530, to realign the two parcels south of Union Pacific Railroad to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC. DEDICATIONS AND FEES 46. The applicant must dedicate approximately 3.47 -acres of the "Project Site" to the City for the construction of the extensions of Park Place and Allied Way, as required in Development Agreement No. 04-1 and as depicted on Vesting Tentative Map 061630. Such dedication shall occur through and upon recordation of the Final Map. 47. The applicant must dedicate an eight -foot wide easement for use of a bicycle path to be located in the landscaped front setback of the subject property in compliance with the Circulation Element of the General Plan and South Bay Bicycle Plan to the satisfaction of the Public Works Department and the Planning and Building Safety Department. The exact 17 alignment will be determined by the Public Works Department and the Planning and Building Safety Department. The City acknowledges that this dedication has been made. 48. The applicant must dedicate approximately 0.50 -acres of the "Project Area" to the city for roadway widening along the east side of Sepulveda Boulevard, as required in Development Agreement No. 03-1 and as depicted on Vesting Tentative Map 061630. An easement may be provided in lieu of a dedication, only if Caltrans will not accept the dedication and will only accept an easement. A dedication may be provided for the Phase IA portion of Sepulveda Boulevard and an easement may be provided for the Phase 1B portion of Sepulveda Boulevard or conversely an easement may be provided for the Phase lA portion of Sepulveda Boulevard and a dedication may be provided for the Phase 1B portion of Sepulveda Boulevard. Such dedication and/or such easement shall occur through and upon recordation of the Final Map. 49. Pursuant to ESMC §§ 15-27A-1 et seq., and before building permits are issued, the applicant must pay a one-time parks facilities mitigation fee as provided in City Council Resolution No. 4687. 50. The applicant may modify the location of the parcel boundaries as approved on Vesting Tentative Tract Map No. 061630, consistent with the development standards in the C-4 Zone to accommodate the size and location of the individual buildings, before recordation of Final Tract Map No. 061630, provided a maximum of 20 parcels are created. 51. Before the recording of the Final Map, the applicant must record a lot tie covenant if any buildings are to be constructed across existing lot lines or if any building location does not meet the development standards of the Commercial Center (C-4) Zone due to the location of the existing lot lines. No Certificates of Occupancy shall be granted for any use or structure until the recording of the Final Map. Accordingly, construction that proceeds before the recording of the Final Map is done at the Developer's risk that a Certificate of Occupancy will not be issued. 52. After the recording of the Final Map, the applicant must submit a Lot Line Adjustment application, if necessary, to realign any parcels to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC. 53. The applicant must maintain all existing easements on the site if the easement is still required by its grantee. 54. The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right-of-way. Such agreements must be recorded before issuance of any Certificate of Occupancy for a building on an affected parcel. 55. Before the issuance of a Rough Grading Permit for the Project Area, the applicant must provide funds in trust to the P.B.S. Director to cover the reasonable costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and 18 adopted mitigation measures associated with rough grading. Before the issuance of a Final Grading Permit, the applicant must provide funds in trust to the P.B.S. Director to cover the first year costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures, not associated with rough grading. Costs may include, without limitation, costs for traffic reviews, stormwater review, biological resource monitoring, soil remediation review, and review of easements, dedications and other agreements. Costs that would be associated with rough grading do not include costs for traffic reviews and review of easements and dedications. Annually thereafter, the applicant must replenish funds as deemed necessary by the P.B.S. Director to cover the reasonable costs, including City consultants' costs for each year. The P.B.S. Director, at his discretion, may hire a consultant to coordinate and monitor compliance. 56. Before the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as the case may be, the applicant must provide evidence to the P.B.S. Director that all adopted mitigation measures have been or will be implemented pursuant to the project's mitigation monitoring plan. Compliance with this measure must be verified by the P.B.S. Director. CONSTRUCTION REQUIREMENTS 57. All work within the City public right-of-way must be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work must be performed in the public right-of-way without first obtaining a Public Works Encroachment Permit. 58. Before the issuance of a Grading or Building Permit for the Project Area, the applicant must provide evidence to the reasonable satisfaction of the P.B.S. Director that all applicable permits from other agencies have been obtained including, without limitation, LARWQCB, Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N.P.D.E.S) Permit, South Coast Air Quality Management District, and Los Angeles County Department of Public Works. 59. Following the receipt of all requisite permits, the applicant must notify the P.B.S. Director of the date that construction will commence. 60. At such time deemed necessary by the P.B.S. Director, the applicant must provide an on-site inspection office trailer for the use of City inspection personnel. STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY) 61. The Los Angeles Regional Water Quality Control Board has promulgated rules and standards including, without limitation, obtaining an NPDES Permit and regulations related to underground and above ground storage tanks. The applicant's compliance with LARWQCB will ensure compliance with the applicable sections of the California Water Code (Section 13260), the Clean Water Act, and the Porter -Cologne Water Quality Control Act. The applicant must ensure that any on-site tanks for use in the storage of fuels, wasted oil, 19 solvents or other chemicals, which are located either above ground or underground, must be placed, constructed and maintained in accordance with the requirements of the LARWQCB. 62. The applicant must adhere to any relevant requirements of the LARWQCB regarding development of the site. The applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) which will demonstrate best management practices relevant to compliance with LARWQCB requirements and the California General Construction Permit. Before the issuance of a Grading Permit for the proposed project, the applicant must provide a SWPPP to the LARWQCB, the P.B.S. Director and Fire Department for review and approval relative to compliance with the provisions and requirements of the LARWQCB. Before issuance of a Building Permit for each Project Area, the applicant must apply for the appropriate notifications and/or registrations for any on-site storage tanks. The applicant must provide a copy to the City of the Notice of Intent required by the LARWCQB. 63. Before the issuance of a final Grading Permit and/or Building Permit for each building in the Project Area, the applicant must provide a drainage plan for that portion of the Project Area affected that eliminates pollutants to surface runoff as required by NPDES requirements. The drainage plan must be reviewed and approved by the P.B.S. Director and Director of Public Works. Before the issuance of a Certificate of Occupancy for each building, the applicant must demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the P.B.S. Director and Director of Public Works. 64. Before the issuance of a Building Permit for the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that pavement on-site must be adequately applied to prevent soil erosion. Further, paved areas on-site must be regularly maintained (i.e., all cracks repaired and debris removed on a regular basis) to prevent soil erosion. The applicant must install improvements pursuant to the approved plans before final sign -off of the Permit. Before the issuance of a Grading or Building Permit for each building in the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that on-site drainage must be directed to existing storm drains. The applicant must install said improvements per the approved plans before final sign -off of the Permit. 65. Before the issuance of any Grading or Building Permit for the Project Area, the applicant must prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence to the P.B.S. Director and Director of Public Works that the project area that is the subject of the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code). The applicant must install said improvements per the approved plans before final sign -off of the Permit. 66. Before the issuance of a Grading or Building Permit for each building in the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that: 20 a. Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles Flood Control System have been adequately incorporated into the project design; b. On-site catch basins have been designed and constructed to screen out larger matter to prevent flooding of the project site resulting from debris caught in the drainage canal; c. Drainage channels within parking lot and paved areas have been be designed and constructed to direct storm water and/or irrigation run-off to collection basins provided on-site; d. On-site drainage and hydrology improvements have been designed in conformance with applicable standards of the City of El Segundo and the Los Angeles County Department of Public Works, including policies in the Public Safety Element of the City's General Plan; e. The project is in compliance with applicable permit requirements of the Los Angeles County Department of Public Works or Los Angeles County Flood Control District; f. On-site drainage and hydrology improvements have been designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works: and, g. All on-site development is consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City; and, h. Before the issuance of any subsequent Permit `Final Inspection Approval' for the proposed project, the applicant must provide evidence to the P.B.S. Director and Public Works that all the improvements herein have been constructed in compliance with the appropriate regulations and specifications. TRANSPORTATION/CIRCULATION/PARKING 67. If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits/credits associated with development in the City, before the issuance of the first Building Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the P.B.S. Director and Public Works for review and approval. The calculations must include only programs which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P.B.S. Director that the proposed project CMP debits/credits related improvements were implemented and balanced on the Project Site in accordance with the approved phasing plan. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. As may be applicable, the 21 City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 68. Before the issuance of a Building Permit for the Project Area, the applicant must provide a Pedestrian Access/Circulation Plan to the P.B.S. Director, Recreation and Parks Director, and Police Chief for review and approval. The Plan must identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the project itself, including parking areas, building entrances, bicycle racks, recreational elements, etc. The Plan must reflect a safe movement pattern, which does not significantly conflict with vehicular movement and parking access areas. Before the issuance of a Certificate of Occupancy for each Project Area, the applicant must provide evidence to the P.B.S. Director, Recreation and Parks Director, and Police Chief that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan. 69. Before the issuance of each Building Permit in the Project Area, the applicant must submit a detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for review and approval by the Director of Public Works, the P.B.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer. Alternatively, such a plan may be submitted for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. The Traffic, Circulation and Parking Plan must include, without limitation, the following: a. An analysis of the estimated traffic generation for the building(s); b. Sight distances for each structure and parking area associated with the building(s); c. An analysis of the traffic volumes at each driveway or intersection associated with the building(s) in order to determine if any offsite improvements are warranted (i.e., deceleration lanes, left -turn pockets, new or modified traffic signals, etc.) that were not analyzed in the EIR due to the approximation of building locations in the EIR; d. Any new traffic signals or modifications to existing traffic signals must be subject to the review and approval of the Los Angeles County Department of Public Works. The applicant must pay the applicable county costs to provide plan check and inspection services; The applicant must dedicate any on-site land required to accommodate any required intersection and roadway improvements (e.g., deceleration lanes) and the new Park Place and Allied Way roadway extensions through the recording of the Final Map, which may be after building permit issuance, but must occur before issuance of a Certificate of Occupancy for any building in the Project Area; f. All truck circulation; g. Customer/employee parking; 22 h. All access points to the project site, which should be aligned with existing driveways and intersections where possible; i. Off-site circulation improvements; j. All median modifications, if necessary; k. All dead end aisles eliminated to satisfy City Codes; 1. All truck turning radii; m. The location of required loading spaces; n. An analysis that shows the location and the timing of construction of the required parking for the building or Project Area; o. Pedestrian crossing areas of the public roadways must be called out on the plans and appropriately designated; p. All parcels and structures must be connected by an accessible route of travel that meets the requirements of Title 24 of the California Building Code and, q. Final site plan approval for each building(s) must be contingent upon fulfillment of the above traffic design review requirements. All Circulation and Parking Plan improvements which require installation must be installed before the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan. Compliance with these requirements must be verified by the Director of Public Works, the P.B.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer before the issuance of a Certificate of Occupancy. 70. The applicant must install "No Parking" and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department. The applicant must install "No Parking" and other traffic signs on Sepulveda Boulevard and Rosecrans Avenue, as required .by the Public Works Department. 71. The applicant must provide handicap accessible pedestrian walkways, with a minimum five- foot width. Any roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right-of-way instead of locating them on private property. 72. Before the issuance of the first Building Permit for the Project Area, the applicant must submit Final Working Drawings to the P.B.S. Director for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM physical requirements have been provided as required by the City. All TDM/TSM 23 physical improvements required by City regulations must be installed before the issuance of each Certificate of Occupancy. 73. Before the construction of the portion of the Park Place roadway for the proposed project that would intersect Sepulveda Boulevard and any other improvements on Sepulveda Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda Boulevard as set forth in the EIR. The alterations to Sepulveda Boulevard must be in accordance with relevant Caltrans Encroachment Permit requirements and conditions and must be shown on the Final Working Drawings. The applicant is responsible for the costs of modifications and construction of all the roadway extensions and widenings that will be dedicated to the City. Before the issuance of a "Final Inspection Approval" of the roadway improvements, the applicant must install the intersection improvements. The improvements must be reviewed and approved by the City Traffic Engineer, and P.B.S. Director. 74. Prior to the issuance of a Certificate of Occupancy for any building in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. The applicant must be responsible for the design and construction of the new roadways. 75. Before the City issues a certificate of occupancy for any buildings constructed south of the Union Pacific/Burlington Northern Santa Fe Railroads, the new on-site and off-site roadway improvements, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan to the satisfaction of the Director of Public Works and the Director of Planning and Building Safety, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street, lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. Additionally, the roadway improvements along Rosecrans Avenue must be consistent with the design analyzed in the Addendum to the FEIR, including, but not limited to the lane configurations, deceleration lane design at Village Drive, and lengths of left turn pockets at Rosecrans Avenue and Sepulveda Boulevard and at Rosecrans Avenue and Village Drive. The applicant must be responsible for the design and construction of the new roadways. 76. The applicant must install off-site traffic related mitigation measures as set forth in the EIR and MMRP at the time when amount of building (floor area or vehicle trips) triggers the impact for which the mitigation measure is based, as documented in the required Traffic, Circulation, and Parking Plan. 24 77. Before the issuance of each Building Permit for the Project Area, the applicant must submit a temporary lane closure plan for review and approval by the Director of Public Work, Fire Chief and Police Chief if lane closures will be required during construction for a particular building to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences. 78. Driveway entrances must be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area. 79. The applicant must coordinate construction lane closures with the Director of Public Works, Police Chief and Fire Chief. 80. Before the issuance of each Certificate of Occupancy for a building in the Project Area, the applicant must pay a Traffic Impact Mitigation Fee. The amount will be based upon the adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy. 81. Shower and lockers for employees must be provided in sufficient number, as determined by the P.B.S. Director for each tenant in the Project Area exceeding 50,000 square feet. 82. The applicant must submit a Transportation System Management (TSM) Plan, pursuant to the requirements of Chapter 15-17 of the ESMC within 90 days of issuance of the first Certificate of Occupancy in the Project Area. UTILITIES 83. Before the issuance of the first Building Permit for the Project Area, the applicant must provide a Utility Plan to the P.B.S. Director and Public Works for review and approval. The Utility Plan must demonstrate that all on-site utilities, including fiber optic utility lines from each building to the public right-of-way, are placed underground. The applicant must assume the costs for the relocation of all utilities, without limitation, light poles, electrical vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a Certificate of Occupancy for each building that is the subject of the Building Permit, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the approved Utility Plan improvements has been installed and appropriate access provided per the approved plan. 84. Before the issuance of the first Building Permit for the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that proposed utility service improvements will be of a quality reasonably acceptable to the P.B.S. Director. The developer must encourage and promote a high quality, efficient, and sustainable development through the incorporation and utilization of the best and most cost-effective electrical, natural gas, communications, sewage handling, water conservation, and solid waste disposal equipment and systems. Compliance with this measure must be verified by the P.B.S. Director before Building Permit issuance. 25 85. On-site utilities on private property within the project site, including without limitation, storm drains, stormwater detention basins, water and sewer mains, must be owned and maintained by the developer and a connection point to a public main established. 86. Before the issuance of a building permit, the applicant must obtain utility easements for the utilities located on private property within the Project Area that cross through adjacent private property and/or utilities that are used or shared by two or more parcels. 87. Encroachment Permits for work in the public right-of-way must be obtained from the Engineering Division of the Public Works Department. A Grading Permit is also required when import or export of dirt exceeds fifty cubic yards. 88. Overload permits are required for dirt and material hauling on City streets. 89. No material storage is allowed in the public right-of-way except by Encroachment Permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right-of-way, it must be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right- of-way requires prior approval of the Public Works Director and must be limited to a maximum period of 24 hours. 90. Before the issuance of the first Building Permit for the Project Area, the applicant must submit Street and Public Right -of -Way Improvement Plans for review and approval to the Director of Public Works and P.B.S. Director. Said plans must include any required dedications and sidewalks in accordance with City standards necessary for the building that is the subject of the Permit. Sidewalks are required on both sides of all public streets within the Project Area. Before the issuance of a Certificate of Occupancy for each building that is the subject of the Permit, the applicant must dedicate any required right-of-way and install all sidewalks in accordance with plans and specifications approved by the City. Alternatively, the applicant may submit Street and Public Right -of -Way Improvement Plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 91. The Los Angeles County Sanitation District requires a Buildover Permit for construction over its sewer easements. The applicant must demonstrate through its Grading Plans in the Project Area that all alterations to final sewer easements, relocation of sewer manholes, and rights of way must be in accordance with relevant Buildover Permit(s) to allow the construction of the proposed project and other project components over any sewer easements. Before the issuance of the affected Grading Permits for the proposed project, the applicant must provide evidence to the P.B.S. Director that any necessary Buildover Permit(s) has been obtained or the easement(s) has been relocated. 92. Before issuance of the first building permit in the Project Area, the applicant must inspect the existing sewer laterals that connect to the City sewer mains in the area with closed circuit television (CCTV) to determine the condition of the existing infrastructure that will serve the 26 project. All reports and copies of CCTV videos must be submitted to the Department of Public Works. 93. If new sewer laterals are required and constructed in the public right-of-way, they must be a minimum of six inches inside diameter. Material must be "vitreous clay pipe." Each lateral must have a six-inch clean-out brought to grade at the property line and securely capped. A B9 size box must be placed around the clean-out for protection. The box must have a cover properly marked with the word "sewer." If in a traffic area, the cover must be traffic approved. All elevations of planned sewer connections must be reviewed and approved by the Director of Public Works before starting construction. Existing sewer laterals must be plugged at the sewer mainline and capped at the property line. Existing six-inch wyes may be reused if approved by the Director of Public Works. Any required sewer laterals must be installed before the issuance of a Certificate of Occupancy for the building to be served. 94. If any off-site upgrades are required due to changes in the proposed peak demands in sewer services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant must provide evidence to the P.B.S. Director that adequate sewer capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any sewer upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 95. If any off-site upgrades are required due to changes in the proposed peak demands in water and wastewater service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant must provide evidence to the P.B.S. Director that adequate water and wastewater capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any water and wastewater upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 96. Before issuance of a first Certificate of Occupancy for any building in the Project Area north of the Union Pacific Railroad right-of-way, the applicant must replace the 15 -inch sewer line located to the north of the project site with an 18 -inch sewer line as depicted on the Phase 1 Utility Layout plan. Before issuance of a first Certificate of Occupancy for any building in the Project Are south of the Union Pacific Railroad right-of-way, the applicant must prepare an analysis of the existing sanitary system on Rosecrans Avenue and calculate additional flow resulting from the proposed development in to the existing system. If necessary, upgrade the 12" and 15" diameter downstream sanitary sewer pipes on Rosecrans Avenue from point of connection to Aviation Boulevard. 97. Businesses that generate fats, oils, or greases are required to install grease interceptors with a minimum 30 -minute retention period on appropriate sewer connections. 27 98. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the appropriate additional on-site water and wastewater improvements as identified by the El Segundo Water and Wastewater Division, or an equivalent service provider, have been installed. Such additional measures must include separate services for potable and fire water systems, a separate water meter for each building, and potable system to be a combined irrigation and domestic, or separated into domestic and irrigation meters. Separate fire services with double detector check valves and backflow preventers are required. Upon completion of the site plan, the exact size and number of fire lines will be determined. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 99. If any off-site upgrades are required due to changes in the proposed peak demands for telecommunication services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 100. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that any appropriate additional improvements for on-site telecommunication services as identified by Pacific Bell, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. If the existing facilities serve adjacent properties, the services may require relocation. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 101. If any off-site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 102. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works 28 that any appropriate additional on-site natural gas service improvements as identified by The Gas Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure must be verified by the P.B.S. Director and before the issuance of the Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 103. If any off-site upgrades are required due to changes in the proposed peak demands for electrical service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 104. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that any appropriate additional on-site electrical service improvements as identified by The Edison Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. WATER 105. Before the issuance of the first Building Permit for each building within the Project Area, the applicant must submit Off-site Reclaimed Water Facility Plans to the P.B.S. Director and the Director of Public Works for review and approval. Said plans for the off-site improvements must include an approval from West Basin Municipal Water District, the supplier of reclaimed water. 106. Before the issuance of a Building Permit for each building within the Project Area, the applicant must submit Final Working Drawings that incorporate On-site Irrigation Plans to the P.B.S. Director and the Director of Public Works for review and approval. Such plans must indicate that reclaimed water must be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Department of Public Works, when available from the West Basin Municipal Water District or other supplier of reclaimed water. Such plans must include the installation of a dual water line system on-site to accommodate distribution of potable water for landscaping until reclaimed water for landscaping becomes available for the Project Area. In addition to the utilization of reclaimed water for irrigation, other water conservation features such as low -flow devices and automated shut -offs must be included throughout the Project Site. Water management systems must include both water conservation and wastewater reduction features. wt 107. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the connection with the City's reclaimed water system has been provided, the approved water management systems and water -saving devices have been incorporated into project development, and that the water facilities have been installed per the approved plans. If the water provider is unable to make reclaimed water available before the issuance of the Certificate of Occupancy, then potable water may be utilized and the Certificate of Occupancy must be issued. 108. The applicant must install a loop water distribution system for the Project Site with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works. Before the issuance of each Building Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system. The looped water system must provide water mains connection to Rosecrans Avenue on the south and Sepulveda Boulevard to the west. 109. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must pay the applicable water meter installation fees. Compliance with this measure must be verified by the P.B.S. Director before issuance of the Certificate of Occupancy. 110. Before the issuance of a Building Permit for each building within the Project Area, the applicant must pay the applicable sewer connection fees and charges. Compliance with this measure must be verified by the P.B.S. Director before Permit issuance. 111. Before the issuance of the first Certificate of Occupancy for a building in the Project Area, those areas not already part of County Sanitation District must be annexed to County Sanitation District No. 5. 112. Water meters must be provided for each lot by the applicant in accordance with City policies and approved by the Water Division before installation. This condition does not prohibit the use of private water meters for individual buildings or individual tenancies. PROJECT CONDITIONS THAT APPLY TO PHASE 1B ONLY 113. Up to a maximum of 12,000 gross square feet of restaurant space may open as early as 6:00 a.m. daily for breakfast service. ADMINISTRATIVE USE PERMIT/ALCOHOL SERVICE (FOR PHASE 113) 114. The proposed hours of operation and hours of alcohol service for the restaurants and kiosks, including the outdoor dining patios, are limited to: Sunday through Thursday from 10:00 a.m. to 12:00 a.m. and Friday through Saturday from 10:00 a.m. to 2:00 a.m. Food service must be available in the indoor dining areas and the outdoor patios during the hours of operation and alcohol service. Any change to the hours of operation or the hours that alcohol 30 may be served is subject to review and approval by the Director of Planning and Building Safety. 115. Any subsequent modification to the project as approved in the Administrative Use Permit, including the floor plan and areas where alcohol will be served, and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 116. The applicant for the Alcohol Beverage Control License must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must obtain and maintain a Type 41 license or a Type 47 license, whichever is applicable. 117. The restaurant operations must comply with ESMC §§ 7-2-1, et seq. regulating noise and vibration. 118. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 119. The applicant for the Alcohol Beverage Control License must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 120. The applicant for the Alcohol Beverage Control License must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant, patio and parking lot. Said contact's name and phone number must also be available through the restaurant staff at all times. 121. The applicant for the Alcohol Beverage Control License must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10") in the bar and restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non -drinking driver. 122. There cannot be exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior constitute a violation of this condition. 123. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control 31 (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 124. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Long Beach/Lakewood District Office administered Licensee Education on Alcohol and Drugs (LEAD) Program; or, b. Completed an approved equivalent (LEAD) training program administered by the ABC, Long Beach/Lakewood District Office to ensure proper distribution of alcoholic beverages safely, responsibly and to adults of legal age. Any future employee designated to sell alcoholic beverages on behalf of the licensee or applicant must obtain a certificate proving completion of the (LEAD) training; and c. The licensee or applicant must confirm with the Planning and Building Safety Director, or designee, within fifteen (15) days of the Director's decision as to the approval of the application, or by final project approval, that a date certain has been scheduled with the local ABC Office to complete the LEAD training program. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 125. The applicant for the Alcohol Beverage Control License must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one-half hour after closing. 126. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurants and the outdoor patio areas, the City may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 127. The outdoor dining/seating areas must comply with ESMC § 15-2-16. 128. The applicant for the Alcohol Beverage Control License must install security cameras for monitoring and recording activity, which include, without limitation: cash handling/counting areas, the manager's office, the safe, all access doors, and any other areas deemed necessary by the Police Department. Monitoring and recording equipment must be stored in a secure area (e.g., manager's office). 32 129. Before a building permit is issued, a schematic plan of the camera system must be submitted and approved by the Police Chief, or designee. The camera specification notes must be included on the schematic plan. 130. Before a building permit is issued, the minimum camera requirements must be listed on the building plans with the camera specifications and include the following: a. All security surveillance cameras must be installed to record video in color. b. Security cameras, especially those viewing customers as they enter the business or stand at cash registers, must capture the individual from the waist to the top of the head, straight on. c. Security surveillance cameras must be positioned low enough so that caps/hats or other disguises (typically used when committing a crime) will not obstruct the view of the individual's face. This will provide the best possible picture for the identification of the individual during the investigation process. d. The maximum mounting height is 8 feet. e. The recording equipment must capture video digitally and must record a minimum of (21) days for each security surveillance camera. Security surveillance camera recordings must be made available to law enforcement agencies for investigation purposes upon request. f. A schematic plan of the proposed camera locations must be submitted and approved by the Police Chief, or designee. g. The "Camera Specification Notes" must be included on the schematic plan page. h. A security surveillance camera plan must provide the following minimum items: (1) One camera facing each point of sale station (2); one camera facing the safe (it may be possible to cover the safe and the point of sale station closest to it); and (3) one camera at the main entry door capturing customers as they exit. 131. The buildings cannot be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 132. The buildings and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC ADJUSTMENT (FOR PHASE 1B) 133. The applicant must post clear signs at each of the required loading spaces designating them as loading spaces during the hours of 6:00 a.m. to 10:00 a.m. The signs must clearly prohibit 33 employee and/or customer parking during those hours. The applicant may extend the loading hours beyond 10:00 a.m. at his discretion. The parking spaces must be marked clearly to delineate the parking and loading spaces to the satisfaction of the Director of Planning and Building Safety. 134. Any subsequent modification to the project as approved in this Adjustment, including the plans and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. VARIANCE (FOR PHASE 111) 135. Before the City issues building permits, the applicant must submit detailed plans of the two retaining walls along the north property line adjacent to the UPRR right-of-way. The retaining walls and their non -retaining portions cannot exceed 12 feet in height, with the exception that a metal open work fence up to a maximum of 42 inches in height may be installed on top of the walls 136. Any subsequent modification to the project as approved in this Variance, including the plans and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification." INDEMNIFICATION 137. The Developer must defend, indemnify and hold the City and its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or liability of whatsoever kind or nature, arising from the City's approval of the project, including but not limited to the CEQA determination and/or the Development Agreement approval and all approvals from the time of the approval of the Original Development Agreement through and including the Revised and Restated Development Agreement. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of any City approval relating to the Revised and Restated Development Agreement or any approvals issued in conjunction therewith, the applicant 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. 138. PES Partners, LLC and Street Retail, Inc. must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. By signing this document, PES Partners, LLC and Street Retail, Inc. certify that they have 34 read, understood, and agree to the Project Conditions listed in this document and represents and warrants that it has the authority to execute this docurneut, on behalf of the property owner and acknowledges That the conditions set forth above shall run with the land and be binding upon all owners and occupants of the land, PESP PES PARTNERS, LLC, a Delaware limited liability company By: Street Retail, Inc., a Maryland corporation Its: manalzer JeffieS,'*ice-p -resident Weste Mcgvion STREET STREET RL,TA", NC., a Maryland corporation ident L"A {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} 35