ORDINANCE 1635ORDINANCE NO. 1635
AN ORDINANCE APPROVING ZONE CHANGE AND ZONING MAP
AMENDMENT NO. 19-01, SPECIFIC PLAN NO. SP 19-01, ZONE TEXT
AMENDMENT NO. ZTA 19-08, AND DEVELOPMENT AGREEMENT NO.
DA 19-02 FOR THE PACIFIC COAST COMMONS SPECIFIC PLAN AND
PACIFIC COAST COMMONS MIXED -USE PROJECT AT 475-629
PACIFIC COAST HIGHWAY.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A, On May 31, 2019, BRE El Segundo Holdco, LLC, submitted applications for an
Environmental Assessment (EA No. 1248), General Plan Amendment and General
Plan Map Amendment No. GPA 19-01, Specific Plan No. SPA 19-01, Zone
Change and Zoning Map Amendment No. ZC 19-01, Zone Text Amendment No.
ZTA 19-08, Development Agreement No. DA 19-02, and Subdivision No. SUB 19-
03 for Vesting Tentative Map No. 82806 for the Pacific Coast Commons Specific
Plan and Pacific Coast Commons Mixed -Use Project at 475-629 North Pacific
Coast Highway ("Project");
B, The project applications were reviewed by the City's Development Services
Department for, in part, consistency with the General Plan and conformity with the
ESMC;
C. 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"),
D. An Environmental Impact Report (EIR) was prepared pursuant to the requirements
of CEQA and the CEQA Guidelines;
E. On November 18, 2021, December 9, 2021 and February 10, 2022, the Planning
Commission held duly -noticed public hearings at the conclusion of which the
Planning Commission adopted Resolution No. 2905 recommending the City
Council certify the EIR and approve the Project including, without limitation,
adopting this Ordinance;
F. On March 15, 2022, the City Council held a public hearing and considered the
information provided by City staff, public testimony, and representatives of BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and
BRE El Segundo Parking LLC regarding this Ordinance; and
G. This Ordinance and its findings are made based upon the entire administrative
record including, without limitation, testimony and evidence presented to the City
ORDINANCE NO. 1635
Page 1 of 10
Council at its March 15, 2022 hearing and the staff report submitted by the
Development Services Department.
SECTION 2: Environmental Assessment. Prior to adopting this Ordinance, the City
Council adopted Resolution No. 5319 certifying a Final Environmental Impact Report
(FEIR), adopting Findings of Fact and a Statement of Overriding Considerations (SOC)
and adopting a mitigation monitoring and reporting program (MMRP) for this Project
which, among other things, properly assesses the environmental impact of this
Ordinance, and the Project, in accordance with CEQA. This Ordinance incorporates by
reference the environmental findings and analysis set forth in Resolution No. 5319.
SECTION 3: General Plan Amendment. Prior to adopting this Ordinance, the City Council
adopted Resolution No. 5319 for General Plan Amendment No. 19-01, changing the land
use designation for the property at 475-629 North Pacific Coast Highway from General
Commercial and Parking to Pacific Coast Commons Specific Plan (PCCSP).
SECTION 4: Factual Findings and Conclusions. The City Council finds
that the following facts exist:
A. The subject property is located at 475-629 North Pacific Coast Highway in the
northwest quadrant of the City of El Segundo.
B, The property site is a level 6.385 gross acre site located on two blocks along Pacific
Coast Highway.
C. The project site is comprised of two blocks and is currently improved with two
existing hotels and two existing paved parking lots. The block bounded by Pacific
Coast Highway, Holly Avenue, Indiana Street and Mariposa Avenue is currently
developed with the 350-room Fairfield Inn and Suites and the 246-room Aloft hotels
totaling approximately 325,000 gross square feet combined and a paved parking
lot. The portion of the project site on the block north of Mariposa Avenue and south
of Palm Avenue is developed with a paved surface parking lot. No trees are located
on the parking lot site.
D, The project is a residential and commercial mixed -use concept. The Specific Plan
would allow 622,398 gross square feet of development including 282,398 square
feet of existing development that would remain. The proposed maximum
development density is a 2.70 Floor Area Ratio (FAR) after dedications for right-
of-way improvements. The Specific Plan would allow a maximum of two hundred
sixty-three residential dwelling units including thirty-two .affordable housing units
located among three of the Land Use Districts within the Specific Plan. Each new
lot will meet or exceed the minimum size and dimension requirements.
E. The surrounding land uses include a fast food restaurant (Carl's Jr.), a vacant
restaurant and parking lot, and multi -family residential uses to the north and a gas
station on the northwest corner of Mariposa Avenue and Pacific Coast Highway;
restaurants and office uses, a Ralphs market, two commercial shopping centers
with retail and restaurant uses, and a 6-story office building to the east; a small
ORDINANCE NO. 1635
Page 2 of 10
commercial shopping center with a drug store, bank, two restaurants and retail
store to the south; and multi -family residential uses to the west.
F. Development standards for allowable uses have been developed for the Specific
Plan and all uses within the Plan area must be compliant. The allowed uses
identified in the development standards include multiple -family residential uses
including both townhomes and apartments, and a range of commercial uses
including but not limited to, hotel, retail, restaurant, and offices.
& This Ordinance rezones the area from the General Commercial (C-3) Zone and
Parking (P) Zone to the Pacific Coast Commons Specific Plan (PCCSP) Zone and
adopts the Pacific Coast Commons Specific Plan.
R The PCCSP contains five land use designations. These are: PCC Mixed -Use 1
(PCC MU-1), PCC Commercial-1 (PCC COM-1), PCC Commercial-2 (PCC COM-
2), PCC Commercial-3 (PCC COM-3), and PCC Mixed -Use 2 (PCC MU-2). The
PCC MU-1 designation applies to one parcel comprised of 1.241 acres after right-
of-way dedications. The PCC COM-1 designation applies to one parcel comprised
of 0.905 acres after right-of-way dedications. The PCC COM-2 designation applies
to one parcel comprised of 1.549 acres after right-of-way dedications. The PCC
COM-3 designation applies to one parcel comprised of acres after 0.728 acres
after right-of-way dedications. The PCC MU-1 designation applies to two parcels
comprised of 1.806 acres after right-of-way dedications.
1, The Project includes completion of a roadway widening on Mariposa Avenue and
the addition of a new eastbound dedicated right -turn only travel lane that turns
south onto Pacific Coast Highway. The Project also includes roadway widening on
Holly Avenue.
SECTION 5: Zone Change Findings.
A. Based on the factual findings set forth in Section 4 of this Ordinance and the
evidence in the record as a whole, the proposedZone Change is necessary to carry
out the proposed project because the proposedGeneral Plan Amendment changes
the land use classification of the project site from General Commercial and Parking
to Pacific Coast Commons Specific Plan (PCCSP). The Zone Change changing
the property and the Zoning Map from General Commercial (C-3) and Parking (P)
to Pacific Coast Commons Specific Plan (PCCSP) is necessary to maintain
consistency with the proposed General Plan land use designation of Pacific Coast
Commons Specific Plan.
B, ESMC Title 15 is intended to be the primary tool for implementing the goals,
objectives and policies of the El Segundo General Plan. The zone change will
maintain consistency with the change in General Plan land use designation to
Pacific Coast Commons Specific Plan and is also consistent with the General Plan
goals, objectives and policies set forth in Section 4 of ResolutionNo. 5319. Those
findings of consistency are incorporated by reference as if fully set forth herein.
ORDINANCE NO. 1635
Page 3of10
SECTION 6: Zone TextAmendment Findings. Based on the factual findings in Resolution
No. 5319, as incorporated into this Ordinance, the Zone Text Amendment is necessary
to implement the Project and establish the proposed Pacific Coast Commons Specific
Plan (PCCSP) Zone. An amendment to ESMC § 15-3-2(A) to add a new subsection (12)
to create the Pacific Coast Commons Specific Plan (PCCSP) Zone is necessary for
consistency with the General Plan.
SECTION : Specific Plan Findings. The Pacific Coast Commons Specific Plan (PCCSP)
will provide the comprehensive planning and zoning regulations for the proposed
residential and commercial mixed -use development concept. Based on the factual
findings set forth herein and in Resolution No. 5319, together with the evidence in the
administrative record as a whole, the City Council finds that the PCCSP will further the
goals, policies and objectives of the General Plan and will not obstruct their attainment.
The City Council further finds that the PCCSP contains all of the elements required of a
specific plan pursuant to Government Code section 65451.
SECTION 8: Development Agreement Findings. Pursuant to City Council Resolution No.
3268, adopted June 26, 1984, the City Council finds that:
A. The project is consistent with the objectives, policies, general land uses, and
programs specified in the general plan and any applicable specific plan. The
Development Agreement would provide the following public benefits in exchange
for valuable development rights (fifteen -year entitlement with a five-year extension
option):
1. Create a Specific Plan with a range of multiple -family residential and
commercial uses that will contribute to the City's housing stock including the
addition of affordable housing units and contribute to job creation
opportunities and balance growth with local resources and infrastructure
capacity. Additionally, the addition of housing units will improve the jobs -
housing balance within the City.
2. The project will provide thirty-two affordable housing units for occupancy by
low income and very low-income households for 55 years.
3. The project will help foster economic development in the City by contributing
to a strong business climate, with positive outcomes such as business
retention and attraction, as well as effective levels of City services to all
members of the community.
4. The project will increase the City's tax base including utility user tax,
property tax and sales tax, and therefore provide the City with resources to
provide high -quality services to residents and the daytime population.
5. The project includes the payment of $50,000 to the City for either the costs
to implement a permit parking district adjacent to the Project site if the
residents petition for such district or, to be used by the City for public
improvements in the geographical vicinity of the Project site.
ORDINANCE NO. 1635
Page 4 of 10
6. The project also includes the payment of up to an additional $100,000 to
implement potential measures regarding traffic, parking, speeding,
bikeways and pedestrian safety in the general area based on a study which
the City may conduct six months after the project is fully occupied (90% or
greater occupancy).
7, Community Non -Profit Space. The project will provide 1,000 square feet of
community space on the ground floor of the Fairfield parking structure.
8. Landscaping improvements. Additional landscaping and trees will be
provided on the west side of Indiana Street between Mariposa Avenue and
Holly Avenue. Enhanced landscaping and pedestrian seating will be
provided in the existing landscaped areas in front of the Fairfield Inn and
Suites and Aloft hotels that will be installed with the development of the PCC
South Site. Six new street trees will be planted along the PCC South Site
development street frontage. Enhanced landscaping will be provided with
the development of the PCC North Site along the western block wall.
9. Enhanced on -site paving improvements. Enhanced on -site paving
improvements will be provided at several vehicular entrances/exits to the
three new development areas.
10. EV Charging. The project will include 200 EV capable spaces including 50
installed EV chargers across the PCC Specific Plan area.
11. Solar Panels. Solar panels will be installed in the PCC North and PCC South
residential developments that will generate sufficient power for their
respective common areas power needs.
12. Battery Storage. The project will comply with the battery storage system
requirements consistent with the 2022 Building Energy Efficiency Standards
(Title 24 Energy Code) for both PCC North and PCC South.
13. Fencing improvements. Chain link fencing at the Fairfield and Aloft Hotel
sites will be removed and replaced with decorative fencing.
14, The increase in density, which is located along a major bus route corridor
and approximately % mile from the existing Metro Green Line Light Rail
Station at Mariposa Avenue and Nash Street, helps implement regional
planning programs and plans such as the SCAG Regional Transportation
Plan/Sustainable Communities Strategy and efforts towards improving
mobility and livability.
15. The increase in density close to the existing Metro Green Line light rail
station also implements General Plan Land Use Element Policy LU 4-4.6
promoting denser mixed -use development near the City's existing Metro
Green Line stations.
ORDINANCE NO. 1635
Page 5 of 10
B, The project is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located. The
proposed project includes a new land use designation and zoning classification,
which establishes the permitted uses and development standards that would apply
to the project. These uses and development standards are similar and compatible
with the other commercially zoned districts in the City.
C. The project conforms to public convenience, general welfare and good land use
practice. The Pacific Coast Commons Specific Plan includes a range of multiple -
family residential and commercial uses that will contribute to the City's housing
stock including affordable units, contribute to job creation opportunities, balance
growth with local resources and infrastructure capacity, and improve the jobs -
housing balance within the City. The project will provide roadway improvements
on Holly Avenue and on Mariposa Avenue including a new dedicated eastbound
(to southbound) right turn lane on Mariposa Avenue.
D. The project will not be detrimental to the health, safety and general welfare. An
EIR was completed to evaluate the project which reviewed issue areas such as
Aesthetics, Air Quality, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Noise, Population and Housing, Public
Services, Recreation, Transportation, Tribal Cultural Resources, and Utilities and
Service Systems. All feasible mitigation has been incorporated into the project to
reduce or eliminate potential impacts and to maintain public health, safety and
general welfare. The EIR concluded that the project will have a significant,
unavoidable impact with regard to air quality due to the fact that it will result in
slightly higher population growth than that anticipated in the SCAG 2016 RTP/SCS
for the 2016-2040 period (an increase of 618 individuals as opposed to the 600
anticipated by SCAG). Notwithstanding the fact that the project would slightly
increase the City's population growth beyond SCAG's projections for the 2016-
2040 period, the City Council finds that the project will not be detrimental to the
health, safety and general welfare.
E. The project will not adversely affect the orderly development of property or the
preservation of property values. This project is surrounded by previously
developed multiple -family residential and commercially developed land and the
proposed uses of the Pacific Coast Commons Specific Plan are consistent with
surrounding development and will not adversely affect the value of neighboring
properties. The proposed Pacific Coast Commons Specific Plan development
standards and development agreement will ensure that the project will be
developed in an orderly fashion. All mitigation measures will be implemented at
the time and place impacts occur.
SECTION 9: Actions. The City Council takes the following actions:
ORDINANCE NO. 1635
Page 6 of 10
A. ESMC § 15-3-2(A) is amended to add subsection 12 to read as follows:
"12. Pacific Coast Commons Specific Plan (PCCSP):
There are five classes of use districts intended to be used within the boundaries
of the Pacific Coast Commons Specific Plan. These districts are:
PCC Mixed-Use-1 (PCC MU-1)
PCC Commercial-1 (PCC COM-1)
PCC Commercial-2 (PCC COM-2)
PCC Commercial-3 (PCC COM-3)
PCC Mixed-Use-2 (PCC MU-2)"
B. The current Zoning Map is amended by changing the Project site from "Parking"
and "General Commercial (C-3)" to "Pacific Coast Commons Specific Plan,"
including the zoning district designations within the Specific Plan. The
corresponding changes to the Zoning Map are set forth in attached Exhibit "A,"
which is incorporated into this Ordinance by reference.
C. The "Pacific Coast Commons Specific Plan" is adopted as set forth in attached
Exhibit "B," which is incorporated into this Ordinance by reference.
D. The Development Agreement by and between the City of El Segundo and BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, AND
BRE El Segundo Parking LLC, as set forth in attached Exhibit "C," and
incorporated into this Ordinance by reference, is approved. The Mayor is
authorized to execute the Development Agreement in a form approved by the City
Attorney.
E. To the extent they are not otherwise adopted or approved by this Ordinance, the
City Council approves Zone Change and Zoning Map Amendment No. ZC 19-1
and Zone Text Amendment No. ZTA 19-08.
SECTION 10: Exhibits. This Ordinance includes the following exhibits which are attached
hereto and made a part hereof:
A. Zoning Map Amendment
B. Pacific Coast Commons Specific Plan
C, Development Agreement
SECTION 11: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance 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.
ORDINANCE NO. 1635
Page 7 of 10
SECTION 1 : Limitations. The City Council's analysis and evaluation of the Project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's
knowledge of future events. In all instances, best efforts have been made to form accurate
assumptions. Somewhat related to this are the limitations on the City's ability to solve
what are in effect regional, state, and national problems and issues. The City must work
within the political framework within which it exists and with the limitations inherent in that
framework.
SECTION 13: 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 14: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 15: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 15: Validity Of Previous Code Sections. If this entire Ordinance or itsapplication
is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the
ESMC or other city ordinance by this Ordinance will be rendered voidand cause such
previous ESMC provision or other the city ordinance to remain in full force and effect for
all purposes.
SECTION 1 7 Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 18: Certification and Recordation. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of El
Segundo's book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and adoption of
this Ordinance, cause a summary thereof to be published or posted in accordance with
California law. Additionally, the City Clerk is directed to record the Development
Agreement.
ORDINANCE NO. 1635
Page 8of10
SECTION 19: Effective Date. This Ordinance shall take effect 30 days after its passage
and adoption.
PASSED AND ADOPTED this 19th day of April, 2022.
ATTEST:
Tracy Wear, r, City Clerk
APPROVED AS TO FORM:
Mark D. H nsl , ity Attorney
Drew B Mayor
ORDINANCE NO. 1635
Page 9 of 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1635 was duly introduced by said City Council at a regular meeting held on
the 15t" day of March, 2022, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting
of said Council held on the 19t" day of April, 2022, and the same was so passed and adopted
by the following vote:
AYES: Mayor Boyles, Mayor Pro
Member Nicol, and Counci
NOES: None
ABSENT: None
ABSTAIN: None
Tern Pimentel, Council Member Pirsztuk, Council
I Member Giroux
WITNESS MY HAND THE OFFICIAL SEAL OF SAID ITY th is day of April, 2022.
�04 ujm)�&
Tra y Weaver, City Clerk
of the City of El Segundo,
California
ORDINANCE NO. 1635
Page 10 of 10
ME
CO
I Ell, A-
.................
P-1
City of El Segundo Pacific Coast Commons Specific Plan iL'SEGUNDO
Proposed Specific Plan and Zoning Districts
. . . . . . .... .........
. . . . ........... . .
EXHIBIT "B"
Specific Plan No. SP 19-01
February 2022
PACIFIC COAST COMMONS SPECIFIC PLAN
TABLE OF CONTENTS
I. INTRODUCTION................................................................................................ I
A. Specific Plan Area ..................................................... --- ............................. ,.........I
B. Background ...................... .....,......... ......,......... ...,...,., ........................ ,..,.., ..........2
C. Demographics ........---- ........ ........................ .,..,...,..................... ,,.,..... ........8
D. Economic Context .. ......... ..................--- ......... ............ .. .................... .........8
II. OVERVIEW OF THE SPECIFIC PLAN ..... ........................... ............... .........9
A. Purpose and Authority of Specific Plan...................................................................9
B. Specific Plan Scope and Goals ............. .................. .................... ......... ......10
C. Consistency with the General Plan........................................................................10
D. Entitlements ............. -- ... ............. ,.,................... ............... ................... ,....,.,......... .17
E. Existing Land Uses ........................... ,..,.,,.................................................19
III. LAND USE PLAN....................................................................................................., .21
A.
Development Concept ..................................... ........ ................... ...,,,-- ......21
B.
Land Use Plan ................................................ ........................... .................
22
C.
Phasing .............................. ......... ......... ................. ................................ ...........
33
D.
Circulation Plan ............................................. ................. ... ...... ...................33
E.
Grading Concept ............................................ ....... ......... ............. ................36
IV. UTILITIES AND INFRASTRUCTURE.......................................................................38
A.
Water Service ......... ...................
......... .................... ................... ......... ........38
B.
Reclaimed Water ........................
.................. ......... ................... ....................43
C.
Sewer Service ................................
........................... ..<.,..................... ......,,....,....... 43
D.
Drainage.................................................................................................................48
E.
Gas .......... ................. ,......,........................
.,..,,...,.................. ...............................56
F.
Electric............................................................
............................. ....................56
G.
Telecommunications Utilities
..... ....... ................... ....... ....... ......-- .........60
H.
Solid Waste Disposal.............................................................................................60
I.
Fire Protection .............................
........... ............. ..................... ...................60
J.
Police Services ................
........ ......... ...„..... ........, ,...,,...,........ ....................61
V. DESIGN GUILDELINES .................... ..........................................» ..................62
A. Design Objectives ..... ... - ................ ......... ................,.. ,,,....,,. , ..........,.....62
Page i FEBRUARY2022
PACIFIC COAST COMMONS SPECIFIC PLAN
VI. DEVELOPMENT STANDARDS .................. ...... .................. ...........................69
A.
Permitted Uses ............. ..................... ___ .................. ......... ...............___ .......
69
B.
Development Standards ............................................. _... ,,,.......... .. .._
71
C.
Circulation ................................................ ___ ..... ....... ................. .................. .....75
D.
Parking and Loading..............................................................................................75
E.
Landscaping ........................................... ___ .... ................... .,.... ,,,................... ...,,.77
F.
Common Recreation Facilities/Open Space and Private Open Space ...................79
G.
Public Safety .......... ........................,................ ..,,... ....80
H.
Signage................... ................... .........___ ..................... ........... .................,..80
I.
Sustainability.......... .................. ......... .......................... .......... ..................81
J.
Enclosed and Unenclosed Uses ............. ....... ......... .......... ......... ........81
K.
Non -Conforming Uses and Buildings. ........ ... ___ ...... ........................ ............
82
VII. ADMINISTRATION..................................................................................... .........8
A. Introduction.................................................... ......... ......... .__ ........ .........83
B.
Municipal Code References.... .... ....... — .... _ .. .......... ...... ___ ........................... 8
C.
Modifications ..................___ ....... ....... ......... ,..............
....... ,................................. 8:
D.
Site Plan Review........____... ..................... ____ ....... ....................... ..........84
E.
Amendment ............ ................................................................
......,,,,... ....85
F.
Infrastructure Improvements/Coordination...........................................................86
G.
Financing Measures...............................................................................................86
H.
California Environmental Quality Act Compliance
..............................................86
Page ii FEBRUARY2022
PACIFIC COAST COMMONS SPECIFIC PLAN
EXHIBITS
Exhibit 1 Regional Vicinity Map........« ...............«,,.,,.„,.«.«.
Exhibit 2 Local Vicinity Map .............. --- ... ....... ,„«««.......
Exhibit 3 Local Vicinity Aerial View..,..„....„,„.,« ...............
Exhibit 4 Existing Development ....................«. «..............
Exhibit 5 Land Use Plan... ................«.,,.„„...........,,,..«..,,.,..
..................3
..........„„„.„,..--4
..„.,,,,............... 5
Exhibit 6 Conceptual Site Plan ............... ..........M....,,,..„,.................... ,,,.„„„„„...... ..,... ... —,
...6
.28
.29
Exhibit 7A Vesting Tentative Map # 82806.„,„,„................—........«„..„„...„.....,............„«.„.«.„.......30
Exhibit 713 Existing and Proposed Lot Configuration Diagram .... ....................„..................... 32
Exhibit 7C Conceptual Street Dedication Plan ........................... ...„,.,..„,,„................... ...... --.34
Exhibit 8A Conceptual Water Plan South Site ............................. „„.......................................... 40
Exhibit 813 Conceptual Water Plan Fairfield Parking Site ........„ ............ ...„,...................... ....-Al
Exhibit 8C Conceptual Water Plan North Site- ..... ........ ........ - ... - ......... ......... ....„..„42
Exhibit 9A Conceptual Sewer Plan South Site.....,..„........ ,,,....... .„..„.......... .,.,.„„................ —,45
Exhibit 913 Conceptual Sewer Plan Fairfield Parking Site ........... „,....... «...«,.....,,,.,.„,.................46
Exhibit 9C Conceptual Sewer Plan North Site ........................ .......... ,...,......,,,,,,..„,.................. 47
Exhibit l0A Existing Drainage Plan South Site ........................... ,... --............................. ,,,„..... 50
Exhibit 1013 Conceptual Drainage Plan South Site ............. „.,.................................. ...„... ....... „...51
Exhibit IOC Existing Drainage Plan Fairfield Parking Site....,...„...............„„...............,„.......,,««.52
Exhibit 1 OD Conceptual Drainage Plan Fairfield Parking Site... ........ -.-- ..............................53
Exhibit l0E Existing Drainage Plan North Site ..............................--- .. „„„...... ........ ,,,..... .54
Page iii FEBRUARY2022
PACIFIC COAST COMMONS SPECIFIC PLAN
Exhibit IOF Conceptual Drainage Plan North Site....................................................................55
Exhibit 11A Electric, Gas and Telecommunication Conceptual Plan South Site ......................57
Exhibit 11B Electric, Gas and Telecommunication Conceptual Plan Fairfield Parking Site ....58
Exhibit 11C Electric, Gas and Telecommunication Conceptual Plan North Site ......................59
Page iv FEBRUARY2022
PACIFIC COAST COMMONS SPECIFIC PLAN
TABLES
TableI-1 Existing Uses .................................................................. ......... ........ .........7
Table III-1 Land Use Summary — Project Development Scenario,....,......................................25
Table III -II Land Uses — Project Development Scenario ........................................ ........ ........„26
Table III -III Land Use Summary — Specific Plan Scenario.......................................................27
Table IV-1 Required Number and Spacing of Fire Hydrants.. ...................... - ..... ..... 39
TableVI-1 Allowable Uses ................. .... ..... ..................................... ............. ........ ..........69
Table VII-1 California Environmental Quality Act Conformance....................--...................,86
APPENDICES
Appendix A Pacific Coast Commons Specific Plan Legal Description.....................................88
Page v FEBRUARY2022
I. INTRODUCTION
A. SPECIFIC PLAN AREA
Pacific Coast Commons Specific Plan (PCCSP) area is located in the City of El Segundo, County
of Los Angeles, California. El Segundo is situated approximately 15 miles southwest of downtown
Los Angeles. The City of El Segundo is located south of the City of Los Angeles, west of the City
of Hawthorne and the County of Los Angeles, north of the City of Manhattan Beach, and east of
the City of Los Angeles and the Pacific Ocean (refer to Exhibit 1, Regional Vicinity Map).
More specifically, the roughly 6.385 gross acre area within the Specific Plan (6.23 net acres post
street dedications) is located in the northwest quadrant of the City of El Segundo, approximately
three quarters of a mile south of the Los Angeles International Airport (LAX) and the Glen
Anderson Century Freeway (I-105), approximately two and one quarter miles west of the San
Diego Freeway (SR-405), and approximately two and a half miles southwest of the juncture of
these two freeways.
The site encompasses a "superblock" bounded by Pacific Coast Highway, Mariposa Avenue, Holly
Avenue and Indiana Street containing the Aloft and Fairfield Inn and Suites hotels. The site also
includes a parking lot on a portion of the block to the north of the hotel "superblock" that has
frontage on Pacific Coast Highway, Mariposa Avenue to the south and Palm Avenue to the north
(refer to Exhibit 2, Local Vicinity Map, and Exhibit 3, Local Vicinity Aerial View).
The adjacent land uses and zoning include the following (refer to Exhibit 4, Existing
Development):
North: The adjacent land uses to the north include: a fast food restaurant and a vacant
restaurant and parking lot in the General Commercial (C-3) Zone; and multi-
family residential uses in the Multi -Family Residential (R-3) Zone. A gas
station is located on the northwest corner of Mariposa Avenue and Pacific Coast
Highway in the General Commercial (C-3) Zone, which is north of the
superblock that contains the two existing hotels and southeast of the parking lot
for the Fairfield Inn and Suites Hotel located along Pacific Coast Highway
between Mariposa and Palm Avenues. A fast-food restaurant, Carl's Jr., is
located northeast of the same parking lot. Carl's Jr. is located at the southwest
corner of Pacific Coast Highway and Palm Avenue.
East: The adjacent land uses to the east across Pacific Coast Highway include: a
property with restaurants and office uses in the Corporate Office (CO) Zone; a
Ralphs market and two commercial shopping centers with retail and restaurant
uses in the General Commercial (C-3) Zone, and a 6-story office building in the
Corporate Office (CO) Zone.
South: The adjacent land uses to the south of Holly Avenue include a small commercial
shopping center with a drug store, bank, two restaurants and a retail store in the
General Commercial (C-3) Zone.
Page 1 FEBRUARY2022
West: The adjacent land uses to the west include multi -family residential uses in the
Multi -Family Residential (R-3) Zone.
B. BACKGROUND
In 1957 a 386-room hotel known as the Thunderbird International Hotel was built on the property
that is contained within the Specific Plan area. A restaurant, coffee shop, banquet rooms and
lounge were added in 1958. The coffee shop was later renovated and re -opened in August 1962
as the Huki Lau restaurant with Polynesian decor and cuisine. The hotel was sold in the 1960's
and renamed the Hacienda International Hotel which was later shortened to the Hacienda Hotel.
The restaurant was renamed the Tiki Hut at that time as well.
The hotel was further expanded over the years and enlarged to include a maximum of 640 rooms
at its peak with a reputation as the 1 Otn largest hotel in the County of Los Angeles. In 1987, the
hotel was granted a new Conditional Use Permit (EA-132; CUP 87-01) to allow for further
renovations and the construction of a 60-foot tall sign tower with a 150 square -foot sign. Parking
for the Hacienda Hotel was provided in multiple locations that included a parking lot located on
the same block to the south of the Hacienda Hotel, a parking lot across the street on the block to
the north of the hotel at 629 North Pacific Coast Highway, and some parking spaces interspersed
around the hotel buildings.
On October 9, 2014 the Planning Commission approved two new conditional use permits (EA-
1061; CUP 14-01 and CUP 14-02) to allow the existing Hacienda Hotel with 619 guest rooms to
be split into two hotels, renovated and modernized. The North Hotel (located at 525 and 545 North
Pacific Coast Highway) was renamed the Fairfield Inn and Suites and the South Hotel was renamed
the Aloft Hotel (located at 475 North Pacific Coast Highway). The Aloft Hotel was reduced from
263 to 246 guest rooms and included a 6,640 square -foot addition to the existing 9-story hotel that
provided a front desk area, lounge, self -serve food area, bar, multi -purpose room and exercise
room. The Aloft Hotel includes an outdoor pool and an outdoor dining patio. The Aloft Hotel is
106,747 gross square feet in size. The Fairfield Inn and Suites was reduced from 356 to 350 guest
rooms. The Fairfield Inn and Suites includes 3 buildings: a 9-story tower containing guest rooms,
a 4-story building (with a central courtyard and pool area) that contains a lobby area, restaurant,
bar, meeting rooms, a fitness room, and guest rooms, and a 2-story "food and beverage" building
that contains banquet rooms, a restaurant/bar, and storage uses. The total square footage of the
existing Fairfield Inn and Suites Hotel (3 buildings) is 217,311 gross square feet in size. Parking
for the Aloft Hotel is provided in the existing parking lot to the south of the hotel (167 parking
spaces). Additionally, 23 spaces are currently provided off -site pursuant to an off -site parking
covenant in the existing parking lot at 629 North Pacific Coast Highway. Parking for the Fairfield
Inn and Suites Hotel is provided primarily off -site with 213 parking spaces provided pursuant to
an off -site parking covenant in the existing parking lot at 629 North Pacific Coast Highway and
33 parking spaces provided on -site.
Page 2 FEBRUARY2022
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Page 5 FEBRUARY2022
EXHIBIT 4
EXISTING DEVELOPMENT
Page 6 FEBRUARY2022
The Aloft Hotel is 98,741 net square feet in size with an existing 0.992 FAR based upon its current
lot size and configuration where a maximum of 1.0 FAR is allowed. The 3 buildings that comprise
the Fairfield Inn and Suites Hotel total 190,026 net square feet in size with an existing 1.94 FAR
where 1.0 FAR is allowed (existing legal, non -conforming condition). Both properties are non-
conforming in regard to many development standards as they were built prior to the current
development standards of the General Commercial (C-3) Zone.
The existing uses consist of:
Table I-1
Existing Uses
Under the existing General Commercial (0) development standards no additional development
could occur as the existing hotels utilize the maximum FAR allowed. Further, the parking lot to
the north is currently zoned Automobile Parking (P) which only allows surface parking lots and
parking structures. Commercial development is not permitted in the Automobile Parking (P) Zone.
Therefore, a Specific Plan is needed in order to allow the proposed mixed -use
residential/commercial development to be added to the site along with the two existing hotels that
will remain.
BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE EL
Segundo Parking LLC (collectively, "BRE El Segundo") filed for this Specific Plan along with
other applications. The other applications include an Environmental Assessment, a General Plan
and General Plan Map Amendment, Zone Change, Zoning Map Amendment, Zone Text
Amendment, a Development Agreement, a Subdivision of Land (Vesting Tentative Map), Site
Plan Review, a Parking Demand Study and Shared Parking Analysis, street dedication waivers for
a portion of the dedication requirements for Mariposa Avenue and Indiana Street, reciprocal access
agreements, an amendment to Resolution Nos. 2759 and 2760 to rescind the previous approvals
of SUB No. 1405, Lot Tie Covenant No. 14-03, Off -site Parking Covenant Nos. MISC 14-03 and
14-06, leaving in place CUP Nos. 14-01 for the Fairfield Inn and Suites Hotel and CUP No. 14-02
for the Aloft Hotel, along with alcohol service at both hotels with modifications to the conditions
Page 7 FEBRUARY2022
of approval accordingly, and new off -site parking covenants to replace the previously approved
Parking Covenant Nos. MISC 14-03 and 14-06. The intent of the Specific Plan is to allow the
development of the Specific Plan area with the combination of new and existing development with
allowed residential and commercial uses with an average floor area ratio (FAR) of 2.15:1, a
minimum floor area ratio (FAR) of 0.16:1 in any one land use district and a maximum floor area
ratio (FAR) of 2.70:1 in any one land use district. The majority of the new development will target
adding new housing stock to the community to meet existing and future housing needs through the
development of existing surface parking lots and demolition of 41,660 gross square feet of a
portion of the Fairfield Inn and Suites hotel ("Food and Beverage" Building") located at the
southwest corner of Mariposa Avenue and Pacific Coast Highway. The adoption of this Specific
Plan will allow expansion of the uses permitted on the site with development standards tailored to
the unique mix of hotel, residential and commercial (retail and office) uses on the site.
C. DEMOGRAPHICS
According to the 2010 United States Census, as of 2010 El Segundo had a population of 16,654
persons and a total of 7,410 dwelling units. From 2000 to 2010, El Segundo's population increased
by 4%. The California Department of Finance reported a population of 17,066 persons in May
2019. The 2019 Profile of the City of El Segundo prepared by the Southern California Association
of Governments ("SCAG") indicates that as of 2017 there were 48,515 jobs in the City of El
Segundo.
D. ECONOMIC CONTEXT
At its peak before the economic recession in 2008, El Segundo had a daytime population of
approximately 85,000 persons compared to its resident population of approximately 17,000
persons. There was a net loss of jobs in the City between 2007 and 2012 with the number of jobs
beginning to increase again in 2013. According to SCAG's 2015 profile the total number of jobs
dropped from 56,559 persons in 2007 to 38,447 jobs in 2012. In addition to the fiscal benefits
including increased sales tax, utility tax and property tax that will be provided as a result of the
added residential and commercial uses, the potential for approximately 56 additional jobs that will
be created by this Specific Plan will improve the overall economic health of the City. The
additional jobs will be the result of the new commercial uses as no changes in employment are
anticipated at the two existing hotels with the adoption of this Specific Plan. The additional jobs
and increased tax base will contribute to the City's ability to provide high quality municipal
services to the benefit of the City's resident and business community. The addition of 263 housing
units will have a positive effect on the jobs/housing balance by increasing the number of housing
units in the City to support El Segundo's jobs rich environment.
Page 8 FEBRUARY2022
11. OVERVIEW OF THE SPECIFIC PLAN
A. PURPOSE AND AUTHORITY OF SPECIFIC PLAN
The purpose of this Specific Plan is to provide a foundation for the proposed land uses on the
subject property through the application of regulations, standards and design guidelines. The
Pacific Coast Commons Specific Plan provides text and exhibits which describe the proposed land
uses and associated guidelines.
This Specific Plan is adopted pursuant to Government Code §§ 65450 through 65457.
Pursuant to Government Code § 65451, a Specific Plan must include text and a diagram or
diagrams which specify all of the following in detail:
• The distribution, location, and extent of the uses of land, including open space
within the area covered by the plan.
• The proposed distribution, location, extent, and intensity of major components of
public and private transportation, sewage, water, drainage, solid waste disposal,
energy and other essential facilities proposed to be located within the land area
covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
• A program of implementation measures including regulations, programs, public
works projects and financing measures necessary to carry out the above items.
A discussion of the relationship of the Specific Plan to the General Plan.
A thorough review of the El Segundo General Plan shows that this Specific Plan is compatible and
consistent with the goals and policies outlined in the General Plan. This Specific Plan will further
the goals and policies of the General Plan as more fully described below.
This Specific Plan was prepared to provide the essential relationship between the policies of the
El Segundo General Plan and actual development in the Project area. By functioning as a
regulatory document, the Pacific Coast Commons Specific Plan provides a means of implementing
the City of El Segundo's General Plan. All future development plans and entitlements within the
Specific Plan boundaries must be consistent with the standards set forth in this document. The
Specific Plan is the sole regulatory document for development standards and design standards
except where explicit references are made to the El Segundo Municipal Code or where terms used
in this Specific Plan are defined in the El Segundo Municipal Code Section 15-1-6 and are not
defined herein.
Page 9 FEBRUARY2022
B. SPECIFIC PLAN SCOPE AND GOALS
The City of El Segundo is an employment -led community and accordingly, development has been
led by employment rather than housing growth. The Pacific Coast Commons Specific Plan will:
1) serve the mission of economic development in the City which is to create, maintain, and
implement a business climate that fosters a strong economic community; 2) provide opportunities
for new high -quality multiple -family housing (apartments and townhomes) that will increase
housing supply to meet the needs of El Segundo residents and employees in El Segundo's
expanding business community; 3) improve the jobs/housing balance by increasing housing
supply; 4) add affordable housing to the City; 5) provide benefits to air quality through the
reduction of greenhouse gas emissions by providing new housing in close proximity to jobs and
public transit; 6) enhance sustainability through the design of the development; and 7) maintain
the quality of life that has characterized El Segundo for more than one hundred years.
Permitted uses within the Specific Plan area will create both housing and job opportunities for the
residential and business community. The new commercial uses (restaurant, retail and office)
allowed by the Specific Plan will create a synergy with the existing hotels, the new multi -family
residential uses, and other existing commercial and industrial uses in the surrounding area. The
commercial uses will provide needed amenities for the residents of the multi -family residential
uses and the multi -family residential uses will support the growth of the surrounding commercial
businesses. The design of the project will provide a high -quality pedestrian environment that will
be compatible with the surrounding uses and create a sense of place for the surrounding
neighborhood. The development allowed under the Specific Plan will provide a basis for a positive
contribution to the maintenance and expansion of El Segundo's economic base as development
typically increases the City's business license taxes, increases the City's utility user taxes, and
increases the City's sales taxes. An increased economic base will provide the City with resources
to provide high -quality services to its residents and daytime population.
C. CONSISTENCY WITH THE GENERAL PLAN
The El Segundo General Plan provides the underlying fundamentals of the Pacific Coast Commons
Specific Plan, which serves both as a planning and regulatory document. The Specific Plan is the
document implementing the El Segundo General Plan for the Specific Plan area.
Proposed development plans, tentative maps, and any other development approvals must be
consistent with the Specific Plan. Projects consistent with this Specific Plan will be automatically
deemed consistent with the General Plan.
Concurrent with the adoption of the Pacific Coast Commons Specific Plan the City also processed
a General Plan Amendment that changes the Land Use Designation from General Commercial for
the block bounded by Pacific Coast Highway, Mariposa Avenue, Indiana Street, and Holly Avenue
to the Pacific Coast Commons Specific Plan and from Parking for the remaining parcels to the
Pacific Coast Commons Specific Plan with an accompanying Land Use map change. The Specific
Plan is therefore consistent with the General Plan of the City of El Segundo. More specifically, the
Specific Plan directly implements or furthers the intent of the following goals, objectives and
policies of the General Plan:
Page 10 FEBRUARY2022
ECONOMIC, DEVELOPMENT ELEMENT
Goal ED I: To create in El Segundo a strong, healthy economic community in which all
diverse stakeholders may benefit.
Objective EDI -1 To build support and cooperation among the City of El Segundo
and its business and residential communities for the mutual
benefits derived from the maintenance and expansion of El
Segundo's economic base.
Policy ED 1-1.1: Maintain economic development as one of the City's and the
business and residential communities' top priorities.
Policy ED 1-2.1: Seek to expand El Segundo's retail and commercial base so that
the diverse needs of the City's business and residential
communities are met.
Policy ED1-2.2: Maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life
goals.
LAND USE ELEMENT
Policy LU 1-5.8: Innovative land development and design techniques as well as
new materials and construction methods should be encouraged.
Goal LU3: Promote the health, safety, and well-being of the people of El Segundo by
adopting standards for the proper balance, relationship, and distribution of
the residential land uses.
Objective L U3-1: Preserve, protect, and extend, if possible, existing Single -
Family Residential uses.
Policy LU3-2.1: Promote construction of high quality Multi -Family Residential
development with ample open space, leisure and recreational
facilities.
Policy LU3-2.2: Multi -family development will be located only in appropriate
places and evaluated carefully to insure that these
developments are not detrimental to the existing single-family
character.
Objective LU3-3.1: Adopt and enforce recreational area requirements for large
multiple unit developments.
Page I FEBRUARY2022
Goal LU4: Provide a stable tax base for the City through development of new commercial
uses, primarily within a mixed -use environment, without adversely affecting
the viability of Downtown.
Objective LU4-1: Promote the development of high quality retail facilities in
proximity to major employment centers.
Policy LU4-1.1: Require landscaping, its maintenance, and permanent upkeep
on all new commercial developments.
Policy LU4-1.2: All commercial facilities shall be built and maintained in
accordance with Health and Safety Code requirements and shall
meet seismic safety regulations and environmental regulations.
Policy LU4-1.4 New commercial developments shall meet seismic safety
standards and regulations, as well as comply with all noise, air
quality, water and environmental regulations.
Objective LU4-4.- Provide areas where development has the flexibility to mix
uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
Policy LU4-4.6: Promote mixed -use development near transit nodes and
encourage modes of transportation that do not require an
automobile.
Goal LU7: Provide the highest quality public facilities, services, and public infrastructure
possible to the community.
Policy LU7-1.2: No new development shall be allowed unless adequate public
facilities are in place or provided for.
Policy LU7-2.3: All new development shall place utilities underground.
CIRCULATION ELEMENT
Goal Cl: Provide a safe, convenient, and cost-effective circulation system to serve the
present and future circulation needs of the El Segundo community.
Objective CI-1: Provide a roadway system that accommodates the City's
existing and project land use and circulation needs.
Policy C1-1.8: Provide all residential, commercial, and industrial areas with
Page 12 FEBRUARY2022
efficient and safe access to the major regional transportation
facilities.
Policy C 1-1.9: Provide all residential, commercial, and industrial areas with
efficient and safe access for emergency vehicles.
Policy C1-1.14: Require a full evaluation of potential traffic impacts associated
with proposed new developments prior to project approval.
Further require the implementation of appropriate mitigation
measures prior to, or in conjunction with project development.
Mitigation measures may include new roadway links on
segments that would connect the new development to the
existing roadway system, intersection improvements, and other
measures. Mitigation measures shall be provided by or paid for
by the project developer.
Objective CI -3.• Ensure that the City's Master Plan Truck Route System
efficiently serves the shipping needs of the commercial and
industrial land uses in El Segundo while balancing potential
conflicts with residential and recreation land uses throughout
the City.
Policy C 1-3.2: Ensure that the development review process incorporates
consideration of off-street commercial loading requirements for
all new projects.
Objective C2-1: Provide a pedestrian circulation system to support and
encourage walking as a safe and convenient travel mode within
the City's circulation system.
Policy C2-1.6: Encourage shopping areas to design their facilities for ease of
pedestrian access.
Policy C2-1.7: Closely monitor design practices to ensure a clear pedestrian
walking area by minimizing obstructions, especially in the
vicinity of intersections.
Objective C2-2: Provide a bikeway system throughout the City to support and
encourage the use of the bicycle as a safe and convenient travel
mode within the City's circulation system.
Policy C2-2.1: Implement the recommendations on the Bicycle Master Plan
contained in the Circulation Element, as the availability arises;
i.e., through development, private grants, signing of shared
routes.
Page 13 FEBRUARY2022
Policy C2-2.2: Encourage new development to provide facilities for bicyclists
to park and store their bicycles and provide shower and clothes
changing facilities at or close to the bicyclist's work
destination.
Policy C2-5.1: Ensure that Transportation Demand Management (TDM)
measures are considered during the evaluation of new
developments within the City, including but not limited to
ridesharing, carpooling and vanpooling, flexible work
schedules, telecommuting and car/vanpool preferential
parking.
Policy C3-1.8: Require the provision of adequate pedestrian and bicycle access
for new development projects through the development review
process.
Policy C3-2.1: Ensure the provision of sufficient on -site parking in all new
development.
HOUSING ELEMENT
Goal 3: Provide opportunities for new housing construction in a variety of locations
and a variety of densities in accordance with the land use designations and
policies in the Land Use Element.
OPEN SPACE AND RECREATION ELEMENT
Goal OS1: Provide and maintain high quality open space and recreational facilities that
meet the needs of the existing and future residents and employees within the
City of El Segundo.
CONSERVATION ELEMENT
Policy CN2-5: Require new construction and development to install water -
conserving fixtures and appliances to reduce the amount of new
demand.
Policy CN2-7: Require new construction and development to incorporate the
principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Policy CN2-8: Encourage the retrofitting of existing landscapes to incorporate
the principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Page 14 FEBRUARY2022
Policy CN2-11: Encourage, whenever appropriate and feasible, development
techniques which minimize surface run-off and allow
replenishment of soil moisture. Such techniques may include,
but not be limited to, the on -site use and retention of storm
water, the use of pervious paving material (such as walk -on -
bark, pea gravel, and cobble mulches), the preservation of
vegetative covers, and efficiently designed and managed
irrigation systems.
AIR QUALITY ELEMENT
Goal AQ3: Vehicle work trip reduction for private employees.
Objective AQ-3-1: Increase the proportion of work trips made by transit.
Goal AQ12: Reduction in Residential, Commercial, and Industrial Energy Consumption.
Objective AQ-12-1: Enact the recommendations of the AQMP Energy Working
Group for commercial and residential buildings and adopt
ordinances to mitigate air quality impacts from water and pool
heating systems.
Policy AQ-12-1.2: It is the policy of the City of El Segundo that the City encourage
the incorporation of energy conservation features in the design
of new projects and the installation of conservation devices in
existing developments.
NOISE ELEMENT
Goal N1: Encourage a high quality environment within all parts of the City of El
Segundo where the public's health, safety, and welfare are not adversely
affected by excessive noise.
Objective NI -1 It is the objective of the City of El Segundo to ensure that City
residents are not exposed to mobile noise levels in excess of the
interior and exterior noise standards or the single event noise
standards specified in the El Segundo Municipal Code.
Objective N1-2. It is the objective of the City of El Segundo to ensure that City
residents are not exposed to stationary noise levels in excess of
El Segundo's Noise Ordinance standards.
Policy N1-2.1: Require all new projects to meet the City's Noise Ordinance
Standards as a condition of building permit approval.
Page 15 FEBRUARY2022
Program N1-2.1A: Address noise impacts in all environmental documents for
discretionary approval projects, to insure that noise sources
meet City Noise Ordinance standards. These sources may
include mechanical or electrical equipment, truck loading
areas, or outdoor speaker systems.
PUBLIC SAFETY ELEMENT
Goal PSI: Protect the public health and safety and minimize the social and economic
impacts associated with geologic hazards.
Objective PSI -1:
It is the objective of the City of El Segundo to reduce exposure
to potentially hazardous geological conditions through land
use planning and project review.
Policy PSI-1.1:
Continue to review proposals for new development and for the
expansion of existing development in areas of potential
geological hazards.
Program PSI-1.1A: The City shall review projects to ensure that slope design
considers the potential effects of high rainfall, private sewage
systems, landscaping irrigation, and possible runoff from
adjacent future development.
Policy PSI-1.2:
Enforce, monitor and improve development standards which
place the responsibility on the developer, with advice from
qualified engineers and geologists, to develop and implement
adequate mitigation measures as conditions for project
approval.
Program PSI-1.2A:
The City shall review projects to ensure that adequate
geotechnical investigation has been completed in areas
susceptible to land sliding and debris flows and in areas where
collapsible or expansive soils occur, and to approve only those
which mitigate these hazards to the satisfaction of the City
Engineer.
Policy PS2-1.2:
The City shall assist in the prevention of structural damage in
areas with a high potential for liquefaction, landslides, and
mudslides by requiring geotechnical studies for new
development to mitigate potential impacts.
Goal PS6: A fire safe community.
Objective PS6-1: It is the objective of the City of El Segundo that the City
minimize threats to public safety and protect property from
Page 16 FEBRUARY2022
wildland and urban fires.
Policy PS6-1.1: Review projects and development proposals, and upgrade fire
prevention standards and mitigation measures in areas of high
urban fire hazard.
Policy PS6-1.2: Continue efforts to reduce fire hazards associated with older
buildings, high-rise buildings, and fire -prone industrial
facilities, and maintain adequate fire protection in all areas of
the City. Review projects and development proposals, and
upgrade fire prevention standards and mitigation measures in
areas of high urban fire hazard.
Program PS6-1.2C: The City shall continue to require that all property be
maintained in compliance with the fire code.
Goal PS7: Protect public health, safety, and welfare, and minimize loss of life, injury,
property damage, and disruption of vital services, resulting from earthquakes,
hazardous material incidents, and other natural and man-made disasters.
D. ENTITLEMENTS
The following entitlements are required in conjunction with this Specific Plan (SP No. 19-01):
Environmental Assessment No. EA-1248 for the proposed mixed -use development
that will add 263 housing units, approximately 11,250 square feet of commercial
uses (comprised of retail, restaurant and hotel support based office uses), and 1,727
square feet of commercial floor area that cannot be occupied by commercial
businesses, and three parking structures to provide parking for the uses in the
Specific Plan area.
General Plan Amendment No. GPA 19-01 to change the land use designation from
"General Commercial" and "Parking" to "Pacific Coast Commons Specific Plan
(PCCSP)" with an accompanying Land Use map change.
Zone Text Amendment No. ZTA 19-08 to add a new ESMC § 15-3-2(A)(12)
"Pacific Coast Commons Specific Plan (PCCSP)."
Zone Change No. ZC 19-01 to rezone the property from "General Commercial (C-
3)" and "Parking (P)" to "Pacific Coast Commons Specific Plan (PCCSP)" and an
accompanying Zoning map change.
' This commercial floor area is located in the Fairfield Parking Site and is comprised of lobby area and access
to the multiple levels of the parking structure and any central circulation areas such as hallway access from the rear of
commercial businesses to the lobby and parking structure that is not usable floor area located within those commercial
businesses. This square footage is labeled as lobby area in Table III -II in this Plan.
Page 17 FEBRUARY 2022
Development Agreement No. DA 19-02 between the City of El Segundo and BRE
El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and
BRE El Segundo Parking LLC.
Vesting Tentative Tract Map No. (VTTM 82806) SUB 19-03 — for merger,
subdivision and residential/commercial condominium purposes reconfiguring 3
parcels (comprised of 12 existing lots) on the block bounded by Pacific Coast
Highway, Mariposa Avenue, Indiana Street and Holly Avenue and 3 parcels
(comprised of portions of 4 existing lots) on the block north of Mariposa Avenue
and south of Palm Avenue in the Specific Plan Area into 6 new individual lots.
Additionally, the Vesting Tentative Tract Map No. 82806 will allow: a) 1
residential ground and airspace parcel for 120 apartments and a maximum of 10
airspace parcels for commercial condominiums on Lot 1; b) a ground and airspace
parcel for the parking structure and up to a maximum of 10 airspace parcels for
commercial condominiums on Lot 4; and c) 1 residential ground and airspace parcel
for 137 apartments and up to a maximum of 20 airspace parcels for commercial
condominiums on Lot 5; and d) 6 residential condominiums (townhomes) on Lot
6.
• Site Plan Review No. SPR 19-01 to allow the site plan and architectural design to
construct the mixed -use commercial and residential development for the 263
residential units, 11,252 square feet of new commercial development, 1,727 square
feet of commercial floor area that cannot be occupied by commercial businesses2,
and 3 parking structures.
• Modification of Resolution Nos. 2759 and 2760 to rescind the previous approvals
SUB No. 14-05, Lot -Tie Covenant No. 14-03, Off -site Parking Covenant Nos.
MISC 14-03 and 14-06, leaving in place CUP No. 14-01 for the Fairfield Inn and
Suites Hotel and CUP No. 14-02 for the Aloft Hotel, along with alcohol service at
both hotels with modifications to the conditions of approval accordingly.
• Parking Demand Study and Shared Parking Analysis to establish the parking
requirements for the proposed commercial and residential development combined
with the existing hotel development.
Shared Parking Agreement in conjunction with the Parking Demand Study and
Shared Parking Analysis, to replace the previous approval of Off -Site Parking
Covenant Nos. MISC 14-03 and MISC 14-06.
• Reciprocal Access Agreements for driveways and drive aisles accessing multiple
parcels.
2 This commercial floor area is located in the Fairfield Parking Site and is comprised of lobby area and access
to the multiple levels of the parking structure and any central circulation areas such as hallway access from the rear of
commercial businesses to the lobby and parking structure that is not usable floor area located within those commercial
businesses. This square footage is labeled as lobby area in Table III -II in this Plan.
Page 18 FEBRUARY2022
Street dedication waiver requests for a portion of the dedication requirements for
the south side of Mariposa Avenue and for a portion of the dedication requirements
for the east side of Indiana Street.
Findings justifying the General Plan Amendment and Zone Change include:
The primary objective of the Specific Plan is to provide for superior, more
comprehensive site planning of the Specific Plan area and zoning standards that
address the needs of the unique master planned site that will maintain the existing
hotel uses and construct new mixed -use multiple -family residential and commercial
neighborhood serving uses in three phases.
2. Uses permitted within the Specific Plan area are consistent with the proposed
zoning and are compatible with adjacent uses.
3. The Specific Plan will provide for additional housing opportunities in a variety of
housing sizes, types and densities in support of the goals of the Housing Element
of the General Plan.
E. EXISTING LAND USES
The City of El Segundo has distinctive land use patterns, which are divided into four quadrants by
the intersection of Pacific Coast Highway and El Segundo Boulevard. Compatibility of an
individual land use is determined mainly by its relationship to other uses within its quadrant. The
Pacific Coast Commons Specific Plan area is located in the northwestern quadrant of the City of
El Segundo, which is west of Pacific Coast Highway and north of El Segundo Boulevard. The
design and implementation of this Specific Plan relate directly to its position within this larger
context.
The Pacific Coast Commons Specific Plan is located in the northwest quadrant of the City. The
northwest quadrant of the City has the most varied mix of uses within the City. All of the City's
residential units, the Downtown area, the Civic Center, the commercial uses and hotel uses along
the west side of the Pacific Coast Highway corridor and the industrial area of Smoky Hollow, are
located in this quadrant.
The northeast quadrant of the City lies east across Pacific Coast Highway and north of El Segundo
Boulevard. It consists primarily of corporate office and urban mixed uses which allow for office
and commercial uses. The southwest quadrant of the City lies south of El Segundo Boulevard and
west of Pacific Coast Highway. It consists primarily of an oil refinery/heavy industrial use. The
southeast quadrant of the City lies south of El Segundo Boulevard and east of Pacific Coast
Highway. It consists primarily of the light industrial land use category which allows a mixture of
industrial and office uses. This quadrant also contains a commercial region which is home to the
retail developments of Plaza El Segundo and the Point, which are both lifestyle commercial retail
shopping centers that total approximately 500,000 square feet and the Lakes Municipal Golf
Course. A Multimedia Overlay Zone overlies both the southeast and northeast quadrants of the
City.
Page 19 FEBRUARY2022
Before the adoption of the Pacific Coast Commons Specific Plan (PCCSP) the property was
designated as General Commercial and Parking in the General Plan Land Use Element with
General Commercial (C-3) and Parking (P) zoning.
Adjacent land uses include the following:
North: The adjacent land uses to the north include: a fast food restaurant, a vacant
restaurant and parking lot, and multi -family residential uses. A gas station is
located on the northwest corner of Mariposa Avenue and Pacific Coast
Highway which is north of the superblock that contains the two existing hotels
and south east of the parking lot for the Fairfield Inn and Suites Hotel located
along Pacific Coast Highway between Mariposa and Palm Avenues. A fast-
food restaurant, Carl's Jr., is located northeast of the same parking lot. Carl's
Jr. is located at the southwest corner of Pacific Coast Highway and Palm
Avenue.
East; The adjacent land uses to the east across Pacific Coast Highway include: a
property with restaurants and office uses, a Ralphs market, two commercial
shopping centers with retail and restaurant uses, and a 6- story office building.
South: The adjacent land uses to the south of Holly Avenue include a small commercial
shopping center with a drug store, bank, two restaurants and retail store.
West: The adjacent land uses to the west include multi -family residential uses.
Page 20 FEBRUARY2022
111. LAND USE PLAN
The Pacific Coast Commons Specific Plan encompasses 6.38 gross acres of existing developable
area that includes the "superblock" bounded by Pacific Coast Highway, Mariposa Avenue, Holly
Avenue and Indiana Street and a portion of the block to the north of the "superblock" that has
frontage on Pacific Coast Highway, Mariposa Avenue to the south, and Palm Avenue to the north,
see Exhibit 5, Land Use Plan, and Exhibit 6, Conceptual Site Plan. The Pacific Coast Commons
Specific Plan ("PCCSP") has 5 land use districts within the plan boundary which is discussed in
detail below.
Table III-1 provides a Land Use Summary with the square footage of the new development and the
existing development. Table III -II provides greater detail of the project development scenario with
the uses on each Parcel (per the Vesting Tentative Map), the acreage of the parcel, the building
area (gross and net), and the FAR.
The existing Aloft Hotel will remain. Two of the three buildings that comprise the existing
Fairfield Inn & Suites Hotel will remain. The 41,660 square -foot, 2-story building at the southwest
corner of Pacific Coast Highway and Mariposa Avenue commonly called the "Food and Beverage"
building (primarily comprised of conference/meeting rooms and restaurant space) will be
demolished and replaced with a parking structure that contains parking primarily for the Fairfield
Inn and Suites Hotel and 3,273 gross square feet of new commercial uses at the front of the
structure. Access to the parking structure occurs primarily from an existing driveway on Pacific
Coast Highway.
The existing parking lot located at the south end of the PCCSP bounded by Holly Street to the
south, Indiana Street to the west, Pacific Coast Highway to the east and the Aloft Hotel to the north
will be replaced with new development. The new development will be a residential/commercial
mixed -use project with a parking structure integrated into the building design. The new building
will include 120 residential units (apartments) and 5,756 gross square feet of commercial uses.
The parking structure will have access from existing driveways on Pacific Coast Highway and
Indiana Street.
The existing northern parking lot that is on the block north of the Fairfield Inn and Suites Hotel
with frontage on Pacific Coast Highway, bounded by Mariposa Avenue to the south and Palm
Avenue to the north will be replaced with new development. The new residential/commercial
mixed -use project will include 137 residential units (apartments) and 2,223 gross square feet of
new commercial development. It will have a parking structure integrated into the building design
with access to the structure from existing driveways on both Mariposa and Palm Avenues. The
north parking lot site will also include 6 townhomes which are located directly west of the Carl's
Jr. restaurant and south of Palm Avenue.
A. DEVELOPMENT CONCEPT
The Specific Plan establishes the general type, parameters and character of the development in
order to develop an integrated Project area that is also compatible with and complements the
surrounding area. The proximity of the Specific Plan Area to other residential and commercial
Page 21 FEBRUARY2022
uses, freeways, major arterials, and the Metro Rail makes it an appropriate and attractive location
for a residential/commercial mixed -use development that provides both housing and facilitates
economic development in El Segundo.
The Pacific Coast Commons Specific Plan development concept provides a transition from the
multi -family neighborhoods to the west and the large-scale commercial uses to the east of Pacific
Coast Highway. The Pacific Coast Commons Specific Plan provides for both the maintenance of
both the existing Aloft hotel and the Fairfield Inn and Suites hotel within the Specific Plan
boundaries with the addition of new mixed -use residential/commercial development to
complement the hotel uses and to provide compatible uses to the surrounding neighborhood. The
development will include 3 parking structures incorporated into the development to provide both
replacement parking for the hotels from the loss of surface parking as well as provide parking for
new uses.
On an overall basis, the maximum development potential within the 6.23-acre (post dedications)
Specific Plan is based upon an average floor area ratio (FAR) of 2.15. A 2.15 FAR results in a
maximum development intensity of 622,398 gross square feet. The 622,398 gross square feet
includes 282,398 gross square feet of existing development that will remain and 340,000 gross
square feet of new square footage of residential and commercial uses combined. The floor area
ratio varies in each of the 5 land use districts that range from a minimum of 0.16 to a maximum of
2.70 based upon how the uses are configured combined with the nonconforming conditions for the
two existing hotels (see Table III -III).
Residential uses are proposed in 2 of the 5 land use districts, namely the PCC Mixed -Use 1 (PCC
MU-1) district at the southern end of the Specific Plan area and the PCC Mixed -Use 2 (PCC MU-
2) district at the northern end of the Specific Plan area. There are 120 dwelling units (apartments)
in the PCC MU-1 land use district and 143 dwelling units in the PCC MU-2 land use district
comprised of 137 apartments and 6 townhomes. The density in the PCC MU-1 land use district is
approximately 97 dwelling units to the acre (96.67 dwelling units to the acre based upon 54,072
square feet of land area) and the density in the PCC MU-2 land use district is approximately 80
units to the acre (79.17 dwelling units to the acre based upon 78,686 square feet of land area). The
average density of the two land use districts combined is 86.31 units to the acre and the average
density within the entire Specific Plan area is 42.22 units to the acre. If the land area of either PCC
Mixed -Use 1 or PCC Mixed -Use 2 is reduced, the number of dwelling units to the acre would
increase accordingly.
The Pacific Coast Commons Specific Plan allows affordable housing and provides reduced
requirements for parking in the Development Standards Chapter of this Specific Plan. The 263
residential units permitted in this Specific Plan including affordable housing units will contribute
significantly to the City's housing allocation requirements specified in the Regional Housing
Needs Assessment (RHNA) established by State law.
B. LAND USE PLAN
The Pacific Coast Commons Specific Plan is based upon the following land uses (refer to Exhibit
5, Land Use Plan):
Page 22 FEBRUARY2022
1. PCC Mixed -Use 1 (PCC MU-1)
The PCC Mixed -Use 1 (PCC MU-1) land use designation is located on the southernmost
parcel with frontage on Pacific Coast Highway, Holly Avenue and Indiana Street, totaling
1.242 net acres (the developable portion of the proposed parcel after dedication of right-
of-way). It is both a corner parcel and a through lot. The PCC MU-1 area allows for
multiple -family residential uses (apartments) and several commercial uses. The specific
residential and commercial uses are limited in this land use category as specified in the
Specific Plan's development regulations. The parcel that contains the PCC Mixed -Use 1
(PCC MU-1) land use district currently contains the parking lot for the Aloft hotel that is
located on the adjacent parcel, as shown in the conceptual site plan in Exhibit 6, Conceptual
Site Plan.
2. PCC Commercial-1 (PCC COM-1)
The Commercial-1 (COM-1) land use designation is located on the parcel to the north of
the PCC Mixed -Use 1 (PCC MU-1) land use designation with frontage on both Pacific
Coast Highway and Indiana Street (it is a through lot). The PCC Commercial-1 (PCC
COM-1) land use category totals 0.905 net acres (the developable portion of the proposed
parcel after dedication of right-of-way). The PCC Commercial-1 (PCC COM-1) area
allows hotels and several other commercial uses that are either accessory to hotel uses or
complementary uses. The specific commercial uses in this land use category are specified
in the Specific Plan's development regulations. The parcel currently contains the existing
Aloft Hotel which will remain, as shown in the conceptual site plan in Exhibit 6,
Conceptual Site Plan.
3. PCC Commercial-2 (PCC COM-2)
The PCC Commercial-2 (PCC COM-2) land use designation is located on the parcel to the
north of the PCC Commercial-1 (PCC COM-1) land use designation with frontage on both
Pacific Coast Highway and Indiana Street (it is a through lot). The PCC Commercial-2
(PCC COM-2) land use category totals 1.549 net acres (the developable portion of the
proposed parcel after dedication of right-of-way). The PCC Commercial-2 (PCC COM-2)
area allows hotels and several other commercial uses that are either accessory to hotel uses
or complementary uses. The permitted commercial uses in this land use category are
specified in the Specific Plan's development regulations. The parcel currently contains the
existing Fairfield Inn and Suites hotel (3 buildings) which will remain, as shown in the
conceptual site plan in Exhibit 6, Conceptual Site Plan. One of the three existing buildings
known as the "Food and Beverage" building which is partially located in the PCC COM-2
land use district and partially located in the PCC COM-3 land use district will be
demolished.
4. PCC Commercial-3 (PCC COM-3)
The PCC Commercial-3 (PCC COM-3) land use designation is located on the parcel to the
Page 23 FEBRUARY2022
north of the PCC Commercial-2 (PCC COM-2) land use designation with frontage on
Pacific Coast Highway, Mariposa Avenue, and Indiana Street (it is a through lot). The
PCC Commercial-3 (PCC COM-3) land use category totals 0.728 net acres (the
developable portion of the proposed parcel after dedication of right-of-way). The PCC
Commercial-3 (PCC COM-3) area allows hotels and several other commercial uses that
are either accessory to hotel uses or complementary uses. The specific commercial uses in
this land use category are specified in the Specific Plan's development regulations. The
parcel currently contains the existing Fairfield Inn and Suites hotel food and beverage
building that will be demolished and replaced with other commercial uses and a parking
structure, as shown in the conceptual site plan in Exhibit 6, Conceptual Site Plan.
5. PCC Mixed -Use 2 (PCC MU-2)
The PCC Mixed -Use 2 (PCC MU-2) land use designation is located on the northernmost
parcel with frontage on Pacific Coast Highway, Mariposa Avenue and Palm Avenue,
totaling 1.806 net acres (the developable portion of the proposed parcels after dedication
of right-of-way). The PCC MU-2 area allows for multiple -family residential (apartments
and condominiums) and several commercial uses. The specific residential and commercial
uses are limited in this land use category as specified in the Specific Plan's development
regulations. The parcel currently contains a parking lot that provides parking for the
Fairfield Inn and Suites. The parking lot will be demolished and replaced with multiple -
family residential uses (a mix of apartments and townhomes) and commercial uses, as
shown in the conceptual site plan in Exhibit 6, Conceptual Site Plan. The PCC Mixed -Use
2 (PCC MU-2) land use district is proposed to be comprised of 2 parcels as shown in the
Vesting Tentative Map with one parcel containing 137 multiple family residential units
(apartments) and commercial uses. The other parcel contains 6 townhomes (condominium
units).
Table III-1, Land Use Summary -Project Development Scenario, and Table III -II, Land Uses -
Project Development Scenario, show the anticipated project development scenario for the
implementation of the uses and standards of this Specific Plan based upon the Conceptual Site
Plan shown in Exhibit 6, Conceptual Site Plan and the Vesting Tentative Map shown in Exhibit
7A, Vesting Tentative Map No. 82806. An additional exhibit is provided for greater clarity of
existing and proposed lot configuration conditions which is also provided in Exhibit 713, Existing
and Proposed Lot Configuration Diagram. Table III -III, Land Use Summary -Specific Plan
Scenario shows the maximum allowable floor area for each of the 5 land use districts.
Page 24 FEBRUARY2022
Table III-1
Land Use Summary — Project Development Scenario
New Development
Multi -family Residential (Apartments)
136,571
1410,794
(120 dwelling units in the PCC MU-1
District)
Multi -family Residential (Apartments)
159,062
163,472
(137 dwelling units in the PCC MU-2
District
Multi -family Residential (Townhomes
9,540
10,344
/Condominiums) (6 dwelling units in
the PCC MU-2 District)
Commercial uses (PCC MU-1
5,583
5,756
District)
Commercial uses (PCC COM-3
4,345
4,479
District)
Commercial uses (PCC MU-2
2,156
2,223
District)
Subtotal New Development
317,257
327,068
Existing Development
Hotel (Aloft)
98,741 �
106,747
�-------.....
Hotel Fairfield Inn and Suites_
I 190,026
217,311
Subtotal ExistingDevelopment
288,767
324,058
Existing Development To Be
- 36,605
- 41,660
Demolished (Fairfield Inn and Suites
"Food and Beverage" Buildin
Subtotal Existing Development
25Z162
282,398
After Demolition of "Food and
Beverage" Building
Total Site Development
569,419
609,466
Page 25 FEBRUARY2022
Table III -II
Land Uses - Project Development Scenario
..
PCC Mixed -Use 1 (PCC MU-1))
Multiple -family
1 Residential (120
136,571
140,794
apartments)
1 Commercial Uses
5,583
5,756
1 Parkin S tructure
-
Subtotal
1.242 (54,072
square feet)
142,154 :tl4:6,51502.63
PCC Commercial-1 (PCC COM-1)�
2 Commercial -
98,741
106,747
..
g (Aloft)
...... ..-. ......._. _ Existing Hotel _...._..
_-----_.
_
Subtotal
0,905 (39,425
square feet)
98,741
106,747
2.51
PCC Commercial-2 PCC COM-2
Commercial -Existing
3 Hotel (Fairfield Inn
190,026
217,311
-
and Suites
Existing Hotel
4 (Fairfield Inn & Suites
-36,605
-41,660
-Food & Beverage
Building)
Subtotal
1.549 (67,487
square feet)
153,421
175,651
2.28
PCC Commercial-3 (PCC COM-3)
4 Commercial Uses
3,175
3,273
4 Parking structure/
1,170
1,206
lobby
Subtotal
_. ..� ...._.
0.728 (31,693
_- square feet)
4,345
4,479
.........
0.14
_.-.....-..
PCC Mixed -Use 2 (PCC MU-2)
Multiple -family
5 Residential (137
159,062
163,472
apartments)
5 Commercial Uses
2,156
2,223
5 Parking Structure
Multiple -family
6 Residential (6
9,540
10,344
-
townhomes
Subtotal
1.806 (78,686
square feet)
170,758
176,039
2.24
TOTAL DEVELOPMENT
6.23 (271,363
569,419
609,466
2.15
square feet)
Acreage is based upon net acreage post dedications.
Total allowable intensity per the Specific Plan is capped at
622,398 gross square feet (both existing and new development combined),
FAR calculation is based upon net floor area and developable lot area, See Chapter VI for definitions of gross and net floor area,
Page 26 FEBRUARY2022
Table III -III
Land Use Summary — Specific Plan Scenario
f
®
® l
PCC Mixed-Use-1 (PCC MU-
w
145,500
150,000
2.70
1
PCC Commercial-1 (PCC
98,741
106,747
2.51
COM-1)
_ _....
.. .........
.... ...(...
PCC Commercial-2 PCC
153,421
175,651
2.28
COM-2)
PCC Commercial-3 (PCC
4,850
5,000
0.16
COM-3)
.........
PCC Mixed-Use-2 (PCC MU-
179,450
185,000
2.29
2!.
......... ........
-.— ----- .
.._.._ ........_
Total Development (New +
581,962
622,398
2.15
Existing)
Page 27 FEBRUARY2022
PCC Mixed-Use-1
PCC Commercial-1�
PCC Commercial-2
PCC Commercial-3
PCC Mixed-Use-2
EXHIBIT 5
LAND USE PLAN
Page 28 FEBRUARY2022
W -, "irtk
"""--,M0L-LrAVE
. ... ..... .
EXHIBIT 6
CONCEPTUAL SITE PLAN
Page 29 FEBRUARY2022
SHEET20F3
EXHIBIT 7A
VESTING TENTATIVE MAP # 82806
(EXISTING CONDITIONS)
(Source: KPFF)
Page 30 FEBRUARY2022
VESTING TENTATIVE TRACT MAP No. 82890
PROPOSED CONDITIONS
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INGROW STREET
cu
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SHEET 30F3
EXHIBIT 7A
VESTING TENTATIVE MAP # 82806
(PROPOSED CONDITIONS)
(Source: KPFF)
Page 31 FEBRUARY2022
ri PALM AVENUE
Cn
z EXISTING AID PROPOSED
G) PROPERTY LINE (TYP.)
0
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ELM AVENUE
EXISTING PARCEL
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NORTHERLY LINE
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PARCEL 2
HOLLY AVENUE
EXHIBIT 713
EXISTING AND PROPOSED FINAL LOT CONFIGURATION DIAGRAM
(Source: KPFF)
Page 32 FEBRUARY2022
C. PHASING
Construction of the new development areas would occur in three phases. The first phase of
construction would occur in the PCC Commercial-3 (PCC COM-3) land use district at the Fairfield
Parking Site/Area 4. The second phase of construction would consist of the South Site/Area 1
development in the PCC Mixed -Use 1 (PCC MU-1) land use district. The third phase of
construction would consist of the North Site/Area 5 development in the PCC Mixed -Use 2 (PCC
MU-2) land use district. It is currently anticipated that these phases will occur sequentially and if
so, are anticipated to be completed within 4 1/2 years of EIR certification and project approval.
However, if the second and third phases of development occur concurrently, construction is
anticipated to be completed within 2 years and 8 months of EIR certification and project approval.
D. CIRCULATION PLAN
Regionally, the Specific Plan site is accessible from the San Diego freeway (405), Century
Freeway (105), the Metro Green Line, multiple bus lines, and the major arterial Pacific Coast
Highway. No public rights -of -way are proposed within the boundaries of the Specific Plan.
However, the Specific Plan site has several vehicular access points off four of the streets
surrounding the Specific Plan area including Pacific Coast Highway, Mariposa Avenue, Indiana
Street and Palm Avenue. The development of the Specific Plan will facilitate on -site circulation
and parking. Access will be provided for emergency vehicles to Area 5 in the PCC Mixed -Use 2
(PCC MU-2) land use district via the two vehicle access points to the fire lane from Mariposa and
Palm Avenues. Development within the Specific Plan site will provide infrastructure and facilitate
access for various modes of travel including automobiles, bicycles, and pedestrians. Pedestrian
and handicap access will be provided between buildings and to public sidewalks on the five street
frontages along the site.
VEHICULAR CIRCULATION
The proposed street dedications and street dedication waivers discussed in the sections below are
depicted in Exhibit 7C, Conceptual Street Dedication Plan.
Pacific Coast Hi. bw Pacific Coast Highway is an existing public major arterial street that
abuts the property on its eastern edge. No additional right-of-way improvements are required as a
result of the development allowed in the Specific Plan. No additional curb cuts besides the three
existing curb cuts that provide access and circulation to the two existing hotels may be allowed
along Pacific Coast Highway in the Specific Plan area. The two existing driveways that access
the north parking lot at 629 North Pacific Coast Highway will be removed.
Marillosa Avenue. Mariposa Avenue is an existing public 2-lane collector street that abuts the
property between the northern and southern blocks of the Specific Plan area. Some additional
right-of-way improvements are required as a result of the development allowed in the Specific
Plan. A waiver request was granted for a portion of the street dedication requirements on the south
side of Mariposa Avenue. No additional curb cuts besides the one existing curb cut on the north
side of the street (which also serves as a fire lane) may be allowed along the north side of
Page 33 FEBRUARY2022
PALM AVENUE
—tv 7.7
z
PRO'0(M PROPERTY
LINE
NOT A PART
m
m
SOUTHERLY LINE OF
ELM AVENUEPROPOSED
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NORTHERLY LINE OF
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MARIPOSA AVENUE
4
r7
4 0
0 110' 220'
PROPOSED PROPERTY
4.0' o i�
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PROPOSED FUTURE
. 6 I
RIGHT-TkR4 ONLYLANE
PROPOSED PROPERTY L I NE
LE�QSED�L< T 4
SCALE; 1"=220'
PROPOSED LOT 3
LINETYPES
172.1
DEVELOPABLE
K5 mCENTERUNE
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PROPERTY LINE
LIMITS
�E n
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— — — — — — —
PROPOSED LOT UNE _1 I
LINE X
PROPERTY
LINE
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RIGHT-OF-WAY
m
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PINE AVEtj4UE PR, Opo SED LOT 21
<
'0
NET AREA (POST -PROPOSED DEDICATIONS,
DEVELOPABLE PROPERTY1 ro
NET AREA POST -PROPOSED DEDICATIONS, DEVELOPABLE PROPERTY)
PROPOSED LOT 1 54,072 SO, FT. OR 1.241 ACRES PR P s
PROPOSED LOT 2 .39,425 % Fl. OR 0.905 ACRES PCOPOSED
LOT
PROPOSED LOT 3 67,487 SO. FT. OR L549 ACRES
PROPOSED LOT 4 31,693 SO. FT. OR 0,728 ACRES
PROPOSED LOT $ 65,915 so. FT- OR tSI3 ACRES 4.0'
PROPOSED LOT 6 12,771 So. FT. OR O293 ACRES I
FROPOSED PROPERTY LINE
'PROPOSED LOT 4 AREA INCLUDES DEDUCTION OF APPROMMATELY
722 SO!, FT. FOR PROPOSED FUTURE RIGHT -TURN ONLY LANE
SUBJECT TO DESIGN AND APPROVAL BY THE CITY OF EL SEOJNDO,
HO4LLE
EXHIBIT 7C
CONCEPTUAL STREET DEDICATION PLAN
(Source: KPFF)
Page 34 FEBRUARY2022
Mariposa Avenue in the Specific Plan area. No curb cuts may be allowed along the south side of
Mariposa Avenue within the Specific Plan area.
Palm Avenue. Palm Avenue is an existing public local commercial/residential street that abuts the
property on its northern edge. Palm Avenue has been classified as a local commercial street for
the frontage of the Specific Plan area. Some additional right-of-way improvements are required
as a result of the development allowed in the Specific Plan. No additional curb cuts besides the
one existing curb cut (which also serves as a fire lane) may be allowed along Palm Avenue within
the Specific Plan area. Street dedication to expand the width of the public right-of-way will be
provided.
HoIl a Avenue. Holly Avenue is an existing public local commercial/residential street that abuts
the property on its southern edge. Holly Avenue is classified as a local commercial street for the
block fronting the Specific Plan area. Some additional right-of-way improvements are required as
a result of the development allowed in the Specific Plan. There are no existing curb cuts along
this block of Holly Avenue. No curb cuts may be allowed along Holly Avenue in the Specific
Plan area. Street dedication to expand the width of the public right-of-way will be provided.
Indiana Street. Indiana Street is an existing public local commercial/residential street that abuts
the property on its western edge. Some additional right-of-way improvements are required as a
result of the development allowed in the Specific Plan. The project includes dedication of 25 feet
of existing roadway and sidewalk (to the centerline of the street) to the City of El Segundo.
Currently, the roadway and sidewalk are privately owned and the City of El Segundo only has
easement rights. An additional dedication of 4 feet will be provided on the east side of the street
along the frontage of Proposed Lots 1 and 4 only. A waiver request was granted for a 3-foot
portion of the street dedication requirements to expand the right-of-way on the east side of the
street for the portions of the block where new development is proposed in the PCC COM-3 and a
the PCC MU-1 land use districts (along the frontage of proposed Lots 1 and 4). Additionally, a
waiver request was granted for a 7-foot portion of the street dedication requirements to expand the
right-of-way on the east side of the street for the portion of the block where existing development
is located in the PCC COM-1 and PCC COM-2 land use districts (along the frontage of proposed
Lots 2 and 3). No additional curb cuts besides the three existing curb cuts may be allowed along
Indiana Street.
Public Transit
Public transit includes the Metro C Line and multiple bus lines that operate in the vicinity of the
Specific Plan. The Metro C line is a light rail line running between Redondo Beach and Norwalk.
The line runs north/south east of the project site along Nash Street with the closest station at Nash
Street and Mariposa Avenue. The Mariposa C Line station is approximately '/z mile away from
the project site.
There are two Metro bus lines, one Beach Cities bus line, and two LADOT Commuter Express
lines that run in the vicinity of the Specific Plan. Metro Line 232 provides local service between
the City of El Segundo and downtown Long Beach and runs along Pacific Coast Highway.
LADOT Commuter Express 574 provides express service on weekdays from Encino to the City
Page 35 FEBRUARY2022
of Hawthorne along Pacific Coast Highway and then heads east along El Segundo Boulevard south
of the project site. Beach Cities Line 109 provides local service between the City of Redondo
Beach and Los Angeles International Airport and runs along Pacific Coast Highway south of
Grand Avenue (one block south of the Specific Plan area) and turns onto Grand Avenue to
Downtown El Segundo to Main Street and north to Imperial Highway. Metro Line 625 provides
local service between the City of El Segundo and Los Angeles International Airport and it runs
along Imperial Highway north of the Specific Plan area. LADOT Commuter Express 438 provides
express service on weekdays from El Segundo to the Downtown Los Angeles Financial District
along Imperial Highway north of the project site. LADOT Commuter Express 439 provides
express service on weekdays from El Segundo to Downtown Los Angeles along Douglas Street
and Imperial Highway to the east of the site.
NON -VEHICULAR CIRCULATION
Walkways will be provided connecting the buildings, uses (hotels, residential and commercial
uses), parking structures and surfaces areas, and the public sidewalks on the five (5) surrounding
streets (Pacific Coast Highway, Mariposa Avenue, Palm Avenue, Holly Avenue and Indiana
Street). Marked crosswalks are provided at all major arterial intersections.
The City of El Segundo adopted the South Bay Bicycle Plan and it has implemented some of the
bicycle improvements in the proposed Bicycle Plan network including 4.9 miles of Class III Bike
Routes (where vehicles and bicycles share travel lanes) on several City streets. The Bike Routes
that are closest to the Specific Plan area are on Grand Avenue from Loma Vista Street to Duley
Road and on Nash Street from Imperial Highway to El Segundo Boulevard. The Bicycle Master
Plan includes Class I Bike Paths, Class II Bike Lanes, Class III Bike Routes and Bike -Friendly
streets. The nearest proposed facilities are a Class II Bike Lane running east -west on Mariposa
Avenue and a Class I Bike Path on Washington Street one block west of the Specific Plan
boundary.
Bicycle parking facilities in accordance with Municipal Code and California Green Building Code
requirements will be provided in multiple locations in the parking structures and surface parking
areas in the Specific Plan.
E. GRADING CONCEPT
Some rough grading will be required at the South Site located in the PCC Mixed -Use 1 (PCC MU-
1) land use district, the Fairfield Parking Site located in the PCC Commercial-3 (PCC COM-3)
land use district, and the North Site located in the PCC Mixed -Use 2 (PCC MU-2) land use district.
No grading will be required for the areas where the existing hotel buildings will remain.
Site grading will require a combination of cut and fill to create a building/parking structure pad
and to accommodate one level of subterranean parking and retaining walls on the South Site as a
result of the existing sloped topography. The property slopes down from Pacific Coast Highway
to Indiana Street and slopes down toward Holly Avenue as well with the lowest point at the
intersection of Indiana Street and Holly Avenue. The grading is estimated to result in
approximately 27,700 cubic yards of cut and fill resulting in 17,700 cubic yards of soil export.
Page 36 FEBRUARY2022
The Fairfield Parking Site and the North Site are relatively flat. The Fairfield Parking site is
estimated to require 6,000 cubic yards of cut and fill for site rebalancing that will result in 0 cubic
yards of export. The North Site is estimated to require 15,000 cubic yards of cut and fill for site
rebalancing resulting in 0 cubic yards of soil export. Final grading plans will be approved by the
City Engineer before the City issues grading permits.
Page 37 FEBRUARY2022
V. UTILITIES ES AND INFRASTRUCTURE
The following is a summary of existing and proposed public infrastructure for development of the
Specific Plan area. All infrastructure will be constructed in accordance with the standards of the
governing agency.
A. WATER SERVICE
EXISTING CONDITION
Water utility service is provided by the City of El Segundo and is currently available within the
Specific Plan area and serves the two existing hotels. Water is purchased through West Basin
Municipal Water District which is a member of The Metropolitan Water District of Southern
California.
There is an existing City of El Segundo 10-inch asbestos -cement water line located 11 feet west
of the centerline of Indiana Street. This water line is scheduled to be replaced with a new 10-inch
ductile iron water main in FY 2020-2021. There are also two existing water lines in Pacific Coast
Highway. One is a City of El Segundo 10-inch ductile iron pipe located 32-feet west of the street
centerline. The other is a 10-inch pipe located 33-feet east of the street centerline. In Palm Avenue
north of the Specific Plan area, there is a City of El Segundo 10-inch asbestos -cement pipe located
6 feet north of the street centerline. In Holly Street south of the Specific Plan area, there is a City
of El Segundo 10-inch asbestos -cement pipe located 13 feet south of the street centerline. There is
also an existing City of El Segundo 10-inch ductile iron water line in Mariposa Avenue, located
6-feet south of the street centerline (refer to Exhibits 8A, 813 and 8C, Conceptual Water Plan South
Site, Conceptual Water Plan Fairfield Parking Site, and Conceptual Water Plan North Site
respectively).
Water for fire suppression is provided by on -site building sprinklers and from 7 off -site fire
hydrants. Existing fire hydrants owned by the City of El Segundo are located along Pacific Coast
Highway, Holly Avenue, and Indiana Street.
PROPOSED CONDITION
The water service connection for domestic water and fire protection shall be made to one or more
of the existing City of El Segundo water lines. The specific location of these connections and pipe
sizing will be based upon the City of El Segundo's approval. The system shall provide adequate
water supply for operation of the building's domestic requirements, automatic sprinkler systems
and on -site fire hydrants (if required by the State or City Fire Marshal). A Conceptual Water
Utility Plan has been developed for the Specific Plan Area (refer to Exhibits 8A, 8B and 8C,
Conceptual Water Plan South Site, Conceptual Water Plan Fairfield Parking Site, and Conceptual
Water Plan North Site respectively).
Fire flows for the proposed development will be based on the requirements listed in that version
of the California Fire Code that is in effect at the time of plan submission, as amended by the City.
Page 38 FEBRUARY2022
Demands for domestic water in the proposed condition were calculated with the assumption that
they will be 120% of the sewer demand rates. s
Based on the requirements outlined by the El Segundo Fire Department in Regulation H-2-a for
Fire Hydrant and Private Fire Main System Installation, 2 additional fire hydrants may need to be
installed in order to provide coverage for portions of the proposed buildings that are in excess of
150-feet from a public fire hydrant. Coordination with the El Segundo Fire Department Fire
Prevention Division is required to determine whether the additional fire hydrants will be located
in the public street and/or within the development.
The minimum number of fire hydrants required was calculated using Table C 102.1 from the
California Fire Code. The spacing between fire hydrants for all three sites will be 300-feet for
public fire hydrants, as stated in the City of El Segundo Fire Prevention Division "Regulation H-
2-a Fire Hydrant and Private Fire Main System Installation" document (see Table IV-2 below for
the hydrant and number spacing requirements).
Table IV-2. Required Number and Spacing of Fire Hydrants.
Minimum Number of Spacing Between Hydrants
fi drants
North Site 3
Fairfield Parking 1 300 ft (typ.)
South Site 3
Page 39 FEBRUARY2022
(E) 10"WATER
C4TY OF
EL SE UNDO
J-687
Im
mammm
(E) 10" WATER
CITY OF EL SEGUNDO
Z) z
0 40' 80
SCALE: 1 80'
WATER -SOUTH SITE
(E) 10" WATER
CITY OF EL SE UNDO
J-626
—W
0
ss SS lll----.-.-
ss'
PACIFIC COAST HWY.
G
DOMESTIC WATER RESIDENTIAL PEAK Fi OW RATE = 288 GPM
DOMEs"nc WATER COMMERCIAL PEAK FLOW RATE 44.1 GPM
ESTIMATED DOMESTIC WATER USAGE = 22,800 GPD
PROPOSED, (P) WATER UTWTIFS SHALL 'RE IN TO ONE OR MORE OF THE
EXISTING (E) WATER MAINS ON INDIANA ST, HOLLY AVE, AM WOR PACIFIC
COAST HWY.
EXHIBIT 8A
CONCEPTUAL WATER PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 40 FEBRUARY2022
WATER - FAIRFIELD PARKING
(E)10- WATER -
CITY OF EL' E UNDO
QEp'10°" WATER
CMY of EL SEC INDO
z
0 d0' 80'
"ZTti"
SCALE: 1" = 80'
QEp 10" WATER
CITY OF EL SEG UINCC
J-73r9
mmescEiM
DOMESTIC WATER COMMERCIAL PEAK FLOW RATE = 243 GPM
ESTIMATED 10CUMEST9C WATER VISAGE : 3,960 CPC
PROPOSED (P) WATER UTH.ITIES SHALL TIE INTO ONE OR MORE OF THE
EXISTING ( ) WAI `EFI MAINS S INDIANA ST, MARIPOSA AVE, ANDIO
PACIFIC COAST IHWY.,
EXHIBIT 813
CONCEPTUAL WATER PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 41 FEBRUARY2022
T
(I!) 10" WATER
CITY OF EL SE UNDO
J-428
m,
I
a
WATER
NORTH SITE
N
0 40' 80'
i
SCALE: 1" = 80'
DOMESTIC WATER
RESIDENTIAL PEAK FLOW
ATE ® 343 GPM
G „P
DOMESTIC WATER
w
COM IWiuRCBAL PEAK FLOW
RATE 1 .7 GPM
ESTIMATED DOMESTIC
WATER USAGE = 21,636 GPD
AwdG
PROPOSED ( ) WATER
FUTILITIES SHALL, "CIE IN TO
ICE OR MORE OF THE
IE IST'IN (E) WATER MAINS
ON PALM AVE, MARIPOSA
AVE, ANDIO R PACIFIC
COAST HWY.
'GA
I'
�E)10" WATER
—CITY OF EL SEGUNDC
J-702
(E) 10" WATER
(E) 10"WAT'E
_CITY OF EL SE UND
-735
EXHIBIT 8C
CONCEPTUAL WATER PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 42
FEBRUARY 2022
B. RECLAIMED WATER
EXISTING CONDITION
Reclaimed water utility service is provided by the West Basin Municipal Water District from a
treatment plant on Hughes Way. There are no existing reclaimed water mains in the streets
adjacent to the project. According to West Basin Municipal Water District record drawings, the
closest reclaimed water main is located in Washington Avenue adjacent to Washington Park at the
intersection with Elm Street, approximately 500-feet from the intersection of Palm Avenue and
Indiana Street.
PROPOSED CONDITION
Future reclaimed water service is anticipated to be provided through the existing point of
connection on Washington Avenue. Should West Basin Municipal Water District extend the
reclaimed water lines adjacent to the Specific Plan area in the future, exact points of connection
will be based on West Basin Municipal Water District's and the City of El Segundo's input.
Reclaimed water service may not be available at the time of project completion.
C. SEWER SERVICE
EXISTING CONDITION
All existing sanitary sewer lines in the streets surrounding the project site are owned by the City
of El Segundo. Sewer utility service is provided by the City of El Segundo and the Los Angeles
County Sanitation District and is currently available within the site.
An 8-inch vitrified clay pipe (VCP) gravity line is located west of the site under the centerline of
Indiana Street, with a depth varying from 2-feet to 9-feet below grade to the pipe invert. The sewer
begins at a manhole located approximately 98-feet south of Mariposa Avenue, before sloping south
where it connects to two 12-inch sewer lines —one on Holly Avenue and one that continues south
on Indiana Street. In Indiana Street, there is also a 10-inch ductile iron pressure sewer located 6-ft
east of the street centerline.
In Pacific Coast Highway, there is an existing 12-inch VCP gravity line located 26-feet west of
the street centerline. The pipe slopes from north to south and varies in depth from 6-feet to 18-feet.
At the intersection with Holly Avenue, the pipe connects to a 12-inch sewer running west on Holly
Avenue.
An existing 8-inch VCP gravity line is located under the street centerline of Palm Avenue. This
sewer has a high point elevation at a manhole located approximately 390-feet west of Pacific Coast
Highway. The pipe slopes to drain out to both mainlines on both sides of the manhole. On the east
end, it connects to the 12-inch sewer located in Pacific Coast Highway.
There are two existing sewer lines on Mariposa Avenue, west of Indiana Street. One is an 8-inch
VCP gravity line located on the street centerline. It slopes from east to west and connects to an 8-
Page 43 FEBRUARY2022
inch sewer line on Illinois Court. The other sewer line on Mariposa Avenue is a 10-inch pressure
sewer located 5 feet north of the street centerline. A sewer study has been conducted that
determined the existing sewer system has sufficient capacity to accommodate the additional flow
that will be generated by the new development.
PROPOSED CONDITION
New sewer laterals are proposed for all the new buildings. It is anticipated that the new sewer
laterals will connect to several of the existing gravity lines surrounding the project. The proposed
project does not currently impact the existing pressure lines. The sewer laterals will be designed
to slope at a minimum of 2% and maintain a minimum scouring velocity of 2-feet/second. Points
of connection will be based on the City of El Segundo's input and will require a Sewer Connection
Permit from the City of El Segundo. A conceptual sewer plan has been developed for the Specific
Plan area (refer to Exhibits 9A, 9B and 9C, Conceptual Sewer Plan South Site, Conceptual Sewer
Plan Fairfield Parking Site, and Conceptual Sewer Plan North Site respectively).
Page 44 FEBRUARY2022
10
SEWER -SOUTH SITE
10" PRESSURE SEWER
OF EI... SEEING
(E) 8" SEWER
, COTY CE EL SIE UNDO
E'*47
ss.. iss
5
- � PACIFIC COAST HWY.
CM CE EL SEGUNDO--- w � �
E_1
mtsEmmulaw
z (P) SEWER IDEA AN : 'I ,000 GPD
PROPOSED (P) SEWER UTILIII IES SMALL "'CIE INTO ONE OR
0 40' 80' MORE OFTHE EXISTING (IE) SEWER MAINS ON 9NDIA A
ST, DOLLY AVE„ AND/OR PACIFIC AST HWY.,
SCALE: 1" = 80'
EXHIBIT 9A
CONCEPTUAL SEWER PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 45 FEBRUARY2022
SEWER - FAIRFIELD PARKING
(E) 8" SEWER
CITY OF EL SEGUNDO
(E) 10" PRESSURE SEWER
CITY OF EL SEGUNDO
E-283
PACIFIC COAST HWY.
z
0 40' 80
SCALE: 1" = 80'
r,
E
(P) SEWER DEMAND = 3,300 GPD
—(E) 12" SEWER
CITY OF EL SE UNDO
.W=E,17
PROPOSED (P) SEWER UTILITIES SHALL TIE IN 'TO ONE OR
MORE OF THE EXISTING (E) SEWER MAINS ON INDIANA ST
AMID/OR PACIFIC COAST H101Y.
EXHIBIT 9B
CONCEPTUAL SEWER PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 46 FEBRUARY2022
SEWERI�
�R NORTH SITE
CITY OF El. SEPI ° JM,iI t0 el
:0
LINE
(P) SEWER DE
PROPOSED (P) SEWER
UTILITIES
SHALL TIE IN
TO m ONE OR MORE OF
THE EXISTING (E)
_ 11WG. pNE M.
SEWER MAINS ON PALM
AVE ANID/OR PACIFIC
COAST HWY.
LINE
-,CITY OF EL SEGUNDO
D
r
Y,
" w C
EXHIBIT 9C
CONCEPTUAL SEWER PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 47 FEBRUARY2022
D. DRAINAGE
EXISTING CONDITION
There are two existing storm drains near this project that are owned by Caltrans and the City of El
Segundo.
The existing Caltrans storm drain is located below Pacific Coast Highway. The storm drain is
comprised of reinforced concrete pipe (RCP) and varies in size from 18-inches to 24-inches. The
variable width existing RCP storm drain is located 66.5-feet east of the centerline in the portion of
the street that is south of Pine Avenue and is located approximately 23-feet east of centerline in
the portion that is north of Pine Avenue, although this location varies. The pipe flows from north
to south. The depth of the pipe invert varies from approximately from 4-feet to 6-feet below grade.
The City of El Segundo storm drain is an existing 24-inch, RCP storm drain that runs through
Indiana Street, and flows from north to south. It conveys stormwater from a catch basin on the
west side of Indiana Street and is located 39 feet west of the project's property line. This storm
drain runs south and ties in to another storm drain on Holly Avenue that runs west before ultimately
discharging into a basin located approximately 0.5-miles southwest of the Specific Plan area, at
the intersection of Center Street and Grand Avenue. The catch basin is located approximately 230-
feet north of Holly Avenue.
Federal Emergency Management Agency (FEMA) map 406037C1770F shows this Project site is
located within Zone X, which is described to be an area of minimal flood hazard and determined
to be outside of the 0.2% annual chance floodplain. There are no Special Flood Hazards on -site.
PROPOSED CONDITION
Drainage must comply with all applicable laws and regulations, including without limitation, the
City's National Pollution Discharge Elimination System (NPDES) Permit.
Proposed drainage will include stormwater treatment features on multiple sites within the Specific
Plan area, in accordance with the City of El Segundo Low Impact Development (LID)
requirements. The storm water quality design volume required by Los Angeles County Low
Impact Development (LID) standards will be stored in the system and infiltrate into the soil
beneath the underground system within 48 hours. These treatment features are designed to treat
the 85th percentile storm event, while overflow drainage features will be designed based on the
25-year storm event.
Infiltration is feasible for stormwater treatment within the Specific Plan area. It appears that one
drywell at each of the three new development sites within the Specific Plan area will be able to
capture the required volume and will be able to treat that volume as quickly as it enters the drywell
system. The same drywell design will be used at each site. The drywells will include overflow
piping that will be sized based on the 25-year storm event. Overflow features will convey water to
Indiana Street or Mariposa Avenue and into the City of El Segundo catch basin on Indiana Street.
Thus, stormwater in the proposed condition will flow only to the City of El Segundo storm drain.
Page 48 FEBRUARY2022
Because the peak flow rate will be reduced in the proposed condition, it is assumed that the City
of El Segundo storm drain will have more than enough capacity to handle the flow rate generated.
A Conceptual Drainage Plan has been developed for the Specific Plan area that provides both
existing and proposed conditions (refer to Exhibits IOA, I OB, IOC, 1 OD, I OE, and IOF, Existing
Drainage Plan South Site, Conceptual Drainage Plan South Site, Existing Drainage Plan Fairfield
Parking Site, Conceptual Drainage Plan Fairfield Parking Site, Existing Drainage Plan North
Site, and Conceptual Drainage Plan North Site respectively).
Page 49 FEBRUARY2022
(E) STORM DRAIN AND HYDROLOGY - SOUTH SITE
0"° S1f'ORN DRAIN ° __ A,n_, __ , a w-
(E)CITY OF EL S1EON00
F-24
(E) 24°° STORM IORAIN.
CITY OF EIL SEGI.IND01
F-24 +f
PROPERTY
(LINE
_ -
�-..�"'"ssPACIFIC COAST HWY.
_..—(E.) 24°° STORK DRAIN
°�
CAIULTRANS
" �w �. ..:.
E
Z PEAK FLOW RATE OF25-YEAR STORM DRAINAGE AREA Sb FLOWS TO
Ptiq
EXISTING PROPOSED CITY OF IEL SIEGUNDO STORM
0 40' 80" 2.580 cfs 1.861 cfs DRAIN VIIA SURFACE FLOW
_. —�
SCALE: 1" = 80'
EXHIBIT 10A
EXISTING DRAINAGE PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 50 FEBRUARY2022
(P) STORK DRAIN AND HYDROLOGY - SOUTH SITE
QEp 30" STORM DRAIN
CITY OF EL SEGUND
F-24
(E) 24" STORM DRAIN
CITY OF EL SE ND
F-24
°�� Z
w
0 40° 80`
e_ uo'�ir
SCALE: 1" = 80'
PROPERTY
LINE
A- f PACIFIC COAST HWY. _
STORM DRAIN
CALii SANS
EXHIBIT 10B
CONCEPTUAL DRAINAGE PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 51 FEBRUARY2022
_—.. L, I . __._�,� away --
PACIFIC COAST
Z
0 40' 80'
SCALE: 1" = 80'
(E) 18" STORM DRAM
CALTIRANS
F,.88
DRAINAGE AREA IF1 (FLOWS TO CITY
F EL SEGUNDO STORM DRAIIN VIA
SURFACE FLOW
DRAINAGE AREA IF2 FLOWS TO
CALTRA S STORM D AIIN
EXHIBIT 10C
EXISTING DRAINAGE PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 52 FEBRUARY2022
0�
PACIFIC COAST HWY.
-4 W" S"I"ORIM DRAIN
G" MCALTRANS
E F-366
(P) PEAK FLOW RATE OF 85-TH PERCENTILE STORM = 0.2200 CFS
A& :) z CONCEPTUAL DRAINAGE PLAN.
mr, ONE 40-FT DRYWELI WITH A DISPOSAI.., RATE OF 0.514 CFS IS ADEQUATE
0 40- 80, TO INFILTRATE ENTIRE FLOW GENERATED BY 85"m PERCENTILE STORM
OVERF11 OW WILL BE ROUTED TO CALTRANS STORM DRAIN SYSTEM VIA
SCALE: 1" = 80' SURFACE FLOW
EXHIBIT I OD
CONCEPTUAL DRAINAGE PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 53 FEBRUARY2022
(E) STORM DRAIN
AND HYDROLOGY
i
- NORTH SITE,
i
�i
/--PROPERTY LONE 0 40 80,
w
V y SCALE: 1" = 80'
u W
_ PEAK FLOW RATE OF25-YEAR STORM
~ AREA EXISTING PROPOSED
N2 n l< I I N1 2.815 cfs 2.625 cfs
µ
N2 0.914 cfs --
LL
N1CL
q E)18V0 STORM DRAIN
CALTR N
E-366
Lj
EXHIBIT l0E
EXISTING DRAINAGE PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 54 FEBRUARY2022
T
Im
F- —
(E) 18"' STORM DRAW
CALTRANS
F-366
IMIIIIIIIIIII111
01
CL
A
(P) STORM DRAIN
AND HYDROLOGY
L
NORTH SITE
N
K IN
0 40' 80'
SCALE: 1"- 80'
SYSTEM VIA SURFACE FLOW
I
EXHIBIT 1 OF
CONCEPTUAL DRAINAGE PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 55
FEBRUARY2022
E. GAS
EXISTING CONDITION
Natural gas service is provided by Southern California Gas Company (SoCal Gas) and is currently
available within the developed portions of the site and in streets surrounding the project site.
Specifically, existing SoCal Gas utilities are located in the following streets adjacent to the project
site: Pacific Coast Highway, Palm Avenue, Mariposa Avenue, Indiana Street, and Holly Avenue.
PROPOSED CONDITION
The existing gas service will be maintained and future gas service will be provided through private
gas service line connections to the SoCal Gas utilities (public main line(s)) in the surrounding
streets that include Pacific Coast Highway, Palm Avenue, Mariposa Avenue, Indiana Street, and
Holly Avenue. The private gas service lines will be secured by easements with SoCal Gas.
A conceptual plan has been developed for the Specific Plan area (refer to Exhibits I IA, I IB, and
11 C, Conceptual Electric, Gas & Telecommunication Plan South Site, Conceptual Electric, Gas
& Telecommunication Plan Fairfield Parking Site, and Conceptual Electric, Gas &
Telecommunication Plan North Site respectively).
F. ELECTRIC
EXISTING CONDITION
Electric power is provided by Southern California Edison (SoCal Edison) to the Specific Plan area
through an underground utility conduit system in the streets adjacent to the project site including
Pacific Coast Highway and Mariposa Avenue.
PROPOSED CONDITION
SoCal Edison has existing underground electrical utilities in the streets adjacent to the project site,
including Pacific Coast Highway and Mariposa Avenue. New underground utility conduit systems
will be needed to intercept the existing underground electric system and provide electrical power
to the proposed improvements. An easement will be granted to SoCal Edison for access and
maintenance. Final locations and points of connection for the electrical system will be based on a
final approved SoCal Edison design. A conceptual plan has been developed for the Specific Plan
area (refer to Exhibits I IA, I IB, and I IC, Conceptual Electric, Gas & Telecommunication Plan
South Site, Conceptual Electric, Gas & Telecommunication Plan Fairfield Parking Site, and
Conceptual Electric, Gas & Telecommunication Plan North Site respectively).
Page 56 FEBRUARY2022
DRY UTILITIES - SOUTH SITE
min
s SS
(I) fLiL® M PACIFIC COAST HWY.
mm
(E) ELECTRICAL
Awkz
0 40' 80'
SCALE: 1" = 80'
EXHIBIT 11 A
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 57 FEBRUARY2022
DPY UTILITIES � FA1IFELD PAPG
_.
) ���.,.� � �d. �(�� TELECOM
�� .�,�_
r �� wnmiuw�m Gw
1
(E) PROPERTY
LINE
. jQh
M
mm Y
(E) 2°" GAS
(E) TELEC01M
(E) TELECOM
(PACIFIC COAST HWY, LINE
(IE) 3" GAS
O Il,,.ETRlAm,.
(E) ELECTRICAL (A�
' Z
0 4` 80"
SCALE: 1" = 80'
EXHIBIT 11 B
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 58 FEBRUARY2022
EXHIBIT 11 C
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 59 FEBRUARY2022
G. TELECOMMUNICATIONS UTILITIES
EXISTING CONDITION
Cable and telecommunication service is provided by Sonify, Velocity, Verizon, CenturyLink, and
Charter Communications in the vicinity of the Specific Plan area. Verizon and CenturyLink
currently have underground facilities in Pacific Coast Highway. Charter Communications has a
combination of aerial and underground facilities in Indian Street, Mariposa Avenue, Palm Avenue
and Holly Avenue. Velocity provides phone and internet service to the Aloft and the Fairfield Inn
and Suites hotels. Currently, Sonify provides television service to the Aloft and Fairfield Inn and
Suites hotels.
PROPOSED CONDITION
It is anticipated that Velocity and Sonify would continue to provide service to the Aloft and the
Fairfield Inn and Suites hotels. Charter Communications has indicated that it may provide service
to the project, but will need to perform an investigation of the area to confirm that it is feasible.
New underground utility conduit systems will intercept the existing underground
telecommunications system and provide services to the proposed buildings. An easement will be
granted to the telecommunication companies for access and maintenance. Final locations and
points of connection for the telecommunications system will be based on a final approved design
by the telecommunications providers. A conceptual plan has been developed for the Specific Plan
area (refer to Exhibits 11 A, 11 B, and 11 C, Conceptual Electric, Gas & Telecommunication Plan
South Site, Conceptual Electric, Gas & Telecommunication Plan Fairfield Parking Site, and
Conceptual Electric, Gas & Telecommunication Plan North Site respectively).
H. SOLID WASTE DISPOSAL
EXISTING CONDITION
Solid waste disposal is provided to multiple -family and commercial users by a variety of private
haulers.
FUTURE CONDITION
Development within the Specific Plan would contract with a provider. Landfill capacity is
adequate for assumed population and residential and commercial growth within Los Angeles
County. Solid waste facilities within the Specific Plan area will comply with all ESMC
requirements pertaining to building, fire, zoning codes (e.g., adequate trash enclosures and
screening).
I. FIRE PROTECTION
EXISTING CONDITION
Fire protection services are provided by the El Segundo Fire Department which has two stations.
Page 60 FEBRUARY2022
Fire Station 1 is located at 314 Main Street (next to City Hall) which is 1.1 miles from the Specific
Plan area. Fire Station 2 is located at 2261 East Mariposa Avenue (at Mariposa Avenue and
Douglas Street) which is 0.8 miles from the Specific Plan area. The provision of water for fire
suppression is provided by on -site building sprinklers and from several off -site fire hydrants.
FUTURE CONDITION
Buildings will have sprinkler systems as required by the ESMC. Additional fire hydrants will be
provided in addition to existing hydrants to provide coverage for portions of the proposed buildings
that are in excess of 150 feet from a public hydrant. Spacing between fire hydrants for the South
Site (in the PCC Mixed -Use 1 (PCC MU-1) land use district), Fairfield Parking Site (in the PCC
Commercial-3 (PCC COM-3) land use district), and in the North Site (in the PCC Mixed -Use 2
(PCC MU-2) land use district) will be 300 feet for public fire hydrants. The North Site will have
a minimum of 3 hydrants. The Fairfield Parking Site will have a minimum of 1 hydrant and the
South Site will have a minimum of 3 hydrants. Fire hydrant requirements are discussed in greater
detail above in "Section IV -A Water Service" of this Specific Plan. Development will be required
to pay fire impact fees to off -set the additional demand for municipal fire protection services as a
result of the new development.
J. POLICE SERVICES
EXISTING CONDITION
Police services are provided by the El Segundo Police Department which is located at 348 Main
Street.
FUTURE CONDITION
Development will be required to pay police impact fees to off -set the additional demand for
municipal police services as a result of the new development.
Page 61 FEBRUARY2022
V. DESIGN GUIDELINES
These design guidelines are intended as "guidelines" instead of "development regulations."
Consequently, strict compliance is not required. These design guidelines apply only to new
construction (not applicable to existing buildings and site improvements in the PCC MU-1, PCC
COM-1, PCC COM-2, and PCC COM-3 land use districts) and site areas that are modified as of
the effective date of this Specific Plan. To promote the quality of design planned for this Project,
the design guidelines given in this document establish criteria that enhance the coordination,
organization, function and identity of the site, while maintaining a compatible relationship with
the surrounding development of the Pacific Coast Commons Specific Plan.
A. DESIGN OBJECTIVES
Design Guidelines for the Pacific Coast Commons Specific Plan will promote and reinforce the
City's commitment to high quality development. The objectives of these guidelines are to:
Provide for high -quality residential and commercial development within the
Specific Plan area.
Promote orderly and predictable development.
Encourage individual creativity and innovative solutions by allowing flexibility in
how a particular guideline is met as long as the intent of the guideline is achieved.
Ensure functional pedestrian, bicycle and motor vehicle circulation within the
Project and convenient pedestrian and bicycle linkages to and from adjacent
residential and commercial areas and schools.
1. Site Planning
a. The arrangement of new buildings, parking and circulation areas should
recognize the particular characteristics of the site and should create a
cohesive identity.
b. Site development should utilize variations on building orientation and
landscaping adjacent to the public streets so that a monolithic "wall" of
building faces is not created.
C. The design and location of accessory buildings (e.g., rnaintenance and
storage buildings, trash and recycling enclosures, and outdoor mechanical
equiprnerit enclosures) should be incorporated into and be compatible with
the overall design of the Project and the main buildings ori the site.
Page 62 FEBRUARY2022
d. Appropriate linkages between internal Project components and buildings
should be incorporated, including pedestrian walkways.
e. buildings should be at to create opportunities for outdoor amenities
(e.g., plazas, courtyards, outdoor eating areas, etc.) where appropriate and
feasible.
2. Access and Parking
a. The use of common (shared) access points and driveways is encouraged;
placement of vehicle access points close to building entries should be
avoided to minimize pedestrian and vehicular conflicts.
b. Entry driveway areas should be clearly marked by identifying features,
(e.g., prominent landscape features and well -designed monument -type
signs).
C. Access to each building should be clearly visible to pedestrians and
motorists through the use of signage, color, and/or design elements.
d. Surface parking lots adjacent to and visible from public streets should
incorporate landscaping to minimize undesirable visual impacts.
e. Surface parking areas should be enhanced and visually broken up through
the use of canopy trees and landscape improvements and to reduce the
effects of heat gain.
£ Parking lot and driveway design is encouraged to include water quality
storm water facilities consistent with City standards.
3. Architecture/Orientation/Massing
a. The massing, scale and architectural style should consider compatibility
with the surrounding character and existing buildings to reflect a cohesive
character.
b. The orientation of the newly constructed buildings should facilitate and
encourage pedestrian activities.
C. The mass and scale of new buildings should be compatible with the existing
and adjacent structures and with each other. This can be accomplished by
transitioning from the height of adjacent buildings to the tallest elements of
the new building, stepping back the upper portions of taller buildings, and
incorporating human scale elements, such as pedestrian scaled doors,
windows, and building materials on the ground floor.
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d. Buildings should be divided into distinct massing elements and should be
articulated with architectural elements and details. Changes in height,
horizontal plane, materials, patterns and colors should be used to reduce
building scale and mass.
Primary building entries should be easily identified through the use of
prominent architectural elements, signage, landscaping, decorative
hardscape, lighting, canopies, roof form, architectural projections, columns,
vertical and/or horizontal elements, and other design features that help
emphasize a building's entry.
f. Building elevations, whether front, side, or rear, that are visible from public
rights -of -way should be architectin-ally detailed to incorporate quality
materials and architectural features that reflect the theme of surrounding
structures and facades. Building entrances should be readily identifiable.
The use of recesses, projections, columns, and other design elements to
articulate entrances is encouraged.
g, Facades should include vertical and horizontal variations in wall planes,
building projections, door and window bays, and similar elements. Building
articulation should be present on the side and rear walls of the buildings if
visible from the adjacent streets (Pacific Coast Highway, Mariposa Avenue,
Holly Avenue, Indiana Street, and Palm Avenue) and the western facing
building facades in the PCC Mixed -Use 2 (PCC MU-2) land use district.
h. The exterior surfaces of buildings for the ground floor must be protected
with anti -graffiti coating where not screened by shrubs, vines and trees.
4. Color and Materials
a. Colors and materials should be consistent and complementary throughout
the Project area.
b. Exterior materials and architectural details should complement each other
and should be stylistically consistent.
c, Building materials must be durable and resistant to damage, defacing, and
general wear and tear. Acceptable building materials may include concrete,
fiber cement siding, stone masonry, metal, stucco, glass and/or other
contemporary composites.
d. Building materials that support sustainability through the use of
environmentally sound building materials and local resources (e.g., locally
available, contain high recycled -content, are reused, come from renewable
sources, and that contain low volatile organic compound (VOC) levels) is
highly encouraged.
Page 64 FEBRUARY2022
5. Screening and Mechanical Equipment
a. All screening devices should be compatible with the architecture, materials
and colors of the building.
b. Loading docks, bays and parking spaces, delivery service areas, outdoor
storage areas, stand-alone mechanical equipment facilities, should be
located and designed to minimize their visibility, circulation conflicts and
adverse noise impacts. Sound attenuation walls should be used where
appropriate to reduce noise where required by code or the Project's
environmental analysis.
C. Utility and mechanical equipment should be screened from view of public
streets and nearby buildings on all sides with landscaping and/or
architectural elements.
d. Rooftop mounted equipment visible from the surrounding area, adjacent
buildings, and any public rights -of -way should be screened from public
view and equipment should be painted to match the roof color when
equipment is visible.
e. Trash and recycling receptacles areas
should be completely screened from
public view from public rights -of -way
with solid walls, wood, and/or
landscaping.
f. Ground mounted enclosures should be
protected with anti -graffiti coating where
not screened by shrubs, vines and trees.
6. Parking Structures
Trash enclosures with
architectural screening elements
a. Parking garages should be designed to help reduce the mass and scale of the garage
and to ensure their compatibility with surrounding uses.
b. Parking garages should be designed to minimize the view of vehicles in the garage
through a combination of screen walls and plantings while providing adequate
visibility for security purposes.
c. The exterior elevations of parking structures should be designed to avoid a
monotonous, monolithic appearance. This can be accomplished through a menu of
options as follows:
Page 65 FEBRUARY2022
i. Minimize horizontal and vertical banding by balancing both horizontal and
vertical elements.
ii. Design `green screens' to provide visual relief.
iii. Use simple, clean geometric forms, and coordinated massing.
iv. Size openings in the parking garage to resemble large windows as in an
office building.
v. Use masonry materials that are predominantly light in color but avoid
unpainted concrete. Use of accent materials is encouraged.
vi. Avoid a sloping ramp appearance by providing level and uniform spandrels.
vii. Visually define and differentiate between pedestrian and vehicular
entrances through appropriate architectural detailing.
d. Stairs and elevators should be located adjacent to a street on the exterior of the
structure where lobbies can be exposed to outside view. Safe pedestrian street
crossings should be taken into consideration.
e. Lighting levels should be equally distributed to provide uniform illumination over
all parking areas.
f. Light sources should be shielded so that the source of the illumination is not seen
from outside the structure.
g. The ground floor level of any parking structure must be protected with anti -graffiti
coating.
7. Landscaping
A Landscape Plan must be provided to the City concurrently with each site plan review
submittal.
General
a. All areas not covered by buildings, parking structures, walkways,
driveways, drive aisles, Fire lanes, parking spaces, and service areas should.
be landscaped (with drought tolerant plantings and sustainable hardscapes
in accordance with the City's water conservation requirements).
b. Landscaping should enhance the quality of the project by framing and
softening the appearance of buildings, defining site functions,, screening
undesirable views and buffering incompatible uses.
Landscaping at the perimeter of buildings is encouraged to soften the
transition 'between building and adjacent curses and between building; an(] the
public right -of -gray where feasible. Parking lot landscaping must be
distributed evenly to the extent feasible to provide for consistent design and
Page 66 FEBRUARY2022
shading.
d. Landscaped areas should generally incorporate a combination of planting
materials utilizing a three -tiered system consisting of. 1) trees, 2) shrubs or
vines, 3) groundcover/ornamental grasses. Landscaping should be in scale
with the adjacent buildings and be of appropriate size at maturity.
Placement of landscaping should not interfere with the lighting of the
Project area or restrict access to utilities.
f. Landscaping should be utilized to define edges, buffer adjacent properties,
screen parking areas and storage areas.
g. Trees must adequately shade parking lots and provide sufficient area for
water quality requirements.
h. Paving materials should include
pervious hardscape materials to
facilitate water treatment and reduce
runoff.
Bio-retention areas can be used to
detain/percolate run-off in planted
swales, raised open -bottomed
planters, etc.
On -site storm water capture system
Site furnishings including, but not limited to, fixed and moveable seating,
trash and recycling receptacles, bike racks, and pedestrian scaled lighting
should be of durable and sustainable materials.
8. Walls and Fences
a. Wall and fence design should complement the Project's architecture..
Landscaping may be used to soften the appearance of the wall surface.
b. Wall and fencing materials must be made of a durable material. Wall and
fencing materials may consist of wrought iron, tubular steel, stone, stucco,
or brick. Solid walls should incorporate pilasters with decorative caps and
offsets, consistent with the overall architecture.
C. Landscaping should be used to soften the appearance of the wall surfaces
and deter graffiti.
d. Walls and fences that are not screened by vines, shrubs and trees should be
protected with anti -graffiti coating.
Page 67 FEBRUARY2022
9. Lighting Design
a. The type and location of parking structure, parking area, building and drive
aisle/fire lane lighting should prevent direct glare on to adjacent residential
properties.
b. Pedestrian scale lighting should be present at all entries, plazas, courtyards,
parking lots, parking structures, pedestrian ways, and other areas where
nighttime pedestrian activity is expected.
C. Lighting design of fixtures and their structural support should be
architecturally compatible with the architecture of the Project.
d. When appropriate, wall -mounted lighting may be incorporated. Wall -
mounted lights should be compatible with the building's architectural style.
10. Signage
a. The character of signage, including the location, size, height, design and
lighting should be in keeping with the architectural character and monument
style of the overall Project.
b. Signs should make a positive contribution to the desired character of the
Project and provide for clear identification and wayfinding.
Incorporate pedestrian level signage where appropriate throughout the
commercial areas in the Specific Plan.
Page 68 FEBR UARY 2022
VI. DEVELOPMENT STANDARDS
The following standards are intended to supplement the existing General Plan and ESMC. Where
this Specific Plan is inconsistent with the ESMC, the Specific Plan prevails. Where this Specific
Plan does not specifically regulate, development must comply with the standards and requirements
set forth in the ESMC.
A. PERMITTED USES
Uses within the Specific Plan area are governed by the following Table, by district: Wireless
facilities are permitted subject to the requirements of ESMC Chapter 15-19.
Table VI-1
Allowable Uses
rconjunction with a Hotel)
CUP
CUP
CUP
-
F
P
PP
P
Conference Facility/Conference
Rooms (in conjunction with a
-
P, A
P, A
I P, A
Hotel)
_
Fitness Facility or Private
P
A
A
P
P
Training Studio
General Offices
P, A
P, A
A
A
P, A
General Storage
A
A
A
A
A
Hotels
�
CUP
CUP
CUP
-
Maintenance Buildings/Facilities
(in conjunction with a Hotel
or in in conjunction with a
A
A
A
A
A
multiple -family residential
building)
Medical/Dental Offices
p
P
P
Multiple -family residential lease
office
P
-
-
Multiple -family residential
dwellings (apartments,
P
w
P
ho townmes
Page 69 FEBRUARY2022
Off -site sale of alcohol at retail
AUP
AUP
AUP
AUP
AUP
establishments
._..�
On -site sale and consumption of
.........
alcohol at restaurants and
A UP
AUP
AUP
AUP
AUP
cafes
On -site sale and consumption of
alcohol at bars, other than
CUP
CUP
CUP
-
wine bars
On -site sale and consumption of
CUP
CUP
CUP
CUP
CUP
alcohol at wine bars
Outdoor Dining
A
A
A
A
A
Parking structures and surface
A
a
A
A
A
A
parking lots
Recreational facilities or
multipurpose recreational
building or room accessory
A
A
A
A
A
to multi -family residential
uses or hotels
Restaurants, full service
P
A
A
P, A
P
Restaurants, fast food
P
A
P, A
P, A
P
Retails Sales - including
convenience stores and
General Retail Stores
(excluding building material
P, A
A
A
P, A
P, A
stores, warehouse retail
showrooms, and off -site sale
alcohol sales
Retail Services (including
Personal Services and
P, A
A
A
P, A
P, A
Business and Consumer
Su ort Services
Wireless Communications
Facilities (Pursuant to ESMC
AUP, CUP
AUP, CUP
AUP, CUP
AUP, CUP
AUP, CUP
Chapter 15-19)
Any use customarily incidental to
A
A
A
A
A
a permitted use
All uses that are not permitted,
conditionally permitted or
determined to be similar
-
uses as specified above.
L.—J
Page 70 FEBRUARY2022
AUP Administrative Use Permit
A Permitted Accessory Use
CUP Conditional Use
P Permitted Use
_- Not Permitted
Note: Pursuant to the ESMC, uses of a similar nature which are unlisted in Table IV-1 may be considered by the Director of
Planning and Building Safety, subject to appeal to the Planning Commission..
B. DEVELOPMENT STANDARDS
1. Lot Area
a. The minimum building lot area is 10,000 gross square feet in all land use
districts.
2. Height
a. Buildings and structures within the PCC Mixed -Use 1 (PCC MU-1) land
use district in the Specific Plan cannot exceed 90 feet in height including
elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on roof level parking
areas and roof level recreational facilities/open space areas are permitted
and they cannot exceed 14 feet in height. Exceptions to building height are
permitted in accordance with ESMC § 1572-3.
b. Buildings, and structures within the PCC Commercial-1 (PCC COM-1) land
use district in the Specific Plan cannot exceed 105 feet in height, measured
from lowest finished grade to the highest point of measurement. Exceptions
to building height are permitted in accordance with ESMC § 15-2-3.
Buildings and structures within the PCC Commercial-2 (PCC COM-2) land
use district in the Specific, flan cannot exceed 115 feet in height, measured
lowest finished grade to the highest point of measurement. Exceptions to
building height are permitted in accordance with ESMC § 15-2-3.
d. Buildings and structures within the PCC Conirriercial-3 (PCC COM-3) land
use district in the Specific Plan cannot excised 68 feet in height including
elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on roof level parking
areas are permitted and they cannot exceed 14 feet in height. Exceptions to
building height are permitted in accordance with ESMC § 15-2-3.
e. Buildings and structures within the PCC Mixed -Use 2 (PCC MU-2) land
use district in the Specific Plan cannot exceed 85 feet in height including
Page 71 FEBRUARY2022
elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on rood` level parking
areas and roof level recreational facilities/open space areas are permitted
and they cannot exceed 14 additional feet in height. Exceptions to building
height are permitted in accordance with ESMC § 15-2-3.
3. Setbacks
Pacific Coast Highway: Building and structures within the PCC Mixed -Use
1 (PCC MLJ-1) land use district, the PCC Commercial-1 (PCC COM-1) land
use district, the PCC Commercial-2 (PCC COM-2) land use district, the
PCC Commercial-3 (PCC COM-3) land use district, and the PCC Mixed -
Use 2 (PCC MU-2) land use district in this Specific Plan must be setback a
minimum of zero feet (0') fn-)m the adjoining; public right-of-way of Pacific
Coast Highway.
b. Mariposa Avenue (north and south sides): Buildings and structures within
the PCC Coma ercial-3 (PCC COM-3) land Use district in this Specific Plan
must be setback a minimum of zero feet (0') from the adjoining public right-
of-way of Mariposa Avenue. Buildings and structures within the PCC
Mixed -Use 2 (PCC MLJ-2) land use district in this Specific Plan must be
setback a minimum of zero feet (0') from the adjoining public right-of-way
of Mariposa Avenue.
C. Holly Avenue: Buildings and structures within the PCC Mixed -Use 1 (PCC
MU-1) lend use district in this Specific Plan must be setback a minimum of
zero feet (0') from the adjoining public right-of-way of Holly Avenue.
d. Indiana Street: Building and structures within the PCC Mixed -Use 1 (PCC
MU-1) land use district, the PCC Commercial-1 (PCC COM-1) land use
district, the PCC Commercial-2 (PCC COM-2) land use district, and the
PCC Commercial-3 (PCC COM-3) land use district in this Specific Plan
must be setback a minimum of zero feet (0') from the adjoining public right-
of-way of Indiana Street.
e. Palm Avenue: Buildings and structures within the PCC Mixed -Use 2 (PCC
MU-2) land use district in this Specific Plan must be setback a minimum of
zero feet (0') from the adjoining public right-of-way of Palm Avenue.
f. Interior Setbacks: Minimum interior setbacks for buildings and structures
in the PCC Commercial-1 (PCC COM-1), the PCC Commercial-2 (PCC
COM-2) and the PCC Commercial-3 (PCC COM-3) land use districts
within the Specific Plan must be setback a minimum of zero feet (0').
Parking and loading spaces must maintain a minimum of zero feet (0').
g. Interior Setbacks in the PCC Mixed -Use 1 (PCC MU-1) land use district:
Page 72 FEBRUARY2022
Buildings and structures in the PCC Mixed -Use 1 (PCC 'W-1') land use
district within the Specific Plan must maintain a minimum of zero feet (0')
from each interior lot line. Parking and loading spaces may maintain a
minimum of zero feet (0').
h. Interior and Rear Setbacks in the PCC Mixed -Use 2 (PCC MU-2) land use
district: The apartment building and townhomes in the PCC Mixed -Use 2
(PCC MU-2) must maintain a minimum of forty-one feet (41') from the
western lot line. The apartment building and townhomes must maintain a
minimum of ten feet (10') and balconies, decks and patios must maintain a
minimum of five feet (5') from all other interior lot lines except that only a
minimum of 3 feet (3') is required from the interior property line between
the 2 parcels in the PCC Mixed-tJse 2 (PCC MU-2) land use district.
Accessory buildings in the PCC Mixed -Use 2 (PCC MU-2) land use district
within the Specific Plan must maintain a minimum of ten feet (10') from
each interior or rear lot line. Structures in the PCC Mixed -Use 2 (PCC MU-
2) land use district within the Specific Plan must maintain a minimum of
three feet (3') from each interior or rear lot line. Fences and walls may be
located at zero feet (0'). Parking and loading spaces may maintain a
minimum of 0 feet (0') from the interior property line between the 2 parcels
in the PCC Mixed -Use 2(PCC MU-2) land use district.
Exceptions to setback requirements are permitted subject to the
requirements of ESMC § 15-2-7 Open Space Areas and Encroachments,
and as permitted in Sections VI(D) and VI(E) of this Specific Plan.
4. Lot Frontage
a. A minimum of 100 feet of frontage must be provided for all lots on a
dedicated public street, except that only a minimum of 50 feet of frontage
must be provided for a lot with frontage on Palm Avenue. Lot frontage only
applies to ground parcels and not to airspace parcels.
5. Residential Density
a. A maximum of 120 dwelling units is permitted in the PCC Mixed -Use 1
(PCC MU-1) land use district.
b. A maximum of 143 dwelling units is permitted in the PCC Mixed -Use 2
(PCC MU-2) land use district.
6. Floor Area
Floor area shall be based upon the net floor area definition established in this
Section VI(B)(6)(f) below.
Page 73 FEBRUARY2022
a. The maximum floor area permitted in the PCC Mixed -Use 1 (PCC MU-1)
land use district is 2.70:1.
b. The maximum floor area permitted in the PCC Commercial-1 (PCC COM-
1) land use district is 2.51:1.
c, The maximum floor area permitted in the PCC Commercial-2 (PCC COM-
2) land use district is 2.28:1.
d. The maximum floor area permitted in the PCC Commercial-3 (PCC COM-
3) land use district is 0.16:1.
e. The maximum floor area permitted in the PCC Mixed -Use 2 (PCC MU-2)
is 2.29:1.
f. Net floor area consists of the area of all floors, stories or levels, as measured
to the interior of a building's perimeter walls. Space devoted to the
following is not included when determining the total net floor area within a
building or structure:
1. Balconies, decks, patios, porches and verandas that are covered up
to a cumulative total of 100 square feet per unit for multiple -family
residential dwellings in the in the PCC MU-1 and PCC MU-2 land
use districts;
2. Balconies, decks, patios, porches and verandas that are covered up
to a cumulative total of 300 square feet per townhome unit in the
PCC MU-2 land use district;
3. Elevator shafts;
4. Stairwells and stairway enclosures;
5. Courts, courtyards or atriums;
6. Rooms exclusively holding building operating equipment;
7. Parking spaces at or above grade and access thereto;
8. Structures or portions of buildings or structures devoted exclusively
for parking;
9. Restrooms in common areas of nonresidential buildings; and
10. Up to 500 square feet of interior floor area of an attached garage per
townhome unit in the PCC MU-2 land use district.
g. Gross floor area consists of the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of garages, vent
shafts, and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls is the usable area under the
horizontal projection of the roof or floor above. Covered balconies, decks,
patios, porches and verandas for residential uses up to a cumulative total of
100 square feet for multiple -family residential dwellings per unit and 300
square feet per townhome unit are excluded.
Page 74 FEBRUARY2022
6. Walls and Fences
a. All walls and fences must comply with ESMC § 15-2-4 except as specified
in Section VI(B)(2) of this Specific Plan and except that the maximum
height of retaining walls in the PCC Mixed -Use 1 (PCC MU-1) land use
district cannot exceed 15 feet.
b. Razor wire is not permitted.
Chain link fencing is not permitted that is visible from any public rights -of -
way.
8. Accessory Structures
a. Trash and recycling areas, outdoor storage areas, utility and mechanical
equipment, rooftop and ground mounted equipment, transformers and similar
structures are permitted subject to screening requirements in ESMC § 15-2-8 and
the Design Guidelines in Section V.A(5) of this Specific Plan.
b. Other permitted accessory structures include architectural landscape features per
Section VI(E) Landscaping of this Specific Plan and playground equipment.
C. CIRCULATION
Public streets must be designed and constructed in accordance with the General
Plan and in the overall right-of-way size identified in the Street Classification and
Standards (Exhibit C-8) in the Circulation Element of the General Plan or as
exempted or a waiver granted subject to the regulations in ESMC Chapter 15-24A
Right of Way Dedications and Improvements. No private streets are located within
the Specific Plan area. A portion of one public street, Mariposa Avenue (a
commercial collector), bisects the northern and southern portions of the Specific
Plan area. Streets that adjoin the boundaries of the Specific Plan area include
Pacific Coast Highway (a major arterial street that is a Caltrans owned State
Highway Facility), Holly Avenue, Indiana Street and Palm Avenue. Holly Avenue,
Indiana Street and Palm Avenue are classified as local streets. A portion of
Mariposa Avenue between Indiana Street and Pacific Coast Highway is proposed
to be expanded on the south side of the street to include a dedicated right turn lane
(eastbound on Mariposa Avenue to southbound on Pacific Coast Highway.
D. PARKING AND LOADING
1. Parking and loading must be provided in accordance with the requirements of
ESMC Chapter 15-15, except as provided below:
Multiple -family Residential Parking: A minimum of 1 parking space will
Page 75 FEBRUARY2022
be provided for each studio unit,. A minimum of 1.5 parking spaces will be
provided for each one -bedroom unit. A minimum of 2 parking spaces will
be provided for each two -bedroom unit. A rnininiurn of 1/3 of a parking
space per residential unit will be provided for guest parking. Guest parking
for multiple -family residential uses may be co -located and shared with
parking for commercial uses. Required non -guest multiple -family
residential parking is permitted to be shared with parking that is required
for commercial uses up to a maximum of five percent (5%) of the total
required parking. The maximum five percent (5%) of shared Multiple -
family residential parking is based upon the total parking provided within
the entire Specific Plan area and is not calculated for individual lots.
b. Multiple -family Residential Parking for Affordable Units: A minimum of
0,5 parking spaces will be provided for each studio unit. A minimum of I
parking space will be provided for each one -bedroom unit. A minimum Of
1. parking spaces will be provided for each two -bedroom unit. No guest
parking spaces will be required for affordable units.
C. Multiple -family Residential Parking for Townhornes (Condominiums):
Townhomes will be provided a two -car garage. A minimurn of 1/3 of a
parking space per residential unit will be provided for guest parking.
d. The number of parking spaces required for uses other than multiple- family
uses specified above will be determined based upon review and approval of
a parking demand study which may include shared use analysis.
e. Compact Parking: Compact parking is permitted for a maximum of twenty
percent (20%) of spaces for residential and commercial uses.
f. Tandem Parking: Tandem parking is permitted for a maximum of twenty
percent (20%) of spaces for residential uses.
9. Vehicle Lifts: Vehicle lifts are permitted for a maximum of ten percent
(10%) of parking spaces for multiple -family residential and hotel uses.
Vehicle lifts are not permitted for other commercial and retail uses. Vehicle
lifts would be permitted in parking structures, A vehicle lift may only be
used to store two (2) vehicles vertically where a Minimum vertical height
clearance in the parking structure is a minimum of fourteen feet (14') clear
of obstructions. Both the upper and lower space where a lift is used count
toward the maximum percentage. A vehicle lift may be permitted only with
a key locking mechanism and an automatic shutoff safety device which is
installed in accordance with manufacturer specifications. Maintenance of
vehicle lifts is required in accordance with manufacturer specifications.
Lifts shall be maintained in good working condition. Lifts shall be
maintained through either a maintenance contract or self -performance and
they may be inspected by the City of El Segundo.
Page 76 FEBRUARY2022
h. Loading Spaces: Two small truck loading spaces (as defined in ESMC
Section 15-15-7 are required in the PCC Mixed -Use 1 (PCC MU-1) land
use district to serve the multiple -family residential and commercial uses.
Two small truck loading spaces are required in the PCC Mixed -Use 2 (PCC
MU-2) land use district to serve the multiple -family residential and
commercial uses. One small truck loading space is required for the
commercial uses in the PCC Commercial-3 (PCC COM-3) land use district.
Parking Space Dimensions (for All Residential and Commercial Uses): All
standard parking spaces must be a minimum of 8'-6" in width by 18'-0" in
length. All compact parking spaces must be a minimum of 8'-6" in width
by 15'-0" in length.
j. Off -site parking and off -site loading is permitted. The parking and loading
spaces must be located on private property within the boundary of the
Specific Plan area it serves unless otherwise approved by the Planning
Commission. A written agreement must be executed by all parties
concerned, and recorded to the satisfaction of the Director of Development
Services and the City Attorney assuring the continued availability of the
number of parking spaces and loading spaces located off -site. Reciprocal
access easements or covenants must be recorded for contiguous lots before
issuance of a building permit and must be shown or noted on the applicable
site plans.
k. Parking lots and driveways may straddle lot lines subject to provisions in a
reciprocal parking and access easement or covenant. Driveways that
connect parking lots with a right-of-way may encroach into a required
landscape setback. Such documents must provide provisions for shared
maintenance.
2. Preferential parking must be provided for carpools and vanpools..
Bicycle parking and EV Charging must comply with the stricter of ESMC Chapters
15-15 and 15-16 or Cal Green Code.
E. LANDSCAPING
This section will ensure that adequate landscaping area and permanent maintenance is provided
for the development.
Landscaped areas must be provided and permanent irrigation systems installed in the landscaped
areas at: 1) around the perimeter of the buildings in the setbacks, 2) within the required setbacks
along the property perimeter and, 3) in the Vehicular Use Areas (VUAs) as defined in ESMC § 15-
1-6.
Page 77 FEBRUARY2022
A Landscape Master Plan must be prepared for each sub -district of the Specific Plan area to ensure
a unified appearance implementing the intent of the Design Guidelines and objectives of this
Specific Plan. The Landscape Master Plan must be prepared by a licensed landscape architect and
it must be submitted to the City concurrently with the first site plan review within the Specific Plan
area.
ALL LANDSCAPING
Landscaping must conform to the City's Water Conservation in Landscaping
requirements as set forth in ESMC Chapter 15-15A.
BUILDING PERIMETER LANDSCAPING
Except as otherwise allowed by this Plan, a minimum horizontal depth of five feet
of landscape materials, excluding curbs, must be provided around each building
except for entrances to buildings and any other required paved areas. In instances
where two buildings are separated by ten feet, the landscape requirement may be
reduced to allow for pedestrian walkways/access.
PROPERTY PERIMETER LANDSCAPING
Landscaping must be provided in all property perimeter areas except where
buildings, driveways, pedestrian walkways, driveway visibility and corner
clearance areas are located. One shade tree must be provided for every 25 feet of
street frontage where landscaping is provided. One shade tree must be provided for
every 25 feet along interior property lines where landscaping is provided in the PCC
Mixed -Use 2 (PCC MU-2) land use district. Trees are not required to be evenly
spaced.
2. The following encroachments are permitted into the landscaped setback areas:.
a. "Architectural landscape features" including fountains, water features and
waterfalls, free-standing arbors/pergolas, and similar features, may
encroach into the landscaped setback area subject to site plan review,
provided a minimum landscaped setback of three feet is maintained. The
features may cover a maximum of twenty-five percent of the total area of
the setback and be a maximum of twenty feet in height.
VEHICULAR USE AREAS
Vehicular Use Areas (VUA) include surface parking lots. Landscaping in the
VUAs must cover a minimum of five percent of the VUA and be distributed
throughout the VUA for any new surface parking lots. Such landscaping is in
addition to the required property perimeter and building perimeter landscaping.
a. Planting areas containing trees must have a minimum width of 5 feet except
Page 78 FEBRUARY2022
for existing planting areas. Trees are required to provide shade.
MINIMUM SIZES FOR PLANT MATERIAL
1. The minimum tree container size for all trees on site shall be provided as follows:
larger.
a. At least twenty percent (20%) of the trees must be thirty-six inch (36") box size or larger.
b. At least thirty percent (30%) of the trees must be twenty-four inch (24") box size or
c. The remaining fifty percent (50%) must be fifteen (15) gallon size or larger.
d. The Director of Development Services may approve smaller tree container sizes than
required based on site conditions, however no tree may be smaller than a fifteen (15) gallon
size.
2. Shrubs must be planted from a minimum five (5) gallon size container. One (1) gallon size
containers may be allowed for shrubs that are not commonly available in five (5) gallon size
containers, subject to approval by the Director of Development Services.
F. COMMON RECREATION FACILITIES/OPEN SPACE AND
PRIVATE OPEN SPACE
Common recreation facilities/open space and private open space are required for multiple -family
residential uses in the PCC Mixed -Use 1 and PCC Mixed -Use 2 districts. Common recreation
facilities/open space are not required for the townhomes.
Common recreation facilities/open space are facilities that are accessible to all multiple -family
residential unit occupants. Common recreation facilities may include indoor and/or outdoor areas.
Indoor areas may include, but are not limited to, gyms or fitness areas, indoor pools, indoor spas
and saunas, multi -purpose recreation and community rooms and similar facilities.
Private open space includes decks, patios and balconies that are accessible from the multi -family
residential unit or townhome unit and exclusively devoted to that unit. There is no requirement to
provide private open space for each multiple -family residential unit, however, any private open
space that is provided must meet minimum dimensions. In order to count towards these
requirements, the minimum dimensions for any private open space shall be 5 feet in width by 5
feet in length.
Multiple -family residential units must provide an average of 100 square feet per unit in combined
common recreation facilities/open space and private open space. Townhomes must provide a
minimum of 100 square feet of total private open space. In order to count towards these
requirements, the minimum dimensions of private open space for townhome units shall be 5 feet
in width by 5 feet in length.
Page 79 FEBRUARY2022
G. PUBLIC SAFETY
In an effort to ensure the safety of residents, employees and visitors to the Pacific Coast Commons
Specific Plan area, the following strategies must be incorporated into site development:
1. Lighting must be adequate throughout the Specific Plan area and shielded to
minimize off -site illumination. Submittal of photometric studies is required as part
of any site plan review submittal which includes parking lots, and parking structures
in the Specific Plan area.
2. The site design and operation must comply with fire and police safety regulations
with regard to site layout, building configurations, landscape design, and
infrastructure requirements.
Street lighting must be provided in accordance with ESMC requirements.
H. SIGNAGE
Signage within the Specific Plan area must conform to the signage regulations of
ESMC Chapter 15-18 except as established and approved in a Master Sign Program
for each land use district in the Specific Plan. The existing Master Sign Program
for the existing buildings in the Specific Plan area (for the Aloft and the Fairfield
Inn and Suites hotels) remains in effect and is excluded from the Master Sign
Program requirements for the new development.
2. Section 15-18-3 shall apply relating to exempt signs.
3. Neon signage is not permitted on any building facades facing west in the PCC
Mixed -Use 1 land use district or on any building fagade facing west in the PCC
Commercial-3 land use district. Neon signage is not permitted on the Palm Avenue
street frontage or on any building facades facing west in the PCC Mixed -Use 2 land
use district between Mariposa and Palm Avenues or along the Palm Avenue.
4. The following signs are not permitted within the Specific Plan:
« Balloons or other inflated devices or signs used in conjunction with
commercial premises for commercial purposes; unless allowed by a
temporary sign permit
« Beacon signs
« Billboards, as defined in the ESMC
« Pole signs
Signs incorporating flashing or blinking lights
• Signs that flash, rotate, pulsate or otherwise move in a way to create a
traffic hazard
« Signs that emit sounds, odor or visible matter such as smoke or steam
Strobe lights used in signs; and
Page 80 FEBRUARY2022
Trailer or portable signs except for sandwich board signs for restaurants.
5. A Master Sign Program for each land use district in the Specific Plan area must be
developed and submitted for review and approval by the Director of Development
Services concurrent with the first site plan review in that land use district within the
Specific Plan. The Master Sign Program must include the following elements:
Master signage (entryways, common sign design throughout the Specific
Plan area);
Sign standards developed for the mixed -use multiple -family residential and
commercial development;
0 Provisions for wayfinding and decorative elements such as banners;
0 General features that all signs are required to comply with; and
0 Regulations for temporary signs (including construction signs).
I. SUSTAINABILITY
All new development must have buildings designed to be energy efficient to meet
or exceed Title 24 requirements.
2. The Project parking lot areas must include storm water management practices that
treat storm water runoff in compliance with the ESMC and all applicable law.
3. Bicycle parking must comply with the ESMC and Cal Green Code.
4. Exterior lighting must be energy efficient and designed to minimize light pollution.
5. Low -emitting building materials must be utilized.
6. Roof structures of new buildings must be designed to support solar panels.
7. Reclaimed water must be utilized for all landscaped areas if available and feasible.
I ENCLOSED AND UNENCLOSED USES
All uses must be conducted wholly within an enclosed building or structure except for the
following:
1. Mechanical equipment provided they comply with the requirements of ESMC § 15-
2-8.
I Outdoor restaurants and cafes incidental to the permitted use, provided they comply
with the provisions of ESMC § 15-2-16.
Page 81 FEBRUARY2022
3. Recreation facilities customarily conducted in the open (including but not
limited to pools and play equipment).
4. Outdoor private common area for residential developments.
5, Wireless communications facilities (including antennas, and dishes) provided they
comply with the requirements of ESMC Chapter 15-19 subject to applicable law.
K. NON -CONFORMING USES AND BUILDINGS
Any existing uses, buildings, structures, parking areas, landscaping and signage located in
the PCC Commercial-1 (PCC COM-1), PCC Commercial-2 (PCC COM-2), and PCC
Commercial-3 (PCC COM-3) that become non -conforming at the time of adoption of this
Specific Plan will be permitted to remain.
Until such time as building permits are issued for development of the Specific Plan, the
existing food and beverage building may continue to be used for commercial, restaurant
and meeting spaces.
Page 82 FEBRUARY2022
VII. ADMINISTRATION
A. INTRODUCTION
Unless regulated by this Specific Plan, development will be administered and enforced by the City
in accordance with the ESMC. This Specific Plan supersedes any conflicts with ESMC zoning
regulations.
l , The Director of Development Services may grant administrative use permits in
accordance with ESMC Chapter 15-22.
2. The Director of Development Services may make other administrative
determinations using the same procedures set forth in ESMC Chapter 15-22.
3. The Director of Development Services may grant adjustments in accordance with
ESMC Chapter 15-22.
4. The Planning Commission may grant conditional use permits in accordance with
ESMC Chapter 15-24.
5, The Director of Development Services may grant off -site parking covenants
between parcels within the Specific Plan area in accordance with ESMC Chapter
15-15.
6. The Director of Development Services may grant modifications to the number of
parking spaces as determined in a parking demand study in accordance with Section
VID of this Plan and ESMC Chapter 15-15.
B. MUNICIPAL CODE REFERENCES
All section references in the Specific Plan refer to the El Segundo Municipal Code (ESMC) as
adopted at the time of Specific Plan approval.
C. MODIFICATIONS
1. Major Modifications
The following modifications constitute a Major Modification and require an amendment to
this Specific Plan:
a. Any decrease in the required building setbacks as set forth in Section VI.13.3
above;
Page 83 FEBRUARY2022
b. Any increase in the total developable square footage of the entire Specific
Plan in excess of the maximum allowable development intensity allowed
under the Specific Plan;
c. Any increase in height of buildings or structures on the Property above 5
feet;
d. Any change in use to a use which is not permitted under the Specific Plan,
except as approved by the Director in accordance with Chapter 15-22 of the
ESMC;
Any change in the land use plan categories identified in Exhibit 5 of this
plan;
f. Any decrease in the minimum required lot area;
g. Any decrease in the minimum required lot frontage;
h. Any material modification that requires modification to the EIR other than
an Addendum; and
Any modification deemed by the Director of Development Services as a
major modification and requiring amendment to this Specific Plan.
2. Minor Modifications
Any modification to this Specific Plan not listed above as a "major modification,"
including a use approved subject to an Administrative Use Permit, is a Minor Modification.
The Developer may make Minor Modifications without amending this Specific Plan upon
the administrative approval of the Director of Development Services or designee, provided
that such modifications are consistent with the Development and Design Standards,
Applicable Rules, and Project Approvals. Such Minor Modifications may include:
Modifications to infrastructure sizing based upon final engineering plans
approved by the City.
Adjustments, Administrative Determinations subject to the requirements in
Section VII.A, above.
D. SITE PLAN REVIEW
1. Overview
In order to develop a Project that is in conformance with the uses, density, approved FAR,
and Design Guidelines of this Specific Plan, a Site Plan Review ("SPR") application shall
be filed with the Development Services Department in accordance with ESMC Chapter 15-
Page 84 FEBRUARY2022
25 except as specified below.
2. Site Plan Review - Procedure
a. The Director of Development Services may extend the Site Plan approval
for up to two additional years for good cause upon written request of the
applicant received prior to expiration of the site plan approval.
b. After the Site Plan is approved, the Director of Development Services may
approve minor changes iii the Site Plan or its conditions if the Director finds
that there are practical reasons for such changes, that such changes do not
substantially vary from the previously approved site plan and applicable law
and that such changes do not involve deviations from the design's intent.
3. Exempt Activities
The following is a list of activities which are exempt from the site plan review process.
This list is not all-inclusive; the Director of Development Services may exempt other
activities not listed:
a. All interior changes and alterations
b. Exterior mechanical equipment (heating, air conditioning, water heater,
transformers) designed with mechanical equipment screening compatible
with the architecture of the building to which it is adjacent or affixed.
C. Minor exterior repairs with the same or similar types of building materials
as determined by the Director of Development Services.
d. Minor surface parking area changes and restriping of parking stalls.
e. Re -glazing new mullions.
Re -landscaping consistent with the landscape palette.
g. Repainting..
h. Reroofing with similar style roofing materials.
E. AMENDMENT
In accordance with the Government Code §§ 65450-65457, Specific Plans must be prepared,
adopted and amended in the same manner as General Plans except that Specific Plans may be
adopted by resolution or by ordinance.
This Specific Plan may be amended as necessary by ordinance. Said amendment or amendments
do not require a concurrent General Plan amendment unless the Director of Development Services
Page 85 FEBRUARY2022
determines that the proposed amendment would substantially affect General Plan goals, policies,
objectives or programs.
F. INFRASTRUCTURE IMPROVEMENTS/COORDINATION
The developer and/or property owner shall be responsible for making transportation and
infrastructure utility improvements required by the Pacific Coast Commons Specific Plan. All
improvements shall be to the specifications of the City of El Segundo Development Services
Department, Public Works Department, and/or other applicable departments.
G. FINANCING MEASURES
Implementation and financing of improvements of the Pacific Coast Commons Specific Plan
depend exclusively on private investment and development. The developer and/or property owner
shall be responsible for financing the project, including all improvements and mitigation measures.
H. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The Pacific Coast Commons Specific Plan and related entitlements were approved in accordance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines),
and City policies adopted to implement the CEQA and the Guidelines.
An Environmental Impact Report was prepared and certified by the City Council which establishes
the development thresholds shown in Table VII-1 below.
Table VII-1
California Environmental Quality Act Compliance
The existing development located in the Pacific Coast Commons Specific Plan area totals 324,058
gross square feet (Fairfield Inn and Suites hotel is 217,311 gross square feet and the Aloft hotel is
106,747 gross square feet). A portion of the Fairfield Inn and Suites hotel will be demolished.
More specifically, the 41,660 square -foot 2-story "food and beverage" building (that contains
banquet room facilities, a restaurant and storage uses located at the southwest corner of Pacific
Coast Highway and Mariposa Avenue) will be demolished leaving 282,398 square feet of existing
development to remain within the Pacific Coast Commons Specific Plan area. The CEQA
clearance indicated above analyzes the effects of a maximum of 340,000 gross square feet of new
incremental development per the Specific Plan. Based upon the maximum allowable floor area in
each land use district, the 340,000 square feet will be comprised of 150,000 gross square feet in
the "PCC South" development site (PCC Mixed -Use 1 District), 5,000 gross square feet in the
"Fairfield Parking" site (PCC COM-3 District), and 185,000 gross square feet in the "PCC North"
Page 86 FEBRUARY2022
site (PCC Mixed -Use 2 District). The Development Project depicted in the Conceptual Site Plan
includes 327,068 gross square feet of new development that will occur after the demolition of the
existing 41,660 gross square -foot 2-story "food and beverage" building. The demolition of the
41,660 gross square -foot "food and beverage" building will reduce the existing Fairfield Inn and
Suites Hotel to 175,651 gross square feet in size.
Page 87 FEBRUARY2022
APPENDIX A
PACIFIC COAST COMMONS SPECIFIC PLAN
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL
SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1: (APN: 4139-025-075)
LOT 428 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES
106 AND 107 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 2: (APN: 4139-025-073, 074, 076, 081)
LOTS 385, 386, 387, 429 AND 430 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL
SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 22 PAGES 106 AND 107 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: (APN: 4139-025-091)
LOTS 382, 383, 384, 431, 432 AND 433 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF
EL SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 22 PAGES 106 AND 107 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR UNDERLYING OR THAT MAY BE PRODUCED FROM PARCELS 1 AND 2,
TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO, ACROSS OR THROUGH
THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR PRODUCING
ANY PETROLEUM, GAS, ASPHALTUM, OTHER HYDROCARBONS AND OTHER
MINERALS AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER
SUBSURFACE OPERATIONS AND THE EXCLUSIVE RIGHT TO USE THE SUBSURFACE
OF SAID LAND FOR THE PURPOSE OF INJECTING THEREIN, OR WITHDRAWING
THEREFROM GAS, OIL, OR OTHER SUBSTANCES, WHETHER HYDROCARBON OR
NOT, FOR STORAGE, REPRESSURING, OR OTHER PURPOSES, BUT WITH NO RIGHT
TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL
Page 88 FEBRUARY2022
COMPANY OF CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947
AS INSTRUMENT NO. 480 IN BOOK 24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 4: (portion of APN: 4139-024-057)
THE WESTERLY 60 FEET OF LOTS 2 AND 9 IN BLOCK 113 OF EL SEGUNDO, IN THE
CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 20 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: (APN: 4139-024-058)
LOTS 1, 2,9 AND 10 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 20 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 60 FEET OF SAID LOTS 2 AND 9.
ALSO EXCEPT THEREFROM THE NORTHERLY 181.00 FEET OF SAID LOTS 1 AND 2.
ALSO EXCEPT THE SOUTH 147.03 FEET OF LOT 10.
ALSO EXCEPT THEREFROM ALL PETROLEUM, GAS, ASPHALTUM AND OTHER
HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN
SPECIFIED OR NOT, WITHIN OR UNDERLYING OR THAT MAY BE PRODUCED FROM
SAID LAND, TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO, ACROSS OR
THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR
PRODUCING ANY PETROLEUM AND OTHER HYDROCARBONS, AND OTHER
MINERALS IN AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER
SUBSURFACE OF SAID LAND FOR THE PURPOSE OF INJECTING THEREIN OR
WITHDRAWING THEREFROM GAS, OIL OR OTHER SUBSTANCES, WHETHER
HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING OR OTHER PURPOSES,
BUT WITH NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED
TO STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, BY DEED
RECORDED APRIL 28, 1947 IN BOOK 24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 6: (portion of APN: 4139-024-057)
A PARCEL OF LAND SITUATED IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 113 OF EL
SEGUNDO, AS PER MAP RECORDED IN BOOK 20, PAGES 114 THROUGH 115,
INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT NO. 48436, AS PER
Page 89 FEBRUARY2022
MAP RECORDED IN BOOK 1180, PAGES 68 THROUGH 69, INCLUSIVE, OF MAPS, IN
THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTH
LINE OF PALM AVENUE SOUTH 890 58' 36" EAST 60.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 89° 58' 36"
EAST 13.19 FEET; THENCE SOUTH 00' 03' 15" WEST 181.00 FEET; THENCE NORTH 890
58' 36" WEST 13.11 FEET; THENCE NORTH 00° 01' 50" EAST 181.00 FEET TO THE TRUE
POINT OF BEGINNING.
APN: 4139-025-057 thru 4139-025-058, 4139-025-073 thru 4139-025-076, 4139-025-081,
4139-025-091
Page 90 FEBRUARY2022
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO EXHIBIT C
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF EL SEGUNDO
AND
BRE EL SEGUNDO PROPERTY OWNER A LLC,
BRE EL SEGUNDO PROPERTY OWNER B LLC,
AND
BRE EL SEGUNDO PARKING LLC
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE
§65868.5
TABLE OF CONTENTS
1.
Definitions........... .....................................................»»............
..............,....................»,..1
2.
Recitals ...........................................................,,.,........».,,.............».».........
............... .......... 3
3.
Binding Effect ..............................................»......,.......»»
......................... . . ,.,.......... »., ........4
3.1 Constructive Notice and Acceptance ..... ..................
................... ......... ,.......... ............. ..,» 5
3.2 Rights to Assign and Transfer ............... ............................
......... ........ 5
3.3 Liabilities Upon Transfer ............................... ..............»
............ . ................. ,.. »,....... 5
3.4 Resumption of Rights .............................. ...»...............
,....,........... .,........., --- . .............,.5
4.
Development of the Property ............................ ---- .......
...... -- ....... ---- ,............ ,`.... ...............,..5
4.1 Permitted Uses, Design and Development Standards and Dedication of Land for Public
Purposes., ...................................... ....... ...,,..»................».......
---- ...... --- ... ......... ,........... ........5
4.2 Entitlement to Develop ..... ................. .»......... ..,....
,,...... --- ....... ... .,...... .....,.. .....,.,. ...»..,.5
4.3 Building Regulations ...... ........ ........ ........ ».,.............
................... ..., .., ................., ........6
4.4 Subsequent Rules ..............................................
.............. ....,........,........... .........--- .... 6
4.5 Fees, Exactions, Mitigation Measures, Conditions,
Reservations and Dedications ..................6
4.6 Use of Easements.............................................................
.,......,.. ........ ..... ..,........ ,, 6
4.7 Timing of Development .....................» .„......,........,
.,........,..,,. .. ..,»... »......... ............»....6
4.8 Moratorium...................................................... .....
......... ...................... ..,.,.... .,......7
4.9 Term ............................ ........... ............. ..............
....... .......................... . .,.....,, .......,.7
4.10 Term of Map(s) and Other Project Approvals ,......»
.......... ........... ....... ................ ........7
4.11 Future Approvals............................................................----
.............. .»............, ........ 8
4.11.2 Modifications Requiring Amendment to this
Agreement ............................................. 8
4.12 Site Plan Review. ..................................................
..... .................. ............. ......., 8
4.13 Issuance of Building Permits .............. ............................
........... .......... ...... ......... ..........9
5.
Developer Agreements ............................ ......... ...........
.................. ....... —....... ...,,...,............,.......... 9
5.1 General ............».... .................................--...........--........................
.».,»...........,........ ., 9
5.2 Affordable Housing..........................................................
........ ............. ., ............,...,.9
5.3 Undergrounding of Utilities ..........................» ....,.,....,.,...,..........
. ,....... ........................... 10
5.4 Traffic Improvements ..............................................,,.................
......... ........................10
5.4.1 Preferential Parking Zone .................... .........
................ ...... ................... ..,...... 10
5.4.2 Additional Community Circulation Benefit
.... ......... ................. ......... ................. 10
5.5 Landscaping..........................................................
................ ........ ......... ..,..... ...... 10
5.5.1 Landscaping Requirements........................................................................................10
5.5.2 Indiana Street..................................................................
........ ......... ........,..,,....,11
ii
5.5.3 Pacific Coast Highways/Hotels ............. ....... ....... «.......
......... .......,.......... ,.,.... 11
5.5.4 PCC North ....................... .............. ....................... .
....... .......................
5.5.5 PCC South .,........... ........ ............. ........... ................. .........
........ .........................11
5.6 Enhanced Paving ....... ..... ....« . .....,,,.,.....,,,,.,,, ......,.,,., ..........,,
....... ............. - ,......,.......,11
5.7 EV Charging Stations ............................. .............. ......................,.,
......... ...........,«.........,..,11
5.8 Solar Panels and Battery Storage ... ,.......... ..„.......... ........ ........
......... ........ .................11
5.9 Fencing .......................................... __ ................... ....... ......,,,,.,.,
........ ,„..... .....,.,.........12
5.10 Community Non -Profit Space .................... .................. .........
........ , ..,... .« ,...............12
5.11 Development Fees .......................... ___ ........ ,............ ,....... ..............
.,,., .....,.. ,..........<,...,12
5.12 Maintenance Obligations ................. .............. ..... ........._,
..... ......,.......... ., ...,.........,. 12
5.13 Sales and Use Tax .............................. ..................... ...............
.............. ......... .... ...............13
6. City Agreements ,......... ..«......................... ........... ___ ........... ,....«..,..
......, ..,.,,., .,.,,.,,,,......13
6.1 Expedited Processing ....... ............... -......... ,., .........,.........
,,,. ,,......,...... .«...... ,.......... ,,.13
6.2 Processing Cooperation and Assistance ............ ........ ........ ..........•.....
«,,...... ,.,........ ,....13
6.3 Processing During Third Party Litigation ......... ......... .......«.........
,,.....,....... .,,..,............. .......... 14
6.4 Performance of Director Duties ....................... ......... ........ ..................
........ ...............14
7. Modification/Suspension................................................... ...... .«,......
.......,............... ,............. 14
8. Demonstration of Good Faith Compliance ...... ........... ............... .......
„........... ,......... .............. 14
8.1 Review of Compliance ................................... ........
..„..... ,.„.....................14
8.2 Good Faith Compliance ................................................ ..
..............14
8.3 City Report - Information to be Provided to Developer.................
...............„,,......................14
8.4 Developer's Report ....................................... ........ ...................
.«......... ...................15
8.5 Notice of Non -Compliance; Cure Rights...............................................................................15
8.6 Public Notice of Findings ................................ .......... ................
.,.,...... ...... ....,...... ___ ......... 15
8.7 Failure of Periodic Review .................................. ...............«.........
.,,.,...... ..,.,,........ ,........... 15
9. Excusable Delays ........................... ................... ........ ...................
....... ..........................15
10. Default Provisions ............................................. .................... ___
...... ..... ...........15
10.1 Default ................................. ... ...............,.......,„ ........... ,,..........
.,«,.... ,.,........... ,,.......... 15
10.2 Content of Notice of Violation.. ................ ..............,.,«, ........,
.,,......... ... ., _..........16
10.3 Remedies for Breach ............... ... ....................... ...... ....................
„.... ....,..,.........16
10.4 Resolution of Disputes .................... .............. ... ..........
...... ....„,....... ...,,,...„..... ...... 16
10.5 Attorney's Fees and Costs ........ ......... ......... .......«... ....., .,,,.,...
.___ .......... . ,...............16
11. Mortgagee Protection................................................................................................................16
11.1 Mortgage Not Rendered Invalid.... ........ ..........,.... ,.
...... .,,....... ..,..... .................17
11.2 Request for Notice to Mortgagee ....... ......... .«,..,,............,..,....
........ .....,., ....... .,.,...... 17
11.3 Mortgagee's Time to Cure ...................... ..«,............. ,,........ ____
.......... ............................... 17
iii
11.4 Cure Rights..............................................................
...,,,........... ,.».»......,,,,, .................17
11.5 Bankruptcy- ............ .»...,.,,..,.»...................... ,.,,...
....... ,,,,,.., ....... ,............ ,....,,....,,,...... 17
11.6 Disaffirmation ........ ................... .......»....................
,,..,,..,.............. .........,...... .,... ........ »,...... 18
12. Estoppel Certificate .................... .............» .....,...............,...».........
... ,.,...... ............ .,........ .18
13. Administration of Agreement .......................................
....»,,............. ....... ,....... ,..,,.,,»,.,18
13.1 Appeal of Staff Determinations ........................ ...................
..................... - ....... ,,...,.......... .18
13.2 Operating Memoranda ....... ............ ............................
.....». .......... ..... ..... ................18
13.3 Certificate of Performance..................................................................................................19
14. Amendment or Termination by Mutual Consent ........
........ ..»,»,....... ,.,.,,<........... - .... .............. ..19
15. Indemnification/Defense......................................................
,,..., ,,....... ...... ......,..,».....19
15.1 Indemnification................................................ ................
............ ................ . ......... .».»,..19
15.2 Defense of Agreement .................................... .............................
........ .....,„. ,.,.....».,,.....19
16. Cooperation in the Event of Legal Challenge .... ............
..»».......... ,.... ,.,,............. ....................... ..19
16.1 Third Party Challenges ........................................
... ........ ........ .................. ................ 19
16.2 Third Party Challenges Related to the Applicability
of City Laws ...... ............... »............... 20
17. Time of Essence ................................. „» ...... .,..,.. ,».......,,.».,
. »......,. .................. ,.... .... ,,...... 21
18. Effective Date...........................................................................................................................21
19. Notices......................................................................................................................................21
20. Entire Agreement.... .. ................. ......... ...............»..........
,.,.. ....... ........ - ...... 22
21. Waiver ............. ............. ............. .... ........»....... ..,.,, ,.....,,
.,.,...,.......,,.. ............,..,.. ................22
22. Supersession of Subsequent Laws of Judicial Action
... ................ ................. «..-..,,..................... 22
23. Severability ............................. ............... ........................
............ ........ ...... .................22
24. Relationship of the Parties ..................................» ......
.,...».........,., ,,............., »...,......,,....22
25. No Third -Party Beneficiaries .................... ...............
,............ ,,.,.,.,.,..................... .................22
26. Recordation of Agreements and Amendments ....___
..... ...... ................. ..» ......... ..•. ............-.22
27. Cooperation Between City and Developer ........... ........
......... ......... ........ ......... ..»..........,.22
28. Rules of Construction...................................................
»,.»,....,........,,,»,........ ..,,,,............. .,,..... .,,23
29. Joint Preparation.. .................. ... - .............., ..........___
........... ,. ,,..., .......... ...... ..,......,...,..23
30. Governing Law and Venue .................................. ......................
.... ...... ........ .............23
31. Counterparts.........................................................
............. ................... ... ....... ,...,,........ ...23
32. Weekend/Holiday Dates ............................... ,......,.....»
........,...... -......... ,,,,.. ..».,.., »........,,.23
33. Not a Public Dedication ..................................... .............
,,...,,......... ,...,............ ,........ .,...,....,...... 23
34. Releases............................................................ ...........................
.....,.,.,...,..,.,...,................23
35. Consent ............................... ..............................................
.,...,,. .....»., ...,,.». ,.......,.....,...23
iv
EXHIBITS
ALEGAL DESCRIPTION .................. ...... .... -....,.............. - .......... ....., ...............
B ASSIGNMENT AND ASSUMPTION AGREEMENT ........ ............................ -
C PACIFIC COAST COMMONS SPECIFIC PLAN LAND USE DISTRICTS ......
D AFFORDABLE HOUSING COVENANTS ........................... ....•.......,..........
v
.................... 25
.................... 27
.................... 29
.. ............... 30
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is made and entered into by and among the
CITY OF EL SEGUNDO, a municipal corporation (referred to hereinafter as "City") and BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE El Segundo
Parking LLC, all Delaware limited liability companies (hereinafter collectively referred to as `BRE"
or "Developer") as of this 19th day of April, 2022. City and Developer are referred to hereinafter
individually as "Party" and collectively as "Parties". In consideration of the mutual covenants and
agreements contained in this Agreement, City and Developer agree as follows:
1. Definitions. Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this Agreement. Words and
phrases not defined in this Section will have the meaning set forth in this Agreement, the El Segundo
Municipal Code, or in common usage.
"Applicable Rules" means:
The El Segundo General Plan, as it existed on the Approval Date, as modified by the
Project Approvals;
The El Segundo Municipal Code, as it existed on the Approval Date, as modified by
the Project Approvals;
Such other laws, ordinances, rules, regulations, and official policies governing
permitted uses of the property, density, design, improvement, development fees, and
construction standards and specifications applicable to the development of the
Property in force at the time of the Effective Date, which are not in conflict with this
Agreement.
"Approval Date" means April 19, 2022, the date on which the last of the Project Approval
applications was approved by the City.
"Approved Plans" means a plan for any aspect of the Project, including, without limitation,
the Site Plan, signage plans, and landscaping and irrigation plans, which are approved by the City in
accordance with the Applicable Rules, and Project Approvals.
"Building Regulations" means those regulations set forth in Title 13 of the ESMC.
"CEQA" means the California Environmental Quality Act, Public Resources Code § 21000
et seq.
"CEQA Guidelines" means the regulations implementing CEQA which have been adopted
by the State and found at Title 14 of the California Code of Regulations, § 150000 et seq.
"City Council" means the City Council of the City of El Segundo.
"Developer" means BRE El Segundo Property Owner A LLC, BRE El Segundo Property
Owner B LLC, and BRE E1 Segundo Parking LLC, and their transferees, assigns and successors in
interest.
Page 1
"Development Standards" means the design and development standards that are applicable to
the Project as set forth in the Specific Plan.
"Director" means the Director of Development Services, or his designee.
"Effective Date" means the date on which the Enabling Ordinance becomes effective in
accordance with Government Code § 36937.
"ESMC" means the El Segundo Municipal Code.
"Enabling Ordinance" means Ordinance No. 1635, approving this Development Agreement.
"Future Approvals" means such subsequent discretionary and ministerial entitlements,
including permits, which are required to develop the Project in addition to the Project Approvals, and
which are applied for by the Developer and approved by the City. Once approved, a Future Approval
becomes part of the Project Approvals.
"Party" means the City or the Developer. "Parties" shall mean both the City and the Developer.
"Person" means a natural person or any entity.
"Project" means the development of the Property in accordance with the Project Approvals.
"Project Approvals" means:
Final Environmental Impact Report (FEIR) No. EA-1248, as certified by Resolution
No. 5319 on March 15, 2022;
Mitigation Monitoring Program for FEIR No. EA-1248, as adopted by Resolution No.
5319 on March 15, 2022;
* General Plan Amendment No. GPA 19-01, as approved by Resolution No. 5319 on
March 15, 2022, including a change in the Land Use Map;
• Pacific Coast Commons Specific Plan No. SP 19-01, as adopted by Ordinance No.
1635 on April 19, 2022;
• Zone Change No. ZC 19-01, as approved by Ordinance No. 1635 on April 19, 2022,
including a change in the Zoning Map;
Zone Text Amendment No. ZTA 19-08, as approved by Ordinance No. 1635 on April
19, 2022;
Vesting Map No. 82806, as approved by Resolution No. 5319 on March 15, 2022;
Page 2
Site Plan Review No. SPR 19-01, as approved by Resolution No. 5319 on March 15,
2022;
This Development Agreement (DA No. 19-02) as approved by Ordinance No. 1635
on April 19, 2022;
Modification of Resolution Nos. 2759 and 2760 to rescind the previous approvals
SUB NO. 14-05, Lot Tie Covenant No. 14-03, Off -Site Parking Covenant Nos. MISC
14-03 and 14-06, leaving in place CUP No. 14-01 for the Fairfield Inn and Suites
Hotel and CUP NO. 14-02 for the Aloft Hotel, along with alcohol service at both
hotels with modification to the conditions of approval accordingly;
Parking Demand Study and Shared Parking Analysis to establish the parking
requirements for the proposed commercial and residential development combined
with the existing hotel development;
Shared Parking Agreement in conjunction with the Parking Demand Study and Shared
Parking Analysis, to replace the previous approval of Off -Site Parking Covenant Nos.
MISC 14-03 and MISC 14-06; and
Reciprocal Access Agreements for driveways and drive aisles accessing multiple
parcels.
"Property" refers to that approximate 9 acres which is described in Exhibit A, attached hereto
and incorporated herein by reference.
"Specific Plan" or "PCCSP" means the Pacific Coast Commons Specific Plan.
"Subsequent Rules" means any changes to the Applicable Rules, including, without limitation,
any change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or
instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or
any other board, agency, commission or department of the City, or any officer or employee thereof,
or by the electorate, which would, absent this Agreement, otherwise apply to the Property.
"Transferee" means a Person which assumes in whole or in part the rights and obligations
under this Agreement with respect to all or a portion of the Property.
2. Recitals. This Agreement is made with respect to the following facts and for the following
purposes, each of which is acknowledged as true and correct by the Parties:
2.1 Pursuant to Government Code § 65865 et seq., the City is authorized to enter into a
binding contractual agreement with any person having a legal or equitable interest in real property
for the development of such property.
2.2 Developer warrants that it is the owner of the Property.
Page 3
6 412
2.3 Developer desires to redevelop the Property in accordance with the Project Approvals.
2.4 By this Agreement, each Party desires to obtain the binding agreement of the other
Party to develop the Property in accordance with the Project Approvals, Applicable Rules and this
Agreement. In consideration thereof, the City agrees to limit the future exercise of certain of its
governmental and proprietary powers to the extent specified in this Agreement.
2.5 City and Developer have acknowledged and agreed that the consideration that is to be
exchanged pursuant to this Agreement is fair, just and reasonable.
2.6 The Project is consistent with the City's General Plan, as amended (the "General
Plan").
2.7 Development of the Project has, and will continue to, further the comprehensive
planning objectives contained within the General Plan, and will result in public benefits, including,
among others, the following:
2.7.1 . Providing needed housing, including thirty-two units of affordable housing;
2.7.2 Providing both short-term construction employment and long-term permanent
employment within City;
2.7.3 Providing a dedicated right -turn only lane on east bound Mariposa Avenue to
southbound Pacific Coast Highway; and
2.7.4 Those other items which Developer has agreed to as set forth in Section 5.
2.8 On February 10, 2022, the Planning Commission of the City commenced a duly
noticed public hearing on the Project Approvals. At the conclusion of the hearing the Planning
Commission recommended that the City Council approve the Project Approvals.
2.9 On March 15, 2022, the City Council commenced a duly noticed public hearing on
the Project Approvals. Prior to approving this Agreement by the Enabling Ordinance, the City
Council adopted Resolution No. 5319 approving the FEIR.
2.10 All of the Property is subject to this Agreement.
3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the
Agreement inure to the City and the Developer and each successive transferee, assign and successor
in interest thereto and constitute covenants that run with the land. Any and all rights and obligations
that are attributed to the Developer under this Agreement shall run with the land. For purposes of
this Agreement, until such time as any portion of the Property may be transferred, BRE El Segundo
Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE El Segundo Parking
LLC, shall be jointly and severally liable for all obligations set forth in this Agreement. In the case
of a partial transfer, Developer may identify which of the three BRE entity or entities remain liable
for any obligations remaining with Developer.
Page 4
f
3.1 Constructive Notice and Acce fence. Every person who acquires any right, title or
interest in or to any portion of the Property in which the Developer has a legal interest is, and shall
be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or
not any reference to this Agreement is contained in the instrument by which such person acquired
such right, title or interest.
3.2 Ri hts to Assi ggt7 and Transfer. Developer may assign or transfer its rights and
obligations under this Agreement with respect to the Property, or any portion thereof, to any person
at any time during the term of this Agreement without approval of the City. For purpose of this
Agreement, the Transferee must be considered the "owner" of that portion of the Property which is
covered by such transfer.
3.3 Liabilities U on Transfer. Upon the delegation of the duties and obligations under
this Agreement and the sale, transfer or assignment of all or any portion of the Property, Developer
will be released from its obligations under this Agreement with respect to the Property, or portion
thereof, so transferred arising subsequent to the effective date of such transfer, if. (i) Developer has
provided to the City prior or subsequent written notice of such transfer; and (ii) the Transferee has
agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property
so transferred by executing an Assignment and Assumption Agreement in the form of Exhibit B
attached hereto and incorporated herein by reference. Upon any transfer of any portion of the
Property and the express assumption of Developer's obligations under this Agreement by such
Transferee, the City agrees to look solely to the Transferee for compliance by such Transferee with
the provisions of this Agreement as such provisions relate to the portion of the Property acquired by
such Transferee. Any such Transferee shall be entitled to the benefits of this Agreement as
"Developer" hereunder and shall be subject to the obligations of this Agreement applicable to the
parcel(s) transferred. A default by any Transferee shall only affect that portion of the Property owned
by such Transferee and shall not cancel or diminish in any way Developer's rights hereunder with
respect to any portion of the Property not owned by such Transferee. The Transferee shall be
responsible for satisfying the good faith compliance requirements set forth in Section 8 below relating
to the portion of the Property owned by such Transferee, and any amendment to this Agreement
between the City and a Transferee shall only affect the portion of the Property owned by such
Transferee.
3.4 Resutnojpn-aUights. If Transferee defaults with respect to any provision of this
Agreement, Developer may, but is not obligated to, resume Transferee's obligations upon written
notification to City.
4. Devgl prnent of the Propetty. The following provisions, in addition to the Applicable Rules,
shall govern the development of the Project.
4.1 Permitted Uses Design and Development _Standards and Dedication of Land for
Public Purposes. The permitted, administratively permitted, and conditionally permitted uses of the
Property as well as the Development Standards and provisions for reservation or dedication of land
for public purposes are set forth in the Project Approvals and Applicable Rules.
4.2 Entitlement to Devel). The Developer is granted the vested right to develop the
Project subject to the Applicable Rules, the Project Approvals, and any Future Approvals.
Page 5
4.3 Buildina lieaulations. Notwithstanding Section 4.4 below, all construction on the
Property shall adhere to the Building Regulations in effect at the time an application for a building
permit is submitted and to any federal or state building requirements that are then in effect at such
time. Additionally, nothing in this Agreement prevents the City from applying "standard
specifications" for public improvements (e.g., streets, storm drainage, parking lot standards,
driveway widths), as the same may be adopted or amended from time to time by the City, provided
that the provisions of any such standards and specifications apply only to the extent they are in effect
on a Citywide basis and do not conflict with the provisions of the Specific Plan.
4.4 Subuent l rLls. Subsequent Rules cannot be applied by the City to the Project
unless the Developer gives the City written notice of its election to have such Subsequent Rule
applied to the Project, in which case such Subsequent Rule is deemed to be an Applicable Rule.
4.5 Fees _. xactions, Miti ation easure _'.Or�ditiO_ns, Reservations and Dedications.
4.5.1 Subject to sections 4.5.2, 4.5.3, and 5.2, all fees, exactions, mitigation
measures, conditions, reservations and dedications of land for public purposes that are applicable to
the Project are set forth in the Applicable Rules, the Project Approvals, and this Agreement.
4.5.2 Except as otherwise provided in this Agreement, and specifically excluding
fees set by entities not controlled by the City that are collected by the City, the City can only charge
and impose those fees and exactions, including, without limitation, dedication and any other fee
relating to development or the privilege of development, which are in effect on a City-wide basis as
of the Effective Date.
4.5.3 The Developer must pay the amount of the impact fees that are in effect at the
time of application for the building permit pursuant to City Council Resolution Nos. 4443 and 4687,
or such subsequent resolutions as may be adopted by the City Council in accordance with applicable
procedures, but shall not be required to pay any new impact fees that are not in effect at the time of
Project Approvals.
4.5.4 This Section shall not be construed to limit the authority of the City to charge
normal and customary application, processing, and permit fees, including legal and environmental
processing costs, for land use approvals, building permits and other similar permits, for Future
Approvals, which fees are designed to reimburse City's actual expenses attributable to such
application, processing and permitting and are in force and effect on a City-wide basis at such time
as applications for such approvals are filed with the City.
4.6 Use of Easements. Notwithstanding the provisions of the Applicable Rules,
easements dedicated for vehicular and pedestrian use shall be permitted to include easements for
underground drainage, water, sewer, gas, electricity, telephone, cable, and environmental
remediation and other utilities and facilities so long as they do not unreasonably interfere with
pedestrian and/or vehicular use.
4.7 °11 t1iin Dev to a ent. In Pardee Construction Co. v. City of Camarillo (Pardee),
37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to
provide for the timing or rate of development resulted in a later -adopted initiative restricting the rate
Page 6
1
of development to prevail against the parties' agreement. City and Developer intend to avoid the
result in Pardee by acknowledging and providing that Developer shall have the right, without
obligation, to develop the Property in such order and at such rate and times as Developer deems
appropriate within the exercise of its subjective business judgment subject to the terms of this
Agreement.
In furtherance of the Parties' intent, as set forth in this Section, no future amendment
of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the sequencing of
development phases, whether adopted or imposed by the City Council or through the initiative or
referendum process, shall apply to the Property. However, nothing in this Section shall be construed
to limit City's right to enforce Developer's obligation pursuant to this Agreement to provide all
infrastructure required by the Project Approvals and this Agreement.
4.8 Moratorium.
4.8.1 The City shall not impose a moratorium on the Property that restricts
development of the Project unless such is necessary to protect against a significant threat to the health,
safety and welfare of the City.
4.8.2 Except as provided in Section 4.8.1 above, no City -imposed moratorium or
other limitation (whether relating to the rate, timing or sequencing of the development or construction
of all or any part of the Project, whether imposed by ordinance, initiative, resolution, policy, order or
otherwise, and whether enacted by the City Council, an agency of the City, the electorate or otherwise)
affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits,
occupancy certificates, or other entitlements to use or service (including, without limitation, water
and sewer), approved, issued or granted within the City, or portions of the City, applies to the Project
to the extent such moratorium or other limitation is in conflict with this Agreement. However, the
provisions of this Section do not affect the City's compliance with moratoria or other limitations
mandated by other governmental agencies or court -imposed moratoria or other limitations.
4.9 Term. This Agreement shall be in effect for a period of 15 years from the Effective
Date of the Enabling Ordinance. However, the Developer or the City shall be entitled to, by written
notice to the other Party prior to the Agreement's expiration, one (1) five (5)-year extension, provided
that the requesting Party is not in material default of this Agreement at such time beyond any
applicable period to cure provided for by Section 8.5 below. Before the expiration of the five (5)
year extension, the Parties may mutually agree to further extensions. In the event of litigation
challenging this Agreement, the Term is automatically suspended for the duration of such litigation
and resumes upon final disposition of such challenge and any appeal thereof upholding the validity
of this Agreement. In the event that a referendum petition concerning this Agreement is duly filed
in such a manner that the ordinance approving this Agreement is suspended, then the Term is deemed
to commence upon City Council certification of the results of the referendum election approving this
Agreement.
4.10 Term of Map(s),. and Other PL(( ect Approvals. Pursuant to California Government
Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in
the future may be processed on all or any portion of the Property and the term of each of the Project
Page 7
Approvals shall be extended for a period of time through the scheduled termination date of this
Agreement as set forth in Section 4.9 above, including any extensions thereto.
4.11 Future Al r aI-; ,.
4.11.1 Minor Modifications to Project. The Developer may make minor changes to
the Project and Project Approvals ("Minor Modifications") without the need to amend this
Agreement upon the administrative approval of the Director.
(a) Minor Modifications include:
(i) A modification to the Site Plan approved by the Director in
accordance with section VII.D.2 of the Specific Plan;
(ii) A modification to the Site Plan approved by the Planning
Commission through the Site Plan Review procedure contained in ESMC Chapter 15-30, provided
the change does not include any change which would qualify as a Major Modification under section
4.11.2 below;
(iii) A Minor Modification to the Specific Plan as identified in
Section VII.C.2 thereof, and
(iv) Any other change that does not qualify as a Major Modification
as defined below.
(b) The City shall not unreasonably withhold or delay approval of any
Minor Modification. The City shall have the right to impose reasonable conditions in connection
with Minor Modifications, provided, however, such conditions shall not be inconsistent with the
Applicable Rules, the Project Approvals or with the development of the Project as contemplated by
this Agreement.
(c) A Minor Amendment approved by the City shall continue to constitute
a Project Approval as referenced herein.
4.11.2 Modification5jigguiring Amendment to this Agreement. Any proposed
modification to the Project which results in any of the following shall constitute a Major Modification
and shall require an amendment to this Agreement pursuant to Section 14 below:
(a) Any change which constitutes a Major Modification to the Specific
Plan as identified in Section VII.C.1 thereof; or
(b) Any change which creates a new environmental impact which cannot
be mitigated to a level of insignificance.
4.12 Site Plan Review. Site Plan Review approval shall be required in accordance with
Chapter 15-30 of the El Segundo Municipal Code. Nothing in this Agreement is intended to limit
the applicability of the Site Plan Review requirement in Chapter 15-30 of the ESMC.
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4.13 lssuan of Building Permits. No building permit, final inspection or Certificate of
Occupancy will be unreasonably withheld, conditioned, or delayed from the Developer if all
infrastructure required to serve the portion of the Property covered by the building permit, final
inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by
covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City prior to
completion of construction and all of the other relevant provisions of the Project Approvals, Future
Approvals and this Agreement have been satisfied.
5. Developer loper A reed.
The Property is divided up into the following five land use districts from south to north as
shown on Exhibit C: PCC Mixed -Use 1(PCC South); PCC Commercial-1 (Aloft Hotel); PCC
Commercial-2 (Fairfield Hotel); PCC Commercial-3 (Fairfield Parking); and PCC Mixed -Use 2
(PCC North).
5.1 C,eneral. The Developer shall comply with: (i) this Agreement; (ii) the Project
Approvals, including without limitation all mitigation measures required by the determination made
pursuant to the California Environmental Quality Act; and (iii) all Future Approvals for which it is
the applicant or a successor in interest to the applicant.
5.1.1 In the event that any of the mitigation measures or conditions required of
Developer hereunder have been implemented by others, Developer shall be conclusively deemed to
have satisfied such mitigation measures or conditions, consistent with CEQA. If any such mitigation
measures or conditions are rejected by a governmental agency with jurisdiction, the Developer may
implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's
satisfaction, in lieu of the rejected mitigation measures or conditions. Such substitution shall be
deemed to be a Minor Modification pursuant to Section 4.11.1 above.
5.1.2 Except for dedications made with the recordation of Vesting Map No. 82806,
all other dedications and improvements required as part of the Project Approvals shall be required
concurrent with the development of the adjacent district, except as may otherwise be specified herein.
5.2 Affordable Housing. Developer shall provide a total of 15 affordable housing units
in PCC South and 17 affordable units in PCC North to persons who qualify as low or very -low income
households for 55 years as further detailed in accordance with the housing covenants to be recorded
against the property as set forth in Exhibits D 1 and D2 (Agreements Creating Affordable Housing
Covenants [Including Rental Restrictions]), attached hereto. The recordation of the affordable
housing covenants shall occur before the issuance of the first certificate of occupancy for each
building.
Developer shall pay for actual costs of an independent third -party affordable housing
consultant, chosen by the City, to provide income limit verification that meets the affordable housing
requirements of this Section 5.2. The independent third -party consultant shall charge Developer rates
that are competitive to the market area. Developer shall provide the necessary tenant documentation
to the selected third -party affordable housing consultant.
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5.3 Uncle rourdin ofUtilities'. All new utilities to and on the property shall be provided
underground for each phase of the project. Existing utilities in the public rights -of -way surrounding
each development phase are not required to be relocated underground.
5.4 !G"raffic lni roven�ents..
5.4.1 1'ref'erentialParkin Zone. Developer shall provide $50,000 to the City for
the costs to implement a preferential parking zone adjacent to the Project site. Formation of the
preferential parking zone will be dependent upon a petition of residents pursuant to ESMC § 8-5A-
5. If no preferential parking zone is established within 3 years of the first occupancy for PCC North
or PCC South, whichever is the latter to be developed, the City may use any portion of the funds for
improvements in the geographical vicinity of the Project site at its discretion. Such payment shall be
made prior to the issuance of any building or grading permit, whichever is first, for any improvement
in the Specific Plan area.
5.4.2 Additional Comnirrnit Circulat.-ion Benefit• Six months after the project is
fully occupied (90% or greater occupancy), the City may conduct a study of the traffic, circulation,
and parking conditions adjacent to the project to evaluate potential measures regarding traffic,
parking, speeding, bikeways and pedestrian safety. Potential improvements that could be
implemented as identified in the study could include, but not be limited to, traffic controls, road
signage, directional signage, curb painting, speed bumps, pedestrian crosswalks, safety measures,
residential tenant transit subsidies, bicycle rentals, carpool incentives, ride match programs, and
carshare programs. Any implementation of those measures as deemed appropriate by the City shall
be funded by the Applicant, up to a total not -to -exceed amount of One Hundred Thousand Dollars
($100,000). This amount is in addition to, and separate from, the $50,000 applicant contribution
towards implementation of a parking district. Any proposed measures that would be located on
Pacific Coast Highway or at an intersection with Pacific Coast Highway that require review and
approval by Caltrans shall only be implemented if Caltrans also approves the measure. Upon issuance
of a certificate of occupancy for either PCC North or PCC South, Applicant must either deposit into
an escrow account, or provide a letter of credit in favor of the City and in a form acceptable to the
City Attorney, for an amount equal to the total not -to -exceed amount of the Additional Community
Circulation Benefit.
5.5 Landsca in
5.5.1 Lnclsca i lie uinents.
5.5.1.1 No certificate of occupancy shall be issued for the development to
which the requirement is tied until the improvements are made or Developer has provided appropriate
bonds in a form satisfactory to the City Attorney.
5.5.1.2 All landscape and other improvements shall be substantially in
conformance with the Landscape Plan approved with the Site Plan Review approval as to the number
and location of trees and improvements.
5.5.1.3 All landscaping/improvement work identified in this section 5.5 shall
occur with the development of the adjacent PCC area as identified below.
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5.5.2 Indiana Street. Developer shall provide, in accordance with City standards
and requirements, additional landscaping and trees on the west side of Indiana Street between
Mariposa Avenue and Holly Avenue in existing landscaped areas with existing irrigation systems in
place. Developer has no obligation to create new parkway areas or to install, operate, or maintain
any required irrigation. The installation of this landscaping shall occur with the development of PCC
South. Developer has no obligation to maintain the additional landscaping and trees after installation.
5.5.3 Pacific Coast fli hwa s/1-lotel . Developer shall provide single occupancy
pedestrian seating and enhanced landscaping in the existing landscape areas in front of the Aloft
Hotel and the Fairfield Hotel. Six single -occupant chairs shall be located in front of the Fairfield
Hotel in the existing landscaped area and four single -occupant chairs shall be located in front of the
Aloft Hotel in the existing landscaped area. This installation of the seating and landscaping will take
place with the development of PCC South.
5.5.4 PCC North. Developer shall provide the following improvements with the
development of PCC North.
5.5.4.1 Developer shall provide enhanced landscaping along the existing
block wall on the western side of PCC North in the form of "climbing fig ivy".
5.5.5 PCC South. Developer will replace the existing street trees along the Pacific
Coast Highway frontage of PCC south with six new street trees along the same frontage. In the event
that Caltrans does not permit trees to be planted in the right-of-way, Developer will provide six
additional trees on the PCC South site in a location to be approved by Community Services Director
or his designee that is outside of the Caltrans right-of-way and the building footprint.
5.6 Enhanced Paving. Developer shall provide enhanced paving such as stamped or
colored concrete, at the following locations: (i) PCC South entrances/exits on Indiana and Pacific
Coast Highway; (ii) Fairfield Parking Structure entrance/exits on Pacific Coast Highway; and (iii)
PCC North entrances/exists on Mariposa Avenue and Palm Avenue.
5.7 EV Chang Stations. Developer shall provide a total of 200 EV capable spaces,
including a total of 50 installed EV chargers across the entire PCC Specific Plan area. A minimum
of 50 EV capable spaces, including 20 EV chargers, shall be installed in each parking structure in
PCC North and PCC South. A minimum of 20 EV capable spaces, including 8 EV chargers, shall be
installed in the Fairfield Parking structure. The remaining 80 EV capable spaces, including 2 EV
chargers may be distributed between the three structures without restriction.
5.8 Solar Panels and Battery Sty
5.8.1 Developer shall install solar panels on the roofs of both PCC North and PCC
South to generate sufficient power for their respective Common Area Power needs or generate the
maximum power available from rooftop installed solar panels, whichever is less. "Common Area
Power" shall be defined as all project power that does not serve a residential or commercial unit.
City may, at Developer's expense, retain a third -party consultant to verify that the solar infrastructure
proposed is consistent with this paragraph.
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5.8.2 Developer shall comply with the battery storage system requirements
consistent with the 2022 Building Energy Efficiency Standards (Title 24 Energy Code) for both PCC
North and PCC South as adopted by the California Building Standards Commission prior to the
effective date of the 2022 Code. If the City makes any amendments to this provision of the Building
Code in accordance with law, Developer shall comply with any such amendments for building
permits filed after the effective date of the amendments.
5.9 Fencing. Developer shall remove and replace all chain link fencing visible from the
public right of way at the existing Aloft and Fairfield Hotel properties. The fencing will be replaced
with decorative fencing and/or landscaping approved by the Development Services Department. The
fencing shall be replaced at the time of development of PCC South or the Fairfield Parking, whichever
occurs first.
5.10 Communit 1, T 1on-Profit S.14, L .
5.10.1 Developer shall provide a minimum space of 1,000 square feet of community
space to be located on the ground floor of the Fairfield parking structure.
5.10.2 For the first 10 years after issuance of the certificate of occupancy, non-profit
groups registered located in the City of El Segundo shall have priority of using this space.
5.10.3 Non-profit groups shall be able to use this room without payment of any rental
rate for the room, but may be required to pay set-up fees, clean-up fees, and any fees for additional
services such as food and beverage service.
5.11 Development Fees. Subject to the provisions of Section 4.5 above, Developer shall
pay the development fees in effect at the time of building permit application. The Developer shall
be entitled to credits against the City's traffic mitigation fees to the extent off -site traffic
improvements that are required by the Project Approvals are included in any subsequent traffic fee
mitigation program adopted by the City pursuant to Government Code Section 66000, et seq. Such
credits shall be based upon the actual audited costs and shall only be granted to the extent such
improvements are constructed in accordance with all applicable state and local laws. The Developer
waives any and all rights it may have to challenge development fees that are in effect at the time of
the Effective Date and the City's right to amend its current development fees. However, the
Developer retains the legal right to challenge the amount of any such amended or increased
development fees to the extent such are not in compliance with the requirements of Government
Code Section 66000, et seq. as well as its right to receive credits against such amended or increased
fees.
5.12 Mairitenance Obligations. Developer shall maintain all portions of the Property in its
possession or control, and any improvements thereon, in a clean, neat and orderly manner. Except
as specified herein, Developer shall also maintain any landscaping and bike racks placed in the public
right of way. The Parties' respective maintenance obligations shall survive any termination or
expiration of this Agreement.
Page 12
5.13 Sales ar�d Use Tax.
5.13.1 In the event the contract price for any work on the Project is valued at five
million dollars ($5,000,000.00) or more, Developer agrees to report, on a State Board of Equalization
Tax Return, any purchases of tangible personal property made in connection with the finishing of
and/or installation of materials, or fixtures for the Project, when such purchases were made without
sales or use tax due. Developer shall indicate the City as a registered job site location on the State
Board of Equalization Tax Return. In such event, Developer shall also obtain a permit or a sub -
permit from the State Board of Equalization indicating the City as the registered job site location, in
accordance with Revenue and Taxation Code § 7051.3 or State Board of Equalization Compliance
Policy and Procedure Manual § 295.060.
5.13.2 Developer further agrees that if Developer retains contractors or
subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are
valued at five million dollars ($5,000,000) or more, said contracts or subcontracts shall contain the
provisions set forth in Subsection (a) above.
5.13.3 The Director of Finance of the City is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.7 upon
proof to the reasonable satisfaction of the Director of Finance that Developer and/or its contractors
or subcontractors have made good faith efforts to obtain said permit or sub -permits, but were denied
the same by the State Board of Equalization.
6. Cil A.greernents.
6.1 Expedited Processing. The City shall process, at Developer's expense, in an expedited
manner all plan checking, excavation, grading, building, encroachment and street improvement
permits, Certificates of Occupancy, utility connection authorizations, and other ministerial permits
or approvals necessary, convenient or appropriate for the grading, excavation, construction,
development, improvement, use and occupancy of the Project in accordance with the City's
accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if
requested by Developer, the City agrees to utilize private planners and plan checkers (upon
Developer's request and at Developer's cost) and any other available means to expedite the
processing of Project applications, including concurrent processing of such applications by various
City departments.
6.2 Processing Coo eratiolu and Assistance. To the extent permitted by law, the City shall
reasonably cooperate with the Developer in securing any and all entitlements, authorizations, permits
or approvals which may be required by any other governmental or quasi -governmental entity in
connection with the development of the Project or the Property. Without limiting the foregoing, the
City shall reasonably cooperate with the Developer in any dealings with federal, state and other local
governmental and quasi -governmental entities concerning issues affecting the Property. The City
shall keep the Developer fully informed with respect to its communications with such agencies which
could impact the development of the Property. The City must not take any actions to encourage any
other governmental or quasi -governmental entities from withholding any necessary approvals and
any such contrary actions on the part of the City must be considered a breach of this Agreement by
City.
Page 13
�
6.3 Processin During Third party Litiggion. The filing of any third party lawsuit(s)
against the City or the Developer relating to this Agreement, the Project Approvals, any Future
Approvals or to other development issues affecting any portion of the Property or the Project shall
not hinder, delay or stop the development, processing or construction of the Project, approval of the
Future Approvals, or issuance of ministerial permits or approvals should the Developer wish to
proceed, unless the third party obtains a court order restraining the activity. The City must not
stipulate to or cooperate in the issuance of any such order.
6.4 Performance offiq_Direetor D . The City shall ensure that a person or persons are
designated at all times to carry out the duties of the Director set forth in this Agreement.
M.gdification/Sus en iomi.
7.1 Pursuant to Government Code Section 65869.5, in the event that any state or federal
law or regulation, enacted after the Effective Date, precludes compliance with any provision of this
Agreement, such provision shall be deemed modified or suspended to the extent practicable to
comply with such state or federal law or regulation, as reasonably determined necessary by City.
Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof
upon the Agreement, the provisions hereof shall be restored to their full original effect.
7.2 In the event any state or federal resources agency (i.e., California Department of Fish
and Game, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality
Control Board/State Water Resources Control Board), in connection with its final issuance of a
permit or certification for all or a portion of the Project, imposes requirements ("Permitting
Requirements") that require modifications to the Project, then the parties will work together in good
faith to incorporate such changes into the Project; provided, however, that if Developer appeals or
challenges any such Permit Requirements, then the Parties may defer such changes until the
completion of such appeal or challenge.
8. Demonstration of Good Fa tli Compliance.
8.1 Review of Compliance. In accordance with Government Code Section 65865.1, this
Section 8 and the Applicable Rules, once each year, on or before each anniversary of the Effective
Date ("Periodic Review"), the Development Services Director shall review the extent of the
Developer's good faith substantial compliance with the terms and provisions of this Agreement as
well as the performance by the City of its obligations under this Agreement.
8.2 Good Faith Co��a�e. During each Periodic Review, the Developer shall
demonstrate by written status report that, during the preceding twelve month period, that it has been
in good faith compliance with this Agreement. For purposes of this Agreement, the phrase "good
faith compliance" shall mean that the Developer has demonstrated that it has acted in a commercially
reasonable manner (taking into account the circumstances which then exist) and in good faith in and
has substantially complied with the Developer's material obligations under this Agreement.
8.3 Ci_Rport _ lnfoi°mnatiot to be Provided to �Deve�l�o� er. At least 14 days before the
annual anniversary of the Effective Date, the City must deliver to the Developer a copy of all staff
Page 14
reports prepared in connection with a Periodic Review, any prior staff reports generated during the
review period, written comments from the public, and, to the extent practical, all related exhibits
concerning such Periodic Review. This information shall be known as the "City Report."
8.4 Deeler's Re sort. No later than the annual anniversary of the Effective Date,
Developer must submit a written status report to the Director addressing the good faith compliance
issue and any issues raised by the City Report provided to the Developer in accordance with section
8.3 above.
8.5 Notice of Non C��Cup re ghts,. If, after reviewing the Developer's Report,
the Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels
comprising the Property, Developer has not demonstrated that it is in good faith compliance with this
Agreement, the Director may issue and deliver to the Developer a written Notice of Violation as set
forth in Section 10 below.
8.6 Public Notice of l�`indin Any appeal of the Director's determination (including any
appeal by the Developer) must be filed within 20 days following such decision. Filing such an appeal
tolls the cure period specified in the Notice of Violation. Notwithstanding Section 13.1, an appeal
regarding the Notice of Violation shall be heard directly by the City Council at a duly -noticed public
hearing and the City Council must issue a final decision. Developer retains the right to challenge the
City's issuance of any final decision pursuant to Code of Civil Procedure § 1094.5 without complying
with the procedures set forth in Section 10.4 below.
8.7 Failure of Periodic Review. The City's failure to review, at least annually, compliance
by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted
by any Party as a breach by any other Party of this Agreement. If the City fails to provide the City
Report by the Effective Date, Developer will be deemed to be in good faith compliance with this
Agreement.
9. Excusable Delays. Performance by any Party of its obligations hereunder shall be excused
during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the
delay gives notice of the delay to the other Party as soon as reasonably possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and
is beyond the reasonable control of, the Party claiming the delay, including without limitation: (i) act
of God; (ii) civil commotion: (iii) riot: (iv) strike, picketing or other labor dispute; (v) shortage of
materials or supplies; (vi) damage to work in progress by reason of fire, flood, earthquake or other
casualty; (vii) reasonably unforeseeable delay caused by a reasonably unforeseeable restriction
imposed or mandated by a governmental entity other than City; (viii) litigation brought by a third
party attacking the validity of this Agreement, a Project Approval, a Future Approval or any other
action necessary for development of the Property; (ix) delays caused by any default by City or the
Developer hereunder; or (x) delays due to the presence or remediation of hazardous materials. The
term of this Agreement, including any extensions, shall be extended by any period of Excusable
Delay.
10. Default Provisions.
10.1 Default. Either Party to this Agreement shall be deemed to have breached this
Page 15
Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured
within the time set forth in a written notice of violation (the "Notice of Violation") from the non -
breaching Party to the breaching Party, which period of time shall not be less than 10 days for
monetary defaults, and not less than 60 days for non -monetary defaults from the date that the notice
is deemed received, provided if the breaching Party cannot reasonably cure a non -monetary default
within the time set forth in the notice, then the breaching Party shall not be in default if it commences
to cure the default within such time limit and diligently effects such cure thereafter. If the City
determines that a default may have occurred, the City shall give written notice to the Developer of
its intention to terminate this Agreement and comply with the notice and public hearing requirements
of Government Code Sections 65867 and 65868. At the time and place set for the hearing on
termination, the Developer shall be given an opportunity to be heard. If the City Council finds based
upon the evidence that the Developer is in breach of this Agreement, the City Council may modify
this Agreement with the consent of the Developer or unilaterally terminate this Agreement. If
Developer initiates a resolution of dispute in accordance with the provisions of Section 10.4 below
within 60 days following the City Council's determination that Developer is in breach of this
Agreement, the City Council's decision to modify or terminate this Agreement is stayed until the
issue has been resolved through informal procedures, mediation, or court proceedings.
10.2 Content of Notice of Violation. Every Notice of Violation shall state with specificity
that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, (including
references to the pertinent provisions of this Agreement), the portion of the Property involved, and
the manner in which the breach may be satisfactorily cured. The notice shall be deemed given in
accordance with Section 19 hereof.
10.3 Remedies for Breach. The Parties agree that the remedies for breach of this
Agreement shall be limited to the remedies expressly set forth in this section. Developer's remedies
for any breach of this Agreement by City shall be limited to injunctive relief and/or specific
performance.
10.4 Resolution of Dispute . The City and the Developer agree to attempt to settle any
claim, dispute or controversy arising from this Agreement through consultation and negotiation in
good faith and in spirit of mutual cooperation. If those attempts fail, the dispute may be mediated by
a mediator chosen jointly by the City and the Developer within 30 days after notice by one of the
parties demanding non -binding mediation. Neither Party may unreasonably withhold consent to the
selection of a mediator. The City and the Developer will share the cost of the mediation equally.
The Parties may agree to engage in some other form of non -binding alternate dispute resolution
("ADR") procedure in lieu of mediation. Any dispute that cannot be resolved between the Parties
through negotiation or mediation within two months after the date of the initial demand for non-
binding mediation may then be submitted to a court of competent jurisdiction in the County of Los
Angeles, California.
10.5 Attorne 's Fees and Costs. Each Party to this Agreement agrees to waive any
entitlement of attorney's fees and costs incurred with respect to any dispute arising from this
Agreement. The parties will each bear their own attorney's fees and costs in the event of any dispute.
11. 'Mot -tog' ' ee Protection. This Agreement shall not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any
Page 16
improvements thereon by any mortgage, deed of trust or other security device. The City
acknowledges that the lender(s) providing such financing ("Mortgagee") may require certain
Agreement interpretations and agrees, upon request, from time to time, to meet with the Developer
and representatives of such lender(s) to provide within a reasonable time period the City's response
to such requested interpretations. The City will not unreasonably withhold its consent to any such
requested interpretation, provided that such interpretation is consistent with the intent and purposes
of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor
or assign thereof, including without limitation the purchaser at a judicial or non judicial foreclosure
sale or a person or entity who obtains title by deed -in -lieu of foreclosure on the Property shall be
entitled to the following rights and privileges:
11.1 l�^1 ,vXa&e Not Rendered invalid. Neither entering into this Agreement nor a breach
of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any
mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee shall have
an obligation or duty under this Agreement to perform the Developer's obligations, or to guarantee
such performance, prior to taking title to all or a portion of the Property.
11.2 Re uest for Notice to Mortga)&Le. The Mortgagee of any mortgage or deed of trust
encumbering the Property, or any part thereof, who has submitted a request in writing to the City in
the manner specified herein for giving notices, shall be entitled to receive a copy of any Notice of
Violation delivered to the Developer.
11.3 M , rtg � e's 1 ime to Cure. The City shall provide a copy of any Notice of Violation
to the Mortgagee that has requested such copy within ten days of sending the Notice of Violation to
the Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for
period of 60 days after receipt of such Notice of Violation, or such longer period of time as may be
specified in the Notice. Notwithstanding the foregoing, if such default shall be a default which can
only be remedied by such Mortgagee obtaining possession of the Property, or any portion thereof,
and such Mortgagee seeks to obtain possession, such Mortgagee shall have until 60 days after the
date of obtaining such possession to cure or, if such default cannot reasonably be cured within such
period, to commence to cure such default, provided that such default is cured no later than one year
after Mortgagee obtains such possession.
11.4 Cure R'i hts. Any Mortgagee who takes title to all of the Property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, shall succeed
to the rights and obligations of the Developer under this Agreement as to the Property or portion
thereof so acquired; provided, however, in no event shall such Mortgagee be liable for any defaults
or monetary obligations of the Developer arising prior to acquisition of title to the Property by such
Mortgagee, except that any such Mortgagee shall not be entitled to a building permit or occupancy
certificate until all delinquent and current fees and other monetary or non -monetary obligations due
under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been
satisfied.
11.5 13ar7krtr cy. If any Mortgagee is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction
issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceedings involving the Developer, the times specified in Section 10 above shall be
Page 17
extended for the period of the prohibition, except that any such extension shall not extend the term
of this Agreement.
11.6 Disaffirmation. If this Agreement is terminated as to any portion of the Property by
reason of (i) any default or (ii) as a result of a bankruptcy proceeding, and this Agreement is
disaffirmed by a receiver, liquidator, or trustee for the Developer or its property, the City, if requested
by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development
agreement for the Project as to such portion of the Property with the most senior Mortgagee
requesting such new agreement. This Agreement does not require any Mortgagee or the City to enter
into a new development agreement pursuant to this Section.
12. l AQI)pq crtiticate. At any time and from time to time, the Developer may deliver written
notice to City and City may deliver written notice to the Developer requesting that such Party certify
in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect
and a binding obligation of the Parties; (ii) this Agreement has not been amended, or if amended, the
identity of each amendment; and (iii) the requesting Party is not in breach of this Agreement, or if in
breach, a description of each such breach. The Party receiving such a request shall execute and return
the certificate within thirty (30) days following receipt of the notice. The failure of the City to deliver
such a written notice within such time shall constitute a conclusive presumption against the City that,
except as may be represented by the Developer, this Agreement is in full force and effect without
modification, and that there are no uncured defaults in the performance of the Developer. The
Development Services Director shall be authorized to execute, on behalf of the City, any Estoppel
Certificate requested by the Developer. City acknowledges that a certificate may be relied upon by
successors in interest to the Developer who requested the certificate and by holders of record of deeds
of trust on the portion of the Property in which that Developer has a legal interest.
13. Administration ofA_grgem nt.
13.1 A peal of ;staff Determinations. Any decision by City staff concerning the
interpretation or administration of this Agreement or development of the Property in accordance
herewith may be appealed by the Developer to the Planning Commission, and thereafter, if necessary,
to the City Council pursuant to the El Segundo Municipal Code. The Developer shall not seek
judicial review of any staff decision without first having exhausted its remedies pursuant to this
Section. Final determinations by the City Council are subject to judicial review subject to the
restrictions and limitations of California law.
13.2 Operating Memoranda. The provisions of this Agreement require a close degree of
cooperation between City and Developer. During the Term of this Agreement, clarifications to this
Agreement and the Applicable Rules may be appropriate with respect to the details of performance
of City and Developer. If and when, from time to time, during the term of this Agreement, City and
Developer agree that such clarifications are necessary or appropriate, they shall effectuate such
clarification through a memoranda approved in writing by City and Developer (the "Operating
Memoranda"), which, after execution, shall be attached hereto and become part of this Agreement
and the same may be further clarified from time to time as necessary with future written approval by
City and the Developer. Operating Memoranda are not intended to and shall not constitute an
amendment to this Agreement but are mere ministerial clarifications, therefore public notices and
hearings are not required. The City Attorney shall be authorized, upon consultation with, and
Page 18
approval of, the Developer, to determine whether a requested clarification may be effectuated
pursuant to this Section or whether the requested clarification is of such character to constitute an
amendment hereof which requires compliance with the provisions of Section 14 below. The authority
to enter into such Operating Memoranda is hereby delegated to the Director, and the Director is
hereby authorized to execute any Operating Memoranda hereunder without further City Council
action.
13.3 Certificate of Performance. Upon the completion of the Project, or the completion of
development of any parcel within the Project, or upon completion of performance of this Agreement
or its earlier revocation and termination, the City shall provide the Developer, upon the Developer's
request, with a statement ("Certificate of Performance") evidencing said completion or revocation
and the release of the Developer from further obligations hereunder, except for any ongoing
obligations hereunder. The Certificate of Performance shall be signed by the appropriate agents of
the Developer and the City and shall be recorded in the official records of Los Angeles County,
California. Such Certificate of Performance is not a notice of completion as referred to in California
Civil Code § 3093.
14. Amendment or Termination b I+ gtual Consent. Except as otherwise set forth herein, this
Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and
the Developer, and upon compliance with the provisions of Government Code § 65867.
15. lndemniCicatiernlDe tnse.
15.1 Inderrrniiication. The Developer agrees to indemnify and hold the City harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries,
or liability, arising from the City's approval of the Project, this Agreement, Developer's performance
of this Agreement, and all procedures with approving this Agreement (collectively, "Discretionary
Approvals"), except to the extent such is a result of the City's sole negligence or intentional
misconduct. Should the City be named in any suit, or should any claim be brought against it by suit
or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals,
Developer 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, except to the extent such action is a result of the City's sole negligence or intentional
misconduct. For purposes of this Section, "the City" includes the City of El Segundo's elected
officials, appointed officials, officers, consultants, and employees.
15.2 Del'erie of A ree Trent. If the City accepts Developer's indemnification and defense
as provided in Section 15.1 above, the City agrees to and shall timely take all actions which are
necessary or required to uphold the validity and enforceability of this Agreement, the Discretionary
Approvals, Project Approvals, Development Standards, and the Applicable Rules. This Section 15
shall survive the termination of this Agreement.
16. Cooperation iri the Event of L,e al Chalk
16.1 Third Par.,_lAllenges_ In the event of any administrative, legal or equitable action
or other proceeding instituted by any person or entity not a party to the Agreement challenging the
validity of any provision of this Agreement, challenging any Approval, or challenging the sufficiency
Page 19
Alt
of any environmental review of either this Agreement or any Approval under CEQA (each a "Third
Party Challenge"), each party must cooperate in the defense of such Third Party Challenge, in
accordance with this Section. Developer agrees to pay City's costs of defending a Third Party
Challenge, including all court costs and reasonable attorney's fees expended by City (including the
time and cost of the City Attorney) in defense of any Third Party Challenge, as well as the time of
City's staff spent in connection with such defense. Developer may select its own legal counsel to
represent Developer's interests in any Third Party Challenge at Developer's sole cost and expense.
City agrees that it will not enter into a settlement agreement to any Third Party Challenge without
Developer's written consent. Developer's obligation to pay City's costs in the defense of a Third
Party Challenge shall not extend to those costs incurred on appeal if Developer notifies the City is
writing that it does not wish to pursue the appeal.
16.2 Third Party Challengyes Related to the Amilicability of City Laws. The provisions of
this Section will apply only in the event of a legal or equitable action or other proceeding, before a
court of competent jurisdiction, instituted by any person or entity not a party to the Agreement
challenging the applicability to the Project or Project Site of a conflicting City Law (a "Third Party
Enforcement Action").
16.2.1 In the event of a Third Party Enforcement Action, City must: (i) promptly
notify Developer of such action or proceeding; and (ii) stipulate to Developer's intervention as a
party to such action or proceeding unless Developer has already been named as a respondent or real
party in interest to such action or proceeding. In no event will City take any action that would frustrate,
hinder, or otherwise complicate Developer's efforts to intervene, join or otherwise participate as a
party to any Third Party Enforcement Action. As requested by Developer, City must use its best
efforts to ensure that Developer is permitted to intervene, join or otherwise participate as a party to
any Third Party Enforcement Action. If, for any reason, Developer is not permitted to intervene, join
or otherwise participate as a party to any Third Party Enforcement Action, the parties to this
Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such action
or proceeding. For purposes of this Section, the required cooperation between the parties includes,
without limitation, developing litigation strategies, preparing litigation briefs and other related
documents, conferring on all aspects of the litigation, developing settlement strategies, and, to the
extent permitted by law, jointly making significant decisions related to the relevant litigation,
throughout the course thereof. 16.2.2 City's costs of defending any Third Party Enforcement
Action, including all court costs, and reasonable attorney's fees expended by City (including the time
and cost of the City Attorney) in defense of any Third Party Enforcement Action, as well as the time
of City's staff spent in connection with such defense (the "Enforcement Action Defense Costs), will
be paid in accordance with this Agreement. The Enforcement Action Defense Costs shall extend to,
and Developer will be obligated to pay, any costs incurred on appeal unless Developer notifies the
City in writing that it does not wish to pursue the appeal.
16.2.3 City must not enter into a settlement agreement or take any other action to
resolve any Third Party Enforcement Action without Developer's written consent. City cannot,
without Developer's written consent, take any action that would frustrate, hinder or otherwise prevent
Developer's efforts to settle or otherwise resolve any Third Party Enforcement Action.
16.2.4 Provided that City complies with this Section and provided that Developer
is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any final
Page 20
6412
judgment (i.e., following all available appeals) arising out of a Third Party Enforcement Action and
further agrees that no default under this Agreement will arise if such final judgment requires City to
apply to the Project or Project Site a City Law that conflicts with Applicable Law or this Agreement.
17. Time of Essence. Time is of the essence for each provision of this Agreement of which time
is an element.
18. Effective Date. This Agreement shall become operative on the date the Enabling Ordinance
approving this Development Agreement becomes effective (the "Effective Date") pursuant to
Government Code Section 36937.
19. Notices. Any notice that a party is required or may desire to give the other must be in writing
and may be sent by: i) personal delivery; or ii) by deposit in the United States mail, postage paid,
registered or certified mail, return receipt requested; or iii) by overnight delivery using a nationally
recognized overnight courier, providing proof of delivery, evidenced by confirmed receipt, addressed
as follows:
If to City: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: City Manager
With a Copy to: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Director of Development Services
With a Copy to: Hensley Law Group
2600 W. Olive Avenue
Suite 500
Burbank, California 91505
Attention: Mark D. Hensley, Esq.
E-mail: iii1ienis1c (&,hetisl y a.. coaTn
If to Developer: Nick Browne, VP — Product and Development
6080 Center Drive, Suite 120
Los Angeles, CA 90045
E-mail ii ,.° )\ e c i ce.cor
Either City or Developer may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten days prior to the date such change is
affected. Any notice given by mail is deemed to have been given as of the date of delivery (whether
accepted or refused) established by the United State Post Office, return receipt, or the overnight
Page 21
carrier's proof of delivery as the case may be. Notices given in any other manner are effective only
if and when received by the party to be notified between the hours of 8:00 a.m. and 5:00 p.m., local
time of the recipient, of any business day with delivery made after such hours deemed received the
following business day.
20. Emir r eLggnt. This Agreement contains the entire agreement between the Parties
regarding the subject matter hereof, and supersedes in its entirety all prior agreements or
understandings, oral or written. This Agreement shall not be amended, except as expressly provided
herein.
21. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other
provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent
waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly
authorized representative of the Party against whom enforcement of the waiver is sought.
22. Sul ,ersession of Subsequent Laws of.ludicial Action. The provisions of this Agreement must,
to the extent feasible, be modified or suspended as may be necessary to comply with any new law or
decision issued by a court of competent jurisdiction, enacted or made after the effective date which
prevents or precludes compliance with one or more provisions of this Agreement. Immediately after
enactment of any such new law, or issuance of such decision, the parties must meet and confer in
good faith to determine the feasibility of any such modification or suspension based on the effect
such modification or suspension would have on the purposes and intent of this Agreement.
23. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the
extent the remaining provisions are not rendered impractical to perform, taking into consideration
the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing
under this Agreement, it is acting as an independent entity and not as an agent of any other Party in
any respect. Nothing contained herein or in any document executed in connection herewith shall be
construed as creating the relationship of partners, joint ventures or any other association of any king
or nature between City and Developer, jointly or severally.
25. No Thjrd�-Part 13eneficia� ies. This Agreement is made and entered into for the sole benefit
of the Parties and their successors in interest. No other person or party shall have any right of action
based upon any provision of this Agreement.
26. Recordation of Agreement and AniendniantsThis Agreement and any amendment thereof
,
shall be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City.
27. +C oo oration Between Citv and Developer,. City and Developer shall execute and deliver to
the other all such other and further instruments and documents as may be reasonably necessary to
carry out the purposes of this Agreement. Upon satisfactory performance by Developer, and subject
to the continuing cooperation of the Developer, City will commence and in a timely manner proceed
to complete all steps necessary for the implementation of this Agreement and development of the
Project or Property in accordance with the terms of this Agreement.
Page 22
28. Pules of Construction. The captions and headings of the various sections and subsections of
this Agreement are for convenience of reference only, and they shall not constitute a part of this
Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of
this Agreement be found to be in conflict with any provision of the Applicable Rules or the Project
Approvals or the Future Approvals, the provisions of this Agreement shall control.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally
by the Parties, and it shall not be construed against any Party on the ground that the Party prepared
the Agreement or caused it to be prepared.
30. Governine Law and Venue. This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this
Agreement shall be filed in the appropriate court having jurisdiction in the County of Los Angeles.
31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which constitute one and the same instrument.
32. Weekend/Holiday Dates. Whenever any determination is to be made or action to be taken on
a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or holiday specified
in Government Code § 6700, the date for such determination or action shall be extended to the first
business day immediately thereafter.
33. Not a Public Dedicatioti. Except as otherwise expressly provided herein, nothing herein
contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion
thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it
being the intention and understanding of the Parties that this Agreement be strictly limited to and for
the purposes herein expressed for the development of the Project as private property. The Developer
shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof,
including common areas and buildings and improvements located thereon, by any person for any
purpose which is not consistent with the development of the Project. Any portion of the Property
conveyed to the City by the Developer as provided herein shall be held and used by the City only for
the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not
take or permit to be taken (if within the power or authority of the City) any action or activity with
respect to such portion of the Property that would deprive the Developer of the material benefits of
this Agreement, or would in any manner interfere with the development of the Project as
contemplated by this Agreement.
34. releases. City agrees that upon written request of Developer and payment of all fees and
performance of the requirements and conditions required by Developer by this Agreement, the City
must execute and deliver to Developer appropriate release(s) of further obligations imposed by this
Agreement in form and substance acceptable to the Los Angeles County Recorder's Office or as
otherwise may be necessary to effect the release.
35. Consent. Where the consent or approval of City or Developer is required or necessary under
this Agreement, the consent or approval will not be unreasonably withheld, delayed or conditioned.
Page 23
IN WITNESS WHEREOF, the Developer and the City of El Segundo have executed this
Development Agreement on the date first above written.
ATTEST:
TracymmWeav _.. .
City Clerk
APPROVED AS TO FORM:
Lp
By: a��®
d � Mark. D. He sley, Ct
CITY:
City of El Segundo, a municipal corporation
Mayor
DEVELOPER:
BRE EL SEGUNDO PROPERTY OWNER A LLC
By
Bria aufinan, Managing
Director and Vice President
BRE EL SEGUNDO PROPERTY OWNER B LLC
By:
Brian Kau i, Managing
Director and Vice President
BRE EL SEGUNDO PARKING LLC
By:
Brian K64nan, Managing
Director and Vice President
Page 24
41 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
WW'u, ArRE11 www IFOFO N k"MMMI NArf M"MIM.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CaliforniaState
CountyfofS ._. ��� _ _. _..-
On before me, ..........._�..
ate Here Insert Name and Tii' of the QM
personally appeared
Nornpffi of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) " /are subscribed
to the within instrument and acknowledged to me that 4/she/they executed the same in his/her/their
authorized capacity(ies), and that by is/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
VENUS L. WESSON
w:
Notary Public - California
Los Angeles County >
« �,F"
C2295983
My Comm. Expires Jul 2, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
C-Vign'Citure of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docu
Title or Type of Document:.W
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: _ ... _.. .....
Signer is Representing;
Number of Pages:
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other: _ .....�
Signer is Representing.;
❑ Attorney in Fact
❑ Guardian or Conservator
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STATE OFF O° A�
COUNTY OF
On (Q tL -before me, , a Notary
Public,
personally appeared r a _ , personal wn to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE 6F'"�A I( pu i,(d✓,-
COUNTY OF 4,Ilw
Onyn C 0 �ZZ before me, /, ;c —n ja i , a Notary
Public,
me on the bass re satisfactory` � " persnnall known to me (or proved to
personally a eared
evidence} to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
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16'41 2
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of El Segundo, County of Los Angeles, State of California, described as follows:
PARCELI: (APN: 4139 0'25 75)
LOT 428 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 106 AND M7 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: (APN: 41 39-025 07�3,,m� Zq, QZO, 081)
LOTS 385, 386, 387, 429 AND 430 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 1300K 22, PAGES 106 AND 107 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: (APN: 4139-_025 _091)
LOTS 382, 383, 384, 431, 432 AND 433 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES
M6 AND 107 Ol=mmMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS,
WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR UNDERLYING OR THAT MAY
BE PRODUCED FROM PARCELS 1 AND 2, TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO,
ACROSS OR THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR
PRODUCING ANY PETROLEUM, GAS, ASPHALTUM, OTHER HYDROCARBONS AND OTHER MINERALS
AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER SUBSURFACE OPERATIONS AND THE
EXCLUSIVE RIGHT TO USE THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF INJECTING
THEREIN, OR WITHDRAWING THEREFROM GAS, OIL, OR OTHER SUBSTANCES, WHETHER
HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING, OR OTHER PURPOSES, BUT WITH NO RIGHT
TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL COMPANY OF
CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947 AS INSTRUMENT NO.480 IN BOOK
24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 4: (portion of APN 4139.024 057)
THE WESTERLY 60 FEET OF LOTS 2 AND 9 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 PAGES 114
AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: (APN: 4139-024-058)
LOTS 1, 2,9 AND 10 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 PACES 114 AND_1)5 f )r N' Ali ,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 60 FEET OF SAID LOTS 2 AND 9.
ALSO EXCEPT THEREFROM THE NORTHERLY 181.00 FEET OF SAID LOTS 1 AND 2.
Page 25
ALSO EXCEPT THE SOUTH 147.03 FEET OF LOT 10.
ALSO EXCEPT THEREFROM ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING OR THAT MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE EXCLUSIVE
RIGHT TO ENTER INTO, ACROSS OR THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF
TAKING OR PRODUCING ANY PETROLEUM AND OTHER HYDROCARBONS, AND OTHER MINERALS IN
AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER SUBSURFACE OF SAID LAND FOR THE
PURPOSE OF INJECTING THEREIN OR WITHDRAWING THEREFROM GAS, OIL OR OTHER SUBSTANCES,
WHETHER HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING OR OTHER PURPOSES, BUT WITH
NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL COMPANY
OF CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947 IN BOOK 24472 PAGE 357,
OFFICIAL RECORDS.
PARCEL 6: (portion of APN 4 8 39-024-057)
A PARCEL OF LAND SITUATE IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, BEING A PORTION OF BLOCK 113 OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK '?Q,
PAGES 114 I`HROIJQ] 11.5, INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT NO. 48436, AS PER MAP RECORDED IN
IQQSC 180. PAI:x1"S ��1a..;.R"9 ROLjQll 69i. 1''�i1� &.,1.:JJSv_Ok 1�A S, IN THE OFFICE OF THE RECORDER OF SAID
COUNTY; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 89' 58' 36" EAST 60.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 89' 58'
36" EAST 13.19 FEET; THENCE SOUTH 00' 03' 15" WEST 181.00 FEET; THENCE NORTH 89' 58' 36" WEST
13.11 FEET; THENCE NORTH 00' 01' 50" EAST 181.00 FEET TO THE TRUE POINT OF BEGINNING.
Page 26
41�
-r L
EXHIBIT B
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
BRE
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and
entered into by and among BRE ("Assignors"), and, a
("Assignee").
MERWRAMW
A. The City of El Segundo ("City") and Assignor entered into that certain Development
........ ......._.� . — pAgreement"),p Y p eal
Agreement dated 20 (the "Development with respect to the r
property located in the City of El Segundo, State of California more articular) described in Exhibit
"A" attached hereto (the "Project Site"), and
B. Assignor has obtained from the City certain development approvals and permits with
respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals").
C. Assignor intends to sell, and Assignee intends to purchase that portion, of the Project
Site more particularly described in Exhibit "B" attached hereto (the "Transferred Property").
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals
with respect to the Transferred Property. Assignee desires to accept such assignment from Assignor
and assume the obligations of Assignor under the Development Agreement and the Project Approvals
with respect to the Transferred Property. [or modify if not all interest sold]
THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's right,
title, and interest in and to the Development Agreement and the Project Approvals with respect to the
Transferred Property. Assignee hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all
the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by
Assignor under the Development Agreement and the Project Approvals with respect to the
Transferred Property, incktditi.g, but not limited to those obligations specifically allocated to the
Page 27
412
Transferred Parcel as set forth on Exhibit "C" attached hereto.
3. Effective Date. The execution by City of the attached receipt for this Agreement shall
be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement shall be effective upon its recordation in the Official
Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale
transaction and acquired legal title to the Transferred Property.
4. Remainder of Project. Any and all rights or obligations pertaining to such portion of
the Project Site other than the Transferred Property are expressly excluded from the assignment and
assumption provided in sections 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates
set forth next to their signatures below.
"ASSIGNOR"
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City
of El Segundo on this day of w
CITY OF EL SEGUNDO
By. ......
Development Services Director or
Designee
Page 28
6412
EXHIBIT C
PACIFIC COAST COMMONS SPECIFIC PLAN
LAND USE DISTRICTS
PCC Mixed-Use-2
(PCC North)
Page 29
6412
EXHIBIT D-1
PCC SOUTH AFFORDABLE HOUSING AGREEMENT
Page 30
3 4 1
Recording Requested by and When
Recorded Return to:
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
OFFICIAL BUSINESS
Document entitled to free
recording per Government Code
Section 6103
Space above this line for Recorder's use only
AGREEMENT CREATING AFFORDABLE HOUSING COVENANTS
(INCLUDING RENTAL RESTRICTIONS)
THIS AGREEMENT is entered into as of _, 202� by and between the CITY OF
EL SEGUNDO, a municipal corporation (herein referred to as "City") and BRE EL SEGUNDO
PROPERTY A LLC, a Delaware limited liability company (herein referred to as "Owner").
A. Owner owns fee title to that certain real property (the "Property") located in the City
of El Segundo, County of Los Angeles, State of California, legally described on
Exhibit A attached hereto and incorporated herein.
B. Owner has entered into a development agreement with City (the "Development
Agreement") entitling Owner to develop a mixed -use project containing 120 multi-
family apartment units on the Property (the "Project").
C. In accordance with the requirements of Section 5.2 of the Development Agreement,
a minimum of fifteen (15) units, shall be reserved for occupancy at an Affordable
Rent to persons or families that qualify as a Low -Income Household or Very Low -
Income Household, as follows:
Affordable
Housing Units
PCC South
(Sub -Set of Total)
Affordability Levels
Studios
44
9
1 Very Low/8 Low
One Bedrooms
52
5
5 Low
Two Bedrooms
24
1
1 Low
Totals
120
15
1 Very Low/14 Low
Page 31
D, City desires to enter this Agreement in order to ensure that the required number of
Restricted Units will be made available to and occupied by Qualified Households in
accordance with the terms and conditions of the Development Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, CITY
AND OWNER AGREE AS FOLLOWS:
Definitions
"Adult" means a person 18 years of age or older,
"Affordable Rent" means the maximum gross rent that can be borne by tenants in the
Restricted Units, as published by CTCAC annually, minus Housing Related Expenses. The gross
rent for the Low Income Rental Units is based on 80% of the Los Angeles County median income
for the applicable unit type, and the gross rent for Very Low Income Rental Units is based on 50%
of the Los Angeles County median income for the applicable unit type. Affordable Rent amounts
will be adjusted annually to reflect increases in maximum gross rent published by CTCAC.
"CTCAC" means the California Tax Credit Allocation Committee.
"Gross Household Income: means all income from whatever source from all Adult
Household members, which is anticipated to be received during the 12-month period following the
date of the determination of Gross Household Income. The applicable sources of income are defined
in California Code of Regulations Title 25 Housing and Community Development Section 6914.
"Household" means all the persons who will occupy the Restricted Unit as their
principal residence. A child who is subject to a legally binding shared -custody agreement, in which
the child resides with the Household at least 50% of the time, is counted as a member of the
Household. Excluded from the definition of Household are live-in caregivers/caretakers, foster
children, unborn children and children being pursued for legal custody or adoption that are not
currently living with the Household.
"Housing Related Expenses" means any costs other than rent that are required to be
borne by a tenant in a Restricted Unit in the Project. These costs include, but are not limited to, a
Utility Allowance, any cost that are imposed by the Owner on a mandatory basis, and any mandatory
costs that are charged by the Owner for amenities included in the Project. Owner may charge tenants
in a Restricted Unit optional costs that are not Housing Related Expenses related to elective amenities
requiring an optional service fee such as classes, room rentals, food service, or special events, but is
prohibited from charging a tenant in a restricted unit any fee for equal access to common areas or
project amenities such as pools, gyms, community rooms and outdoor areas. In addition, Owner is
prohibited from charging any optional amenity fees to a tenant in a Restricted Unit that is higher than
optional amenity fees charged to tenants in non -restricted units.
"HUD" means the United States Department of Housing and Urban Development.
Page 32
"Low -Income Household" means a Household whose Gross Household Income does
not exceed eighty percent (80%) of area median income adjusted for family size and published by
HUD, under the parameters established by Section 3 of the U.S. Housing Act of 1937, as amended,
for the Los Angeles -Long Beach -Glendale, CA HUD Metro FMR Area.
"Low -Income Rental Unit" means a rental unit in the Project reserved for and rented
to Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
"Qualified Household" means a Household that qualifies as a Very Low -Income
Household or Low -Income Household.
"Restricted Units" means the Very Low -Income Rental Units and Low -Income Rental
Units.
"Utility Allowance" means the allowance for utilities not furnished by the Owner,
which shall be calculated based on the most current version of the allowances for Tenant Furnished
Utilities and Other Services worksheet prepared by the Los Angeles Community Development
Authority or its successor agency using the form prepared by HUD.
"Very Low -Income Household" means a Household whose Gross Household Income
does not exceed fifty percent (50.0%) of area median income, adjusted for family size published by
the United States Department of Housing and Urban Development (HUD), under the parameters
established by Section 3 of the U.S. Housing Act of 1937, as amended, for the Los Angeles -Long
Beach -Glendale, CA HUD Metro FMR Area.
"Very Low -Income Rental Unit" means a rental unit in the Project reserved for and
rented to Very Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
2. Use of the Pro eU. Owner, on behalf of itself and its successors, assigns, and each
successor in interest to Owner's interest in the Property or any part thereof, hereby covenants and
agrees as follows:
A. The portion of the Property comprising the Project shall be used for
residential use. Owner shall rent: (i) Nine (9) of the studio units to be
developed at Affordable Rents to Low -Income Households and Very Low -
Income Households in the proportions shown in Recital "C;" (ii) 5 of the one -
bedroom units to be developed at Affordable Rents to Low -Income
Households, and (iii) 1 of the two -bedroom units to be developed at
Affordable Rents to Low -Income Households.
B. The designated Restricted Units are shown on the floor plan attached hereto
as Exhibit "C." These will be fixed locations (Note prior to execution of this
Agreement the Owner and City shall identify the Restricted Units on the floor
plan. Those units shall not be segregated from the market rate units. The
Restricted Units, by type and affordability, should be equitably distributed
throughout the Project. They shall not be distinguishable, nor located in
inferior locations nor clustered). For the full term, the number, size, type, and
Page 33
77 A
amenity level of Restricted Units shall not be fewer than the number nor
different from the size, type and amenity level described in this Agreement.
However, the location of the Restricted Units can be changed with prior
written approval from the City.
C. The formula for determining the current applicable (for the year 2021)
Affordable Rents is set forth in the Schedule of Affordable Rents attached to
this Agreement as Exhibit `B".
D. Occupancy Requirements: For a studio Restricted Unit, a maximum of two
people can occupy the unit. For a one -bedroom Restricted Unit, a maximum
of three people can occupy the unit. For a two -bedroom Restricted Unit, a
maximum of five people can occupy the unit.
E„ The Owner must forward a copy of its initial standard form of lease agreement
to the City for final review as to compliance with this Agreement and
thereafter upon request by City. In addition to other requirements imposed
under this Agreement, Owner's form of lease agreement must include the
following: (1) restrictions prohibiting tenants from subleasing the Restricted
Unit and that the Qualified Household must have continued residence in the
Restricted Unit; (2) a provision to the effect that Owner has relied on the
income certification and supporting information supplied by the tenant in
determining qualification for occupancy of the Restricted Unit and that any
material misstatement in such certification (whether or not intentional) will
be cause for termination of the lease in the soonest time period permitted by
applicable law; (3) A rider in the lease that a Household must move out within
sixty (60) days if they become over -income at their annual income
recertification. An over -income Household will be given a right of first
refusal to move into any unit for which they qualify and that is or becomes
vacant prior to moving out of their Restricted Unit; And (4) A rider in the
lease that a Household must move to the next available qualifying Restricted
unit if they are in excess of the maximum occupancy standards at their annual
income recertification.
F. Fair Housing Covenants: Owner covenants that it will comply with all
applicable state and federal fair housing laws in the marketing and rental of
the Restricted Units. Owner agrees to accept as tenants, on the same basis as
all other prospective tenants, persons who are recipients of federal certificates
or vouchers for rent subsidies under the Section 8 program or any successor
program, provided that the total rent to be paid for the subject unit is equal to
the then full market rent. The total amount of rent that may be charged and
received by Owner for a Restricted Unit is limited to the Affordable Rent.
G, Non -Discrimination Covenants: Owner may not restrict the rental, use,
occupancy, or enjoyment of the Restricted Units, the Property, or any portion
thereof, on the basis of the race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
Page 34
familial status, source of income, disability, or genetic information of any
person. Owner covenants for itself and all persons claiming under or through
it, and this Agreement is made and accepted upon and subject to the condition
that there may be no discrimination against or segregation of any person or
group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the lease,
use, occupancy, tenure or enjoyment of the Restricted Units. Nor may Owner
or any person claiming under or through Owner establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants.
H. Marketing of Units. Owner must offer each Restricted Unit for rental only to
Qualified Households. Owner must continuously maintain an interest list of
prospective tenants for Restricted Units that may become available in the
future. Owner may not charge more than the then current industry standard
per Adult Household member for application fees including credit check and
screening and background checks.
3. Enforegment of Covo4gr-
A. The City shall have the right, but not the obligation, to monitor and enforce
the covenants contained in this Agreement.
B. Owner shall comply with any monitoring program set up by City to enforce
the affordability covenants. Owner shall pay for actual costs of an
independent third -party affordable housing consultant chosen by the City to
provide, at rates that are competitive in the market area income limit
verification that meets the affordable housing requirements of this agreement.
C, Annual Reports. By no later than July 15th of each year following the
Commencement of the Term, Owner must submit an annual report ("Annual
Report") to the Director in a form reasonably satisfactory to the City Manager.
The Annual Report must include the following information for each Restricted
Unit:
The number of bedrooms;
2. The number of people residing in the Restricted Unit;
The current rent and other charges;
4. The dates of any vacancies during the previous year; and
The total Gross Household Income of the residents upon commencing
occupancy of their Restricted Unit and the source of such information.
Page 35
D. Additional Report Information. In addition to the information in Section 3.C,
the information in the Annual Report must include the following:
1. Information on the status of waiting lists for the Restricted Units.
E. In the event that a Household, on annual recertification, is determined to have
Gross Household Income in excess of the amounts set forth in Section 2(C)
and 2(D) of this Agreement Owner must cause the Household to vacate the
Restricted Unit and must re -rent the unit to a Qualified Household. However,
Owner shall allow the Household to remain in the Restricted Unit at the
Affordable Rent for up to sixty days. If, after sixty days, the Household has
not voluntarily vacated, an eviction notice must be served and pursued with
due diligence to conclusion. Owner shall offer any such Household that is
above 80% area median income an opportunity to rent any then available
comparably sized unit at market rent and shall offer any such Household that
is at or below 80% area median rent an opportunity to rent any then available
comparably sized Low -Income Rental Unit at Affordable Rent.
F. Maintenance of Records. Owner must maintain complete and accurate records
pertaining to the Restricted Units for a period of five years after the final date
of occupancy by a tenant and must permit any duly authorized representative
of City to inspect the books and records of Owner pertaining to the Project
including, but not limited to, those records pertaining to the occupancy of each
Restricted Unit.
4. Covenant is in Lieu of Affordable Housing Fees. City agrees that Owner's provision
of affordable rental housing in accordance with this agreement totally absolves the Project from being
charged inclusionary housing fees or any other fees intended to subsidize or contribute to affordable
housing in the City.
5. Covenants 'Running with the Laud. All conditions, covenants and restrictions
contained in this Agreement shall be covenants running with the land, and shall, in any event, and
without regard to technical classification or designation, legal or otherwise, be, to the fullest extent
permitted by law and equity, binding for the benefit and in favor of, and enforceable by City, its
successors and assigns, against Owner, its successors and assigns, to or of the Property or any portion
thereof or any interest therein, and any party in possession or occupancy of said Property or portion
thereof. City shall be deemed the beneficiary of the covenants, conditions and restrictions of this
Agreement both in its own right and for the purposes of protecting the interests of the community.
The covenants, conditions, and restrictions shall run in favor of the City without regard to whether
the City has been, remains, or is an owner of any land or interest therein in the Project area. The
covenants, conditions and restrictions contained in this Agreement shall not benefit nor be
enforceable by any person or entity except the City.
6. Subordination to Permitted Mort a cis. The use restrictions contained in Section 1 of
this Agreement, and City's rights hereunder, are subordinate to (i) any deed of trust or mortgage
encumbering the property provided that all of the proceeds of the loan secured by the deed of trust or
mortgage are used to acquire the Property and/or construct the Project, and (ii) any deed of trust or
Page 36
mortgage securing, the first permanent refinancing of the loan described in subsection (i) (said
encumbrances are referred to individually and collectively as "Permitted Mortgages"). The use
restrictions contained in Section 1 of this Agreement, and the City's rights thereunder, will not be
subordinated to any encumbrance existing as of the date of this Agreement other than Permitted
Mortgages.
7. Recordation. Prior to issuance of a certificate of occupancy, but not sooner than
issuance of building permits for the Project, this Agreement shall be recorded in the office of the
County Recorder of Los Angeles County.
8. Term. Every covenant and condition and restriction contained in this Agreement shall
remain in effect for fifty-five (55) years from the date on which the Project obtains a certificate of
occupancy.
9. Notice and 0 aorti it to Cure. Prior to exercising any remedies hereunder, City
shall give Owner notice of such default. If the default is reasonably capable of being cured within
thirty (30) days, Owner shall have such period to effect a cure prior to exercise of remedies by City.
If the default is such that it is not reasonably capable of being cured within thirty (30) days, and
Owner (a) initiates corrective action within said period, and (b) diligently, continually, and in good
faith works to effect a cure as soon as possible, then Owner shall have such additional time as is
reasonably necessary to cure the default prior to exercise of any remedies by City.
10. Enforcement. If a violation of any of the covenants or provisions of this Agreement
remains uncured after the respective time period set forth in Paragraph 9, above, City and its
successors and assigns, without regard to whether City or its successors and assigns is an owner of
any land or interest therein to which these covenants relate, may institute and prosecute any
proceedings at Taw or in equity to abate, prevent or enjoin any such violation or attempted violation
or to cornpel specific performance by Owner of its obligations hereunder. No delay in enforcing the
provisions hereof as to any breach or violation shall impair, damage or waive the right: of the City to
enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition
of such breach or violations or any similar breach or violation hereof at any later time.
11. Liens. Nothing herein contained shall be deemed to prohibit Owner from contesting
the validity or amounts of any encumbrance, lien, levy or attachment, or to limit the remedies
available to Owner in respect thereto.
Page 37
IN WITNESS WHEREOF, the City and the Owner have signed this Agreement as of the dates set
opposite their signatures.
CITY OF EL SEGUNDO
APPROVED AS TO FORM AND LEGALITY
City Attorney
BRE EL SEGUNDO PROPERTY OWNER A LLC
Patrick Volz, Vice President
Page 38
STATE OF CALIFORNIA
COUNTY OF
On -before me, ......... �.. a Notary Public,
personally appeared satisfactory evidence to be the person(s)
known to me (or proved to
me on the basis of sa
ry ) p (s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On -before me, .........._, a Notary Public,
personally pp s personally known to me (or proved to
me on the basis of sat isfactory evidence to be
ersonall appeared _
t ...� .....) the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
Page 39
EXHIBIT A
LEGAL DESCRIPTION
All the certain real property located in the City of El Segundo, County of Los Angeles, State of
California, described as follows:
Lot I of Vesting Map No. 82806 recorded on _ , 20, in the County
Recorder's Office of Los Angeles County.
Page 40
EXHIBIT `B"
AFFORDABLE RENTS
a. The gross rents for the Restricted Units shall be based on the rent schedule published
annually for Los Angeles County by CTCAC in accordance with IRC Section 42.
This schedule currently provides:
Per HUD Notice
Effective: April 1, 2021
CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE 2021
Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990 Ceilings That Elected with the Secretary of the Treasury*
to use the Port-1989 Rents
*(See IRC Section 42 - Section 13142(c) of the Omnibus Budget Reconciliation Act of 1993)
For Pr9jects Placed in Service on or after 4111211+
Cotaniv Efficiency 1 BR 2 BR 31311
100% Income Level $2,070 $2,216 $2,660 $3,072
80% Income Level $1,656 $1.774 $2,128 $2,459
50% Income Level $1,035 $1,108 $1,330 $1,536
b. The Housing Related Expenses, as applicable, must be deducted from the gross rent
as adjusted for unit size and described above to determine the Affordable Rent.
In the event this schedule ceases to be published, the gross monthly rents shall be calculated
using the following methodology. The gross monthly rents must be reduced by the Housing
Related Expensesto determine the Affordable Rent, For1. the sole purpose of calculating the Affordable Rents, the following
benchmark household sizes will be applied: Studio/ Efficiency Unit = 1
Person, 1 Bedroom Unit = 1.5 Persons and 2 Bedroom Unit = 3 Persons.
ii. Low Income Rental Units: Gross monthly rent is calculated by taking the
most recent HUD Low -Income Limit for benchmark household sizes equal
to 1.5 persons multiplied times the number of bedrooms in the unit. The
benchmark household size is then multiplied times thirty percent (30%) then
divided by twelve (12) to determine the gross monthly rent. By way of
example: The FY2021 HUD Low -Income Limit for a 1 person household is
$66,250 thus the gross monthly rent for a Studio/Efficiency Unit is ($66,250
x 30%) / 12 = $1,656. The FY2021 HUD Low -Income Limit for a 1.5 person
household is the 1 person Low -Income Limit plus the 2 person Low -Income
Limit, divided by two, thus the gross monthly rent for a 1 Bedroom Unit is
(($66,250 + $75,700) /2) x 30%) / 12 = $1,774. The FY2021 HUD Low -
Income Limit for a 3 person household is $85,150 thus the gross monthly
rent for a 2 Bedroom Unit is ($85,150 times 30%) / 12 = $2,128.
ill. "Very Low -Income" units: Gross monthly rent is calculated by taking the
most recent HUD Very Low -Income Limit for benchmark household sizes
equal to 1.5 persons multiplied times the number of bedrooms in the unit.
Page 41
4 2
The benchmark household size is then multiplied times thirty percent (30%)
then divided by twelve (12) to determine the gross monthly rent. By way of
example: The FY2021 HUD Very Low -Income Limit for a 1 person
household is $41,400 thus the gross monthly rent for a Studio/Efficiency
Unit is ($41,400 x 30%) / 12 = $1,035. The FY2021 HUD Very Low -Income
Limit for a 1.5 person household is the 1 person Low- Income Limit plus the
2 person Very Low -Income Limit, divided by two thus the gross monthly
rent for a 1 Bedroom Unit is (($41,400 + $47,300) /2) x 30%) / 12 = $1,108.
The FY2021 HUD Very Low -Income Limit for a 3 person household is
$53,200 thus the gross monthly rent for a 2 Bedroom Unit is ($53,200 x
30%) / 12 = $1,330.
Page 42
EXHIBIT C
DESIGNATED RESTRICTED UNITS
Page 43
EXHIBIT D-2
PCC NORTH AFFORDABLE HOUSING AGREEMENT
Page 44
M
Recording Requested by and
When Recorded Return to:
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
OFFICIAL BUSINESS
Document entitled to free
recording per Government
Code Section 6103
Space above this line for Recorder's use only
AGREEMENT CREATING AFFORDABLE HOUSING COVENANTS
(INCLUDING RENTAL RESTRICTIONS)
THIS AGREEMENT is entered into as of , 202_, by and between the CITY OF
EL SEGUNDO, a municipal corporation (herein referred to as "City") and BRE EL SEGUNDO
PARKING LLC, a Delaware limited liability company (herein referred to as "Owner").
A. Owner owns fee title to that certain real property (the "Property") located in the City
of El Segundo, County of Los Angeles, State of California, legally described on
Exhibit A attached hereto and incorporated herein.
B. Owner has entered into a development agreement with City (the "Development
Agreement") entitling Owner to develop a mixed -use project containing 137 multi-
family apartment units on the Property (the "Project").
C. In accordance with the requirements of Section 5.2 of the Development Agreement,
a minimum of seventeen (17) units, shall be reserved for occupancy at an Affordable
Rent to persons or families that qualify as a Low -Income Household or Very Low -
Income Household, as follows:
Affordable
Housing Units
PCC North
(Sub -Set of Total)
Affordability Levels
Studios
47
9
2 Very Low/7 Low
One Bedrooms
67
6
6 Low
Two Bedrooms
23
2
2 Low
Totals
137
17
2 Very Low/15 Low
Page 45
D. City desires to enter this Agreement in order to ensure that the required number of
Restricted Units will be made available to and occupied by Qualified Households in
accordance with the terms and conditions of the Development Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged,
CITY AND OWNER AGREE AS FOLLOWS:
Definitions
"Adult" means a person 18 years of age or older,
"Affordable Rent" means the maximum gross rent that can be borne by tenants in the
Restricted Units, as published by CTCAC annually, minus Housing Related Expenses. The gross
rent for the Low Income Rental Units is based on 80% of the Los Angeles County median income
for the applicable unit type, and the gross rent for Very Low Income Rental Units is based on 50%
of the Los Angeles County median income for the applicable unit type. Affordable Rent amounts
will be adjusted annually to reflect increases in maximum gross rent published by CTCAC.
"CTCAC" means the California Tax Credit Allocation Committee.
"Gross Household Income: means all income from whatever source from all Adult
Household members, which is anticipated to be received during the 12-month period following the
date of the determination of Gross Household Income. The applicable sources of income are defined
in California Code of Regulations Title 25 Housing and Community Development Section 6914.
"Household" means all the persons who will occupy the Restricted Unit as their
principal residence. A child who is subject to a legally binding shared -custody agreement, in which
the child resides with the Household at least 50% of the time, is counted as a member of the
Household. Excluded from the definition of Household are live-in caregivers/caretakers, foster
children, unborn children and children being pursued for legal custody or adoption that are not
currently living with the Household.
"Housing Related Expenses" means any costs other than rent that are required to be
borne by a tenant in a Restricted Unit in the Project. These costs include, but are not limited to, a
Utility Allowance, any cost that are imposed by the Owner on a mandatory basis, and any mandatory
costs that are charged by the Owner for amenities included in the Project. Owner may charge tenants
in a Restricted Unit optional costs that are not Housing Related Expenses related to elective amenities
requiring an optional service fee such as classes, room rentals, food service, or special events, but is
prohibited from charging a tenant in a restricted unit any fee for equal access to common areas or
project amenities such as pools, gyms, community rooms and outdoor areas. In addition, Owner is
prohibited from charging any optional amenity fees to a tenant in a Restricted Unit that is higher than
optional amenity fees charged to tenants in non -restricted units.
"HUD" means the United States Department of Housing and Urban Development.
Page 46
"Low -Income Household" means a Household whose Gross Household Income does
not exceed eighty percent (80%) of area median income adjusted for family size and published by
HUD, under the parameters established by Section 3 of the U.S. Housing Act of 1937, as amended,
for the Los Angeles -Long Beach -Glendale, CA HUD Metro FMR Area.
"Low -Income Rental Unit" means a rental unit in the Project reserved for and rented
to Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
"Qualified Household" means a Household that qualifies as a Very Low -Income
Household or Low -Income Household.
"Restricted Units" means the Very Low -Income Rental Units and Low -Income Rental
Units.
"Utility Allowance" means the allowance for utilities not furnished by the Owner,
which shall be calculated based on the most current version of the allowances for Tenant Furnished
Utilities and Other Services worksheet prepared by the Los Angeles Community Development
Authority or its successor agency using the form prepared by HUD.
"Very Low -Income Household" means a Household whose Gross Household Income
does not exceed fifty percent (50.0%) of area median income, adjusted for family size published by
the United States Department of Housing and Urban Development (HUD), under the parameters
established by Section 3 of the U.S. Housing Act of 1937, as amended, for the Los Angeles -Long
Beach -Glendale, CA HUD Metro FMR Area.
"Very Low -Income Rental Unit" means a rental unit in the Project reserved for and
rented to Very Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
2. Use of the Pro e Owner, on behalf of itself and its successors, assigns, and each
successor in interest to Owner's interest in the Property or any part thereof, hereby covenants and
agrees as follows:
A. The portion of the Property comprising the Project shall be used for
residential use. Owner shall rent: (i) Nine (9) of the studio units to be
developed at Affordable Rents to Low -Income Households and Very Low -
Income Households in the proportions shown in Recital "C;" (ii) 6 of the one -
bedroom units to be developed at Affordable Rents to Low -Income
Households, and (iii) 2 of the two -bedroom units to be developed at
Affordable Rents to Low -Income Households.
B. The designated Restricted Units are shown on the floor plan attached hereto
as Exhibit "C." These will be fixed locations (Note prior to execution of this
Agreement the Owner and City shall identify the Restricted Units on the floor
plan. Those units shall not be segregated from the market rate units. The
Restricted Units, by type and affordability, should be equitably distributed
throughout the Project. They shall not be distinguishable, nor located in
inferior locations nor clustered). For the full term, the number, size, type, and
Page 47
amenity level of Restricted Units shall not be fewer than the number nor
different from the size, type and amenity level described in this Agreement.
However, the location of the Restricted Units can be changed with prior
written approval from the City.
C. The formula for determining the current applicable (for the year 2021)
Affordable Rents is set forth in the Schedule of Affordable Rents attached to
this Agreement as Exhibit "B".
D. Occupancy Requirements: For a studio Restricted Unit, a maximum of two
people can occupy the unit. For a one -bedroom Restricted Unit, a maximum
of three people can occupy the unit. For a two -bedroom Restricted Unit, a
maximum of five people can occupy the unit.
E. The Owner must forward a copy of its initial standard form of lease agreement
to the City for final review as to compliance with this Agreement and
thereafter upon request by City. In addition to other requirements imposed
under this Agreement, Owner's form of lease agreement must include the
following: (1) restrictions prohibiting tenants from subleasing the Restricted
Unit and that the Qualified Household must have continued residence in the
Restricted Unit; (2) a provision to the effect that Owner has relied on the
income certification and supporting information supplied by the tenant in
determining qualification for occupancy of the Restricted Unit and that any
material misstatement in such certification (whether or not intentional) will
be cause for termination of the lease in the soonest time period permitted by
applicable law; (3) A rider in the lease that a Household must move out within
sixty (60) days if they become over -income at their annual income
recertification. An over -income Household will be given a right of first
refusal to move into any unit for which they qualify and that is or becomes
vacant prior to moving out of their Restricted Unit; and (4) A rider in the lease
that a Household must move to the next available qualifying Restricted unit
if they are in excess of the maximum occupancy standards at their annual
income recertification.
F. Fair Housing Covenants: Owner covenants that it will comply with all
applicable state and federal fair housing laws in the marketing and rental of
the Restricted Units. Owner agrees to accept as tenants, on the same basis as
all other prospective tenants, persons who are recipients of federal certificates
or vouchers for rent subsidies under the Section 8 program or any successor
program, provided that the total rent to be paid for the subject unit is equal to
the then full market rent. The total amount of rent that may be charged and
received by Owner for a Restricted Unit is limited to the Affordable Rent.
G. Non -Discrimination Covenants: Owner may not restrict the rental, use,
occupancy, or enjoyment of the Restricted Units, the Property, or any portion
thereof, on the basis of the race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
Page 48
64 2
familial status, source of income, disability, or genetic information of any
person. Owner covenants for itself and all persons claiming under or through
it, and this Agreement is made and accepted upon and subject to the condition
that there may be no discrimination against or segregation of any person or
group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the lease,
use, occupancy, tenure or enjoyment of the Restricted Units. Nor may Owner
or any person claiming under or through Owner establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants.
H. Marketing of Units. Owner must offer each Restricted Unit for rental only to
Qualified Households. Owner must continuously maintain an interest list of
prospective tenants for Restricted Units that may become available in the
future. Owner may not charge more than the then current industry standard
per Adult Household member for application fees including credit check and
screening and background checks.
3. Enforcemgiit of Covenants.
A. The City shall have the right, but not the obligation, to monitor and enforce
the covenants contained in this Agreement.
B. Owner shall comply with any monitoring program set up by City to enforce
the affordability covenants. Owner shall pay for actual costs of an
independent third -party affordable housing consultant chosen by the City to
provide, at rates that are competitive in the market area income limit
verification that meets the affordable housing requirements of this agreement.
C. Annual Reports. By no later than July 15t` of each year following the
Commencement of the Term, Owner must submit an annual report ("Annual
Report") to the Director in a form reasonably satisfactory to the City Manager.
The Annual Report must include the following information for each Restricted
Unit:
6. The number of bedrooms;
7. The number of people residing in the Restricted Unit;
The current rent and other charges;
9. The dates of any vacancies during the previous year; and
10. The total Gross Household Income of the residents upon commencing
occupancy of their Restricted Unit and the source of such information.
Page 49
'15 ;. ,
D. Additional Report Information. In addition to the information in Section 3('C),
the information in the Annual Report must include the following:
2. Information on the status of waiting lists for the Restricted Units.
E, In the event that a Household, on annual recertification, is determined to have
Gross Household Income in excess of the amounts set forth in Section 2(C)
and 2(D) of this Agreement Owner must cause the Household to vacate the
Restricted Unit and must re -rent the unit to a Qualified Household. However,
Owner shall allow the Household to remain in the Restricted Unit at the
Affordable Rent for up to sixty days. If, after sixty days, the Household has
not voluntarily vacated, an eviction notice must be served and pursued with
due diligence to conclusion. Owner shall offer any such Household that is
above 80% area median income an opportunity to rent any then available
comparably sized unit at market rent and shall offer any such Household that
is at or below 80% area median rent an opportunity to rent any then available
comparably sized Low -Income Rental Unit at Affordable Rent.
F, Maintenance of Records. Owner must maintain complete and accurate
records pertaining to the Restricted Units for a period of five years after the
final date of occupancy by a tenant and must permit any duly authorized
representative of City to inspect the books and records of Owner pertaining
to the Project including, but not limited to, those records pertaining to the
occupancy of each Restricted Unit.
4. Covenant is in Lieu of Affordable Housing Fees. City agrees that Owner's provision
of affordable rental housing in accordance with this agreement totally absolves the Project from being
charged inclusionary housing fees or any other fees intended to subsidize or contribute to affordable
housing in the City.
5. Covenants Runnirig, with the Land. All conditions, covenants and restrictions
contained in this Agreement shall be covenants running with the land, and shall, in any event, and
without regard to technical classification or designation, legal or otherwise, be, to the fullest extent
permitted by law and equity, binding for the benefit and in favor of, and enforceable by City, its
successors and assigns, against Owner, its successors and assigns, to or of the Property or any portion
thereof or any interest therein, and any party in possession or occupancy of said Property or portion
thereof. City shall be deemed the beneficiary of the covenants, conditions and restrictions of this
Agreement both in its own right and for the purposes of protecting the interests of the community.
The covenants, conditions, and restrictions shall run in favor of the City without regard to whether
the City has been, remains, or is an owner of any land or interest therein in the Project area. The
covenants, conditions and restrictions contained in this Agreement shall not benefit nor be
enforceable by any person or entity except the City.
6. Subordination to Permitted Mort a es. The use restrictions contained in Section 1 of
this Agreement, and City's rights hereunder, are subordinate to (i) any deed of trust or mortgage
encumbering the property provided that all of the proceeds of the loan secured by the deed of trust or
mortgage are used to acquire the Property and/or construct the Project, and (ii) any deed of trust or
Page 50
mortgage securing the first permanent refinancing of the loan described in subsection (i) (said
encumbrances are referred to individually and collectively as "Permitted Mortgages"). The use
restrictions contained in Section 1 of this Agreement, and the City's rights thereunder, will not be
subordinated to any encumbrance existing as of the date of this Agreement other than Permitted
Mortgages.
7. Recordation.. Prior to issuance of a certificate of occupancy, but not sooner than
issuance of building permits for the Project, this Agreement shall be recorded in the office of the
County Recorder of Los Angeles County.
8. Term. Every covenant and condition and restriction contained in this Agreement shall
remain in effect for fifty-five (55) years from the date on which the Project obtains a certificate of
occupancy.
9. Notice and ODDortuiutv to Cure. Prior to exercising any remedies hereunder, City
shall give Owner notice of such default. If the default is reasonably capable of being cured within
thirty (30) days, Owner shall have such period to effect a cure prior to exercise of remedies by City.
If the default is such that it is not reasonably capable of being cured within thirty (30) days, and
Owner (a) initiates corrective action within said period, and (b) diligently, continually, and in good
faith works to effect a cure as soon as possible, then Owner shall have such additional time as is
reasonably necessary to cure the default prior to exercise of any remedies by City.
10. Enforcement. If a violation of any of the covenants or provisions of this Agreement
remains uncured after the respective time period set forth in Paragraph 9, above, City and its
successors and assigns, without regard to whether City or its successors and assigns is an owner of
any land or interest therein to which these covenants relate, may institute and prosecute any
proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation
or to compel specific performance by Owner of its obligations hereunder. No delay in enforcing the
provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to
enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition
of such breach or violations or any similar breach or violation hereof at any later time.
11. Liens. Nothing herein contained shall be deemed to prohibit Owner from contesting
the validity or amounts of any encumbrance, lien, levy or attachment, or to limit the remedies
available to Owner in respect thereto.
Page 51
1 4" lJ E.
IN WITNESS WHEREOF, the City and the Owner have signed this Agreement as of the dates set
opposite their signatures.
CITY OF EL SEGUNDO
APPROVED AS TO FORM AND LEGALITY
City Attorney
USA
BRE EL SEGUNDO PARKING LLC
Page 52
Patrick Volz, Vice President
STATE OF CALIFORNIA
COUNTY OF
On _ _- before me, .. _ , a Notary
Public,
personally appeared personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On - before me,
a Notary
Public,
personallyappeared ppeare , personally known to me (or proved to
me on the basis of sa
tisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
,
EXHIBIT A
LEGAL DESCRIPTION
All the certain real property located in the City of El Segundo, County of Los Angeles, State of
California, described as follows:
Lot 5 of Vesting Map No. 82806 recorded on , 20, in the County
Recorder's Office of Los Angeles County.
2
EXHIBIT `B"
AFFORDABLE RENTS
a. The gross rents for the Restricted Units shall be based on the rent schedule
published annually for Los Angeles County by CTCAC in accordance with IRC
Section 42. This schedule currently provides:
Per HUD Notice
Effective: April 1, 2021
CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE 2021
Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990 Ceilings That Elected with the Secretary of the
Treasury' to use the Post-1989 Rents
'(See IRC Section 42 - Section 13142(c) of the Omnibus Budget Reconciliation Act of 1993)
For Projects Placed to Service on or after 411129+
lICounty Efficiency 1 BR 2 BR 311311
10601. Income Level $2,070 $2,216 06 '$3,02
80% Income Level $1,656 $1,774 $2,18$2,459
ape , Income'Level $1,035 $1,108 $1,33o p1,5 5
b. The Housing Related Expenses, as applicable, must be deducted from the gross
rent as adjusted for unit size and described above to determine the Affordable
Rent.
In the event this schedule ceases to be published, the gross monthly rents shall be
calculated using the following methodology. The gross monthly rents must be reduced
by the Housing Related Expenses to determine the Affordable Rent,
i. For the sole purpose of calculating the Affordable Rents, the following
benchmark household sizes will be applied: Studio/ Efficiency Unit = 1
Person, 1 Bedroom Unit = 1.5 Persons and 2 Bedroom Unit = 3 Persons.
ii. Low Income Rental Units: Gross monthly rent is calculated by taking
the most recent HUD Low -Income Limit for benchmark household sizes
equal to 1.5 persons multiplied times the number of bedrooms in the
unit. The benchmark household size is then multiplied times thirty
percent (30%) then divided by twelve (12) to determine the gross
monthly rent. By way of example: The FY2021 HUD Low -Income
Limit for a 1 person household is $66,250 thus the gross monthly rent
for a Studio/Efficiency Unit is ($66,250 x 30%) / 12 = $1,656. The
FY2021 HUD Low -Income Limit for a 1.5 person household is the 1
person Low -Income Limit plus the 2 person Low -Income Limit, divided
by two, thus the gross monthly rent for a 1 Bedroom Unit is (($66,250 +
$75,700) /2) x 30%) / 12 = $1,774. The FY2021 HUD Low -Income
Limit for a 3 person household is $85,150 thus the gross monthly rent
for a 2 Bedroom Unit is ($85,150 times 30%) / 12 = $2,128.
"Very Low -Income" units: Gross monthly rent is calculated by taking
the most recent HUD Very Low -Income Limit for benchmark household
sizes equal to 1.5 persons multiplied tithes the number of bedrooms in
the unit. The benchmark household size is then multiplied times thirty
percent (30%) then divided by twelve (12) to determine the gross
monthly rent. By way of example: The FY2021 HUD Very Low -Income
Limit for a 1 person household is $41,400 thus the gross monthly rent
for a Studio/Efficiency Unit is ($41,400 x 30%) / 12 = $1,035. The
FY2021 HUD Very Low -Income Limit for a 1.5 person household is the
1 person Low- Income Limit plus the 2 person Very Low -Income Limit,
divided by two thus the gross monthly rent for a 1 Bedroom Unit is
(($41,400 + $47,300) /2) x 30%) / 12 = $1,108. The FY2021 HUD Very
Low -Income Limit for a 3 person household is $53,200 thus the gross
monthly rent for a 2 Bedroom Unit is ($53,200 x 30%) / 12 = $1,330.
4
6A
EXHIBIT C
DESIGNATED RESTRICTED UNITS