Loading...
2012 Mar 06 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2012 — 5:00 P.M. Next Resolution #4772 Next Ordinance #1469 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to appoint the City Attorney as labor negotiator with regard to the City Manager position. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sect.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows. - CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -1- matter 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- matter. 1. Claim 10-35 - Wyle 2. Claim 12-12 - Willmore Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter 1. Position: City Manager 0 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters 1. Unrepresented Employee: City Manager City's Negotiator: City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 3 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2012 - 7:00 P.M. Next Resolution #4772 Next Ordinance #1469 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church 2 PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS (a) Proclamation proclaiming March 10, 2012 as California Arbor Day (b) Chevron Presentation as sponsor for Arbor Day ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another. and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to open a public hearing and receive testimony to: 1) approve Environmental Assessment No. 890 certifying the Environmental Impact Report (EIR) for the 540 East Imperial Avenue Specific Plan Project including the Mitigation Monitoring and Reporting Program (MMRP); 2) adopt a Statement of Overriding Considerations; and 3) approve General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, Subdivision No. 10-01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with conditions. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: NIA) _ Recommendation — 1) Open the public hearing; 2) Discussion; 3) Adopt a Resolution certifying the EIR (Environmental Assessment No. EA-890); adopting a Statement of Overriding Considerations (SOC), implementing a Mitigation Monitoring and Reporting Program (MMRP), amending the General Plan (Amendment No. 10- 03), and approving Subdivision 10-01 for Vesting Tentative Map (VTM) 71410 and VTM 71582; 4) Introduce, and waive first reading, of Ordinance for Zone Change No. 10-01, Zone Text Amendment No. 10-06, Specific Plan No. 10-03, and Development Agreement No. 10-02; 5) Schedule second reading and adoption of Ordinance on March 20, 2012; and/or 6) Alternatively, discuss and take other possible action related to this item. C. UNFINISHED BUSINESS 2. Consideration and possible action to discuss and receive testimony regarding establishment of priority projects for implementation of the South Bay Bicycle Master Plan. Applicant: City Initiated (Fiscal Impact: Varies based upon direction) Recommendation — 1) Discussion; 2) Provide direction to staff; and/or 3) Alternatively, discuss and take other possible action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 3. Consideration and possible action to receive and file a status report from the Disaster Council. (Fiscal Impact: N/A) Recommendation — 1) Receive an oral presentation regarding the status of Disaster Council items; 2) Alternatively, discuss and take other possible action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Warrant Numbers 2586321 to 2586511 on Register No. 10 in the total amount of $402,120.89 and Wire Transfers from 2/3/12 through 2/16/12 in the total amount of $2,313,856.43. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 5. Regular City Council Meeting Minutes of February 21, 2012 Recommendation — Approval. IJ 6. Consideration and possible action regarding awarding a contract to Big West Construction Corporation for construction related to Group 42 (34 homes) of the City's Residential Sound Insulation Program (Project No. RSI 12-01). (Estimated construction costs and retention: $1,449,785.70) Recommendation — 1) Award a contract to Big West Construction Corporation; 2) Authorize the Interim City Manager to execute a contract in a form approved by the City Attorney; and/or 3) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding the execution of an agreement with the State of California Franchise Tax Board for the sharing of business tax information. (Fiscal Impact: $N/A) Recommendation — 1) Authorize the Interim City Manager to execute and approve the State of California agreement C11001641 2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding acceptance of a project for the installation of surveillance equipment at the City Police Station. Project No.: PW 11-03. (Fiscal Impact: $56,520.87) Recommendation — 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; 3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding rejection of the bid for Installation of Fiber Optic Cable (Phase 2 for future I -Net) for non -City Hall City Facilities and approval to rebid the project following Scope of Work modifications. Project No. PW 11-13, Approved Capital Improvement Project. (Fiscal Impact: $130,000.00) Recommendation — 1) Reject the bid received on February 21, 2012; 2) Authorize staff to re -advertise the project for receipt of Construction Bids; 3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action to approve continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) Recommendation — 1) Approve the continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range, or 2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 7 G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Council Member Brann — Council Member Jacobson — Mayor Pro Tern Fisher — Mayor Busch — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT E:3 POSTED: DATE: (�- I a TIME: I gWo o NAME:CO�-aMA&AA,%- rortamatt'011 Cite of (9I &egunbo, California WHEREAS, Arbor Day was founded by J. Sterling Morton and first celebrated in the United States in 1872 as a special day for the planting of trees. In the State of California, Arbor Day has been observed since 1911 to enhance appreciation and knowledge of the State's natural wonders; and WHEREAS, El Segundo Arbor Day celebrations have been presented annually for a quarter century by local youth of TREE MUSKETEERS, and as a result of our City's commitment to its community forest, El Segundo has been named a Tree City USA since 2003; and WHEREAS, Arbor Day is a time to recognize the value of our community's trees that clean the air, reduce noise, absorb smells, produce life sustaining oxygen, prevent erosion, help conserve energy and water, increase property values, enhance the economic vitality of business areas, beautify our community, and wherever trees are planted, they are a source of joy and spiritual renewal that bring people together as neighbors; and WHEREAS, TREE MUSKETEERS in partnership with the City of El Segundo, its conscientious business citizens, service clubs and residents tall or small will plant and care for trees along Imperial Highway on March 10, 2012 at 9:00 AM in observance of California Arbor Day; and WHEREAS, This Arbor Day project further signifies the City of El Segundo's commitment to the environment and the fight against global warming. NOW, THEREFORE, the Mayor and members of the City Council of the City of El Segundo, California, join with communities across the State of California in proclaiming March 10, 2012 as California ArborDayand invite all citizens to participate with TREE MUSKETEERS on its 25th anniversary and to otherwise honor all trees and the young people of our community for the important roles they play in improving our hometown quality of life. PRESENTATIONS (b) Chevron Presentation as sponsor for Arbor Day. EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to open a public hearing and receive testimony to: 1) approve Environmental Assessment No. 890 certifying the Environmental Impact Report (EIR) for the 540 East Imperial Avenue Specific Plan Project including the Mitigation Monitoring and Reporting Program (MMRP); 2) adopt a Statement of Overriding Considerations; and 3) approve General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10- 01, Zone Text Amendment No. 10-06, Development Agreement No.10-02, Subdivision No-10- 01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with conditions. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Open the public hearing; 2. Discussion; 3. Adopt a Resolution certifying the EIR (Environmental Assessment No. EA-890); adopting a Statement of Overriding Considerations (SOC), implementing a Mitigation Monitoring and Reporting Program (MMRP), amending the General Plan (Amendment No. 10-03), and approving Subdivision 10-01 for Vesting Tentative Map (VTM) 71410 and VTM 71582; 4. Introduce, and waive first reading, of Ordinance for Zone Change No-10-01, Zone Text Amendment No. 10-06, Specific Plan No. 10-03, and Development Agreement No. 10-02; 5. Schedule second reading and adoption of Ordinance on March 20, 2012; and/or, 6. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft City Council Resolution and attachments including Mitigation Monitoring and Reporting Program 2. Draft Ordinance and Exhibits including the 540 East Imperial Avenue Specific Plan and the Draft Development Agreement 3. Planning Commission Resolution No. 2714 4. 4"' Quarter 2009 LAX Noise Contour Map 5. Airport Land Use Commission Staff Report and Draft Resolution 6. Settlement Agreement Regarding Aviation Easements 7. Draft Declaration of Conditions and Restrictions Affecting Real Property 8. Park Vista Senior Facility Ad -Hoc Committee Letter (submitted on January 26, 2012) 9. Final EIR and Errata 10. Project Plans FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager F REVIEWED BY: Greg Carpenter, Interim City Manager APPROVED BY: Greg Carpenter, Interim City Manager I. Introduction The 5.65-acre 540 East Imperial Avenue site is comprised of six lots and is currently improved with the Imperial Avenue Elementary School. The site is currently zoned Planned Residential Development (PRD) and is consistent with the current General Plan Land Use Designation of PRD. The PRD Zone limits development to a specific number of residential dwelling units: 29 single-family units and 36 multi -family units. The now unoccupied elementary school was built in 1956. Due to the decline in enrollment in the El Segundo Unified School District (ESUSD), the school campus was closed in 1975. In 1984, it was used as an employee training facility for the Hughes Aircraft Company. In 1997, the school campus was re -opened under a lease to the Los Angeles Unified School District (LAUSD) as a special needs school, but was closed again a few years later. The proposed project site is currently owned by the ESUSD. Between March 2008 and May 2009, the ESUSD held a series of meetings to establish the best use of the property and decided on a plan to re -entitle the site for lease or sale and to develop the property with a new use. Between June 2010 and August 2010, two informational community/neighborhood meetings were held to introduce the concept project and to give residents the opportunity to participate in the preliminary development phase. A third public workshop was held on August 12, 2010 before the Planning Commission as an informational item. An application for the project was filed with the City on September 9, 2010. II. Proiect Applications The application includes the following: 1) Environmental Assessment (EA) No. 890 California Environmental Quality Act (CEOA) and State Clearing House (SCH) No. 2011071019. — An Environmental Impact Report for Environmental Assessment No 890 (540 East Imperial Avenue Specific Plan) is proposed for this project pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines. (See Exhibit 9) 2) General Plan Amendment (GPA) No. 10-03 — Amend the General Plan to Re -designate the project site from Planned Residential Development to the 540 East Imperial Avenue Specific Plan (EIASP). The requested General Plan Amendment will allow for one of two conceptual residential options: Option 1, a Senior Housing Community with a Multi -Family Residential (R-3) component (304 units), or Option 2, a Mixed Residential Development (58 units). The requested designation would allow for the proposed Senior Housing Community with an increased maximum floor area ratio (FAR) of 0.75. 3) Specific Plan (SP) No. 10-03 — Addition of the 540 East Imperial Avenue Specific Plan (EIASP) for the project site that establishes the development standards within the Specific Plan (See Exhibit 2). 4) Zone Change (ZC) No. 10-01 — Amend the Zoning Map to rezone the project site from the Planned Residential Development (PRD) Zone to the 540 East Imperial Avenue Specific Plan (EIASP) Zone. The requested rezoning will allow for consistency with the proposed General Plan Amendment. 2 5) Zone Text Amendment (ZTA) No. 10-06 — Zone Text Amendment to: 1) delete the Planned Residential (PRD) Zone from ESMC § 15-3-1; 2) add the 540 East Imperial Avenue Specific Plan to ESMC § 15-3-1; 3) add a new ESMC § 15-3-2(A)(7) "540 East Imperial Avenue Specific Plan"; and 4) delete ESMC § 15-4D-1 (Planned Residential Development (PRD) in its entirety. 6) Development Agreement (DA) No. 10-02 — Approve the Development Agreement to provide public benefits in exchange for development rights (ten-year entitlement with the option for a five year extension) (See Exhibit 2). 7) SUB 10-01 for Vesting Tentative Map (VTM) No. 71410 (Option 1 -7 lots) or VTM No. 71582 (Option 2- 31 lots) — A subdivision to allow the division of land from six lots to seven lots under Option 1, or from six lots to 31 lots under Option 2. (See Exhibit 10). III. Backparound The proposed 540 East Imperial Avenue Specific Plan Project would result in entitlements to develop one of two conceptual project options. Specific Plan Site Plan Option 1 (Option 1) includes a maximum of 150 assisted/independent living units and 150 senior apartments/condominiums (age 55 and older) and four apartments/ condominiums. Specific Plan Site Plan Option 2 (Option 2) includes a residential development with a mix of 24 single- family dwelling units and 34 multiple -family dwelling units. The development standards for the apartments/condominiums in Option 1 are designed to be consistent with the Multi -Family Residential (R-3) Zone standards. The development standards for Option 2 are designed to be consistent with the Single -Family Residential (R-1) Zone standards and the Multi -Family Residential (R-3) Zone standards for the single-family residential uses and the multi -family residential uses respectively. A comparison is provided in Table 1. Table 1 East Imperial Avenue Specific Plan Option Comparison Project Item Option 1 Option 2 Project Construct a three-story, 150 unit Construct 34 Multi -Family Description Assisted/Independent Living Dwelling Units and 24 Single - Complex and 150 Senior Family Dwelling Units Apartments/Condominiums with 4 market rate Apartment/Condominiums Parcel Size 5.65 acres 5.65 aces Maximum 0.75:1 0.53:1 for Single -Family Floor Area Ratio (FAR) For Multi -Family: 1 DU/1613 square feet of lot area on property 15,000 square feet or less. A fraction of a lot greater than 1,075 square feet will allow 3 an additional unit 1 DU/2,420 square feet of lot area on property greater than 15,000 square feet. A fraction of a lot greater than 1,613 square feet will allow an additional unit. Front Along East Imperial Ave: 20- For Single -Family: In accordance foot minimum with ESMC Chapter 154A. Side: 40 foot minimum For Multi -Family: In accordance with ESMC Chapter 154B Rear: 40 foot minimum between the southern side of the Specific Plan area and the R-3 uses to the south Mkiiiiiuiii 1-ot 15,000 square feet Single -Family: 5,000 gross square S ize feet Multi -Family: 7,000 gross square feet. Maximum 35 feet (three stories) 35 feet (Multi -Family) Building 45 feet for parapets 26 feet (Single -Family) 1-leight Common 54,149 46,950 Open Space Parking 261 spaces 213 spaces Vesting VTM 71410 for 7 lots VTM 71582 for 31 lots Tentative Tract Map Public Benefit LEED Certified project. A 15 LEED Certified project. A 10 percent housing set aside for percent housing set aside for affordable units. affordable units. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Site Description The project site is bordered by East Imperial Avenue to the north, multiple -family residential uses to the east, multiple -family residential uses and East Walnut Avenue to the south, and single-family residential uses and a mortuary to the west. The project site is 0.15 mile south of the Los Angeles International Airport (LAX). The project site is also located approximately 0.8 mile west of Sepulveda Boulevard. Site topography is varied with an overall slope from northeast to southwest of roughly five percent. The site is currently developed with eight single -story brick structures (totaling 22,488 square -feet) that at one time served as administrative offices and classrooms for the former Imperial Avenue Elementary School. Existing structures on site extend from the northern to the southern portion of the site, along the eastern property line. A 0.50 acre baseball field, currently utilized for little league baseball on weekends, is also located on the site. Surrounding Land Uses The adjacent area is surrounded primarily with single-family and multi -family residential uses. Additionally, there is a mortuary immediately adjacent to the site at the northeast corner of Sheldon Avenue and East Imperial Avenue. The surrounding uses at the project site are as described in Table 2: 5 Table 2 Surromiding Land Uses Direction Land Use Zone North Imperial Highway, community dog park, and LAX Open Space (O-S) (north of the northern City boundary). R-1 (Single Family East Single -Family and Multi -Family residential uses Residential) and R-3 (Multi -Family Residential) R-1 (Single Family South Single -Family and Multi -Family residential uses. Residential) and R-3 (Multi -Family Residential) R-1 (Single Family West Single -Family residential uses and a Mortuary. Residential) and C-2 Neighborhood Commercial Access and Parking Access for Option 1 includes two 2-way driveways along Imperial Avenue to serve the assisted/independent living complex and the senior apartments/condominiums. Upon entering the project site from Imperial Avenue, a total of 14 guest parking spaces would be available along the northeast entry. Drive aisles and 90-degree parking spaces would be located along the perimeter of the project site and between the assisted/independent living complex and senior apartments/condominiums. As proposed, all drive aisles would be 28 feet wide, which would accommodate two-way traffic. A separate driveway would be provided from Walnut Avenue to serve the four condominium units to be located on the southern portion of the project site. No vehicular access would be provided between the senior apartments/condominiums and the four condominiums. An emergency access lane for the assisted/independent living complex portion for Option 1 would be located near the proposed community space area on the eastern portion of the proposed project site. Off-street parking and loading spaces, including parking for employees and visitors must be provided as follows for Option 1: Senior Dwellings (Market Rate): • 1 space per studio/1 bedroom units • 2 spaces per 2 bedroom units Senior Dwellings (Affordable): • 0.5 space per studio/1 bedroom units • 1 spaces per 2 bedroom units Senior Housing Assisted Living Units (Market Rate): 1 space per 2 units/2 beds 0 Senior Housing Assisted Living Units (Affordable): • 1 space per 3 units/3 beds Option 2 includes one 26-foot-wide two-way driveway along Imperial Avenue to serve the 34 multiple -family residential units. An internal drive aisle would provide access to public parking areas or multiple -family garages. A two-way private street would be provided at the southeast corner of the site, connecting to Walnut Avenue, to provide direct access for the 24 single-family residential units. An internal 36-foot-wide private loop -street would provide access to the private single-family garages. No vehicular access would be provided between the multiple -family residential and the single-family residential uses located on the northern and southern portions of the project site, respectively. Off-street parking and loading spaces for Option 2 must be provided in accordance with ESMC Chapter 15-15 (Single -Family Residential and Multi -Family Residential standards). Landscaping Landscaping would include a mix of trees and shrubs/vines and ground cover. Specifically, shade canopy trees of various species would be planted along the access drive aisles, throughout the parking lot, and surrounding the perimeter of the property. Evergreen shrubs and ground cover are proposed to be used for property perimeter areas, building perimeter areas, and used for screening or hedging buildings, the parking lot, and pool area. While the plans are still in concept, the project will be conditioned to meet ESMC required minimums for vehicle use areas, and building and perimeter landscape requirements. Architecture and LEED Design The project will be designed with a contemporary architectural style using stucco and siding as the primary building materials with the purpose of being distinct, but compatible with the existing character in the area. The design avoids the appearance of long flat planes through the use of both vertical and horizontal projections and a variety of materials and colors on all building elevations. Overall, the proposed project will enhance the aesthetic appearance of the site and add more interest to the existing site when viewed from Imperial Avenue. The project applicant will be required to work with a consultant that specializes in LEED to qualify the project for LEED certification. The building will at a minimum meet the basic LEED certification level or its equivalent. Affordability Component The City of El Segundo 2009 Housing Element identified a need for affordable housing to provide for a growing senior population. As envisioned in the Element, based on that need Option 1 would set aside fifteen (15) percent of the total units as affordable units for extremely low, very low, and low income senior households. Fifteen percent of the unit total is 46 units with the allocation of units in each income category provided in Table 3 below. Option 2 would set aside ten (10) percent of the total units as affordable units for extremely low, very low, and low income senior households. Ten percent of the unit total is 6 units (2 units in each 7 income category as specified in Table 3 below). The set aside amount is characteristic of the 55 and older senior population in the City of El Segundo which (based on the 2000 Census) represents 15.7 percent (2,519) of the total 16,033 population. Based on the Regional Housing Needs Assessment (RHNA), El Segundo is required to provide 168 additional housing units during the current housing cycle (2006-2014). The allocation of the 168 units is broken down into five categories as follows: 22 extremely low income households, 22 very low income households, 27 low income households, 28 moderate income households, and 69 above moderate income households. The City has a total of 43 units that can be credited toward the above moderate income requirements for the current 2006-2014 planning period. Table 3 Affordabilitv Breakdown at Maximum Development Option 1 (304 Units Max) Option 2 (58 Units Max) Low @ 38% of unit 18 Units 2 units total Extremely Low @ 31 14 units 2 units % of unit total 14 units Very Low @ 31 % of 2 units unit total Total Set Aside Amount 46 units 6 units @ 15 % of unit total In Option 2, the affordable units may be split evenly between the single-family and multi- family residential uses or be provided only in the multi -family residential units as proposed in the Specific Plan and Development Agreement. The Developer must still provide 15% set aside for the total number of units constructed for Option 1 and 10% set aside for the total number of units constructed for Option 2 should fewer units than the maximum allowed is constructed. The Draft Development Agreement (Exhibit 2) includes an exclusion from paying the development impact fees (traffic, police, library, fire, and parks) for the affordable units. Additionally, in an effort to provide a greater opportunity for El Segundo residents to have priority for the affordable units, a condition of approval is proposed that will require the developer to provide a marketing implementation plan that will focus on notification of residents of the availability of the affordable housing and information regarding the requirements and benefits. General Plan Amendment and Rezoning The proposed General Plan Amendment and Zone Change would establish the 540 East Imperial Avenue Specific Plan (EIASP) as a new land use district. The EIASP will allow a mix of residential uses and a range of densities at the project site similar to the adjacent mix of land uses. Specific Plan A Specific Plan was prepared (see attached Exhibit 2) to allow and encourage development of an assisted living/senior housing project with a multi -family component (Option 1) with a 0 maximum FAR of 0.75. The Plan would also allow single-family and multi -family residential uses (Option 2) with a maximum lot coverage and maximum density in conformance with the current ESMC Single -Family (R-1), and Multi -Family (R-3) Zone development standards. The Specific Plan will guide the build -out of the project site in a manner that is consistent with City and State policies and standards and ensures that the project is developed in a coordinated manner. The proposed Specific Plan and conceptual project layouts for either Option 1 or Option 2 are consistent with the General Plan. General Plan Consistency If the General Plan Amendment is approved, the land use designation for the project site will be 540 East Imperial Avenue Specific Plan. This designation permits senior housing, single- family, and multi -family residential uses as specified in either Option 1 or Option 2. The proposed projects, Option 1 or Option 2, are consistent with the General Plan Goals, Policies and Objectives and the Specific Plan as set forth in detail in the draft Resolution. Zoning Consistency If the Zone Change is approved, the zoning designation for the project will be 540 East Imperial Avenue Specific Plan. The Specific Plan would augment the development standards of El Segundo's zoning regulations. When an issue, condition or situation occurs which is not covered or provided for in the Specific Plan, the zoning regulations that are most applicable to the issue, condition or situation will apply. The proposed conceptual project (Option 1 or Option 2) meets the development standards set forth in the 540 East Imperial Avenue Specific Plan § 4.2 Development Standards. Development Agreement The proposed Development Agreement establishes a 10-year duration of the Agreement (see attached Exhibit F). The Development Agreement as drafted allows either the developer or the City to unilaterally extend the Agreement for an additional term of five -years. Typical recent Development Agreements approved by the City, including the Agreements for Plaza El Segundo, Campus El Segundo, and the Cambria Suites Hotel project, include similar time frames and extension periods. The development agreement provides vested development rights in exchange for 1) a Leadership in Energy and Environmental Design (LEED) certified project (or equivalent); 2) affordable housing requirements for extremely low, very low, and low income senior households (fifteen percent of the total units under Option 1 and 10% of the total units under Option 2); 3) development impact fees with an exemption for affordable housing units (Option 1 Plan - $895,704; Option 2 Plan-$162,817); 4) procedures for major and minor project modifications; 5) procedures and review criteria for site plan review; 6) established project phasing; and 7) criteria for local purchase of goods for sales and use tax benefit. Vesting Tentative Map If this project is approved allowing for the option of two possible development scenarios, only one of the two Vesting Tentative Maps would be made final; Vesting Tentative Map (VTM) 9 No. 71410 for seven lots associated with project Option 1, or VTM No. 71582 for 31 lots, associated with project Option 2. IV. Environmental Review The proposed project options were analyzed for environmental impacts and an Initial Study of Environmental Impacts (Exhibit 9) was prepared pursuant to Public Resources Code § 15063 (California Environmental Quality Act). The Initial Study (included in Exhibit 9) was made publicly available on July 7, 2011 concurrent with the publication of a Notice of Preparation of an Environmental Impact Report (EIR) in the El Segundo Herald. The notice was also posted at City Hall, the El Segundo Library, and mailed to property owners in the vicinity of the project sites and- identified interested parties. The purpose of the Initial Study was: 1) to evaluate whether preparation of an EIR was necessary; and, 2) to focus the EIR document on the issue areas determined to be potentially significant. The Initial Study identified that an EIR was necessary to evaluate potentially significant environmental impacts. The Initial Study identified that environmental effects in the following issue areas were determined to not be significant and did not require further evaluation in an EIR: Aesthetics, Agriculture and Forest Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, and Utilities/Service Systems. The initial study determined that the following issue area has no environmental impact: Agriculture and Forestry Resources. The initial study determined that the following issue areas are less than significant: Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, and Utilities/Service Systems. The initial study determined that the following issue areas are less than significant with mitigation: Aesthetics, Biological Resources, Cultural Resources, Geology/Soils, Hazards/Hazardous Materials, and Construction Noise (see mitigation measures in Exhibit 1). Although further study would be conducted in an EIR, the Initial Study identified one mitigation measure that would be required for Transportation/Traffic relating to emergency access and one mitigation measure that would be required to mitigate noise relating to construction. On November 3, 2011 the Notice of Availability of Draft Environmental Impact Report was published in the El Segundo Herald, posted at City Hall and mailed to property owners in the vicinity of the project sites and identified interested parties pursuant to Public Resources Code § 15087. The public review and comment period for the Draft EIR (DEIR) began on November 3, 2011 and ended on December 19, 2011. The DEIR evaluated 5 areas of controversy and issues to be resolved as follows: Air Quality, Greenhouse Gas Emissions, Noise, Recreation, and Transportation/Traffic. The DEIR determined that the following issue areas would be less than significant: Greenhouse Gas Emissions and Recreation. The DEIR determined that the following issue area would be less than significant with mitigation: Transportation/Traffic. The DEIR identified significant and unavoidable environmental impacts in the Construction related Air Quality and Operational Noise issue areas relative to the increases in residential population in an area that exceeds the exterior noise criteria of 65 dBA. The DEIR identified significant, but mitigatible impacts in the issue area of Noise (construction related and groundborne vibration). The Draft EIR also concluded that operational Air Quality would be less than significant. 10 Three alternatives were studied in the EIR. The alternatives are as follows: Alternative 1: Senior Assisted Living Facility and Single -Family Alternative — This alternative would develop the site with a 150-unit senior assisted care facility and 17 single- family dwelling units. The senior assisted care facility would include 150 units, 90 parking spaces, and 24,234 square feet of common open space located on the northern portion of the site and accessible from two driveways along Imperial Avenue. The senior assisted care facility portion would be same as that proposed under project Option 1. This alternative would also include 17 single-family dwelling units located on the southern portion of the site and oriented around a private loop road (accessed from Walnut Avenue), 90 parking spaces, and 26,791 square feet of common open space. Alternative 2: Senior Townhome and Single -Family Alternative — This alternative would develop the proposed project site with 34 senior townhome units and 24 single-family dwelling units. Alternative 2 is substantially similar to project Option 2 with the only difference being that the 34 multiple -family dwelling units proposed under project Option 2 would be occupied by eligible seniors (age 55 and older). Alternative 2 would include 34 senior townhome-style condominiums, 92 parking spaces, and 11,704 square feet of common open space located on the northern portion of the site and accessible from one driveway along Imperial Avenue. The design and orientation of the senior townhome-style condominiums would be similar to the multiple -family residential component proposed as part of project Option 2. Alternative 2 would also include 24 single-family dwelling units located on the southern portion of the site and oriented around a private loop road (accessed from Walnut Avenue), 121 parking spaces, and 26,791 square feet of common open space. The single-family dwelling units would be similar to the single-family dwelling units proposed as part of project Option 2. Alternative 3: No Project/No Development Alternative — In addition to alternative development scenarios, CEQA Guidelines Section 15126.6(e) requires the analysis of a "no project" alternative. The purpose of examining such an alternative is to allow decision -makers to compare the effects of approving the project with the effects of not approving the project. For the purposes of this analysis, the "no project" alternative would serve as a "no development" alternative with the site remaining in its existing condition. Under this alternative, all existing development and uses would remain. The Draft EIR provides a comparison of the alternatives, including the No Project Alternative, in Draft EIR Section 6.0. The Draft EIR concluded that Alternative 2 would be the environmentally superior alternative, between project Option 1 and 2, project Option 2 is considered to be the superior project option because the project Option 2 would generate less average daily trips (ADT) than Option 1 (428 ADT versus 926 ADT), and would therefore result in reduced operational air quality, greenhouse gas (GHG), and traffic impacts compared to Option 1. However, Option 2 would not result in the benefit of the construction of new senior housing and assisted living opportunities that would result from Option 1. The following sections summarize the analysis of potentially significant environmental impacts that the Draft EIR identifies as needing mitigation and the impacts found to be significant and unavoidable. The summary applies to project Option 1 and Option 2. 11 V. Potentially Significant Impacts Option 1 and Option 2 Noise -Construction. Temporary construction activates could result in the exposure of people to noise levels that temporarily exceed the noise standards established in the City's General Plan, or applicable standards of other agencies. The DEIR identifies residential uses within 50 feet of the project site as noise "sensitive receptors." Construction related noise is exempt pursuant to ESMC § 7-2-10(D) as long as construction related activities are limited to the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, provided the noise levels do not exceed 65dBA at the property line of a receptor site with an increase of up to 85 dBA (ESMC § 7-2-4(C)). The DEIR identifies that construction noise could be as high as 86 dBA at the nearest residential receptor. However, implementation of mitigation measures MM4.3-1 through 4.3-5 would reduce the temporary noise levels to a less than significant level. VI. Significant and Unavoidable Impacts Option t and Option 2 To approve the project — both Option 1 and Option 2 — the City Council must adopt a Statement of Overriding Consideration (SOC) for the following impact areas: Air Quality - Construction. Temporary construction activities for either Option 1 or Option 2 would violate air quality standards for VOC's even with full implementation of the identified mitigation measures (MM4.1-1 through MM4.1-16). Noise - Operation. While neither project (Option 1 or Option 2) would result in a substantial ongoing increase in exterior noise levels during operation, both project Options would increase the permanent, noise sensitive residential population on the project site even with full implementation of MM4.3-6 and MM4.3-7 because of the site's proximity to LAX. It should be noted that subsequent to the preparation of the Draft EIR and conclusion of the public comment period, the 2009 4`h Quarter Noise Standards LAX Quarterly Report was released. The noise levels on the site were reduced from 70 db CNEL to 65 db CNEL (see Exhibit 4). No changes have been made to the FEIR to reflect the change in noise levels, since the changes to the noise contours occurred after the EIR was prepared and made available for public comment. Staff recommends that the Council proceed with the SOC as drafted in an abundance of caution. VII. Public Comments The EIR was circulated for public comment between November 3, 2011 and December 19, 2011. One public agency comment, State of California Native American Heritage Commission (NAHC), was received during the comment period. The agency did not challenge the environmental findings or the recommended mitigation measures of the report. As required by CEQA a full response to all public comments received during the comment period has been prepared and is included in Exhibit 9. VIII. Inter -Departmental Comments The administrative Draft EIR was circulated to all City Departments for review and comment. Comments were received from the Building Safety Division, Recreation and Parks Department, Police Department and the Fire — Environmental Safety Division. The issues identified in the comments received were incorporated in the publicly circulated Draft EIR for the project 12 and/or where appropriate staff has incorporated those comments that are applicable and demonstrate a legal nexus as conditions of approval in the Resolution. IX. Application Findings In order to approve the project, the City Council must take certain actions related to the environmental review, General Plan Amendment land use designation, Zone Change, Zone Text Amendment, Specific Plan, Development Agreement, and Subdivision. The required findings for each application are discussed in detail in the attached draft Resolution and draft Ordinance. Staff believes that the City Council may make the required findings to adopt the Environmental Impact Report (EIR), Statement of Overriding Considerations (SOC) , and the Mitigation Monitoring and Reporting Program (MMRP), and to approve the General Plan Amendment, Zone Change, Zone Text Amendment, Specific Plan, Development Agreement, and Subdivision as outlined in the draft Resolution and draft Ordinance. Specifically, Planning staff recommends to the City Council that the unavoidable significant air quality and noise impacts identified in the EIR are acceptable when balanced against the benefits of the Project. X. Planning Commission Hearing and Public Input The Planning Commission held its public hearing on the proposed project on January 26, 2012. The applicant and its representative (Mar Ventures Inc), and two residents provided testimony at the public hearing. No written comments were received from other responsible agencies or from the public prior to the Commission hearing. The applicant submitted a comment letter from the Park Vista Senior Facility Ad -Hoc Committee at the Commission hearing in support of the project and more specifically in favor of senior housing and assisted living. The Commission recommended approval. XI. Airport Land Use Commission (ALUO Review In accordance with the Public Utilities Code (PUC) §21676, the Airport Land Use Commission (ALUC) (the LA County Planning Commission) is responsible for reviewing changes to local jurisdictions' land use policies to determine compatibility with the adopted Airport Land Use Plan (ALUP). The issue areas addressed in the ALUP relevant to the proposed project relate to hazards and noise. Recommendations made by the ALUC are advisory only to local jurisdictions. The final decision to agree or disagree with an ALUC consistency determination is at the discretion of the City Council. On February 22, 2012, the ALUC adopted a resolution making findings of consistency with the Airport Land Use Plan. Although the findings of consistency were adopted, the ALUC expressed concerns about potential litigation relating to the adoption of the proposed resolution and potential existing and future noise impacts. The Commission asked that the City ensure future property owners would waive their rights to legal action relating to the proximity of LAX. However, the City does not believe that it can condition the project in that manner. In an effort to provide greater clarification in the documents of record, the ESUSD, its representatives, and City staff agreed to provide greater clarification in the mitigation measures (MM 4.3-7) and conditions of approval regarding disclosure of noise impacts, mitigation of interior noise levels to 45 db CNEL, and the applicability of restrictive covenants as specified in proposed Condition of Approval No. 26 (see Exhibit 7 for Draft Covenant) that are binding to the property, recorded on the vesting tentative map, and transferable to all subsequent 13 purchasers. The ALUC also stated a preference for Option 1 and included a recommendation in their resolution that the City of El Segundo select this option. The City Council is not required to select or limit the approval to one Option and the proposed Specific Plan request is to allow the ESUSD the flexibility to select either Option. XII. Conclusion Planning staff believes that the proposed 540 East Imperial Avenue Specific Plan project meets the mandatory findings as set forth in the staff report and recommends that the City Council: 1) adopt the attached draft Resolution approving Environmental Assessment No. EA-890 certifying the Environmental Impact Report for the 540 East Imperial Avenue Specific Plan Project including the Mitigation Monitoring and Reporting Program (MMRP) and incorporating the Comments and Responses to Comment Section and EIR errata sheet; 2) adopt a Statement of Overriding Considerations; and 3) adopt an Ordinance approving General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, Subdivision 10-01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with conditions. PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council March 6 2012\EA-890 CC report 03 06 12.doc 14 EXHIBIT 1 RESOLUTION NO. A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO. 890; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 10-03 FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT 540 EAST IMPERIAL AVENUE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On September 9, 2010, Mar Ventures, Inc., filed an application on behalf of the El Segundo Unified School District for an Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10- 06, Development Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map No. 71410 for seven lots, or No. 71582 for 31 lots to re -designate and rezone an approximate 5.65 acre property at 540 East Imperial Avenue from Planned Residential Development (PRD) Zone to 540 East Imperial Avenue Specific Plan (EIASP) to allow construction of a either a 304-unit senior housing community development with a multi- family component (Option 1) or a 58-unit mixed residential development (Option 2) (collectively, the "Project"); B. The applications were reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ("ESMC"); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Initial Study was prepared pursuant to the requirements of CEQA. The Initial Study demonstrated that the project could cause significant environmental impacts. Accordingly, a Draft Environmental Impact Report ("DEIR") was prepared and circulated for public review and comment between November 3, 2011 and December 19, 2011 in compliance with CEQA Guidelines § 15087; E. An Environmental Impact Report (EIR) was prepared pursuant to the requirements of CEQA Guidelines § 15161; F. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 26, 2012; G. On January 26, 2012, the Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City staff and public testimony, and representatives of Mar Ventures, Inc. and the El Segundo Unified School District. Following the public hearing, the Planning Commission adopted Resolution No. 2714 recommending that the City Council approve the project; H. The 540 East Imperial Avenue Specific Plan was considered by the Airport Land Use Commission at its hearing on February 22, 2012. The Airport Land Use Commission adopted a Resolution finding the 540 East Imperial Avenue Specific Plan consistent with the Airport Land Use Plan. The Resolution included a recommendation to modify Mitigation Measure 4.3-7 to read as follows: "Mitigation Measure MM 4.3-7 In accordance with the Business and Professions Code and Civil Code, each prospective purchaser of residential property within the Project and all subsequent purchasers must be notified as follows: NOTICE OF AIRPORT IN VICINITY — This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, soot, or odors). Individual sensitivities to those annoyances can vary from person to person. The property is within the 65 db CNEL noise contour. The City imposed mitigation to reduce interior noise impacts to 45 db CNEL. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. In addition, although not required by Civil Code Sections 1103, et seq., each prospective tenant of leased residential property within the Project must also be notified within the Project must also be notified as described above." 2 On March 6, 2012, the City Council held a duly advertised public hearing in the Council Chamber of the El Segundo City Hall, 350 Main Street to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the City Council by City Staff and public testimony; and J. The City Council considered the information provided by, without limitation, City Staff and public testimony. This Resolution, and its findings, are made based upon the evidence presented at the Planning Commission at its January 26, 2012 hearing; and at the City Council hearing on March 6, 2012 including, without limitation, the staff reports submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist: A. The subject property is located at 540 East Imperial Avenue in the northwest portion of the City of El Segundo; B. The property is comprised of six lots and the total site area is on the block bounded by East Imperial Avenue to the north; Walnut Avenue to the south, Sheldon Street to the west, and McCarthy Court to the east; C. The surrounding land uses are primarily single-family and multi -family residential uses in the Single -Family Residential (R-1) and Multi -Family Residential (R-3) Zones to the east, west and south, with a mortuary located on one parcel in the Neighborhood Commercial (C-2) Zone located at the northeast corner of East Imperial Avenue and Sheldon Street, west of the site. Land uses north of the site include a community dog park within the corporate boundary of the City of El Segundo and LAX across Imperial Avenue in the City of Los Angeles; D. The proposed project for the property at 540 East Imperial Avenue consists of two possible development options. Option 1 is a 304-unit senior housing community with a multi -family component. Option 2 consists of a 58-unit mixed residential development; E. The subject site is irregular in shape with 455 feet of street frontage on East Imperial Avenue and a total lot area of 5.65 acres; F. The subject site is developed with eight single -story brick buildings (22,488 square -feet total) that once served as administrative offices and classrooms for the former Imperial Avenue Elementary School; 3 G. Vehicular access to the proposed facility would be provided from two driveway entrances; primary access would be from East Imperial Avenue for the senior housing community (Option 1) and the multi -family portion of the mixed residential project (Option 2). Primary access for the multi- family portion of Option 1 and the single-family portion of Option 2 would be from Walnut Avenue; H. The proposed General Plan re -designation and rezoning of the Project Site would change the General Plan land use designation from Planned Residential Development to the 540 East Imperial Avenue Specific Plan (EIASP) designation and rezone the area from the Planned Residential Development (PRD) Zone to the 540 East Imperial Avenue Specific Plan (EIASP) Zone; and The re -zoning and General Plan re -designation would increase the residential density allowed on the site from 11.5 dwelling units per acre, to a maximum of 53.8 dwelling units per acre in Option 1 or a maximum of 10.27 dwelling units per acre in Option 2. The total maximum development that would be permitted with the proposed General Plan re -designation and re -zoning is 175,000 square feet (0.75 FAR). SECTION 3- Environmental Assessment. The City Council makes the following environmental findings: A. The City completed a Draft Environmental Impact Report (DEIR) for this project. A noticed Public Scoping meeting was held on Thursday July 14, 2011 pursuant to CEQA Guidelines §15083. A Notice of Preparation of the DEIR was circulated for public review from July 7 to August 6, 2011 pursuant to CEQA Guidelines §15082. A Notice of Completion for the DEIR was filed with the State Office of Planning and Research on November 3, 2011 pursuant to CEQA Guidelines §15085. The public comment and review period for the DEIR was open between November 3, 2011 and December 19, 2011 in compliance with CEQA Guidelines § 15087; B. The City received one (1) comment letter on the DEIR from a public agency, the State of California Native American Heritage Commission (NAHC). The agency did not challenge the environmental findings or the recommended mitigation measures of the report; C. A Final EIR was prepared, which includes the DEIR, the comment regarding the DEIR and the written response to the comment. Based on the comment letter from the NAHC, no text changes were required. C1 However, changes to Mitigation Measure 4.3-7 were made in response to the recommendation from the Airport Land Use Commission on February 22, 2012; D. The FEIR for the proposed Project, entitled "540 East Imperial Avenue Specific Plan Project," prepared by Atkins under contract to the City and under the supervision of the Planning and Building Safety Department (State Clearinghouse No. 2011071019), is incorporated by reference; E. The City, acting as lead agency, reviewed and edited as necessary the DEIR and the FEIR to reflect its own independent judgment to the extent of its ability, including reliance on City technical personnel as well as other professional consultants retained by the City in order to provide technical advice and assistance in evaluating environmental impacts associated with the Project; F. Pursuant to Public Resources Code § 21082.1(c)(3), the City Council independently reviewed and analyzed the FEIR. Based upon that review and analysis, and recommendations made by the City's Planning Agency as set forth in Planning Commission Resolution No. 2714 adopted on January 26, 2012, the City Council finds that the FEIR is an accurate and complete statement of the potential environmental impacts resulting from the Project. The FEIR reflects the City's independent judgment as lead agency; G. Pursuant to Public Resources Code § 15091, any changes or alterations required for the Project, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect are identified for the FEIR. Any potential changes or alterations that may be made to the proposed mitigation measures are addressed and analyzed in the FEIR; H J The DEIR and FEIR were made available for public review and comment in the time and manner prescribed by CEQA; In accordance with Public Resources Code §15091, the record on which the City Council findings are based is located at the Planning and Building Safety Department, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety; The City reviewed the FEIR for the Project and considered the public record on the project, including, without limitation, the following: 5 Staff reports prepared by the Planning and Building Safety Department and the DEIR and the FEIR prepared by Atkins for the City; 2. Staff presentations at public hearings and meetings; 3. All applicable regulations and codes; 4. Public comments, both written and oral, received and/or submitted at or before the public hearings and meetings, supporting or opposing the proposed Project; and, 5. All related documents received and/or submitted at or before the public hearings. K. The FEIR was presented to the City Council, which reviewed and considered information contained in the FEIR before approving the project in accordance with Public Resources Code §15090; L. The FEIR generally identifies, for each potentially significant impact of the project, one or more corresponding mitigation measures to reduce impacts to a level of insignificance, with the exception of air quality and noise impacts. The City Council finds that each potentially significant impact identified in the FEIR is mitigated by its corresponding mitigation measures to the extent set forth in the FEIR; M. In accordance with Public Resources Code §15091, the City Council considered written findings regarding each of the significant environmental effects identified in the DEIR before certification of the FEIR. The written findings are attached as Exhibit "A" to this Resolution and incorporated by reference. Each finding includes a brief explanation of the rationale for each finding. The FEIR includes mitigations that lessen identified significant environmental effects to a less than significant level for those effects that can be mitigated. For the two environmental effects that cannot be mitigated to a less than significant level (Air Quality and Noise) as identified in the FEIR, the findings attached in Exhibit "A" contain a brief explanation as to how the mitigation measures substantially lessen the two substantial environmental effects, and; N. Because of the effects identified in this Resolution, specifically the creation of significant environmental impacts as described above, the FEIR found that a Statement of Overriding Considerations would be required for any of the alternatives studied to be approved. A Statement of Overriding Consideration is included in "Exhibit A" in accordance with Public Resources Code §15093. The City Council considered the attached Statement of Overriding Considerations. SECTION 4: General Plan and Specific Plan. The proposed project conforms to the City's General Plan and the 540 East Imperial Avenue Specific Plan for the reasons identified in Planning Commission Resolution No. 2714 as adopted on January 26, 2012. The findings in Resolution No. 2714 are incorporated by reference as if fully set forth below. SECTION 5: Approvals. A. The City Council adopts the Findings of Fact and a Statement of Overriding Considerations in accordance with the requirements of Public Resources Code §21081 as set forth in attached Exhibit "A," which are incorporated into this Resolution by reference. B. In accordance with the requirements of Public Resources Code §§21081(a) and 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program (MMRP) set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. The City Council adopts each of the mitigation measures expressly set forth therein as conditions of approval of the project. The other project conditions of approval and compliance with applicable codes, policies, and regulations will further ensure that the environmental impacts of the proposed project will not be greater than set forth in the FEIR and these findings. C. The City Council amends the proposed Land Use Plan ("Land Use Designations — Residential Designations: Planned Residential Development" subsection) of the Land Use Element of the General Plan to reflect the deletion of the Planned Residential land use designation and the addition of the 540 East Imperial Avenue Specific Plan, including a description of the allowed uses and the maximum land use density allowed, to the Residential Designations: Planned Residential Development subsection. The corresponding changes are set forth in attached Exhibit "C," which is incorporated into this Resolution by reference. D. The City Council amends the proposed Land Use Plan "Northwest Quadrant" subsection) of the Land Use Element of the General Plan to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes are set forth in attached Exhibit "D," which is incorporated into this Resolution by reference. 7 E. The City Council amends the 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU-3) of the Land Use Element to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes to the Land Use Element are set forth in attached Exhibit "E," which is incorporated into this Resolution by reference. F. The City Council amends the General Plan Land Use Map to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes to the Land Use Map are set forth in attached Exhibit "F," which is incorporated into this Resolution by reference. G. Subject to the conditions listed in attached Exhibit "G," which are incorporated into this Resolution by reference, the City Council certifies the Final Environmental Impact Report for the 540 East Imperial Avenue Specific Plan Project. SECTION 6: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 7: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 8: Summaries of Information. All summaries of information in the findings which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding, is not based in part on that fact. SECTION 9: This Resolution will remain effective unless superseded by a subsequent resolution. SECTION 10: A copy of this Resolution must be mailed to Mar Ventures, Inc. and the El Segundo Unified School District, and to any other person requesting a copy. SECTION 11: This Resolution becomes effective immediately upon adoption and constitutes the City Council's final decision. Note that persons dissatisfied with this decision may appeal it to a court of competent jurisdiction pursuant to Code of Civil Procedure §1094.6. PASSED, APPROVED AND ADOPTED this 6fh day of March, 2012. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed, approved and adopted by said City Council at a regular meeting held on the 6fh day of March, 2012, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety\Planning\PROJECTS (Planning)\876-900\EA-890\CC March 6 2012\EA-890 CC Reso 3.6.2012.doc 0 CITY COUNCIL RESOLUTION NO. Exhibit A FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment (EA) No. 890, General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map (VTM) No. 71410 and VTM No. 71582, including, without limitation, the factual information and conclusions set forth in this Resolution and its attachment, the City Council finds, determines, and declares for the 540 East Imperial Avenue Specific Plan Project as follows: I. FINDINGS REQUIRED BY CEQA CEQA Guidelines § 15090 require the City to certify that: 1. The Final Environmental Impact Report (FEIR) has been completed in compliance with CEQA; 2. The FEIR was presented to the decision -making body of the lead agency and that that decision -making body reviewed and considered the information contained in the final EIR before approving the project; and 3. The FEIR reflects the lead agency's independent judgment and analysis. II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROJECT A. Impacts Found to Be Insignificant The Initial Study for the 540 East Imperial Avenue Specific Plan Project, dated July 2011, identified the following environmental effects as not potentially significant. Accordingly, the City Council finds that the Initial Study, the FEIR, and the record of proceedings for the project do not identify or contain substantial evidence identifying significant environmental effects of the project with respect to the issue areas listed below. • Agriculture/Forestry Resources (All thresholds) • Aesthetics > Scenic Vistas > Scenic Resources within a State Scenic Highway • Biological Resources > Riparian Habitat > Wetlands > Conflict with Policies or Ordinances Protecting Biological Resources > Conflict with Habitat Conservation Plan • Cultural Resources > Historical Resources • Geology/Soils > Fault Rupture > Seismic -Related Ground Failure > Landslide > Wastewater Disposal Systems • Hazards/Hazardous Materials > Emissions or Handling of Hazardous Materials Near Schools > Safety Hazards associated with Private Airstrip > Wildland Fires • Hydrology/Water Quality > Housing within 100-year Flood Hazard Area > Structures within 100-year Floor Hazard Area > Levee or Dam Failure > Inundation • Land Use/Planning > Division of Established Community > Conflict with Conservation Plan • Mineral Resources > Loss of Delineated Mineral Resource Recovery Site • Noise > Excessive Noise From a Private Airstrip • Population/Housing > Displace Housing > Displace People • Utilities/Service System > Solid Waste Statutes and Regulations Compliance B. Impacts Identified as Less Than Significant The Initial Study and/or FEIR identified the following environmental effects as less than significant. Where the environmental issue area was discussed in the Initial Study, the FEIR, or both, is noted in parenthesis. Accordingly, the City Council finds that the Initial Study, the FEIR, and the record of proceedings for the 540 East Imperial Avenue Specific Plan Project do not identify or contain OJ substantial evidence identifying significant environmental effects of the project with respect to the issue areas listed below. • Aesthetics > Visual Quality and Character (Initial Study) • Air Quality > Conflict or Obstruction of Applicable Air Quality Plan (Construction and Operation) (DEIR) > Air Quality Standard Violations (Operation) (DEIR) > Expose Sensitive Receptors (Operation) (DEIR) > Objectionable Odors (Construction and Operation) (Initial Study and DEIR) • Geology/Soils > Seismic Groundshaking (Initial Study) > Erosion or Loss of Topsoil (Initial Study) > Expansive Soils (Initial Study) • Greenhouse Gases (All) (DEIR) • Hazards/Hazardous Materials > Transport, Use or Disposal of Hazardous Materials (Initial Study) • Hydrology/Water Quality > Violate Water Quality Standards/Waste Discharge Requirements (Initial Study) > Groundwater Supplies or Recharge (Initial Study) > Drainage Patterns (Initial Study) > Stormwater Runoff (Initial Study) > Degrade Water Quality (Initial Study) • Land Use/Planning > Conflict with Land Use Plan, Policy, or Regulation (Initial Study) • Mineral Resources > Valued Mineral Resources (Initial Study) • Noise > Substantial Permanent Increase in Noise Levels (DEIR) • Population/Housing > Population Growth (Initial Study) • Public Services (All) (Initial Study) • Recreation (All) (Initial Study and DEIR) 3 C. • Transportation/Traffic > Conflict with Performance Measures (Initial Study and DEIR) > Conflict with Congestion Management Plan (Initial Study and DEIR) > Air Traffic Patterns (Initial Study and DEIR) > Increase Hazards or Incompatible Uses (Initial Study and DEIR) > Conflict with Alternative Transportation Plans (Initial Study and DEIR) • Utilities/Service Systems (All) (Initial Study) Impacts Identified as Less -Than -Significant with Mitigation Incorporated The City Council finds that the following environmental effects were identified as Less Than Significant with Mitigation Incorporated in the Initial Study and/or FEIR. Where the environmental issue area was discussed in the Initial Study, the FEIR. or both, is noted in parenthesis. Implementation of the identified mitigation measures would avoid or lessen the potential environmental effects listed below to a level of significance. Aesthetics (Initial Study) a) Facts/Effects: (1) New Sources of Light or Glare. Implementation of Option 1 or Option 2 of the proposed project would introduce new sources of light and glare at the project site that could be visible to light- sensitive receptors in the vicinity of the project site. Implementation of mitigation measure MM AES-1 for Option 1 or Option 2 would reduce potential impacts from daytime glare to a less -than -significant level by eliminating or minimizing increased glare through the use of nonreflective glass and non -reflective textured surfaces at the proposed development. Implementation of mitigation measure MM AES-2 would reduce off -site impacts from nighttime light and glare by requiring that exterior lighting be directed onto driveways, walkways, and public areas, and away from adjacent properties and public rights -of -way. Therefore, light and glare impacts would be less than significant with incorporation of mitigation measures MM AES-1 and MM AES-2. b) Mitigations: MM AES-1 Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted. Nonreflective building materials must be used to the maximum extent possible to reduce potential glare impacts. MM AES-2 Exterior lighting glare. This may include, recessed lighting fixtures. must be designed to minimize off -site without limitation, using shielded or 4 c) Finding: The City Council finds that with implementation of identified mitigation measures, potentially significant aesthetics impacts related to new sources of light and glare would be reduced to a less -than -significant level as identified in the Initial Study. 2. Biological Resources (Initial Study) a) Facts/Effects: (1) Protected Birds. Implementation of Option 1 or Option 2 of the proposed project would not result in any impacts to special -status species as the project site does not contain suitable habitat for any special -status plant or wildlife species and none have been reported as occurring on, or in the immediate vicinity of, the proposed project site. However, potential nesting habitat for common bird species protected under the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game (CFG) Code does occur within trees on, and in the immediate vicinity of, the proposed project site. Removal of on -site trees and construction - related activities resulting from implementation of Option 1 or Option 2 of the proposed project could violate the MBTA and CFG Code. To prevent potential impacts to nesting birds in violation of the MBTA and CFG Code, mitigation measure MM BIO-1 would be implemented before and during construction of the proposed project to avoid nesting birds. Therefore, a less -than -significant impact would occur with incorporation of mitigation measure MM BIO-1. (2) Migratory Birds. Removing on -site trees and construction - related activities resulting from implementation of Option 1 or Option 2 of the proposed project could disturb migratory bird species protected under the MBTA that may use portions of the proposed project site for nesting during the breeding season. Implementation of MM BIO-1 which requires that surveys for nesting avian species are performed during the appropriate time of year and that nests are avoided, as well as adherence to all federal, state, and local laws and regulations would ensure that development of Option 1 or Option 2 of the proposed project does not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. Therefore, a less -than -significant impact would occur with incorporation of mitigation measure MM BIO-1. b) Mitigation: MM BIO-1 Construction of either Option of the proposed project must avoid the February 1 through August 31 bird nesting season to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds must be conducted by a qualified wildlife biologist no earlier than 14 days before construction. The 5 area surveyed must include all clearing/construction areas, as well as areas within 250 feet of the boundaries of these areas, or as otherwise determined by the biologist. If no active avian nests are identified on or within 250 feet of the limits of the proposed disturbance area, no further mitigation is necessary. If active nests are found within 250 feet of the proposed disturbance area, clearing/construction activities must be postponed within 250 feet of the nest until a wildlife biologist has identified the nesting avian species. If the avian species is not protected under the MBTA or the California Fish and Game Code, no further action is required and construction activities may proceed. If the avian species is protected under the MBTA or the California Fish and Game Code, no action other than avoidance of the active nest(s) may be taken without consultation with the California Department of Fish and Game (CDFG). In addition, a minimum 100-foot buffer zone surrounding the active nest(s) must be established until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts, as determined by the wildlife biologist. The size of the buffer area may be reduced if the wildlife biologist determines, upon consultation and concurrence from the CDFG, that the size of the buffer area would not be likely to have adverse effects on the particular species. c) Finding: The City Council finds that with implementation of identified mitigation measures, potentially significant biological resource impacts related to potential protected and migratory birds would be reduced to a less -than -significant level as identified in the Initial Study. 3. Cultural Resources (Initial Study) a) Facts/Effects: (1) Archeological and Paleontological Resources. Construction activities associated with implementation of Option 1 or Option 2 of the proposed project would have the potential to unearth and potentially damage or destroy undocumented cultural resources. Implementation of mitigation measure MM CR-1 would require the proper evaluation and treatment of cultural resources in the event that resources are discovered during construction, preventing an adverse change or destruction of a significant or unique resource. Therefore, a less -than -significant impact would occur with incorporation of mitigation measure MM CR-1. (2) Human Remains. Construction activities associated with implementation of Option 1 or Option 2 of the proposed project would have the potential to disturb human remains underlying the project site, which could violate provisions of the Public Resource Code, the Health and Safety Code, and CEQA provisions, as well as destroy the resource. Implementation of mitigation measure MM CR-2 would ensure that both Options of the proposed project comply with existing regulations related to the discovery of human remains. Therefore, a less -than -significant impact would occur with incorporation of mitigation measure MM CR-2. b) Mitigations: MM CR-1 In the event that archaeological/paleontological resources are unearthed during project subsurface activities, all earth -disturbing work within a 100-meter radius must be temporarily suspended or redirected until a qualified archeologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, must prepare a research design for recovery of the resources in consultation with the state Office of Historic Preservation that satisfies the requirements of Public Resources Code § 21083.2. The archaeologist or paleontologist must complete a report of the excavations and findings, and must submit the report for peer review by three County -certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the County must submit this report to the Los Angeles Archeological Information Center and keep the report on file at the County of Los Angeles. After the find has been appropriately mitigated, work in the area may resume. MM CR-2 If human remains are discovered during any demolition/construction activities, all ground -disturbing activity within 50 feet of the remains must be halted immediately, and the Los Angeles County coroner must be notified immediately, pursuant to Public Resources Code § 5097.98 and Health and Safety Code § 7050.5. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) must be notified within 24 hours, and the guidelines of the NAHC must be adhered to in the treatment and disposition of the remains. The project developer must also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. 7 c) Finding: The City Council finds that with implementation of identified mitigation measures, potentially significant cultural resource impacts related to potential archaeological/paleontological resources and human remains would be reduced to a less -than - significant level as identified in the Initial Study. 4. Geology/Soils (Initial Study) a) Facts/Effects: (1) Unstable Soils. In consideration of the sloped topography of the project site, proposed development could be located on a geologic unit or soil that is unstable and as a result on- or off -site ground failure could occur. To eliminate the potential for on- or off - site ground failure to occur, mitigation measure MM GEO-1 would be implemented, which requires that a site -specific geotechnical investigation be prepared that identifies seismic, geologic, soil, and groundwater conditions at the site and provides recommendations to be incorporated into the plans and specifications of the proposed project. Therefore, a less -than - significant impact would occur with incorporation of mitigation measure MM GEO-1. b) Mitigation: MM GEO-1 A California -licensed Civil Engineer (Geotechnical) must prepare and submit to the City, a detailed soils and geotechnical analysis of the proposed project before the commencement of any construction activities. The geotechnical report will include recommendations that must be implemented in the design of the proposed project, including without limitation measures associated with site preparation, fill placement, temporary shoring and permanent dewatering, groundwater seismic design features, excavation stability, foundations, soil stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. c) Finding: The City Council finds that with implementation of identified mitigation, potentially significant geology/soil impacts related to potentially unstable soils would be reduced to a less -than - significant level as identified in the Initial Study. 5. Greenhouse Gas Emissions (DEIR) a) Facts/Effects: (1) Greenhouse Gas Emissions (All). Construction and operation of Option 1 or Option 2 of the proposed project would emit E, greenhouse gases (GHG). However, implementation of state - mandated regulations and South Coast Air Quality Management District (SCAQMD) regulations would reduce emissions to levels below the SCAQMD Residential Screening Threshold. To ensure that the proposed project's long term operational GHG emissions is reduced to the lowest levels feasible and remains below the SCAQMD Residential Screening Threshold, mitigation measures MM4.2-1 through MM4.2-12 would be implemented, which require GHG reduction strategies be incorporated into the proposed project. As both Option 1 and Option 2 of the proposed project would generate emissions that are below the SCAQMD threshold, neither project Option would conflict with AB 32 and SB 375, the statewide policies for reducing GHG emissions. Therefore, impacts are less than significant with incorporation of MM4.2-1 through MM4.2-12. b) Mitigations: MM4.2-1 Before the City issues a building permit, the developer must demonstrate that the design of the proposed buildings or structures meets or exceeds the most recent Title 24 Energy Efficiency Standards, subject to review by the Planning and Building Safety Department. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval before the City issues the permit. Installation of the identified design features or equipment will be confirmed by the Planning and Building Safety Department before it issues a certificate of occupancy. The following design features should be considered by the developer as a way to achieve Title 24 Energy Efficiency Standards compliance in excess of the minimum requirement: • Increase in insulation such that heat transfer and thermal bridging is minimized • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption • Incorporate dual -paned or other energy efficient windows • Incorporate energy efficient space heating and cooling equipment • Incorporate energy efficient light fixtures • Incorporate energy efficient appliances • Incorporate energy efficient domestic hot water systems • Incorporate solar panels into the electrical system as feasible • Incorporate cool roofs/light-colored roofing • Or incorporate other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above E exceeds current Title 24 Energy Efficiency Standards by a minimum of 20 percent MM4.2-2 Before the City issues a building permit, the developer must provide a landscape plan that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with constraints. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. MM4.2-3 All showerheads, lavatory faucets, and sink faucets within the residential units, and where feasible within non- residential developments, must comply with the California Energy Conservation flow rate standards. MM4.2-4 Low -flush toilets must be installed within all Congregate Care units as specified in Health and Safety Code § 17921.3. MM4.2-5 The developer must ensure that landscaping of common areas for the proposed project uses drought -tolerant and smog - tolerant trees, shrubs, and groundcover to ensure long-term viability and to conserve water and energy. MM4.2-6 The developer must ensure that the landscape plan for the proposed project includes drought -resistant trees, shrubs, and groundcover within the parking lot and perimeter. MM4.2-7 The developer must ensure that designs for the proposed project include all illumination elements to have controls to allow selective use as an energy conservation measure. MM4.2-8 Before the City issues any certificate of occupancy, the developer must demonstrate that the proposed projects' interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the Planning and Building Safety Department. MM4.2-9 The developer must consider providing preferential parking spaces for ultra -low -emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra - low -emission vehicles. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. MM4.2-10 Before the City issues a building permit, the developer must demonstrate that the proposed project is designed to incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas. Installation of the identified design features or equipment will be reviewed and approved by the Planning and Building Safety Department before the City issues a certificate of occupancy. 10 MM4.2-11 All common -area irrigation areas for the proposed project must consider systems that are capable of being operated by a computerized irrigation system that includes an on -site weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system must also consider the ability to be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. MM4.2-12 The developer must, where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. c) Finding: The City Council finds that with implementation of identified mitigation, potentially significant GHG impacts would be reduced to a less -than -significant level as identified in the FEIR. 6. Hazards/Hazardous Materials (Initial Study) a) Facts/Effects: (1) Exposure to Hazardous Materials. Construction activities associated with Option 1 or Option 2 of the proposed project could result in the exposure of construction personnel and the public to airborne lead -based paint, dust, asbestos fibers, mold, and/or other building contaminants, and unidentified hazardous substances in the soil. However, mitigation measure MM HAZ-1 would ensure that proper asbestos and lead abatement is conducted before demolition or construction activities occur at the proposed project site and mitigation measure MM HAZ-2 establishes procedures that must be adhered to in the event that unidentified contamination is encountered during construction at the project site. Therefore, impacts would be less than significant with incorporation of mitigation measures MM HAZ-1 and MM HAZ-2. (2) Airport Hazards. The proposed project site is located within the LAX airport influence area (AIA)' and could result in a safety hazard for people residing or working in the project area. However, implementation of mitigation measure MM HAZ-3 which ' Los Angeles County Airport Land Use Commission, LAX Airport Influence Area Map (May 13, 2003). 11 requires the developer to submit Form 7460-1 (Notice of Proposed Construction or Alternation) to the Federal Aviation Administration (FAA) and adherence to all local, state, and federal regulations would ensure that a safety hazard does not occur as a result of the proposed project. Therefore, this impact would be less than significant with the incorporation of mitigation measure MM HAZ-3. (3) Emeraencv Plans. Construction activities associated with Option 1 or Option 2 could temporarily result in lane closures on adjacent roadways that could interfere with emergency plans. However, mitigation measure MM HAZ-4 would ensure that construction of the proposed project would not impede emergency evacuations that could occur within the City by requiring that emergency response teams for the City of El Segundo, including the ESPD and ESFD, are notified of lane closures during construction activities in the project area and that one lane would remain open at all times to provide adequate emergency access to the site and surrounding neighborhoods. Therefore, this impact would be less -than -significant with the incorporation of mitigation measure MM HAZ-4. b) Mitigations: MM HAZ-1 Before demolition and/or construction activities, the proposed project site must be tested for asbestos and lead by a licensed contractor. The contractor must follow all applicable local, state, and federal codes and regulations related to the treatment, handling, and disposal of asbestos and lead if the proposed project requires asbestos and/or lead abatement. MM HAZ-2 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction at the project site, construction activities in the immediate vicinity of the contamination must cease immediately. If contamination is encountered, a Risk Management Plan must be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post - development and (2) describes measures to be taken to protect workers and the public from exposure to potential site hazards. Such measures could include a range of options, including, without limitation, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, regulatory agencies must be notified (e.g., El Segundo Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements must be prepared and in place before commencement of work in any contaminated area. 12 MM HAZ-3 Before project implementation, the developer must submit Form 7460-1 (Notice of Proposed Construction or Alternation) to the Federal Aviation Administration for project review and approval. MM HAZ-4 To ensure adequate access for emergency vehicles when construction activities would result in temporary lane or roadway closures, the project developer must consult with the City of El Segundo Police and Fire Departments to disclose temporary lane or roadway closures and alternative travel routes. The project developer will be required to keep a minimum of one lane in each direction free from encumbrances at all times on perimeter streets accessing the project site. In the event any full road closure is required, the project developer's contractor must coordinate with the City of El Segundo Police and Fire Departments to designate proper detour routes and signage to appropriate proper access routes. c) Finding: The City Council finds that with implementation of identified mitigation, potentially significant hazard/hazardous materials impacts (as identified above) would be reduced to a less -than - significant level as identified in the Initial Study. 7. Noise (DEIR) a) Facts/Effects: (1) Construction -Related Temporary Noise. Construction -related noise associated with Option 1 or Option 2 of the proposed project could intermittently exceed the construction noise limits generally permitted by the El Segundo Municipal Code. However, implementation of MM4.3-1 through MM4.3-4 would reduce impacts associated with the exceedance of established noise limits. Mitigation measure MM4.3-1 requires the developer to apply for and obtain a noise permit from the City if construction - related noise levels exceed established standards. Mitigation measure MM4.3-2 requires implementation of noise attenuation measures, mitigation measure MM4.3-3 requires construction staging areas and earthmoving equipment be located as far away from noise and vibration -sensitive land uses as possible, and mitigation measure MM4.3-4 requires haul trucks to be routed away from residential streets. Even with implementation of mitigation measures MM4.3-1 through MM4.3-4, noise levels may occasionally exceed established noise limits; however, these impacts are temporary. Therefore, construction -related noise impacts are considered to be less than significant with incorporation of mitigation measures MM4.3-1 through MM4.3-4. This is MMNOI-1 as identified in the Initial Study. (2) Generation and Interior Exposure of Excessive Noise (Operation). Operation of Option 1 or Option 2 of the proposed 13 project would result in increased noise levels at the project site compared to existing ambient noise levels at the project site due to the proposed increase in activities on the project site. However, noise generated by the proposed project would not be considered substantial as it would not exceed noise limits established by the El Segundo Municipal Code. Because the proposed project would result in the construction of new residences on a site located within the noise impact boundary for LAX, the proposed project is subject to El Segundo Municipal Code § 13-1-4 (Residential Noise Insulation Standards) which requires that interior noise levels not exceed 45 dBA CNEL within new residences. To ensure that the project complies with the El Segundo Municipal Code, mitigation measure MM4.3-5 would be implemented, which requires the project applicant to submit architectural plans and a detailed acoustical analysis study (demonstrating that interior noise levels in all residential units are 45 dBA CNEL or less) for review and approval by the Planning and Building Safety Department. Therefore, the proposed project would not expose new residents to interior noise levels in excess of established standards and a less -than -significant impact would occur with incorporation of mitigation measure MM4.3-5. (3) Groundborne Vibration and Noise (Construction and Operation). Temporary construction activities at the proposed project site could expose nearby off -site sensitive receptors (surrounding residential uses) to elevated levels of noise and groundborne vibration due to the use of heavy pieces of construction equipment. However, implementation of mitigation measures MM4.3-1 through MM4.3-4 described above would reduce the potential for significant levels of groundborne vibration and noise. Operation of Option 1 or Option 2 of the proposed project would not generate significant levels of groundborne vibration or noise in consideration of the types of uses proposed and operational activities, in general. Therefore, impacts would be less than significant with incorporation of mitigation measures MM4.3-1 through MM4.3-4. b) Mitigations: MM4.3-1 The developer's contractor must refrain from engaging in all construction -related activities, including the delivery of construction materials, the loading and unloading of construction equipment, starting the engine ignition, and the repair and servicing of construction equipment and vehicles between the hours of 6:00 PM and 7:00 AM Monday through Saturday, or at any time on Sunday or a federal holiday. Construction noise levels must not exceed the noise and vibration standard set in El Segundo Municipal Code §§ 7-2-4(C) and 7-2-10(D). If construction activities result in the generation of noise that exceeds the noise and vibration standards set forth in the El Segundo Municipal Code, a noise permit must be obtained from 14 the City of El Segundo before commencing any construction activities. Mitigation Measure MMNOI-1 in the Initial Study became MM4.3-1 in the DER. MM4.3-2 The developer's construction contracts must require implementation of the following construction best management practices (BMPs) by all construction contractors and subcontractors working in or around the project site to reduce construction noise levels: Not less than 10 days before the start of construction, the developer must mail a written notification to owners and occupants of all developed properties within 1,000 feet of the project site. The notification must provide a schedule of major construction activities that will occur throughout the duration of the construction period. In addition, the notification must include the identity and contact number of a designated community liaison and designated construction manager who will be available on site to monitor construction activities during regular working hours. The construction manager will be located at the on - site construction office during construction hours for the duration of all construction activities. Contact information for the community liaison and construction manager will be posted on the exterior of the construction office or trailer at the construction site, at City Hall, and at the City's Police Department. The notification must also include the permitted hours of operation and all relevant information regarding limitations on noise -generating activities. The developer and its contractors and subcontractors must ensure that construction equipment is properly muffled according to industry standards or as required by the Planning and Building Safety Department, whichever is the more stringent. • The developer and its contractors and subcontractors must place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible, to the satisfaction of the Planning and Building Safety Department. • The developer and its contractors and subcontractors must implement noise attenuation measures to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets to the satisfaction of the Planning and Building Safety Department. MM4.3-3 The developer's contracts with its construction contractors and subcontractors must include the requirement that construction staging areas, construction worker parking and the operation of earthmoving equipment within the project site, are located as far away from vibration- and noise -sensitive sites as 15 possible. Contract provisions incorporating the above requirements must be included as part of the project's construction documents, which must be reviewed and approved by the Planning and Building Safety Department. MM4.3-4 The developer must require by contract specifications that heavily loaded trucks used during construction must be routed away from residential streets to the extent possible. Contract specifications must be included in the proposed project construction documents, which must be reviewed by the City before grading permits are issued. MM4.3-5 Residential units must be designed and constructed to ensure that interior noise levels from exterior transportation sources —including aircraft and vehicles on adjacent roadways — cannot exceed 45 dBA CNEL. In order to ensure that all dwelling units achieve an adequate noise reduction to achieve an interior noise level of 45 dBA CNEL, the following features must be included in the building design and construction of all dwelling units: (1) upgraded dual -glazed windows, (2) mechanical ventilation/air conditioning, (3) exterior wall/roof assemblies free of cut-outs or openings, and (4) ceiling insulation in the top floor of each building to reduce aircraft noise by at least 20 dBA. Before a building permit is issued, the developer must submit architectural plans and a detailed acoustical analysis study prepared by a qualified acoustical consultant demonstrating that interior noise levels in all residential units would be 45 dBA CNEL or less to the Planning and Building Safety Department for review and approval. c) Finding: The City Council finds that with implementation of identified mitigation, potentially significant noise impacts (as identified above) would be reduced to a less -than -significant level as identified in the FEIR. 8. Transportation/Traffic (Initial Study and DEIR) a) Facts/Effects: (1) Emergency Access. Implementation of either Option of the proposed project would not result in inadequate emergency access. However, to ensure that either Option of the proposed project would not result in inadequate emergency access, site plans, site construction, and the actual structures would be subject to review and approval by the El Segundo Fire Department before building occupancy to ensure that required fire protection safety features, including building sprinklers and emergency access, are implemented. Additionally, implementation of mitigation measure MM HAZ-4 would ensure that emergency response teams for the City of El Segundo, including the El Segundo Police Department and El Segundo Fire Department, would be notified of lane closures during construction activities in the project area and that 16 one lane would remain open at all times to provide adequate emergency access to the site and surrounding neighborhoods. Therefore, Option 1 or Option 2 of the proposed project would not result in inadequate emergency access and impacts would be less -than -significant with incorporation of mitigation measure MM HAZ-4. b) Mitigation: MM HAZ-4 To ensure adequate access for emergency vehicles when construction activities would result in temporary lane or roadway closures, the project developer must consult with the City of El Segundo Police, Fire, and Public Works Departments to disclose temporary lane or roadway closures and alternative travel routes. The project developer will be required to keep a minimum of one lane in each direction free from encumbrances at all times on perimeter streets accessing the project site. In the event any full road closure is required, the project developer's contractor must coordinate with the City of El Segundo Police, Fire, and Public Works Departments to designate proper detour routes and signage to appropriate proper access routes. c) Finding: The City Council finds that with implementation of identified mitigation, potentially significant transportation/traffic impacts related to emergency access would be reduced to a less -than - significant level as identified in the FEIR. D. Significant and Unavoidable Impacts That Cannot Be Mitigated to a Less - Than -Significant Level The City Council finds that the following environmental impacts were identified as Significant and Unavoidable in the FEIR. Implementation of the identified mitigation measures would reduce significant environmental effects to the extent feasible, but not to a less -than -significant level. Air Quality (DEIR) a) Facts/Effects: (1) Violate Air Quality Standards (Construction). During certain phases of construction for Option 1 and Option 2 of the proposed project, maximum daily emissions of volatile organic compounds (VOC) would exceed SCAQMD significance thresholds, resulting in the violation of an air quality standard. SCAQMD significance thresholds for other criteria pollutants would not be exceeded. Mitigation measures MM4.1-1 to MM4.1-16 intended to improve air quality emissions generated by construction activities associated with the proposed project would reduce VOC emissions but not to levels below the SCAQMD significance threshold. Because VOC emissions, a precursor for ozone for which the Basin is currently in nonattainment, would exceed 17 SCAQMD significance thresholds during construction of Option 1 and Option 2 of the proposed project, the emissions generated by construction of the proposed project would be cumulatively considerable and would constitute a substantial contribution to an existing or projected air quality violation. Therefore, a significant and unavoidable project -level and cumulative impact would occur and no additional feasible mitigation is available. b) Mitigations: MM4.1-1 The developer must require by contract specifications that all diesel -powered equipment used will be retrofitted with after -treatment products (e.g., engine catalysts and diesel particulate filters). The engine catalysts must achieve a minimum reduction of 15 percent for NOX. The diesel particulate filters must meet USEPA Tier 3 standards. Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. MM4.1-2 The developer must require by contract specifications that all heavy-duty diesel -powered equipment operating and refueling at the project site use low-NOX diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel -powered trucks traveling to and from the project site). Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. MM4.1-3 The developer must require by contract specification that all heavy-duty diesel -powered equipment operations at the project site utilize a phased -in emission control technology in advance of a regulatory requirement such that 30 percent of the fleet will meet USEPA Tier 4 engine standards for particulate matter control (or equivalent) starting in 2013 and for the duration of the project. MM4.1-4 The developer must require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. MM4.1-5 The developer must require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines. Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. im MM4.1-6 As required by South Coast Air Quality Management District Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: • Application of soil stabilizers to inactive construction areas • Quick replacement of ground cover in disturbed areas • Watering of exposed surfaces three times daily • Watering of all unpaved haul roads three times daily • Covering all stock piles with tarp • Reduction of vehicle speed on unpaved roads • Post signs on -site limiting traffic to 15 miles per hour or less • Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads • Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials before leaving the site to prevent dust from impacting the surrounding areas • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site for each trip MM4.1-7 The developer must require by contract specifications that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, be turned off when not in use for more than 30 minutes. Diesel -fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds must be turned off when not in use for more than 5 minutes. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-8 The developer must require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-9 The developer must require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to facilitate smooth traffic flow. Contract specifications must be included in the proposed project 19 construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-10 The developer must require by contract specifications that construction activities that would affect traffic flow on the arterial system be scheduled to off-peak hours (9:00 AM to 4:00 PM). Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-11 The developer must require by contract specifications that dedicated on -site and off -site left -turn lanes on truck hauling routes be utilized for movement of construction trucks and equipment on site and off site to the extent feasible during construction activities. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-12 The developer must require by contract specifications that trackout roads will meet SCAQMD Table XI-C standards to achieve a 46% reduction in PM10. The construction contractor must install gravel bed trackout apron (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) to reduce mud/dirt trackout from unpaved truck exit routes. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-13 When the City issues building or grading permits, whichever is issued earlier, the developer must notify, by mail, owners and occupants of all developed land uses within 1,000 feet of a project site within the Specific Plan providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager is responsible for complying with all project requirements related to PM10 generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. MM4.1-14 The developer must require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating that reduces VOC content by 15 percent or more. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. 20 MM4.1-15 The developer must require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-16 The developer must require by contract specifications that pre -painted construction materials be used to the extent feasible. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. c) Finding: The City Council finds that construction -related air quality environmental impacts cannot be mitigated below the threshold of significance for the proposed project and a significant and unavoidable impact would occur, as identified in the FEIR. 2. Noise (DEIR) a) Facts/Effects: (1) Excessive Exterior Noise Levels (Operation). Option 1 and Option 2 of the proposed project would result in the construction of noise -sensitive residential uses on a site where exterior noise levels currently exceed established noise standards considered normally or conditionally acceptable for residential uses due to the project site's proximity to LAX. Mitigation measure MM4.3-6 would ensure that the existing aviation easement granted to the City of Los Angeles as proprietor of LAX would remain in place with implementation of the proposed project and MM4.3-7 would ensure that prospective owners and occupants of the project site were adequately informed of the potential annoyances associated with proximity to LAX. However, mitigation measures MM4.3-6 and MM4.3-7 would not reduce existing exterior noise levels to a level that would be considered normally acceptable for residential land uses. As such, the proposed project would expose persons to noise levels that exceed established standards. Therefore, impacts are significant and unavoidable and no additional feasible mitigation is available. (2) Airport Noise. The proposed project site is located within the noise impact boundary for LAX and exterior noise levels at the project site currently exceed noise levels considered normally or conditionally acceptable for residential uses. Because the proposed project would result in the construction of new residences on a site within the noise impact boundary, the proposed project is subject to El Segundo Municipal Code § 13-1- 4 (Residential Noise Insulation Standards) which requires that interior noise levels do not exceed 45 dBA CNEL within new residences. To ensure that the project complies with the El 21 Segundo Municipal Code, mitigation measure MM4.3-5 would be implemented, which requires the project applicant to submit architectural plans and a detailed acoustical analysis study (demonstrating that interior noise levels in all residential units would be 45 dBA CNEL or less) for review and approval by the City's Planning and Building Safety Department. Therefore, the proposed project would not expose new residents to interior noise levels in excess of established standards with implementation of mitigation measure MM4.3-5. However, no mitigation is available to reduce existing exterior noise levels to a level that would be considered acceptable for residential land uses. Implementation of mitigation measures MM4.3-6 and MM4.3-7 would ensure that the existing aviation easement remains in place and future residents are informed of the potential annoyances associated with proximity to LAX, respectively, but does not reduce excessive exterior noise levels. Therefore, this impact would be significant and unavoidable because the proposed project would expose future residents to excessive exterior noise levels due to the project site's proximity to LAX. b) Mitigations: MM4.3-5 Residential units must be designed and constructed to ensure that interior noise levels from exterior transportation sources —including aircraft and vehicles on adjacent roadways — cannot exceed 45 dBA CNEL. In order to ensure that all dwelling units achieve an adequate noise reduction to achieve an interior noise level of 45 dBA CNEL, the following features must be included in the building design and construction of all dwelling units: (1) upgraded dual -glazed windows, (2) mechanical ventilation/air conditioning, (3) exterior wall/roof assemblies free of cut-outs or openings, and (4) ceiling insulation in the top floor of each building to reduce aircraft noise by at least 20 dBA. Before a building permit is issued, the developer must submit architectural plans and a detailed acoustical analysis study prepared by a qualified acoustical consultant demonstrating that interior noise levels in all residential units would be 45 dBA CNEL or less to the Planning and Building Safety Department for review and approval. MM4.3-6 The ESUSD must make as a condition of sale of the proposed project site, that the future owner express acknowledgement and confirmation of the continuing applicability of the existing aviation easement for noise, vibrations, and fumes over the proposed project site property. Notice must include the following language: "NOTICE OF AIR EASEMENTS — This property is subject to air easements that may affect your property rights. Such air easements are recorded with the Los Angeles County Recorder's Office as Document No. 80-55139." MM4.3-7 In accordance with the Business and Professions Code and Civil Code each prospective purchaser of residential property 22 within the Project and all subsequent purchasers must be notified as follows: • NOTICE OF AIRPORT IN VICINITY— This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, soot, or odors). Individual sensitivities to those annoyances can vary from person to person. The property is within the 65 db CNEL noise contour. The property is required to achieve an interior noise of not more than 45 db CNEL. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. In addition, although not required by Civil Code §§ 1103, et seq., each prospective tenant of leased residential property within the Project must also be notified as described above. c) Finding: The City Council finds that exterior noise environmental impacts cannot be mitigated below the threshold of significance for the proposed project and a significant and unavoidable impact would occur, as identified in the FEIR. E. Insignificant Cumulative Impacts. The City Council finds that the Initial Study, FEIR and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the 540 East Imperial Avenue Specific Plan Project with respect to the areas listed below: • Aesthetics • Agriculture/Forestry Resources • Biological Resources • Cultural Resources • Geology/Soils • Greenhouse Gas Emissions • Hazards/Hazardous Materials • HydrologyMater Quality • Land Use/Planning • Mineral Resources • Population/Housing • Public Services • Recreation 23 • Transportation/Traffic • Utilities/Service Systems F. Significant Cumulative Impacts 1. Air Quality (DEIR) a) Facts/Effects: (1) Emissions of Criteria Pollutants (Construction). During certain phases of construction of Option 1 and Option 2 of the proposed project, maximum daily emissions of volatile organic compounds (VOC) emissions would exceed SCAQMD significance thresholds, resulting in the violation of an air quality standard. SCAQMD significance thresholds for other criteria pollutants would not be exceeded. Mitigation measures MM4.1-1 to MM4.1-16 intended to improve air quality emissions generated by construction activities associated with the proposed project would reduce VOC emissions but not to levels below the SCAQMD significance threshold. Because VOC emissions, a precursor for ozone for which the Basin is currently in nonattainment, would exceed SCAQMD significance thresholds during construction of Option 1 and Option 2 of the proposed project, the emissions generated by construction of the proposed project would be cumulatively considerable and would constitute a substantial contribution to an existing or projected air quality violation. Therefore, a significant and unavoidable cumulative impact would occur and no additional feasible mitigation is available. b) Mitigations: Refer to mitigation measures MM4.1-1 through MM4.1-16 provided above. c) Finding: The City Council finds that the cumulative air quality impact cannot be mitigated to a less -than -significant level and a significant and unavoidable cumulative impact would occur, as identified in the FEIR. 2. Operational Noise (DEIR) a) Facts/Effects: (1) Excessive Exterior Noise Levels. The proposed project site and the surrounding area is located within the noise impact boundary for LAX. Consequently future residents of the proposed project would be exposed to existing exterior noise levels that exceed established standards for residential uses. Additional residential development within the noise impact boundary for LAX may occur in the future resulting in the exposure of additional residents to excessive exterior noise levels. No mitigation is 24 available to reduce existing exterior noise levels to a level that would be considered acceptable for residential land uses. Implementation of mitigation measures MM4.3-6 and MM4.3-7 would ensure that the existing aviation easement remains in place and future residents are informed of the potential annoyances associated with proximity to LAX, respectively, but does not reduce excessive exterior noise levels. Accordingly, the proposed projects contribution would be considered cumulatively significant. (2) Airport Noise. The proposed project site and the surrounding area is located within the noise impact boundary for LAX and as a consequence future residents of the proposed project would be exposed to existing exterior noise levels that exceed established standards for residents. Future residential projects may also be located within noise impact boundary for LAX, exposing additional residential to noise levels that exceed the normally acceptable development standard due the proximity to the LAX. No mitigation is available to reduce existing exterior noise levels to a level that would be considered acceptable for residential land uses. Implementation of mitigation measures MM4.3-6 and MM4.3-7 would ensure that the existing aviation easement remains in place and future residents are informed of the potential annoyances associated with proximity to LAX, respectively, but does not reduce excessive exterior noise levels. As development of the proposed project would result in the exposure of on -site noise sensitive uses to an increase in noise levels, the contribution would be considered cumulatively significant. b) Finding: The City Council finds that the cumulative noise impacts cannot be mitigated to a less -than -significant level and a significant and unavoidable cumulative impact would occur, as identified in the FEIR. G. Growth Inducing Impacts The City Council finds on the basis of the Initial Study, FEIR, and the record of proceedings in this matter, that there are no growth inducing impacts. H. Project Alternatives Reasonable Range of Alternatives The proposed project analyzes two project options in equal detail throughout the FEIR and analyzes two potential alternative designs and one no project alternative. Thus the analysis in the FEIR fulfills CEQA Guidelines § 15126.6 which requires that the FEIR "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." 25 a) Findings The City Council finds that the FEIR and the record of proceedings in this matter describe a reasonable range of alternatives that could feasibly attain most of the basic objectives of the 540 East Imperial Avenue Specific Plan Project. The City Council also finds that the FEIR and record of proceedings in this matter contains sufficient information about each alternative to allow for meaningful evaluation, analysis and comparison of the alternatives. 2. No Project Alternative a) No Project The No Project Alternative represents the status quo; the project site would continue to remain developed with the unoccupied Imperial Avenue Elementary School and no improvements would be constructed at the site. No significant and adverse environmental impacts would occur as a result of the No Project Alternative. b) Finding The City Council finds that the No Project Alternative would fail to meet the objectives of the proposed project as stated in FEIR Section 2.0, Project Description, would not be consistent with the site's zoning of PRD which encourages development of the site with high quality residential housing, and would not accommodate the housing needs of the City of El Segundo, as identified in the 2009 Housing Element. 3. Environmentally Superior Alternative An El is required to identify the environmentally superior alternative from among the reasonable range of potentially feasible alternatives that are evaluated. In addition to the No Project Alternative, the EIR analyzed Alternative 1 (Senior Assisted Living Facility and Single -Family Alternative) and Alternative 2 (Senior Townhome and Single -Family Alternative). The No Project Alternative was determined to be the environmentally superior alternative as it would eliminate all significant and unavoidable environmental effects; however, CEQA Guidelines Section 15126.6(e)(2) requires that if the No Project/No Development Alternative is determined to be the environmentally superior alternative, an environmentally superior alternative must be identified among the other alternatives. Accordingly, the environmentally superior alternative would be Alternative 2. While both Alternative 1 and Alternative 2 would achieve all of the stated project objectives, Alternative 2 would generate the fewest number of trips compared to project Options 1 and 2 and Alternative 1. As a result, although the impact conclusions would be the same under both project Options and Alternatives, Alternative 2 would reduce GHG IV. V. impacts, air quality impacts during operation, and traffic impacts as a result of the reduced number of vehicle trips associated with operation of Alternative 2. None of the significant and unavoidable impacts identified for the proposed project would be fully eliminated with development of Alternative 2; however, selection of Alternative 2 would still benefit the ESUSD and the City. In addition to the reduction of project -related impacts, Alternative 2 would result in the benefit of the construction of new senior housing, helping to achieve the objective of the City to provide this type of housing stock, although Option 1 of the proposed project would best satisfy the Housing Element needs. Although Alternative 2 was determined to be the environmentally superior alternative, between project Option 1 and Option 2, Option 2 is considered to be the superior project option because project Option 2 would generate less average daily trips (ADT) than Option 1 (428 ADT vs. 926 ADT), and would therefore result in reduced operational air quality, GHG, and traffic impacts compared to Option 1. However, Option 2 of the proposed project would not result in the benefit of the construction of new senior housing and assisted living opportunities that would result from Option 1 of the proposed project. STATEMENT OF OVERRIDING CONSIDERATIONS The City Council finds on the basis of the FEIR and the record of proceedings in this matter that the unavoidable significant impacts of the 540 East Imperial Avenue Specific Plan Project as discussed in Section II.D. above are acceptable when balanced against the benefits of the Project. This determination is based on the following substantial public and social factors as identified in the FEIR and the record of proceedings in the matter. Each benefit set forth below constitutes an overriding consideration warranting approval of the project. The proposed project would accommodate the housing needs of the City of El Segundo including senior and affordable housing as identified in the 2009 Housing Element. The proposed project would provide necessary income to the ESUSD from the unused school site. • The proposed project would replace the vacant and deteriorating elementary school with well -designed residential development, improving the visual quality of the neighborhood. SUBSTANTIAL EVIDENCE The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the FEIR, which is incorporated herein by this reference, and in the record of proceedings in the matter. CERTIFICATION OF EIR The City Council certifies that the Final Environmental Impact Report SCH #2011071019, dated February 2012, for the 540 East Imperial Avenue Specific Plan 27 Project was completed in compliance with the California Environmental Quality Act and Public Resources Code §§ 21000, eta. NA CITY COUNCIL RESOLUTION NO. EXHIBIT B CITY OF EL SEGUNDO 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT Environmental Impact Report SCH No. 2011071019 Project Case Nos. EA 890, DA10-02, SP10-03, SUB 10-01, ZTA 10-06, ZC 10-01, GPA 10-03 Mitigation Monitoring and Reporting Program Prepared for City of Ell Segundo Planning and Building and Safety Department 350 Main Street El Segundo, California 90245 Prepared by Atkins 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 January 2012 INTRODUCTION The Final Environmental Impact Report for the 540 East Imperial Avenue Specific Plan Project (State Clearinghouse #2011071019) identified mitigation measures to reduce the adverse effects of the project in the areas of. air quality, greenhouse gas emissions, noise, and transportation. Additionally, the Initial Study for the 540 East Imperial Avenue Specific Plan Project identified mitigation measures to reduce adverse effects of the project in the areas of: aesthetics, biological resources, cultural resources, geology and soils, and hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires that agencies adopting environmental impact reports ascertain that feasible mitigation measures are implemented, subsequent to project approval. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during applicable project timing, such as design, construction, or operation (Public Resource Code Section 21081.6). The Mitigation Monitoring and Reporting Program (MMRP) shall be used by the City El Segundo staff responsible for ensuring compliance with mitigation measures associated with the 540 East Imperial Avenue Specific Plan Project. Monitoring shall consist of review of appropriate documentation, such as plans or reports prepared by the party responsible for implementation, or by field observation of the mitigation measure during implementation. The following table identifies the mitigation measures by environmental resource area. The table also provides the specific mitigation monitoring requirements, including implementation documentation, monitoring activity, timing and responsible monitoring party. Verification of compliance with each measure is to be indicated by signature of the mitigation monitor, together with date of verification. The Project Applicant and the Applicant's contractor shall be responsible for implementation of all mitigation measures, unless otherwise noted in the table. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 1 MttWftn Measure/Condition of Approval Monitoring and Repot ing Process Verifcolion of CurT0iunce- Monttoring �PcvtyResponsble M►7estone for Monitoring I Initials I Dolls Remarks AESTHETICS (INITIAL STUDY) MM AES-1 Expansive areas of highly reflective materials, such Project building plans. Plan check prior to City of El Segundo — as mirrored glass, must not be permitted. Review and approve issuance of building Planning and Nonreflective building materials must be used to the building plans for permit Building Safety maximum extent possible to reduce potential glare inclusion of nonreflective Department impacts. building materials MM AES-2 Exterior lighting must be designed to minimize off - site glare. This may include, without limitation, using shielded or recessed lighting fixtures. MM4.1-1 The developer must require by contract specifications that all diesel -powered equipment used will be retrofitted with after -treatment products (e.g., engine catalysts and diesel particulate filters). The engine catalysts must achieve a minimum reduction of 15 percent for NOx. The diesel particulate filters must meet USEPA Tier 3 standards. Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. Project building plans. Review and approve building plans for inclusion of appropriate exterior lighting Visual Inspection Plan check prior to issuance of building permit During Operation 4.1 AIR QUALITY (DEIR) Contract language and notes on grading and building plans. Review and approve contract specifications, grading and building plans for inclusion. Visual Inspection Plan check prior to issuance of a grading permit. During Grading and Construction City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department 2 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP verficalion of Compliance AW Mondorlrg and Mo mbdng PWY Responsbte Cond. No. Mtlfgallon Measure/ Condf7ion of Approval Reporting Process Milestone for k bniloring Inilids Date Remarks MM4.1-2 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that all heavy-duty diesel -powered notes on grading and issuance of a grading Planning and equipment operating and refueling at the project site building plans. Review permit. Building Safety use low-NOx diesel fuel to the extent that it is and approve contract Department readily available and cost effective (up to specifications, grading 125 percent of the cost of California Air Resources and building plans for Board diesel) in the South Coast Air Basin (this inclusion. does not apply to diesel -powered trucks traveling to Visual Inspection During Grading and City of El Segundo — and from the project site). Contract specifications Construction Planning and must be included in project construction documents, Building Safety which must be reviewed by the City of El Segundo Department before grading permits are issued. MM4.1-3 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specification that all heavy-duty diesel -powered notes on grading and issuance of a grading Planning and equipment operations at the project site utilize a building plans. Review permit. Building Safety phased -in emission control technology in advance and approve contract Department of a regulatory requirement such that 30 percent of specifications, grading the fleet will meet USEPA Tier 4 engine standards and building plans for for particulate matter control (or equivalent) starting inclusion. in 2013 and for the duration of the project. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department MM4.1-4 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that construction equipment engines notes on grading and issuance of a grading Planning and be maintained in good condition and in proper tune building plans. Review permit. Building Safety per manufacturer's specification for the duration of and approve contract Department construction. Contract specifications must be specifications, grading included in project construction documents, which and building plans for must be reviewed by the City of El Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 11 U Cond No. MM4.1-5 The developer must require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines. Contract specifications must be included in project construction documents, which must be reviewed by the City of El Segundo before grading permits are issued. MM4.1-6 As required by South Coast Air Quality Management District Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: ■ Application of soil stabilizers to inactive construction areas ■ Quick replacement of ground cover in disturbed areas ■ Watering of exposed surfaces three times daily ■ Watering of all unpaved haul roads three times daily ■ Covering all stock piles with tarp ■ Reduction of vehicle speed on unpaved roads ■ Post signs on -site limiting traffic to 15 miles per hour or less ■ Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads ■ Cover or have water aoolied to the exposed Contract language and notes on grading and building plans. Review and approve contract specifications, grading and building plans for inclusion. Visual Inspection Visual Inspection Verdrecftn of Compfth Monitoring PadyResponsble Milestone I for Montt dna Plan check prior to issuance of a grading permit. During Grading and Construction During Grading and Construction City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department Remarks 4 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 1� MM4.1-7 lrIllg &n Memrel CO11d lorl of iprovd surface of all trucks hauling dirt, sand, soil, or other loose materials before leaving the site to prevent dust from impacting the surrounding areas ■ Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site for each trip The developer must require by contract Contract language and specifications that construction -related equipment, notes on grading and including heavy-duty equipment, motor vehicles, building plans. Review and portable equipment, be turned off when not in and approve contract use for more than 30 minutes. Diesel -fueled specifications, grading commercial motor vehicles with gross vehicular and building plans for weight ratings of greater than 10,000 pounds must inclusion. be turned off when not in use for more than Visual Inspection 5 minutes. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-8 The developer must require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. Contract language and notes on grading and building plans. Review and approve contract specifications, grading and building plans for inclusion. Visual Inspection Plan check prior to issuance of a grading permit. During Grading and Construction Plan check prior to issuance of a grading permit. During Grading and Construction City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 5 Mill/ Cond No. Mitigation Measure/ Condirlton of Approval A4mkdng and Reporting Process MM4.1-9 The developer must require by contract Contract language and specifications that temporary traffic controls are notes on grading and provided, such as a flag person, during all phases of building plans. Review construction to facilitate smooth traffic flow. Contract and approve contract specifications must be included in the proposed specifications, grading project construction documents, which must be and building plans for approved by the City of El Segundo before grading inclusion. permits are issued. Visual Inspection MM4.1-10 MM4.1-11 The developer must require by contract specifications that construction activities that would affect traffic flow on the arterial system be scheduled to off-peak hours (9:00 AM to 4:00 PM). Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. The developer must require by contract specifications that dedicated on -site and off -site left - turn lanes on truck hauling routes be utilized for movement of construction trucks and equipment on site and off site to the extent feasible during construction activities. Contract specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. Contract language and notes on grading and building plans. Review and approve contract specifications, grading and building plans for inclusion. Visual Inspection Contract language and notes on grading and building plans. Review and approve contract specifications, grading and building plans for inclusion. Visual Inspection •flfL�iLfr� Plan check prior to issuance of a grading permit. During Grading and Construction Plan check prior to issuance of a grading permit. During Grading and Construction Plan check prior to issuance of a grading permit. During Grading and Construction Verriication of Cc. roiam e Party Responsble for Monitoring City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department Initials I We I Remaks City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Aft/ Cond. No. Mdigallon Measure/ Conddion of Approval Maftnng and Repo►fing Process MM4.1-12 The developer must require by contract Contract language and specifications that trackout roads will meet notes on grading and SCAQMD Table XI-C standards to achieve a 46% building plans. Review reduction in PM,o.The construction contractor must and approve contract install gravel bed trackout apron (3 inches deep, specifications, grading 25 feet long, 12 feet wide per lane and edged by and building plans for rock berm or row of stakes) to reduce mud/dirt inclusion. trackout from unpaved truck exit routes. Contract Visual Inspection specifications must be included in the proposed project construction documents, which must be approved by the City of El Segundo before grading permits are issued. MM4.1-13 When the City issues building or grading permits, Proof of Notification whichever is issued earlier, the developer must mailers notify, by mail, owners and occupants of all developed land uses within 1,000 feet of a project site within the Specific Plan providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and On -site Notice Posting designated construction manager that would be available on site to monitor construction activities. The construction manager is responsible for complying with all project requirements related to PMio generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Ve►dicahon of C.ompirance, Mondoring Pc tyResponsble Milestone for Monitoring lni6cds Dale Remarks Plan check prior to issuance of a grading permit. During Grading and Construction After the issuance of a grading or a building permit, whichever is issued earlier prior to start of construction activities. During Grading and Construction City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department Mil✓ Manitortngand MonBoft PartyResporsbIe Cond No. Wgdion Measure/ Condi►Hon ofApprovd Repo►6ng Process Milestone for Monitoring Inilids Dole Remarks MM4.1-14 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that the architectural coating (paint notes on grading and issuance of a grading Planning and and primer) products used would have a VOC rating building plans. Review permit. Building Safety that reduces VOC content by 15 percent or more. and approve contract Department Contract specifications must be included in the specifications, grading proposed project construction documents, which and building plans for must be approved by the City of El Segundo before inclusion. grading permits are issued. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department MM4.1-15 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that materials that do not require notes on grading and issuance of a grading Planning and painting be used during construction to the extent building plans. Review permit. Building Safety feasible. Contract specifications must be included in and approve contract Department the proposed project construction documents, which specifications, grading must be approved by the City of El Segundo before and building plans for grading permits are issued. inclusion. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department MM4.1-16 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that pre -painted construction notes on grading and issuance of a grading Planning and materials be used to the extent feasible. Contract building plans. Review permit. Building Safety specifications must be included in the proposed and approve contract Department project construction documents, which must be specifications, grading approved by the City of El Segundo before grading and building plans for permits are issued. inclusion. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP MM BI0-1 Construction of either Option of the proposed project must avoid the February 1 through August 31 bird nesting season to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds must be conducted by a qualified wildlife biologist no earlier than 14 days before construction. The area surveyed must include all clearing/construction areas, as well as areas within 250 feet of the boundaries of these areas, or as otherwise determined by the biologist. If no active avian nests are identified on or within 250 feet of the limits of the proposed disturbance area, no further mitigation is necessary. If active nests are found within 250 feet of the proposed disturbance area, clearing/construction activities must be postponed within 250 feet of the nest until a wildlife biologist has identified the nesting avian species. If the avian species is not protected under the MBTA or the California Fish and Game Code, no further action is required and construction activities may proceed. If the avian species is protected under the MBTA or the California Fish and Game Code, no action other than avoidance of the active nest(s) may be taken without consultation with the California Department of Fish and Game (CDFG). In addition, a minimum 100-foot buffer zone surrounding the active nest(s) must be established until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts, as determined by the wildlife biologist. The size of the buffer area may be reduced if the wildlife biologist determines, upon consultation and concurrence from the CDFG, that the size of the buffer area would not be likely to have adverse effects on the particular species. BIOLOGICAL RESOURCES (INITIAL STUDY) Contract language and notes on grading and building plans. Review and approve contract specifications, grading plans and building plans for inclusion. If necessary, bird nesting survey and consultation with CDFG. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Plan check prior to issuance of a grading permit and building permit. Plan check prior to issuance of a grading permit and building permit. City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department and California Department of Fish and Game MM CR-1 In the event that archaeological/paleontological resources are unearthed during project subsurface activities, all earth -disturbing work within a 100- meter radius must be temporarily suspended or redirected until a qualified archeologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel must be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, must prepare a research design for recovery of the resources in consultation with the state Office of Historic Preservation that satisfies the requirements of Public Resources Code § 21083.2. The archaeologist or paleontologist must complete a report of the excavations and findings, and must submit the report for peer review by three County - certified archaeologists or paleontologists, as appropriate. Upon approval of the report, the County must submit this report to the Los Angeles Archeological Information Center and keep the report on file at the County of Los Angeles. After the find has been appropriately mitigated, work in the area may resume. CULTURAL RESOURCES (INITIAL STUDY) Contract language and notes on grading plans. Review and approve contract specifications and grading plans for inclusion. If necessary, assessment of resource by qualified archeologist. If necessary, preparation of a research design for recovery and approval of report of excavation and findings. Plan check prior to issuance of a grading permit. During Grading Prior to re- commencement of grading. City of El Segundo — Planning and Building Safety Department City of El Segi Planning and Building Safet, Department Office of Histo Preservation e Los Angeles Archeological Information CE 10 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Vefca ion of Con7pPrance Mil✓ Mordloring and Monitoring Party Responsbie i Cond No. Miligation Measurel Corxgm d Approvd Reporting Process I Milestone ; for Monitoring IniHds Date Remarks MM CR-2 If human remains are discovered during any Contract language and demolition/construction activities, all ground- notes on grading plans. disturbing activity within 50 feet of the remains must Review and approve be halted immediately, and the Los Angeles County contract specifications coroner must be notified immediately, pursuant to and grading plans for Public Resources Code § 5097.98 and Health and inclusion. Safety Code § 7050.5. If the remains are determined by the County coroner to be Native American, the Native American Heritage If necessary, NAHC Commission (NAHC) must be notified within notification, field 24 hours, and the guidelines of the NAHC must be investigation, and adhered to in the treatment and disposition of the consultation with Most remains. The project developer must also retain a Likely Descendant. professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Plan check prior to issuance of a grading permit. During Grading. City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department and Native American Heritage Commission GEOLOGY/SOILS (INITIAL STUDY) MM GEO-1 A California -licensed Civil Engineer (Geotechnical) Approved Geotechnical Prior to issuance of City of El Segundo — must prepare and submit to the City, a detailed soils Report. Review and grading permit. Planning and and geotechnical analysis of the proposed project approve grading plan and Building Safety before the commencement of any construction building plans for Department activities. The geotechnical report will include inclusion of recommendations that must be implemented in the recommendations. design of the proposed project, including without limitation measures associated with site preparation, fill placement, temporary shoring and permanent dewatering, groundwater seismic design features, excavation stability, foundations, soil stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. 4.2 GREENHOUSE GAS EMISSIONS (DEIR) MM4.2-1 Before the City issues a building permit, the developer Contract language and Plan check prior to City of El Segundo — must demonstrate that the design of the proposed notes on building plans. issuance of a building Planning and buildings or structures meets or exceeds the most Review and approve permit. Building Safety recent Title 24 Energy Efficiency Standards, subject to contract specifications Department review by the Planning and Building Safety and building plans for Department. Documentation of compliance with this inclusion. measure must be provided to the Planning and Visual Inspection During Grading and City of El Segundo — Building Safety Department for review and approval Construction Planning and before the City issues the permit. Installation of the Building Safety identified design features or equipment will be Department confirmed by the Planning and Building Safety Department before it issues a certificate of occupancy. The following design features should be considered by the developer as a way to achieve Title 24 Energy Efficiency Standards compliance in excess of the minimum requirement: 12 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP A411 Cond. No. A tgdlon Measure/Condbw dApprovd ■ Increase in insulation such that heat transfer and thermal bridging is minimized ■ Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption ■ Incorporate dual -paned or other energy efficient windows ■ Incorporate energy efficient space heating and cooling equipment ■ Incorporate energy efficient light fixtures ■ Incorporate energy efficient appliances ■ Incorporate energy efficient domestic hot water systems ■ Incorporate solar panels into the electrical system as feasible ■ Incorporate cool roofs/light-colored roofing ■ Or incorporate other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Energy Efficiency Standards by a minimum of 20 percent Veffcdton of Caroirnce- MoNtming aid Monitodng P&WResp e _ 1 Reporting Process MBestone for Monitoring Inillds I We Remarks MM4.2-2 Before the City issues a building permit, the Project landscaping and Plan check prior to City of El Segundo — developer must provide a landscape plan that building plans. Review issuance of building Planning and includes shade trees around main buildings, and approve landscaping permit Building Safety particularly along southern elevations where and building plans for Department practical, and will not interfere with constraints. inclusion of features Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. MM4.2-3 All showerheads, lavatory faucets, and sink faucets Project building plans. Plan check prior to City of El Segundo — within the residential units, and where feasible Review and approve issuance of building Planning and within non-residential developments, must comply building plans for permit Building Safety with the California Energy Conservation flow rate inclusion of features Department standards. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 13 Md./ Cond No. Miffgollon Measure/ Conddion of Approvcd MM4.2-4 Low -flush toilets must be installed within all Congregate Care units as specified in Health and Safety Code § 17921.3. Veldcollon ofC.omoor" Mondorfngaid Reporlingr Process Morwor6ig PorlyResponsible Milestone for Monitoring Project building plans. Plan check prior to City of El Segundo — Review and approve issuance of building Planning and building plans for permit Building Safety inclusion of features Department MM4.2-5 The developer must ensure that landscaping of Project landscaping and Plan check prior to City of El Segundo - common areas for the proposed project uses building plans. Review issuance of building Planning and drought -tolerant and smog -tolerant trees, shrubs, and approve landscaping permit Building Safety and groundcover to ensure long-term viability and to and building plans for Department conserve water and energy. inclusion of features City of El Segundo — MM4.2-6 The developer must ensure that the landscape plan Project landscaping and Plan check prior to for the proposed project includes drought -resistant building plans. Review issuance of building Planning and trees, shrubs, and groundcover within the parking and approve landscaping permit Building Safety lot and perimeter. and building plans for Department; Parks inclusion of features and Recreation Department MM4.2-7 I The developer must ensure that designs for the Project building plans. Plan check prior to City of El Segundo — proposed project include all illumination elements to Review and approve issuance of building Planning and have controls to allow selective use as an energy building plans for permit Building Safety conservation measure. inclusion of features Department MM4.2-8 Before the City issues any certificate of occupancy, Project building plans. Plan check prior to I City of El Segundo — the developer must demonstrate that the proposed Review and approve issuance of building Planning and projects' interior building lighting supports the use of building plans for permit Building Safety compact fluorescent light bulbs or equivalently inclusion of features Department efficient lighting to the satisfaction of the Planning and Building Safety Department. MM4.2-9 The developer must consider providing preferential parking spaces for ultra -low -emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low -emission vehicles. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. Project building plans. Review and approve building plans for inclusion of features Plan check prior to issuance of building permit City of El Segundo — Planning and Building Safety Department OEM Remarks 14 City of El Segundo 540 East Imperial Avenue Specific Plan Project OR MMRP Veffkafion of Cann ► icance Mft✓ Motdtorfng and Moru1'oring Ply Responsble Cond. No. ArdW tton Meosure/ ComMan of Approval Repotting Process Mestone for Monitoring lniftots Date Remarks MM4.2-10 Before the City issues a building permit, the Visual Inspection Prior to issuance of City of El Segundo — developer must demonstrate that the proposed certificate of occupancy Planning and project is designed to incorporate exterior storage Building Safety areas for recyclables and green waste and Department; Public adequate recycling containers located in Works Department public/common areas. Installation of the identified design features or equipment will be reviewed and approved by the Planning and Building Safety Department before the City issues a certificate of occupancy. MM4.2-11 All common -area irrigation areas for the proposed Project landscaping and Plan check prior to City of El Segundo — project must consider systems that are capable of building plans. Review issuance of building Planning and being operated by a computerized irrigation system and approve landscaping permit Building Safety that includes an on -site weather station/ET gage and building plans for Department capable of reading current weather data and making inclusion of features automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system must also consider the ability to be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. Documentation of compliance with this measure must be provided to the Planning and Building Safety Department for review and approval. MM4.2-12 The developer must, where feasible, incorporate Project building plans. Plan check prior to City of El Segundo — passive solar design features into the buildings, Review and approve issuance of building Planning and which may include roof overhangs or canopies that building plans for permit Building Safety block summer shade, but that allow winter sun, from inclusion of features Department penetrating south facing windows. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 15 Veditd lon of Co►yRance AW./ r Mongoringand Mondoft PartyResponsibb Cafd Na MdkjaBon Measure/ Conlon ofApprovd I Reporhng Process M►leslone for Mondonng I lnrTrds Dale I Remarks MM HAZ-1 MM HAZ-2 Before demolition and/or construction activities, the proposed project site must be tested for asbestos and lead by a licensed contractor. The contractor must follow all applicable local, state, and federal codes and regulations related to the treatment, handling, and disposal of asbestos and lead if the proposed project requires asbestos and/or lead abatement. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction at the project site, construction activities in the immediate vicinity of the contamination must cease immediately. If contamination is encountered, a Risk Management Plan must be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post -development and (2) describes measures to be taken to protect workers and the public from exposure to potential site hazards. Such measures could include a range of options, including, without limitation, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, regulatory agencies must be notified (e.g., El Segundo Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements must be prepared and in place before commencement of work in any contaminated area. Testing for asbestos and lead and potential abatement. Contract language and notes on grading and building plans. Review and approve contract specifications grading plans, and building plans for inclusion. If necessary, Risk Management Plan and Site Health and Safety Plan. (INITIAL STUDY) Prior to issuance of demolition permit and grading permit. Plan check prior to issuance of grading permit and building permit During Grading City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department; Fire Department 16 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Vet5caiion of Compliance Aftl MonMmftamf MaWMW ParfyResponsble Cond. No. Mfflgdlon Measure/ Condi ian dApprovd Repoifing Process Maesfone for Monitoring I 1hfiM Dade Remarks MM HAZ-3 Before project implementation, the developer must Submission of Form Prior to issuance of submit Form 7460-1 (Notice of Proposed 7460-1 and project review grading permit. Construction or Alternation) to the Federal Aviation and approval. Administration for project review and approval. 4.3 NOISE (DEIR) Federal Aviation Administration MM4.3-1 The developer's contractor must refrain from Visual Inspection During grading and City of El Segundo — engaging in all construction -related activities, construction Planning and including the delivery of construction materials, the Building Safety loading and unloading of construction equipment, Department starting the engine ignition, and the repair and servicing of construction equipment and vehicles between the hours of 6:00 PM and 7:00 AM Monday through Saturday, or at any time on Sunday or a federal holiday. Construction noise levels must not exceed the noise and vibration standard set in El Segundo Municipal Code §§ 7-2-4(C) and 7-2-10(D). If construction activities result in the generation of noise that exceeds the noise and vibration standards set forth by the El Segundo Municipal Code, a noise permit must be obtained from the City of El Segundo before commencing any construction activities. MM4.3-2 The developer's construction contracts must require Grading Plan and Before issuance of City of El Segundo — implementation of the following construction best Building Plan Processing grading permits Planning and management practices (BMPs) by all construction Building Safety contractors and subcontractors working in or around Director the project site to reduce construction noise levels: ■ Not less than 10 days before the start of construction, the developer must mail a written notification to owners and occupants of all developed properties within 1,000feet of the project site. The notification must provide a schedule of major construction activities that will occur throughout the duration of the City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 17 Mff✓ Cond No. AM1galbn Measure/ Conddlan of Appf ovd Veri6cc MaWbftand Monffbft Reporfing Process AGestone ffon of CompOance ParlyResponsble for MmNodng lnf ds Dale Remarks construction period. In addition, the notification must include the identity and contact number of a designated community liaison and designated construction manager who will be available on site to monitor construction activities during regular working hours. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contact information for the community liaison and construction manager will be posted on the exterior of the construction office or trailer at the construction site, at City Hall, and at the City's Police Department. The notification must also include the permitted hours of operation and all relevant information regarding limitations on noise -generating activities. ■ The developer and its contractors and subcontractors must ensure that construction equipment is properly muffled according to industry standards or as required by the Planning and Building Safety Department, whichever is the more stringent. ■ The developer and its contractors and subcontractors must place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible, to the satisfaction of the Planning and Building Safety Department. ■ The developer and its contractors and subcontractors must implement noise attenuation measures to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets to the satisfaction of the Planning and Building Safety Department. 18 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP Aftl Cond No. Mfloation Measure/ ConMbn of Appwd Verification cfComptla we Monfftand Montioring PdtyRespasible Reporting Process MUeslone for Mordoring Inifids Date Renxnks MM4.3-3 The developer's contracts with its construction Contract language and Plan check prior to City of El Segundo — contractors and subcontractors must include the notes on grading and issuance of a grading Planning and requirement that construction staging areas, building plans. Review permit. Building Safety construction worker parking and the operation of and approve contract Department earthmoving equipment within the project site, are specifications, grading located as far away from vibration- and noise- and building plans for sensitive sites as possible. Contract provisions inclusion. incorporating the above requirements must be Visual Inspection During Grading and City of El Segundo — Segundo — included as part of the project's construction Construction Planning and documents, which must be reviewed and approved Building Safety by the Planning and Building Safety Department. Department MM4.3-4 The developer must require by contract Contract language and Plan check prior to City of El Segundo — specifications that heavily loaded trucks used during notes on grading and issuance of a grading Planning and construction must be routed away from residential building plans. Review permit. Building Safety streets to the extent possible. Contract and approve contract Department specifications must be included in the proposed specifications, grading project construction documents, which must be and building plans for reviewed by the City before grading permits are inclusion. issued. Visual Inspection During Grading and City of El Segundo — Construction Planning and Building Safety Department City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 19 I47✓ Cond No. Mitigation Measure/ Concrdlon of Approval Maldbft and Reporting Process MM4.3-5 Residential units must be designed and constructed Contract language and to ensure that interior noise levels from exterior notes on grading and transportation sources —including aircraft and building plans. Review vehicles on adjacent roadways —cannot exceed and approve contract 45 dBA CNEL. In order to ensure that all dwelling specifications, grading units achieve an adequate noise reduction to and building plans for achieve an interior noise level of 45 dBA CNEL, the inclusion. following features must be included in the building Visual Inspection design and construction of all dwelling units: (1) upgraded dual -glazed windows, (2) mechanical ventilation/air conditioning, (3) exterior wall/roof assemblies free of cut-outs or openings, and (4) ceiling insulation in the top floor of each building to reduce aircraft noise by at least 20 dBA. Before a building permit is issued, the developer must submit architectural plans and a detailed acoustical analysis study prepared by a qualified acoustical consultant demonstrating that interior noise levels in all residential units would be 45 dBA CNEL or less to the Planning and Building Safety Department for review and approval. MM4.3-6 The ESUSD must make as a condition of sale of the Proof of proposed project site, that the future owner express acknowledgement and acknowledgement and confirmation of the confirmation to buyer continuing applicability of the existing aviation easement for noise, vibrations, and fumes over the proposed project site property. ve►ihcalion of ca-np anew AokWWoring PParty Responsbie Weston for Monitoring I Imfids I Date Remarks Plan check prior to issuance of a grading permit. During Grading and Construction Prior to commencement of the project City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department City of El Segundo — Planning and Building Safety Department 20 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP VerdcaHon of Compliance Md✓ Cond No. Mon&Mgand Mdlgalbn Measure/ Conddion d Approvd Reporting Process Man"Oft PartyResponsible Aftslone i for Monitoring Intnds Dale Renxuks MM4.3-7 In accordance with the Business and Professions Proof of Prior to commencement City of El Segundo — Code and Civil Code each prospective purchaser of acknowledgement and of the project Planning and residential property within the Project and all confirmation to buyer Building Safety subsequent purchasers must be notified as follows: Department ■ NOTICE OF AIRPORT IN VICINITY —This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, soot, or odors). Individual sensitivities to those annoyances can vary from person to person. The property is within the 65 db CNEL noise contour. The property is required to achieve an interior noise of not more than 45 db CNEL. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. In addition, although not required by Civil Code Sections 1103, et seq., each prospective tenant of leased residential property within the Project must also be notified as described above. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP 21 VedlIccllon of Comphance A411 MonConng and Ma ftft ftW ftspaW* Cond. No. AMg cftn Measure/ Cond► m ofApprovd Reporting Process Mesllom for Monitonng lni ids 4,5 TRANSPO ON (DEIR) MM HAZ-4 To ensure adequate access for emergency vehicles Contract language and Plan check prior to City of El Segundo — when construction activities would result in notes on grading and issuance of a grading Police, Fire, Public temporary lane or roadway closures, the project building plans. Review permit. Works and Planning developer must consult with the City of El Segundo and approve contract and Building Safety Police, Fire, and Public Works Departments to specifications, grading Department disclose temporary lane or roadway closures and and building plans for alternative travel routes. The project developer will inclusion. be required to keep a minimum of one lane in each Visual Inspection During Grading and City of El Segundo — direction free from encumbrances at all times on Construction Police, Fire, Public perimeter streets accessing the project site. In the Works and Planning event any full road closure is required, the project and Building Safety developer's contractor must coordinate with the City Department of El Segundo Police, Fire, and Public Works Departments to designate proper detour routes and signage to appropriate proper access routes. Dale I Remarks 22 City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP City Council Resolution No. Exhibit C El Segundo General Plan Land Use Element Excerpt - Page 3-6 Residential Designations Strike the following text on page 3-6: And add the following text in a separate paragraph immediately below Multi - Family Residential on page 3-6: "540 East Imperial Avenue Specific Plan: Permits a mix of residential uses with two possible development options. Option 1 would allow up to a maximum of 304 units in a Senior Housing Community with a Multi -Family Residential (R-3) component, or Or)tion 2 would allow un to a maximum of 58 units in a Mixed Residential Development (sinqle-family and multi -family units). This designation is intended to encourage design flexibility and provide transitional densities and uses that are compatible with surrounding land uses. This designation is not intended to be used elsewhere within the City.,, PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council March 6 2012\Resolution and Attachments\EA-890.CC.GP excerpt Land Use Designations Reso Exhibit C.doc City Council Resolution No. Exhibit D Excerpt from Page 3-9 of the El Segundo General Plan Land Use Element Proposed Land Use Plan The following text on page 3-9 should be revised as shown below "Northwest Quadrant The northwest quadrant of the City has the most varied mix of uses within the City. All of the City's residential units, the Downtown area, the Civic Center, and the older industrial area of Smoky Hollow, are located in this quadrant. The 1992 Plan retains the three residential designations found on the old Plan: single-family, two-family, and multi- family, plus a new designation of P1.,med Residential ' evelepfneH' 540 East Imperial Avenue Specific Plan.' The Plan shows 357.2 acres of single-family, 57.4 acres of two- family, 119.3 acres of multi -family and 5-.; 5.65 acres of planned residential development 540 East Imperial Avenue Specific Plan. This includes the re -designation of Imperial Avenue School, which is no longer used for educational purposes, from Pu eili Piano d Residential Develepment Planned Residential Development to 540 East Imperial Avenue Specific Plan. The total number of dwelling units projected by the Plan is 7674 8,0892. One of the major goals of the 1992 Plan is to preserve the residential neighborhoods." All other text in this section will remain unchanged. 1 The 540 East Imperial Avenue Specific Plan designation was added via General Plan Amendment 10-03. 2 The new total of 8,089 represents the maximum number of units developed under Option 1 of the 540 East Imperial Avenue Specific Plan This number will be lower (7,843 units) if Option 2 is developed with a maximum of 58 units. PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council March 6 2012\Resolution and Attachments\EA-890 CC General Plan Land Use Plan Reso Exhibit D.doc CITY COUNCIL RESOLUTION NO. EXHIBIT E 1992 General Plan Summaryof Existing Trends Buildout Land Use Category Acres Dwelling Square Footage Units Single -Family Residential 357.2 2,858 - Two -Family Residential 57.4 934 - Planned Residential 5 65 - 540 East Imperial Avenue Specific - 5.65 - 304' - - Plan Multi -Family Residential 119.7 3,389 - Neighborhood Commercial 6.6 85' 89,110 Downtown Commercial 8.8 18, 383,328 General Commercial 37.1 - 1,618,508 Corporate Office 216.6 - 12,539,209 Commercial Center 85.8 - 850,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 232.5 - 13,166,010 Urban Mixed -Use South 70.6 - 3,997,936 124th Street Specific Plan 3.9 1 73,530 Aviation Specific Plan 5.4 - 66,000 Downtown Specific Plan 26.3 2321 1,145,628 Corporate Campus Specific Plan 46.5 - 2,550,000 199 North Continental Boulevard - - - Specific Plan 1.75 - 70,132 Parking 11.8 - - Light Industrial 356.1 - - Heavy Industrial 1001 - 18,529,000 Public Facilities 87.9 - -2 Federal Government 90.6 - - Open Space 78.3 - - Parks 50 - - Street and Railroad R.O.W 442.6 - - Totals 3,494.3 7-, M 57,097,845 3,494.25 8,089 Population Projection 1 17,287 1 Existing construction and recently constructed, renovated commercial centers and legal non -conforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial/residential uses and these buildings are expected to remain for the life of the Plan. 2 The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison Generation Station. These facilities have processing equipment and tanks rather than buildings and are expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown. 3 This number represents the maximum number of dwelline units that can be developed in Option I of the 540 East Imperial Avenue Specific Plan. If Option i is not built, the maximum number of units that can be developed in Option 2 of the 540 East Imperial Avenue Specific Plan is 58 residential dwelline units. CITY COUNCIL RESOLUTION EXHIBIT F IMPERIAL HWY Proposed Change to: City _. -------------------- of Los Angeles _ _ _.. _ _ 540 E Imperial Ave Specific Plan City of El S,ogundu OPEN SPACE E IMPERIAL AVE MULTI -FAMILY MULTI -FAMILY NEIGH COML MULTI -FAMILY I x i SINGLE- FAMILY SINGLE- AAMILY SINGL&FAI.n; v_ 5 / Z r � W SINGLE-FAMILY A MULTI -FAMILY I _J I E WALNUT AVE -- — — INGLE-FAMILY TWO-FAMILY SINGLE- = FAMILY TWO-FAMILY < FQ- SINGLE-F I O O I � I- � 1 C Z TWO-FAMILY E SYCAMORE AVE a 0 100 200 300 MCCARTHY CT Feet SINGLE-FAMILY TWO-FAMILY 540 East Imperial Avenue Proposed General Plan Amendment Land Use Map City of El Segundo CITY COUNCIL RESOLUTION NO. Exhibit "G" CITY COUNCIL ORDINANCE NO. Exhibit "D" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), the El Segundo Unified School District, agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Impact Report for Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision 10-01 for Vesting Tentative Map Nos. 71410 and 71582 ("Project Conditions"). Plannina and Building Safety Department Before building permits are issued, the applicant must submit plans demonstrating substantial compliance with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved, including the site plan, floor plan, elevations, landscaping and materials, must be referred to the Director of Planning and Building Safety to determine whether the Planning Commission should review the proposed modification. 2. Before building permits are issued, the applicant must obtain all the necessary approvals, licenses and permits and pay all the appropriate fees as required by the City. 3. The applicant must comply with all mitigation measures identified in the Final Environmental Impact Report prepared for the Project. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review for the project and is attached as Exhibit "B" to this Resolution. The mitigation measures of the MMRP are incorporated into these conditions of approval by reference. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and the plans for which a building permit is issued. 4. Any changes to the colors and materials of the exterior fagade of the building must be in compliance with the 540 East Imperial Avenue Specific Plan Section 4.2(F) Development Standards and approved to the satisfaction of the Director of Planning and Building Safety. be 5. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the Planning and Building Safety Department and the Parks and Recreation Department for review and approval to demonstrate compliance with the City's Water Conservation regulations and Guidelines for Water Conservation in Landscaping (ESMC §§ 10-2-1, et seq.). The plant materials used in landscaping must be compatible with the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24 published by Sunset Books, Inc., Revised and Updated 2001 edition, which is available for review at the Planning and Building Safety Department. Additionally, the landscaping and irrigation must be completely installed before the City issues a final Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: • Reclaimed water must be used as the water source to irrigate landscaped areas, if feasible. To that end, dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible. • Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). • Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. 6. Selection of drought -tolerant, low-water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10-2-1, et seq. 7. The applicant must provide a sufficient number of bicycle racks to accommodate storing at least 8 bicycles. 8. Employees must be provided current maps, routes and schedules for public transit routes serving the site; telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; ridesharing promotional materials; and bicycle route and facility information. Two kiosks with such information must be provided for Option 1 with one Kiosk located in the senior portion of the project and the WA second kiosk located in the assisted living facility to the satisfaction of the Director of Planning and Building Safety. One kiosk must be provided in Option 2 in the senior housing/multi-family portion of the project site to the satisfaction of the Director of Planning and Building Safety. 9. Trash and recycling enclosures must be provided and shown on the site plan that are sufficiently large enough to store the necessary bins required for the regular collection of commercial solid waste and recyclable materials. The site plan with the location and dimensions of the trash and recycling enclosure and an elevation view of the enclosure must be provided to the Planning and Building Safety Department for review and approval before the City issues building permits. Separate trash and recycling facilities must be provided for each of the three components of Option 1 (senior housing, assisted living and multi -family). Separate trash and recycling enclosures must be provided for the multi -family portion of Option 2. 10. Ground level mechanical equipment, refuse collectors, storage tanks, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with the overall design of the project and any ancillary buildings. 11. Exterior lighting must be designed to minimize off -site glare. 12. The building must be designed to comply with all ESMC standards for the attenuation of interior noise. 13. Before the City issues a Certificate of Occupancy the applicant must provide the Planning and Building Safety Department a status report on the Leadership in Energy and Environmental Design (LEED) certification process that includes the GBCI scorecard. The Director of Planning and Building Safety will determine if the items identified on the scorecard and report, show a good faith effort to obtain LEED certification and warrant release of this condition. Within one month of receiving LEED certification, the applicant must furnish proof of certification to the Planning and Building Safety Department. 14. The applicant agrees to set aside 15% of the total number of units constructed for Option 1. The units must be distributed as follows: 31 % of the total 15% for the extremely low income senior household category; 31 % of the 15% for the very low income senior household category; and 38% of the 15% for the low income senior -3- household category to be split equally between the assisted living and condominium/apartment units. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 15. The applicant agrees to set aside 10% of the total number of units constructed for Option 2. The units must be distributed as follows: 31 % of the total 10% for the extremely low income senior household category; 31 % of the 10% for the very low income senior household category; and 38% of the 10% for the low income senior household category to be split equally between the multi -family condominium/apartment units. Any affordable housing units that are required based on the single-family component of Option 2 may be satisfied by developing the requisite number of units in other components of the project. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 16. The applicant must provide a marketing implementation plan that includes, without limitation, notification to residents of El Segundo regarding the availability of affordable housing in the project, eligibility requirements, application requirements, and access to application materials to the satisfaction of the Director of Planning and Building Safety. 17. A minimum of two building materials must be provided in each component of each project option (Option 1 and Option 2) to the satisfaction of the Director of Planning and Building Safety. 18. The project must meet all design criteria of the Specific Plan to the satisfaction of the Director of Planning and Building Safety. Building Division Conditions 19. Before building permits are issued, the applicant must submit a geotechnical/soils report, along with an associated grading plan that addresses the current code to the Planning and Building Safety Department for review and approval. -4- 20. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Department for review and approval. 21. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Department for review and approval. Before building permits are issued, plans must show conformance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Electrical Code, and 2010 California Energy Code, all as adopted by the ESMC. 22. Before building permits are issued, plans must show compliance with accessibility requirements per the 2010 California Building Code, as adopted by the ESMC. 23. The applicant must provide a complete pool enclosure that encompasses the pool per the 2010 California Building Code, as adopted by the ESMC. 24. The applicant must provide a disabled access lift to access the pool per the 2010 California Building Code, as adopted by the ESMC. 25. At least one stairway must access the roof per the 2010 California Building Code, as adopted by the ESMC. 26. The Applicant must execute a restrictive covenant, in a form approved by the City Attorney, subjecting development of the real property affected by the Project to the air easements imposed by the final judgment in Los Angeles Unified School District v. City of Los Angeles, et al., LASC Case No. 965,067 filed January 7, 1980 and recorded as Document No. 80-55139 with the Los Angeles County Recorder's Office. Fire Department Conditions 27. The project must comply with all applicable requirements in the 2010 California Building and Fire Codes, and the 2009 International Fire Code as adopted by the ESMC and El Segundo Fire Department regulations. 28. Construction of any cafeteria or kitchen facilities in the assisted living facility must include installation of a grease interceptor capable of removing fats, oils, and grease from the kitchen waste stream. If the Los Angeles County Health Department determines -5- that the food preparation area does not require the installation of grease interceptors, then this condition will not be required. 29. Construction activities must include a storm water pollution prevention plan addressing non -storm water run-off, debris removal, track -out and protection of storm water system. 30. Any diesel -powered generators must be approved by the Fire Department, Environmental Safety Division, and provide for secondary containment, placarding, spill detection and prevention. Underground tanks require additional environmental monitoring requirements. 31. The applicant must provide the Environmental Safety Division of the El Segundo Fire Department an inventory of any and all chemicals used for laundry, pool or house cleaning, emergency generators or other devices. 32. The applicant, or designee, must contact Underground Service Alert before digging or excavating. 33. Any demolition must be screened for asbestos and lead, with proper notifications to South Coast Air Quality Management District (SCAQMD). Public Works Department Conditions 34. All onsite utilities including, without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. Contact Southern California Edison for required service and underground requirements (Mr. John Deng at (310) 783-9305). 35. Before the City issues a Certificate of Occupancy, the applicant must ensure that all curb, gutters, asphalt and concrete pavement and driveway aprons fronting 540 East Imperial Avenue and the property frontage along Walnut Avenue will be replaced as required by the Public Works Department. 36. Before the City issues a Certificate of Occupancy, all damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department. 37. The applicant must secure any required encroachment permits from the Public Works Department before commencing any work in the public right-of-way. 38. The project must comply with the latest National Pollution Discharge Elimination System (NPDES) requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. 39. Before the City issues a building permit, the location and sizes of all proposed water meters must be approved by the City's Water Division. 40. Before the City issues a building permit, the applicant must clean and inspect (via remote TV camera) the project sewer lateral. If found impaired, the applicant is responsible for the replacement of the lateral. 41. A registered civil engineer must provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on -site drainage and mitigate off -site impacts, as follows, subject to review and approval from the Public Works Department: • The design must follow the criteria contained in both the Los Angeles County Department of Public Works Hydrology Manual 2006 and Standard Urban Storm Water Mitigation Plan or most recent editions. Flows must remain in their historical drainage pattern so as not to impact neighboring properties. • New development must not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run-off water to any off - site drainage areas beyond the measured or calculated pre -project rate and velocity. 42. Construction related parking must be provided on -site. 43. All record drawings (as -built drawings) and supporting documentation must be submitted to the Public Works Department before scheduling the project's final inspection. Police Department Conditions 44. Before the City issues a building permit, the applicant must submit a photometric light study to the Police Department for review and approval. A site plan must be provided showing buildings, parking areas, walkways, and the point -by -point photometric calculation of the required light levels. Foot candles must be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. The photometric study must be point -by -point and include the light loss factor (.7). Lighting ' levels must be -7- adjusted to meet the minimum foot candle requirements within each area of the site. All interior or exterior corridors, passageways and pedestrian walkways and open parking lot shall be illuminated at all times with a minimum maintained one foot-candle of light on the walking surface. 45. A schematic plan of the security camera system must be submitted and approved by the El Segundo Police Department before the City issues a building permit, and must be included as a page in the stamped approved set of plans. 46. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 47. Stairways must be illuminated with a minimum maintained one foot- candle of light on all landings and stair treads at all times. 48. Recessed areas of building or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six feet in width and are capable of human concealment, must be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This requirement applies to defined recessed areas which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedge row landscaping a minimum of two feet in height. 49. All types of exterior doors must be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light measured within a five-foot radius on each side of the door at ground level. The light source must be controlled by a photocell device or a time -clock with an astronomic clock feature and capable of operating during a power outage. 50. The addressing, open parking lot and trash dumpster must be illuminated with a maintained minimum of one foot-candle of light on the ground surface during hours of darkness. 51. Street addressing must be a minimum of 6 inches high and must be visible from the street or driving surface, of contrasting color to the background and illuminated during hours of darkness. Addressing must also be shown on plan elevations. 52. All landscaping must be low profile around perimeter fencing, windows, doors and entryways so as not to limit visibility or provide climbing access. Dense bushes cannot be clumped together in a manner that provides easy concealment. 53. Stairwell doors exiting onto the street must have a minimum 100- square inch vision panel, with a minimum five inch width, to provide visibility into the area being entered. Vision panels must meet the requirements of the California Building Code, as adopted by the ESMC. Vision panels must preclude manipulation of the interior locking device from the exterior. 54. Interior stairwell doors must have glazing panels a minimum of five inches wide and 20 inches in height and meet the requirements of the California Building Code, as adopted by the ESMC. Guest rooms must have a deadbolt lock, a secondary security latch and a wide angle (190-200 degree) door viewer, not to be mounted more than 58 inches from the bottom of the door. 55. Exterior mounted ladders are prohibited except: (1) ladders with a minimum 1/8 inch thick steel plate, securely attached to the ladders edge on each side, and extending to within two inches of the wall for a height of ten feet above ground level. A door and cover musl be securely attached to the front of the ladder, and be constructed of minimum 1/8-inch steel, extending from ground level to at leasl ten feet high. The ladder must have non -removable hinge pins and be locked securely against the side wall by a locking mechanism with a minimum five pin tumbler operation; or (2) the bottom of the ladder must begin ten feet above the ground surface. 56. All pool entrances must be posted with "No Trespassing" signs. 57. Any pool restroom and shower doors must have access control as reviewed and approved by the El Segundo Police Department. 58. Exterior gates leading to the pool must be secured by electronic access control. 59. When a specific project option is selected, the ESPD may require the applicant to comply with more specific requirements as they pertain to: doors/hardware, windows, mailboxes, lighting, landscaping, addressing, stairwells, trash dumpsters, parking, other possible requirements they may pertain to a specific assisted living facility layout (access controls). M Construction Conditions 60. Before any construction occurs the perimeter of the property must be fenced with a minimum 6-foot high fence. The fence must be covered with a material approved by the Planning and Building Safety Department to prevent dust from leaving the site. 61. Public sidewalks must remain open at all times. 62. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 63. NOx emissions during construction must be reduced by limiting the operation of heavy-duty construction equipment to no more than 5 pieces of equipment at any one time. 64. Staging of construction vehicles and vehicle entry and egress to the site must be approved by the Public Works Department. Temporary construction driveways must be approved by the Public Works Department. Temporary construction driveways must be removed before the City issues a certificate of occupancy. 65. Construction vehicles cannot use any route except the City's designated Truck Routes. 66. The applicant must develop and implement a construction management plan, as approved by the Public Works Department, which includes the following measures recommended by the SCAQMD: • Configure construction parking to minimize traffic interference. • Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). • Re-route construction trucks away from congested streets. • Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize dust emissions. • Suspend use of all construction equipment during second stage smog alerts. Contact SCAQMD at (800) 242-4022 for daily forecasts. • Use electricity from temporary power poles rather than temporary diesel or gasoline -powered generators. -10- • Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. • Catalytic converters must be installed, if feasible. • Equipment must be equipped with two -to -four -degree engine time retard or pre -combustion chamber engines. • Use methanol or natural gas powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. • Use propane or butane powered on -site mobile equipment instead of gasoline if readily available at competitive prices. 67. During construction and operations, all waste must be disposed in accordance with all applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 68. All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all applicable laws and regulations to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. 69. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 70. The project must comply with ESMC Chapter 5-4, which establishes storm water and urban pollution controls. 71. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 72. Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been implemented to reduce pollutant loadings identified in the Storm Water Prevention Plan. 73. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 74. Storm drain system must be safeguarded at all times during construction. 75. All diesel equipment must be operated with closed engine doors and must be equipped with factory -recommended mufflers. Me 76. Electrical power must be used to run air compressors and similar power tools. 77. The applicant must provide a telephone number for local residents to call to submit complaints associated with the construction noise. The number must be posted on the project site and must be easily viewed from adjacent public areas. 78. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 79. As stated in ESMC Chapter 7-2, construction related noise is restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday. Impact Fee Conditions 80. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time library services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 81. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time fire services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 82. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time police services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 83. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time park services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. -12- 84. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12-3). 85. Pursuant to ESMC §§ 15-27A-1, et seq., and before the City issues a certificate of occupancy, the applicant must pay a one time traffic mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4443. 86. Before building permits are issued, the applicant must pay the required School Fees. This condition does not limit the applicant's ability to appeal or protest the payment of these fees to the school districts(s). Miscellaneous 87. The vesting tentative maps (VTM No. 71410 and VTM No. 71582) will expire pursuant to Government Code § 66452.6 and ESMC § 14-1-12. Only one VTM may be recorded. 88. The El Segundo Unified School District, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 890, General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision No. 10-01. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 890, the El Segundo Unified School District., agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. -13- By signing this document, Geoff Yantz on behalf of the El Segundo Unified School District., certifies that he read, understands, and agrees to the Project Conditions listed in this document. Geoff Yantz, Superintendent El Segundo Unified School District PAPlanning & Building Safety\Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council Mar2012\EA- 890.CC.conditions of approval.03.06.12.doc -14- EXHIBIT 2 ORDINANCE NO. AN ORDINANCE APPROVING ZONE CHANGE NO. 10-01; ZONE TEXT AMENDMENT NO. 10-06; SPECIFIC PLAN NO. 10- 03; AND DEVELOPMENT AGREEMENT NO. 10-02; ADDING ESMC § 15-3-2(A)(7) AND AMENDING ESMC §§ 15-3-1 AND 15- 3-2(A); APPROVING SUBDIVISION NO. 10-01 (VESTING TENTATIVE MAP NOS. 71410 AND NO. 71582) FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT AT 540 EAST IMPERIAL AVENUE. The City Council of the City of El Segundo does ordain as follows: SECTION 1 : The City Council finds and declares that: A. On September 9, 2010, Mar Ventures, Inc., filed an application on behalf of the El Segundo Unified School District, for an Environmental Assessment (EA No. 890); General Plan Amendment No. 10-03; Zone Change No. 10-01; Zone Text Amendment No. 10-06; Specific Plan No. 10-03; Development Agreement No. 10-02; and Subdivision No. 10-01 for Vesting Tentative Map (VTM) Nos. 71410 (7 lots) and 71582 (31 lots) to re- designate and rezone a 5.65 acre property at 540 East Imperial Avenue from Planned Residential Development (PRD) Zone to 540 East Imperial Avenue Specific Plan (EIASP) to allow construction of one of two possible options (a 304-unit senior housing community development with a multi -family component (Option 1) or a 58-unit mixed residential development of single-family and multiple -family uses (Option 2) (collectively, the "Project"); B. The Project application was reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ("ESMC"); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Initial Study was prepared pursuant to the requirements of CEQA. The Initial Study demonstrated that the project could cause significant environmental impacts. Accordingly, a Draft Environmental Impact Report ("DEIR") was prepared and circulated for public review and comment between November 3, 2011 and December 19, 2011 in compliance with CEQA Guidelines § 15087; E. An Environmental Impact Report (EIR) was prepared pursuant to CEQA Guidelines § 15161; F. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 26, 2012. Following the January 26th public hearing, the Planning Commission adopted Resolution No. 2714 recommending that the City Council approve the Project including, without, limitation, adopting this Ordinance; The 540 East Imperial Avenue Specific Plan was considered by the Airport Land Use Commission ("ALUC") at its hearing on February 22, 2012. ALUC adopted a Resolution finding the 540 East Imperial Avenue Specific Plan consistent with the Airport Land Use Plan. ALUC expressed its preference that the applicant utilize Option 1 for developing the Project site and also requested that the City provide notice to successor landowners regarding the Project site's proximity to the airport; the air easement affecting the property; and that these factors may affect any successor's property interests. G. On March 6, 2012 the City Council held a public hearing and considered the information provided by City staff, public testimony and representatives of Mar Ventures, Inc. and the El Segundo Unified School District; H. On March 6, 2012 City Council introduced Ordinance No. approving Zone Change No. 10-01, Zone Text Amendment No. 10- 06, Development Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) for the 540 East Imperial Avenue Specific Plan; This Ordinance and its findings are made based upon testimony and evidence presented to the Council at its March 6, 2012 hearing including, without limitation, the staff report submitted by the Department of Planning and Building Safety. SECTION 2: Environmental Assessment. Resolution No. adopted a Final Environmental Impact Report (FEIR) and a Statement of Overriding Considerations (SOC) for this Project which, among other things, properly assesses the environmental impact of this Ordinance, and K the Project, in accordance with CEQA. This Ordinance incorporates by reference the environmental findings and analysis set forth in Resolution No. SECTION 3: Factual Findings and Conclusions. The City Council finds and declares that the factual findings and conclusions set forth in Resolution No. , adopted on March 6, 2012, are incorporated as if fully set forth. SECTION 4: Zone Change Findings. A. Based on the factual findings in Resolution No. , as incorporated into this Ordinance, the proposed Zone Change is necessary to carry out the proposed project because the proposed General Plan Amendment would change the land use classification of the project site from Planned Residential Development (PRD) to 540 East Imperial Avenue Specific Plan (EIASP). The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land use designation of 540 East Imperial Avenue 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 proposed change in General Plan land use designation to 540 East Imperial Avenue Specific Plan and is also consistent with the General Plan goals, objectives and policies set forth in Section 4 of Resolution No. Those findings of consistency are incorporated by reference as if fully set forth below. SECTION 5: Zone Text Amendment Findings. A. Based on the factual findings in Resolution No. , as incorporated into this Ordinance, the proposed Zone Text Amendment is necessary to implement the Project and establish the proposed 540 East Imperial Avenue Specific Plan (EIASP) Zone. An amendment to ESMC § 15-3-1 to delete the Planned Residential (PRD) Zone and to list the 540 East Imperial Avenue Specific Plan (EIASP) Zone as a zoning classification within the City is necessary for consistency with the General Plan. An amendment to ESMC § 15-3-2(A)(7) to create the 540 East Imperial Avenue Specific Plan (EIASP) is necessary for consistency with the General Plan. Additionally, an amendment to delete ESMC § 15-4D-1 to delete the Planned Residential Development (PRD) Zone development standards in its entirety is necessary for consistency with the General Plan. 3 SECTION 6: Specific Plan Findings. A. Based on the factual findings in Resolution No. , as incorporated into this Ordinance, the proposed creation of the 540 East Imperial Avenue Specific Plan (EIASP), which would allow an assisted living/senior housing development on the project site, is necessary to carry out the proposed project. Without amending the ESMC, the current zoning would not permit a senior housing use with a 0.75 Floor Area Ratio (FAR). An amendment to ESMC § 15- 3-2(A) to create the 540 East Imperial Avenue Specific Plan (EIASP) is necessary for consistency with the General Plan. Additionally, an amendment to ESMC § 15-3-1 to list the 540 East Imperial Avenue Specific Plan (EIASP) Zone as a zoning classification with the' City is necessary for consistency with the General Plan. The General Plan Land Use Designation of the project site is 540 East Imperial Avenue Specific Plan (EIASP). This designation is intended for senior housing consisting of apartments or condominiums, senior housing consisting of assisted and/or independent living units, single-family and/or multi -family housing units consisting of market rate apartments or condominiums. As conditioned, the proposed project Option 1 or Option 2 would be compatible with the General Plan. SECTION 7: 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 (ten-year entitlement with a five year option): 1. Development of a property that is currently vacant and underutilized. 2. Increase in employment opportunities for the City's residents. 3. Increasing housing, in particular much needed senior housing for area residents. 4. Providing an option for an assisted living facility to meet community need. 5. Development of a project that is consistent with the Elements of the General Plan. M 6. Development of a Leadership in Energy and Environmental Design (LEED) Certified building. 7. Developing a property that includes affordable housing for the community with a 15 percent housing set aside for low, very low, and extremely low income qualified senior households for Option 1 and a 10 percent set aside for Option 2. 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 will not adversely affect the orderly development of property or the preservation of property values. This project is surrounded by previously developed neighborhoods and will help improve the value of the neighboring properties. The proposed 540 East Imperial Avenue 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 8: Subdivision Findings. A. The proposed map is consistent with applicable general and specific plans as specified in Government Code § 65451. As set forth in Section 4 of Resolution No. , as incorporated by this Ordinance, the Project meets the goals and objectives of the General Plan and it is consistent with the 540 East Imperial Avenue Specific Plan. Vesting Tentative Map (VTM) No.71410 for project Option 1 proposes seven new lots and VTM No. 71582 for project Option 2 proposes 31 new lots. The proposed lots vary in size and meet the minimum lot sizes stated in the 540 East Imperial Avenue Specific Plan. B. The design of the proposed subdivision is consistent with applicable general and specific plans. As set forth in Section 4 of Resolution No. , as incorporated by this Ordinance, this project meets the goals and objectives of the General Plan. C. The site is physically suitable for the proposed type of development in that, after the proposed grading, the areas outside the required setbacks on each individual lot will be relatively flat. The proposed 5 lots meet the size and dimension requirements to allow the subdivision of the existing parcel. The previous land use and zoning designation for the property was Planned Residential Development. The new 540 East Imperial Avenue Specific Plan continues the residential use at a mix that is more in line with the surrounding single-family and multi -family residential uses. D. The site is physically suitable for the proposed density of development. The proposed project involves a subdivision of a 5.65 acre parcel into either a 7 lot subdivision (Option 1), or a 31 lot subdivision (Option 2). The proposed maximum density (53 DU/acre) is consistent with the 540 East Imperial Avenue Specific Plan. Each new lot will meet or exceed the minimum size and dimension requirements. E. The design of the subdivision or the proposed improvements is unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site is a former elementary school located in an urbanized area surrounded by existing single-family and multi -family residences. There are no fish or wildlife habitats on the site that could be damaged by the proposed subdivision or new development. F. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed subdivision is not anticipated to conflict with any known easements located at, or near the property. No easements have been identified on the subject site. SECTION 9: ESMC § 15-3-2(A) is amended to add subsection 7 to read as follows: 7. 540 East Imperial Avenue Specific Plan There is one zone intended to be used within the boundaries of the 540 East Imperial Avenue Specific Plan. The zone is: EIASP -East Imperial Avenue Specific Plan" SECTION 10: The current Zoning Map is amended by changing the Project site from Planned Residential Development to "540 East Imperial Avenue Specific Plan." The corresponding changes to the Zoning Map are set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference. 11 SECTION 11: The "540 East Imperial Avenue Specific Plan" is adopted as set forth in attached Exhibit "B," which is incorporated into this Ordinance by reference. SECTION 12: The Development Agreement by and between the City of El Segundo and the El Segundo Unified School District, 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. SECTION 13: Additional Approvals. To the extent they are not otherwise adopted or approved by this Ordinance, and subject to the conditions listed on attached Exhibit "D," which are incorporated into this Ordinance by reference, the City Council approves Zone Change No. 10-01, Zone Text Amendment No. 10- 06, Specific Plan No. 10-03, Development Agreement No. 10-02, and Subdivision No. 10-01. SECTION 14: 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. SECTION 15: 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 16: 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 17: Effectiveness of ESMC. Repeal or amendment of any provision of the ESMC will 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. 7 SECTION 18: Memorailzation: 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 it to be published or posted in accordance with California law. SECTION 19: 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. 0 SECTION 20: Effective Date. This Ordinance will become effective on the thirty- first (31 st) day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of March 2012. Eric Bush, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of March 2012, 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 day of March 2012, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk M APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council March 6 2012\EA- 890.CC.Ordinance.03.06.12.doc �.i I CITY COUNCIL ORDINANCE EXHIBIT A lit City of Los Ar city pt EI tint R-3 R-1 R-1 IMPERIAL HWY E WALNUT AVE R-2 r-R-T1 R-2 E SYCAMORE AVE -0 100 200 300—i R-11 R-2 Feet R-2 z z w a R-1 540 East Imperial Avenue Proposed Zone Change City of El Segundo Zoning Map R-3 r r rn R1 O _ I i MCCARTHY CT CITY COUNCIL Ordinance Exhibit B 540 East Imperial Avenue Specific Plan RESIDENTIAL Some 0oogle EwMNO. baaeMaP,2011•Akl". 11911 January 2012 LAXAIRPORT - DOG PARK/ 'ORV iMPERIALTREE MORTUARY ROW 1,10 RESIDENTIAL RESIDENTIAL Project Boundary JI ___ 540 EAST IMPERIAL AVENUE SPECIFIC PLAN e I. RESIDENTIAL Aft SPECIFIC PLAN No. 10-03 EL SEGUNDO, CALIFORNIA APPLICANT EL SEGUNDO UNIFIED SCHOOL DISTRICT LAA AIRPORT DOG PARK! IMPERIALTREE _ MORTUARY ROW -' RESIDENTIAL RESIDENTIAL RESIDENTIAL O _ Project Boundary Figure 3-2 Project Site and Surrounding Land Use ATVJ NS PREPARED BY LISA KRANITZ, ESQ, WALLIN, KRESS, REISMAN & KRANITZ, LLP KIMBERLY CHRISTENSEN, AICP, PLANNING MANAGER, CITY OF EL SEGUNDO TRAYCI NELSON, SENIOR CONTRACT PLANNER, CITY OF EL SEGUNDO JANUARY, 2012 non FAST ImPFRIAI AyPNI PI AN PRO IECIT TABLE OF CONTENTS SECTION PAGE 1.0 SUMMARY.......................................................................................................................1 1.1 PURPOSE AND AUTHORITY...............................................................................................1 1.2 PROJECT GOALS.............................................................................................................3 1.3 PROJECT LOCATION AND ADJACENT LAND USES..............................................................3 1.4 PROJECT SITE HISTORY...................................................................................................4 1.5 EXISTING SITE.................................................................................................................4 1.6 CEQA COMPLIANCE.........................................................................................................4 1.7 PROJECT DESCRIPTION....................................................................................................5 1.8 ENTITLEMENTS................................................................................................................5 2.0 CONSISTENCY WITH GENERAL PLAN.................................................................................7 2.1 LAND USE ELEMENTS......................................................................................................7 2.2 HOUSING ELEMENT..........................................................................................................8 3.0 PHYSICAL DEVELOPMENT.................................................................................................9 3.1 CIRCULATION..................................................................................................................9 3.2 UTILITIES AND INFRASTRUCTURE......................................................................................9 4.0 LAND USE AND DEVELOPMENT STANDARDS......................................................................11 4.1 DISTRIBUTION AND LOCATION OF LAND USE.....................................................................11 4.2 DEVELOPMENT STANDARDS.............................................................................................14 4.3 MODIFICATIONS...............................................................................................................20 5.0 IMPLEMENTATION AND ADMINISTRATION...........................................................................22 5.1 OVERVIEW.......................................................................................................................22 January 2012 540 East Imperial Avenue Specific Plan Project City Of El Segundo 540 FACT InnPFRw Ayai IF SPF(ier. PI AN, PRO IECT 5.2 APPLICATION FOR SITE PLAN REVIEW CONTENTS.............................................................22 5.3 SITE PLAN REVIEW PROCEDURE.......................................................................................22 5.4 SITE PLAN REVIEW CRITERIA...........................................................................................23 5.5 APPROVAL CRITERIA.......................................................................................................24 5.6 GENERAL ADMINISTRATION..............................................................................................24 5.7 AMENDMENT....................................................................................................................24 EXHIBITS EXHIBIT PAGE 1 PROJECT SITE AND ADJACENT USES................................................................................3 2 SENIOR HOUSING COMMUNITY/MULTI-FAMILY (R-3) OPTION 1..........................................12 3 MIXED RESIDENTIAL UNIT DEVELOPMENT OPTION 2..........................................................13 January 2012 540 East Imperial Avenue Specific Plan Project City Of El Segundo 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 1.0 SUMMARY This Specific Plan was prepared to provide guidance and to allow flexibility when developing a 5.65 acre parcel located on a former El Segundo School District Site at 540 East Imperial Avenue (the "Project Site") consistent with the adjoining uses. Under this Specific Plan, the Project Site can be developed with one of the following conceptual project options a Senior Housing Community with a Multi -Family Residential (R-3) component, or a Mixed Residential Development, as further defined in Section 1.7 "PROJECT DESCRIPTION." Detailed text and exhibits which more fully describe the conceptual options and improvements envisioned for construction are included in this Specific Plan. The Specific Plan will guide the build -out of the Project Site in a manner that is consistent with City and State policies and standards and ensures that the Project is developed in a coordinated manner. 1.1 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 540 East Imperial Avenue Specific Plan provides text and exhibits which describe the proposed land uses and associated guidelines. This Specific Plan has been adopted in accordance with the provisions of Government Code §§ 65450 through 65457 which grant local governments authority to prepare Specific Plans of development for any area regulated by a General Plan. These sections also identify the required contents of a Specific Plan and mandate consistency with the General Plan. According to Government Code § 65450, 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. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC 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 540 East Imperial Avenue Specific Plan provides a means of implementing and detailing 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. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 2 1.2 PROJECT GOALS The goal of this Specific Plan is to develop housing within the City of El Segundo which will help the City achieve its Regional Housing Needs Allocation, including the opportunity to develop much needed senior housing and affordable housing. 1.3 PROJECT LOCATION AND ADJACENT LAND USES Regionally, the Project Site is located in the northwest quadrant of the City of El Segundo, adjacent to the City's northern border along Imperial Avenue. The Project Site is almost one mile east of Sepulveda Boulevard (Highway 1) and the entrance to the Century Freeway (Interstate 105), approximately 2.4 miles east of the San Diego Freeway (Interstate 405), and immediately south of Los Angeles International Airport (LAX). Locally, the Project Site is located on the south side of East Imperial Avenue between Sheldon Avenue and McCarthy Court. Immediately to the west of the Project Site on Imperial Avenue is a mortuary in the Neighborhood Commercial (C-2) Zone; single-family residences abut the remainder of the western boundary of the Project Site. Immediately to the east of the Project Site are R3 lots with multi -family residences; a sump lies about half -way down along the eastern side of the property and single-family residences lie at the southeastern property line. The Project Site borders R-3 with multi -family residences on the southern property line (Exhibit 1). LAX AIRPORT y . `�►�� ett � _ � c L •[ = DOG PARK/ IMPERIAL TREE Mr I„o.. ROW Project'Boundary 0 Exhibit 1 Project Site and Adjacent Land Uses JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 3 1.4 PROJECT SITE HISTORY The 5.65-acre 540 East Imperial Avenue Specific Plan site (project site) comprises six lots and is currently developed with the Imperial Avenue Elementary School. The elementary school was built in 1956. Because of declining enrollment in the El Segundo Unified School District (ESUSD), the school campus was closed in 1975 and in 1979 was declared Surplus Property by ESUSD. In 1984, it was used as an employee training facility for the Hughes Aircraft Company. In 1997, the school campus was re -opened under a lease to the Los Angeles Unified School District (LAUSD) as a special needs school, but was closed again a few years later. In 2007 the ESUSD Board of Education established a 7-11 Surplus Property Committee to determine what should be done with the site. The Committee work developed in three phases: information gathering; public input; and discussion. Based on the Committee's work, in 2009 the District began the process to entitle the site for development, including the option of a senior housing community. In September 2010 the District applied for various land use entitlements that would allow the site to be developed with a Senior Housing Community. In November 2010 the District revised its applications to provide for the option of building either a Senior Housing Community or a Mixed Residential development. Before approving this Specific Plan and other related applications, the General Plan designation and the zoning of the site was Planned Residential Development (PRD) which allowed a maximum of 29 single-family units and 36 multi -family units to be built on the entire 5.65 acre site. The change of both the General Plan and zoning to 540 East Imperial Avenue Specific Plan allows for either option (discussed above) to be developed. 1.5 EXISTING SITE The proposed Project Site is currently developed with eight (8) single -story structures (totaling 22,488 square feet) that served as administrative offices and classrooms. Existing structures at the Project Site extend from the northern to the southern portion of the site, along the eastern property line. Development on the Project Site also includes open space and recreational facilities in the form of playground equipment and an approximately 0.50-acre baseball field on the west-northwest portion of the property. While the school has remained unoccupied, the baseball field is currently utilized for little league baseball on weekends between January and June. Several scattered trees line the western portion of the project site with ground cover near the baseball field. Generally, the project site slopes from a high point at the northwest corner of the site, along East Imperial Avenue, to a low point at the southeast corner of the site along Walnut Avenue. The site is graded into two pads with a 2:1 slope separating them. The overall slope of the site from northwest to southeast is roughly 5 percent. Impervious surfaces on the site consist of asphalt parking areas and building roofs. Pervious surfaces on the proposed project site consist of open space and a ball field. The Specific Plan area will encompass the entire 5.65 acre site. 1.6 CEQA COMPLIANCE In compliance with CEQA an EIR was prepared for this Project. The EIR analyzed two separate Options: a Senior Housing Community consisting of 150 assisted living units and 150 senior JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 4 apartments/townhomes with four townhomes built on the southern portion of the property; and a mixed residential development consisting of 24 single-family homes and 34 multi -family homes. In accordance with Government Code § 65457, any residential development that is developed consistent with this Specific Plan is exempt from further CEQA analysis unless an event specified in Public Resources Code § 21166 occurs as to the Specific Plan. 1.7 PROJECT DESCRIPTION The 540 East Imperial Avenue site will be developed in substantial conformance with one of the Options described below. Senior Housing Community/Multi-Family Residential (R-3) Option (Specific Plan Option 1) The Senior Housing Community/Multi-Family Residential (R-3) Option (Specific Plan Option 1) would consist of the following types of development, with the assisted living and senior residential both restricted to individuals fifty-five (55) years or older: o On 5.32 acres: an assisted living development consisting of dwelling units made up of: assisted and/or independent living units which will provide common facilities such as a common kitchen and dining room, game playing area, library, exercise room, pool and restrooms, as well as individual kitchenettes which at a minimum will include a refrigerator, sink and microwave; and a senior residential development consisting of apartments and/or condominiums. The development would include a maximum of 150 assisted/independent living units and 150 senior apartments/townhomes. o The southern .33 acres of the Project Site which fronts on Walnut Avenue would be developed under Multi -Family Residential (R-3) standards. Four (4) townhomes would be built on the remaining 0.33-acre parcel, located at the southern end of the project site. While the four townhomes are part of the 540 East Imperial Avenue Specific Plan development, they would be re -zoned and developed separately from the larger assisted/independent living complex and senior apartments/townhomes, pursuant to the Multi -Family Residential (R-3) development standards. Mixed Residential Development Option (Specific Plan Option 2) Under the Mixed Residential Development Option (Specific Plan Option 2) the property could be developed with a maximum of twenty-four (24) single-family and thirty-four (34) multi -family units on private streets. The multiple -family units would front East Imperial Avenue on the northern portion of the project site. The single-family residences would be located on the southern portion of the project site. 1.8 ENTITLEMENTS The following entitlements were granted in conjunction with this Specific Plan. • General Plan Amendment changing the land use designation from Planned Residential Development (PRD) to 540 East Imperial Avenue Specific Plan. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN • Zone Text Amendment to: 1) delete the Planned Residential (PRD) Zone from El Segundo Municipal Code ("ESMC") § 15-3-1; 2) add 540 East Imperial Avenue Specific Plan to ESMC § 15-3-1; 3) add a new ESMC § 15-3-2(A)(7) "540 East Imperial Avenue Specific Plan"; and 4) delete ESMC Chapter 15-4D (Planned Residential Development (PRD) in its entirety. • Zone Change to rezone Property from Planned Residential Development (PRD) to 540 East Avenue Imperial Specific Plan. • Development Agreement between the City of El Segundo and the El Segundo Unified School District. • Vesting Tentative Map No. 71410 - dividing the Specific Plan Area into seven (7) new parcels or Vesting Tentative Map No. 71582 dividing the Specific Plan Area into thirty one (31) new parcels. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 6 2.0 CONSISTENCY WITH THE GENERAL PLAN Government Code § 65454 requires that the Specific Plan be consistent with the General Plan. Government Code § 65451 requires a statement of relationship between the Specific Plan and the General Plan. As documented by the EIR, the Specific Plan is consistent with the General Plan. The two elements that are most related to the Project are the Land Use Element and the Housing Element; the consistency with these two elements is discussed below. 2.1 LAND USE ELEMENT The City amended the General Plan designation and zoning of the Project Site to 540 East Imperial Avenue Specific Plan to allow the development options set forth in this Specific Plan of either a Senior Housing Community with a multi -family component or a Mixed Residential development. The Senior Housing Community/Multi-Family Residential (R-3) Option (Option 1) may consist of an Assisted Living development and/or a Senior Residential development. Although the Senior Housing Community would allow the opportunity for more development than the previous zoning, senior housing does not generate significant noise, traffic or other impacts that would be detrimental to neighboring residential uses. Due to the size and slope of the property, the Senior Housing Community would be designed in such a way so as to minimize the visual impacts on the surrounding residential uses. The Specific Plan also provides that the Mixed Development Option (Option 2) will be limited to not more than twenty-four (24) single-family units and not more than thirty-four (34) multi -family units. This is very similar to what was previously allowed and therefore this use remains consistent with the General Plan Land Use Element. Like the previous Planned Residential Development (PRD) zoning on the property, the Specific Plan will allow design flexibility and will continue to provide transitional uses that are consistent with the surrounding residential uses which will help protect one of the City's greatest attributes, its residential area. More specifically, the Specific Plan promotes the following from the Land Use Element of the City's General Plan: • Goal LU3: Proper Distribution of Residential Land Uses — 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 LU3-2 — Preserve and maintain the City's low -medium density residential nature, with low building height profile and character, and minimum development standards. Policy LU3-2.1 - Promote construction of high quality Multi -Family Residential developments with ample open space, leisure and recreational facilities. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 7 Policy 1_11.13-2.2 - Multi -family developments will be located only in appropriate places and evaluated carefully to insure that these developments are not detrimental to the existing single-family character. Policy 1-1.13-2.3 - Appropriate buffers such as walls, landscaping, or open space, shall be provided between residential and non-residential uses. Policy LU3-2.4 - Low density areas shall be preserved and zone changes to higher density shall be carefully investigated for compatibility to existing uses. 2.2 HOUSING ELEMENT The City of El Segundo currently has a larger proportion of seniors than the County of Los Angeles as a whole (12.3% vs. 9.7%).' In 2009, the City adopted the most current version of its Housing Element which recognizes this trend in population growth of the senior community and the need for expanded housing programs for seniors, including assisted living facilities. The Housing Element also recognizes the Project Site as an underutilized site, development of which will help satisfy the City's housing needs. The Specific Plan will allow the opportunity for even more housing of a much needed type to be built than the 65 units previously allowed under the Planned Residential Development (PRD) zoning. More specifically the Specific Plan implements the following goals of the Housing Element (as adopted in 2009): Goal 2: Provide sufficient new, affordable housing opportunities in the City to meet the needs of groups with special requirements, including the needs of lower and moderate - income households. Policy 2.1- Establish and maintain land use controls to accommodate the housing needs of elderly, disabled and other special needs households. • 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. Policy 3.1 — Provide for the construction of 168 new housing units during the 2006-2014 planning period in order to meet the goals of the Regional Housing Needs Assessment (RHNA). Policy 3.3 — Permit vacant and underdeveloped property designated as residential to develop with a diversity of types, prices and tenure. Policy 3.4 — Encourage new housing to be developed within the Smoky Hollow Mixed -Use district, and on the Imperial School site. 1 The reference noted here is taken from the City of El Segundo Housing Element (2009) which defines seniors as age 65 and older. This project will provide senior housing for persons age 55 and older which increases the percentage and the total number of seniors in El Segundo as noted in § 4.2 (Affordability) of this Specific Plan. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 8 3.0 PHYSICAL DEVELOPMENT 3.1 CIRCULATION Senior Housing Community/Multi-Family Residential (R-3) Option (Option 1) In order to reduce traffic impacts along Walnut Avenue, a .33 acre lot on the southerly side of the Project Site will be created for multi -family housing which will be physically separated from the rest of the Project Site. Access to the remaining 5.32 acres, which will house the Senior Housing Community, will be via two driveways on East Imperial Avenue which will provide circulation and emergency access throughout that portion of the Project Site. Mixed Residential Development Option (Option 2) The Mixed Residential Development will provide for the multi -family units to front and take access from East Imperial Avenue and the single-family units to take access from Walnut Avenue which will minimize traffic impacts on the surrounding streets. The circulation system for the single-family homes will be developed so as to be adequate for emergency vehicles. 3.2 UTILITIES AND INFRASTRUCTURE A. Water Service Water service is provided by the City of El Segundo and is currently available within the Specific Plan Area. The site is currently served by connections to an existing 6" diameter main in Walnut Avenue and 10" main in Imperial Avenue. The Project would maintain these connections, add connections as necessary and provide for on -site domestic and fire water services. B. Sewer Service Sewer service within the project area, which is west of Sepulveda Boulevard, is provided by underground sewers maintained by the City of El Segundo. The site is currently served by an 8" sewer running along the easterly property line, which drains to an existing 8" main in Walnut Avenue. The Project would continue to drain to Walnut Avenue. C. Solid Waste Disposal Solid waste disposal is provided to commercial users by a variety of private haulers and to residential users by Consolidated Waste Disposal. The Assisted Living development within the Specific Plan area would contract with a provider. Landfill capacity is adequate for the assumed population and commercial growth within Los Angeles County. The 540 East Imperial Avenue Specific Plan would not exceed any assumptions for either population or commercial growth in the region. D. Gas Service Gas service is provided by Southern California Gas Company. A 2" service line is available in Walnut Avenue. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN E. Electric/Telephone and Cable Service Electric service is provided by Southern California Edison. Telephone service is provided by AT&T, Verizon and Sprint via existing lines in adjacent streets and cable service is provided by Time Warner Cable, Direct TV and Dish Network. F. Fire Suppression The El Segundo Fire Department (ESFD) provides fire protection services and emergency medical service to the City. The Specific Plan area is approximately 1 mile from Station 1 located at 314 Main Street in Downtown El Segundo and approximately 1.8 miles from Fire Station 2 located at 2261 Mariposa Avenue. Water for fire suppression is available from existing water lines via hydrants adjacent to the Project Site. Private hydrants will be installed if required to provide coverage for approved structures. G. Police Services The El Segundo Police Department provides police protection services to the City. The Specific Plan area is approximately 1 mile from the police station located at 348 Main Street. H. Drainage On -site drainage must comply with National Pollution Discharge Elimination System (NPDES) requirements. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 10 4.0 LAND USE AND DEVELOPMENT STANDARDS 4.1 DISTRIBUTION AND LOCATION OF LAND USE SENIOR HOUSING COMMUNITY/MULTI-FAMILY RESIDENTIAL (R-3) OPTION (OPTION 1 Under this option, the southern :33 acre "tail' of the property which fronts on Walnut Avenue will be developed in accordance with the provisions of the R-3 (multi -family) zone and will be physically separated from the remainder of the Project Site. There are two types of housing that will be developed under the Senior Housing Community: Assisted Living and Senior Residential which may be placed on the remaining 5.32 acres in substantial conformance with the approved concept site plan provided that the overall development does not exceed the total square footage and FAR set forth below and meets all of the other Development Standards set forth in Section 4.2. The following graphical depiction provides a concept for the Senior Housing Community with Senior Housing that provides for 150 assisted and/or independent living units on the northern portion of the Project Site and 150 Senior Dwellings on the southern portion of the Project Site. The .33 acre R-3 (multi -family) "tail' piece is also shown (Exhibit 2). This concept may be modified in accordance with the procedures for minor and major modifications set forth in Section 4.3 below. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 11 IMPERIAL AVE. a:• ,a i<e=a a a a�a a' MORTUARY©tli�i���i■ii�l�■��i�1fi 1� I�ai�i! R14�14 � LOT I (2.35 ACRES) AS ISTED CARE SENIOR ' L T ro.zs 'ES I •c•- V - 40-v o ao 60 12o iso Exhibit 2 - Senior Housing Community/Multi-Family (R-3) Option 1 JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 12 MIXED RESIDENTIAL DEVELOPMENT OPTION (OPTION 2) Under this development option, multi -family lots would be created fronting East Imperial Avenue. The remainder of the property to the south would be developed with single-family lots that would be accessed from Walnut Avenue. The following provides a concept of the Mixed Residential Unit Development. This concept may be modified in accordance with the procedures for minor and major modifications set forth in Section 4.3 below. EXIST Moan EXISTI RESIDEr SUILDIf tee: r - aaa D ao 90 120 160 Exhibit 3 - Mixed Residential Unit Development Option 2 JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 13 4.2 DEVELOPMENT STANDARDS Except as otherwise provided, this Specific Plan must be administered pursuant to the ESMC. The development standards set forth herein for both development options are intended to provide flexibility in the development while providing consistency with adjacent uses. Where this Specific Plan does not specifically regulate, development must comply with the ESMC. AFFORDABILITY The City of El Segundo 2009 Housing Element identified a need for affordable housing to provide for a growing senior population. As envisioned in the element, based on that need Option 1 would set aside fifteen (15) percent of the total units as affordable units for extremely low, very low and low income senior households and Option 2 would set aside ten (10) percent of the total units as affordable units. The set aside is characteristic of the 55 and older senior population in the City of El Segundo which (based on the 2000 Census) represents 15.7 percent (2,519) of the total 16,033 population. Based on the Regional Housing Needs Assessment (RHNA), El Segundo is required to provide 168 additional housing units during the current housing cycle (2006-2014). The allocation of the 168 units is broken down into five categories as follows: 22 extremely low income households, 22 very low income households, 27 low income households, 28 moderate income households, and 69 above moderate income households. The City has a total of 43 units that can be credited toward the above moderate income requirements for the current 2006-2014 planning period. The units in this project will be used to meet a portion of the need in the extremely low, very low, and low income household category which represent a proportional total of 31 percent, 31 percent, and 38 percent respectively, of the total RHNA allocation for the lower income categories. These same percentages were applied to the unit totals for this project. Thus, if 304 units are built under Option 1, a total of 46 units would be required as follows: 14 units (31 % of the total 15%) for the extremely low income senior household category; 14 units (31 % of the total 15%) for the very low income senior household category; and 18 units (38% of the total 15%) for the low income senior household category to be split equally between the assisted living and townhome/apartment units. If all 58 units are built under Option 2, a total of 6 units comprised of 2 units in each income category would be required (extremely low — 31 % of the total 10%; very low — 31 % of the total 10%; and low — 38% of the total 10%). Developer must still provide 15% set aside for the total number of units constructed for Option 1 and 10% set aside for the total number of units constructed for Option 2 should fewer units than the maximum allowed be constructed. The units must be distributed in the same percentage ratios as specified above in the low, very low, and extremely low income categories. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. Any affordable housing units that are required based on the single-family component of Option 2 may be satisfied by developing the requisite number of units in other components of the project. The developer must submit an income and verification monitoring plan to the Director of Planning and Building Safety before building permits are issued. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 14 SENIOR HOUSING COMMUNITY/MULTI-FAMILY RESIDENTIAL (R-3) OPTION (OPTION 1 ) The southern .33 acre "tail' of the Project Site will be developed in accordance with the existing provisions of the Multi -Family Residential (R-3) Zone. The remaining 5.32 acres will be developed in accordance with the following: A. Permitted Uses 1. Senior Dwellings consisting of apartments or condominiums. 2. Senior Housing consisting of assisted and/or independent living units. 3. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. B. Permitted Accessory Uses 1. Wireless communication facilities subject to ESMC Chapter 15-19. 2. Any use customarily incidental to a permitted use. 3. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. C. Site Development Standards Lot Coverage/Density The Senior Housing Community development on the 5.32 acre parcel cannot exceed a total of 175,000 square feet combined, with a 0.75 total FAR. The exact mix of housing options is determined through the Site Plan Review application procedure submitted in accordance with the Specific Plan but the development totals cannot exceed the maximum density analyzed in the EIR. 2. Lot Area The minimum lot area is 15,000 gross square feet. 3. Height No building or structure can exceed thirty-five (35) feet in height, with the exceptions of parapets and other auxiliary structures that cannot exceed forty- five (45) feet in height. 4. Setbacks a. Front Yard along East Imperial Avenue: 20-foot minimum. b. Side Yard. 40-foot minimum. C. Rear Yard. 40-foot minimum between the southern side of the Specific Plan area and the R-3 uses to the south. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 15 d. Between Uses: The minimum setback between the Assisted Living on the north and the Senior Residential on the south side of the Specific Plan area is 10 feet to each property line. 5. Lot Frontage Each Lot must have a minimum frontage on a street of 75 feet. 6. Building Area/Floor Area Ratio (FAR) The total net floor area of all buildings cannot exceed the total square footage of the property multiplied by 0.75. 7. Off -Street Parking and Loading Spaces Off-street parking and loading spaces, including parking for employees and visitors must be provided as follows: Senior Dwellings (Market Rate): • 1 space per studio/1 bedroom units • 2 spaces per 2 bedroom units Senior Dwellings (Affordable): • 0.5 space per studio/1 bedroom units • 1 spaces per 2 bedroom units Senior Housing Assisted Living Units (Market Rate): • 1 space per 2 units/2 beds Senior Housing Assisted Living Units (Affordable): • 1 space per 3 units/3 beds D. Design Features Assisted Living facilities will contain the following design features: • Kitchen • Dining Room • Library • Restrooms • Exercise Area • Recreational Facilities consisting of: o Game Playing Area o Pool o Open Space consisting of: landscaped courtyards and other passive recreational areas o Within each individual dwelling unit a kitchenette consisting of a minimum of refrigerator, sink and microwave JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 16 Senior Residential facilities will contain the following design features: • Pool • Community Room • Lobby • Mail Room MIXED RESIDENTIAL DEVELOPMENT OPTION (OPTION 2) A. Permitted Uses 1. Single -Family units and/or multi -family housing units consisting of apartments, townhomes, or condominiums. 2. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. B. Permitted Accessory Uses 1. Any use customarily incidental to a permitted use. 2. Detached accessory buildings and structures, including private garages. 3. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. C. Site Development Standards 1. Density The Mixed Unit Development cannot exceed a maximum of twenty-four (24) single-family units and thirty-four (34) multi -family units. The exact mix and layout of housing is determined through the Site Plan Review application procedure submitted in accordance with the Specific Plan. 2. Lot Area The minimum lot area for single family residential is 5,000 gross square feet. The minimum lot area for multi -family residential is 7,000 gross square feet. 3. Height Single-family residential dwelling units must comply with the existing height standards set forth in ESMC Chapter 15-4A. Multi -family residential dwelling units cannot exceed thirty-five (35) feet in height. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 17 4. Setbacks Setbacks for single-family residential dwelling units, in accordance with ESMC Chapter 15-4A for multi -family residential dwelling units, in accordance with ESMC Chapter 15-413. 5. Lot Frontage Each lot developed with multi -family residential dwellings must have a minimum frontage on a street of 50 feet. Each lot developed with single-family residential dwellings must have a minimum frontage on a street of 50 feet. 6. Building Area/Floor Area Ratio (FAR) The maximum net floor area permitted for single-family residential buildings and multi -family residential building must comply with ESMC Chapters 15-4A and 15- 4C, respectively. 7. Off -Street Parking and Loading Spaces Off-street parking and loading spaces must be provided in accordance with ESMC Chapter 15-15. GENERAL DEVELOPMENT STANDARDS FOR EITHER DEVELOPMENT OPTION A. Landscaping Landscaping must be provided as required by the existing provisions of ESMC Chapters 10-2 and 15-2. B. Walls and Fences All walls and fences must comply with ESMC § 15-2-4, Decorative masonry, open work wrought iron and similar materials are permitted. The use of chain link and razor wire is prohibited. C. Access All development projects must provide adequate access for emergency vehicles. In addition, all development projects must provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights -of -way. D. Signs Signs located in the Specific Plan area must comply with the requirements of ESMC Chapter 15-18. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 18 E. Energy Standards The development must be built to a minimum of LEED Certified standard or such other equivalent standard determined by the Director of Planning and Building Safety. LEED stands for the Leadership in Energy and Environmental Design (LEED) Green Building Rating System developed by the United States Green Building Council (USGBC) and provides a suite of standards for environmentally sustainable construction. F. Design Standards The following minimum design standards must be incorporated in all projects within the Plan area: 1. All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design throughout the 5.32 acre portion of the Project Site, regardless of whether the units are developed at the same time. 2. The buildings must have contrasting accent features that use at least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) and/or two exterior colors. 3. Building materials must be of non -reflective coatings and glazings and windows must use low -reflectivity glass. 4. Plans must be reviewed and approved by the Director of Planning and Building Safety for compliance with these Design Standards. If the Director finds that such plans are non compliant, an applicant may appeal that decision in accordance with the ESMC. G. Phasing The housing on the entire 5.65 acre Project Site may be developed in one or more phases. H. Transportation Demand Management (TDM) Option 1, the Senior Housing Community/Multi-Family Residential (R-3) project, must provide two bulletin boards, display cases or kiosks displaying transportation information located where it is visible to the greatest number of residents and employees (one within the assisted living development and one within the senior residential development). Information in the area must include, without limitation, the following: 1. Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; 3. Ridesharing promotional material supplied by commuter -oriented organizations; JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 19 4. Bicycle route and facility information including regional/local bicycle maps and bicycle safety information; and 5. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, residents and pedestrians at the site. 4.3 MODIFICATIONS The following requirements apply to Option 1 and to Option 2: A. Minor Modifications/Administrative Approvals The Developer may make minor changes to the Project and Project Approvals ("Minor Modifications") without amending this Specific Plan upon the administrative approval of the Director of Planning and Building Safety or designee, provided that such modifications are consistent with the Development Standards, Applicable Rules and Project Approvals. B. Major Modifications Unless such modification is approved in accordance with subsection A above or is a use approved subject to an Administrative Use Permit, any proposed modification to the Project which results in any of the following do not constitute a Minor Modification but constitute a Major Modification and require an amendment to this Specific Plan: 1. Any decrease in the required building setbacks; 2. Any increase in the total developable square footage or FAR of the entire Property for either project option; 3. Any increase in height of buildings or structures on the Property above thirty-five (35) feet with the exception of parapets and other auxiliary structures that cannot exceed forty-five (45) feet in height; 4. Any decrease in the minimum required lot area; 5. Any decrease in the minimum required lot frontage; 6. Any change in use to a use which is not permitted herein; 7. Any deviation from the uses and development standards or limitations set forth in Section 4.1 and Section 4.2 of this Specific Plan, except to the extent these Sections specifically provide for the Council or the Director to approve of such changes; 8. Any material modification to Developer's obligation to provide LEED certification, or such other equivalent standard as determined by the Director of Planning and Building Safety for the Project;.or JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 20 9. Any material -modification that requires modifications to the EIR other than an Addendum. 10. Other than the Major Modifications listed above, all other modifications to the Project are considered "Minor Modifications." JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 21 5.0 IMPLEMENTATION AND ADMINISTRATION 5.1 OVERVIEW In order to develop a project that is in conformance with the uses, density and FAR approved in this Specific Plan, a Site Plan Review ("SPR") application must be filed with the Department of Planning and Building Safety. The plans must be in substantial conformance with the approved conceptual plans. 5.2 APPLICATION FOR SITE PLAN REVIEW - CONTENTS The Site Plan Review Application must be submitted in conformance with applicable City application requirements and must include all information deemed necessary by the Director of Planning and Building Safety to address site plan review criteria. The plans must be in substantial conformance with the approved conceptual plans. 5.3 SITE PLAN REVIEW — PROCEDURE A. The Director of Planning and Building Safety must review an application to ensure there is consistency with the Specific Plan within 30 days after it is submitted. B. CEQA Review, if required, must be conducted within the time frames set forth in the Public Resources Code and the California Code of Regulations. C. The Site Plan Review must be timely scheduled for public hearing before the Planning Commission, which date cannot exceed 30 days after the completion of the public review period of the environmental documentation, if any, or within 30 days from the date the application is deemed complete if no further environmental review is required. The Planning Commission must render its decision in writing, either approving, approving with conditions, or denying the Site Plan Review application, stating the reasons for such action. The decision of the Planning Commission is final unless appealed to the City Council. D. Any aggrieved person may appeal the Planning Commission's decision to the City Council. Such appeal must be filed in writing with the Department of Planning and Building Safety within ten days after the date of the written decision by the Planning Commission. Upon receiving such an appeal and the payment of the appropriate filing fee, the matter must be scheduled for consideration by the City Council not more than 45 days after the date of receipt of the appeal. E. The Site Plan is valid for two years from the date of approval. If construction has not commenced within such time, but the applicant has diligently pursued the project plan review process, the Director of Planning and Building Safety may extend the precise plan of design for up to one additional year. F. Subsequent to the approval of the Site Plan, the Director of Planning and Building Safety may approve minor changes in the Site Plan or the conditions thereof if he finds that there are practical reasons for such changes, that such changes do not substantially vary from the previously approved site plan and applicable City codes and that such changes do not involve deviations from the design's intent. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 22 5.4 SITE PLAN REVIEW CRITERIA The purpose of the Site Plan Review procedure is to ensure that the development provides a cohesive visual identity and coordinated design character for the Specific Plan area of high quality. The overall coordinated design character must be expressed in the site planning, architecture, landscaping, lighting, and signage. The architectural design is to be compatible in character, massing and materials consistent with the conceptual plan depicted in this Plan. The architectural design must provide a residential character that complements the surrounding uses and integrates the residential uses with the neighborhood to ensure that the project does not have the appearance of a suburban subdivision with a single uniform architectural building design. A minimum of two distinct architectural styles and building designs must be used for the single-family uses in Option 2 and two distinct architectural style and building designs must be used for the multi -family uses in.Option 2. The site design should maximize setback distances of buildings and parking spaces from the existing surrounding residential development to the east, west and south to the extent feasible, minimize the reduction of on -street parking in relationship to driveway placement, and distribute the placement of required landscaping throughout parking areas, In approving the Site Plan Review the Planning Commission, or City Council on appeal, must consider the following factors: A. The dimensions, shape and orientation of the parcel; B. The placement of buildings and structures on the parcel; C. The height, setbacks, and bulk of buildings; D. The building materials and design; E. The distance between buildings or structures; F. The location, number and layout of off-street parking and loading spaces; G. The internal traffic patterns and pedestrian safety features; H. The location, distribution, amount and type of landscaping materials and the sustainability of the landscaping material with the El Segundo climate in compliance with the applicable climate zone; I. The placement, height and direction of illumination of light standards; J. The location, number, size and height of signs; K. The location, height and materials of walls, fences or hedges; and L. The location and method of screening refuse and storage areas, roof equipment, pipes, vents, utility equipment and all equipment not contained in the main buildings of the development. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 23 5.5 APPROVAL CRITERIA The Planning Commission, or City Council on appeal, will approve the Site Plan if it finds that the site plan, architecture and landscape design, with conditions if necessary are consistent with the Project Description and development standards set forth herein. 5.6 GENERAL ADMINISTRATION 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. A. The Director of Planning and Building Safety may grant administrative use permits in accordance with ESMC Chapter 15-22. B. The Director of Planning and Building Safety may make other administrative determinations using the same procedures set forth in ESMC Chapter 15-22. C. The Director of Planning and Building Safety may grant adjustments and administrative adjustments in accordance with ESMC Chapter 15-24. 5.7 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 plan may be amended as necessary by ordinance. Said amendment or amendments do not require a concurrent General Plan amendment unless the Director of Planning and Building Safety determines that the proposed amendment would substantially affect General Plan goals, policies, objectives or programs. JANUARY 2012 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 24 540 East Imperial Avenue Specific Plan CITY COUNCIL ORDINANCE EXHIBIT C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF EL SEGUNDO 350 Main Street EXEMPT FROM RECORDER'S FEES El Segundo, California 90245 Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND EL SEGUNDO UNIFIED SCHOOL DISTRICT (540 E. IMPERIAL AVENUE SITE) 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 Pa,e 1. Definitions..................................................................................................................................1 2. Recitals.......................................................................................................................................3 3. Binding Effect............................................................................................................................4 3.1 Constructive Notice and Acceptance...................................................................................4 3.2 Rights to Transfer................................................................................................................4 3.3 Liabilities Upon Transfer.....................................................................................................4 3.4 Reassumption of Rights..... 4. Development of the Property.....................................................................................................5 4.1 Entitlement to Develop........................................................................................................5 4.2 Permitted Uses, Density, Height and Dedication of Land for Public Purposes...................5 4.3 Development Standards.......................................................................................................5 4.4 Building Regulations...........................................................................................................5 4.5 Subsequent Rules.................................................................................................................5 4.6 Future Approvals........................................................................................5 4.6.1 Minor Modifications to Project................................................................5 4.6.2 Modification of Project Approvals...........................................................6 4.6.3 Modifications Requiring Amendment to This Agreement................................6 4.6.4 Site Plan Review Approval....................................................................7 4.7 Plan Review.........................................................................................................................7 4.8 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications ............7 4.9 Use of Easements.................................................................................................................7 4.1OTiming of Development......................................................................................................7 4.11Moratorium.........................................................................................................................8 4.121nfrastructure.......................................................................................................................8 4.12.1 Infrastructure Capacity........................................................................8 4.12.2 Phasing Flexibility............................................................................8 4.12.3 Infrastructure Completion....................................................................8 4.12.4 Prevailing Wages..............................................................................9 4.13Term....................................................................................................................................9 4.14Satisfaction of Mitigation Measures and Conditions..........................................................9 4.15In Lieu Credits....................................................................................................................9 4.16Performance of Director Duties..........................................................................................9 5. Developer Agreements...............................................................................................................9 5.1 General.................................................................................................................................9 5.2 Development Fees..............................................................................................................10 5.3 Affordable Housing...................................................................................10 5.4 Processing Fees..................................................................................................................10 5.5 Maintenance Obligations...................................................................................................10 5.6 Term of Map(s) and Other Project Approvals...................................................................10 5.7 Sales and Use Tax..............................................................................................................10 5.8 LEED Certification...................................................................................11 6. City Agreements......................................................................................................................11 6.1 Expedited Processing.........................................................................................................11 6.2 Processing Cooperation and Assistance.............................................................................11 6.3 Processing During Third Party Litigation..........................................................................11 7. Modification/Suspension.........................................................................................................12 8. Demonstration of Good Faith Compliance..............................................................................12 8.1 Review of Compliance................................................................................12 11 8.2 Good Faith Compliance..............................................................................12 8.3 Information to be Provided to Developer..........................................................12 8.4 Developer's Report ........................................................................................12 8.5 Notice Of Non -Compliance; Cure Rights..........................................................12 8.6 Public Notice of Finding.............................................................................12 8.7 Failure of Periodic Review..........................................................................13 9. Excusable Delays.....................................................................................................................13 10. Default Provisions....................................................................................................................13 10.1 D of ault...............................................................................................................................13 10.2Content of Notice of Violation.........................................................................................14 10.3Remedies for Breach.........................................................................................................14 10.4 Resolution of Disputes..............................................................................14 10.5 Attorneys Fees and Costs...........................................................................14 11. Mortgagee Protection...............................................................................................................14 11.1Mortgage Not Rendered Invalid.......................................................................................14 11.2Request for Notice to Mortgagee......................................................................................15 11.3Mortgagee's Time to Cure................................................................................................15 11.4Cure Rights.......................................................................................................................15 11.5B ankruptcy........................................................................................................................15 11. 6Dis affirmation ...................................................................................................................15 12. Estoppel Certificate..................................................................................................................15 13. Administration of Agreement..................................................................................................16 13. lAppeal of Determinations.................................................................................................16 13.2Operating Memoranda......................................................................................................16 13.3Certificate of Performance................................................................................................16 ff 14. Amendment or Termination by Mutual Consent.....................................................................17 15. Indemnification/Defense..........................................................................................................17 15. 1 Indemnification .................................................................................................................17 15.2Defense of Agreement......................................................................................................17 16. Time of Essence.......................................................................................................................17 17. Effective Date.............................................................................................17 18. Notices.....................................................................................................................................17 19. Entire Agreement.....................................................................................................................18 20. Waiver......................................................................................................................................18 21. Severability..............................................................................................................................18 22. Relationship of the Parties.......................................................................................................18 23. No Third Party Beneficiaries...................................................................................................19 24. Recordation of Agreement and Amendments..........................................................................19 25. Cooperation Between City and Developer..............................................................................19 26. Rules of Construction..............................................................................................................19 27. Joint Preparation......................................................................................................................19 28. Governing Law and Venue......................................................................................................19 29. Counterparts.............................................................................................................................19 30. Weekend/Holiday Dates..........................................................................................................19 31. Not a Public Dedication...........................................................................................................19 32. Releases...................................................................................................20 33. Consent....................................................................................................20 34. Exhibits............. 20 iv DEVELOPMENT AGREEMENT This Development Agreement is made and entered into by and between the CITY OF EL SEGUNDO ("City"), a municipal corporation and the EL SEGUNDO UNIFIED SCHOOL DISTRICT ("District" or "Developer"), as of this day of , 2012. 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. For the purposes of this Development Agreement, the following definitions shall apply: "Agreement" means this Development Agreement between the City and the Developer. "Applicable Rules" means: • The General Plan, as it existed on the Effective Date, as modified by the Project Approvals; • The El Segundo Municipal Code, as it existed on the Effective Date, as modified by the Project Approvals; • The 540 East Imperial Avenue Specific Plan as approved; • 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. "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 have been approved by City in accordance with the Development Standards, Applicable Rules and Project Approvals. "Assisted Living Development" means assisted and/or independent living units restricted to individuals fifty-five (55) years of age or older and which will provide common facilities, such as a common kitchen and dining room, game playing area, library, exercise room, pool and restrooms, as well as a minimum of individual kitchenettes in each dwelling unit as defined by ESMC § 15-1-6, consisting of a sink, microwave and refrigerator. "Building Regulations" means those regulations set forth in Title 13 of the City's Municipal Code. "City" means the City of El Segundo and every successor in interest thereto. "City Council" means the City Council of the City of El Segundo. 1 "Developer" means the El Segundo Unified School District and every successor in interest thereto. "Development Standards" means the design and development standards that are applicable to the Project. "Director" means the Director of Planning and Building Safety of the City of El Segundo. "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. The Project Approvals are included with these terms. "District" means the El Segundo Unified School District. "Effective Date" means the date on which the Enabling Ordinance becomes effective in accordance with Government Code § 36937. "Enabling Ordinance" means Ordinance No. , approving this Development Agreement. "Future Approvals" means such other 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 Developer and approved by City. "Minor Modification" means a minor change to the Project or Project Approvals that is consistent with the Development Standards, Applicable Rules and Project Approvals. "Major Modification" means a major change to the Project or Project Approvals as defined in Section 4.6.3 of this Agreement. "Project" means either the Senior Housing Community consisting of an Assisted Living Development and/or a Senior Residential Development, or the Mixed Residential Development whichever the Developer decides to construct. "Project Approvals" means: • Final Environmental Impact Report No. EA-890 (or Mitigated Negative Declaration No.), as approved by Resolution No. ; • Mitigation Monitoring Program for Final Environmental Impact Report No. EA- 890, as approved by Resolution No. ; • General Plan Amendment No. 10-03, as approved by Resolution No. ; • 540 East Imperial Avenue Specific Plan (SP No. 10-03, as approved by Ordinance No. ; 2 • Zone Change No. (10-01), as approved by Ordinance No. ; • Zone Text Amendment No. (10-06), as approved by Ordinance No. ; • Vesting Tentative Map No.71410 for 7 new parcels or Vesting Tentative Map No 71582 for 31 new parcels (SUB No. 10-01), as approved by Resolution No. ; and • Development Agreement No. (10-02), as approved by Ordinance No. . "Person" means a natural person or any entity. "Property" means that 5.65 acre property located at 540 East Imperial Avenue in El Segundo, California more particularly described in attached Exhibit "A," which is incorporated by reference. "Senior Residential Development" means apartments and/or condominium restricted to individuals fifty-five (55) years of age or older. "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 be applicable to the Property. "Transferee" means a Person which assumes 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., 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 is the owner of the Property. 2.3 Developer desires to develop the Property in accordance with the 540 East Imperial Avenue Specific Plan. 2.4 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and Applicable Rules. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 2.5 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and Applicable Rules. In consideration thereof, Developer agrees to waive its rights to challenge legally the restrictions and obligations set forth in this Agreement. 3 2.6 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable. 2.7 This Agreement is intended to provide flexible entitlements, within the parameters set forth herein and subject to the terms and conditions hereof, to meet the changing market demands that are likely to occur throughout the life of this Agreement. 2.8 The Project uses are consistent with the City's General Plan, as amended through General Plan Amendment No. 10-03. 2.9 Development of the Project will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others, the provision of needed affordable housing and senior housing within the corporate limits of the City at a location that is designated in the City's Housing Element for residential development as specified in Section 5.3 below. 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, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. 3.1 Constructive Notice and Acceptance. Every Person who acquires any right, title or interest in or to any portion of the Property in which Developer has a legal interest is 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 Rights to Transfer. Developer may assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any Transferee at any time during the term of this Agreement without approval of City, including through provision of a long-term ground lease. For purposes of this Agreement, the Transferee is considered the "owner" of that portion of the Property which is covered by such transfer. 3.3 Liabilities Upon 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 City prior or subsequent written notice of such transfer; and (ii) 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 attached Exhibit `B." Upon any transfer of any portion of the Property and the express assumption of Developer's obligations under this Agreement by such Transferee, City agrees to look solely to 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 is entitled to the benefits of this Agreement as "Developer" and is subject to the obligations of this Agreement applicable to the parcel(s) transferred. A default by any Transferee only affects that portion of the Property owned by such 4 Transferee and does not cancel or diminish in any way Developer's rights with respect to any portion of the Property not owned by such Transferee. Transferees are responsible for satisfying the good faith compliance requirements set forth in Section 8 below relating to the portion of the Property owned by a Transferee, and any amendment to this Agreement between the City and a Transferee only affects the portion of the Property owned by such Transferee. 3.4 ReassumRtion of Rights. If Transferee defaults with respect to any provision of this Agreement, Developer may reassume Transferee's obligations upon written notification to City. 4. Development of the Property. The following provisions govern the development and use of the Property. 4.1 Entitlement to Develop. Developer is granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and any Future Approvals. 4.2 Permitted Uses Density Height and Dedication of Land for Public Purposes. The permitted and conditionally permitted uses of the Property as well as the density or intensity of use, the maximum height and size of buildings and provisions for reservation or dedication of land for public purposes are set forth in the Project Approvals and Applicable Rules. 4.3 Development Standards. The Development Standards applicable to the Property are set forth in the Project Approvals and Applicable Rules. 4.4 Buildiiia Regulations. Nothing in this Agreement precludes City from applying changes occurring from time to time in the Building Regulations, provided that such changes (a) are found by City to be necessary to the health or safety of the citizens of the City, (b) are generally applicable to all similar types of property in the City, and (c) do not prevent or unreasonably delay development of the Project in accordance with this Agreement. 4.5 Subsequent Rules. Subsequent Rules cannot be applied by City to any part of the Property unless Developer gives City written notice of its election to have such Subsequent Rule applied to the Property, in which case such subsequent change is deemed to be an Applicable Rule. 4.6 Future Approvals. 4.6.1 Minor Modifications to Project. Developer may make minor changes to the Project and Project Approvals ("Minor Modifications") without amending this Agreement upon the administrative approval of the Director or designee, provided that such modifications are consistent with the Development Standards, Applicable Rules and Project Approvals. The City cannot unreasonably withhold or delay approval of any Minor Modification. The City has the right to impose reasonable conditions in connection with Minor Modifications, provided, however, such conditions cannot: (i) be inconsistent with the Applicable Rules, the Project Approvals or with the development of the Project as contemplated by this Agreement; (ii) directly or indirectly, unreasonably hinder, delay, impede, obstruct, interfere with, or place unreasonably burdensome or restrictive measures or requirements upon development of the 5 Project or the Property or any portion thereof; or (iii) impose additional dedications, infrastructure or public improvement obligations, fees, costs or exactions exceeding those identified in the Applicable Rules, the Project Approvals, or this Agreement. 4.6.2 Modification of Project Approvals. The Parties contemplate that Developer may, from time to time, pursuant to Section 4.6.1 seek Minor Modifications to the Project or one or more of the Project Approvals. Any such Minor Modifications are contemplated by the Parties as being within the scope of this Agreement as long as they are authorized pursuant to this Section 4.6.2 and must, upon approval by City, continue to constitute the Project Approvals as referenced herein. The Parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement. 4.6.3 Modifications Re(Juirinp, Amendment to this Agreement. Any proposed modification to the Project which is not authorized by Section 4.6.2 and results in any of the following does not constitute a Minor Modification but constitutes a Major Modification and requires an amendment to this Agreement pursuant to Section 14 below: (a) Any decrease in the required building setbacks as set forth in the 540 East Imperial Avenue Specific Plan; (b) Any increase in the total developable square footage or FAR of the entire Property for either project option; (c) Any increase in height of buildings or structures on the Property above thirty-five (35) feet with the exception of parapets and other auxiliary structures that cannot exceed forty-five (45) feet in height; (d) Any decrease in the minimum required lot area as set forth in the 540 East Imperial Avenue Specific Plan; (e) Any decrease in the minimum required lot frontage as set forth in the 540 East Imperial Avenue Specific Plan; (f) Any change in use to a use which is not permitted under this Agreement; (g) Any deviation from the uses and development standards or limitations set forth in Sections 4.1 through Section 4.3 of this Agreement, except to the extent these Sections specifically provide for the Council or the Director to approve of such changes; (h) Any material modification to Developer's obligation to provide LEED certification for the Project or such equivalent standard as approved by the Director; or (i) Any material modification that requires modification to the EIR, other than an Addendum. 0) Other than the Major Modifications listed above, all other modifications to the Project are considered "Minor Modifications." 6 4.6.4 Site Plan Review Approval. The Site Plan Review which must be submitted pursuant to the Specific Plan is not considered a Minor Modification to the Project or modification to the Project Approvals, provided it substantially conforms to the approved conceptual plans, and shall be processed in accordance with the provisions set forth in the Specific Plan. 4.7 Plan Review. The Director will review plans for each building on the Property for which a Site Plan is approved, as well as plans for signage, trash enclosures and screening and landscaping. After such review, the Director may issue a building permit, provided, however, that, notwithstanding anything to the contrary contained in the Applicable Rules, the sole purpose of such review is to verify consistency with the Development Standards, Applicable Rules and Project Approvals. The Director must approve all features which are consistent with the Development Standards, Applicable Rules, Project Approvals, and Future Approvals and does not have authority to disapprove or conditionally approve any features or matters which are consistent with or otherwise which have been specifically approved by this Agreement. 4.8 Fees Exactions Mitigation Measures, Conditions, Reservations and Dedications. All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Project Approvals, the Applicable Rules and this Agreement. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City can only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a City-wide basis as of the Effective Date. This Section cannot be construed to limit the authority of City to charge normal and customary application, processing, and permit fees 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 City. Developer shall not be required to pay any City development impact fees for any of the affordable units. 4.9 Use of Easements. Notwithstanding the provisions of the Applicable Rules, easements dedicated for vehicular and pedestrian use are permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable, environmental remediation and other utilities and facilities so long as they do not unreasonably interfere with pedestrian and/or vehicular use. 4.10 Timinp, of Development. 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 of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer has 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 term of this Agreement. II 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, applies to the Property. However, nothing in this Section may 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. 4.11 Moratorium. 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 Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of 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 City, or portions of City, applies to the Property to the extent such moratorium or other limitation is in conflict with this Agreement. However, the provisions of this Section do not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court -imposed moratoria or other limitations. 4.12 Infrastructure. 4.12.1 Infrastructure Capacity. Subject to Developer's installation of infrastructure in accordance with the requirements of the Project Approvals and any Future Approvals, City acknowledges that it will have sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City agrees that it will serve the Project and that there is no restriction on hookups or service for the Project except for reasons beyond City's control. 4.12.2 Infrastructure Phasing Flexibility. Notwithstanding the provisions of any phasing requirements in the Project Approvals or any Future Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in this Agreement, Developer and City will collaborate and City will permit any modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed and is in compliance with Section 4.14 of this Agreement. 4.12.3 Infrastructure Completion. No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed by City 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 before 8 completion of construction and all of the other relevant provisions of the Project Approvals and any Future Approvals are satisfied. 4.12.4 Prevailing Wages. In the event any infrastructure improvements are paid for in whole or in part out of public funds, as contemplated by Labor Code § 1720, Developer agrees to pay prevailing wages for the construction of such improvements to the extent required by Applicable Law. 4.13 Term. The term of this Agreement is ten (10) years from the Effective Date. However, Developer or City is entitled to, by written notice to the other Party before 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. Before the expiration of such 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. 4.14 Satisfaction of Mitigation Measures and Conditions. In the event that any of the mitigation measures or conditions required of Developer are implemented by others, Developer is 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, 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 is deemed to be a Minor Modification pursuant to Section 4.6 above. 4.15 In Lieu Credits. Developer shall be granted in lieu credits for any off -site improvements relating to street improvements or traffic measures which Developer may be required to construct as part of this Project. 4.16 Performance of Director Duties. If City determines at any time during the term of this Agreement that the duties to be performed by the Director under this Agreement will be performed by one or more staff members other than the Director, City will endeavor to notify Developer of such change. The City must ensure that a person or persons are designated at all times to carry out the duties of the Planning and Building Safety Director set forth in this Agreement. 5. Developer Agreements 5.1 General. Developer must comply with: (i) this Agreement; (ii) the Project Approvals including, without limitation, all mitigation measures required by the determination made pursuant to CEQA; and (iii) all Future Approvals for which it is the applicant or a successor in interest to the applicant. OJ 5.2 Development Fees. Subject to the provisions of Section 4.8 above, Developer must pay the development fee amounts identified in attached Exhibit "C," which is incorporated by reference. 5.3 Affordable Housing. Developer must provide for a 15% set aside for low (38% of the total 15%), very low (31% of the total 15%) and extremely low (31% of the total 15%) income qualified, senior households for Option 1, and a 10% set aside for low (38% of the total 10%), very low (31% of the total 10%) and extremely low (31% of the total 10%) income qualified households for Option 2 as represented in Exhibit D. Nothing herein requires Developer to build the exact amount of housing, including affordable housing, set forth in Exhibit D. Developer must provide 15% set aside for the total number of units constructed for Option 1 and 10% set aside for the total number of units constructed Option 2 should fewer units than the maximum allowed be constructed. The units must be distributed in the same percentage ratios as specified above in the low, very low and extremely low income categories. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. 5.3.1 If Developer builds a combination of Options 1 and 2, Developer shall provide the 15% set aside for the Option 1 components and a 10% set aside for the Option 2 components. 5.3.2 Affordable housing units that are required based on the single-family dwelling component of Option 2 may be satisfied by developing the requisite number of units in other components of the Project. 5.4 Processing Fees. Subject to the provisions of Section 4.8 above, on the Effective Date of this Agreement, Developer must pay all reasonable and outstanding City processing, legal and environmental processing costs related to the Project and the preparation of this Agreement, if any. 5.5 Maintenance Obligations. ions. Developer must maintain all portions of the Property in its possession or control, and any improvements thereon, in a clean, neat and orderly manner. Developer's maintenance obligations survive any termination or expiration of this Agreement. 5.6 Term of Map(s) and Other Project Approvals. Pursuant to Government Code §§ 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 Approvals will be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 4.13 above. 5.7 Sales and Use Tax. 5.7.1 In the event the contract price for any work on the Project is valued at five million dollars ($5,000,000) 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 must indicate the City as a registered job site location on the State Board of Equalization Tax Return. In such event, Developer must also 10 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 State Board of Equalization Operations Memorandum No. 1023. 5.7.2 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 must contain the provisions set forth in Section 5.7.1 above. 5.7.3 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. 5.8 LEED Certification. Developer's Project must be, at a minimum, LEED Certified in compliance with the U.S. Green Building Council standards in effect as of the Effective Date, or such equivalent standard as determined by the Director. 6. City Agreements 6.1 Expedited Processing The City must process 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 City's accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if requested by Developer, 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 Cooperation and Assistance. To the extent permitted by law, City must reasonably cooperate with 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, City must reasonably cooperate with the Developer in any dealings with federal, state and other local governmental and quasi -governmental entities concerning issues affecting the Property. City must keep Developer fully informed with respect to its communications with such agencies which could impact the development of the Property. 6.3 Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or 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 will not hinder, delay or stop the development, processing or construction of the Project, approval of applications for any Future Approvals, or issuance of ministerial permits or approvals, unless the 11 third party obtains a court order preventing the activity. City shall not stipulate to or cooperate in the issuance of any such order. 7. Modification/Suspension. Pursuant to Government Code § 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 will 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 will be restored to their full original effect. 8. Demonstration of Good Faith Compliance. 8.1 Review of Compliance. In accordance with Government Code § 65865.1, this Section 8 and the Applicable Rules, once each year, on or before each anniversary of the Effective Date ("Periodic Review"), the Director will review the extent of 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 Compliance. During each Periodic Review, Developer must demonstrate that, during the preceding twelve (12) month period, that it has been in good faith compliance with this Agreement. For purposes of this Agreement, the phrase "good faith compliance" means that Developer has demonstrated that it acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with Developer's material obligations under this Agreement. 8.3 Information to be Provided to Developer. At least fourteen (14) days before the annual Effective Date the City must deliver to Developer a copy of all staff 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. 8.4 Developer's Report. No later than the annual Effective Date, Developer shall submit a written status report to the Director addressing the good faith compliance issue and any issues raised by the Information provided to Developer. 8.5 Notice Of Non -Compliance; Cure R k-hts. 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 Developer a written Notice of Violation as set forth in Section 10 below. 8.6 Public Notice of Finding. Any appeal of the Director's determination (including any appeal by Developer) must be filed within twenty (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. Not in limitation of the forgoing, Developer retains the right to challenge City's issuance of any final decision 12 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 Developer with the terms and conditions of this Agreement does not constitute nor can it be asserted by any Party as a breach by any other Party of this Agreement. If the City fails to provide a Review Letter within sixty (60) days of the annual 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 in this Agreement is excused during any period of "Excusable Delay," as 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 means delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) civil commotion; (b) riot; (c) strike, picketing or other labor dispute; (d) shortage of materials or supplies; (e) damage to work in progress or delays by reason of fire, flood, including flood due to rains, earthquake, windstorm, or other casualty; (f) reasonably unforeseeable delay caused by a reasonably unforeseeable restriction imposed or mandated by a governmental entity other than City; (g) litigation brought by a third party attacking the validity of a Project Approval, a Future Approval or any other action necessary for development of the Property; (h) delays caused by any default by the other Party; or (i) delays due to the presence or remediation of hazardous materials. The Term of this Agreement, including any extensions, will automatically be extended by any period of Excusable Delay. 10. Default Provisions. 10.1 Default. Either Party to this Agreement will have breached this 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 is not less than ten (10) days for monetary defaults, and not less than sixty (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 will not be in default if it commences to cure the default within such time limit and diligently effects such cure thereafter. If City determines that a default may have occurred, City may choose to terminate this Agreement in which case it must give written notice to Developer of its intention to terminate and comply with the notice and public hearing requirements of Government Code §§ 65867 and 65868. At the time and place set for the hearing on termination, Developer will be given an opportunity to be heard. If the City Council finds based upon the evidence that Developer is in breach of this Agreement, the City Council may modify or terminate this Agreement; provided, however, if Developer initiates a resolution of dispute in accordance with the provisions of Section 10.4 below within sixty (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. 13 10.2 Content of Notice of Violation. Every Notice of Violation must 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. Notice shall be given in accordance with Section 18 hereof. 10.3 Remedies for Breach. The Parties agree that the remedies for breach of this Agreement are limited to the remedies expressly set forth in this subsection. The remedies for breach of this Agreement by Developer are limited to injunctive relief and/or specific performance; the remedies by City are limited to injunctive relief and/or specific performance, or termination of this Agreement in accordance with Section 10.1 above. 10.4 Resolution of Disputes. City and Developer agree to attempt to settle any claim, dispute or controversy arising from this Agreement through consultation and negotiation in good faith and in a spirit of mutual cooperation. If those attempts fail, the dispute may be mediated by a mediator chosen jointly by City and Developer within thirty (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, and City and 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 Attorneys Fees and Costs. Each party to this Agreement agrees to waive any entitlement of attorneys' fees and costs incurred with respect to any dispute arising from this Agreement. The parties will each bear their own attorneys' fees and costs in the event of any dispute. 11. Mortgagee Protection. This Agreement does not prevent or limit the Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. 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 Developer and representatives of such lender(s) to provide within a reasonable time period City's response to such requested interpretations. 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 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement will defeat, render invalid, diminish, or impair the priority of the lien 14 of any mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee has an obligation or duty under this Agreement to perform Developer's obligations, or to guarantee such performance, before taking title to all or a portion of the Property. 11.2 Request for Notice to Mortgagee. 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, is entitled to receive a copy of any Notice of Violation delivered to the Developer. 11.3 Mortgagee's Time to Cure. City must provide a copy of any Notice of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to Developer. The Mortgagee has the right, but not the obligation, to cure the default for a period of thirty (30) 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 is a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee has until thirty (30) 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 (1) year after Mortgagee obtains such possession. 11.4 Cure Rights. 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, will succeed to the rights and obligations of Developer under this Agreement as to the Property or portion thereof so acquired; provided, however, in no event is such Mortgagee liable for any defaults or monetary obligations of Developer arising before acquisition of title to the Property by such Mortgagee, except that any such Mortgagee is not 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 Bankruptcy. 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 Developer, the times specified in Section 11.3 above will be extended for the period of the prohibition, except that any such extension cannot 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, this Agreement is disaffirmed by a receiver, liquidator, or trustee for Developer or its property, City, if requested by any Mortgagee, will 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. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify 15 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 must execute and return the certificate within twenty-one (21) days following receipt of the notice. The failure of City to deliver such a written notice within such time constitutes a conclusive presumption against City that, except as may be represented by 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 Director is authorized to execute, on behalf of City, any Estoppel Certificate requested by Developer. City acknowledges that a certificate may be relied upon by successors in interest to 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 of Agreement. 13.1 Appeal of 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 Developer to the Planning Commission, and thereafter, if necessary, to the City Council pursuant to the El Segundo Municipal Code. Developer cannot seek judicial review of any staff decision without first having exhausted its remedies pursuant to this Agreement. 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 terms of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they will effectuate such clarification through Operating Memoranda approved in writing by City and Developer, which, after execution, will 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 Developer. Operating Memoranda are not intended to and do not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore public notices and hearings are not required. The City Attorney is authorized, upon consultation with, and 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, City must provide Developer, upon Developer's request, with a statement ("Certificate of Performance") evidencing said completion or revocation and the release of Developer from further obligations hereunder, except for any 16 ongoing obligations hereunder. The Certificate of Performance must be signed by the appropriate agents of Developer and City and 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 Civil Code § 3093. 14. Amendment or Termination by Mutual 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 Developer, and upon compliance with the provisions of Government Code §§ 65867 and 65867.5. 15. Indenuiif icat i on/Defense. 15.1 hidein►iification. 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 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. For purposes of this Section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 15.2 Defense of Agreement. If City accepts Developer's indemnification and defense as provided in Section 15.1 above, City agrees to and must 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 will survive the termination of this Agreement. 16. Time of Essence.. Time is of the essence for each provision of this Agreement of which time is an element. 17. Effective Date. This Agreement becomes operative on the Effective Date. 18. 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; or iv) by facsimile, evidenced by confirmed receipt, addressed as follows (subject to the right of a party to designate a different address for itself by notice similarly given): If to City: City of El Segundo 350 Main Street El Segundo, California 90245 Attention: City Manager 17 With a Copy to: City of El Segundo 350 Main Street El Segundo, California 90245 Attention: Director of Planning and Building Safety With a Copy to: Jenkins & Hogin, LLP 1230 Rosecrans Ave, Suite 110 Manhattan Beach, California 90266 Attention: Mark D. Hensley, Esq. If to Developer: El Segundo Unified School District 641 Sheldon Street El Segundo, California 90245 Attention: Superintendent Any notice given by mail is deemed to have been given as of the date of delivery (whether accepted or refused) established by United States Post Office, return receipt, or the overnight 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. A party's address may be changed by written notice to the other party effective upon actual receipt of such notice. After a transfer of all or a portion of the Property pursuant to Sections 3.2 and 3.3, District shall be copied on all correspondence whether by, City or Transferee relating to such transferred property. 19. Entire Agreement. 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 cannot be amended, except as expressly provided herein 20. Waiver. No waiver of any provision of this Agreement constitutes 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 is binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 21. 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 is effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 22. 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 kind or nature between City and Developer, jointly or severally. 18 23. No Third Party Beneficiaries. 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. 24. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City. 25. Cooperation Between City and Developer. City and Developer will 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. 26. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they do 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 any Future Approvals, the provisions of this Agreement control. 27. Joint Prelaration. This Agreement is deemed to have been prepared jointly and equally by the Parties, and it cannot be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 28. Governing 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 govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement must be filed in the appropriate court having jurisdiction in the County of Los Angeles. 29. 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. 30. 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 falls upon a Saturday, Sunday or other holiday specified in Government Code § 6700, the date for such determination or action shall be extended to the first business day immediately thereafter. 31. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained is 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. Developer has 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 can be held and used by the City only 19 for the purposes contemplated herein or otherwise provided in such conveyance, and the City will 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. 32. 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. 33. 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. 34. Exhibits. All exhibits attached hereto are incorporated by this reference. IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development Agreement on the date first above written. ATTEST: Cindy Mortesen City Clerk APPROVED AS TO FORM: I: Mark D. Hensley, City Attorney CITY: CITY OF EL SEGUNDO, a municipal corporation M. . Mayor 20 DEVELOPER: EL SEGUNDO UNIFIED SCHOOL DISTRICT Its: 21 EXHIBIT A PROPERTY DESCRIPTION A- 1 EXHIBIT B Recording Requested By and When Recorded Mail To: El Segundo Unified School District 641 Sheldon Street El Segundo, California 90245 Attention: Superintendent ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into by and between the El Segundo School District, ("Assignor"), and , a ("Assignee"). RECITALS A. The City of El Segundo ("City") and Assignor entered into that certain Development Agreement dated , 2012 (the "Development Agreement"), with respect to the real property located in the City of El Segundo, State of California more particularly 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. 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, including without limitation those obligations specifically allocated to the 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" EL SEGUNDO UNIFIED SCHOOL DISTRICT Date: By: Its: By: Its: "ASSIGNEE" a Date: By: Its: B-2 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this _ day of , CITY OF EL SEGUNDO wo STATE OF CALIFORNIA ) ) SS: COUNTY OF Director of Planning and Building Safety On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. STATE OF CALIFORNIA SS: COUNTY OF Signature (Seal) On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or`the entity upon behalf of which the person acted, executed the instrument. B-3 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 (Seal) B-4 EXHIBIT C DEVELOPMENT FEE SCHEDULE City of El Segundo Fees: 1. Police Service Mitigation Fee Per City Council Resolution No. 4687 adopted on October 5, 2010. 2. Fire Service Mitigation Fee October 5, 2010. 3. Library Service Mitigation Fee October 5, 2010. 4. Parks Mitigation Fee October 5, 2010. 5. Traffic Mitigation Fee November 15, 2005. 6. Water Meter Installation Fees Per City Council Resolution No. 4687 adopted on Per City Council Resolution No. 4687 adopted on Per City Council Resolution No. 4687 adopted on Per City Council Resolution No. 4443 adopted on Per Title 11 of ESMC. 44386\1060366v5 Page a EXHIBIT D 540 EAST IMPERIAL AVENUE SPECIFIC PLAN HOUSING SET ASIDE OPTION 1(304 Total Units) OPTION 2 (58 Total Units) Assisted Living Units Required Mixed Residential Units Required 1. Extremely Low 7 1. Extremely Low 2 2. Very Low 7 2. Very Low 2 3. Low 9 3. Low 2 Total 15% Set Aside 23 Units Total 10% Set Aside 6 Units Senior Cond miniumsl ts A artmen Units Required 7 7 9 23 Units 1. Extremely Low 2. Very Low 3. Low Total 15% Set Aside The unit totals shown by income category in this table represent the proportional percentage of the City's total Regional Housing Needs Assessment (RHNA) allocation for the lower income categories shown. In this case, the RHNA allocation for the combined lower income categories is 71 total units. The Extremely Low income category represents 31 percent of the total allocation; the Very Low income category represents 31 percent of the total allocation and the Low Income category represents 38 percent of the total RHNA allocation. These same percentages were applied to the unit totals for this project. 44386\1060366v5 Page b CITY COUNCIL RESOLUTION NO. Exhibit "G" CITY COUNCIL ORDINANCE NO. Exhibit "D" CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), the El Segundo Unified School District, agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Impact Report for Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision 10-01 for Vesting Tentative Map Nos. 71410 and 71582 ("Project Conditions"). Planning and Building Safety Department Before building permits are issued, the applicant must submit plans demonstrating substantial compliance with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved, including the site plan, floor plan, elevations, landscaping and materials, must be referred to the Director of Planning and Building Safety to determine whether the Planning Commission should review the proposed modification. 2. Before building permits are issued, the applicant must obtain all the necessary approvals, licenses and permits and pay all the appropriate fees as required by the City. 3. The applicant must comply with all mitigation measures identified in the Final Environmental Impact Report prepared for the Project. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review for the project and is attached as Exhibit "B" to this Resolution. The mitigation measures of the MMRP are incorporated into these conditions of approval by reference. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and the plans for which a building permit is issued. 4. Any changes to the colors and materials of the exterior fagade of the building must be in compliance with the 540 East Imperial Avenue Specific Plan Section 4.2(F) Development Standards and approved to the satisfaction of the Director of Planning and Building Safety. -1- 5. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the Planning and Building Safety Department and the Parks and Recreation Department for review and approval to demonstrate compliance with the City's Water Conservation regulations and Guidelines for Water Conservation in Landscaping (ESMC §§ 10-2-1, et seq.). The plant materials used in landscaping must be compatible with the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24 published by Sunset Books, Inc., Revised and Updated 2001 edition, which is available for review at the Planning and Building Safety Department. Additionally, the landscaping and irrigation must be completely installed before the City issues a final Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: • Reclaimed water must be used as the water source to irrigate landscaped areas, if feasible. To that end, dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible. • Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). • Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. 6. Selection of drought -tolerant, low-water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10-2-1, et seq. 7. The applicant must provide a sufficient number of bicycle racks to accommodate storing at least 8 bicycles. 8. Employees must be provided current maps, routes and schedules for public transit routes serving the site; telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; ridesharing promotional materials; and bicycle route and facility information. Two kiosks with such information must be provided for Option 1 with one Kiosk located in the senior portion of the project and the -2- second kiosk located in the assisted living facility to the satisfaction of the Director of Planning and Building Safety. One kiosk must be provided in Option 2 in the senior housing/multi-family portion of the project site to the satisfaction of the Director of Planning and Building Safety. 9. Trash and recycling enclosures must be provided and shown on the site plan that are sufficiently large enough to store the necessary bins required for the regular collection of commercial solid waste and recyclable materials. The site plan with the location and dimensions of the trash and recycling enclosure and an elevation view of the enclosure must be provided to the Planning and Building Safety Department for review and approval before the City issues building permits. Separate trash and recycling facilities must be provided for each of the three components of Option 1 (senior housing, assisted living and multi -family). Separate trash and recycling enclosures must be provided for the multi -family portion of Option 2. 10. Ground level mechanical equipment, refuse collectors, storage tanks, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with the overall design of the project and any ancillary buildings. 11. Exterior lighting must be designed to minimize off -site glare. 12. The building must be designed to comply with all ESMC standards for the attenuation of interior noise. 13. Before the City issues a Certificate of Occupancy the applicant must provide the Planning and Building Safety Department a status report on the Leadership in Energy and Environmental Design (LEED) certification process that includes the GBCI scorecard. The Director of Planning and Building Safety will determine if the items identified on the scorecard and report, show a good faith effort to obtain LEED certification and warrant release of this condition. Within one month of receiving LEED certification, the applicant must furnish proof of certification to the Planning and Building Safety Department. 14. The applicant agrees to set aside 15% of the total number of units constructed for Option 1. The units must be distributed as follows: 31 % of the total 15% for the extremely low income senior household category; 31 % of the 15% for the very low income senior household category; and 38% of the 15% for the low income senior -3- household category to be split equally between the assisted living and condominium/apartment units. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 15. The applicant agrees to set aside 10% of the total number of units constructed for Option 2. The units must be distributed as follows: 31 % of the total 10% for the extremely low income senior household category; 31 % of the 10% for the very low income senior household category; and 38% of the 10% for the low income senior household category to be split equally between the multi -family condominium/apartment units. Any affordable housing units that are required based on the single-family component of Option 2 may be satisfied by developing the requisite number of units in other components of the project. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 16. The applicant must provide a marketing implementation plan that includes, without limitation, notification to residents of El Segundo regarding the availability of affordable housing in the project, eligibility requirements, application requirements, and access to application materials to the satisfaction of the Director of Planning and Building Safety. 17. A minimum of two building materials must be provided in each component of each project option (Option 1 and Option 2) to the satisfaction of the Director of Planning and Building Safety. 18. The project must meet all design criteria of the Specific Plan to the satisfaction of the Director of Planning and Building Safety. Building Division Conditions 19. Before building permits are issued, the applicant must submit a geotechnical/soils report, along with an associated grading plan that addresses the current code to the Planning and Building Safety Department for review and approval. -4- 20. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Department for review and approval. 21. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Department for review and approval. Before building permits are issued, plans must show conformance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Electrical Code, and 2010 California Energy Code, all as adopted by the ESMC. 22. Before building permits are issued, plans must show compliance with accessibility requirements per the 2010 California Building Code, as adopted by the ESMC. 23. The applicant must provide a complete pool enclosure that encompasses the pool per the 2010 California Building Code, as adopted by the ESMC. 24. The applicant must provide a disabled access lift to access the pool per the 2010 California Building Code, as adopted by the ESMC. 25. At least one stairway must access the roof per the 2010 California Building Code, as adopted by the ESMC. 26. The Applicant must execute a restrictive covenant, in a form approved by the City Attorney, subjecting development of the real property affected by the Project to the air easements imposed by the final judgment in Los Angeles Unified School District v. City of Los Angeles, et al., LASC Case No. 965,067 filed January 7, 1980 and recorded as Document No. 80-55139 with the Los Angeles County Recorder's Office. Fire Department Conditions 27. The project must comply with all applicable requirements in the 2010 California Building and Fire Codes, and the 2009 International Fire Code as adopted by the ESMC and El Segundo Fire Department regulations. 28. Construction of any cafeteria or kitchen facilities in the assisted living facility must include installation of a grease interceptor capable of removing fats, oils, and grease from the kitchen waste stream. If the Los Angeles County Health Department determines -5- that the food preparation area does not require the installation of grease interceptors, then this condition will not be required. 29. Construction activities must include a storm water pollution prevention plan addressing non -storm water run-off, debris removal, track -out and protection of storm water system. 30. Any diesel -powered generators must be approved by the Fire Department, Environmental Safety Division, and provide for secondary containment, placarding, spill detection and prevention. Underground tanks require additional environmental monitoring requirements. 31. The applicant must provide the Environmental Safety Division of the El Segundo Fire Department an inventory of any and all chemicals used for laundry, pool or house cleaning, emergency generators or other devices. 32. The applicant, or designee, must contact Underground Service Alert before digging or excavating. 33. Any demolition must be screened for asbestos and lead, with proper notifications to South Coast Air Quality Management District (SCAQMD). Public Works Department Conditions 34. All onsite utilities including, without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. Contact Southern California Edison for required service and underground requirements (Mr. John Deng at (310) 783-9305). 35. Before the City issues a Certificate of Occupancy, the applicant must ensure that all curb, gutters, asphalt and concrete pavement and driveway aprons fronting 540 East Imperial Avenue and the property frontage along Walnut Avenue will be replaced as required by the Public Works Department. 36. Before the City issues a Certificate of Occupancy, all damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department. 37. The applicant must secure any required encroachment permits from the Public Works Department before commencing any work in the public right-of-way. N 38. The project must comply with the latest National Pollution Discharge Elimination System (NPDES) requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. 39. Before the City issues a building permit, the location and sizes of all proposed water meters must be approved by the City's Water Division. 40. Before the City issues a building permit, the applicant must clean and inspect (via remote TV camera) the project sewer lateral. If found impaired, the applicant is responsible for the replacement of the lateral. 41. A registered civil engineer must provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on -site drainage and mitigate off -site impacts, as follows, subject to review and approval from the Public Works Department: • The design must follow the criteria contained in both the Los Angeles County Department of Public Works Hydrology Manual 2006 and Standard Urban Storm Water Mitigation Plan or most recent editions. Flows must remain in their historical drainage pattern so as not to impact neighboring properties. • New development must not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run-off water to any off - site drainage areas beyond the measured or calculated pre -project rate and velocity. 42. Construction related parking must be provided on -site. 43. All record drawings (as -built drawings) and supporting documentation must be submitted to the Public Works Department before scheduling the project's final inspection. Police Department Conditions 44. Before the City issues a building permit, the applicant must submit a photometric light study to the Police Department for review and approval. A site plan must be provided showing buildings, parking areas, walkways, and the point -by -point photometric calculation of the required light levels. Foot candles must be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. The photometric study must be point -by -point and include the light loss factor (.7). Lighting levels must be -7- adjusted to meet the minimum foot candle requirements within each area of the site. All interior or exterior corridors, passageways and pedestrian walkways and open parking lot shall be illuminated at all times with a minimum maintained one foot-candle of light on the walking surface. 45. A schematic plan of the security camera system must be submitted and approved by the El Segundo Police Department before the City issues a building permit, and must be included as a page in the stamped approved set of plans. 46. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 47. Stairways must be illuminated with a minimum maintained one foot- candle of light on all landings and stair treads at all times. 48. Recessed areas of building or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six feet in width and are capable of human concealment, must be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This requirement applies to defined recessed areas which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedge row landscaping a minimum of two feet in height. 49. All types of exterior doors must be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light measured within a five-foot radius on each side of the door at ground level. The light source must be controlled by a photocell device or a time -clock with an astronomic clock feature and capable of operating during a power outage. 50. The addressing, open parking lot and trash dumpster must be illuminated with a maintained minimum of one foot-candle of light on the ground surface during hours of darkness. 51. Street addressing must be a minimum of 6 inches high and must be visible from the street or driving surface, of contrasting color to the background and illuminated during hours of darkness. Addressing must also be shown on plan elevations. 52. All landscaping must be low profile around perimeter fencing, windows, doors and entryways so as not to limit visibility or provide M climbing access. Dense bushes cannot be clumped together in a manner that provides easy concealment. 53. Stairwell doors exiting onto the street must have a minimum 100- square inch vision panel, with a minimum five inch width, to provide visibility into the area being entered. Vision panels must meet the requirements of the California Building Code, as adopted by the ESMC. Vision panels must preclude manipulation of the interior locking device from the exterior. 54. Interior stairwell doors must have glazing panels a minimum of five inches wide and 20 inches in height and meet the requirements of the California Building Code, as adopted by the ESMC. Guest rooms must have a deadbolt lock, a secondary security latch and a wide angle (190-200 degree) door viewer, not to be mounted more than 58 inches from the bottom of the door. 55. Exterior mounted ladders are prohibited except: (1) ladders with a minimum 1/8 inch thick steel plate, securely attached to the ladders edge on each side, and extending to within two inches of the wall for a height of ten feet above ground level. A door and cover must be securely attached to the front of the ladder, and be constructed of minimum 1/8-inch steel, extending from ground level to at least ten feet high. The ladder must have non -removable hinge pins and be locked securely against the side wall by a locking mechanism with a minimum five pin tumbler operation; or (2) the bottom of the ladder must begin ten feet above the ground surface. 56. All pool entrances must be posted with "No Trespassing" signs. 57. Any pool restroom and shower doors must have access control as reviewed and approved by the El Segundo Police Department. 58. Exterior gates leading to the pool must be secured by electronic access control. 59. When a specific project option is selected, the ESPD may require the applicant to comply with more specific requirements as they pertain to: doors/hardware, windows, mailboxes, lighting, landscaping, addressing, stairwells, trash dumpsters, parking, other possible requirements they may pertain to a specific assisted living facility layout (access controls). M Construction Conditions 60. Before any construction occurs the perimeter of the property must be fenced with a minimum 6-foot high fence. The fence must be covered with a material approved by the Planning and Building Safety Department to prevent dust from leaving the site. 61. Public sidewalks must remain open at all times. 62. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. 63. NOx emissions during construction must be reduced by limiting the operation of heavy-duty construction equipment to no more than 5 pieces of equipment at any one time. 64. Staging of construction vehicles and vehicle entry and egress to the site must be approved by the Public Works Department. Temporary construction driveways must be approved by the Public Works Department. Temporary construction driveways must be removed before the City issues a certificate of occupancy. 65. Construction vehicles cannot use any route except the City's designated Truck Routes. 66. The applicant must develop and implement a construction management plan, as approved by the Public Works Department, which includes the following measures recommended by the SCAQMD: • Configure construction parking to minimize traffic interference. • Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). • Re-route construction trucks away from congested streets. • Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize dust emissions. • Suspend use of all construction equipment during second stage smog alerts. Contact SCAQMD at (800) 242-4022 for daily forecasts. • Use electricity from temporary power poles rather than temporary diesel or gasoline -powered generators. -10- • Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. • Catalytic converters must be installed, if feasible. • Equipment must be equipped with two -to -four -degree engine time retard or pre -combustion chamber engines. • Use methanol or natural gas powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. • Use propane or butane powered on -site mobile equipment instead of gasoline if readily available at competitive prices. 67. During construction and operations, all waste must be disposed in accordance with all applicable laws and regulations. Toxic wastes must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 68. All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all applicable laws and regulations to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. 69. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 70. The project must comply with ESMC Chapter 5-4, which establishes storm water and urban pollution controls. 71. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 72. Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been implemented to reduce pollutant loadings identified in the Storm Water Prevention Plan. 73. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 74. Storm drain system must be safeguarded at all times during construction. 75. All diesel equipment must be operated with closed engine doors and must be equipped with factory -recommended mufflers. -11- 76. Electrical power must be used to run air compressors and similar power tools. 77. The applicant must provide a telephone number for local residents to call to submit complaints associated with the construction noise. The number must be posted on the project site and must be easily viewed from adjacent public areas. 78. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 79. As stated in ESMC Chapter 7-2, construction related noise is restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday. Impact Fee Conditions 80. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time library services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 81. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time fire services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 82. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time police services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 83. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time park services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. -12- 84. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12-3). 85. Pursuant to ESMC §§ 15-27A-1, et seq., and before the City issues a certificate of occupancy, the applicant must pay a one time traffic mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4443. 86. Before building permits are issued, the applicant must pay the required School Fees. This condition does not limit the applicant's ability to appeal or protest the payment of these fees to the school districts(s). Miscellaneous 87. The vesting tentative maps (VTM No. 71410 and VTM No. 71582) will expire pursuant to Government Code § 66452.6 and ESMC § 14-1-12. Only one VTM may be recorded. 88. The El Segundo Unified School District, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 890, General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision No. 10-01. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 890, the El Segundo Unified School District., agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. -13- By signing this document, Geoff Yantz on behalf of the El Segundo Unified School District., certifies that he read, understands, and agrees to the Project Conditions listed in this document. Geoff Yantz, Superintendent El Segundo Unified School District PAPlanning & Building Safety\Planning - Old\PROJECTS (Planning)\876-900\EA-890\City Council Mar2012\EA- 890.CC.conditions of approval:03.06.12.doc -14- EXHIBIT 3 RESOLUTION NO. 2714 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE ENVIRONMENTAL ASSESSMENT NO. 890 FOR THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT; ADOPT GENERAL PLAN AMENDMENT NO. 10-03, SPECIFIC PLAN NO. 10-03, ZONE CHANGE NO. 10-01, AND ZONE TEXT AMENDMENT NO. 10-06; APPROVE DEVELOPMENT AGREEMENT NO. 10-02; AND APPROVE SUBDIVISION NO 10-1 FOR VESTING TENTATIVE MAP NO. 71410 OR VESTING TENTATIVE MAP NO. 71582. The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On September 9, 2010, Mar Ventures, Inc., filed an application on behalf of the El Segundo Unified School District for an Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10- 06, Development Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map No's 71410 for seven lots, or 71582 for 31 lots to re -designate and rezone an approximate 5.65 acre property at 540 East Imperial Avenue from Planned Residential Development (PRD) Zone to 540 East Imperial Avenue Specific Plan (EIASP) to allow construction of a either a 304-unit senior housing community development with a multi- family component (Option 1) or a 58-unit mixed residential development (Option 2); B. The applications were reviewed by the City of El Segundo Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ("ESMC"); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. An Environmental Impact Report (EIR) was prepared pursuant to the requirements of CEQA Guidelines § 15161; E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning -1- Commission for January 26, 2012; F. On January 26, 2012, the Commission held a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City staff and public testimony, and representatives of Mar Ventures, Inc. and the El Segundo Unified School District; and G. This Resolution and its findings are made based upon the testimony and evidence presented to the Commission at its January 26, 2012 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The Commission finds that the following facts exist: A. The subject property is located at 540 East Imperial Avenue in the northwest portion of the City of El Segundo; B. The property is comprised of six lots and the total site area is on the block bounded by East Imperial Avenue to the north; Walnut Avenue to the south, Sheldon Street to the west, and McCarthy Court to the east; C. The surrounding land uses are primarily single-family and multi -family residential uses in the Single -Family Residential (R-1) and Multi -Family Residential (R-3) Zones to the east, west and south, with a mortuary located on one parcel in the Neighborhood Commercial (C-2) Zone located at the northeast corner of East Imperial Avenue and Sheldon Street, west of the site. Land uses north of the site include a community dog park within the corporate boundary of the City of El Segundo and LAX across Imperial Avenue in the City of Los Angeles; D. The proposed project for the property at 540 East Imperial Avenue consists of two possible development options. Option 1 is a 304-unit senior housing community with a multi -family component. Option 2 consists of a 58-unit mixed residential development; E. The subject site is irregular in shape with 455 feet of street frontage on East Imperial Avenue and a total lot area of 5.65 acres; F. The subject site is developed with eight single -story brick buildings (22,488 square -feet total) that once served as administrative offices and classrooms for the former Imperial Avenue Elementary School; G. Vehicular access to the proposed facility would be provided from two driveway entrances; primary access would be from East Imperial Avenue -2- for the senior housing community (Option 1) and the multi -family portion of the mixed residential project (Option 2). Primary access for the multi- family portion of Option 1 and the single-family portion of Option 2 would be from Walnut Avenue; H. The proposed General Plan re -designation and rezoning of the Project Site would change the General Plan land use designation from Planned Residential Development to the 540 East Imperial Avenue Specific Plan (EIASP) designation and rezone the area from the Planned Residential Development (PRD) Zone to the 540 East Imperial Avenue Specific Plan (EIASP) Zone; and The re -zoning and General Plan re -designation would increase the residential density allowed on the site from 11.5 dwelling units per acre, to a maximum of 53.8 dwelling units per acre in Option 1 or a maximum of 10.27 dwelling units per acre in Option 2. The total maximum development that would be permitted with the proposed General Plan re -designation and re -zoning is 175,000 square feet (0.75 FAR). SECTION 3: Environmental Assessment. The Planning Commission makes the following environmental findings: A. The City completed a Draft Environmental Impact Report (DEIR) for this project. A noticed Public Scoping meeting was held on Thursday July 14, 2011 pursuant to 14 Cal Code of Regulations ("CEQA Guidelines") §15083. A Notice of Preparation of the DEIR was circulated for public review from July 7 to August 6, 2011 pursuant to CEQA Guidelines §15082. A Notice of Completion for the DEIR was filed with the State Office of Planning and Research on November 3, 2011 pursuant to CEQA Guidelines §15085. The public comment and review period for the DEIR was open between November 3, 2011 and December 19, 2011 in compliance with CEQA Guidelines §15087; B. The Final EIR will be presented to the City Council, which will review and consider information contained in the Final EIR before approving or denying the project in accordance with CEQA Guidelines §15090; C. Pursuant to CEQA Guidelines §15090 the Final EIR will reflect the City's independent judgment and analysis. The Planning Commission has independently reviewed and analyzed the Draft EIR prepared for the Project. The Draft EIR is an accurate and complete statement of the potential environmental impacts of the project. The Final EIR was prepared under the direction of the City of El Segundo Planning and Building Safety Department and will reflect the independent judgment and analysis of the environmental impacts and comments received on the Draft EIR; -3- D. The Draft EIR generally identifies, for each potentially significant impact of the project, one or more corresponding mitigation measures to reduce impacts to a level of insignificance, with the exception of air quality and noise impacts. The Planning Commission finds that nearly all of the potentially significant impacts identified in the Draft EIR are mitigated by corresponding mitigation measures to the extent set forth in the Draft EIR; E. In accordance with CEQA Guidelines §15091, the City Council will consider written findings regarding each of the significant environmental effects identified in the DER before certifying the Final EIR. Each finding will be a rationale of how mitigation measures have lessened identified significant environmental effects to a less than significant level for those effects that have been identified as mitigatible. For the two"environmental effects that have been identified in the DER as not mitigable to a less than significant level (Air Quality and Noise), the findings will provide a rationale on how proposed mitigation measures have substantially lessened these two environmental effects; F. The DER states that the City Council must adopt a Statement of Overriding Consideration if it wishes to approve the project. In accordance with CEQA Guidelines §15093 a Statement of Overriding Consideration will be included in the project's record for City Council consideration. This statement will identify specific reasons why to support approval of the project based on information in the EIR and in the project's record; and G. The Planning Commission recommends that specific issues that should be included in the Statement of Overriding Consideration prepared for the City Council are: a) Providing new housing is a public benefit as the need for new housing for all income levels, in particular for extremely low, very low, and low income senior households is identified in the City's Housing Element (2009); b) A proposed assisted living facility is a public benefit that meets a community need; c) The long-term housing benefit to the City of this type of project outweighs the significant short-term construction air quality impacts and long-term operational noise impacts of the Project; and, d) Improving a partially vacant and underutilized site with a new residential project serving the housing needs of the community outweigh the preservation of a dilapidated, underutilized, and unused school. SECTION 4: General Plan and Specific Plan. If approved, the proposed project conforms to the City's General Plan and the 540 East Imperial Avenue Specific Plan as follows: A. Following a General Plan Amendment, the General Plan Land Use Designation of the project site would be 540 East Imperial Avenue Specific Plan (EIASP). This designation is intended for senior housing consisting of -4- apartments or condominiums, senior housing consisting of assisted and/or independent living units, single-family and/or multi -family housing units consisting of market rate apartments or condominiums. As conditioned, the proposed project Option 1 or Option 2 would be compatible with the General Plan. B. The General Plan contains a number of relevant Goals, Objectives, and Policies in the Land Use Element. Implementation of the proposed project is consistent with Land Use Element Policy LU3-2.1 to "promote high quality Multi -Family Residential developments with ample open space, leisure and recreational facilities." If approved, the development will be built and maintained in accordance with these requirements and regulations and the requirements and regulations of the 540 East Imperial Avenue Specific Plan. C. The proposed project is consistent with Land Use Element Objective LU3- 3 to "encourage the development of viable attractive neighborhoods, free from blight and deterioration" in that the project will provide a new housing development on a site that is currently developed with eight vacant and deteriorating single -story brick structures formerly used as classrooms and offices for the Imperial Avenue Elementary School. D. The proposed project is consistent with Land Use Element Policy LU5-2.2 that "all outdoor storage shall be properly screened by masonry walls and landscaping." Masonry walls will be utilized for all trash enclosure and equipment areas. E. The proposed project is consistent with Housing Element Goal 2 to "Provide sufficient new, affordable housing opportunities in the City to meet the needs of groups with special requirements, including the needs of lower and moderate income households," Housing Element Policy 2.1 to "establish and maintain land use controls to accommodate the housing needs of the elderly, disabled, and other special needs households; and Housing Element Policy 2.2 to "facilitate the creation of affordable home ownership opportunities for extremely low, very low, and low income households; in that the project will provide much need housing for all income levels with a 15 percent set aside for extremely low, very low and low income households in Option 1, and a 10% set aside for Option 2. F. The proposed project is consistent with certain Circulation Element Objectives and Policies based upon a Traffic Study performed for the project. The Traffic Study determined that the proposed project Option 1 would generate 956 daily trips with 46 morning peak hour, and 83 evening peak hour trips. Option 2 would generate 428 daily trips, 34 in the morning peak hour and 42 in the evening peak hour. Additional trips generated by the project will be mitigated by a traffic mitigation fee. The Traffic Study -5- found that neither Option 1 not Option 2 of the proposed project would significantly impact any study intersections in the anticipated Opening Year (2013) of the General Plan Build -out scenarios. Therefore, no mitigation measures are required or proposed for the project. Consequently, the project is consistent with the following Circulation Element Objectives and Policies: 1. C1-1 to "provide a roadway system that accommodates the City's existing and projected land use and circulation needs." . 2. C1-1.2 to "pursue implementation of all Circulation Element policies such that all Master Plan roadways are upgraded and maintained at acceptable levels of service." 3. C1-1.14 to "require a full evaluation of potential traffic impacts associated with proposed new development 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." 4. C2-1.3 to "encourage new developments in the City to participate in the development of the citywide system of pedestrian walkways and require participation funded by the project developer where appropriate." Full sidewalk and curb and gutter to City Standards are incorporated into the design of this project. 5. C2-1.4 to "ensure the installation of sidewalks on all future arterial widening or new construction projects, to establish a continuous and convenient link for pedestrians. Full sidewalk and curb and gutter to City standards are incorporated into the design of this project as required by the Department of Public Works. 6. 3-1.1 to "require all new development to mitigate project -related impacts on the existing and future circulation system such that all Master Plan roadways and intersections are upgraded and maintained at acceptable levels of service through implementation of all applicable Circulation Element policies. Mitigation measures shall be provided by or paid for by the project developer." 7. C3-1.8 to "require the provision of adequate pedestrian and bicycle access for new development projects through the development review process." Full sidewalk and curb and gutter to City In standards are incorporated into the design of this project that will provide adequate pedestrian access. Adequate bicycle access will be available to the site. 8. C3-2.1 to "ensure the provision of sufficient on -site parking in all new development." The proposed project is required to provide on - site parking at the following ratios: 1) 1 space per studio/1 bedroom unit and 2 spaces per 2 bedroom unit for the senior market rate dwelling units; 2) 0.5 spaces per studio/1 bedroom unit and 1 space per 2 bedroom unit for the senior affordable units; 3) 1 space per 2 units/2 beds for the market rate senior housing assisted living units; 4) 1 space per 3 units/beds for the affordable senior housing assisted living units. G. The proposed project is consistent with Noise Element Policy N1-1.9 that requires "review of all new development projects in the City for conformance with California Airport Noise Regulations and California Noise Insulation Standards (Code of California Regulations, Title 24) to ensure interior noise will not exceed acceptable levels" and Program N1- 1.9A that requires "all new habitable residential construction in areas of the City with an annual CNEL of 60 dBA or higher shall include all mitigation measures necessary to reduce interior noise levels to minimum state standards. Post construction acoustical analysis shall be performed to demonstrate compliance." H. The proposed project is consistent with Noise Element Policy N1-2.1 that requires "all new projects to meet the City's Noise Ordinance Standards as a condition of building permit approval" and Program N1-2.1A that "addresses noise impacts in all environmental documents for discretionary approval projects, to ensure that noise sources meet City Noise Ordinance standards" in that the DEIR addressed noise sources that include: mechanical and electrical equipment and truck loading areas as specified in Program N1-2.1 A. The proposed project is consistent with Recreation Element Goal OS1 in that the project provides and maintains high quality open space and recreational facilities that meet the needs of the existing and future residents within the City of El Segundo. The proposed project is also consistent with Recreation Element Policy OS1-2.4 which requires "all new residential developments with more than 20 units to provide on -site recreational open space" in that the senior multi -family housing and assisted living uses will include open space and recreational amenities such as common open space and pools. J. The proposed project is consistent with Conservation Element Policy CN5- 1 in that the project will preserve the character and quality of existing -7- neighborhood; Conservation Element Policy CN5-6 to encourage that any new landscaped areas respect and incorporate distinctive elements of the community landscape; Conservation Element Policy CN5-8 to increase the quantity of plant material; and Conservation Element Policy CN5-9 to increase the diversity of plant species. SECTION 5: Zone Change Findings. A. Based on the factual findings of this Resolution, the proposed Zone Change is necessary to carry out the proposed project because the proposed General Plan Amendment would change the land use classification of the project site from Planned Residential Development to 540 East Imperial Avenue Specific Plan (EIASP). The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land uses designation of 540 East Imperial Avenue Specific Plan (EIASP). B. The purpose of ESMC Title 15 is to implement the goals, objectives and policies of the El Segundo General Plan. The zone change is consistent with the General Plan goals, objectives and policies discussed in Section 4 of this resolution. SECTION 6: Zone Text Amendment Findings. Based on the factual findings of this Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed project to establish the proposed 540 East Imperial Avenue Specific Plan (EIASP) Zone An amendment to ESMC § 15-3-1 to delete the Planned Residential (PRD) Zone and to list the 540 East Imperial Avenue Specific Plan (EIASP) Zone as a zoning classification within the City is necessary for consistency with the General Plan. An amendment to ESMC § 15-3-2(A)(7) to create the 540 East Imperial Avenue Specific Plan (EIASP) is necessary for consistency with the General Plan. Additionally, an amendment to delete ESMC § 15-4D-1 to delete the Planned Residential Development (PRD) Zone development standards in its entirety is necessary for consistency with the General Plan. SECTION 7: Development Agreement Findings. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the Planning Commission 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 (ten-year entitlement with a five year option): 1. Development of real property with vacant improvements and underutilized land uses. M 2. Increase in employment opportunities for the City's residents. 3. Increasing housing, in particular much needed senior housing for area residents. 4. Providing an option for an assisted living facility to meet community needs. 5. Developing a project that is consistent with the General Plan. 6. Developing a Leadership in Energy and Environmental Design (LEED) Certified project or equivalent. 7. Developing a property that includes affordable housing for the community with a 15 percent set aside for low, very low, and extremely low income qualified senior households for Option 1 and a 10 percent set aside for Option 2. 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 residentially zoned districts in the City. C. The project will not adversely affect the orderly development of property or the preservation of property values. This project is surrounded by previously developed neighborhoods and will help improve the value of neighboring properties. The proposed 540 East Imperial Avenue 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 8: Subdivision. The Planning Commission cannot make any of the findings for denial set forth in ESMC § 14-1-6 for the following reasons: A. The proposed map is consistent with applicable general and specific plans as specified in Government Code § 65451. As set forth in Section 4 of this Resolution, this project meets the goals and objectives of the General Plan and it is consistent with the 540 East Imperial Avenue Specific Plan. Vesting Tentative Map (VTM) No.71410 for project Option 1 proposes seven new lots and VTM No. 71582 for project Option 2 proposes 31 new lots. The proposed lots vary in size and meet the minimum lot sizes stated in the 540 East Imperial Avenue Specific Plan. m B. The design of the proposed subdivision is consistent with applicable general and specific plans. As set forth in Section 4, this project meets the goals and objectives of the General Plan. C. The site is physically suitable for the proposed type of development in that, after the proposed grading, the areas outside the required setbacks on each individual lot will be relatively flat. The proposed lots meet the size and dimension requirements to allow the subdivision of the existing parcel. The previous land use and zoning designation for the property was Planned Residential Development. The new 540 East Imperial Avenue Specific Plan continues the residential use at a mix that is more in line with the surrounding single-family and multi -family residential uses. D. The site is physically suitable for the proposed density of development. The proposed project involves a subdivision of a 5.65 acre parcel into either a 7 lot subdivision (Option 1), or a 31 lot subdivision (Option 2). The proposed maximum density (53 DU/acre) is consistent with the 540 East Imperial Avenue Specific Plan. Each new lot will meet or exceed the minimum size and dimension requirements. E. The design of the subdivision or the proposed improvements is unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site is a former elementary school located in an urbanized area surrounded by existing single-family and multi -family residences. There are no fish or wildlife habitats on the site that could be damaged by the proposed subdivision or new development. F. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed subdivision is not anticipated to conflict with any known easements located at, or near the property. No easements have been identified on the subject site. SECTION 9: Recommendations. The Planning Commission makes the following recommendations: A. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the City Council should certify a Final Environmental Impact Report of Environmental Impacts for Environmental Assessment No. 890; adopt a Statement of Overriding Considerations; and approve General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision No. 10-01 for Vesting Tentative Map Nos. 71410 and 71582. -10- B. The City Council should amend the proposed Land Use Plan ("Land Use Designations — Residential Designations: Planned Residential Development" subsection) of the Land Use Element of the General Plan to reflect the deletion of the Planned Residential land use designation and the addition of the 540 East Imperial Avenue Specific Plan, including a description of the allowed uses and the maximum land use density allowed, to the Residential Designations: Planned Residential Development subsection. The corresponding changes are set forth in attached Exhibit B, which is incorporated into this Resolution by reference. C. The City Council should amend the proposed Land Use Plan ("Northwest Quadrant" subsection) of the Land Use Element of the General Plan to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes as set forth in attached Exhibit C, which is incorporated into this Resolution by reference. D. The City Council should amend the 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU-3) of the Land Use Element to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes to the Land Use Element are set forth in attached Exhibit D, which is incorporated into this Resolution by reference. E. The City Council should amend the General Plan Land Use Map to reflect the change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes to the Land Use Map are set forth in attached Exhibit E, which is incorporated into this Resolution by reference. F. The City Council should amend the current Zoning Map to reflect a change of the Project area which is the former Imperial Avenue Elementary School at 540 East Imperial Avenue from Planned Residential Development to 540 East Imperial Avenue Specific Plan. The corresponding changes to the Zoning Map are set forth in attached Exhibit F, which is incorporated into this Resolution by reference. G. The City Council should adopt the 540 East Imperial Avenue Specific Plan, as set forth in attached Exhibit G, which is incorporated into this Resolution by reference. H. The City Council should adopt the Development Agreement by and between the City of El Segundo and the El Segundo Unified School see District, as set forth in attached Exhibit H, which is incorporated into this Resolution by reference. The City Council should, in accordance with the requirements of Public Resources Code §§21081(a) and 21081.6, adopt a Mitigation Monitoring and Reporting Program (MMRP) as set forth in attached Exhibit I, which is incorporated into this Resolution by reference. The City Council adopts each of the mitigation measures expressly set forth in the MMRP as conditions of approval of the project. J. The City Council should add ESMC § 15-3-2(A)(7) to read as follows: "7. 540 East Imperial Avenue Specific Plan There is one zone intended to be used within the boundaries of the 540 East Imperial Avenue Specific Plan. The zone is: EIASP -540 East Imperial Avenue Specific Plan" SECTION 10: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 11: Limitations. The Planning Commission'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 Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 12: 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 13: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 14: A copy of this Resolution must be mailed to Mar Ventures, Inc. and the El Segundo Unified School District, and to any other person requesting a copy. -12- SECTION 15: This Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 26h day of January 2012. ATTEST: Greg Carpenter, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney M David Wagner, Chairperson City of El Segundo Planning Commission Karl H. Berger, Assistant City Attorney -13- Wagner Fellhauer Baldino Barbee Newman PLANNING COMMISSION RESOLUTION NO. 2714 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), the El Segundo Unified School District, agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Impact Report for Environmental Assessment (EA No. 890), General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision 10-01 for Vesting Tentative Map Nos. 71410 and 71582 ("Project Conditions"). Plannina and Building Safety Department Before building permits are issued, the applicant must submit plans demonstrating substantial compliance with the plans and conditions of approval on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved, including the site plan, floor plan, elevations, landscaping and materials, must be referred to the Director of Planning and Building Safety to determine whether the Planning Commission should review the proposed modification. 2. Before building permits are issued, the applicant must obtain all the necessary approvals, licenses and permits and pay all the appropriate fees as required by the City. 3. The applicant must comply with all mitigation measures identified in the Final Environmental Impact Report prepared for the Project. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of the environmental review for the project and is attached as Exhibit "H" to this Resolution. The mitigation measures of the MMRP are incorporated into these conditions of approval by reference. All mitigation measures and conditions of approval must be listed on the plans submitted for plan check and the plans for which a building permit is issued. 4. Any changes to the colors and materials of the exterior fagade of the building must be in compliance with the 540 East Imperial Avenue Specific Plan Section 4.2(F) Development Standards and approved to the satisfaction of the Director of Planning and Building Safety. -14- 5. Before the City issues a building permit, the applicant must submit final landscaping and irrigation plans to the Planning and Building Safety Department and the Parks and Recreation Department for review and approval to demonstrate compliance with the City's Water Conservation regulations and Guidelines for Water Conservation in Landscaping (ESMC §§ 10-2-1, et seq.). The plant materials used in landscaping must be compatible with the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24 published by Sunset Books, Inc., Revised and Updated 2001 edition, which is available for review at the Planning and Building Safety Department. Additionally, the landscaping and irrigation must be completely installed before the City issues a final Certificate of Occupancy. Additionally, the final landscaping and irrigation plans must comply with the following: • Reclaimed water must be used as the water source to irrigate landscaped areas, if feasible. To that end, dual water connections must be installed to allow for landscaping to be irrigated by reclaimed water, if feasible. • Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e.g., drip irrigation, automatic sprinklers equipped with moisture sensors). • Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation. Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscaping irrigation. 6. Selection of drought -tolerant, low-water consuming plant varieties must be used to reduce irrigation water consumption, in compliance with ESMC §§ 10-2-1, et seq. 7. The applicant must provide a sufficient number of bicycle racks to accommodate storing at least 8 bicycles. 8. Employees must be provided current maps, routes and schedules for public transit routes serving the site; telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; ridesharing promotional materials; and bicycle route and facility information. Two kiosks with such information must be provided for Option 1 with one Kiosk located in the senior portion of the project and the Si1672 second kiosk located in the assisted living facility to the satisfaction of the Director of Planning and Building Safety. One kiosk must be provided in Option 2 in the senior housing/multi-family portion of the project site to the satisfaction of the Director of Planning and Building Safety. 9. Trash and recycling enclosures must be provided and shown on the site plan that are sufficiently large enough to store the necessary bins required for the regular collection of commercial solid waste and recyclable materials. The site plan with the location and dimensions of the trash and recycling enclosure and an elevation view of the enclosure must be provided to the Planning and Building Safety Department for review and approval before the City issues building permits. Separate trash and recycling facilities must be provided for each of the three components of Option 1 (senior housing, assisted living and multi -family). Separate trash and recycling enclosures must be provided for the multi -family portion of Option 2. 10. Ground level mechanical equipment, refuse collectors, storage tanks, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with the overall design of the project and any ancillary buildings. 11. Exterior lighting must be designed to minimize off -site glare. 12. The building must be designed to comply with all ESMC standards for the attenuation of interior noise. 13. Before the City issues a Certificate of Occupancy the applicant must provide the Planning and Building Safety Department a status report on the Leadership in Energy and Environmental Design (LEED) certification process that includes the GBCI scorecard. The Director of Planning and Building Safety will determine if the items identified on the scorecard and report, show a good faith effort to obtain LEED certification and warrant release of this condition. Within one month of receiving LEED certification, the applicant must furnish proof of certification to the Planning and Building Safety Department. 14. The applicant agrees to set aside 15% of the total number of units constructed for Option 1. The units must be distributed as follows: 31 % of the total 15% for the extremely low income senior household category; 31 % of the 15% for the very low income senior household category; and 38% of the 15% for the low income senior -16- household category to be split equally between the assisted living and condominium/apartment units. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 15. The applicant agrees to set aside 10% of the total number of units constructed for Option 2. The units must be distributed as follows: 31 % of the total 10% for the extremely low income senior household category; 31 % of the 10% for the very low income senior household category; and 38% of the 10% for the low income senior household category to be split equally between the multi -family condominium/apartment units. Any affordable housing units that are required based on the single-family component of Option 2 may be satisfied by developing the requisite number of units in other components of the project. Percentages for the total number of units and for each income category must be calculated by rounding to the nearest whole number not to exceed the maximum required percentage. The Developer must submit an income verification monitoring plan to the Director of Planning and Building Safety before issuance of Certificate of Occupancy. 16. The applicant must provide a marketing implementation plan that includes, without limitation, notification to residents of El Segundo regarding the availability of affordable housing in the project, eligibility requirements, application requirements, and access to application materials to the satisfaction of the Director of Planning and Building Safety. 17. A minimum of two building materials must be provided in each component of each project option (Option 1 and Option 2) to the satisfaction of the Director of Planning and Building Safety. 18. The project must meet all design criteria of the Specific Plan to the satisfaction of the Director of Planning and Building Safety. Building Division Conditions 19. Before building permits are issued, the applicant must submit a geotechnical/soils report, along with an associated grading plan that addresses the current code to the Planning and Building Safety Department for review and approval. -17- 20. Before grading permits are issued, the applicant must submit a soils report to the Planning and Building Safety Department for review and approval. 21. Before grading permits are issued, the applicant must submit a grading plan to the Planning and Building Safety Department for review and approval. Before building permits are issued, plans must show conformance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Electrical Code, and 2010 California Energy Code, all as adopted by the ESMC. 22. Before building permits are issued, plans must show compliance with accessibility requirements per the 2010 California Building Code, as adopted by the ESMC. 23. The applicant must provide a complete pool enclosure that encompasses the pool per the 2010 California Building Code, as adopted by the ESMC. 24. The applicant must provide a disabled access lift to access the pool per the 2010 California Building Code, as adopted by the ESMC. 25. At least one stairway must access the roof per the 2010 California Building Code, as adopted by the ESMC. Fire Department Conditions 26. The project must comply with all applicable requirements in the 2010 California Building and Fire Codes, and the 2009 International Fire Code as adopted by the ESMC and El Segundo Fire Department regulations. 27. Construction of any cafeteria or kitchen facilities in the assisted living facility must include installation of a grease interceptor capable of removing fats, oils, and grease from the kitchen waste stream. If the Los Angeles County Health Department determines that the food preparation area does not require the installation of grease interceptors, then this condition will not be required. 28. Construction activities must include a storm water pollution prevention plan addressing non -storm water run-off, debris removal, track -out and protection of storm water system. 29. Any diesel -powered generators must be approved by the Fire Department, Environmental Safety Division, and provide for -18- secondary containment, placarding, spill detection and prevention. Underground tanks require additional environmental monitoring requirements. 30. The applicant must provide the Environmental Safety Division of the El Segundo Fire Department an inventory of any and all chemicals used for laundry, pool or house cleaning, emergency generators or other devices. 31. The applicant, or designee, must contact Underground Service Alert before digging or excavating. 32. Any demolition must be screened for asbestos and lead, with proper notifications to South Coast Air Quality Management District (SCAQMD). Public Works Department Conditions 33. All onsite utilities including, without limitation, water, electricity, gas, sewer and storm drains, must be installed underground. Contact Southern California Edison for required service and underground requirements (Mr. John Deng at (310) 783-9305). 34. Before the City issues a Certificate of Occupancy, the applicant must ensure that all curb, gutters, A.C. pavement and driveway aprons fronting 540 East Imperial Avenue and the property frontage along Walnut Avenue will be replaced as required by the Public Works Department. 35. Before the City issues a Certificate of Occupancy, all damaged or off -grade curb, sidewalk and pavement must be removed and replaced as required by the Public Works Department. 36. The applicant must secure any required encroachment permits from the Public Works Department before commencing any work in the public right-of-way. 37. The project must comply with the latest National Pollution Discharge Elimination System (NPDES) requirements and provide Best Management Practices (BMPs) for sediment control, construction material control and erosion control. 38. Before the City issues a building permit, the location and sizes of all proposed water meters must be approved by the City's Water Division. -19- 39. Before the City issues a building permit, the applicant must clean and inspect (via remote TV camera) the project sewer lateral. If found impaired, the applicant is responsible for the replacement of the lateral. 40. A registered civil engineer must provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on -site drainage and mitigate off -site impacts, as follows, subject to review and approval from the Public Works Department: • The design must follow the criteria contained in both the Los Angeles County Department of Public Works Hydrology Manual 2006 and Standard Urban Storm Water Mitigation Plan or most recent editions. Flows must remain in their historical drainage pattern so as not to impact neighboring properties. • New development must not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run-off water to any off - site drainage areas beyond the measured or calculated pre -project rate and velocity. 41. Construction related parking must be provided on -site. 42. All record drawings (as -built drawings) and supporting documentation must be submitted to the Public Works Department before scheduling the project's final inspection. Police Department Conditions 43. Before the City issues a building permit, the applicant must submit a photometric light study to the Police Department for review and approval. A site plan must be provided showing buildings, parking areas, walkways, and the point -by -point photometric calculation of the required light levels. Foot candles must be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. The photometric study must be point -by -point and include the light loss factor (.7). Lighting levels must be adjusted to meet the minimum foot candle requirements within each area of the site. All interior or exterior corridors, passageways and pedestrian walkways and open parking lot shall be illuminated at all times with a minimum maintained one foot-candle of light on the walking surface. 44. A schematic plan of the security camera system must be submitted and approved by the El Segundo Police Department before the City -20- issues a building permit, and must be included as a page in the stamped approved set of plans. 45. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 46. Stairways must be illuminated with a minimum maintained one foot- candle of light on all landings and stair treads at all times. 47. Recessed areas of building or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six feet in width and are capable of human concealment, must be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This requirement applies to defined recessed areas which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedge row landscaping a minimum of two feet in height. 48. All types of exterior doors must be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light measured within a five-foot radius on each side of the door at ground level. The light source must be controlled by a photocell device or a time -clock with an astronomic clock feature and capable of operating during a power outage. 49. The addressing, open parking lot and trash dumpster must be illuminated with a maintained minimum of one foot-candle of light on the ground surface during hours of darkness. 50. Street addressing must be a minimum of 6 inches high and must be visible from the street or driving surface, of contrasting color to the background and illuminated during hours of darkness. Addressing must also be shown on plan elevations. 51. All landscaping must be low profile around perimeter fencing, windows, doors and entryways so as not to limit visibility or provide climbing access. Dense bushes cannot be clumped together in a manner that provides easy concealment. 52. Stairwell doors exiting onto the street must have a minimum 100- square inch vision panel, with a minimum five inch width, to provide visibility into the area being entered. Vision panels must meet the requirements of the California Building Code, as adopted by the ESMC. Vision panels must preclude manipulation of the interior locking device from the exterior. -21- 53. Interior stairwell doors must have glazing panels a minimum of five inches wide and 20 inches in height and meet the requirements of the California Building Code, as adopted by the ESMC. Guest rooms must have a deadbolt lock, a secondary security latch and a wide angle (190-200 degree) door viewer, not to be mounted more than 58 inches from the bottom of the door. 54. Exterior mounted ladders are prohibited except: (1) ladders with a minimum 1/8 inch thick steel plate, securely attached to the ladders edge on each side, and extending to within two inches of the wall for a height of ten feet above ground level. A door and cover must be securely attached to the front of the ladder, and be constructed of minimum 1/8-inch steel, extending from ground level to at least ten feet high. The ladder must have non -removable hinge pins and be locked securely against the side wall by a locking mechanism with a minimum five pin tumbler operation; or (2) the bottom of the ladder must begin ten feet above the ground surface. 55. All pool entrances must be posted with "No Trespassing" signs. 56. Any pool restroom and shower doors must have access control as reviewed and approved by the El Segundo Police Department. 57. Exterior gates leading to the pool must be secured by electronic access control. 58. When a specific project option is selected, the ESPD may require the applicant to comply with more specific requirements as they pertain to: doors/hardware, windows, mailboxes, lighting, landscaping, addressing, stairwells, trash dumpsters, parking, other possible requirements they may pertain to a specific assisted living facility layout (access controls). Construction Conditions 59. Before any construction occurs the perimeter of the property must be fenced with a minimum 6-foot high fence. The fence must be covered with a material approved by the Planning and Building Safety Department to prevent dust from leaving the site. 60. Public sidewalks must remain open at all times. 61. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. -22- 62. NOx emissions during construction must be reduced by limiting the operation of heavy-duty construction equipment to no more than 5 pieces of equipment at any one time. 63. Staging of construction vehicles and vehicle entry and egress to the site must be approved by the Public Works Department. Temporary construction driveways must be approved by the Public Works Department. Temporary construction driveways must be removed before the City issues a certificate of occupancy. 64. Construction vehicles cannot use any route except the City's designated Truck Routes. 65. The applicant must develop and implement a construction management plan, as approved by the Public Works Department, which includes the following measures recommended by the SCAQMD: • Configure construction parking to minimize traffic interference. • Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). • Re-route construction trucks away from congested streets. • Maintain equipment and vehicles engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize dust emissions. • Suspend use of all construction equipment during second stage smog alerts. Contact SCAQMD at (800) 242-4022 for daily forecasts. • Use electricity from temporary power poles rather than temporary diesel or gasoline -powered generators. • Diesel -powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible. • Catalytic converters must be installed, if feasible. • Equipment must be equipped with two -to -four -degree engine time retard or pre -combustion chamber engines. • Use methanol or natural gas powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. • Use propane or butane powered on -site mobile equipment instead of gasoline if readily available at competitive prices. 66. During construction and operations, all waste must be disposed in accordance with all applicable laws and regulations. Toxic wastes -23- must be discarded at a licensed, regulated disposal site by a licensed waste hauler. 67. All leaks, drips and spills occurring during construction must be cleaned up promptly and in compliance with all -applicable laws and regulations to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. 68. If materials spills occur, they must be cleaned up in a way that will not affect the storm drain system. 69. The project must comply with ESMC Chapter 5-4, which establishes storm water and urban pollution controls. 70. Before anticipated rainfall, construction dumpsters must be covered with tarps or plastic sheeting. 71. Inspections of the project site before and after storm events must be conducted to determine whether Best Management Practices have been implemented to reduce pollutant loadings identified in the Storm Water Prevention Plan. 72. The owner or contractor must conduct daily street sweeping and truck wheel cleaning to prevent dirt in the storm drain system. 73. Storm drain system must be safeguarded at all times during construction. 74. All diesel equipment must be operated with closed engine doors and must be equipped with factory -recommended mufflers. 75. Electrical power must be used to run air compressors and similar power tools. 76. The applicant must provide a telephone number for local residents to call to submit complaints associated with the construction noise. The number must be posted on the project site and must be easily viewed from adjacent public areas. 77. During construction, the contractor must store and maintain equipment as far as possible from adjacent residential property locations northwest of the site. 78. As stated in ESMC Chapter 7-2, construction related noise is restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through -24- Saturday, and prohibited at anytime on Sunday or a Federal holiday. Impact Fee Conditions 79. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time library services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 80. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time fire services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 81. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time police services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 82. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the applicant must pay a one-time park services mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee amount must be based upon the adopted fee at the time the building permit is issued. 83. Before building permits are issued, the applicant must pay the required sewer connection fees (as specified in ESMC Title 12-3). 84. Pursuant to ESMC §§ 15-27A-1, et seq., and before the City issues a certificate of occupancy, the applicant must pay a one time traffic mitigation fee in accordance with Section 5.4 of the Development Agreement and Resolution No. 4443. 85. Before building permits are issued, the applicant must pay the required School Fees. This condition does not limit the applicant's ability to appeal or protest the payment of these fees to the school districts(s). -25- Miscellaneous 86. The tentative map will expire pursuant to Government Code § 66452.6 and ESMC § 14-1-12. 87. The El Segundo Unified School District, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 890, General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text Amendment No. 10-06, Development Agreement No. 10-02, and Subdivision No. 10-01. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 890, the El Segundo Unified School District., agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Geoff Yantz on behalf of the El Segundo Unified School District., certifies that they have read, understood, and agree to the Project Conditions listed in this document. Geoff Yantz, Superintendent El Segundo Unified School District PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Plan n ing)\876-900\EA-890\Planni ng Commission Jan2012\EA-890.PC reso.01.26.12.adopted.doc -26- City Council Exhibit 4 Fourth Quarter 2009 LAX Noise Contour Map dB CNEL 70 d8 CNEL Segundo ESG3 .- - � Fh J�Project 1 I site 65 d5 � ` � ESG1 —� 2 --ES .jjj DWP Power : Grand A—v Station Chevron Refinery EXHIBIT 5 County of Los Angeles Regional Planning Commission Airport Land Use Commission Coinniissioners Curt Pedersen, Chair David W. Louie, Vice Chair -Esther L. Valadez Harold V. Helsley Pat Modugno February 9, 2012 TO: Curt Pederson, Chair David W. Louie, Vice Chair Esther L. Valadez, Commissioner Harold Helsley, Commissioner Pat Modugno, CqKhrnissioner QK FROM: Carmen SalAz, Supervising Regional Planner Community Studies East Section SUBJECT: FEBRUARY 22, 2012 MEETING —AGENDA ITEM # 1 PROJECT NO. RAV201100002-(4) ALUC REVIEW OF THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT In Los Angeles County, the Regional Planning Commission has the responsibility for acting as the Airport Land Use Commission (ALUC) pursuant to provisions of the State Aeronautics Act (California Public Utilities Code Section 21670, et seq.). At your meeting on February 22, 2012, your Commission as the ALUC Will hold a public hearing to review,t the project known as 540 East Imperial Avenue Specific Plan Project for consistency with the adopted Los Angeles County Airport Land Use Plan. Attached please find the staff report for the ALUC public hearing. If you have any questions please do not hesitate to contact me at (213) 974-6425 or at csainzoplanning.iacounty.gov. LORICui Attachment Richard J. Bruckner Rosie Ruiz Director Secretary to the Commission Dept_ of Regional Planning _ 320 West "temple Street, Los Angeles, California 90012 Telephone (213) 974-6409 or TDD (213) 617-2292 This page intentionally left blank AVIATION CASE NO. RAV2011-00002-(4.) STAFF ANALYSIS PROJECT NO. R2011-01565 PAGE 1 OF 11 AVIATION CASE NO. 201100002-(4) PROJECT NO. R2011-01565 ALUC REVIEW OF THE 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT OVERVIEW The proposed 540 East Imperial Specific Plan (Specific Plan) presents two options for the redevelopment of a 5.65-acre former school site, located south of the Los Angeles International Airport in the City of El Segundo. Option 1 includes a maximum of 150 assisted/independent living units and 150 senior apartments (age 55 and older) on a 5.32 acre portion of the site. Four (4) townhomes would be built on the remaining 0.33-acre parcel at the southern end of the project site. Option 2 includes a mix of 24 single-family dwelling units and 34 multi -family, attached townhore dwelling units. The attached townhome units would be situated along Imperial Avenue with the single family homes on the more southerly portion of the site and located on private streets. The 640 East Imperial Specific Plan project site is located entirely within the Airport Influence Area established for the Los Angeles International Airport (LAX) (see Attachment 1: Airport Influence Area). The airport planning boundary consists of a combination of the 65 dB Community Noise Equivalent Level (CNEL) noise contour, the airport property boundary and all runway protection zones. The project site is located within the 65 dB CNEL noise contour portion of the planning boundary To approve this project, the City must certify the Environmental Impact Report (EIR), grant a general plan amendment, a zone change, zone text amendment, vesting tentative tract maps, a development Agreement, and adopt a new specific plan establishing the permitted uses and development standards for the project site. Section 21676(b) of the Public Utilities Code (PUC) requires that certain local agency actions, such as specific plans, general plan amendments and zone changes for areas within an established airport planning boundary be reviewed by the Airport Land Use Commission (ALUC) for consistency with the appropriate airport land use compatibility plan. The proposed specific plan and associated general plan amendment, zone changes, and other discretionary actions require an ALUC consistency determination pursuant to Section 21676(b) of the PUC. On February 22, 2012, the ALUC will review the proposed 540 East Imperial Avenue Specific Plan for consistency with the adopted Los Angeles County Airport Land Use Plan (ALUP). LOCATION AND DESCRIPTION OF PROJECT SITE The Project Site AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01565 PAGE 2 OF 11 The project site is comprised of approximately 5.65 gross acres located within the City of El Segundo. The project site is bounded by the rear property boundaries on the east side of Sheldon Street to the west, Walnut Avenue and the rear property boundaries of Walnut Avenue to the south, parcels on Imperial and McCarthy Court to the east and Imperial Avenue to the north. The project site is located approximately 400 feet south of the LAX southern boundary line and 900 feet from departure Runway 07R (see Attachment 2: Aerial View of Project Site). Airport Influence Area The project site is entirely within the 65 d13 CNEL noise contour portion of the Airport Influence Area established for the Los Angeles International Airport (see Attachment 3: Aerial View of Project Site with Airport Influence Area). Existing 1-and Uses The 5.65-acre project site currently comprised of six lots and is developed with the Imperial Avenue Elementary School. The elementary school was built in 1956. Because of declining enrollment in the El Segundo Unified School District (ESUSD), the school campus was closed in 1975 and in 1979 was declared Surplus Property by ESUSD. In 1984, it was used as an employee training facility for the Hughes Aircraft Company. In 1997, the school campus was re -opened under a lease to the Los Angeles Unified School District (LAUSD) as a special needs school, but was closed again a few years later. The buildings currently remain vacant. In anticipation of future redevelopment to residentia[ uses, the property was rezoned and the land category changed to Planned Residential Development in the 1992 El Segundo General flan. Surrounding Land Uses The project site is located within a developed area comprised of a mix of single-family residential and multi -family residential uses. For the 102 properties that lie wholly or partially within 300 feet of the project site, all but 3 have residential structures and uses. One property is zoned C-2 and is occupied by a mortuary and there are 2 vacant parcels. There are 23 parcels with multifamily residential uses and the remaining 76 are single- family residences. The densities on the remaining 99 residential parcels range from 5.46 to 44.76 dwelling units per acre and have an overall average density of 12.2 dwelling units per acre (see Attachment 4: Map of Surrounding Land Uses). - PROJECT DESCRIPTION General Plan Amendment No. '10-03 General Plan Amendment No. 10-03 will re -designate the project site from Planned Residential Development to 540 East Imperial Avenue Specific Plan (EIASP). The Planned Residential Development category allows residential uses and has a maximum limit of 29 single-family detached dwelling units and 36 multi -family dwelling units for a maximum of 65 units on the 5.65-acre property. The requested General Plan Amendment will allow for one of two conceptual residential options: Option 1, a Senior Housing Community with a AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R.2011.01565 PAGE 3 OF 11 Multi -family Residential component (maximum 304 units), or Option 2, a Mixed Residential Development with a maximum of 58 units. Specific Plan (SP) No. 10-03 Specific Plan (SP) No. 10-03 is the addition of the 540 East Imperial Avenue Specific Plan (EIASP) for the project site that establishes the permitted uses and development standards within the Specific Plan. The 540 East Imperial Avenue Specific Plan proposes two development options for the 5.65-acre former school site. Option 1 Option 1 proposes an assisted/independent living facility with 150 units, a separate development of 150 units of senior apartments and four townhomes. The Site Plan for Option 1 depicts the 150-unit assisted living facility on a 2.36-acre lot along Imperial Avenue. The assisted living facility has five buildings that are 2 and 3 stories in height, a swimming pool, 56 underground parking spaces and 34 surface parking spaces. Of those surface spaces, 14 are designated for guest parking. The Site Plan depicts the senior apartment complex on the southerly portion of the project site. The senior apartment complex includes 150 residential units in 9 buildings that are 3 stories in height and offer 1 and 2 bedroom units for senior residents age 55 and older. Vehicular access is shared with the assisted living complex with a two-way driveway off of Imperial Avenue (see Attachment 5: Option 1 Site Plan). Option 2 Option 2 proposes 24 single family homes and 34 attached townhome condominiums. The townhomes would be constructed facing Imperial Avenue and the single family homes on the remaining portion of the site. The single family homes are one story and the townhomes are two story. Access to the townhomes is from Imperial Avenue. Access to the single family homes is from Walnut Avenue via a private street. Two spaces of structured parking are provided for each townhome unit and a total of 24 guest spaces. Two private garage spaces are provided for each single family home. (see Attachment G: Option 2 Site Plan). Zone Change No. 10-01 Zone Change No. 10-01 will accompany General Plan Amendment No.10-03 and proposes a change in zone from Planned Residential Development (PRD) to 540 East Imperial Avenue Specific Plan (EIASP) to be consistent with the Land Use designation. Zone Text Amendment No. 10-06 Zone Text Amendment No. 10-06 will delete the Planned Residential Development (PRD) Zone from the El Segundo Municipal Code (ESMC), add 540 East Imperial Avenue Specific Plan (EIASP) to the ESMC, and delete Chapter 15-4D Planned Residential Development (PRD) in its entirety. AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01565 PAGE 4 OF 11 SUB 10-01 for Vesting Tract Map (VTM) No. 71401(Option 1; 7 lots) or VIFM 71582 O tion 2; 31 lots SUB 10-01 is a subdivision to allow the division of one lot to seven lots under Option 1, or from one lot to 31 lots under Option 2. Development Agreement No. 10-02 Development Agreement No. 10-02 is an agreement between the El Segundo Unified School District and the City of El Segundo outlining all of the definitions, liabilities and all conditions of development that will apply to the project site. Approval of the Development Agreement is necessary to define party responsibilities, infrastructure improvements required and development standards for the project site to be developed with one of the approved Specific Plan options (See Attachment 13: Development Agreement). LOS ANGEL.ES COUNTY AIRPORT LAND USE POLICY In 1991 the ALUC adopted the Los Angeles County Airport Land Use Plan (ALUP), which sets forth policies, maps with planning boundaries, and criteria for promoting compatibility between airports and the land uses that surround them. The adopted ALUP contains policies to help minimize the public's exposure to excessive noise and safety hazards associated with airport operations. ALUP Noise Policy ALUP noise policy establishes a system for measuring noise, sets sound insulation standards for qualified projects, establishes the Land Use Compatibility Table (see Attachment 7: Land Use Compatibility Table) and encourages a statement of noise disclosure for properties in affected areas. The ALUP Land Use Compatibility Table lists recreation, agriculture, industrial and commercial land uses within the 65 dB CNEL noise contour as compatible from an airport land use perspective. The Table lists residential and recreational uses as compatible provided sound insulation needs are reviewed, and lists educational facilities as not compatible. ALUP Safety Polic ALUP safety policy requires the establishment of safety zones, and sets criteria for limiting uses that may create a safety hazard for aircraft in the air and people on the ground- The 640 East Imperial East Imperial Avenue Specific Plan project site is not located in an area that the ALUP considers a safety concern. The project site is located approximately 900 feet from Runway 25L and away from any -designated safety zones. STAFF EVALUATION The proposed project is a Specific Plan with two distinct development options for the redevelopment of the 5.65-acre former school site. Option 1 is a combination of a 150-unit assistedfindependent living development, a 150-unit senior apartment development and four townhomes for a total of 304 units. Option 2 is a combination of 24 single family AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01565 PAGE 5 OF 11 homes and 34 townhomes for a total of 58 units_ The following evaluates the proposed specific plan and project features for consistency with the relevant ALUP policies: ® General Policy G-1. Require- new uses to adhere to the Land Use Compatibility Table. The project is consistent with General Policy G-1. The project site is entirely within the 65 dB CNEL noise contour as depicted in the 2009 LAX 4°i Quarter Noise Standards Quarterly Report (see Attachment . 8: 2009 4th Quarter Noise Standards Quarterly Report). According to the Land Use Compatibility Table, commercial and industrial within the 65 dB CNEL are considered compatible, while residential and recreational uses must use caution and review noise insulation needs; educational uses are considered incompatible (see Attachment 7: Land Use Compatibility Table). The Specific Plan proposes two development options; both would allow residential uses in a combination of multi -family and single-family development. To effectively mitigate the inferior noise levels of future residential development on the project site, Mitigation Measure 4.3-5 requires that all residential units be designed and constructed to ensure that interior noise levels do not exceed 45 dB, and requires that the following features be included in building design and construction for the project site: 1. Upgraded dual -glazed windows 2. Mechanical ventilationlair conditions 3. Exterior wallfroof assemblies free of cut-outs or openings 4. Ceiling insulation in the top floor of each building to reduce aircraft noise by at least 20 dB. Mitigation Measure 4.3-5 also requires that the developer submit architectural plans and a detailed acoustical analysis to demonstrate that interior noise levels in all residential units would be 45 dB or less to the City of El Segundo's Planning and Building Safety Department for review and approval prior to issuance of a building permit. In addition, the California Airport Land Use Compatibility Planning Handbook recommends that ALUCs require dedication of an avigation easement to the airport proprietor in any situation where sound insulation is required to make a residential use compatible with an airport. Mitigation Measures 4.3-6 and 4.3-7 in the Draft Environmental Impact Report for the project require that all prospective buyers and renters of residential property within the project be notified of the property's vicinity to the airport and that there may be noise and other related impacts. With sound insulation as required by Mitigation Measure 4.3-5 to ensure that all habitable interior rooms achieve a sound level of 45dB or less and dedication of an avigation AVIATION CASE NO. RAV2411-00002-(4) STAFF ANALYSIS PROJECT NO. R2011 01i565 PAGE 6 OF 11 easement, as well as a buyer and renter awareness program, residential uses within the 65 dB CNEL noise contour would be considered consistent with the ALUP's Land Use Compatibility Table. The EIR determined that there would be a significant unavoidable impact due to exterior noise because outdoor areas associated with the project's residential units would remain exposed to exterior noise levels of 65 dB and above. With consideration given that the outdoor areas are accessory to the residential component of both Options 1 and 2. , and the outdoor areas are fairly limited, both Options 1 and 2 would be considered consistent with the ALUP's Land Use Compatibility Table because the Table provides that residential uses could be considered compatible within the 65dB CNEL if sound insulation needs are addressed. General Policy G-2. Encourage the recycling of incompatible land uses to uses which are compatible with the airport, pursuant to the Land Use Compatibility Table. The project is consistent with General Policy G-2. Currently the project site is occupied by a vacant school. A residential development is preferable to the site's former use since educational facilities are considered incompatible in the 65 dB CNEL noise level. In terms of airport compatibility, the residential rases are compatible with mitigation to ensure interior noise levels are 45 dB or below. See discussion for Policy GA above. General Policy G-3. Consider requiring dedication of an aviation easement to the jurisdiction owning the airport as a condition of approval on any project within the designated planning boundaries. The project is consistent with General policy 6-3. The El Segundo Unified School District (ESUSD) granted the City of Los Angeles as owner and operator of the Los Angeles International Airport an aviation easement for noise, vibrations and fumes over the proposed project site (see Attachment 9: Aviation Easement). In addition, Mitigation Measure 4.3-6 requires that the ESUSD make as a condition of sale of the project site, that the future owner express acknowledgement and confirmation of the continuing applicability of the existing aviation easement for noise, vibrations, and fumes over the project site property. Mitigation Measure 4.3-7 requires notification of all residents, owners as well as tenants, that the property is within an airport influence area and of all the associated noise, fumes and vibrations that are likely to occur. General Policy G-4. Prohibit any uses which will negatively affect safe air navigation. The project is consistent with General Policy G-4. The project does not propose any uses which may negatively affect safe air navigation as is consistent with this policy. AVIATION CASE NO. RAV209.1-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01565 PAGE i OF 11 ® General Policy G-a. Airport proprietors should achieve airport/community land use compatibility by adhering to the guidelines of the California Noise Standards. Not applicable. The project site is not owned or operated by an airport proprietor and therefore this policy is not applicable to this project. Noise Policy N-1. Use the Community Noise Equivalent Level (CNEL) method for measuring noise impacts near airports in detennining suitability for various types of land uses. The project is consistent with Noise Policy NA, The Draft EIR for this project used the CNEL method for measuring noise impacts and determining appropriate land uses near the airport. The project proposes residential uses for the project site. The Draft EIR includes mitigation measures to ensure an interior noise level of 45 dB or less. In addition, the property owner has already dedicated of an aviation easement to the City of Los Angeles, and the EIR proposes implementation of a buyer and renter awareness program. With sound insulation, dedication of an avigation easement and a buyer and renter awareness program, residential uses within the 65 dB CNEL noise contour would be considered consistent with the ALUP's Land Use Compatibility Table. ® Noise Policy N-2. Require sound insulation to insure a maximum interior 45 dB CNEL in new residential, educational, and health -related uses in areas subject to exterior noise levels of 65 dB CNEL or greater_ The project is consistent with Noise Policy N-2_ The project proposes residential uses for the project site. Mitigation Measure 4.3-5 requires that all residential units be designed and constructed to ensure that interior noise levels do not exceed 45 dB. In addition, under Section 5.1 of the Development Agreement, the developer must comply with the Agreement and the Project Approvals including, without limitation, all mitigation) measures identified in the EIR; and all Future Approvals. ® Noise Policy N-3. Utilize the Table Listing Land Use Compatibility for Airport Noise Environments in evaluating projects within the planning boundaries The project is consistent with Noise Policy N-3. The project site is located entirely within the 65d13 CNEL. Commercial, industrial and agriculture land uses are satisfactory according to the Land Use Compatibility Table; residential uses must use caution and review noise insulation needs. The project proposes residential uses for the project site. Mitigation Measure 4.3-5 requires that all residential units be designed and constructed to ensure that interior noise levels do not exceed 45 dB. In addition, under Section 5.1 of the Development Agreement, future developers of the project site must comply with the Development Agreement and the Project Approvals including, without limitation, all mitigation measures identified AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01s65 PACE 8 OF 11 in the EIR. Therefore, with sound insulation, residential uses within the 65 dB CNEL noise contour would be considered consistent with the ALUP's Land Use Compatibility Table and Noise Policy N-3. Noise Policy N-4. Encourage local agencies to adopt procedures to ensure that prospective property owners in aircraft noise exposure areas above a current or anticipated 60 d8 CNEL are informed of these noise levels and of any land use restrictions associated with high noise exposure. The project is consistent with Noise Policy N-4. Mitigation Measure 4.3-7 requires that each, prospective buyer and tenant of residential property within the project shall be notified as follows' "NOTICE OF AIRPORT VICINITY — this property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g. noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." Safety Policy 8-1. Establish "runway protection zones" contiguous to the ends of each runway. These runway protection zones shall be identical to the FAA's runway protection zone (formally called clear zone). Not applicable. The project site is not within a runway protection zone. ® Safety Policy S-2. Prohibit above ground storage of more than 100 gallons of flammable liquids or toxic materials on any one net acre in a designated runway protection zone. It is recommended that these materials be stored underground. Not applicable. The project site is not within a runway -protection zone. Safety Policy S-3. Prohibit, within a runway protection zone, any use which would direct a steady light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following take -off or toward an aircraft engaged in a final approach toward landing at an airport. Not applicable. The project site is not within a runway protection zone. ® Safety Policy S-4. Prohibit, within a runway protection zone, the erection or growth of objects which rise above an approach surface unless supported by evidence that it does not create a safety hazard and is approved by the FAA. AVIATION CASE NO. RAV2011-00002-(4) STAFF AlnALYSiS PROJECT NO. R2011-01565 PAGE 9 OF 11 Not applicable. The project site is not within a runway protection zone. ® Safety Policy S-5. Prohibit uses which would attract large concentrations of birds, emit smoke, or which may otherwise affect safe air navigation. The project is consistent with Safety Policy S-5. The Specific Plan does not propose uses or features which would attract large concentrations of birds. ® Safety Policy S-6. Prohibit uses which would generate electrical interference that may he detrimental to the operation of aircraft and/or aircraft instrumentation. The project is consistent with Safety Policy S-6. The Specific Plan does not propose uses which would generate electrical interference with aircraft instrumentation. Safety Policy S-7. Comply with the height restriction standards and procedures set forth in FAR Part 77. The project is consistent with Safety Policy S-7. The Code of Federal Regulations (CFR) Title 14 Part 77.13 requires that any developer who intends to perform any construction or alterations to structures that exceed 200 feet in height above ground level must obtain project approval from the FAA. Height restrictions set forth by the FAA Federal Aviation Regulation (FAR) Part 77 requires all development exceeding 200 feet in height to submit Form 7460-1 (Notice of Proposed Construction or Alteration) to the FAA. In addition, all projects that exceed the FAR Part 77, Objects Affecting Navigable Airspace, 100:1 slope (100 feet in distance to 1 foot in height from a runway) are also required to submit a Notice of Proposed Construction or Alteration to the FAA. The proposed project would not exceed 200 feet in height; however, the proposed project is located approximately 792 feet from the southern runway at LAIC and would therefore be required to submit Form 7460-1 if implementation of the proposed project results in the construction of buildings that exceed 7.9 feet in height. The proposed project would result in the construction of buildings approximately 35 and 45 feet in height respectively for Option 1 and Option 2, thereby exceeding the 7.9-foot height threshold. Mitigation Measure HAz- 3 would ensure that the developer submits Form 7460-1 (Notice of Proposed Construction or Alternation) to the FAA in accordance with procedures set forth in FAR Part 77. Conclusion on Project Consistence The project as proposed includes two different development options, both of which could be built under the new land use and zoning designations with the approval of the 640 East Imperial Avenue Specific Plan. The project is located within the 65dB CNEL nolse contour. The adopted Airport Land Use Plan (At -UP) for Los Angeles International Airport (LAX) has policies that require interior AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT MO. R2011-01565 PACE 10 OF 11 noise for all inhabitable space be reduced to 45dR or less for projects located within the 65dB CNEL noise contour; encourages the dedication of an avigation easement to the airport operator; and recommends that all owners and tenants be notified that the project is within an airport noise area and is subject to aircraft noise and other impacts. Both development options in the Specific Plan were assessed in the Draft Environmental Impact Report (Draft EIR) which includes mitigation measures to attenuate interior noise levels to 45dB or less in all inhabitable indoor spaces and requires implementation of a buyer and renter awareness program to notify all prospective owners and tenants that the project site is within an airport noise area and is subject to aircraft noise and other impacts. In addition, an aviation easement has already been dedicated to the City of Los Angeles, the airport operator. Therefore, with sound insulation, dedication of an aviation easement and a buyer .and renter awareness program, residential uses would be considered compatible within the 65 dB CNEL noise contour. The exterior spaces associated with the residential component of the project are quite small in relation to the area occupied by buildings and therefore provide the opportunity for only limited outdoor activity. In terms of airport compatibility, this is a positive as it reduce$ the resident's exposure to aircraft noise. Staff therefore finds that the project is consistent with the policies and requirements of the adopted Los Angeles County Airport Land Use Plan for Los Angeles International Airport. STATUS OF PROJECT The City of El Segundo Planning Commission on January 26, 2012 held a public hearing and voted to recommend certification of the Environmental Impact Report (EIR), adoption of the Statement of Overriding Considerations (SOC) and approval of the planning entitlements for the 540 East Imperial Avenue Specific Plan project. (Draft Specific Plan is included as Attachment 12). ENVIRONMENTAL DOCUMENTATION A Draft Environmental Impact Report (DEIR) was prepared and its appropriate Noise Chapter is attached as part of this report. See Attachment 10, PUBLIC COMMENTS As of the date of this staff report, staff has received no comments, written or by telephone regarding this project. RECOMMENDED ACTION Staff recommends that the Airport Land Use Commission find the 540 East Imperial Highway Specific flan CONSISTENT with the policies of the Los Angeles County Airport Land Use Commission. Draft Findings are included as Attachment 11. SUGGESTED MOTION AVIATION CASE NO. RAV2011-00002-(4) STAFF ANALYSIS PROJECT NO. R2011-01566 PAGE 11 OF 11 "1 move that the Airport Land Use Commission close the public hearing and, based on the evidence presented, find the 540 Fast Imperial Avenue Specific Plan project CONSISTENT with the adopted Los Angeles County Airport Land Use Plan." Attachments: 1 _ Airport Influence Area 2. Aerial View of Project Site 3. Aerial View of Project Site with Airport Influence Area 4. Map of Surrounding Land Uses 5. Option 1 — Site Plan 6. Option 2 — Site Plan 7. Land Use Compatibility Table 8. 2009 LAX 4t" Quarter Noise Report 9. Aviation Easement 10_ Draft Environmental Impact Report— Noise Chapter 11 _ Draft Findings 12.540 East Imperial Avenue Specific Plan 13. Development Agreement CS: SFR: DM This page intentionally left blank zLm i anMM • •�ff: =T: �V .r tip,\l'.: �.r7 �. 1 I - f. > �.. This page intentionally left blank This page intentionally left blank `� ' •r : :��r Y` �'71 Nip N.{� Its• 1'itT�!t4�yi'4,y �,••; •f h•',.�, !j;.{;f =r'� •it� i! lt�'bJ,t`'• 1!+�'�' , _ {.t. ' I ,f> 1� �,I ; t ,t+���t"',f �y�<+u.ti•�aYt'S!{�};j t' d,• �,: T'i Ij;�� �it`.�,�T I� � �,.i'� _,;l��s S �,t i, . ,: 1�,,,,+'•� �� ;• -�� r. I r, .I tit` . �i . 4 - I ' i' ��_ (FL',rr. .ar•j rlF � rr rd iv d•,.� �^ t;*1 rt�y. , -,1 r yr 4 tZ�� ' i I � • ��r � i� � � • . �'� vv.rJv.7_`i:i•�c .irirll. f;. Q I p�' .t , , � . ti Y ,? 'i ." �y ..lyt, ., S �S 1 IJ Ikt� �; Y � rt 1.4 Tri.: _' J T., tti..,,,.• ' c a 1�1 ilr fl{. 1�'�.�.�+ Inc r b'. .Ant. tS ��.,�r .�.. �izC S�lyLc• j{al". '. , , t '_ i � I T�S:1, ,,!',f 3dtr � 7}1 f, II Ce ^ F' ,4y. <t�- "(i'_aa•�-� �r,.Tr Nb � .ii 1'� 'I r y�i Itl Sr , ,t;5i3.1 iz z+ rtL FI i if= 1 1 . 3r 1'� '' ,i rl I ^.I !St f{ d°J,::.1"z.•'• �.1.i.ickr irt� �. S' J1 i t i+i j' , t u ti .. r t �`�' 1 i• l J i��n•-t'='+Y� S 1 ,, i.47 1I -� r.�lr � rl(. , it 1L':F ?i ` �i •a l�i�.(?.r'r i' Ilt'�. �•Sy 'Sbr(� :n rd •,fit ,. � i I 1 ;.}'�. � I �. ..,..'��:• �,•jj� i ' ''� j' � , I ,t r.-.r�,'L'r�t•r.;� al =� i�{ f=11ri 1iJ � i �f'��iiliw,�'Fr''.•trl"xk��i�'�{fh•J�+ • ; 1 I I ,I E�" ' ? ti�t'y"!T �1 rYt i ? I Fds� t , �I I �jH` �altj;�.y.� �� �l� �r'i:+' .:ice•. th ,� .I � 1 �. � Y i,t •+ i'IiJia `t�"I ��� ' t? I�s���l'l r�' •r'j�%i �l}t+is}(�j-;i 4. ro L�..J.' , .t}-fy.r.� C iT0 r"tl•� (, , I .. ' ';I ,1�{� � �J.>"i t f+ii i tc �• �T 1' 1. 1. r y T {{j>a ,. .,�_ 1�.� .ts r!I� ►� i S, i�l a� t.; tt it�{a+�.1t, 511t q.��•JAll' �I;SI: •I .:, r. •i:%t .Sr?,',.,�, ,I �T ``r."r 1• su 'JdaL. t/« +t;� �` ja y �. �• i� ;•;I,1.�Ft j t iir {f �t'iJ •l`ili4+�+� I. t� �,S"��•r.��:..ri .� t`• 1!e•i •: S� r•_•.y.-tjl, yp ')i •,i„•S,I Y' j;�7'rt �vr,!�fltfyl.�:•C9..�{lili� i .f;61,�1,.�Ti(R1�� %c}fay, _Ct'+'ty3l`{{i44}}1l!Ir1,,NJ'rl- t h + �rr•7l��•t ay�Hpil.(� jli�(i, fr z4 -IS `{tY�Rj �•, I 1���9LYiJT {lirlJ •`�i �iS::ti�C '�f1 , 1'i.,il ly "y Y,'r+� ttfia IJ 5 `fi,Y-. •1'j�'•J jplit (�1 ��. •, _ :'t I ,�Y: r_ 1 ,'r 1`GIr7 .fit t,n't r'c3,.t.' i���;',': ^- b, � ��.• ' ,'i 1 1 �! . +,�I i'i t'ls,If',fir�'ttr,/�4?rJ�lr�:l•!,.)'. ,iil i.1 � 1 r•'.'3 +q .'r;,: c... fF r•: .t,ttib( T+j'i al tl st sir tk��rr�Yj ,�, i t , . I �;'llyl'� s�T.1�`i�t�€`�' I ^ �J�: r��t�z�l�Y�,t�!C_�i�'�J � !r �•,; it 1} , `,, I I I I �. .� , •. ,, r ('� i.l —I I I•.a�1 t •iC I I�_I It.� 1 � � 1 i � �'s •i+l� OR 1i.({E �hl l �jri : ,jJah pI il,. r t1 i ; t'sl. ti = ► r71. j ifa!` te! i2r, t, 'A p r 1 'y: 31 �Uo�i �n. �°�-: ��:-•iyj �}1 �h ,rErr�. • S ' n �i tJ . ,�i" � Tay, ° ^lit; r C J j�ij�,��•Z � ?•• Y I, ,� ?;1 ,1. E. .•rr�r}� �t : flv .� 1"14. it r�!�! Y � ,.��.• 111 ���t, IJ r41 r, i , -Y��L'•a .��" i j r +� . 1 . 1. i `•O I � it �1 .fy s7 � tc J, ��t!••.S sli [4• S'j Zj )� f {>[L,',� [., ii •I. i i' ' .r' I�•1� tt - 1 � ,) ��a !� ,,���.{��! 'f I -I rt. 'qi�}}i t!'Es',�t Ter` •JI''±Ltl- ;� i ''!1lTi•i:`l- �Y:y��~'� r ' , •' o-�'1 ; ,'Idp� I V r• . T'hv'.•. . l : �•, '•tF+. '? r Ii• .. x, rry�l�3.� `ya'I 1 '• ':" ,..�+, }tz �, !: :':fGt_sRU Y;�ti��} r+i �rr�,�l $•' i .4�- ° J , :: �� f. _ .,C� /Sins%1 6,< ;J: 'L•• l�L_ t 3i.S n1t a' 7 •It.r This page intentionally left blank r-r r+ n W -x S3U (. 0 vh -u 0 c� 0) m D C D 0 0 (D A) This page intentionally left blank F � i{s .._....,: oe a ..,3s .; I ©►)OfJI iSElbl4€17G4JU0[l�►^�C ]f!!Yi k#[Ci] i >3# zi tad 'i T - a . eM asa EaMI sY?= EEFE - `�:`Si ELT G ^mG `�: f�� ��vA �w`o����Yciii 4ira5;� S3 si m'�'�i>w�tc.-..cf�1'�fKZi"-fir. '�^`f.•di3 a: >v 4 CD U c CD 4- _r_; V 0 Q Q C— .1> 3 Qi a `� This page intentionally left blank This page intentionally left blank �-- / Fib, t C •r Z: r �}i < L L ��' art of . tx 1 •., p i'j:Idt .I _ {I Y. IV +! .•L i { ;i{.::'•i,`( P 'F, r t¢�a�j��C 4"y�. >•9 ti l� 1 I Ms INS iR7�� \�.� \•!'r -' � ; ' , t,t t , G��j�t,3r'�;1i C,/tiil�(%.�'�>���,j(r��, �.` �:• I t ; 3, L , 1 . ,� � '*?r+() �.�iL � t ` L t +. v �! (•- ��. �� �! c t i 1.• 'y+, tt; rl �� ([p�+��� ,�1•fj vvy�a� ii',d1'y'� j i L 7. C 1 a�tl ;:d'•c 1 7 M}'T'��. ; .�'Y: '{� -:.�1 r 51 •%1 ,ti11,( + Y`7+�1° _ ' ' !:' ,•y 1 '+ r]r* Veg r >`i;.• ,,( L ry tr `W�^`YFi r r• .Ll j.,)e r. ��q, i.�_t, 1` y� �tQ%� �'.Qry:`i�:;�: f Fly to r �'y�ra?.i 1 :i. r 1 .� •ljl �•r S2> y�. It )� � �; r d r.r�' ,sr \y� rk.�`xr� f � ,jil �'1 i `•f' �. f•�9. �••�t'•��t@. ��i MEN ai�t 4. fvtjyv�yi.n�� tl} '�'` t2 a n y L ,fit e;Cri %'�� : Wyk, ar r �. �'• �t �fi ¢0�C�2 QfI �:N�i,'�,.•� ` +t �j: 'i'N ' - ''Uihit �y �� t Y.,�t:;... _ F:{,fiY i``�•�^'•.i irk; ;''`h, G� ,r.t�.'i�� This page intentionally left blank This Rage intentionally left blank AREA 5 . 750 VN17 SR ASSISTzD CARE DEVELOPM,". -- :Cf/i.ia,\S�rD tEO:A'LR ( r^�IIS7N0 CCr/.VINOPfN 9wQ AAMx✓O :4_-A•YG•a. MD"JARY r.�awswac.rxcoxAllAA]v.,Pcl naxai4a+� I CCwtesrE SAGE+ C IaA�Y ( co»r aAACi f1A:v\A. "'1 CQ'M;rIOaLV SAAOe ],y.uww-ttl o. ra SA.r. AL rlv+A-ewzvrAce :onov.mM.�eF.�tRla.rt '•-I AREA 1 =102,307 SR I PMrt40 851WMR� AWWOOOO� AIiOVDS] AARAhO!71'YA'E I fr�El 5PFPAM!!7- TSaPAC"Y.o-r.4 AODrZ,Nl. ?ODlia]NA. GISST S+'wC95- :\E7wCie t7e✓'Mt 1 '9L0"J:A: . T.:.owpiB VeOWsel 90tirAWlOvwy.q I ARIA 2-S-eN10R A7'AA7V.Fq SS � r_ J . I IDTAA7A +uxs ai(]�•IAO TMKtatT •�( � _ ! AREA C�ft ON MD�vOpCE ILw?3�\Y7 ?IAIs `Y.lt set 2 YbCJUSE NI•.nlWS90C�wK4Lwf0 eAS»9c,l�A _1w,753 SF �'- 9bd•N ".Icu,Ape f3.31AG-S) cow&A YAock Oi..70C SENIOR ( c•r21r u I:noes APARTMENTS �--_ 9�x0 a� ,s noxi i 7 .9A/t9A Vy fRJ ap ••R (IS tiI 70R 11BA 4 O50 sA 7E �0%J � 9 ` J�T.;Iy +e �rvrtF 0/irrvACE as+wA- vClC•\aAAci It.:'eai,(,tSl-IM. Ef. PCA K.rI: � ��� r.�vwtt o+Ery vwc_ loress. (nH-n a.stRlasn p-a&�ElJRAL t 9:CO:NC'S I r x enaa Y• i- vY.AeA �. 1 � ' PAH1tLW SLA�hVAAY ra0'd0)MAAN � aR unRi-I:•/p+Le i ".'aaa mTV.>:Cs, I asA(:Cs!Asuurs- tau.• CVEic AAma,O- :A usne -- W AREA 3-F3 TOWNXOMES $W1VJnY ttr:M^J. lt.la06:;9._•RAq 11 D,iAC UAYr 1 cart* ,..9 b10•AF VwC--XA' 3CJWQ .Fa05.. I %ID ,w.¢E;asennrAOSv.-�aua:wosr.Ao!1 as<_.v.raa� rtV. AA0.T�p tA.wNNat1 o\Awc .(sassos a•A¢e9nn.-ee..ccs.a-va:]paom .OTK II SRACtJ a(+t A£O'JI (i.•\{VL/V (1.M�N�_L4MMW+MO aP. Ptl WR AC[l71 a1Na• Gl1I•t.Mla-eM lr, •iAOrvR � I IMPERIAL AVE. row+:« sl I F;R, ( t i, i' I i lit I fli _ l UI LaGENDs ,t �� ��/�p�//��/]�/`!`O-� .KI(','L-",AR: n'6'4-)'1.•R:OW04\GiuS I 5 I _�1: >�i I a-i�.l ICI � L`!I ��• r , -•\.,I SPECIFIC. FLAN S1FE PLAN OPTION 1 i I ��Ili m=yr I, '� L 1• 160 JWIT SR. ASSISTM:AA-/ YY I� LL �I L �:� .,, - q $ o I ! j 9ENIoA ar,aaTyiE�r, coa�Ps.Dc �-� "�`''"TO I '•1---•1 , EL S£GUNDO USO RFO N.20 ACA L ; 1 i a•LC. R('.ANL AVt40-iLSWJIM ZA �I� II I ( II� i ei T•� 7 e rwsA I :.--J ��•. `I I a�e:.:al 1 {{{1 j >\RAFVEfYFUr'i=S,INC. WALNUT, V I +wae aro W10•Cp NCIiC01m Art:.*.f;Ef]5, I,wP 1 ae: ti, :s0ees.. �. +I.an•.r-. r-. rJ� ! � •I'_� r'J� :-T—�.� I� I `✓ as ��c� V + aeate: r . eV.11• :oaw sr.�•>: n 0 40 6U '20 1CD 0A•COnJp'V.:O-C Lf 1 This page intentionally left blank r e/ IMPERIAL AVE. Aa"-.-ISOL'NR 9,L ASSISSEO CARE DEVELOPMENT _ �. '--' "' PARKING LEVEL SUMNAA" YE.ec4E v4e AAl" - IS450 SFmI cO. W*MtA ,. LB �1571NG �nC.•CC ] iwevl ef,bwlL MORTUARY ,ia IK,L` momsu=-C/t 1'J4T, .1a1+aCf, tiea, - `,t V.�a.I IER i�^j9- •a aiiC:, bOvl �f ai.ca,l bsMV<1sYaf�s'aa,.'S p I nmb, Io:a, P,aroeepeSin3 Ntlutln ONC,ewa AREA 1 �.� A*SP At46ryp A9Ep 2 • SSNIOP AaARITd-cM5 CAILP PAPIONG LEVEL SUMMAFY 1'TtlC�VSCAR:A-Qt'tp29f, (aaa/ r J .Acvx�aAs.hlp — 1 SPAcz*PEA:9AuIm. :S 10AU.7SF aAAKf --A1f3. SENIOR AREA $ -AS TCWN4OM6$ OON00I . APAR- A WS 1 PAPiQ.14 LVEL sk;mwjvy ♦JIIL USE A.u- 0.212 V.(am i A•� - I_•1 PAAlara i;nwrAAr � J_ u dV4VL .wvrBsaYir_sllar..a ,M9v.0.iooe -- aq'� mosmNaa ptiaatsn4 ., ,1„�i.i .IW�afa n,7%,w -ESIDENTIAL Hale: u,alarexee was mcnn.star.ww i 3JILDINC+S I, .. 1� _ _I� I• !sue 0a L!CD _JL) .1 Y r�r�'arlio um® �1 ��ii' 1SI 9OX.<- %SIt,•, Ip Ea0smmr, Lw^EN95 ^1;ICA:s aL<S PAgg.W j 1 i ' �l •`J SPECIF7G PLAN SIT-- PLAN OF, 1 550 UNrr SR. ASSISTED CARE / t SENto R APARTMENT CCV..PLSX 1'•+—A I I I PARKI NO L_.VEL PLAN tas+tAt� 1 I ' I EL SEGUNDO USD RFO L s I ! e�E,lnEa...+n.vsas_r_�oa�. _ MAR VENTJRES, INC. aaeawe, Nft.Bx.tmrxwpe� a * p,a tllam:a —... _—..___._. MAIQ1aY Eeslcam Arcniscra, LLP .r.e• ,' .apt• iv atn_. r -_� Q w I--•--- co 1 x �, a>� 02 o,s.Osas•.,.�,a r A - ASSISTED CARE S£OMN B - SET'IOR CONDO / APARTMENT SEOTION 0 20 40 61 60 SPEW C PLAN Sf+a 9_AN Co'r$QN 1 t50 UN I SA. A5515i r-D Cax I . SEMOA APARTMENT COMPLEX SITE 5?CTIONS EL SEGUNDO USD RFQ vn s. eus'u.: Mwtuc. %no%nW. w CPVEIOGEA MAR VENTURES, INC. »sow.,Wo ¢.%ce,c•:d.un..cu.solo+ tusow-0$ —il A -. "*,W.m A�cMtteccs. LL? .^.s+w.:q+t+w. iw.n ,hroav f fy7+ H.S0+0 RiMaoat WRa�� �0.2a+` SHADOW STUDY "•�� ae,rr PAODOsao o Noon nes•.s�M� if �.t EAST]NC @ NOON PROICS_o ta' S,00 W 7UGTING @ 5,0015U I SPECIFIC PLAN SITE PLAN OPTION I 160 UNYT SR. ASS1376D CARE / SENIOR APARTMENT COMPLEX :UN AWLE STUDY EL SEGUNDO USE) RFQ 0Q'ONP MAR VENTURES, INC. "J'.OITL1."YS WA'MO MOLroIm AN I.ect9. LIP riff fv. Toa,saw aRarrT,Cs�OfOf rw ppry�.p.�f !spi:tt tlTa'.p 0Ow.0.0.1 eotf, ZOm DNSIVVah%]J.m O C7 4, e,maO+T. Y•R<IL 4••� K fv7fOY( I i PARTIAL SECTION —2 PARTIAL SECTION-3 PARTIAL SECTION -4 PARTIAL SECTION -5 . r--t J 7 rv` 'fir '� ,•� d �/r c`� ' z�-%• L -f 1 L —' I =7 C le i rI 11111� I Cie SPEcunc PL r,, SrtE PLAN OPTION 1 o L'Nr S=-Aw..lsc t PARTIAL SECTION sTuDIES r fp EL SEGUUDp USD RFQ 9:D:. Ad'>wt •rJ�t 6 aTS Y `. G DML0?EA MAR VENrTURES.INC. xvr L— crAs,••_.o ]osowsrs...+oaralee.u., soa]. t';ar ra.:.a,=4 /v Whh"- AaIOOWMA.ChtOM LLP V . , s,o•a. G TX.c+ soar r • aa'•c 1 a i a+ttron�..,o,xro05 9.9 PiL:Mfl, � �:'f �WM, 9fMi tl WQp��gluV 0) I Y ii I �iyl 4/ I ;i PARTIAL lAL SECTION -8 PARTIAL SECTION -7 PARTIAL SECTION -8 1 PARTIAL SECTION -9 -i' ;I'I-i1111i11il�lf�'r. I iIL? IIII:i.IL1:: i�7_ r—�r - -I .I 1 i C SPECIFIC PLAN SITE PI-AMOPTION 1 i90 CLVR 84 AS�� CARE / Wr SEMOR APAFTMENT CDM.? Ez u i PARTIAL SECION STUDIES -- EL SEGUNDO USD RFQ l.:9 61M .%VK —NY VLEiO'.FLP. GL �w:L4 Ji NIAR VWllJIRES, IN =939w.t1�^ LR� -01C. h"vW. CA 6CEOt *lafq 9C.Qjti W_ ejw .no:eWm A.-ChltEots, LLP tM-iYq'.`C•�•• Q ilM94+ yR: vA•C a0,1o:+ e� M. flM® UNrr s - unit plan A112A GROSS: Sao N a.RMA N6r, 5$0 aJ BALCONY; 86e1 UNIT" A - unit plan AREA GROSS. A92s! AREA Nr. 39' At 34_CQNy: 08' SPECIFIC PLAN $['_- PLAN V 1 150 U1.1T SA. ASSi5TE0 C4� 9SNlOp APAA7MEnT COIJPLEX --,)CAL LMIi PLANS SENIOR APARTMENT COMPLSX EL BEGUNDO USD RFQ 'w0 E bY,Jyy,AVy.Ly, {. oN6pd '"AR VENTURES, INC. W7thle Makoln AfCfa& . L'_R I ^--n J I ,M.CQ/YC. ta: q:P.:1J.1�y Fax Otp:t;.°yy %ail. ,iJ'- ,•.p �rt0_!'°° 09 �Niu. x;_ mx. x,. } UNIT D - unit plan APRA =066r ded:i AREA NET; 866 er dALCOW. 62 N UNIT C •- unit plan AREA 13PIOSS; 805 st AR'eA N'.T, 560 At SALCONV; 30 s1 SPECIFIC PLAN WE PLAN OPTICN 1 150 UNIT SR. ASS1STeD CAST- / SENIOR APARTMENT COMPLEX TYPICAL UNff PLANS SENIOR APARTMENT COMP'LtX EL SEGUNDO USD RFO a10 � M.{q4 wvexn, S. c!C vY.1, u PNo�AY.F MAR VENTURES. INC. L7aK.tc�.n «3sf 1CT Mw. G, oaaoa TP�4 •tCC! WdM* W.0.01n1 AmNtects. LLP tsn W., ¢r.w s . S cmrr. . t�C +a�rq. Araaroe 0 1 y«. pCee�r t0. L01) e D t2 .. 1 OxiY.acv: Ta, wct sc,amt UNIT B - unit plan AR=A Ga0M 029 SI ASEA NFT: 663 o BALCONY: 65 �( UNIT A - unit pl2n AR?A GgOSS: 536 s! AA.A NEi: ESS a' SALOONY: 739f SPECL'IC PLAN srE PGkV omN 1 t SO UNIT OR ASSISTED CARE I SENIOR APAM MENT COMPLEX UNIT PLANS SENIOR ASSISTED CARE EL. SEGUNDO USD RFQ 5.0 E. A z"'L e, JI '6i0.G OW2.0-M MAR VENTURES, INC. 1Na w..m:w A Ad t4 Te.rar. to NEN :nW McCam AmKizkAes. -LP IVlI*/ii� pia �� �au+o:uc, o � —e sa,ec«Q,ax+e l i- FLOOR PLAN - LEVEL 3 UNIT SUMMARY lfkt 1J!• 93CYm v N: A'14: Y.INUA7 A 4 T++ 190A- 3 BA I,+eesl rBe, 9 Yh 5BpA.49A l.leem 1l0a' 2l by sale TpfA: ytil;s; a T FL00R PLAN - LEVEL 2 r ;we+ear p�rago Y " Ee,1 �+�.'y nya ldttrl,'N ua G pare�e �w nw• a� 6 nvo nar vatape ¢ FLOOfl PLAN - LEVEL 1 SPECIRO PLAN SITE PLAN OPTION " 150 UNIT SR. ASSISTED CARE 1 SENIOR APARTNISNT COAAP= R-3 TOWNHOUSE BUILDING PLAN .4 plex EL SEGUNDO USD RFQ s�=_. An•a:,: Awe. e: eeou,ua c� G R•SLO?6R MAR VENTURES, INC. ow s n,m mmm$ Wrr.00 Nsl Vim A-elilteels, LL? rr T 1 xt.Z e ✓:w: `r T::rSf ua.:•.p• A{MJ. W.B. UTI, .n., G a LEVEL 5 LEVEL SPEL'F1C PLAN SITE PLAN CPT%pN 1 1 SO VNr $F_ ASSISTC CAM / SENIOA APARTMENT =Q,1PLEX s PLAN A - R3 TOW NMCX4ES 3 oeavom, t bath EL SEGUNDO USE) RFO "as, W-cm%-•VtVt M Ltwoo,rA ON%.W _ MAR VENTURES, INC. sosow,,rl.,.r sa,.srmuwc.� rosac -i�.m maw N. �� VliR@ hIJCgIm tr�h;;HCt6, LLF -V >�v seats un.uy 13 +Doan �azat LEVEL 3 LEVEL 2 SPECIFIC PLAN SITE PLAN OPTION I 150 UNIT SR. ASSISTMD OARE / ......... SENIOR APARTMENT COMPLEX PLAN S - R3 TCWWOMES LEVEL 1 2 LeN001.1, S Min EL SEGUNDO USE) RFO &D E MO'edt AKulli[l f[OlF.7J, W ^.�—O� MAA VENTURES. INC. T ptp 76?tA7 Wi�OV)/.Ak�hT Aro Sects, LLP �j1 r.f w.,qr lwi i ww.nrm. 'aP,b2,f�1�5 .G Aq. •aH�smc 1 0 w d 1;( 10 'J�1i:Ocdar'0.l9H 4 This page intentionally left blank This page intentionally left blank �'- YPICAL MULTI -FAMILY sueAOKS j Eromo I MORIVAT• {{I it I P�ANA ir w ` 1 � 1 of TYPICAL 51NOLE FAMILY SETBACKS BeAJ!: WA e � �tl FIRE 0EPAR; MENT TURNING RADIUS �•' ` outsTPAama�ra, j �: rri I OAWME f I ~ ri I naYa'f 6faET +j > TYPICAL PRIVATE STREET SECTION ernle: Y. =o-c SCALE: I W C ' D •IO sC 1t0 'SL` �HAAQ AREA it M^r�aAiO �d2a1Y1V1::0.O Kr waDt•oE 11�NTJ•1:.W0fJ. ]7:PA:711ACA: ,bTAI J`1Rf {i00:-06t S: �N::S �aMO+'atM 0U�9aaa MEOr::2r 0WIO:<OPEN$FACE OAND$CAPZ VE'XIC=uWAA.A0iL'-OOORXA C=APEI CO3•;1a n,:. 6A><ACE: L w>fT$ �] KAC-.t / Uv7 < is SaACi3 ru'TTT: Mb at0? aut51• ri saAr_s MS�1nD1] CO .gyp. CO VMON OPPN $CAL 6VMj xiY I200 SA P•e2. WT 2:OD, PO O! 7,0E057.1]?f110 S+:OD urzl u�r. R.7.02 1,i1. s1.110y/S own'es. or. Of.. no Zr FO-G 1,9Z 9J. nAil l$wIR$.27AY7.► 4R zc R2.0 1.2.1$4 vON 16 YNRE.'m AF. XR:Y R0.O6 1,S12 S.F.OA k 16 VNMS - 92 A.F. Pia J':t• A]•110 2,012$.P.w.410 Lrwrs-S0.&;. PER.••T' �SUMH.AAY-Al-SINM.9 FAIRbY hOWMS wl_\^w ND. ARlAiF 0.9:l PAvl:�Av!\:h42+ R1 V: ),]00 S.F. :.EJ: •:;<OOaJ Rs 00.17 E.•..ISJJ. :,lC..:•<20 Y.+. Rl tY2A f.!67 V. -O-AL tACS (R: oiwhl Lwrs MA7gC2J t:Y-Os•Ar1LOM10b•O COMN.ON OP2NSPAC"AN" APE' V.OA JSCAR=A (OV DOORY'1aOSYl.P!1 5°.0!A S F. PARMND S=yAny EN:SDSS26.AA.0!' to 6wr Q 2 V-wc1.�.. 4 S�Zl: MAa�tiAT Oa,NiwA�i ]A AM"0]}OAC?A:LW A6 f.W., STTi3-?AWa ck 265-ACAS 1TKA.1b;1G 1:'d�AClS COMMON OPEN SPAM SJMMAAY LOTS 01 •:+ ^,.<eaF.r.e LNCS • •,»; .S,n <27 r^ZP AvEPAGf t SPSWIC PLAN Sr_ec PLAN OPTION 2 34 TO WNHOME 124 SINGLE FAMILY UNITS EL SEGUNDO USD;gFQ Sa0?, W-!r1AL U 6`OVNDO. OA O_v LO SR IMAR VENTURES, INC, 050 w.:73-✓51. !.AO 10!*. Cs, CA, 2M0A T f0•C� iC•�:2 W'rthee MSICOIM Arcll it v%. LLP 22E: W lCOT S-Pa1 pMi42 Tiff .:D$ NO. A00601W O %AT�I Qmm., :0, :0:0 I . FLOOR PLAN - Leu`81- 3 UNIT SUMPAARY ....... A"ATC atc. A fe 7M tmd— GW ;26A 11A 4eS 711 4 SA .72vo 2.1 iae by.w. TMALL-11ft, a,— — i- FLOOR PLAN, - LEVEL 2 vw -x oapago MaA 20 &M ma car cm,300 FLOOR PLAN - LEVEL i SPECIFIC PLAN SITE PLAN OPTION 2 34 TOWNHOME t24 SINGLE FAMJL" Uhir,-S R-3 TOWNHOUSE TYPICAL BUILDING PLAN - B ale. EL SEGUNDO USID cRFQ MAR VENTURES, INC. :Dww &-uom-�ww.ck 06304 WfhCG -M3J00!l'n Arclnite=, LLP i 11 wlcllo=l. T et ep DAM 0�.. 02 I LEVEL 3 mesa pato 2 �r Oaratt SPECI?IC PW SITE PLAN OPTION 2 34 TOWNNOME 124 SINGLE FAMILY UNITS LEVEL 2 PLAN A - R3 TOWNNOMES LEVEL 7 a badmolil, 4 bail+ Mlie. NA ,TP.!¢aI E...:SEGUNDO USD RFQ SdIM .Alti AVL�i'L 6 CAu�90.0� byE_' UaER MAR VEN'i URES, ]NO, mso W,19r.14 SL. Ian, is-.- C, Coss. 4{a:q IC�_sh WhMee M23COIr1^. ArChitecis. LLP =11 W. :00e:S,re iuygrie�.-,s YVYr: 1Fv� i'-0' rri . qso I.'. 03 e � s l7 Rg Za:E;oNOMr12,:a:n y LEVEL a zr--' DQ '6� q LEVEL 2 LEVEL - SPECIFIC PLAN SITE PLAN OPTION 2 34 'POWNHOME j 24 SINGLE FAMILY UK -ITS PLANS - A3 TOWNHOM2S 2 ':e Iraorn, 3 baih EL SaGUNDO USD RFO MUeAR VENTURES, INC. I'.' 0,� 1{ Sft lot CA. V450 7 0, a? Mltus W-7h*9 -VOICCim Amhi'-ecls. LLP 2'ZSI W. a*, 04 'ta�el I�91 !�� �o riaius;cl �� ■alYji DI •w�uan: �® -1ARbtil iYlioi �1d1 L SPECIFIC PLAN SITE PLAN OPTION 2 34 TOM, HOME / 24 SINGLE FA.M LY UNITS SINGLE FAMILY - PLAN A 4 Dearoor;l, 2.5 bath r,,E00 - 2,400 S.F.) EL SEGUNDO USO RFQ 5ECE.fx 'W'aftt♦v,'E,C sm:t:7o, OA ' 7flV_LO�ER IMAR VENTURES, INC. :900 Wmm� SLY-. 108-&..-.. CA, 9C50� ` Wf,7100 M111001m Alchit0C19, LLP 1 V• .:ml w, *oi Sr 1 T.,A ' Cf noW TeL-now �C :06NO. F90 tg. r 0 e D 12 tg 7.iTE; Oelo9r :9, :Ot0 05 IZ-P ovm '-dx;'Zjq �-Woh SPECIFIC PLAN SITE PLAN OPTION 2 34 TOWNAOMM 24 SINGLE FA,AiL-'y UNFS SINGLE FAMILY • PLAN e 3 - 4 bedroom. 2.5 - 3.8 baZh (T.800 .2,400 S.F.) EL SEGUNDO USD A,=Q WAR VENrJReS, INC, Wftl'-Oe MaIC04-1 A-Cmr.ec-.s. t.Lp cs L34 40B uO. AoNu= 06 Al 0 y r c n a cr a i This page intentionally left blank V. STATE MENT OF LAND USE COMPATIBTLITY LAND U>C-r C0 T/P.1 TY T7 Ai �I_fl. Land Use Category j' Residential Educational Facilities Commercial Industrial Agriculture Recreation Consider- FAR Part 150 for commercial and recreational uses above the 75 CNCL. 13 This page intentionally left blank D 0 cD 3 00 IV O 0� ED D X Al CD •-x z _O 0+ (D X 'a 0 a This page intentionally left blank This page intentionally left blank This page intentionally left Flank Los Angeles Unified SehQal District, Plaintiff vs. CITY -OF LOS ANCMU—S, and DOES I through 100, inclusive, Defendants j This page intentionally left blank r . Plaintr'iff, � 3 vs. C£`fY_ DID LOS 'AiMMES, and DOES l }Lx'pitj l] 100, : naltiS7.ve, Da i end aat3 . A0, 986,11116 Plq.intiff ) vs. ) C:(TY or, X.0:3 AMGRL>i:S, and DW1 7. ) through 1005' inolusive., t•1MRBAS, the pl.aintlf.is Los Angeles Uxilf:�ed Scboo:i_ D:i st:lr:l.ct3. Inglewood Unified Sahool. Distri0t, Gantinela Valley Union Haigh .Schoo_i: Dlat rlct, gl 5egtando i1rArted Sahovl Mstr ct and Lennox School. Alstrlet Yxav-e brought tlxese eorsol.idat:ed actlona 'under the ibeorl-ar, or inverse 00"ClerISY1aion, trespass, -nuisance, dangerous aond` tloA of publ io property and negliepnce against; ,the derendaxxt' 61ty- off' Los Angeles seeking damages Por the alleged • iinjurxes to p'lainti-Tts s xeal property and i.ntex:'ex°6nee vlt'h plaintiffs' _eduea,tio-aal programs ,i r. caused 1.y no ii3e, vibilati.ons and fumes emanating from thO jet alrerart: using defendant i a Lop Angeles lnGernational A:l:x- ort f'ao lllty; and t•1HEREA3, the piairit:iPA s al.l,ese i.hai; 'tbe landing and take ofr operations of the jet; aircraft u:siitg the Dos Angeles [3Yt;cx'!aafioraal Airport facility have eaused aubs'tarti.al -levels Of rn0lse, vV r•at;iins and fumes to ea'ater atld interrere with the: aul-ei; enjoyment of ' �• { 1 'Vl tom" • 1 • • 1 '•f r� 1 • i\.. ►!� �;� �in�( riltr d herein t>y and beUwecn tile: plaa.Yrtitfs, I.�JS IiA;C=�I,t�S Ul���lrf r• O ' SGftC3OT, D1S�i l'{]:C;T, :CNIGUM1O0D UNIFIED SCIJOOS, ��57'iiX(f�C; C ' 14Tid1ELA SIALL!. U\sION 111611 SCHOOL ll7STRI T, t'll SBOUt� "M UNIP:CED ,SCHOO; ff(' ST RTCT• an<l 20 21 ,22 �3 ?4 '2G 77 I:%NROX 3011O0I1 DISTRI:Ct, by and tl)rojAgh i"ohrx Ii. �T,a7rsa)7, Ctottnt y CoenwEt l and Charlea VJ nson `l`aekett .3 D(,-P ty (:au{rity Coi i�sc !., atwLo7°Heys of raeord for said plaint-iffs, and the derendant. CITY OTC' and thr augh DIU't Pines, City Attorliey, t4ii_t;on N. Sherman, C,hi.ef ABBist&ylt City Attorney Airpovts D'I'Viuj'an, a>«c� JZme:a tY. t'earson? Assistant City Attorney,. ati or_ Heys of reeordr>ald del`endanG, arid t'rze .court l)eint;• fully ACIVIsed i.n the premises; . r ance Oith ,.a.itl sf::Lptil,at;iori. records and Tiles -berexn, IT 19 HEREBY ORDBIT&U, ADJUDGED AND DE-0-REED: 1. The P3.8.5.nt3_xf Los. Angeles Unified School b1s4ri(3t is t:he 01"Her of certain parcels of .real property operated foj? 3e_j)0>3. purposes and romnionl.y described aa - Airport Junior Iagh SCtloOi. Cent;ux'y 1?ark School. Emerson Manor School Vigueroa street School Jrdhn (;. F+.romont 111:1i ix• School Samuel Oompe),n junior High School Y1V OU -4- X9000 Airport; $oul cv<+.a`cl Los Angeles, • GO-zl'ar. n:LA - 0935 Soutb Spltjning Avenue has Angelee , Cali,fornla. 8810 Bme?°g4n1 Avenue LoS Angeles, Cali foxexria 510 west- l.l1Lh Street; Los Angeles., California 7676 South San padro Sheet: L03 Angeles, CalAr-o wLa" 23h Bast: ll_?_th St feet Los Angeles, Callfornla V .n Parmelee Ave.!'a►.ee `Scho&i. 1.3.38 l�1sL• 76th- P]_ace, 1 1. T, r iP a-1 A f' rn' Z Paseo I3e! Be School. Raymond Avenue School Seventy--vifth Street School. Sevent;y--riourtfi Street School C Gorge lfTa&bingt`on High School Nestche-ter JJxgh School ;Toocic?�est ScxSvt�:T and legally described as set forth incorporated by reference herein. US L"p1£ C - y .... 7751 Paseo Del. Troy Playa Del. Rey, Calll`ornla 7511 Raymond ,avenue 1,08 Angeles, C.'ali•furnIz 3.112 West. 75th Street. 1.05 Angeles, CUTAforn:La 21.32 l;er t 74th street -Los Angeles,- California IJ30 East $5th Btre�t Loa Angeles, Callfornia. 1.0060 Ddnke r Avenue Los Angc:les , Oa_ Ufox=riia 7400 treat. Nanchostex" 1i�rexaue Los Angel.eo, gallforni.a 3:T5J. 11e�L 1C3$L•Ya SiJreE}t Los Angeles, PA11forrila in txhlbi.t "A" attached her. e.to aril `fbo plaintiff 1Cnglewood ilyd Pied Sefiool. Di; trj_c't is #:he acsnex of eearWkn pax:eels of real property operated fbr aebool PkIt' 3oses and commonly described as: Hudnall Elementary S041001. Inglewood High Scbool [dL11.1-aTn 1",. Kelso LleTnentary School Relso Chi3tdr&P- Center 80 331 l-lest; 011 ve' 3ti etit- �Lnglevioor�, Gal.ixoxrtza, 231 South Grevillea Avc>bue nglewood, Gali.fornka Bog Last Kelso Sheet Inglewood, Calitomia, Biy East Kelso Street Inglewood, California E A E ' ,• `i'ho pka3.ni, t t_ G1 Se£;undo Lni f-,Led School T)1_20;rice 0"Mor o#' (,,erta:in pareels "of real ProperL-,r opera�ed fob cclxr3cyl Y)X"'t OS" 011d 4DOMM0111Y ()escrihe-cl as ,1d111inistral:3.vP Of. aC- Centvi- street; 5ctwc l lmper,Lai School Richmond Street Sahooi „ JUnior High School' high Sahoo:+ i� 30 r� Ada 1,, times Woric 1rraj.n3aig Centex Development: .0cntr:r for Hanft-- cappe-d minors currAouj xm Platerials Labo»Eztory 203 Ricbmond .Sbreet j,"I Segundo, Vall,t,om;.a 700 onnter Street: R.I. Se-Warldo, Cal 1'ornla 5� 0 Imperial -A" 'ronue . 6j.5 Richmond Str-eet F-17 Segundo, Ca:t.a rox, nja 332 Center Street R E1 Segundo, Ca-U dy-nia 64o maty, street L Se �;Earado , Gal_ i'orzEia 90 flip Crest Sf xee e B1 ,5e �;ur#Cto , (rai ra?gina V759 Kaaala_ Street 91 Segulido, Cal;lfomta 239 ri anklln Avenue M Segundo, aiftitforn:,a and legally cteaarlbeO as set'; forth -In Exhibit 'E37" �xttaohed he3.e-to and incorporated by reteronce herein. The plalpt lff ' Lennox Sohool D istriet: is f:he . ozrCl@1` of • y Certain paree s Q,l' real property operat6d Por school pUrposey and , commonly described as BUrord Avenue School. Melton Averate Intermediate Schoo). 0 _.. 4919 Ueat 109th Street Inglewow, California 10417 Ve_11;6n Av-r<rzue InL;1ewood, 0"111_fornia I 2, The de-f e'ndant; City of Las Angelos is t,be owner o f certain parcels of' raai prope-Vty operate•J by it; ror airt-wrt, pu-po .es under the name L.os hr.l;ele.i Interriat:loral Airport, and bearing t:kap co)amonly known address for admiriist:r�itive Purpose., fif ] World Way, Los Angeles, California. 3. the nature and extrenf. of the a;i.; k` easenlenf:s to be granted to defendant pursuant to t.hla Judgetent and E. Final Order, it is necessarg-that; the description o:C suc;h aix• eaoeme nt s he rliade in Eiiiant;:iGa t lve engirieex-Ang t(3j_ anq setting 17o- `th specific levels Of noise exposure ttiat Will. be permtt;ted VSLhj,n, the scope of the air aaaementB _ The qr lt:o-rion or gnantitatlye. Me? ICxetire of noise exponuro used for the purpO,e Of de-scwibing. and eaiab� Lis}al.ng the: air casements granted mere iri shall be the Community Noise I Equivalent Level. (CNEL) methodology as autbortzed by Altiela Chapter !t, Part- :!; Division 9, Public- Utali-ties Code off' .thy: State of California and as contained in the Cal:U: ; nla Adminj-st;rat;ive Code, Title !t, Subchapter G, Eloise Standards. Said nol e Pt:andards are Those in effect, on .dune 2I1,_ 19'1 ` . 'The CN L value , for t1}c.> aaix> easeraent;s shall be inea:sured, e-a:lculated and estab:L: sh6d by i:he proredurer, contained in the "Statement of lProcedux-es for Det:eriiitn.ing CHEL and aYay Surcharge Thereon" whiab :is attac,hed hex•eto' as 13xrAiblt! „T" and made a pant hereof. Vhe ar►d informat-ion that are to be used to determine, actual CUL, Valdes at; each of the Individual parcel; OP real property ;are set; rort.lx -.Ln said Exhibit; "R." :i-.q t;iie event: there is a olatmed surcharge ari one or more of the caaemonts granted bare:i.n, the parties nhall iAae only tha procedures set_ forth in Exhikb -t: "IM' to cte-tert 1nr-- Llie 6 ' (SyO;€ VI) C0111,0l-LI-l' fiMW;tY.s 251,17R and 2j1:17L an(l ldortli C:o-tlol.Gl 3 unway5 21IL/6*R and 24h16C,) by att-eml t.11.€3g ],tort' c-given-Ly f;o btilance t l)e nuN bcn, of such opp a`iL-io s coYt('ttteted to -Wid ti rom Hach runway complr.�x. The de,fendant --hall have the option to so modify _Lt.,, opex-at:kons in the rut;ure ar_d shall be awarded the easements necessary to a.ccoumodat:e such More ba.tanced operat;iotia. In the evert: the defenclant exerc9.sas this option, the air easeutentts at each of t:he several pa.rc:ols ' Of Property of t.•lte plaint;lff.,j shall not exceed the respeettive value,, set forth in ttie t'o"Ah column, ent-VOLed Maximttm CREL, db, of Table 11 attacheet to and made; a, pax t: of EXI' lbit "R." Defendant- shall. gly-e platntr:iffs aix(,y :� 60} clays' not lee in writing of -its lnt~exi�ion to exere3_se this option. If the defendantt, exercise.: the option as set ] cwtb above, that exercise nhall represent; an :irr evaeiable det<ei,minat ion o„ the ease,mentts granted herein and defendant sh Ill riot- be allowed to return to the -easements set fort.t� zn Table x attached to and matte a. part of 't xh-lb1t; u b. The easements granted' berein speciflcall.y exclude the operation at Los Angeles International Airport of. (1) supersonic transport eate or•y aircraft.; anO (2) any Vetr type or class of aireroXt manufaeturea after Jatluary 1, 1974 that exceed the no:l-se-_ etunda-mis in effect on Juric'24, 1915 .for the :list€anoe of type certificate, fOr sub.xonio tx�anrporlt = e,eteFrory odxcrafits Title lti, Code of Foderal. Retitila.t:ions, Chapter 1, fart 36, or• in the Stand�ir(Is and Recommended Practices - Aircraft Nolge pur_ s,uarst to Annex 3.6, --1.2- 1 .)''i`%}LL,3.Y'C?t}3t�i7,} v.• �� .L$, %ti11. ( 1�.)rl};C'.d t:Hilt the fi(:i(;11C. anl. �.ft�t�lrc� n rfort" (-XLo is ive cdIvitrttction 1110dif teat-io?is, t[Q the south 3*•Lu• lays (Punways 251,/711 and 25;1/1L) and the Sepulveda tunrlcl. Sucb constiruct;.-iott ,•rt1:[ reguir8 the c1o:;t.lre of bot b run+)ays, hotlevel- r)ot at the same t::1.me. Wh7.�_e each of t, - sauth runi•rayr, a s closed, ad(ij,-- 9 t3 onaj trarfjc by neue Salty tvi ll be, placed upon t i-)e riortit rtZrmayrs (llunr:aya 21?L/611 and 211RI60. The overall construeti,on period .Set saboduled to eneompa is several months and shall be necogaizod as Fz do vial;:Lon ta? t1i�i3 the provisions of thin J dgllsen't and Fi.na). Order. G. The air easements awirded herein to the City of Los- Angel.ea shaXI extend to any nets schools constr. ueted or add3ti(>U.% to existing a0hools by the v-a.r. loua School cllstri cts represented '.n the suit and the respective plaint: UT sc 1-1001 dln Urlets have ti-le responsibility to so construct such nevi fa.eiliJtiLes in ,ueh a vtanner as to exclude in thfc e)_assroorrn any object_tonable leve].a of nuif.se ar.•eated by the Operation of the defendant's LO,-q Angeles InternaW.Onal AAiy>ori; to the extent of the easements granted herein. The extent of any such aver easements applicable to Such new schoolo alhall lie mutual...y determined by the parties hereto using the procedures set— Porth In Bxhibit 'IF-" 9, upon pityment of the-, Otal suns of $20;942,298.00 to ttze Gi_erk of thin— Court: for the ben:ef_1t, Or the pla;Lntirj's, the do.fendant City of Los Aneralea shall be awarded •t Ste air ease-nent;n deseribed herein. Said total_ sufa shall he distX-1buted by the' GJ_el-lc of the COLArt _Ln VIarrant:s as fol_eow%. 803 3� f,tr�oClt£`_i.c�it.�azzs ha tilt>Lr Iat•17 ,c as to r;>ctur,e the noIs`0 toveis :ir► tl:o c�a5xsz�nUizza -t?e opevataan c�� GozzuaaxaJ.a=f -let a.i.roraft to and and af, #,os Angeles :faztoxn��F9_Un��. �iiz'pox�t - l.l.. EJpofr payment., of, :ta-_w sum into Court._ for the benefit o� G�ae r�;t.aanf;3.lisa s2I. r�i the r.l�lns made bar arild p�.alnti-f#`s .for prQpc�x'Ly damage and/or the ta.�:Izx- of an .merest; in thei respeoLYve res fully satisfic, . pro;en<3l i?, The srizoo i districts ,were in are barred forever from bringing-a6diL.ioxial suitb against 'c3)e City of 7,or3 Angeles _frorzz 1;1)e use of the air etselnerts Ye-?-Pec L tng operat tons• of jet aircraft to and and at International Airport under- ar�y theory o recovery so ] cskxo sa tifze City of Los Angeles does not;• oxeeecl the air easeznexatcs _ ,ranted herein. 13 _ The purpc Se for t'1h' cl; sa3-d a:'-r eas0:rzen:ts >�r� concie2nned :is for an aixpox t, a a�til� G use auf klc�r zoo by acJ, and a tsalcing of r>ald property 13 ;►ecessary for suoh Lisa. l,4. The amount to h& de,sonited Into Court; for Llie benwi'it Of t1le p7-air►t:l�'z�s as des,,Wtt�ec? here�.n and thx'o�tah the pxyoceciz.tres as sO t'c3rtb bereln incLLtcle�3 all of p1ai.ntaz.MO attak' OY Tees, litigation C1osts and iait;�cast Ux'tzitiCd for the plaizztiifs and t;ota13y sat isfies plaintiffs' claim as to px'operty damage o the i:aic5.ng ci an 2nLex'ese; L'her�an_ �0- VIO V` This page intentionally left blank 4.3 NOISE This section evaluates the impacts of the proposed project associated with noise and vibration within the City of El Segundo_ It describes the existing noise environment within and around the project vicinity and the potential for significant increases in noise and gioundborne vibration levels due to implementation of the proposed project. Data for this section were developed based . on field investigations to measure existing noise levels, a review of current noise standards, and noise assessment methodologies, including the Federal Highway Administration (FI-IWA) Highway Noise Prediction Model (FHWA-RD-77-108; PHWA Model), and others contained in the Federal Transit Administration's Transit Noise and Impact Assessment document. Potential direct and indirect impacts resulting from construction and operational activities associated with implementation of the proposed project are identified, and potential mitigation measures that could avoid or reduce impacts are recommended, where feasible. Full reference -list entries for all cited materials are provided in Section 4.3.5 (References). Two comment letters were received in response to the Initial Study/Notice of Preparation (IS/NOP) circulated for the proposed project, one from the California Department- of Transportation (Caltrans) Division of Aeronautics, and from Los Angeles World Airports (LAWA). These comment letters expressed concern regarding the exposure of noise sensitive uses to excessive airport -related noise levels. The IS/NOP and comment letters are included in Appendix Al of this RIR. 4.3.1 Environmental Setting 0 Fundamentals of Sound and Environmental Noise Sound is created when vibrating objects produce pressure variations that move rapidly outward into the surrounding air, and it is technically described in terms of amplitude (loudness) and frequency (pitch). The standard unit of sound amplitude measurement is the decibel (dB). The decibel scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound. The pitch of the sound is related to the frequency of the pressure vibration. Because the human ear is not equally sensitive to a given sound level at all frequencies, a special frequency=dependetit rating scale has been devised to relate noise to human sensitivity. The A -weighted decibel scale (dBA) provides this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Noise, on the other hand, is typically defined as unwanted sound. A typical noise environment consists of a base of steady "background" noise drat is the sum of many distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from, for example, traffic on a major highway_ Table 4.3-1 (Representative Environmental Noise Levels) lists tepresentative noise levels for the environment. Cily of t=l Segundo 540 Eost Imperial Avenue Specific Plan Project EIR 4.3-1 ■t GVElfi the Community Noise Equivalent Level, is a 24-hour average Ley with a 5 dBA "weighting" during the hours of 7:00 PL1.1 to 10:00 PL,1 and a 10 dBA "weighting" added to noise during the hours of 10:001),m to 7:00;1L,•I to account for noise sensitivity in the evening and nighttime, respectively. The logarithmic effect of these additions is that a 60 dBA 24-hour L,q would result itl a measurement of 66.7 dBA CNEL_ ■ L,,i,, the minimum instantaneous noise level experienced during a given period of tune. ■ 4—the maximum ins tant%aneous noise level experienced during a given period of time. Noise environments and consequences of human activities are usually well represented by median noise levels during the day or night, or over a 24-hour period. Environmental noise levels are generally considered low when the CNEL is below 60 dBA, moderate in the 60 to 70 dBA range, and high above 70 dBA. Examples of low daytime levels are isolated, natural settings that can provide Eloise levels as low as 20 dBA and quiet, suburban, residential streets that can provide noise levels around 40 dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate -level noise environments are urban residential or semi -commercial areas (typically 55 to 60 dBA) and commercial locations (typically above 60 dBA). People may consider louder environrnetrts adverse, but most would accept the higher levels associated with more noisy urban residential or residential -commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Noise levels from a particular source decline as distance to the receptor increases. Other factors, such as the weather and reflecting or shielding, also intensify or reduce the noise level at a location_ A common method for estimating roadway noise is that for every doubling of distance from the source, the noise level is reduced by about 3 dBA at acoustically "hard" locations (i,e., the area between the noise source and the receptor is nearly complete asphalt, concrete, hard -packed soil, or other solid materials) and 4.5 dBA at acoustically "soft" locations (i.e., the area between the source and receptor is normal earth of has vegetation, such as grass). Noise from stationary or point sources (including construction noise) is reduced by about 6 to 7.5 dBA for every doubling of distance at acoustically bard and soft locations, respectively. Noise levels may also be reduced by intervening structures; generally, a single row of buildings between the receptor and the noiset source reduces the noise level by about 5 dBA, while a solid wall or berm reduces noise levels by 5 to 10 dBA. The manner in which older homes in California were constricted generally provides a reduction of exterior -to -interior noise levels of about 20 to 25 dBA with closed windows. T7ie exterior - to -interior reduction of newer residential units is generally 30 dBA or more."'''' M Fundamentals of Environmental Groundborne Vibration Vibration is sound radiated through the ground, Groundborne noise is the rumbling sound caused by the vibration of room surfaces_ The ground motion caused by vibration is measured as particle velocity in inches per second; in the U.S., this is referenced as vibration decibels (VdB). Harris Miller Wler & Hanson Inc., Transit Noire and Vibraliarr lifipacl Afse 1jent, FinaQeparl (AN by 2006). U.S. Department of Transportation Federal Transit Administration, Traurd Noihc 11111"etand Vibiwion Arsrsxvxul (May 2006). City of 8 Segundo 540 East Imperial Avenue Specific flan Project EIR 4.3-3 E I -Av Vl$ - 3-W -iMP - -47 k.o Si. . .... 07 residential uses are located adjacent to the proposed project site to the south, east, and west. The residential properties to the south and west are elevated above the project site by varying heights, with a maximum difference of approximately 20 feet created by an earthen berm on the west side of the project site. These residential uses would be considered sensitive receptors with respect to the proposed project. Imperial Avenue East of Main Street Imperial Avenue Last of Sheldon Street Imperial Avenue East of McCarthy Court Imperial Avenue East of Center Street Imperial Avenue East of California Street Imperial Highway east of Sepulveda Boulevard Walnut Avenue East of Sheldon Street Walnut Avenue East of McCarthy Court Maple Avenue East of Sheldon Street Residential Residential Residential Residential Residential Residential Residential Residential Residential Maple Avenue East of Center Street Residential SOURCE: Atkins f201 I) (colculalion data and resulls are provided in Appendix D)_ 48.8 47.8 48.4 50.3 48.8 64.0 37.8 40.6 47.8 48.6 As shown in Figure 4.3-2 (LAX Noise Contours), the proposed project site is bifurcated by the GS dB and 70 dB CNEL contours. As such, exterior noise levels at the project site currently exceed noise levels considered normally or conditionally acceptable for residential uses (ranging from 50 to 70 dB for single- fatnily and multiple -family residential uses). While neither project Option would result in a substantial, permanent increase.in exterior noise levels during operation, thereby exacerbating the existing condition, both project Options would increase the permanent, noise -sensitive residential population on the project site. 4.3.2 Regulatory Framework Various standards have been developed to address the compatibility of land uses and noise levels. The applicable standards are presented in the following discussion. Special emphasis is placed on land uses that are considered to be sensitive to high noise levels. Typical sensitive receptors include residences, schools, childcare centers, hospitals, long-term health care facilities, convalescent centers, and retirement homes. Each of these land use types currently occur within the City. IN Federal There are no federal noise requirements or regulations applicable to local actions of the City of R1 Segundo. City of El Segundo 540 East Inperial Avenue Specific Plan Project EIR 4.3-7 lz "li �'Tl�}....�.. !^••(F� . �•� I{,. i � ..�•�. ra K. C O � � \ � j �'•�.f -fir ,.w`•!,--.-. ��3,..1 .1 �'+-'-t+c���•.•_-• ri.E .1,,•,,'jj,yyr tt �1�• i .irei!'i"•• �: •Y�l, p�Y U`W �4 • ..-- = 1_�'�i (, ,��♦y `�I_� .:dT. / : •� -�. I„r iJ`I �i�i•`^t. irt.• •,tt , .••1�+yj,�� >.. '. '�• .•!� `?- .r.:,� :�M 1.'-.�JC�r.—• revs+. ♦ .n'f� �.,):. , t• f ..r. A.� ,.� • f.5r' ►.... � • = t. �-�, 'iff�JS.?•�'•= y i i • 'si. "1,...i " t'r'� w.+i^'k" _. �I Z��ri 4�y �':� t' .�W,. Iil1l �il. �f.�^�C•'r .-J.,�..ti t. •.01~ �� � �:.��jr,..� .. :—� r��.'�fi,:a,-r'.t.'S��^i'1`%i'�i�-3•+•'i: -`�,��`�; 'i(it+ - I ...�. r_,t :�f _ •.i\�t•_1�'L'•: h-Z6:-..,.-� •� a .. 'tw�r.:' :..� .: P"� :i.�l=1.+.1J' t..i I - r t _a •.N!aI "• ~ �s .: - y,, i� `Y,L.cG'%�. .r ':...i.:j•^, __.'.r97tkG �, ; ^� - ,i•i ' .l • 1,f% .:r4' t • , .I., _ !_o -� .fT.:;.- ..�'•1; .\ .e `•yam- F^ s �^- S� -, :` i. Si �� !� nt "•;.)<•t.?.- •�r'�y ,�T -I•�� 101 �Gt.3t. • �"� 1 ^.s:�, I � t • • it 1't ,&qt1! j�� 'r ! _ -- y"•�.�' '.' 1 i ry I__ -may ^ ' ��' • �•. . �('r.-' sir • `7 :l i � ""1 f r� -r-.�. � _ - - i L_>.'v„�`�iie' _ t` r . t �,4 it=+ ws'--t L' .x } r'" •'" � . T4� - r^ '•sue s � _ . r-- y' -.f _ �_- •'O'- 7`d ��,i: A� ' .� ��� •'.,�.��� , '_jp�j... L � `I I. ,� - .r I �::^ • I • I �. ^• I _� ..V.r r� .; . >l ! i•• ice;,.. ._... ._ : " •.�;' ^"� _+ r � ". h L�,,,y,�:J,:.,,•.. t��1 . PROJECT ••"f• i., a )•M,w�a•' �: ri w GruY.aon �,+tr' SITE +� t 'i I•;l >il. �: -•s^. •IvT :t .h .}i,•L r '� 1) r - ., _T l ya::i j y`i"I',., ,j_ —Al �C;'t �• i~ 1 � i :+. �•"e log_.+n�.:�t,'y..J' -t :.•1. J 5 •�,�.jt. I __ 9jjj "f•7Y r r �_. ,r: ..11'1 r?-i••Ac �`•1 i1..•i r t-- , ul• ..rx, rMur—r tit, rip AdkAYIi AWI,IY?I�iCincabur l��y�••�� 1 - —••- ht.�•CrnR.n T • Ywk NmSw(]egWndhe'Irt.�Q ? O NA•cNoolmn(HcRo,ditL On'ICL•Ili Ct N • Q•OfLn , NORTH Jj( $GALE IN MILER i o Scumor: City of Los Angeles, September 13, 2010 IX:"Xa Flnal_Quzrtetly Repons\1g08Haxig09.apr). s Figure 4.3-2 LAX Noise Contours ATKINS LAND USE CATEGORY RESIDENTIAL - LOW DENSITY SINGLE FAMILY, DUPLEX, MOBILE HOMES RESIDENTIAL - MULTI. FAMILY TRANSIENT LODGING - MOTELS, HOTELS SCHOOLS, LIBRARIES, CHURCHES, HOSPITALS. NURSING HOMES AUDITORIUMS, CONCERT HALLS, AMPHITHEATRES SPORTS ARENA, OUTDOOR SPECTATOR SPORTS PLAYGROUNDS, NEIGHBORHOOD PARKS GOLF COURSES, RIDING STABLES, WATER RECREATION, CEMETERIES OFFICE BUILDINGS, BUSINESS COMMERCIAL AND PROFESSIONAL INDUSTRIAL, MANUFACTURING UTILITIES, AGRICULTURE INTERPRETATION COMMUNITY•EXPOSURE 1 r :0 Iaa, . PEI ISO��<; �■rrrrrrMEN r�l•r ■EMOIlllrlrl� NORMALLY ACCEPTABLE NORMALLY UNACCEPTABLE Spnoiltod land use is satisfactory. based upon 1ho assumption Drat any buddinps Involved ate of norm.* tOnventlonal New Construction or dovofopmonl should gonatatly be discouraged. It new construc co n constnrolon W;lhow any spealal noiso insulation requirements. or development dgos proceed, a dowod analysis of lho noiso roductbn roquiromonis must be moda and noodnif noko in:urar;on featirus indudad in Ihodostdpd. ME CONDITIONALLY ACCEPTABLE New coastruclIon or davolopmont should W undortalton otelr after a detailed analysis of the noise redusuon requirements is made and needed hoisa!nsulation foaturos Included in the desiggn. Ccnvontioro* consuuciton, but with dosai windn,v, raid fresh air supply systems or air cordcnIring will normally SuMrn. Sorrree: Office of Noise Control, California Depadmenl of Health, M CLEARLY UNACCEPTABLE New construction or dovelopdnunf should generally not be undmiakon. '— -- Figure4.3-3 Land Use Compatibility with Community Noise Environments ATKINS Policy N1-1.3 Continue to work with the City of Los Angeles Department of Airports to reduce the noise -impacted area around Los Angeles International Airport to zero. Objective N 1-2 It is the objective of the City of Al 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 Standards as a condition of building permit approval. Objective N 1-3 It is the objective of the City of El Segundo that the City maintain intergovernmental coordination and public information programs which are highly efficient in [heir noise abatement efforts. Policy N1-3.1 Encourage site planning to be consistent with the existing and future noise environment and promote development standards in which noise -sensitive projects and residences are mitigated from major noise sources. Short-term and long-term noise control measures should be formulated in a manner compatible with community needs and expectations - Policy N1-3.2 Worlc to remove non-confotxniag Iand uses (mixed usage such as residential uses in commercial or industrial land use designations) which result in noise incompatibility. Policy N1-3.3 Employ effective noise mitigation techniques through appropriate provisions in the building code, subdivision procedures, and zoning and noise ordinances_ Policy N1-3.5 Support a continuous effort to evaluate noise levels in the City of El Segundo and to reduce unacceptable noise levels through the planning process. Consistency Analysis This EIR provides the acoustical analysis necessary to define noise levels on the proposed project site. 'Ihr- analysis includes City requirements and mitigation measures to ensure that noise levels in the exterior activity environments of the project site meet City standards, including limiting the hours of construction in accordance with the El Segundo Municipal Code- The proposed project would generate increased local traffic volumes, and includes pedestrian walkways that connect to nearby transit, to assist City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR 4,3-13 Section 7-2-7 Slandards Criteria. The standards which shall be considered in determining whether a violation of the provisions of Section 7-2-6 of this Chapter exists shall include, but shall not be limited to, the following criteria: A. The frequency of the noise; B. The intensity of the noise; C. Whether the nature of the noise is usual or unusual; D. The ambient noise level; E. The proximity of the noise to residential sleeping facilities; F. The nature and zoning of the area within which the noise emanates; G. The density of the inhabitation of the area within which the noise emanates; H. The time of the day of night the noise occurs; I. The duration of the noise; J. Whether the noise is. recurrent, intermittent or constant; and K. Whether the noise is produced by a commercial or tioncommercial activity. Section 7-2-8 3fiecificPr#bibiYions. The following acts, and the causing thereof, are declared to be in violation of this Chapter if they occur in such a manner as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the area; and occur: A_ Between die Hours of 10:00 PM and 7:00 AM: 1. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound ampliFer, or similar device which produces, reproduces or amplifies sound. 2. Using or operating any loudspeaker, public address system or similar device. 3. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects. 4. Repairing, building, rebuilding, adjusting, or testing any motor vehicle. B. Between the Hours of 8:00 PM and 7:00 AM: 1. Refuse Collection Vehicles: a. Collection of refuse with a• collection vehicle in a residential area or within five hundred feet (500) thereof; b. Operation or permitting the operation of the compacting mechanism of any motor vehicle which compacts refuse in a residential area or within five hundred feet (500) thereof 2. Loudspeakers/Public Address Systems: Using or operating for any commercial purpose any loudspeaker, public address system, or similar device on a public right of way or public space. 3. Powered Model: Operating or permitting the operation of powered models. Section 7-2-9 Vibw ion. Notwithstanding other sections of this Chapter, a person shall not create, maintain, or cause any ground vibration which is perceptible, without the City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR 4.3-15 CNRL. This standard may be satisfied in two ways: (1) by performing the acoustical analysis described in section E, below, or (2) by employing the prescribed construction methods described in section h, bclow. Section 1255.06 Aeonlfical Anail sis. A building permit application for a new residence or addition of one or more habitable rooms to an existing residence trust comply with the minimum noise insulation performance standards established in this section if it includes an acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to LAX aircraft noise will not exceed 45 dB CNEL standard. The acoustical analysis is subject to verification by the building official, who has the discretion to require post-constructions/pre-occupancy acoustic measurement to verify compliance with the 45 dB CNEL standard. A. The acoustical analysis must be prepared by or undet the supervision of a person experienced in the field of acoustical engineering. The analysis crust consider and include: the topographical relationship between LAX aircraft noise sources and the dwelling site, the characteristics of those noise sources, predicted noise spectra and levels at the exterior of the dwelling site, the basis for this prediction (measured or obtained from published data), the noise insulation measures to be employed, and the effectiveness of the proposed noise insulation measures. B. If the interior allowable noise_ levels are to be met by requiring that windows be unopenable or closed, the design for the structure must also specify a ventilation or air-conditioning system to provide a 'habitable interior environment. The ventilation system trust not compromise the interior room noise reduction. Section 1255.07 Praraibed Comirive&n Methods. A building permit application for a new residence or addition of one or more habitable rooms to an existing residence must comply with the minitnurn noise insulation performance standards established in this section if the design incorporates die following construction methods. Construction Methods in the 70 dB CNEL and Greater Noise Zone Section 1255-08 Eweiior lFlallr. New walls that form the exterior portion of habitable rooms must be constructed as follows: A_ Studs must be at least 4- inches in nominal depth. B. Exterior finish must be stucco, minintu& -inch thickness, brick veneer, masonry, or any siding material allowed by this code. Wood or metal siding most be installed over''/z-inch minimum solid sheathing. C. Masonry walls with a surface weight of less than 40 pounds per square foot must require an interior supporting stud wall that is finished with at lease - inch thick gypsum wall board or plaster. D. Wall insulation must be at least R-11 glass fiber or mineral wool and must be installed continuously throughout the stud space. E. Exterior solid sheathing must be covered with overlapping asphalt felt. F. Interior wall finish must be at least 5/s-inch thick gypsum wall board or plaster. City of El Segundo 540 Easi Imperial Avenue Specific Jan Project EIR 4.3-17 SE-TI.O;4 4.; Noise'. 5- Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening. A secondary openable glazing panel must be mounted at the ceiling line or at any point that provides at least a 4-inch space between the skylight glazing and the secondary glazing and must'be glazed with at least 3/1e- inch plastic or laminated glass. The weather -side skylight must be any type that is permitted by the building code. The size of skylights must be no more than 20 percent of the roof area of the room. Section 1255.12 flentilalion. A. A ventilation system must be provided that will provide at least the minimurn air circulation and fresh air supply requirements of this code in each habitable roam without opening any window, door or other opening to the exterior. All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection. B. Kitchen cooloop vent hoods must be die non -ducted recirculating type with no ducted connection to the extedor- Section 1255.13 Fireplaces. Each fireplace most be fitted with a damper at the top of the chimney that is operated from the firebox and must have glass doors across the front of the firebox. Section 1255.14 Wall and C.tuGns, Openiirgs Openings in the shell of the residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited unless access panels, pet doors, mail delivery drops, air-conditioning, or other openings are designed to maintain the 45 dB CNEL (or less) standard in the room to which they provide access. Construction Methods in the 65 dB CNEL to 70 dB CNEL Noise Lone Section 1255.15 Exterior Wal1r. New walls that form the exterior portion of habitable rooms must be constructed as follows: A. Studs must be at least 4 inches in nominal depth. B. Exterior finish must be stucco, minima% -inch thickness, brick veneer, masonry, or any siding material allowed by this code- Wood or metal siding must be installed over'/2-inch solid sheathing. C. Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior stud wall that is finished with at l%st -inch thick gypsum wallboard or plaster. D. Wall insulation must be at least k-11 glass fiber or mineral wool and must be installed continuously throughout the stud space. E. Exterior solid sheathing must be covered with overlapping asphalt felt. F. Interior wall finis[n must be at least %-inch thick gypsum wallboard or plaster - Section 1255.16 Exterior fVindown A. Open -able Windows: All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 35 dB and must have an air infiltration rate of no more than 0.5 cubic feet per minute when tested according to ASTM E-283. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR 4.3.19 concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection. B. Kitchen coolctop vent hoods must be the non -ducted recirculating type with no ducted connection to the exterior. Section 1255.21 Firrp/nres. $ach fireplace must be fitted with a damper at the top of the chimney that is operated from the firebox and must have glass doors.across the front of the firebox. Section 1255.22 Wall and Ccr/ing O eribr�r. Openings in the shell of the residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited. Any access panels, pet doors, mail delivery drops, air-conditioning, or other openings must be designed to maintain the 45 dB CNEL or less standard in the room to which they provide access., 4.3.3 impacts and Mitigation Measures ® Analytic Method This analysis of the existing and future noise environments is based on noise level monitoring, noise prediction modeling, and empirical observations. Noise sensitive land uses include public schools, hospitals, and institutional uses such as churches, museums, and private schools. Typically, residential uses are also considered noise sensitive receptors. Therefore, for the purposes of this analysis, the nearest sensitive receptors to the project site would be the residential uses located adjacent to the proposed project site to the south, east, and west. Additionally, for the purposes of this analysis, these residential uses are assurned to be located within 50 feet of construction and operational activities associated with the proposed project_ As previously stated, the residential uses to the south and west are separated from the proposed project site by varying heights, wiih a maximum difference of approximately 20 feet created by an earthen berm on the west side of the project site. As previously stated, existing noise levels were monitored at selected locations within the project site using a Larson -Davis Model 814 precision sound level meter, which is consistent with the standards of the ANSI for general environmental noise measurement instrumentation. Noise modeling procedures involved the calculation of existing and future vehicular noise levels along individual roadway segments in the site vicinity. This task was accomplished using the FHWA noise model. The model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions_ Traffic volumes utilized as data inputs in the noise prediction model were provided by the 540 East Imperial Avenue Specific Plan Traffic Impact Analysis prepared by Kimley- Horn and Associates, Inc. for the proposed project (Appendix D). The analysis considers future cumulative traffic noise levels, in recognition of expected higher traffic volumes and resultant noise levels in the future, which provide an appropriate benchmark against which project noise can be assessed. Thresholds of Significance The following thresholds of significance are based on Appendix G of the 2011 CEQA Guidelines. For purposes of this EIR, implementation of the proposed project may have a significant adverse impact on noise if it would do any of the following: Cly of 0 Segundo 540 East Imperfat Avenue Specific Plon Project EIR 4.3-21 units,'deliveries, and refuse collection are also regulated by the El Segundo Municipal Code, and noise generated by these activities that exceeds the City's established standards would be potentially significant. However, as these activities are regulated by the provisions of the El Segundo Municipal Code, a significant impact would only occur if the provisions of the City's noise regulations are violated. The CEQA Guidelines do not define the levels at which groundborne vibration or groundborne noise is considered "excessive." For the purposes of this analysis, groundborne vibration impacts associated with human annoyance would be significant if the proposed project exceeds 85 VdB, which is the vibration level that is considered by the FTA to be acceptable only if there are an infrequent number of events per day (as described in Table 4.3-2). In terms of groundborne vibration impacts on structures, this analysis would use the PTA's vibration damage threshold of approximately 100 VdB for fragile buildings and approximately 95 VdB for extremely fragile historic buildings.''" Effects Not found to Be Significant Threshold Would the project, if located within the vicinity of a private airstrip, result in the exposure of people residing or working in the project area to excessive noise levels? , The closest private airstrip is the Joint Forces Training Center QLTC), an airfield located approximately 22.14 miles southwest of the proposed project site at 11200 Lexington Drive in the City of Los Alamitos. The project site is riot located within the vicinity of a private airstrip and would not result in the exposure of people residing or working in the project- area to excessive noise levels. No Impact would occur. No mitigation is required. IN Project Impacts and Mitigation Threshold Would the project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Impact 4.3-1 Construction of Option 1 or Option 2 of the proposed project could result in the exposure of persons to or generation of noise levels temporarily exceeding standards established in the local general plan or noise regulations, or applicable standards of other agencies. This is considered a potentially significant impact. Irnplementatioii of mitigation measures -MM4.3-1 through MM4.3-5 would teduce tei-nporary impacts during construction. Some temporary impacts during construction would remain significant and unavoidable, but would be generally reduced to less dean significant with mitigation measures. Impacts during operation of the proposed project would be less than slgtti&cant. -'r' I Iarris Miller Nb ler & Hanson Inc., Train! Noire and Vibralioll ImpactAfreolllfnl Final Roport (May 2006). 27 U.S. Department of Transportation Federal Transit rldmu>istration, Transit Noise Impad and t/ lbie,lionAurrowe-ul (May 2006). City of El Segundo 540 East Imperial Avenue Specific Pion Project EIR 4.3-23 - - SGCTIv,+�.3lto�so.� Front Loader 73-86 Trucks 82 95, Cranes (moveable) 75-88 Cranes (derrick) 8"9 Vibrator 68-82 Saws 72--82 Pneumatic Impact Equipment 83-88 Jackhammers 81-98 Pumps 68-72 Generators 71-83 Compressors 75-87 Concrete Mixers 75-B8 Concrete Pumps 81- 85 Back Hoe 73-95 Tracfor 77-98 Scraper/Grader 80-93 Paver 85-88 -- SOURCE: U.S. F.nvironmeniol Prolecfion Agency, Noise from Construclion Equipmenl and Operations Building Equipmenland Horne Appliances (1971). Machinery equipped with noise control devices or other noise -reducing design features does not generate the some level or noise emissions as that shown in this table. Ground Clearing 82 76 Excavation/Grading 86 80 Foundations 77 71 Structural 83 77 External Finishing 86 80 SOURCE_ U.S. Environmental Prolecfion Agency, Noise from Construction Equipment and Operations, RuildingEquipmenf and Home Appliances (1971). The noise revels at the off -site sensitive uses were determined wilh the following equation from the HMMH Transit Noise and Vibrofion Impacl Assessment, Final Keporl: Ley = L" at 50 ft. - 20 Log(D150), where teq = noise level of noise source, d = distance from the noise source to the receiver, Lrq m so it = noise level of source of 50 feet. Noise levels have been rounded up to the nearest whole number. MM4.3-1 The dewly ter' roulraclor rnasl rljrovr jrohn esgago19 iu all cnetsti7letion-related aclinties, iNcluding The de/irrey ajconslrrretion mate ralS, Me loading and unloodog of conaniclion eq/ripinen� rlarlfng the engine ignition, and the repair and serwatg of conslrriction egmo,wertl and vel)icler beti eert the hours of &00 m and 7.•00 Am Monday thmigh Salnrday, or at any time on S inrday or a federal Cify of El Segundo 540 East Imperio€ Avenue Specific Plan Projer, f EIR 4.3-25 construction noise limits generally permitted by the Ll Segundo Municipal Code. The combination of these conditions is a circumstance unique to the proposed project site, and is not a direct -impact of all construction activities considered independently or on a subject site with different physical conditions. Mitigation measure MM4.3-1 requires that the project developer demonstrate that noise levels do not exceed the standards established in Section 7-2-10(D) and -Section 7--2-4(C) of the El Segundo Municipal Code. If construction activities exceed the standards, the developer will be required to apply for and obtain a noise permit from the City. Under ntigation measure MM4.3-2, the implementation of noise attenuation measures may include the use of noise barriers (e.g., sound walls) or noise blankets. As a general rule, a sound wall is able to reduce noise by 5 dBA. Mitigation measure MM4.3-3 would require that construction staging areas and earthmoving equipment be located as far away from noise and vibration -sensitive land uses as possible. However, due to the close proxunity of sensitive receptors and the size of the proposed construction Project, this mitigation measure may not reduce construction -related noise levels below generally acceptable thresholds set forth in the ESMC. Mitigation measure MM4.34 would ensure that haul trucks associated with construction activities are routed away from residential streets such as -Walnut Avenue and Sheldon Street to reduce impacts to the residential neighborhoods that surround the project site. Implementation of MM4.3-1 through MM4.34 would reduce the impacts associated with construction activities resulting from implementation of the proposed project. While some temporary impacts during construction would remain significant and unavoidable, the mitigation treasures would generally reduce such temporary noise to less than sigaiRcont. Operation Ambient noise Ievels that would occur as part of operation of the proposed project would be largely attributable to increases in local traffic volumes and general human activity at the site. In addition, operation of the proposed project could include special events or temporary activities (e,g., small outdoor gatherings and activities, luncheons) that would cause a temporary increase is ambient noise levels. The laud uses immediately adjacent to the proposed project site to the east, south, and west are residential uses that are considered noise sensitive land uses (i.e., land uses whose daily activities are more affected by higher ambient noise levels). There is no existing development immediately to the north of the project site, and therefore, no known sensitive population. Development of Option 1 or Option 2 would lead to. increased noise Ievels due to increased activities at the proposed project site. Indirect noise such as alarms from cars parked in the proposed surface parking lot (74 dBA L�,t at 50 feet) may create increased noise in the area. However, these noise levels would be similar to, and consistent with, the existing noise levels in the project area. The largest potential increase in roadway noise levels attributable to the proposed project would occur along East Imperial Avenue and Walnut Avenue. Aside from increased human and vehicle activity on -site, operational noise would typically be generated from HVAC units. 'Large HVAC units typically generate noise levels that average between 50 and 65 dBA L,,f at 50 feet from the equipment. These HVAC units would be mounted on the rooftops of structures developed under Option 1 or Option 2, out of the direct line of sight of sensitive receptors. As stationary or point -source noise attenuates by 6 dBA for every doubling of distance, a measured level of 65 dBA at 50 feet would be reduced to approximately 59 dBA at 100 feet. As such, City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR 4.3-27 CNEI-" 'I he acoustical analysis would require verification by the building official, who has the discretion to require post-construction/pre-occupancy acoustic measurements to verify compliance with the 45 dBA CNEL standard. In addition, California Noise Insulation Standards (Title 24, Part 2, of the CCR), as well as Title 21 (Section 5014[a,2]) contain requirements for the construction of new hotels, motels, apartment houses, and dwellings other than detached single-family dwellings intended to limit the extent of noise transmitted into habitable spaces. The state interior noise standards (Title 21 and Title 24 of the CCR) set forth an interior standard of 45 dBA CNEL in any habitable room with all doors and windows closed, and require an acoustical analysis demonstrating how dwelling units have been designed to meet this interior standard (where such units are proposed in areas subject to transportation noise levels greater than 60 dBA CNEL)- In order to ensure that such standards are met, the following mitigation measure must be implemented as part of the proposed project: M.M4 3-3 Residential units mast be designed and cos inicted to ensure lbal interior noise levels froth exlerior ltartsporlation sources—indadin9 aircraft and vebicler on adjacent rooehnrW—cannot exceed 45 dBA CNEL Xn order to ensure lbat all drvelling unils adiieve an adegnale noise reduclion to ad em an interior noise level of 45 dBA CNEL, the following f atnres must be included in Me building design and constin-clion of all dnvl/tl�g snits. (1) npgrrrded dttalglazed windows, (2)mechauical ventilation/air condllivning, (3) exterior wall/roof as.relvblies fire of od-otar or apeui.rgs, and (4) ceili>zg insulation its lbe top floor of each builelirg to Peduce airo- f1 noire by at least 20 dBA. Before a building powit is issued, Me developer nwsl submit architectwoal plans and a delatled acouyfiral analysis slndy prepared by a gmdl itd adOnfl cal eonsldlant elellronsltaltnq tbal interior noise levels in all n-cidenlial traits would be 45 dBA CNEL or less to the Planning and 1311ilefia,, Safety Department for tvvdety and approval. With implementation of mitigation measure MM4.3-5, development of either Option 1 or Option 2 would be required to demonstrate the residential dwelling units would comply with state interior noise standards (Title 21 and Title 24 of the CCR) and the F-1 Segundo Municipal Code to ensure that internal noise levels do not exceed 45 dBA CNEL. Therefore, either project Option would result in a less-thun- signifrca.ntinterior noise impact during operation. Impact4.3-2 Operation of Option 1 or Option 2 of the proposed project could result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable ,standards of other agencies. This is considered a .potentially significant impact. Lnplementation of mitigation measures MM4.3-6 and MM4.3-7 would reduce this impact, but not to a less -than -significant level. Therefore, this would be a .sigrditcant and unavoidable impact during operation. With respect to the state Airport N.oise'Standards (21 California Code of Regulations §§ 5000, et seq.), the residential uses would be incompatible with the aircraft noise environment unless the residence is a high- rise apartment or condominium having an interior CNEL of 45 dBA or less in all habitable rooms. Also, with respect to the Los Angeles County ALUC noise and land use compatibility guidelines for residential land uses, a noise exposure from 60 to 70 dBA CNEL falls under the "caution" category. Under this category, a review of the noise insulation needs is required. Figure 4.3-3 identifies the t,pically acceptable Je City of El Segundo, El Seguaao Mrel eipal Code, Section 13-1-4 (December 2.1, 2010). City of El Segundo 540 East Imperial Avenue Specific Plan Project EfR 4.3-27 Threshold Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Impact 4.3-3 Implementation of Option 1 or Option 2 of the proposed project would not result in the exposure of persons to or generation of excessive groundborne vibration or groundboune noise levels. This is considered a potentially significant impact. However, implementation of mitigation measures MM4.3-1 through MM4.3-4 would reduce this impact to a less-d12ar1- signitca.r2t level. Implementation of Option 1 or Option 2 could result in increased groundborne vibration and noise levels during construction. During construction, temporary, intermittent, elevated groundborne vibration and noise levels would occur on and near the proposed project site due, in large part, to the operation of construction equipment. Any increases in groundborne vibration and noise levels that would occur as part of operation of the proposed project would be largely attributable to increases in local traffic volumes. Construction 'Fernporary construction activities at the proposed project site could expose nearby off -site sensitive receptors (surrounding residential uses) to elevated levels of noise and groundborne vibration due to the use of heavy pieces of construction equipment. Generally speaking, bulldozers and loaded trucks are the source of largest vibration during construction. As with noise, vibration dissipates at a rate of approximately G VdB for every doubling of distance. As shown in Table 4.3-8 (Vibration Source Levels for Construction Equipment), anticipated vibration levels at the closest off -site sensitive receptor are estimated to be approximately 81 VdB, which is below the threshold of significance (85 VdB) established for purposes of this analysis (regarding infrequent occurrences) in both the 'Thresholds of Significance, Human Exposure to Noise section of this section and Table 4.3-2. As with construction noise, construction -related groundborne vibration levels would vary depending on the equipment used, and the distance of the vibration -inducing equipment. Additionally, construction - related vibration is exempt pursuant to El Segundo Municipal Code Section 7-2-10(D) as long as construction -related activities are limited to the hours of 7:00 AM to 6.00 Pivt Monday through Saturday and do not endanger the public health, welfare or safety. Implementation of mitigation treasures MM4.3-1 through NM4.3-4 would also reduce the potential for significant levels of groundborne vibration. Therefore, impacts to ambient noise and vibration levels would be less than signt&e8r2t during construction activities for Option 1 or Option 2. City of El Segundo 540 East imperial Avenue Specific Plan Project EIR 4.3-31 increase between existing roadway -generated noise levels and roadway noise levels with the proposed project would occur along Imperial Avenue, east of McCarthy Court and east of Center Street- Noise in these areas is projected to increase by 0.9 dBA as a result of the proposed project. This increase would be inaudible/imperceptible to most people and would not exceed the identified threshold of significance. Therefore, this impact would be considered less than significant. " ' - ,I Roadi+ro men _ Y�>) E Lcndilse : J�Fiiitl9l � s;�c::'•, �lifdH���Y�I}`�-�-� �:r,, r r ,�y^+I'. Imperial Avenue east of Main Street Residential 58A 58-2 0.2 No Imperial Avenue east of Sheldon Street Residential 57.0 51.5 0,5 No Imperial Avenue east of McCarthy Cl Residential 57.6 58.5 0.9 No Imperial Avenue east of Center Street Residential 58.9 59.4 0.9 No Imperial Avenue east of California Street Residential 58.0 58.2 0.2 No Imperial Highway east of Sepulveda Boulevard Residential 73.8 73.8 0.0 No Walnut Avenue east of Sheldon Street Residential 47.1 47.1 0.0 No WalnutAvenue west of McCarthy Cl Residential 49.8 49.9 0.1 No Maple Avenue east of Sheldon Street Residential 57.3 57.3 0.0 No Maple Avenue east of Center Street. Residential -58.0 58.2 0.2 No SOURCE: Atkins (7011) (colculalion do la anti resulls ore provided in Appendix D). As shown uI Table 4.3-10 (Existing Plus Project Roadway Noise Levels, Option 2), under Option 2, project -related traffic would not result in substantial increases in noise along any roadway segments compared to 2011 without Project Conditions. Option 2 of the proposed project .*could not increase roadway noise levels above the 3.0 dBA significance threshold. As identified in Table 4.3-10, under Option 2, the greatest increase between existing roadway -generated noise levels and roadway noise levels with the proposed project would occur along Walnut Avenue, west of McCarthy Court. Noise in this area is projected to increase by 0.9 dBA as a result of the proposed project. This increase would be inaudible/imperceptible to most people and would not exceed the identified threshold of significance. Therefore, this impact would be considered less than significant. Impact 4.3-5 Implementation of Option 1 or Option 2 of the proposed project would not result in a substantial permanent increase in ambient noise levels in tIxe project vicinity above levels existing without the project. However, both project Options would increase the permanent, noise -sensitive residential population on the project site. This is considered a potentially significant impact. Implementation of mitigation measure MM4.3-5 through MM4.3-7 would reduce this impact, but not to a less -than -significant level. Therefore, this would be a sig2ifrcantand trrlavoidable impact. City of FJ Segundo 540 East Imperial Avenue Specific flan Project HR 4.3-33 Threshold Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? J Impact 4.3-6 Implementation of Option 1 or Option 2 of the proposed project could not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. This is considered a less -than -significant impact. Implementation of mitigation would further reduce this less-than-signifrcantinkpact. Construction and operation of Option 1 or Option 2 may involve the use of equipment, or conducting certain activities, which could result in a temporary increase in ambient noise levels at, and adjacent to, the project site that did not exist previously. Construction The land uses immediately adjacent to the proposed project site to the east, south, and west are residential uses that are considered to be noise -sensitive land uses. There is no existing development immediately north of the project site, and therefore, no ]mown sensitive population_ Construction activities are anticipated to continue at the project site for a period of approximately 18 to 24 months (under either project Option). During each stage of construction, there would be a different mix of equipment operating. Noise levels would vary based on the type of equipment in operation and the location of activity and would be intermittent. ,However, as noted earlier under Impact 4.3-1, although temporary in nature, construction -related vibration is exempt pursuant to El Segundo Municipal Code Section 7-2-10(D) as long as construction -related activities are limited to the hours of 7:00 AM to 6:00 PM Monday through Saturday. In addition, implementation of mitigation measures MM4.3-1 through MM4.3-4 would reduce the potential for significant temporary increases in noise levels. Therefore, either Option of the proposed project would result in a less -than -significant impact (with mitigation incorporated) ddritng construction_ Operation Development of Option 1 or Option 2 would result in the development of residential units which would increase the permanent, noise -sensitive population at the project site. Temporary increases in ambient noise levels during operation would be primarily related to project traffic on the roadways. Although the traffic study prepared for the proposed project did not identify a project -related traffic impact, due to the current primarily unoccupied nature of the site (with the exception of intermittent use of the baseball field) and the low use of the site currently, trips generated by either Option 1 or Option 2 could increase vehicle travel in the area, which could result in an increase in ambient noise. however, the proposed project site is located in a developed, urban area with substantial exisu ng roadway infrastructure that could accommodate the proposed project trips. Additionally, the anticipated number of trips generated by either project Option would not result in a substantial increase in ambient noise or roadway noise levels. Therefore, both Option 1 and Option 2 would result in a less -that -significant impact due to temporary increases in ambient noise levels. City of El Segundo 540 East Imperial Avenue Specific Plan Project [IR 4.3-35 However, the proposed project site is bifurcated by the 65dB and 70dB CNEL contours. As such, exterior noise levels at the project site currently exceed noise levels considered normally or conditionally acceptable for residential uses (ranging from 50 70dB for single-family and multiple -family residential uses). Further, existing noise levels within the 700 contour are within the normally unacceptable range for both single-fainily and multiple -family residential uses (70-750). Mitigation measure MM4.3-6 would ensure that the existing aviation easement granted to the City of Los Angeles as proprietor of LAX would remain in place xvith implementation of the proposed project, and MM4.3-7 would ensure that prospective owners and occupants of the project site were adequately informed of the potential annoyances associated with proximity to LAX. I4owever, while neither project Option would result in a substantial, permanent increase in exterior noise levels during operation thereby exacerbating the existing condition, both project Options would increase the permanent, noise -sensitive residential population on the project site. The exterior noise level could not be reduced or mitigated to a level that would be considered normally acceptable for residential land uses. As such, the proposed project could result in a slgnldcaotand unavoidable impact due to exterior noise levels. 4.3.4 Cumulative Impacts A cumulative impact analysis is only provided for those thresholds that result in a less -than -significant or significant and unavoidable impact. A cumulative impact analysis is not provided for Effects Bound Not to Be Significant, which result in no project -related impacts - The geographic context for the analysis of cumulative noise impacts depends on the impact being analyzed: For construction impacts, only the immediate area around the proposed project site would be included in the cumulative context..For operational/roadway related impacts, the context is build -out of the City of El Segundo General Plan, including existing and future development of cumulative projects within the City of El Segundo, as well as adjacent communities that would be potentially impacted. This cumulative impact analysis considers development of the proposed project, in conjunction with ambient growth as discussed in Section 4.5 (Transportation/Traffic), and other development within the vicinity of the proposed project in the City. Noise is by definition a localized phenomenon, and significantly reduces in magnitude as distance from the source increases. Consequently, only projects and growth due to occur in the immediate project area would be likely to contribute to cumulative noise impacts_ Threshold Would the project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, pr applicable standards of other agencies? Increases in noise at sensitive uses would occur as a result of construction of the proposed project, along with other construction in the vicinity. As discussed under Impact 4.3-1, construction of the proposed project would expose nearby sensitive receptors to exterior noise levels above the 65 dBA noise standard identified in the El Segundo Municipal Code. This construction noise would be temporary, and mitigation measures would bi� implemented to reduce the impact of the noise to the extent possible; however, exterior noise levels would still be above 65 dBA. Other construction that may occur in the -vicinity of the proposed project site would contribute noise levels similar to those genet-ated for the proposed project. Where this development adjoins the proposed Cily of El Segundo 540 East Imperial Avenue Specific Plan Project EIR 4.3-37 Threshold Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? —� Construction of the proposed project would produce temporary vibration impacts that would-be less than significant. Cumulative: develnpment in the City of El Segundo is not considered likely to result in the exposure of on -site or off -site receptors to excessive groundborne vibration, due to the localized nature of vibration impacts, the fact that all construction would not occur at the same time and at the same location, and the largely built out nature of the City, which would usually preclude the use of heavy equipment such as bulldozers. Only receptors located in close proximity to each construction site would be potentially affected by both activities. Currently, there is construction occurring across Imperial Avenue and fmperial Highway from the proposed project as part of the LAX Bradley Terminal project. However, as discuss previously, while this project can be seen from the proposed project site (because of a difference in topography), it is located far enough away that construction activities, including vibration, cannot be heard or felt at the proposed project site. Therefore, vibration from future development would not be anticipated to combine with construction vibration of the proposed project to result in a significant cumulative impact. Further, vibration resulting fi:orm construction is exempt, as identified in Section 7-2-10(D) of the El Segundo Municipal Code, provided that it does not endanger the public health, welfare or safety. The contribution of the pi.oposed project to such an impact would, therefore, not be cumulatively considerable, and the cumulative impact of the project would be Iess tlmn signi&2nt Threshold Would the proposed project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Cumulative noise impacts would occur primaifly as a result of increased traffic on Iocal roadways due to the proposed project and other projects within the project site. Therefore, cumulative traffic -generated noise impacts have been assessed based on the contribution of the proposed project to the future cumulative base traffic volumes in the project vicinity. The noise levels associated with cumulative base traffic volumes without the project, and ctuulative base traffic volumes with Option 1 of the project are identified in 'fable 4.3-11 (Future Year Plus Project Roadway Noise J.evels, Option 1). Noise level increases would reach a maximum of 0.8 dBA CNEL along Walnut Avenue, west of McCarthy Court in the project vicinity, which is inaudible/imperceptible to most people. The contribution of the proposed project would range from 0.0 to 0.8 dBA across all roadway segments studied. No study roadway segments would increase by 3-0 dBA CNEL. The 0.0 to 0.8 dBA contribution of the proposed project to future roadway noise levels would not exceed the identified thresholds of significance and, therefore, would not be cumulatively considerable. Therefore, development under Option 1 of the proposed project would have a less••than-signi carrtcumul alive impact as a result of traffic increases. The noise levels associated with cumulative base traffic volumes without the project, and cumulative base traffic volumes with Option 2 of the proposed project are identified in Table 43-12 (Future Year Plus Project Roadway Noise Levels, Option 2). Noise level increases would reach a maximum of 0.8 dBA CNEL along Walnut Avenue, west of McCarthy Court in the project vicinity, which is inaudible/imperceptible to most people. The contribution of the proposed project would range from 0.0 to 0.8 dBA across all roadway segments studied. No study roadway segments would increase by 3.0 dBA City of El Segundo 540 East Imperial Avenue Specific Plan Project ER 4.3-39 Threshold Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Periodic and temporary noise levels would be generated by construction of the proposed project along with other construction in the vicinity, and sensitive uses on or in the immediate vicinity of the proposed project site may be exposed to two or more sources of construction related noise simultaneously. As discussed under Impact 4.4-1, the proposed project by itself would expose some sensitive receptors to noise levels in excess of acceptable City standards. Thus, the possibility exists that a substantial cumuIative increase in construction noise levels could result from construction associated with the proposed project combined with other nearby projects. The cumulative impact of the proposed project and related projects, concurrently emitting high levels of construction noise, would likely be significant and unavoidable. As discussed previously, the City exempts construction noise from the provisions of the El Segundo Municipal Code as long as construction occurs within permitted hours of the day. Any project analyzed in the cumulative context would be required to comply with the same provisions of the El Segundo Municipal Code described above. Additionally, construction noise impacts are localized in nature and decrease substantially with distance. Consequently, all projects analyzed in the cumulative context would fall under the El Segundo Municipal Code exemption, and the proposed project would comply with the noise -reducing requirements of mitigation measures MM4.3-1 through MM4.3-4. Therefore, the cumulative impact of the proposed project would be less than. slbaircant. Operation of the proposed project could include special events or temporary activities (e.g., small outdoor gatherings and activities, luncheons) that would cause temporary increases in ambient noise levels. Noise -creating events such as outdoor gatherings utilizing amplified equipment. Such activity would be required to obtain permits to inform the public and comply with the requirements of Section 7-2-11 of the Noise Ordinance regarding public events_ In addition, operation of the proposed project would not require periodic use of special stationary equipment that would expose off -site sensitive receptors to an increase in ambient noise levels above those existing without the proposed project. Therefore, there would be no temporary or periodic noise impacts to on- or off -site receptors due to operation of the proposed project, and the cumulative impact of the proposed project would be less than significant Threshold Would the project, if located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airporl or public use airport, result in the exposure of people residing or working in the project area to excessive noise levels? As discussed above under Impact 4.3-6, the proposed project site is bifurcated by the 65 and 70 dB CNEL contours of LAX. As such, the communal and private exterior areas of the proposed project, such as courtyards, pedestrian pathways, and balconies may be exposed to noise levels above 70 dBA, which exceeds the noise levels for which residential development would be considered normally acceptable. Future residential projects may be developed by the City of El Segundo that are also located within the 70 dBA CNFL contour of LAX, and these residential uses would also be exposed to noise levels that exceed the normally acceptable development standard. As development of the proposed project would result in the exposure of on -site noise sensitive uses to an increase in noise levels, the contribution would be considered cumulatively signi&cantducing operation of the project. City of EI Segundo 540 Cast Imperial Avenue Specific Plan Project EIR 4.3-41 This page intentionally left blank This page intentionally left blank AVIATION CASE 201100002-(4) PAGE 1 FINDINGS AND ORDER OF THE AIRPORT LAND USE COMMISSION COUNTY OF LOS ANGELES AVIATION CASE NO.201'100002-(4) COMMISSION HEARING DATE: February 22, 2012 SYNOPSIS: The proposed project consists of a general plan amendment, a specific plan, zone change, zone text amendment, two vesting tentative tract maps, and a development agreement which allow for the redevelopment of a 5.65-acre former school site located at 540 East Imperial Highway in the City of El Segundo. -The project known as 540 East imperial Specific Plan would result in the demolition °of the former Imperial Avenue Elementary School and the development of one of two conceptual options. Option 1 would include a maximum of 150 assisted/independent Aiving units along Imperial Avenue, 150 senior apartments/townhomes:., in the center of -the site and a separate four -unit townhome development at the southern end of the project site. This option would create seven legal lots on the -site. Option 2 would include a residential development with a rnix of 24 single-family dwelling wits and 34 multiple -family units on private streets. The multiple -family units would front East Imperial Avenue,on'the northern portion of the project site. The single-family residences would be located on the southern portion of the project site. This option would create 31.tots. Both -'the single-family and multiple -family residential developments would. have common areasand,lhndscaped..open space area. Airport Land Use Comission (ALUC) review of this project is necessary because the project site.. Js, IQ.cated `within'. the planning boundary established for Los Angeles Internatio66I'-�AI &U!(LAX). The project site is 'entirely within the 65dB CNEL noise contour -portion of the planning boundary. -ALUC review is also necessary because a specifiicn, general plan amendment, zone change, and other discretionary actions are need e'd� project approval. The. project therefore must be reviewed for consistency with the policies of the adopt 0 Los Angeles County Airport Land Use Plan (ALUP)- PROCEEDINGS BEFORE THE AIRPORT LAND USE COMMISSION February 22, 20,12 Public Hearin (Reserved for summary -of proceedings on the February 22, 2012 public hearing] FINDINGS: The State Aeronautics Act Section 21670, et seq. of the California Public Utilities Code (PUC) requires every county in which there is an airport served by a scheduled airline to establish an airport land use commission. 2. Pursuant to Section 21670.2 of the PUC, the Los Angeles County Regional Planning Commission has the responsibility for acting as the Airport Land Use Commission for Los Angeles County. AVIATION CASE 201100002-(4) PAGE 2 3. In 1991 the Los Angeles County ALUC adopted the Los Angeles County Airport Land Use Plan (ALUP) that sets forth policies, maps with planning boundaries, and criteria for promoting compatibility between airports and the land uses that surround them. 4. The ALUP contains policies and criteria to minimize the public's exposure to excessive noise and safety hazards. 5_ , Los Angeles International Airport (LAX) is one of fourteen public use airports in the County whose land use compatibility policies. and programs are contained within the adopted ALUP. 6. Pursuant to Section 21674(d), 21676(b), 21672(c), 21661.5, 21664.5(a), and 21664.5(b) of the PUC, the County ALUC ha's the responsibility to review specific plans, general plan amendments, zoning=ordinances, and refated development proposals within the established airport influence area for consistency with the adopted ALUP,, before final action is taken by the local agency. 7. The site for the proposed,project, known as 540 East Imperial Avenue Specific Plan, is located within tile. Airport Influence .Area established for LAX. The project site is located within°the 65dB CNEL noise contour portion of the Airport Influence Area. 8. The project site is located withiruth@ City:of `EI..Segundo on East Imperial Avenue and is a roximatel 7�2 feet sif:''-:pf the air urt property boundary of LAX. I p Y h,. P p P Y �Y The project: site is bounded by the:e.rear of the parcels on the east side of Sheldon Avenue'to the' -west, Walnut; 5_treet and the rear of the parcels on the north side,of Walnut Street 61he south rthe rear of the parcels on the west side of McCarthy Court to -.the east, andlrnperial Avenue to the north. 9. The. proposed Aect would result in the demolition of eight (8) existing school builjngs, a surface:parking'lot, a playfield including a baseball diamond and the d `velopment of one of two` conceptual options. Option 1 consists of a 160 unit assistedlindependent living facility, a 150 unit senior apartment development and four townhomes for a total of 304 units and a maximum of 1.75,000 square fe0t- 6f developed space. Option 2 consists of 34 townhome units and 24 single-family homes for a total of 58 residential units. 10. To approve this project, the City of El Segundo must certify the Final Environmental Impact Report and approve Specific Plan No. 10-03, General Plan Amendment No. 10-3, Zone Change No. 10-01, Zone Text Amendment No. 10- 06, Vesting Tentative Tract Map No. 71410 for Option 1 and Vesting Tentative Tract Map No. 71582 for Option 2, and Development Agreement No. 10-02. 11. Specific Plan No. 10-03 will add the 540 East Imperial Avenue Specific Plan designation to the zoning code which will establish permitted uses and development standards for the project site. AVIATION CASE 201100002-(4) PAGE 3 12 General Plan Amendment No. 10-03 will change the Land Use Category from Planned Residential Development (maximum of 65 residential units on the project site) to 540 East Imperial Avenue Specific Plan (maximum of 304 residential units on the project site). 13. Zone Change No. 10-01 will change the zoning designation of the project site from Planned Residential Development to 540 East Imperial Avenue Specific Plan. 14. Zone Text Amendment No. 10-06 will delete the Planned Residential Development Zone from the El Segundo Municipal Code (ESMC) and add 540 East Imperial Avenue Specific Plan to the ESMC .*and delete ESMC Chapter 15- 4D (Planned Residential Development) in its -.entirety. 15. Vesting Tentative Tract Map No. 71410 will create seven lots. Lot 1 will accommodate a four unit townhome building. Lot 2 will accommodate a 150 unit senior apartment development consisting of nine (9) buildings, pool and open space areas, the parking area for the- a fountain.and guest parking for the assisted/independent living portion of the site. Lots 3 through 7 accommodate the 150 unit assisted/independent living development consisting of ten (10) buildings, a sniall.area of parking and pool area. 16. Vesting Tract Map No. 71582 will create 31 lots. Lots 1 through 24 will range from 5,032 to 7,225 square feet and accommodate 24 single family homes. A private street will. have an entrance on.:Walnut Avenue and serve all 24 homes. Lots 25 through 31 will accommodate 34 townhomes consisting 6 buildings and driveways and:parking areas with a driveway entrance on Imperial Avenue, 17. Ue.velopmerit Agreement -No. 10-02 is an agreement between the El Segundo Unified School District; -the owner of the project site, and the City of El Segundo. The provisions therein outline all of the definitions, liabilities and all conditions of development that •apply -to. the project site. Approval of the Development Agreement is necessary to define the legal parameters, party responsibilities, required infrastructure improvements and development standards for the project site to be developed with one of the approved options. 18. Pursuant to the Airport Noise Standards (California Code of Regulations, Title 21, Chapter 6, Section 5000 et seq.), the County of Los Angeles declared LAX to be a noise problem airport. The Airport Norse Standards require noise problem airports to reduce the size of its Noise Impact Area (NiA), which is the area within the airport's 65 dB CNEL contour that is composed of incompatible land uses. 19; The project site is located within the 65 dB CNEL noise contour as depicted in the 2009 LAX 41' Noise Standards Quarterly Report. 20. New residential units within LA)C's• 65 dB CNEL aircraft noise contour will increase the NIA unless an avigation easement for aircraft noise has been AVIATION CASE 201100002-(4) acquired by the airport proprietor. PAGE 4 - 21. The El Segundo Unified School District (ESUSD) granted the City of Los Angeles as owner and operator of the Los Angeles International Airport an aviation easement for noise, vibrations and fumes over..the proposed project site. Mitigation Measure 4.3-6 in the Draft EIR requires that the ESUSD make as a condition of sale of the project site, that the future owner express acknowledgement and confirmation of the continuing applicability of the existing aviation easement for noise, vibrations, and fumes over the project site property. 22. Section 5.1 of the Development Agreement requires that the future developer of the project site comply with the Development Agreement and the Project Approvals including, without limitation, all mitigation measures and all Future Approvals for the project site. 23. The land use proposed for the site -(a combination of single-family and multi- family residential uses) by both Option 1 and Option 2 are consistent with ALUP Policy G-1, which requires new uses to adhere.to the Land. Use Compatibility Table. The Land Use Compatibility Table provides that new residential uses in the 65 dB CNEL use caution and review -'sound insulation needs. Mitigation Measure 4.3-5 in the Draft EIR.requires that all residential units on the project site be designed and constructed to ensure that interior noise levels not exceed 45 dB CNEL. 24. The project is consistent with ALUP Policy G-2, which requires recycling of incompatibie land uses -to uses which are compatible �vith the ALUP, pursuant to the I.and Use-ICompatibility Table. The Land Use Compatibility Table lists new residential uses 'i -.the,.05: dB CNEL..as compatible provided sound insulation needs,are reviewed;'hd lists: educational facilities as not compatible. The .Rfpject proposes repii ft the vacant school buildings with residential structures are designo&,gnd 6414, ructed to achieve and interior noise level of 45 dB or 7, 25. The project is consrsent with ALUP Policy G-3, which requires that avigation easemerits:_be considel'ed as a condition of 'approval on any project within the designated planning boundaries. The El Segundo Unified School District as land owner of the project site granted the City of Los Angeles as owner and operator of Los Angeles In Airport an aviation easement for noise, vibrations and fumes over the project site. 26. Policy G-4 of the ALUP prohibits projects that would affect safe air navigation into the airport. The project does not include devices or structures that would negatively affect safe air navigation and is therefore consistent with ALUP Policy G-4. 27. �l'he project is consistent with Policy N-1, which requires that the GNEL method for measuring noise impacts near airports be used in determining suitability for AVIATION CASE 201100002-(4) PAGE 5 various types of land uses. The project used the CNEL method to determine that the proposed uses are compatible. 28. The project is consistent with Policy N-2, which requires that sound insulation insure a maximum interior 45 dB in new residential, educational, and health - related uses in areas subject to exterior noise levels of 65 dB CNEL or greater. Mitigation Measure 4.3-5 in the Draft EIR requires that all residential units on the project site be designed and constructed to ensure that interior noise levels do not exceed 45 dB CNEL. 29. The project is consistent with ALUP Policy. N-3 which requires that new development within the ALUC's planning boundary adhere to the Table Listing Land Use Compatibility for Airport Noise Environments. The Table provides that new residential uses in the 65 dB CNEL Use'caution and review sound insulation needs. Mitigation Measure 4.3-5 in the, Draft EIR requires that all residential units on the project site be designed anA constructed to ensure that interior noise levels not exceed 45 dB CNEL. 30. The project is consistent with ALUP Policy N-4; vvhich encourages local agencies to adopt procedures to ensure that prospective property owners in aircraft noise exposure areas above a current or anticipated 60 dB CNEL are informed of these noise levels and of any land use restrictions associated with high noise exposure. Mitigation Measure 4.3-7 in the Draft EIR requires that each prospective buyer and renter of residential property within the project be notified of the development's vicinity to LAX and the potential impacts. Mitigation Measure 4.3- 7 further states that the aviation easement granted to the City of Los Angeles as operators of LAX by the property owner, the El Segundo Unified School District, be kept in force by subsequent owners who must inform all buyers and tenants of the project site's location within an airport noise area. 31. The project site is. located.vutside the runway protection zones (RPZ) established for LAX and is consequently -hot subject to ALUP Safety Polices S-1 through S-4, which relate to the RP7. 32. The project is consiste.nt'with ALUP Policy S-5, which prohibits uses which would attract large concentrations of birds, emit smoke, or which may otherwise affect safe air navigation. The project does not propose uses which would attract large concentrations of birds. 33. The project is consistent with Policy S-6, which prohibits uses which would generate interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. The project does not propose uses which would generate electrical interference. 34. The project is consistent with ALUP Policy 8-7 which requires that projects comply with the height restriction standards of the FAA through FAIL Part 77. The Specific Plan establishes a maximum height of 45 feet for the project site, AVIATION CASE 201100002-(4) RAGE 6 including mechanical equipment, which is less than the 240--foot threshold established by the FAA; however, the project site is located approximately 792 feet from the southern runway at LAX and would therefore be required to submit Form 7460-1 if implementation of the proposed project results in the construction of buildings that exceed 7.9 feet in height. The proposed project would result in the construction of buildings approximately 35 and 45 feet in height respectively for Option 1 and Option 2, thereby exceeding the 7.9-foot height threshold. Mitigation Measure HAZ-3 would ensure that the developer submits Form 7460-1 (Notice of Proposed Construction or Alternation) to the FAA. 35. A Draft Environmental Impact Report (EIR) was, prepared for the project by the City of Ef Segundo. The Los Angeles County Airport Land Use Commission has considered the environmental effects of the project. as shown in the Draft EIR_ BASED ON THE FOREGOING, THE AIRPORT LAND USE COMMISSION DETERMINES: In view of the findings of fact.and conclusions presented above, that the project presented in Aviation Case No. 20 1.00002-(4) :ts CONSISTENT with the Los Angeles County Airport Land Use Plan. VOTE Dissenting: Al C) (D ti {A C) m N CD �N k /T .CD 0 This page intentionally left blank 540 EAST IMPERIAL AVENUE SPECIFIC PLAN 1.0 SUMMARY This Specific Plan was prepared to provide guidance and to allow flexibility when developing a 5.65 acre parcel located on a former El Segundo School District Site at 540 East Imperial Avenue (the "Project Site") consistent with the adjoining uses. Under this Specific Plan, the Project Site could be developed with one of two conceptual project options: either a Senior Housing Community with a Multi -Family Residential (R-3) component, or a Mixed Residential Development as defined in Section 1.6 "PROJECT DESCRIPTION." Detailed text and exhibits which more fully describe the options and improvements envisioned for construction are included in this Specific Plan. The Specific Plan will guide the build -out of the Project Site in a manner that is consistent with City and State policies and standards and ensures that the Project is developed in a coordinated manner. 1.1 PURPOSE AND AUTHORITY OF SPEGIFIG 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 540 East Imperial Avenue Specific Plan provides text and exhibits which describe the proposed land uses and associated guidelines. This Specific Plan has been adopted in accordance with the provisions of Government Code §§ 65450 through 65457 which grant local governments authority to prepare Specific Plans of development for any area regulated by a General Plan. These sections also identify the required contents of a Specific Plan and mandate consistency with the General Plan. According to Government Code § 65450, 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, See Exhibit 2 for School Site Aerial Photo. (To be added by Mar Ventures) In September 2010 the District applied for various land use entitlements that would allow the site to be developed with a Senior Housing Community. In November 2010 the District revised its applications to provide -for the option of building either a Senior Housing Community or a Mixed Residential development. Before approving this Specific Plan and other related applications, the General Plan designation and the zoning of the site was Planned Residential Development (PRD) which allowed a maximum of 29 single-family units and 36 multi -family units to be built on the entire 5.65 acre site. The change of both the General Plan and zoning to 540 East Imperial Avenue Specific Plan allows for -either option (discussed above) to be developed. 1.5 EXISTING SITE The proposed Project Site is currently developed with eight (8) single -story structures (totaling 22,488 square feet) that served as administrafive offices and classrooms. Existing structures at the Project Site extend from the northern to the southern portion of the site, along the eastern property line_ Development on the Project Site also includes open space and recreational facilities in the form of playground equipment and an approximately 0.50-acre baseball field on the west-northwest portion of the property. While the school has remained unoccupied, the baseball field is currently utilized for tittle league baseball on weekends between January and June. Several scattered trees line the western portion of the project site with ground cover near the baseball field. Generally, the project site slopes from a high point at the northwest corner of the site, along East Imperial Avenue, to a low point at the southeast corner of the site along Walnut Avenue. The site is graded into two pads with a 2A slope separating them. The overall slope of the site from northwest to southeast is roughly 5 percent. Impervious surfaces on the site consist of asphalt parking areas and building roofs_ Pervious surfaces on the proposed project site consist of open space and a ball field. The Specific Plan area will encompass the entire 5.65 acre site_ 1.6 PROJECT DESCRIPTION The 540 East Imperial Avenue site will be developed in substantial conformance with one of the Options described below. Senior Housing Community Option (Specific Plan Option 1) The Senior Housing Community Option (Specific Plan Option 1) could consist of one or both of the following types of development, both restricted to individuals fifty-five (55) years or older_ o Assisted Living development consisting of assisted and/or independent living units which will provide common facilities such as a common kitchen and dining room, game playing area, library, exercise room, pool and restrooms, as well as individual kitchenettes. The development would include a maximum of 160 assistedlindependent living units and 150 senior apartments/townhomes (age 55 and older) on a 5.32-acre portion of the site_ o Senior Residential development consisting of apartments and/or condominiums M the General Plan. As documented by the EIR, the Specific Plan is consistent with the General Plan. The two elements that are most related to the Project are the Land Use Element and the Housing Element; the consistency with these two elements is discussed below_ 24 LAND USE ELEMENT The City amendod the General Plan designation and zoning of the Project Site to 540 East Imperial Avenue Specific Plan to allow the development options set forth in this Specific Planof either a Senior Housing Community with a multi -family component or a Mixed Residential development. The Senior Housing Community Option (Option 1) may consist of an Assisted Living development and/or a Senior Residential development. Although the Senior Housing Community would allow the opportunity for more development than the previous zoning, senior housing does not generate significant noise, traffic or other impacts that would be detrimental to neighboring residential uses. Due to the size and slope of the property, the Senior Housing Community would be designed in such a way so as to minimize the visual impacts on the surrounding residential uses. The Specific Plan also provides that the Mixed Development Option (Option 2) will be limited to not more than twenty-four (24) single-family units and not more than thirly-four (34) multi -family units. This is very similar to what was previously allowed and therefore this use remains consistent with the General Plan Land Use -Element. Like the previous Planned Residential Development (PRD) zoning on the property, the Specific Plan will allow design flexibility and will continue to provide transitional uses that are consistent with the surrounding residential uses which will help protect one of the City's greatest attributes, its residential area - More specifically, the Specific Plan promotes the following from the Land Use Element of the City's General Plan - Goal LU3: Proper Distribution of Residential Land Uses — Prorrrote 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 LU3-2 •-- Preserve and maintain the City's low-modiurn density residential nature, with low building height profile and character, and minimum development standards. Policy LU3-2.1 - Promote construction of high quality Multi -Family Residential developments with ample open space, leisure and recreational facilities. • Policy LU3-2.2 - Multi -family developments will be located only in appropriate places and evaluated carefully to insure that these developments are not detrimental to the existing single-family character. Policy LU3-2.3 - Appropriate buffers such as walls, landscaping, or open space, shall be provided between residential and non-residential uses. 5 In order to reduce traffic impacts along Walnut Avenue, a ,33 acre lot on the southerly side of the Project Site will be created for multi -family housing which will be physically separated from the rest of the Project Site. Access to the remaining 5.32 acres, which will house the Senior Housing Community, will be via two driveways on East Imperial Avenue which will provide circulation and emergency access throughout that portion of the Project Site. Mixed Residential Development Option fO )tion-2) The Mixed Residential Development will provide for the multi -family units to front and take access from East Imperial Avenue and the single-family units to take access from Walnut Avenue which will minimize traffic impacts on the surrounding streets. The circulation system for the single-family homes will be developed so as to be adequate for emergency vehicles. 3.2 UTIUTIEs AND INFRASTRUCTURE A. Water Service Water service is provided by the City of El Segundo and is currently available within the Specific Plan Area. The site is currently served by connections to an existing 6" diameter main in Walnut Avenue and 10" main in Imperial Avenue. The Project would maintain these connections, add connections as necessary and provide for on -site domestic and fire water services. B. Sewer Service Sewer service within the project area, which is west of Sepulveda Boulevard, is provided by underground sewers maintained by the City of El Segundo. The site is currently served by an 8" sewer running along the easterly property line, which drains to an existing W main in Walnut Avenue_ The Project would continue to drain to Walnut Avenue. C. Solid Waste Disposal Solid waste disposal is provided to commercial users by a variety of private haulers and to residential users by Consolidated Waste Disposal_ The Assisted Living development within the Specific Plan dre<a would contract with a provider. Landfill capacity is adequate for the assumed population and commercial growth within Los Angeles County. The 540 East Imperial Avenue Specific Plan would not exceed any assumptions for either population or commercial growth in the region. D. Gas Service Gas service is provided by Southern California Gas Company_ A 2" service line is available in Walnut Avenue- E. ElectriclTelephone and Cable Service Electric service is provided by Southern California Edison. Telephone service is provided by AT&T, Verizon and Sprint via existing lines in adjacent streets and cable service is provided by Time Warner Cable, Direct TV and Dish [N1�V17nRK?j. 7 IA4PEAIAL AVM. •�Wa r-ttr4 C. i- •• o so Rio iw Exhibit 3 - Senior Housing Community/Multi-Family (R-3) Option 1 MIXED.RESIDENTiAL_DEVELOPMENT OPTION (OPTION 2) Under this development option, multi -family lots - would be created fronting Cast Imperial Avenue. The remainder of the property to the south would be developed with single-family lots that would he accessed from Walnut Avenue. The following provides a concept of the Mixed Residentiai Unit Development. 91 AFFORDABILITY The City of El Segundo 2009 Housing Element identified a need for affordable housing to .provide for a growing senior population. As envisioned in the element, based on that need Option 1 would set aside fifteen (15) percent of the total units as affordable units for extremely low, very low and low income senior households and Option 2 would set aside ten (10) percent of the total units as affordable units. The -set aside is characteristic of the 55 and older senior population in the City of Ef Segundo which (based on the 2000 Census) represents 15.7 percent (2,519) of the total 16,033 population. Based on the Regional Housing Needs Assessment (RHNA), El Segundo is required to provide 168 additional housing units during the current housing cycle (2006-2014). The allocation of the 168 units is broken down into five categories as follows: 22 extremely low income households, 22 very low income households, 27 tow income households, 28 moderate income households, and fig above moderate income households. The City has a total of 43 units that can be credited toward the above moderate income requirements for the current 2006.2014 planning period. The units in this project will be used to meet a portion of 11ie need in the extremely low, very low, and low income household category which represent a proportional total of 31 percent, 31 percent, and 38 percent respectively, of the total RHNA allocation for the lower income categories. These same percentages were applied to the unit totals for this project. Thus, a total of 46 units would be required for Option 1 as follows.-- 14 units for the extremely low income senior household category; 14 units for the very low income senior household category; and 18 units for the low income senior household category to be split equally between the assisted living and townhome/apartment units. Option 2 would be required a total of 6 units comprised of 2 units in each income category_ The developer must submit an income and verification monitoring plan to the Director of Planning and Building Safety before building permits are issued. SENIOR HOUSING COMMUNITY OPTION (OPTION 1) The southern .33 acre "tail' of the Project Site will be developed4n accordance with the existing provisions of the Multi -Family Residential (R-3) ?one. The remaining 5.32 acres will be developed in the with the following: A_ Permitted Uses 1. Senior Dwellings consisting of apartments or condominiums. 2. Senior !-lousing consisting of assisted and/or independent living units. 3. Other similm uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. B. Permitted Accessory Uses 1. Wirefess communication facilities subject to ESMC Chapter 15-19. 2. Any use customarily incidental to a permitted use. 3. Other similar uses approved by the Director of Planning and Building Safety, as provided by ESMC Chapter 15-22. 11 Senior Dwellings (Market Ratc): • . 1 spece.per stapio/�. bs5droorri urii#s • .2 spaces: per-:2.lj W.rorop Obits Sehjor,D"ll hgs (afford4ble); U:5 spae re°ariifs • 1, spaces- per 2 bedrpprh'units Senior. -Housing Assistett'I iviliq, (Jnits (Market Rate): • 1 space, per 2'unit s Senior"sHousing Ass'is�ed: Llving.Units'(Affordable'). " 1 space per 3 units/3 beds Ir, � �Desigri+�eatiires Assists;!: ii. fa,cilifies inril! crinit 'if �;fiitil llowing; desigrt;feat res; �#�!4:r}��.ld.��l�>tact,�f��c1+)CI�����hl�:��►�i'`�1iS1tN9f:�d��19Cii?sfe�tt<C�: MIXED RESIDENTIAL DEVELOPMENT OPTION (OPTION 2I A, Permitted Uses 1. Single -Family units and/or multi -family housing units cansisting of apartments, 'townhornes, or condominiums. 2. Other similar uses approved by the Director of Planning arid Building Safety, as provided by ESMC Chapter 15-22. B. Permitted Accessary Uses 13 Off-street parking and loading spaces must be provided in accordance with ESMG Chapter 15-15. GENERAL DEVELOPMENT STANI)ARDS i-OR EITHER DEVELOPMENT OPYION A. Landscaping Landscaping must be provided as.required by the existing provisions of ESMG Chapters 10-2 and 15-2. B. Walls and Fences All walls and fences must comply with ESMC § 15-2-4, Decorative masonry, open work wrought iron and similar materials are permitted. The use of chain link and razor wire is prohibited- C. Access All development projects must provide adequate access for emergency vehicles. In addition, all development projects must provide pedestrian access between buildings and transit facilities located on site and/or off site, if within adjoining public rights -of -way in compliance with subsection J of this Section. D. Signs Signs located in the Specific Plan area must comply with the requirements of ESMC Chapter 15-18. E. Energy Standards The development must be built to a minimum of LEED Certified standard. LEED stands for the Leadership in Energy and Environmental Design (LEER) Green Building Rating System developed by the United States Green Building Council (USGBC) and provides a suite of standards for environmentally sustainable construction. F. Design Standards The following minimum design standards must be incorporated in all projects within the Plan area. All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design throughout the 5.32 acre portion of the Project Site, regardless of whether the units are developed at the same time. 2. The buildings must have contrasting accent features that use at least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) and/or two exterior colors. 15 the Council to approve of alternative uses or square footage requirements. (h) Any material modification to Developer's obligation to provide LEED certification 4or the Project. (i) Any material modification that requires modifications to the EIR_ (j) Other than the Major Modifications listed above, all other modifications to the Project are considered "Minor Modifications." J. Transportation Demand Management (TDIVI) Option 1, the Senior Housing project, must provide a bulletin board, display case or kiosk displaying transportation information located where it is visible to the greatest number of residents and employees. Information in the area must include, without limitation, the following_ I- Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and locate transit operators; 3. Ridesharing promotional material supplied by commuter -oriented organizations; 4_ Bicycle route and facility information including regionalllocal bicycle maps and bicycle safety information; and 5. A list of facilities available for carpooiers, vanpoolers, bicyclists, transit riders, residents and pedestrians at the site. 5.0 IImPLEmENTATiox AND ADMINISTRATION 5.1 OVERWEW In order to develop a project that is in conformance with the uses, density and FAR approved in this Specific Plan, a Site Plan Review.("SPR") application must be filed with the Department of Planning and Building Safety. The plans must be in substantial conformance with the approved conceptual plans. 5.2 APPLICATION FOP. SITE PLAN REviEw - CONTENTS The Site Plan Review Application must be submitted in conformance with applicable City application requirements and must include all information deemed necessary by the Director of Planning and Building Safety to address site plan review criteria. The plans must be in substantial conformance with the approved conceptual plans. . 17 E. The distance between buildings or structures; F. The location, number and layout of off-street parking and loading spaces; G. The internal traffic patterns and pedestrian safety features; H. The location, amount and type of landscaping materials and the sustainability of the landscaping material with the El Segundo climate in compliance with the applicable climate zone; The placement, height and direction of illumination of light standards; The location, number, size and height of signs; K. The location, height and materials of walls, fences or hedges; and L. The location and method of screening refuse and storage areas, roof equipment, pipes, vents, utility equipment and all equipment not contained in the main buildings of the development. 5.6 APPROVAL CRITERIA The Planning Commission, or City Council on appeal, may approve the Site Plan Review if it finds that the site plan, architecture and landscape design, with conditions if. necessary_ A_ Are consistent with the 540 East Imperial Avenue Specific Plan; and B. That none of the factors in Section 5.3 would be detrimental to public health, safety or welfare. - 5.S GENERAL ADMINISTRATION Unless regulated by this Specific Plari, development will be administered and enforced by the City in accordance with the ESMC. This Specific Plan supersedes any conflicts with ESMC zoning regulations. A. Administrative Determinations must comply with ESMC Chapter 15-22, B. The Director of Planning and Building Safety may grant administrative determinations related to uses in accordance with ESMC Chapter 15-22. 5.7 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 plan may be amended as necessary by ordinance. Said amendment or amendments do not require a concurrent General Plan amendment unless the Director of Planning and Building 19 0 P+ W v O T3 Z (D 3 N This page intentionally left blank This page intentionally lets blank RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERIC. CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM -RECORDER'S TEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND EL SEGUNDO UNIFIED SCHOOL DIS'I'RICT (540 r. IMPERJAL AVENUE SITE) THIS AGRJ -J,"M!'N 1' SI-TALL BE RECORDED WITHIN TEN DAYS OF EXECUTJON BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 4.17 Perfotxnance of Director Duties...................................................................................9 5. Developer Agreerne��ts...............................................................................................................9 5.1 General..............................................................................................................................9 5.2 Development Fees..............................................................................................................19 5.3 ProcessingFees..................................................................................................................10 5.4 Maintenance Obligations................................................................................---................10 5.5 Term of Map(s) and Other Project Approvals...................................................................10 5.6 Sales and Use Tax..............................................................................................................10 6. City Agreements .....................................................................................................................11 6.1 Expedited Processing.......................................................................................................11 6.2 Processing Cooperation and Assistance............................................................................11 6.3 Processing During Third fatty Litigation..........................................................................11 7. Modification/Suspension ........................................................................................................11 8. Demonstration of Good Faitb Compliance.............................................................................11 8.1 Review of Compliance.......................................................................................................11 8.2 Good Faith. Compliance....................................................................................................11 9.3 Information to be Provided to Developer..........................................................................12 8ANotice OfNon-Corpliance; Cure Rights..........................................................................12 8.5 Determination of Developer's Compliance.......................................................................12 8.6 Failure of Periodic Review................................................................................................12 9. Excusable Delays ..................................................................................................................... 12 10. Default Provisions ...................... .............................................................................................. 1, 10.1 Default.........................................................................................................................13 10.2 Content of Notice of Violation....................................................................................13 10.3 Remedies for Breach.................................................................................................1.3 I 34 Between City and Developer _,...-..---'--_^.~—.~--_-_-_'—.---.2O 25'Rdmvo[Construction .............................. ............................................................................... 20 26.Jnint Preparation.... .................................................................................................................. 27Law and Venue ................................................................................................ 2l ..... 28.Attorneys' Fees ......................................................................... Error! Bookmark not dofimed' 29Counterparts ............................................................................................................................. 30 Dates-- .................................................................................................... '---'^^`^'---'--------'--.2] iv "Development Standards" means lie design and development standards that are applicable to the Project. "Director" means the Director of Planning and Building Safety of the City of El Segundo. "Discretionary Actions; Discretionary Approvals" are actions which require the exercise Of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance witli applicable statutes, ordinances, regulations; or conditions of approval. The Project Approvals are included with these terms. "District" means the El Segundo Unified School District. "Effective Date" means the date the applications for Discretionary Approvals were approved by City Council. """Enabling Ordinance" means Ordinance No. _ approving th.is Development Agreement. "Future Approvals" means such other discretionary and ministerial entitlements, including permits, which are required to develop the Project in addition to the Initial Project Approvals, and which are applied for by Developer and approved by City. "Minor Modification" means a minor change to the Project or Project Approvals that is consistent with the Development Standards, Applicable Rules and Proiect Approvals. "Major Modification" means a major change to the Project or Project Approvals as defined in Section 4.6.3 of this Agreement. "Project'' means either the Senior Housing Community consisting of an Assistdd Living Development and/or. a Senior Residential Development, or the Mixed Residential Development whichever the Developer decides to construct. "11'roject Approvals" means. • Final Environmental Impact Report No. EA-890 (or Mitigated Negative Declaration No.__), as approved by Resolution No. Mitigation Monitoring Program for Final Environmental Impact Report No. EA- 890, as approved by Resolution No. ; General Plan Amendment No. 10-03, as approved by Resolution No. 540 Fast Imperial Avenue Specific Plan (SP No. 10-03, as approved by Ordinance No. ; • Zone Change No. (10-01), as approved by Ordinance No. ; • Zone'Text Amendment No. (10-06), as approved -by Ordinance No. ; 2.7 This Agreement is intended to provide flexible entitlements, within the parameters set fortis herein and sitbect to the terms and conditions hereof; to meet the changing market demands that are likely to occur throughout the life of this Agreement. 2.8 The Project uses are consistent with (lie City's General Plan, as amended through General Plan Amendment No. 10-03 . 2.9 Development of the Project will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others, the provision of needed senior Dousing within the corporate limits of the City at a location that is designated in the City's Housing Clement for residential development, and a provision for a 15% set aside for low, very low and extremely low income qualified, senior households for Option 1, and a 10% set aside for Option 2, distributed between income categories established in Exhibit G. 2.10 All of the Property is subject to this Agreement. 3. Rinding rffectThe burdens of this Agreement are binding iipon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. 3.1 Constructive Notice and Acceptance. Every Person who acquires any right, title or interest in or to any portion of the Property in which Developer has a legal interest is conclusively deemed to have cor)sented 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 Rights to Transfer. Developer may assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any Transferee at any time during the term of this Agreement without_ approval of City, including through provision of a long-term ground lease. For purposes of this Agreement, the Transferee is considered the "owner" of that portion of the Property which is covered by such transfer. 3.3 f_iabilities Upon Transfer.Upon the delegation of the duties and obtigations under this Agreement and the sale, transfer or assignment of all or any portion of the Property, District 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) District has provided to City prior or subsequent written notice of such transfer and (ii) 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 attached Exhibit "B." Updn any transfer of any portion of the Property and the express assumption of District's obligations under this Agreement by such 'Transferee, City agrees to look solely to 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 is entitled to the benefits of this Agreement as "Developer" and is subject to the obligations of this Agreement applicable to the parcel(s) transferred. A default by any Transferee only affects that portion of the Property owned by such Transferee and does not cancel or diminish in any or restrictive measures or requirements upon development of the Project or the Property or any portion thereof, or (iii) impose additional dedications, infrash'ttcture or public improvement obligations, fees, costs or exactions exceeding those identified in the Applicable rules, the Project Approvals, or this Agteernent. 4.6.2 Modification of Project Approvals. The Parties contemplate that Developer may, from time to time, pursuant to Section 4.6.1 seek Minor Modifications to the Project or one or more of the Project Approvals. Any such Minor Modifications are contemplated by the Parties as being within the scope of this Agreement as long as they are authorized pursuant to this Section 4.6_2 and roust, upon approval by City, continue to constitute the Project Approvals as referenced hei:ein. The Parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement. 4.6.3 Modifications Requiring Amendment to this Agreement. Any proposed modification to the Project which results in any of the following do not constitute a Minor Modification but constitute a Major Modification and require an amendment to this Agreement pursuant to Section 14 below_ (a) Any decrease in the required building setbacks as set forth in the 540 Cast lanperial Avenue Specific Plan, (b) Any increase in the total developable square footage or FAR of the entire Property for either project option, (c) Any increase in height of buildings or structures on the Property above thirty-five (35) feet with the exception of parapets and other auxiliary structures that cannot exceed fourty-five (45) feet in height, (d) Any decrease in the minimum required lot area as set forth in the 540 Cast Imperial Aven►te Specific Plan, (e) Any decrease in the minirnuni required lot frontage as set forth in the 540 Cast Imperial Avenue Specific Plan, (f) Any change in use to a use which is not permitted under this Agreement, (g) Any deviation from the uses and development standards or limitations set forth in Section 4.1 and Section 4.2 of this Agreement, except to the extent these Sections specifically provide for the Council to approve of alternative uses or square footage requirements, and, - (h) Any material modification to Developer's obligation to provide LEED certification for the Project. (i) Any material modification that requires modifcations to the EIR. 6 fn 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, applies to the Property. However, nothing in this Section may 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. 4.11 Mratoriwn. 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 Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of 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 City, or potions of City, applies to the Property to the extent such moratorium or other limitation is in conflict with this Agreement. However, the provisions of this Section do not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court -imposed moratoria or other limitations. 4..12 litfrastrucluce. 4.12.1 Infrastructure Capacity. Subject to Developer's installation of infrastructure in accordance with the requirements of the Project Approvals and any Future Approvals, City acknowledges that it will have sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City agrees that it will serve the Project and that there is no restriction on hookups or service for the Project except for reasons beyond City's control. 4.12.2 fnfrastructure Phasing Flexibility. Notwithstanding the provisions of any phasing requirements in the Project Approvals or any Future .Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer agree that should it become necessary or desirable to develop any portion of the Projeces infrastructure in an. order that differs from the order set forth in tHs Agreement, Developer and City will collaborate and City will permit any modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed and is in compliance with Section 4.14 of this Agreement.' 4.12.3 Infrastr►icture Com 3letion. No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed by City 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 before completion of construction and all of the other relevant provisions of the Project Approvals and any Future Approvals are satisfied. 5.3 Affordable Housing. Developer must provide a 15% housing set aside for Option 1 and a 10% housing set aside for Option 2 for extremely low, very low and low income qualified senior households, distributed between income categories established in Exchibit G. 5.4 Proccssin lees. Subject to the provisions of Section 4.8 abovepon the Effective Date of this Agreement, Developer must pay all reasonable and outstanding City processing, legal and environmental processing costs related to the Project and the preparation of this Agreement, if any 5.5 Maintenance Obligations. Developer roust maintain all portions of the Property in its possession or control, and any improvements thereon, in a clean, neat and orderly manner. The Parties' respective maintenance obligations survive any termination or expiration of this Agreement. 5.6 Term of Maps) and Other hA ect _Approvals. Pursuant to Government Code § 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 Approvals will be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 4.13 above. 5.7 Sales and Use Tay: 5.7.1 1rn the event the contract price for any work on the Project is valued at five million dollars ($5,000,000) 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 must indicate the City as a registered job site location on the State Board of Equalization Tax Return. In such event, Developer roust 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 State Board of Equalization Operations Memorandum No. I023. 5.7.2 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 trust contain the provisions set forth in Subsection (a) above. 5.7.3 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 5.6 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. 5.8 LEED Certification. Developer's Project must be, at a minimum, LFED Certified in compliance with. the U.S. Green Building Courncil standards in effect as of the Effective Date. 10 compliance" means that Developer has demonstrated that it acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with Developer's material obligations under this Agreement. 8.3 Information to be Provided to Developer. Fourteen (14) days before the annual Effective Date the City must deliver to Developer a copy of all staff 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, , but in tno event later than six (6) business days before the Director's submittal of a report setting forth his or her determination as to the results of the Periodic Review. Subject to the provisions of Section 13.1 below, upon Developer's request, Developer must be given a full and adequate opportunity to be board orally and in writing regarding its performance and, at its option, City's performance under the Agreement before the completion of the Director's Periodic Review, 8.4 Notice 01' Non -Compliance; Cure Rights. Subject to the provisions of Section 13.1 below, if at the completion of any Periodic Review, the Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (i) Developer has not demonstrated that it is in good faith compliance with this Agreement, and (ii) that Developer is out of compliance with a specific substantive term or provision of this Agreement, then the Director may issue and deliver to Developer a written Notice of Violation as set forth in Section 10.1 below. 8.5 Determination of Developer's Com lip ance. If the Director finds Developer has not complied in good faith with the terms or conditions of this Agreement, the City Manager will issue a "Finding of Noncompliance" and deliver to Developer notice of that determination_ A Finding of Noncompliance is deemed a notice of default with respect to Developer and coma ences cure period set forth in this Agreement. 8.6 Public Notice of Finding. Any appeal of the Director's determination (including any appeal by Developer) must be, filed within twenty (20) days following such decision. Filing such an appeal tolls the cure period specified by this Agreement. After completion of a duly -noticed public hearing, the City Council must issue a final decision. A finding of noncompliance is deemed a notice of default and commences a new cure period. Not in limitation of the forgoing, Developer retains the right to challenge City's issuance of any final decision pursuant to Code of Civil Procedure § 10946, 8.7 Failure of Periodic Review. The City's failure to review, at least annually, compliance by Developer with the terms and conditions of this Agreement does not constitute nor earl it be asserted by any Party as a breach by any other Party of this Agreement. if the City fails to provide a Review Letter within sixty (60) days, Developer will be deemed to be in conformity with this Agreement as of Developer's request date, 9. Excusable Delays. Performance by any Party of its obligations in this Agreement is excused during any period of "Excusable Delay," as defined, provided that the Party claiming the delay gives notice of the delay to the other Patty as soon as reasonably possible after the same has been ascertained. For purposes hereof, Excusable Delay means delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including. without 12 Agreement will be resolved. The dispute resolution process established Inercin will apply to disputes between the parties -related to the interpretation or onforcement of, or compliance with, the terms and provisions of this Agreement. Disputes that are riot alleged to relate to the interpretation or enforcement of, or compliance with, this Agreement are not subject to this dispute resolution process. 10.4.2 Informal_ Discussions, With regard to any dispute between or among the patties contemplated by Section 10.5.1 above, within seven (7) days written notice from ether party, the City Manager and Developer's senior executives must meet and attempt in good faith to resolve any such disputes through informal discussions, which discussions will not exceed ten (10) business days. 10.4.3 Mediation. (a) if the parties are unable to resolve their dispute through informal discussion, as contemplated by Section 10.5.2, then either party may commence mediation by providing to JAMS (or other mediator mutually agreed to by the patties) and the other parties a written request for mediation, setting forth the subject of the dispute and the relief requested. The patties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The patties covenant that they will participate in all phases of the mediation in good faith. (b) The mediation process will occur in two phases, if necessary, as described below. During the first phase of the mediation, which in no event will exceed thirty (30) days unless otherwise agreed to by the parties, the parties will attempt to resolve their dispute in accordance with .TAMS standard mediation procedures. If the parties are unable to resolve their dispute during this first phase of the mediation process, then the second phase of the mediation process will be conducted in a roam -ter consistent with subsection (c) of this Section 10.5.3. (c) 1f the parties are unable to resolve their dispute through the first phase of mediation, as described in Section 10.5.3(b) above, the patty that coMmenced mediation in accordance with Section 10,5.3(a) above (the "Complaining Patty"), will have ten (10) business days from the expiration of the thirty (30) business day period described in Section 10.5.3(b) to file a brief with the other party (the "Responding Party") and with the mediator presiding over the first phase of the mediation process (the "Mediator'), which brief must set forth the merits of the Complaining Party's position regarding the issues raised during the first phase of mediation (the "Initial Brief'). The Responding Party will have ten (10) business days from its receipt of the Initial Brief to file a brief with the Mediator and the Complaining Party responding to the issues raised in the Initial. Brief and setting forth the merits of the Responding Patty's position regarding the issues raised during the first phase of mediation (the "Responding Brief"). The Complaining Party will have five (5) business days from its receipt of the Responding Brief to file a reply brief with the Mediator and the Responding Party replying to the issues raised in the Responding Brief (the "Reply Brief'). In no event will the Initial Brief and the Responding Brief be longer than fifteen (15) pages and in no event will the Reply Brief be longer than ten (10) pages. Except as otherwise set forth in this Section 10.5.3(c), the Initial Brief, the Responding Brief and the Reply Brief will be formatted in accordance with requirements of Rule 201 of the California Rules of Court, unless otherwise agreed to by the parties. The Mediator will have two weeks following its receipt of the Reply Brief to consider 14 (b) Should any judicial remedy be sought by any party because of any default under this Agreement or to enforce any provision hereof, or to obtain a declaration of rights hereunder (each individually a "Judicial Action"), the prevailing party in such Judicial Action is entitled to reasonable attorney's fees, court costs .and such other costs as may be fixed by the court (collectively, "Attorneys pees"), provided the prevailing patty in the Judicial Action was also determined to be the prevailing party in the JAMS Opinion. For purposes of this Agreement, Attorneys Nees will be calculated from the start of the first phase of mediation, as described in 10.5.3(b), and will include all reasonable costs related to the first and second phases of mediation. If the prevailing party in a Judicial Action was determined to be the losing party in the JAMS Opinion, then each party will assume the cost of their own Attorneys fees. Not in limitation of the forgoing, the parties will assume their own costs related to the informal dispute resolution process described in Section 10.5.2 above. 11. Mortgagee Protection. This Agreement does not prevent or limit the Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvernents thereon by any mortgage, deed of trust or other security device. City acknowledges that the lender(s) providing such financing ("Mortgagee") may require certain Agreement interpretations and agrees, upon request, frown- time to time, to meet with Developer and representatives of such lender(s) to provide within a reasonable time period City's response to such requested interpretations. 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 st}ccessor 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 - IL] Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement will 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 has an obligation or duty under this Agreement to perform Developer's obligations, or to guarantee such performance, before taking title to al l or a portion of the Property. 11.2 Request for Notice to Morlgagee. 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, is entitled to receive a copy of any Notice of Violation delivered to the Developer. 11.3 Moilgagee's Time to Cure. City must provide a copy of any Notice of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to Developer. The Mortgagee ha& the right, but not the obligation, to cure the default for a period of thirty (30) days after receipt of such Notice of Violation. Notwithstanding the foregoing, if such default is a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee has until thirty (30) days after the date of obtaining such possession to cure or, if such default cannot reasonably 16 13.1 Appeal of Determinations. )3xccpt as specified in Section 8.5 above, 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 Developer to the Planning Commission, and thereafter, if necessary, to the City Council pursuant to the F1 Segundo Municipal Code. Developer cannot seek judicial review of any staff decision without first having exhausted its remedies pusuant to this Agreement. Final determinations by the City Council are subject to judicial review subject to the restrictions and limitations of California law. 13.2 Operatitg 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 terms of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they will effectuate such clarification through Operating Memoranda approved in writing by City and Developer, which, after execution, will be attached hereto and become part of this Agreement and the same may be further clarified from tirne to time as necessary with future written approval by City and Developer. Operating Memoranda are not intended to and do not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore public notices and hearings are not required. The City Attorney is authorized, upon consultation with, and 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 arrrendrnent 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 Ccrtifteate._of Peribunance. 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, City must provide Developer, upon Developer's request, with a statement ("Certificate of Performance") evidencing said completion or revocation and the release of Developer from further obligations hereunder, except for any ongoing obligations hereunder. The Certificate of Performance must be signed by the appropriate agents of Developer and City and be recorded in the official records of Los Angeles County, tifi California. Such Certificate of Performance is not a notice of completion as referred to in Civil Code § 3093. 14. Amendment or Ternrivation by Mutual 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 Developer, and upon compliance with the provisions of Government Code §§ 65867 and 65867.5. 15. Indemnification/Defense. 15.1 Indemnification. 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 Project, this Agreement, Developer's performance of this Agreement, and -all procedures with approving this Agreement (collectively, 18 received the following business day. A patty's address may be changed by written Notice to the other party effective upon actual receipt of such notice. . 19. Entire Ar.Treemen , 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 cannot be amended, except as expressly provided herein 20. Waiver. No waiver of any provision of this Agreement constitutes 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 is be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 21. Seyerability..If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable., the remainder of this Agreement is effective to the extent the remairhing provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement, 22. Relationship of the Parties. Each Party aoknowledges that, in entering into and perforating 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 (lie relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severalty. 23. No Third Party Beneficiaries_ 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. 24. Record469B of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Los Angeles by the City Cleric of City. 25. Coo gration Between City and Developer. City and Developer will 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 perf'ornnance by Developer, and subiect to the continuing cooperation of the Developer, City will comrncnce 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. 26. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they do 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 tlhe Project Approvals or any Future Approvals, the provisions of this Agreement control, 20 IN WITNESS WHEREOF, Developer and City ofEl Segundo have executed thiS Deve[o])mcnt Agreement on the date first above written. ATTEST: Cindy Mortesen - — — -- City Clerk APPROVED AS TO FORM: By: Mark D. Hensley, City Attorney CITY: CITY OF EL SECUNDO, a municipal corporation _ Mayor — DEVELOPER: EL SEGUNDO UNIFIED SCHOOL DISTRICT By: -- - - - 22 Its: EXHIBIT B Recording Requested By and When Recorded iv[i ail To: EI Segundo Unified School District 641 Sheldon Street li Segundo, California 90245 Attention: Superintendent ASSIGNMENT AND ASSUMPTION AGREENIM)' This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into by and between the El Segundo School District, ("Assignor"), and ("Assignee"). RECITALS A. The City of El Segundo ("City") and Assignor entered into that certain Development Agreement dated 2011 (the "Development Agreement"), with respect to the real property located in the City of El Segundo, State of California more particularly described in HAIdbit "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'J. 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. fn 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. 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, including without limitation those obligations specifically allocated to the Transferred Parcel as set forth on Exhibit "C" attached hereto. 13-1 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this day of CITY OF EL SEGUNDO Director of Planning and Building Safety STATE OF CALIFORNIA ) SS: COUNTY OF On , 20_, before rice, , a Notary Public, personally appeared _, who proved to me on the basis of satisfactory evidence to be the person whose n.anie is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 STATE OF CALIFORNIA ) } SS: COUNTY OF ) (Seal) On , 20----.� before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to rue that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument_ B-3 EXHIBIT C FLE/.IN=LIEU iiBBIT� 44386%1060366v5 C_1 ATTACHMENT E-i ,ro E, mil T E XKUEU; CREDITS 4438611060366v5 E_2 EXHEBFF G 44336U 0603660 Ci-2 LOS ANGELES COUNTY AIRPORT LAND USE PLAN • .I Los Angeles County AIRPORT LAND USE COMMISSION ■ Prepared by the Department of Regional Planning Los Angeles County AIRPORT LAND USE COMMISSION COMPREHENSIVE LAND USE PLAN COMMISSIONERS Sadie B. Clark, Chairman J. Paul Robinson, AIA, Vice Chairman Patricia J. Russell Rene G. Santiago Richard C. Wulliger Staff James E. Hard. AICP, Director of Planning Jon Sanabria, Deputy Director of Planning John Huttinger, Acting Administrator, Advance Planning Branch Sorin Alexanian, Section Head Community Studies III Ellen Ftzgerald, AICP, Senior Planning Assistant Gar Yee, Planning Assistant H Commission Secretan Christine P. Abele Adopted December 19,1991 Revised December 1, 2004 pwW 7Aw19hh91 # 1/Af r1 Table of Contents L INTRODUCTION ............ Limits on ALUC Power b AIRPORTS IN LOS ANGELES COUNTY .................................... 3 ILL PLAN BOUNDARIES .. . Safety Noise Planning Boundary Maps 9 IV. POLICIES AND PROGRAMS .............................................. 12 General Policies Policies related to noise Policies related to safety V. STATEMENT OF LAND USE COMPATIBILITY ............................. 13 VL PLAN CONSISTENCY AND IMPLEMENTATION ............................ 14 General and Specific Plans Amendments to General or Specific Plans , AIRPORT MASTER PLANS Amending the CLUP Procedures for Submitting Projects to the ALUC for Review GLOSSARY...................................................................... 15 BIBLIOGRAPHY.................................................................. 18 APPENDIX....................................................................... 19 L IMODUCTION State Law requires the creation of Airport Land Use Commissions (ALUCs) to coordinate planning for the areas surrounding public use airports. In Los Angeles County the Regional Planning Commission has the responsibility for acting as the Airport Land Use Commission and for coordinating the airport planning of public agencies within the county. Mn complete text of the AirportLand Use Commission Law is contained in the Appendix) The purpose of the law is to protect the public health, safety and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public use airports. The ALUC is also concerned with airport activities which may adversely affect adjacent area and nearby land use which may interfere with airport operations. Specifically, the ALUC is required to prepare and adopt a Comprehensive Land Use Plan (CLUP), review and make recommendations concerning certain projects within the ALUC planning boundaries (see page 14 for description of actions requiring referral to the ALUC), and review and make recommendations on regulations of local agencies. Though given the authority to review and make recommendations, the ALUC does not have jurisdiction over airport operations. Several agencies have either direct control over or some impact on airport activities in Los Angeles County. The Federal Aviation Administration (FAA) exerts the greatest control over the nation's airport operations. The FAA is responsible for the control of airspace and for certifying both pilots and the airworthiness of aircraft. Most airport regulations and policies relate to FAA regulations and guidelines. The responsibility for California's airports lies with the California Department of Transportation, Division of Aeronautics. This division is responsible for funding, licensing, and permitting programs for airports and heliports. Assistance for the development and maintenance of aviation facilities through engineering and aviation experience isprovided, as well as systems planning and environmental and community service programs. The Los Angeles County Department of Public Works Aviation Division is responsible for administering the operation of the county owned airports. It functions as a liaison between the County and the aeronautical industry and aeronautical organizations. It oversees airport leases and is responsible for reviewing and commenting on legislation affecting airports and aviation. The Aviation Division also must review plans for proposed new airports and heliports within Los Angeles County. The 8 member Aviation Commission serves to advise the Board of Supervisors regarding the operation and development of airports within the County. The City of Los Angeles Department of Airports Board of Airport Commiissioners is responsible for keeping pace with the growth of air travel and planning for the future of the four airports it operates. (T7m of these airports are within Los Angeles County). This board maintains close coordination with community groups to establish compatible solutions related to safe and efficient airportoperations. Commissioners are appointed by the mayor and are approved by the City Council. The municipalities which surround and are affected by the County's fifteen airports also have an impact on the operation of the facilities. These jurisdictions incorporate into their general or specific plans and their zoning ordinances regulations for addressing airport issues such as noise and safety. In establishing their regulations. each jurisdiction must consider the effect the airport will have on new uses as well as the imoau the use will have on the airport_ Also, the jurisdictions which have airports within their boundaries, but which are not operated by the County Aviation Division (or by a company under contract to the County), or the City Department of Airports, have established airport authorities forthe operation of the airports. Limits on ALUC Power While the goals of the Airport Land Use Commission concern planning for.compatible uses around airports. it is important to understand the limits of ALUC jurisdiction As stated earlier, ALUCs do not have jurisdiction over airport operations. The ALUC does not have the authority to zone property or apply other land use controls normally exercised by local public agencies. ALUC review does not apply to existing incompatible uses. It applies only to new development. Also, recommendations made by the ALUC are advisory to local jurisdictions, not mandatory. Another check on ALUC power comes from the ability of the local agency to overrule the Commission. If a local agency disagrees with an ALUC recommendation, a hearing can be held where the local agency can vote to overrule the Commission decision by a two thirds vote of its governing body, if specific findings are made that the proposed action is consistent with the purposes of the Airport Land Use law. The CLUP complements the planning responsibilities of the cities. county, and other affected agencies. The ALUChas the responsibility to set uniform policies and standards to prohibit development of incompatible uses but it is the responsibility of the cities and the County, through planning and zoning powers, to specify which compatible uses are appropriate within their jurisdictions. These land use designations will naturally be based on consideration of a wider range of factors thanjust compatibility with airport operations. 2 This Comprehensive Land Use Plan provides for the orderly expansion of Los Angeles County's public use airports, and the area surrounding them. It is also intended to provide for the adoption of Lind use measures that will minimize the public's exposure to excessive noise and safety hazards. In formulating this plan, the Los Angeles County Airport Land Use Commission has established Provisions for safety, noise insulation, and the regulation of building height within areas adjacent to each of the public airports in the County. Section 21675 of the Public Utilities Code states that the Commission plan (CLUP) shall include a long range master plan that reflects the growth of the airport during at Ieast the next 20 years. An Airport Master Plan provides a long range plan for airportdevelopment. Generally, this plan would include: an inventory of existing airport facilities, forecasts of anticipated growth in activity, demand/capacity analysis of airfield, ground access, terminal, and aircraft parkiltg facilities. facility requirements, staging of proposed development; capital costs, and economic feasibility. Ideally, the airport master plan is the starting point for the preparation of the CLOP. However, many airports have not completed these plans and therefore the Public Utilities Code has been amended to allow the CLUP to be based on an Airport Layout Plan. This plan provides detailed information on existing and planned runways, runway length and strength, navigational aids, imaginary approach surfaces and runway protection zones, and existing easements. In the preparation of the CLUP, a master plan was used forthe following airports: Brackett Field. Compton Airport, General . William J. Fox Airfield, Hawthome Municipal Airport, Torrance Municipal Airport, Santa Monica Municipal Airport and Whiteman Airport For all other airports a layout plan was utilized. EL AIRPORTS IN LOS ANGELES COUNTY The FAA defines three broad categories of aviation activity. general aviation, certified air carrier, and military. The CLUP applies only to the first two categories; military airports are exempt Los Angeles County has eleven general aviation airports, defined by FAA as an airport that enplanes less than 25W annual passenger, is used exclusively by private and business aircraft and does not provide commercial air carrier passenger serAce, and four scheduled air carrier airports. U.S. Force Plant 42 is an existing military airport which is presently allowing limited commercial air carrier service through agreement with the Los Angeles Deparunent of Airports an4 is included only as Palmdale Regional Airport, not a military airport The following list presents an overview of Los Angeles County's airports: AGUA DULCE SKYPARK 33639 Agua Dulce Canyon Road Saugus, California 91350 Agua Dula Skypark is a privately owned and operated general aviation airport that was established in 1960. The facility is 200 acres in total size and has 100 based aircraft. The average daily traffic count is 35 operations. The runway is 5,000 feet long, unlighted, and can only accept aircraft under 12,500 pounds. Hours of operation are limited to 8:00 am to 6:00 pm, no night landings. The airport is located on a site with limited expansion potentiaL Also. recent development pressures in the Agua Dulce area have resulted in marry questions conceming the continued operation of this airport. ALUC jurisdiction ceases when the State Airport permit for a facility is revoked (Section 21668 of State Aeronautics Act). Surrounding land use is predominately undeveloped. No MasterPlan has been completed for this airport. 3 BRACKETT FIELD 1615 Me ICinley Avenue La Verne, California 91750 Brackett Feld began its existence as a dirt strip graded out of a wheat field in the mid 1930's. The field was opened as an approved airport on October 15, 1940. In the law 1940's, the facility was recommended as a primary site for development of a major private airport. In 1955, 170 acres were acquired by Los Angeles County and in 1958 Brackett Feld was dedicated as a Los Angeles County airport BrdckettFeld is a general aviation airportwith276 acres of aviation property and 492 based aircra8. The facility has a traffic count of 641 operations per day which involve private and business flights. Aircraft utilizing the field range from single engine trainers to Learjets. The runway is 4,800 feet long and unlighted. It is stated in the 1990 Airport Master Plan that the present state of development has reached a point where the capacity to accommodate existing and additional demand is impaired. The forecasts included in the plan show an estimated 620 based aircraft and 282,950 annual operations by 2010. The surrounding land uses are industrial and recreational. BURBANK-GLENrDALE-PASADENA Airport 2627 Hollywood Way Burbank, California 91505 Burbank Airport was established in 1930 as a private field and is now owned and operated by the Burbank -Glendale -Pasadena Airport Authority which was organized in 1977. This is a scheduled air carrier airport with a total size of 435 acres. It contains 310 based aimraR and his an average daily traffic count of 600 operations. The two lighted runways arc 6,902 and 6.074 feet long and can support aircraft under 150,000 pounds. The surrounding land uses art residential, commercial and industrial No MasterPlan has been completed for this airport CATALINA AIRPORT -IN -THE -SKY P.O. Box 2739 Avalon, California 90704 Catalina Airport, which is owned and operated by the Catalina Conservancy, opened in 1946. It is located at an elevation of 1,600feet, approximately 10 miles from Avalon, the island's only city. It is one of Southern California's most popular reamational airports. It is a general aviation airport of 45 acres in total size with 20 based aircrafL The average daily traffic count is 110 operations, with heavier traffic in the summer months. The majority of aircraft using the field are single engine and light twin engine planes. The asphalt paved runway is 3,250 feet long, lighted and can handle aircraft up to and including DC-3's. Hours of operation are 8:00 am to 7-00 pm during summer and 8:00 am to 5:00 pm in the winter. The land surrounding the airport is undeveloped. The area nearest the airport with any substantial development is at Avalon. No AirportMasterPlan has been completed forthis airport 4 COMPTON AIRPORT 901 West Alondra Boulevard Compton, California 90220 Compton Airport, which lies entirely within the boundaries of the City of Compton, is owned by the County of Los Angeles and operand by the Public Works Department, Aviation Division. The airport, established in 1924, is the oldest, continuously operating airport in the Los Angeles basin. It is a general aviation airport with a total size. of 77 acres, 47 of which are used for the runwayA=way system and 30 for the existing building area. It is considered to be a relatively low cost alternative airport to the larger more complex ones in the area for low performance and less well equipped aircraft. Compton is the only public use airport in the Los Angeles basin not equipped with a traffic control tower. The facility contains 352 based aircraft and has annual operations of 90,000. Four fixed base operators offer a range of general aviation services including flight instruction, aircraft sales and repair and air charter. The lighted runway is 60 feet wide and 3,670 feet long for take -off, 2,800 feet long for landing. It can sustain an aircraft load of up to 12,500 pounds According to the August,1991 Airport MaswPlaa there is potential for modest continued growth at the airport for based aircraft. However, the limited availability of land will probably keep the maximum to 500 based aircraft and 156,000 annual operations by 2010. The surrounding land uses are residential, commercial and industrial. EL MONTE AIRPORT 4233 North Santa Anita Avenue El Monte, California 91731 El Monte Airport, which is owned and operated by Los Angeles County, was established in 1947. It is a general aviation airport of 103 acres in total size and home to 507 based aircraft_ Daffy operations reach an average traffic count of 518. The lighted runway is 3,994 feet long and limited to craft weighing less than 12,500 pounds. Private and business light single and multi engine aircraft and helicopters acoountforthe majority of activity. The surrounding land use is dominated by residential, with a few pockets of light commercial and Industrial. Of the Los Angeles County owned airports, El Monte has the most developed infrastructure and is the least flexibly. No MasterPlan has been completed for this airport. GENERAL WILLIAM J. FOX ATRFTELD 4S55 West Avenue G Lancaster, California Refer to the separate document GENERAL WILLLAM I FOX LAND USE COMPATIBILITY PLAN adopted by the ALUC on December 1, 2004 5 HAWTHORNE MUNICIPAL AIRPORT 4455 W.126th Street Hawthorne, California 90250 Hawthorne Airport was established in 1939 through a co -partnership between , the City, Northrup Corporation, and the U.S. Government to construct a municipal airport adjacent to Northrup's newly acquired aircraft manufacturing facilities. The airport was maintained and operated exclusively by Northrup until February 1948 when the City assumed control and the facility became a public use airport This is a general aviation airport of 80 acres. Fifty three acres are used as aircraft operating area and 27 acres are for terminal use, aircraft storage or are leased areas. The average daily traffic court is 330 operations. As of December 1990, there were 232 based aircraft and 120,387 annual operations. The lighted runway is 4,956 feet long and 100 feet wide and can accommodate aircraft weighing up to 90,000 pounds. Iliere are 2 fixed base operators at the airport offering a wide range of aeronautical services such as aircraft rentals, flight instruction. and engine and airframe repair. According to the July. 1991 update of the Hawthorne Municipal Airport Master Plan, the storage capacity for based aircraft was reached in the 1960's and has remained relatively stable since then. The projections for 2006 are for a maximum of 526 based aircraft and 224,000 annual operations. Surrounding land uses are residential, commercial and industrial. Los Angeles INTERNATIONAL Airport (LAX) #1 World Way P.O. Box 92216 Los Angeles, California 90009-2216 LAX is owned by the City of Los Angeles and Operated by the City of Los Angeles Department of Airports. The airport was established in 1928 as a 640 acre general aviation field. Commercial airline service began in 1946 from temporary passenger facilities and in 1961 service from the first permanent passenger facilities designed to accommodate "jet -age" travel began Today LAX is ranked as the fourth busiest air travel center in the world More than 45 million passengers use the airport each year. The overall size has increased to 3500 acres, with the terminal area currently occupying 265 acres. Sixteen private planes are based at this facility and the average traffic count is 1,840 operations per day. There are four high intensity lighted runways ranging from 8,925 feet to 12,090 feet in length with the ability to accept the weight of fully -loaded widebody passenger aircraft. The surrounding land uses are industrial, commercial and residential. Then: is currently no long range Master Plan for this airport LONG BEACH MUNICIPAL AIRPORT 4100 Donald Douglas Drive Long Beach, California 90808 Long Beach Airport is a scheduled air carrier airport owned and operated by the City of Long Beach. It began flight operations in 1925 as a 150 acre facility. Presently, the airport occupies 1,166 acres, 685 of which are devoted to aircraft operations,12 to the terminal complex and 152 to aviation related leases. There are approximately 590 based aircraft and an average daily traffic count of approximately 1100 operations. The number of air carrier flights is restricted by City noise control policy and State Noise law). The lighted runways range in length from 5,420 feet to 10,000 feet, with the ability m host aircraft up to 300,000 pounds. The surrounding land uses are recreational, commercial, residential and industrial. No Master Plan has been completed for this airport 6 PALMDALE REGIONAL AIRPORT 2S03 East Avenue P Palmdale, California 93SSO-2196 Palmdale Regional Airport is temporarily operating at United States Air Force Plant 42, a military airport This interim arrangementbas permitted the provision of limited air carrier service into the Antelope Valley prior to the completion of a permanent facility. An agreement of cooperation signed between the U.S. Air Force and the Los Angeles Department of Airports allows the commercial use of Plant 42. The agreement will permit up to 400 commercial operations per day. The Department of Airports intends to utilize this military facility until user demand begins to exceed the normal capacity, at which time the development of Palmdale Regional will begin. The unimproved future airport site of approximately 17,750 acres is located immediately east of Plant 42. The first purchases for this land began in 1970 after a $1,500,000 grant was allocated from HUD under the advanced acquisition of land program. This future airport is expected to be a desirable alternate regional airport to the already overcrowded LAX and Burbank Terminal. Based on projections made for the City of Palmdale's Airport Corridor Specific Plan using 1990's 20 flights per day activity level and a 10% compounded annual rate of increase in flight activity, the 400 flights per day allowed by agreement with Air Force Plant 42 will not be reached until at least the year 2020. Currently, this land is being used to grow rubber trees and pistachios for agricultural experimentation. Land surrounding Plant 42 is predominately undeveloped with some industrial uses nearby. SANTA MONTCA NUNICIPAL AIRPORT 3223 Donald Douglas Loop -South Santa Monica, California 9040S Santa Monica Airport began in 1926 when the City of Santa Monica purchased 158 acres of land adjacent to Ocean Park Boulevard for use as an airport The airport is a general aviation airport and the oldest operating air field in Los Angeles County. The airport is approximately 225 acres in size and has approximately 550 based aircraft. The average daily traffic count is 520 operations. The lighted runway is 5,000 feetlong and 150 feet wide and can tolerate aircraft up to 105.OQ0 pounds. This airport has been at the center of legal and political disputes for many years which had brought into question the continued operation of the facility. The airport worked out an agreement in 1983 which resulted in the Santa Monica Municipal Airport Master Plan Study. The plan states that by 2003 there could be up to 213,950 annual operations. Though the airport could accommodate as many as 750 based aircraft the city has determined that a total of 590 aircraft will, meet the needs of aircraft owners, and also serve to limit future growth so that aircraft activity in the future will not increase and become a greater annoyance to neighbors. Surrounding land uses are recreational, commercial and residential. TORRANCE MUNICIPAL AIRPORT 3115 Airport Drive Torrance, California 90505-6197 Torrance Municipal Airport is owned and operated by the City of Torrance. Originally called Lomita Flight Strip, the airport was established in 1931 and dgeded to the City in 1948. In I956 the 0ty adopted a Master Plan that proposed air carrier service at this airport However, in 1962 this was amended to general aviation. This facility is 500 acres In total size. 140 acres of the 500 total acres is commercial development and 360 acres is used for aeronautical purposes. Of the acres used for aeronautical purposes, 140 are partially used for agriculture. 825 aircraft are based at this facility and the average daily traffic count is 591 operations. Total annual operations are 243,324. 7 The field is used by general aviation aircraft, turbo prop and occassionally executive business jets. The two lighted runways are 5,000 feet and 3,000 feet long and equipped for a maximum load of 20,000 pounds. Torrance Municipal Airport has adopted stringent noise control guidelines. Aircraft which carm meet these guidelines are banned. The Airport MasterPlanproposes airport development that will result in decreased aircraft noise impact. The surroundingland use is commercial. industrial, recreational, and residential. VAN NUYS AIRPORT 16461 Sherman Way Van Nuys, California 91406 Van Nuys Airport, located in the heart of the San Fernando Valley, is owned by the City of Los Angeles and operated by the City of Los Angeles Departmem of Airports. The airport. originally called Metropolitan Airport, began in 1928. It was acquired by the City of Los Angeles in 1949 and became Van Nuys Airport in 1957. The total size of the airport is 725 acres. 1000 aircraft are based at this sits, including 90 jets and 60 helicopters. Van Nuys Airport is only a general aviation airport (no scheduled air carrier services), but has an average daily traffic count of 1,450 operations or a total of 528,000 annual operations. (1990) This is an extremely high number of operations and therefore, Van Nuys Airport is ranked as the busiest general aviation airport in the nation. There are two lighted runways. One, 8,000 feet long handles aircraft up to 210.000 pounds. The other, which is 4,000 feet long handles aircraft up to 10,000 pounds. The surrounding land uses are industrial, commercial and residential. No Airport Master Plan has been completed. WHI I EMAN AIRPORT 12653 Osborne Street Pacoima, California 91331 Whiteman Airport, located in the Pacoima area of the City of Los Angeles, is owned and operated by Los Angeles County. It began service in 1946 as a privately owned public use airport In 1970, the airport was acquired by the County. It is a general aviation airport of 183 acres in siz4 and contains 655 based aircrak An average of 422 private and business operations arrive and depart the field each day. Annual operations number 141,000. The lighted runway is 3,700 feet long and 40 feet wide and can only accommodate craft under 12,000 pounds gross. Projected growth figures for Whiteman Airport are for a total of 285,000 annual operations and 930 based aircraft by 2010. Due to physical constraints, the maximum number of based aircraft that can be accommodated at this site is 960. The surrounding land uses are industrial, commercial and residential. 8 DL PLAN BOUNDARIES For each of the public use airports in Los Angeles County, the Airport Land Use Commission has adopted planning boundaries. Within these boundaries certain proposed local actions must be submitted to the ALUC for review (See page 14). The planning boundaries delineate areas subjectto noise impacts and safety hazards (height restriction areas and approach surface and runway protection zones). Safety Establishing and enforcing safety restrictions around the airports is a cooperative undertaking by the FAA, the ALUC and the affected jurisdictions. The safety zones established for this Comprehensive Land Use Plan have been patterned after the Approach Surface and Runway Protection Zone (formerly called clear zone) instituted by the Federal Aviation Administration by Federal Aviation Regulations Part 77. The Approach Surface and Runway Protection Zone dimensions are dependent on the type of approach being made to a runway. The Approach Surface is an imaginary inclined plane beginning at the end of the primary surface and extending outward to distances up to 10 miles depending on runway use. The width and slope are also dependent on runway use. The Approach Surface governs the height of objects on ornear the airport Objects should not penetrate or extend above the approach surface. If they do, they are classified as obstruction and must either be marked or removed. The Runway Protection Zone is an area at ground level that provides for the unobstructed passage of landing aircraft through the above airspace. The Runway Protection Zone begins at the end of the primary surface and has a size which varies with the designated use of the runway. This zone is the most critical safety area under the approach path and should be kept free of all obstructions. No structure will be permitted nor the congregation of people allowed within this zone. Control of the runway protection zone by the airport owner is essential. The FAA recommends that the airport operator have sufficient control over property rights within a Runway Protection Zone to assure the safety of aircraft approaches and to keep the area clear of congregations of people. Since control is essential, it is desirable that the airport owner acquire adequate property interests whether by means of outright ownership or aviation casements to ensure compliance. Height Restriction boundaries are based on FAR Part 77 guidelines. (These guidelines are contained in the Appendix) FARPart77 establishes standards for determining obstruction that cause substantial adverse effect on air navigation. Proposed projects that exceed the height limit set by Part 77 must submit approval from FAA to the local jurisdiction Noise Insuring compatibility between aircraft noise and various types of land uses is one of the primary functions of the ALUC. The impact of aircraft anise is potentially the most critical of all en virorimental effects associated with airport development and aircraft operations. This section describes types of noise, how noise is measured and the effects noise can have. Sound refers to anything that is or may be heard. Noise has been defined as unpleasant sound. The sound from an individual source decreases with increasing distance. The amount of sound reaching the receiver is affected by barriers between the source and receiver, such as walls, landscaping, and buildings, atmospheric conditions, such as wind, temperature and humidity and the number of sources emitting sound. The typical community noise environment is comprised of a background noise level and higher noise levels, frequently transportation oriented. As industrialization became more prevalent in the American economy, excessive noise became recognized as a serious problem. Also, as transportation became an hxnasing force, noise problems increased. The problems posed by high noise levels from individual sources are more pronounced during nighttime hours, since background noise levels are lower and because this is the time of day when most people demand greaw quieL Noise Measurement Methods Approximately 60 methods of noise measurement have been developed to relate the various characteristics of sound to human perception and reaction. The loudness of sound is usually expressed in decibel(dB), a logarithmic scale measuring sound pressure. The Community Noise Equivalent Level (CNEL) is an average made up of numerous single noise events. CNEL readings are used to establish noise impact contours around airports. The contours take into account such things as aircraft fleet mix, number of flights, and time of day. Noise readings taken in a 24 hour period are weighted depending on when during the day the noise occurs. Evening and nighttime events are given greater weight than those occurring during the day.(Noise occurrences between 7:00pm and 10:00pm are given a weight of 3 additional decibels while those occurrences between 10:00pm and 7:00 am am given an additional 10 decibels.) According to the FAA's Office of Environmental Quality "impact of Noise on People" study (May I+9'17), generally at a 65 CNEL level 33% of those - exposed will be highly annoyed and 5% will actually complain As the noise level drops to 60 CNEL 24% are projected to be highly annoyed and 2% will complain. For general aviation airports (Ague Duloe, Brackett Field, Catalina. Compton. El Monte, Fox. Hawthorne, Santa Monica, Torrance, Van Nuys, and Whiteman) the 60-65 CNEL contour more accurately represents the annoyance factor associated with smaller but lower flying aircraft (These contours will be used where 10 available. The CLUP will be amended when new CNEL contours are obtained.) For the commercial airports, LAX, Burbank, Long Beach and Palmdale (Plant 42) the 65-70 CNEL contour boundaries will be used. Sources of Transportation Noise Some of the most common sources of noise an highways (auto and truck traffic). railroads, mass transit (buses) and airports. Several types of noise are common in the vicinity of airports. Noise generated during take -off and landing is most commonly the focus of neighborhood concern and complaint, but other types of aircraft generated noise, such as planes diverting from the regular flight track, engine "nm-up" or jet aircraft low frequency "rumble" can also be intrusive. Effects of Noise Noise can have varied effects on the human lifestyle. The magnitude of the problem depends on the volume. frequency and time of day of aircraft operations, the types of aircraft and the character of land use in the area exposed. These effects can be physiological, psychological. sociological, or economic Exposure to sufficient levels of noise for long periods of time can produce temporary or permanent loss of hearing. Generally, noise levels of 80 dB or greater are necessary before hearing loss occurs. The vast majority of people exposed to aircraft noise are not in danger of direct physical harm. Noise levels in neighborhoods, even those subject to a great deal of airport noise, are generally not sufficient to cause hearing loss. Physiological effects other than hearing loss can include: rapid heart beat, dilation of pupils, paling of the skin, headaches, nausea, insomnia and fatigue. Excessive noise can have psychological effects on individuals who are consistently exposed due mostly to interference with the ability to sleep. Sleep disturbance does not refer only to awakening from sleep but can also refer to the altering of the pattern and stages of sleep. Effects can include: anxiety, anger, vertigo, hallucinations, and in extreme cases, homicidal or suicidal tendencies. While these symptoms occur in persons exposed to excessive noise. it has not been scientifically proven that their cause is primarily due to that exposure. Sociological effects are related to the ability to handle the problem of noise exposure. There are two ways to handle noise intrusions. One way is to eliminate the problem by shielding or escaping from the noise. A second way is to adapt to the new environment Actions required to adapt may adversely affect group interrelationships. Individual reactions may be compounded in a group situation Speech interference is one of the primary concerns in environmental noise problems. As background noise gets louder ft distance between speakers needs to decrease or the conversation level needs to increase or be discontinued until the noise subsides. Also, children who live or attend school near sources of excessive noise can be handicapped not only in their abrliity to team but in the socialization process as well. 11w economic costs of noise are appreciable and include: medical care, loss of efficiency and production, reduction of property values, aviation easements, litigation, abatement measures and increased vacancies. 11 AGUA DULCE AIRPORT Streets Freeways ■ RPZ ® Airport Property Planning Boundary/Airport Influence Area ALUP Noise Contour 70 CNEL LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION 600 320w. Tnmple Streot AIRPORT INFLUENCE AREA Los Angeles, CA 90012 (213)974-6425 0 400 800 1200 Feet � 1♦ WH1� n N 5/13/03 BRACKETf FIELD CITY OF LA VERVE CITY 07�IIf11A� �I Streets Freeways / ■ RPZ �\ I � Airport Property 13 Planning Boundary/Airport Influence Area ALUP Noise Contour I 70 CNEL LOS ANGELES COUNTY c� AIRPORT LAND USE COMMISSION !` 320 W. Temple Street AIRPORT INFLUENCE AREA Los Angeles, CA 90012 (213)974-6425 CITY OF o sou 1000 1500 Feet Z. N BURBANK/GLENDALE/PASADENA AIRPORT \ ---T STRATHM I- - I ----- - -- -a---- � � �, ter- - -S 7iGOY�N ]HERM.All bIAY 0 \\ I I i r o o O l O —� - L �- -i — Streets Freeways . RPZ ■ Airport Property- I 13 __ Planning Boundary/Airport Influence Area - JEF Rt 9 ALUP Noise Contour CIT OF BURBANK 1 65 CNEL i i t 1 ' LOS AIRPORT LA S COUNTY AIR AIRPORT LAND USE COMMISSION 32owgeles, AIRPORT INFLUENCE AREA �° '6� Fie A 900 Los Angeles, CA 90012 — (213)974-6425 5/13/03 — _ CATALINA AIRPORT Streets Freeways ■ RPZ ® Airport Property 13 Planning Boundary/Airport Influence Area ALUP Noise Contour 70 CNEL LOS ANGELES COUNTY ' AIRPORT LAND USE COMMISSION o 200 400 600 Feet 320 W. Temple Street AIRPORT INFLUENCE AREA Y. t' Los Angeles, CA 90012 -- (213) 974-6425 5/13/03 COMPTON/WOODLEY AIRPORT ALONDRA n m z m I RAYDAOtJD— y � n Streets = Freeways ■ RPZ Airport Property aPlanning Boundary/Airport Influence Area ALUP Noise Contour 70 CNEL Z 0 0 o zm z O rn m 0 0 0 COMPTON LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION 320WTemple Street AIRPORT INFLUENCE AREA 0 '� � 900 F"� Los Angelesgeles,, CA 90012 (213)974-6425 _ 5/1 EL MONTE AIRPORT ij -- 77' l CHlTp' - CITY OF EL MOME � / ///J • EMERY "_—�---- _ _ 1 I RA Streets Freeways ■ RPZ Airport Property Planning Boundary/Airport Influence Area ALUP Noise Contour 70 CNEL LOS ANGELES COUNTY COMMISSION AIRPORT LAND USE CO � 0 300 600 900 Feet 320 W. Temple Street AIRPORT INFLUENCE AREA �- N Los Angeles, CA 90012 (213)974-6425 5/13103 HAWTHORNE AIRPORT CITY OF 8 8 — o � 3 Y FtW lam— C OF wnlORNE Streets 1 Freeways L CITY OF GARDENA ■ RPZ — -- ® Airport Properly - i a Planning Boundary/Airport Influence Area — — c , ALUP Noise Contour LJ 65 CNEL I LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION o 400 800 1200 Feet 320W.Temple C 900 AIRPORT INFLUENCE AREA -� Los Angeles, CA 90012 (213)974-6425 5/1 LONG BEACH AIRPORT CARSON CITY OF LAKEWOOD i ir -- CITY OF LONG CONANT r -- a �0� �L; I --I_ LI t -_- - SPftthtO .-- C TY OF SI NAL HILL �\ 1_ L Streets Freeways ■ RPZ Airport Property 13 Planning Boundary/Airport Influence Area ^� < ALUP Noise Contour 65 CNEL LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION 0 700 1400 2100 Feet 320 W. Temple Street AIRPORT INFLUENCE AREA -� N '9 Los Angeles, CA 90012 (213) 974-6425 5/13/03 i, 0 ' M1.1�111�01i�� y�aORQ■ ..Zi S��ies�el a�U6� UJIM UH«Ump'ag Pad - mmm �mmm SANTA MONICA AIRPORT 1p Z' \a4V- Of: LOWANGEi . Streets Freeways ■ RPZ Airport Property 13 Planning Boundary/Airport Influence Area ALUP Noise Contour L� 70 CNEL LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION 0 400 800 1200 Feet 320WTemple Street AIRPORT INFLUENCE AREA Z. Los Angelesgeles,, CA 90012 (213) 974-6425 TORRANCE AIRPORT Streets Freeways . RPZ IF Airport Property Planning Boundary/Airport Influence Area ALUP Noise Contour L , 70 CNEL �►� LOS ANGELES COUNTY 1 AIRPORT LAND USE COMMISSION 320 W. Temple Street Los Angeles, CA 90012 (213)974-6425 OFTORRANCE �rq W AIRPORT INFLUENCE AREA 0 400 000 1200 Feet LOMIT T1 250TH- I 253RD nN 5/1 VAN N UYS AIRPORT r.-r - i CITY OF LO$ ANGEL! Streets - Freeways ■ RPZ Airport Property Planning Boundary/Airport Influence Area ALUP Noise Contour G 65 CNEL STRA7NEiL�- - -- ---- -- --- i} := 1_ LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION 0 600 1600 2400 Feet n 320 W. Temple Street AIRPORT INFLUENCE AREA Los Angeles, CA 90012 N (213) 974-6425 5/13/03 WHITEMAN AIRPORT .04 C"_0F LOS ANGE,LES j \ - II • I f IV. POLICIES AND PROGRAMS The following policies and programs apply to all airports except Fox Airfield, which has a separate compatibility plan with its own policies and programs. General Policies: G-1 Require new uses to adhere to the Land Use Compatibility Chan G-2 Encourage the recycling of incompatible land uses to uses which are compatible with the airport. pursuant to the Land Use Compatibility Table. G-3 Consider requiring dedication of an aviation easementto the jurisdiction owning the airport as a condition of approval on any project within the designated planning boundaries. G-4 Prohibit any uses which will negatively affect safe air navigation G-5 Airport proprietors should achieve airpoalcommunity land use compatibility by adhering to the guidelines of the California Noise Standards Policies related to noise: N-1 Use the Community Noise Equivalent Level (CNEL) method for measuring noise impacts near airports in determiping suitability for various types of land uses. N-2 Require sound insulation to insure a maximum interior 45 db CNEL in new residential, educational, and health -related uses in areas subject to exterior noise levels of 65 CNEL or greater. N-3 Utilize the Table Listing Land Use Compatibility for Airport Noise Enviromnents in evaluating projects within the planning boundaries. N-4 Encourage local agencies to adopt procedures to ensure that prospective property owners in aircraft noise exposure areas above a current or anticipated 60 db CNEL are informed of these noise levels and of any land use restrictions associated with high noise exposum 12 Policies related to safety S-1 Establish "runway protection zones" contiguous to the ends of each runway. Tliese runway protection zones shall be identical to the FAA's runway protection zone (formally called clear zone). (See Appendix) S-2 Prohibit above ground storage of more than 100 gallons of flammable liquids or toxic materials on any one net acre in a designated runway protection zone. It is recommended that these materials be stored undengmu:nd. S-3 Prohibit, within a runway protection zone, any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following take-offortoward an aircraft engaged in a final approach toward landing at an airport S4 Prohibit, within a designated runway protection zone, the erection or growth of objects which rise above an approach surface unless supported by evidence that it does not create a safety hazard and is approved by the FAA. S-5 Prohibit uses which would attract large concentrations of birds, emit smoke, or which may otherwise affect safe air navigation. S-6 Prohibit uses which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation` S-7 Comply with the height restriction standards and procedures set forth in FAR Part 77. V. STATEMENT OF LAND USE COMPATIBILITY LAND USE COMPATIBILITY TABLE Satisfactory kiiiiiii Caution. Review Noise Insulation Needs Avoid Land Use Unless Related to Airport Services Community Noise Exposure Land Use Category 55 60 _ 65 — 70 75 Residential Educational Facilities Commercial Industrial I I I I I I , Agriculture Recreation Consider FAR Part 150 for commercial and recreational uses above the 75 CNEL. 13 VL PLAN CONSISTENCY AND BBIX I ENTATION General and Spec Plans State law requires that general plans and specific plans be consistent with the ALUC land use policy. Once a CLUP is adopted, local agencies must submit these plans to the ALUC for a consistency determination. Amendments to General or Specific Plans Wben a city whose territory falls within the planning boundary for a particular airport amends its general plan or specific plans, or makes significant amendments to its zoning ordinances or its building regulations which may affect the CLUP, referrals must be made to the ALUC for determination that the change is consistent with the CLUP. AIRPORT MASTER PLANS Before the adoption or modification of an airport master place, (See discussion of airport master plans on page 2) the airport operator must submit the appropriate documents to the ALUC for a determination of consistency. Amending the CLUP Amendments to the CLUP may be necessitated by changes in airport size, changes in the member or type of aircraft using a particular airport, lengthening of runways, changes in State law, need to clarify existing policies or add new ones, or for other reasons. State law Limits amendments of the CLUP to one per year. Final decision on the proposed amendment will be trade by the ALUC at a noticed public hearing. After adoption of an amendment, copies are sett to the affected jurisdictions and the State Division of Aeronautics. Amendments to the CLUP mast be reflected in the general plans and any specific plans of the affected jurisdictions. Local jurisdictions are given 180 days upon receipt of a CLUP amendment to amend their plans as necessary in order to maintain consistency. If the jurisdiction disagrees with changes in the CLUP, they have the option of overriding with a Zr3 vote upon making specific findings as required by State law. 14 Procedures for Submitting Projects to the ALUC for Review Within the planning boundaries establisbed by the Airport Land Use Commission, proposed general plan or specific plan aramd,mcnts and substantial changes to a zoning or building ordinance made by a local agency which affects the CLUP shall be submitted to the ALUC for determination of consistency with the CLUP. ALUC staff will review all amendments as described above referred by local agencies. In certain uses, the ALUC Administrative Officer may make the determination of plan consistency. In more complicated cases, ALUC staff will submit the proposed project to the Commission for the determination. Under State law, the ALUC must make a determination of plan consistency within 60 days of project referral. If the ALUC fai Is to make the determination within that period, the proposed action shall be deemed consistent with the CLUP. At the public hearing, the ALUC will consider public testimony and make a finding of project consistency or inconsistency with the policies in the CLUP. Such a finding may be conditional. After a decision is made by the Airport Land Use Comm; ssion, a written statement of that determination shall be submitted by the Commission Chairman to the public agency that filed the application. Such notification shall taim place within 30 days of the Commission's decision. If the application submitted by the public agency is found to be inconsistent with the CLUP, the public agency may eitber amend the proposal to be consistent or bold a public bearing to reconsider the action of the Airport Land Use Commission The public agency, by a 2/3 vote of its governing board, may overrule the ALUC action if specific findings are made. The most important consequence of m override is to grant immunity to the airport operator for liability insofar as damages to property or personal injury under the specific circumstances listed in the Public Utilities Code. 'Ibis immunity recognizes that the airport operators have no control over the development around airports and should not be held liable for land use decisions that neither they nor the ALUC deem to be appropriate. (It is important to note that an override does not transfer liability to the overriding Jurisdiction, but simply grants limited immunity to the airport operator. To supplement this section, the ALUC adopted a separate Review Procedures document on December 1, 2004. The document provides additional guidance to the ALUC and applicants and may be appropriate in certain situations. A copy of the Review Procedures document is available at the ALUC website. http://planning.co.1a.ca.us/ALUC.htm 14a GLOSSARY Accident Potential Zones (APIs): Designated areas of higher likelihood of accidents, accident potential zones for military airports are developed by reviewing the accident history of the airport, usually as part of an AICLM study. Acoustical Study: A study performed by a person qualified in acoustical analyses, identifying construction materials and techniques required to achieve noise level reduction in residences and offices as specified by the ALUC plan. Air Carrier. Commercial aircraft operating pursuant to a federal certificateofpublic convenienceand necessity. issued by the Civil Aeronautics Board. Airport: An area of land or water used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any Airport Control Tower. A facility that through the use of air/ground communications, visual signalling, and other devices, provides air traffic control services to airborne aircraft in the vicinity of the airport and to aircraft operating on the airport/airfield movement area Airport Hazard: Any structure or object of natural growth located on or in the vicinity of a public -use airport, or any use of land new such airport, that obstructs the airspace required for the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to such landing or taking off of aircraft Airport Land Use Commission (ALUC): A State - authorized body existing in each county having the responsibility to develop plans for achieving land use compatibility between airports and their environs. Airport Layout Plan: Depicts existing and proposed airport facilities and land uses, their locations, and the pertinent clearance and dimensional information required to show conformance with the applicable standards. It shows the airport location, clear zones, approach areasand other environmental features that may influence airport usage and expansion capabilities, and includes the following elements: • airport layout location map s vicinity map basic data tables wind information Airport Master Plan: A plan to provide guidelines for future development of an airport which will satisfy aviation demand and be compatible with the environment, community development, other modes of transportation, and other airports. 15 Airport Norse Control and Land Use Compatibllity (ANCLUC) Study: A study tailored to the needs of the community and the airport, and designed to produce a variety of recommendations with regard to airport operations procedures, land use planning, and public involvement, which if implemented would limit the impacts of airport and aircraft noise on the airport environs. Air Traffic: Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking arm Altitude: The height of a point, measured in feet Above Ground Level (AGL) or from Man Sea Level (MSL). ALUC Project: Any action under consideration by a local public agency or airport operator which is subject to ALUC review. Under existing State ALUC law, such actions include amendment of a general plan or specific plan or approval of a zoning ordinance or building regulation affecting land use within an ALUC planning boundary. It also includes plans for any proposed new airport or heliport and modification of an airport master plan by the airport owner. Ambient Noise Level: Background noise level, the normal or existing level of environmental noise at a given location. Avigation Easement: Avigation easements are used to grant to the airport rights of the subject land The most commonly granted rights are: right of flight at any altitude above the acquired easement surfaces, right to cause noise, vibrations, dust and fuel particle emissions, and the right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces. Avigation easements also contain provisions releasing the aircraft operator fiorn liability under specified conditions, waiving the property owner's right to sne, and continuing the easement on the transfer of ownership. Business Jet: Generally. twin engine turrbojetfturbofin aircraft. a high percentage of which are owned by private companies who use the aircraft for business purposes - Clear Zone: (Runway Protection Zone) Defined in` Federal Aviation Regulations, Part 1529(b): an arm at ground level, extending beyond the runway primary surface and underlying the approach Surface; these zones, which include all of the area out to a point where the approach surface reaches 50 feet above ground level, are presented in detail on the Airport Layout Plan for each airport. The federal government requires that the airport owner have an "adequate property interest" in the clear -zone area in ender that the requirements of FAR Part 77 can be met and the area protected from future encroachments. Adequate property interest may be in the form of ownership in fee simple (the most preferred) or lease (provided it is long term) or any other demonstration of legal ability to prevent future obstructions in the runway clear zone. Community Noise Equivalent Level (CNEQ: Average daily noise level, averaged for each of the 24 boars, and weighted more heavily during evening and nighttime haws to account for the lower tolerance of persons to noise during those hours. Commuter Air Carrier. An air carrier which performs at least five round trips per week between two or more points and publishes flight schedules of its operating times and destinations. These airiines are exempt from some of the regulations covering large carriers. Commuter airlines must be certified by the FAA and must comply with the flight and safety regulations appropriate to the size and aira-aft operated Commuters may operate aircraft seating up to 60 passengers. If the carrier elects to apply for a certificate of public convenience and necessity from the Civil Aeronautics Board, larger aircraft may be operated. Consistency: An action. program. or project is consistent with the general plan if it. considering all its aspects, will further the objectives and policies of the general plan and not obstruct their attainment. dBA: A -weighted sound level, in decibels,as measured on a sound level meter equipped with weighing networks that represent the way the human ear hears certain sands. Gverail readings can be taken with weighing networks which are called A -scale or C-scale settings on the meter. nest scales do not represent the true sound pressure level because some of the sound has been filtered out. The A -stale setting filters out as much as 20 to 40 dB of the sound below 100 Hz, while the B- scale setting Mters out as much as 5 to 20 dB of the sound below 100 Az Tire C-scale setting retain almost all the sound signal over the full frequency range. However, the B-scale and C-scale settings are rarely used. Dee--bel, dB: A unit for describing the intensity or level of sound, equal to 20 times the logarithm to the base 10 of the pressure of the sound measured to a standard reference pressure. 16 Federal Aviation Administration (FAA): A federal agency charged with regulating air commerce to promote its safety and development, enco u aging and developing civil aviation, air traffic control, and air navigation and promoting the development of a national system of airports. Federal Aviation Regulations (FAR): Regulations issued by the FAA to regulate air commerce; issued as separate "Pants", e.g., part 77. FAR Part 77: Establishes standards for determining obstructions in navigable airspace, sets forth requirements for notice of proposed construction or alteration and provides for aeronautical suxbes of obstructions to air navigation. Frequency: The number of cycles per second (CPS) of a sound. General Aviation: All types of aviation other than that performed by air carriers and the military. Heliport: An area of land or water used our intended to be used for the landing and takeoff of helicopters, and includes its buildings and facilities, if any. Intensity: The intensity of a particular soun4 determined by measuring its pressure relative to a base or reference sound prexsu e, and expressed in decibels, dB. Intermittent Noise: Noise thous notcoris arttlypresent, but occurs periodically throughout the day. Knots: nautical miles per hours, the most common way to measure aircraft speed. Ldn: Average day -night sound leveL Military: Refers to U.S. Army, Navy, Air Force, Marines, Coast Guard, Air National Guard. Noise: Defined subjectively as unwanted sound. The measurement of noise involves understanding three characteristics of sound- intensity, frequency, and duration. Noise Abatement Procedures: Changes in runway usage, flight approach and departure routes and procedures. and vehicle movement, such as ground maneuvers or other air traffic procedures, which shift aviation impacts away from noise rem eve areas (e.g. runway use programs and preferred arrivals and departrrrs). Noise Complaint: A recorded complaint concerning airport noise made by an individual and kept on file at the airport Noise Contours: Lines drawn about a noise source indicating constant energy levels of noise exposum CNEL and Ldn are the measures used to descriU community exposure to noise. Noise Impact Area: The area in square statute muds enclosed by the noise impact boundary less that area of land usage within the boundary that is considered to be compatible with the actual noise environment. Noise Insulation: Also called sound insulation, the materials and construction techniques applied to a structure to achieve outside to inside noise reduction Nonconforming Use: A pre-existing structure, tree, or use of land, which is inconsistent with the provisions of the CLUP, local general or specific plans, or airport master plans. Obstruction: Any object of natural growth, remain. or permanent or temporary construction or alteration. including equipment or materials used therein. the height of which exceeds the obstruction standards of subpart C of FAR Part 77 "Objects Affecting Navigable Operation: An aircraft takeoff or landing. Planning Boundary: Tice area designated by the ALUC surrounding each airport pursuant to section 21675(c) of the Public Utilities Code in which the CLUP applies. Public Use Airport: Publicly or privately owned airport that offers the use of its facilities to the public without prior notice or special invitation or clearance, and that has been issued a California Airport Permit by the Division of Aeronautics of the California Department of Transpoatatiotf. Runway: A defined area on a land airport, prepared for the landing and takeoff of aircraft. Runways are normally numbered in relation to their magnetic direction. Runway Protection Zone: A trapezoidal area at ground level, beyond the runway and under the control of the airport authorities, for the purpose of protecting the safety of approaches and keeping the am clear of the congregation of people. The runway protection zone begins at the end of each primary surface and is centered upon the extended runway centerline. Tire tam runway protection zone has replaced the term clear zorhe Runway Safety Area: A cleared, drained, graded and preferably turfed area symmedailly located about the runway which under normal conditions is capable of supporting fire fighting and rescue equipment and of accommodating the occasional passage of aircraft 17 without causing major damage to the aircraft. This area must be free of objects. Safety Zone(s): The areas(s) in the vicinity of an airport in which land use restrictions are established to protect the safety of the public. Single Event Noise Exposure Level (SENEL) or Sound Exposure Level (SEL): The A -weighted sound level of a single noise event, such as an aircraft overflight, measured bver the time interval between the initial and final times for which the noise level exceeds a threshold level and normalized to a reference duration of 1 second. SENEL and SEL values we identical: SENEL is used in California, SEL is adopted by the EPA and the FAA. The SENEL (SEL) expresses the level of a continuous 1-second signal that contains the same amount of energy as the entire noise event. This value is not equal to the maximum A -level occurring during the noise even. Aircraft noise events last more than 1 second. SENELISEL values will be higher than the maximum A -level for the same events. Structure: An object. including a mobile object, constructed or installed by man, including but without limitation, bu ildiings, towers cranes, smokestacks, earth formation, and overhead transmission lines. Traffic Pattern: Projection on the ground of the aerial path associated with an aircraft on the crosswind, downwind, base, and final approach legs of the app,oachldeparnrz process: Crosswind Leg. A flight path at right angles to the landing runway off its upwind end. Downwind Leg. A flight path parallel to the Landing runway in the direction opposite to landing. The downwind leg normally extends between the crosswind leg and the base let Base Leg. A flight path at right angles to the landing runway off its approach end. The base leg normally extends from the downwind leg to the intersection of the extended runway centerline. Final Approach. A flight path in the direction of landing along the extended runway centerline. The final approach normally extends from the base leg to the runway. An aircraft making a straight -in approach VFR is considered to be on final approach. BIBLIOGRAPHY Airport Muter Puns Los Angles Coup Brackett Feld edby PdcD Te nolo``ies) I �t o Regional Plannai6 Aisvott SuzK7 IM Compton Airport eparei3 by Hodges & Shutt) General Flan t o fFI&und Report 1980 Nose Element of t xF General Plm Hawthorne Municipal Airport (prepared by Foresite Safety Element of the General Plan West) wlu� AAirpart (prepared by Hodges & Shutt) Orange proposed amendments to AirportFnvirons L&W Alameda County Airport .tnd nse Plan 1990 Airport Land Use Po)'_hry Plan 1 CoCommissiol John Wayne Airport Draft ANCLUC Plan 198D 973 (prepared by VTN Consolidated Inc.) Federal Aviation Administration Advisory Circular 150 Regulations Part 77 City of Inglewood Noise Element of the General Plan 1987 (prepared by Mem Greve Associates) Kern C'oun Airport Lam Use Planning Handbook 1990 (prepared by Hodges A Shim) Long Beacb A' -port History 1989e� City off .t Airports 1990 Anatol Report 18 City of Palmdale Draft Airport Corridor Specific Plan 1991 Joint Land Use Commiftoe Policy Recommendations 1991 Santa Clan County Airport Land Use Commission Land Use Plan fag Areas Surrounding Airports San Diego Association of Governments Implementation of SB ZSS City of Santa Monica Santa Monica Airport Agreement 1984 State of California Department of T�asport OM Division of Aeronautics Ai pon Land Use Planning Handbook 1983 Torrance Municipal T., Al� An Your Nei bor orrancs M� Overview Appendix Contents Public Utilities Code Federal Air Regulations: Part 77 FAA Advisory Circular 70/7460-2K 19 CALIFORNIA CODES PUBLIC UTILITIES CODE SECTION 21670-21679.5 21670. (a) The Legislature hereby finds and declares that: (1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems. (2) It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. (b) In order to achieve the purposes of this article, every county in which there is located an airport which is served by a scheduled airline shall establish an airport land use commission. Every county, in which there is located an airport which is not served by a scheduled airline, but is operated for the benefit of the general public, shall establish an airport land use commission, except that the board of supervisors of the county may, after consultation with the appropriate airport operators and affected local entities and after a public hearing, adopt a resolution finding that there are no noise, public safety, or land use issues affecting any airport in the county which require the creation of a commission and declaring the county exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to the Director of Transportation. For purposes of this section, "commission" means an airport land use commission. Each commission shall consist of seven members to be selected as follows: (1) Two representing the cities in the county, appointed by a city selection committee comprised of the mayors of all the cities within that county, except that if there are any cities contiguous or adjacent to the qualifying airport, at least one representative shall be appointed therefrom. If there are no cities within a county, the number of representatives provided for by paragraphs (2) and (3) shall each be increased by one. (2) Two representing the county, appointed by the board of supervisors. (3) Two having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airport's within that county. (4) One representing the general public, appointed by the other six members of the commission. (c) Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office. (d) Each member shall promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in a signed written instrument which shall be kept on file at the commission offices, and the proxy shall serve at the pleasure of the appointing member. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy. (e) A person having an "expertise in aviation" means a person who, by way of education, training, business, experience, vocation, or 1 CALIFORNIA CODES PUBLIC UTILITIES CODE avocation has acquired and possesses particular knowledge of, and familiarity with, the function, operation, and role of airports, or is an elected official of a local agency which owns or operates an airport. (f) It is the intent of the Legislature to clarify that, for the purposes of this article, that special districts, school districts, and community college districts are included among the local agencies that are subject to airport land use laws and other requirements of this article. 21670.1. (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county. (b) A body designated pursuant to subdivision (a) which does not include among its membership at least two members having an expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988. (c) (1) Notwithstanding subdivisions (a) and (b_), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county. (2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following: (A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public. (B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans. (C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans. (D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans. (E) Designate the agency that shall be responsible of the preparation, adoption, and amendment of each airport land use compatibility plan: (3) The Division of Aeronautics of the department shall review the 2 CALIFORNIA CODES PUBLIC UTILITIES CODE processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following: (A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time. (B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations. (C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies. (4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission. (d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Title 21 (commencing with Section 4050) of the California Code of Regulations), Project Ker-VAR 90-1, and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans: (1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract. (2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations as part of the general and specific plans for the county and for each affected city. (3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article. (e) (1) A commission need not be formed in a county if all of the following conditions are met: (A) The county has only one public use airport that is owned by a city. (B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city. (ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. 3 CALIFORNIA CODES PUBLIC UTILITIES CODE 21670.2. (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning commission has the responsibility for coordinating the airport planning of public agencies within the county. In instances where impasses result relative to this planning, an appeal may be made to the county regional planning commission by any public agency involved. The action taken by the county regional planning commission on an appeal may be overruled by a four -fifths vote of the governing body of a public agency whose planning led to the appeal. (b) By January 1, 1992, the county regional planning commission shall adopt the airport land use compatibility plans required pursuant to Section 21675. (c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the County of,Los Angeles until January 1, 1992. If the airport land use compatibility plans required pursuant to Section 21675 are not adopted by the county regional planning commission by January 1, 1992, Sections 21675.1 and 21675.2 shall apply to the County of Los Angeles until the airport land use compatibility plans are adopted. 21670.3. (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, is responsible for coordinating the airport planning of public agencies within the county and shall, on or before June 30, 2005, after reviewing the existing comprehensive land use plan adopted pursuant to Section 21675, adopt a comprehensive land use plan. (b) Any comprehensive land use plan developed pursuant to Section 21675 and adopted pursuant to Section 21675.1 by the San Diego Association of Governments shall remain in effect until June 30, 2005, unless the San Diego County Regional Airport Authority adopts a plan prior to that date pursuant to subdivision (a). 21670.4. (a) As used in this section, "intercounty airport" means any airport bisected by a county line through its runways, runway protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department' s Airport Land Use Planning Handbook and referenced in the airport land use compatibility plan formulated under Section 21675. (b) It is the purpose of this section to provide the opportunity to establish a separate airport land use commission so that an intercounty airport may be served by a single airport land use planning agency, rather than having to look separately to the airport land use commissions of the affected counties. (c) In addition to the airport land use commissions created under Section 21670 or the alternatives established under Section 21670.1, for their respective counties, the boards of supervisors and city selection committees for the affected counties, by independent majority vote of each county's two delegations, for any intercounty airport, may do either of the following: 4 CALIFORNIA CODES PUBLIC UTILITIES CODE (1) Establish a single separate airport land use commission for that airport. That commission shall consist of seven members to be selected as follows: (A) One representing the cities in each of the counties, appointed by that county's city selection committee. (B) One representing each of the counties, appointed by the board of supervisors of each county. (C) One from each county having expertise in aviation, appointed by a selection committee comprised of the managers of all the public airports within that county. (D) One representing the general public, appointed by the other six members of the commission. (2) In accordance with subdivision (a) or (b) of Section 21670.1, designate an existing appropriate entity as that airport's land use commission. 21671. In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the representatives provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city selection committee of mayors of the cities of the county in which the owner of that airport is located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section 21670 shall be appointed by the board of supervisors of the county in which the owner of that airport is located. 21671.5. (a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and qualification of his or her successor. The members of the first commission shall classify themselves by lot so that the term of office of one member is one year, of two members is two years, of two members is three years, and of two members is four years. The body that originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. Any member may be removed at any time and without cause by the body appointing that member. The expiration date of the term of office of each member shall be the first Monday in May in the year in which that member's term is to expire. Any vacancy in the membership of the commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vacant. The chairperson of the commission shall be selected by the members thereof. (b) Compensation, if any, shall be determined by the board of supervisors. (c) Staff assistance, including the mailing of notices and the keeping of minutes and necessary quarters, equipment, and supplies shall be provided by the county. The usual and necessary operating expenses of the commission shall be a county charge. (d) Notwithstanding any other provisions of this article, the commission shall not employ any personnel either as employees or independent contractors without the prior approval of the board of supervisors. (e) The commission shall meet at the call of the commission 5 CALIFORNIA CODES PUBLIC UTILITIES CODE chairperson or at the request of the majority of the commission members. A majority of the commission members shall constitute a quorum for the transaction of business. No action shall be taken by the commission except by the recorded vote of a majority of the full membership. (f) The commission may establish a schedule of fees necessary to comply with this article. Those fees shall be charged to the proponents of actions, regulations, or permits, shall not exceed the estimated reasonable cost of providing the service, and shall be imposed pursuant to Section 66016 of the Government Code. Except as provided in subdivision (g), after June 30, 1991, a commission that has not adopted the airport land use compatibility plan required by Section 21675'shall not charge fees pursuant to this subdivision until the commission adopts the plan. (g) In any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, the commission may continue to charge fees necessary to comply with this article until June 30, 1992, and, if the airport land use compatibility plans are complete by that date, may continue charging fees after June 30, 1992. If the airport land use compatibility plans are not complete by June 30, 1992, the commission shall not charge fees pursuant to subdivision (f) until the commission adopts the land use plans. 21672. Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases. 21673. In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate proceedings for the creation of a commission by presenting a request to the board of supervisors that a commission be created and showing the need therefor to the satisfaction of the board of supervisors. 21674. The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676: (a) To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses. (b) To coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare. (c) To prepare and adopt an airport land use compatibility plan pursuant to Section 21675. 6 CALIFORNIA CODES PUBLIC UTILITIES CODE (d) To review the plans, regulations, and other actions of local agencies and airport operators pursuant to Section 21676. (e) The powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport. (f) In order to carry out its responsibilities, the commission may adopt rules and regulations consistent with this article. 21674.5. (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land use commissions, after consulting with airport land use commissions, cities, counties, and other appropriate public entities. (b) The training and development program or programs are intended to assist the staff of airport land use commissions in addressing high priority needs, and may include, but need not be limited to, the following: (1) The establishment of a process for the development and adoption of airport land use compatibility plans. (2) The development of criteria for determining airport land use planning boundaries. (3) The identification of essential elements that should be included in the airport land use compatibility plans. (4) Appropriate criteria and procedures for reviewing proposed developments and determining whether proposed developments are compatible with the airport use. (5) Any other organizational, operational, procedural, or technical responsibilities and functions that the department determines to be appropriate to provide to commission staff and for which it determines there is a need for staff training or development. (c) The department may provide training and development programs for airport land use commission staff pursuant to this section by any means it deems appropriate. Those programs may be presented in any of the following ways: (1) By offering formal courses or training programs. (2) By sponsoring or assisting in the organization and sponsorship of conferences, seminars, or other similar events. (3) By producing and making available written information. (4) Any other feasible method of providing information and assisting in the training and development of airport land use commission staff. 21674.7. (a) An airport land use commission that formulates, adopts, or amends an airport land use compatibility plan shall be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation. (b) It is the intent of the Legislature to discourage incompatible land uses near existing airports. Therefore, prior to granting permits for the renovation or remodeling of an existing building, structure, or facility, and before the construction of a new building, it is the intent of the Legislature that local agencies 7 CALIFORNIA CODES PUBLIC UTILITIES CODE shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675. This subdivision does not limit the jurisdiction of a commission as established by this article. This subdivision does not limit the authority of local agencies to overrule commission actions or recommendations pursuant to Sections 21676, 21676.5, or 21677. 21675. (a) Each commission shall formulate a comprehensive land use plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Division of Aeronautics of the Department of Transportation, that reflects the anticipated growth of the airport during at least the next 20 years. In formulating a land use plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the planning area. The comprehensive land use plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year. (b) The commission shall include, within its plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any military airport for all of the purposes specified in subdivision (a). The plan shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport. (c) The planning boundaries shall be established by the commission after hearing and consultation with the involved agencies. (d) The commission shall submit to the Division of Aeronautics of the department one copy of the plan and each amendment to the plan. (e) If a comprehensive land use plan does not include the matters required to be included pursuant to this article, the Division of Aeronautics of the department shall notify the commission responsible for the plan. 21675.1. (a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, shall adopt that airport land use compatibility plan on or before June 30, 1992. (b) Until a commission adopts an airport land use compatibility 8 CALIFORNIA CODES PUBLIC UTILITIES CODE plan, a city or county shall first submit all actions, regulations, and permits within the vicinity of a public airport to the commission for review and approval. Before the commission approves or disapproves any actions, regulations, or permits, the commission shall give public notice in the same manner as the city or county is required to give for those actions,, regulations, or permits. As used in this section, "vicinity" means land that will be included or reasonably could be included within the airport land use compatibility plan. If the commission has not designated a study area for the airport land use compatibility plan, then "vicinity" means land within two miles of the boundary of a public airport. (c) The commission may approve an action, regulation, or permit if it finds, based on substantial evidence in the record, all of the following: (1) The commission is making substantial progress toward the completion of the airport land use compatibility plan. (2) There is a reasonable probability that the action, regulation, or permit will be consistent with the airport land use compatibility plan being prepared by the commission. (3) There is little or no probability of substantial detriment to or interference with the future adopted airport land use compatibility plan if the action, regulation, or permit is ultimately inconsistent with the airport land use compatibility plan. (d) If the commission disapproves an action, regulation, or permit, the commission shall notify the city or county. The city or county may overrule the commission, by a two-thirds vote of its governing body, if it makes specific findings that the proposed action, regulation, or permit is consistent with the purposes of this article, as stated in Section 21670. (e) If a city or county overrules the commission pursuant to subdivision (d), that action shall not relieve the city or county from further compliance with this article after the commission adopts the airport land use compatibility plan. (f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city's or county's decision to proceed with the action, regulation, or permit. (g) A commission may adopt rules and regulations that exempt any ministerial permit for single-family dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and regulations may not exempt either of the following: (1) More than two single-family dwellings by the same applicant within a subdivision prior to June 30, 1991. (2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are undeveloped. 21675.2. (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section 21675.1, the applicant or his or her representative may file an action pursuant to Section 1094.5 of the Code of Civil Procedure to compel the commission to act, and the court shall give the proceedings preference over all other actions or E CALIFORNIA CODES PUBLIC UTILITIES CODE proceedings, except previously filed pending matters of the same character. (b) The action, regulation, or permit shall be deemed approved only if the public notice required by this subdivision has occurred. If the applicant has provided seven days advance notice to the commission of the intent to provide public notice pursuant to this subdivision, then, not earlier than the date of the expiration of the time limit established by Section 21675.1, an applicant may provide the required public notice. If the applicant chooses to provide public notice, that notice shall include a description of the proposed action, regulation, or permit substantially similar to the descriptions which are commonly used in public notices by the commission, the location of any proposed development, the application number, the name and address of the commission, and a statement that the action, regulation, or permit shall be deemed approved if the commission has not acted within 60 days. If the applicant has provided the public notice specified in this subdivision, the time limit for action by the commission shall be extended to 60 days after the public notice is provided. If the applicant provides notice pursuant to this section, the commission shall refund to the applicant any fees which were collected for providing notice and which were not used for that purpose. (c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65946, inclusive, of the Government Code, may constitute grounds for disapproval of actions, regulations, or permits. (d) Nothing in this section diminishes the commission's legal responsibility to provide, where applicable, public notice and hearing before acting on an action, regulation, or permit. 21676. (a) Each local agency whose general plan includes areas covered by an airport land use compatibility plan shall, by July 1, 1983, submit a copy of its plan or specific plans to the airport land use commission. The commission shall determine by August 31, 1983, whether the plan or plans are consistent or inconsistent with the airport land use compatibility plan. If the plan or plans are inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its airport land use compatibility plans. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division's comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. 10 CALIFORNIA CODES PUBLIC UTILITIES CODE (b) Prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use commission pursuant to Section 21675, the local agency shall first refer the proposed action to the commission. If the commission determines that the proposed action is inconsistent with the commission's plan, the referring agency shall be notified. The local agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division's comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the public record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (c) Each public agency owning any airport within the boundaries of an airport land use compatibility plan shall, prior to modification of its airport master plan, refer any proposed change to the airport land use commission. If the commission determines that the proposed action is inconsistent with the commission's plan, the referring agency shall be notified. The public agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division's comments are not available within this time limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (d) Each commission determination pursuant to subdivision (b) or (c) shall be made within 60 days from the date of referral of the proposed action. If a commission fails to make the determination within that period, the proposed action shall be deemed consistent with the airport land use compatibility plan. 21676.5. (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its governing body after making specific findings that the proposed action is consistent with the purposes of 11 CALIFORNIA CODES PUBLIC UTILITIES CODE this article as stated in Section 21670, the commission may require that the local agency submit all subsequent actions, regulations, and permits to the commission for review until its general plan or specific plan is revised or the specific findings are made. If, in the determination of the commission, an action, regulation, or permit of the local agency is inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall hold a hearing to reconsider its plan. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division's comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (b) Whenever the local agency has revised its general plan or specific plan or has overruled the commission pursuant to subdivision (a), the proposed action of the local agency shall not be subject to further commission review, unless the commission and the local agency agree that individual projects shall be reviewed by the commission. 21677. Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division's comments are not available within this time limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the. commission and the division in the public record of the final decision to overrule the commission, which may be adopted by a majority vote of the governing body. 21678. With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to 12 CALIFORNIA CODES PUBLIC UTILITIES CODE overrule the commission's action or recommendation. 21679. (a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission, or in which the commission or other designated body has not adopted an airport land use compatibility plan, an interested party may initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, that directly affects the use of land within one mile of the boundary of a public airport within the county. (b) The court may issue an injunction that postpones the effective date of the zoning change, zoning variance, permit, or regulation until the governing body of the local agency that took the action does one of the following: (1) In the case of an action that is a legislative act, adopts a resolution declaring that the proposed action is consistent with the purposes of this article stated in Section 21670. (2) In the case of an action that is not a legislative act, adopts a resolution making findings based on substantial evidence in the record that the proposed action is consistent with the purposes of this article stated in Section 21670. (3) Rescinds the action. (4) Amends its action to make it consistent with the purposes of this article stated in Section 21670, and complies with either paragraph (1) or (2), whichever is applicable. (c) The court shall not issue an injunction pursuant to subdivision (b) if the local agency that took the action demonstrates that the general plan and any applicable specific plan of the agency accomplishes the purposes of an airport land use compatibility plan as provided in Section 21675. (d) An action brought pursuant to subdivision (a) shall be commenced within 30 days of the decision or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever is longer. (e) If the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune from liability for damages to property or personal injury from the local agency's decision to proceed with the zoning change, zoning variance, permit, or regulation. (f) As used in this section, "interested party" means any owner of land within two miles of the boundary of the airport or any organization with a demonstrated interest in airport safety and efficiency. 21679.5. (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport, shall be commenced in any county in which the commission or other designated body has not 13 CALIFORNIA CODES PUBLIC UTILITIES CODE adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan. (b) If a commission has been prevented from adopting the airport land use compatibility plan by June 30, 1991, or if the adopted airport land use compatibility plan could not become effective, because of a lawsuit involving the adoption of the airport land use compatibility plan, the June 30, 1991, date in subdivision (a) shall be extended by the period of time during which the lawsuit was pending in a court of competent jurisdiction. (c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan, which has not proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission or other designated body adopts an airport land use compatibility plan on or before June 30, 1991, the action shall be dismissed. If the commission or other designated body does not adopt an airport land use compatibility plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action. (d) An action to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport for which an airport land use compatibility plan has not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or within 30 days of the decision by the local agency, or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever date is later. 14 Federal Aviation Regulations Part 77 Subpart A GENERAL Arndt. 77-11, Sept. 25,1989. Objects Affecting Navigable Airspace 77.1 Scope. This part: (a) Establishes standards for determining obstructions in navigable airspace; (b) Sets forth the requirements for notice to the Administrator of certain proposed construction or alteration; (c) Provides for aeronautical studies of obstructions to air navigation, to determine their effect on the safe and efficient use of airspace; (d) Provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) Provides for establishing antenna farm areas. 77.2 Definition of Terms. For the purpose of this part: "Airport available for public use" means an airport that is open to the general public with or without a prior request to use the airport. "A seaplane base" is considered to be an airport only if its sea lanes are outlined by visual markers. "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service military airport planning document. "Precision instrument runway" means a runway having an existing instrument approach procedure util- izing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR). It also means a run- way for which a precision approach system is planned and is so indicated by an FAA approved airport layout plan; a military service approved military airport layout plan; any other FAA planning document, or military service military airport planning document. "Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight -in instrument approach procedure and no instrument designation indi- cated on an FAA approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority. 77.3 Standards. (a) The standards established in this part for determining obstructions to air navigation are used by the Administrator in: (1) Administering the Federal -aid Airport Program and the Surplus Airport Program; (2) Transferring property of the United States under section 16 of the Federal Airport Act; (3) Developing technical standards and guidance in the design and construction of airports; and (4) Imposing requirements for public notice of the construction or alteration of any structure where notice will promote air safety. (b) The standards used by the Administrator in the establishment of flight procedures and aircraft op- erational limitations are not set forth in this part but are contained in other publications of the Administrator. 77.5 Kinds of Objects Affected. This part applies to: (a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, in- cluding equipment or materials used therein, and apparatus of a permanent or temporary character; and (b) Alteration of any permanent or temporary existing structure by a change in its height (including appurtenances), or lateral dimensions, including equipment or materials used therein. Subpart B NOTICE OF CONSTRUCTION OR ALTERATION 77.11 Scope. (a) This subpart requires each person proposing any kind of construction or alteration described in 577.13(a) to give adequate notice to the Administrator. It specifies the locations and dimensions of the construction or alteration for which notice is required and prescribes the form and manner of the notice. It also requires supplemental notices 48 hours before the start and upon the comple- tion of certain construction or alteration that was the subject of a notice under 577.13(a). (b) Notices received under this subpart provide a basis for: (1) Evaluating the effect of the construction or alteration on operational procedures and pro- posed operational procedures; (2) Determinations of the possible hazardous effect of the proposed construction or alteration on air navigation; (3) Recommendations for identifying the construction or alteration in accordance with the cur- rent Federal Aviation Administration Advisory Circular AC 70/7460-1 entitled "Obstruction Marking and Lighting," which is available without charge from the Department of Trans- portation, Distribution Unit, TAD 484.3, Washington, D.C. 20590. (4) Determining other appropriate measures to be applied for continued safety of air navigation; and (5) Charting and other notification to airmen of the construction or alteration. 77.13 Construction or Alteration Requiring Notice. (a) Except as provided in 577.15, each sponsor who proposes any of the following construction or alteration shall notify the Administrator in the form and manner prescribed in 577.17: (1) Any construction or alteration of more than 200 feet in height above the ground level at its site. (2) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in paragraph (a)(5) of this section with at least one run- way more than 3,200 feet in actual length, excluding heliports. (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest run- way of each airport specified in paragraph (a)(5) of this section with its longest runway no more than 3,200 feet in actual length, excluding heliports. (iii) 5 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in paragraph (a)(5) of this section. (3) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical dis- tance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) (1) or (2) of this section. (4) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of Subpart C of this part. (5) Any construction or alteration on any of the following airports (including heliports): (i) An airport that is available for public use and is listed in the Airport Directory of the cur- rent Airman's Information Manual or in either the Alaska or Pacific Airman's Guide and Chart Supplement. (h) An airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and, except for military airports, it is clearly indicated that airport will be available for public use. (iii) An airport that is operated by an armed force of the United States. (b) Each sponsor who proposes construction or alteration that is the subject of a notice under para- graph (a) of this section and is advised by an FAA regional office that a supplemental notice is re- quired shall submit that notice on a prescribed form to be received by the FAA regional office at least 48 hours before the start of the construction or alteration. (c) Each sponsor who undertakes construction or alteration that is the subject of a notice under para- graph (a) of this section shall, within 5 days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having juris- diction over the region involved, if - (1) The construction or alteration is more than 200 feet above the surface level of its site; or (2) An FAA regional office advises him that submission of the form is required. 77.15 Construction or Alteration Not Requiring Notice. No person is required to notify the Administrator for any of the following construction or alteration: (a) Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (b) Any antenna structure of 20 feet or less in height except one that would increase the height of an- other antenna structure. (c) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or mete- orological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height -of which is fixed by its functional purpose. (d) . Any construction or alteration for which notice is required by any other FAA regulation. 77.17 Form and Time of Notice. (a) Each person who is required to notify the Administrator under 577.13 (a) shall send one executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices. (b) The notice required under 577.13(a) (1) through (4) must be submitted at least 30 days before the earlier of the following dates: (1) The date the proposed construction or alteration is to begin. (2) The date an application for a construction permit is to be filed. However, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to FAA at the same time the appli- cation for construction is filed with the Federal Communications Commission, or at any time be- fore that filing. (c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each no- tice submitted under the pertinent provisions of this Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a de- termination of no hazard be issued. (d) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30 day requirement in paragraph (b) of this sec- tion does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within 5 days thereafter. Outside normal business hours, emergency notices by telephone or telegraph may be submitted to the nearest FAA Flight Service Station. (e) Each person who is required to notify the Administrator by paragraph (b) or (c) of 577.13, or both, shall send an executed copy of FAA Form 117-1, Notice of Progress of Construction or Altera- tion, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. 77.19 Acknowledgment of Notice. (a) The FAA acknowledges in writing the receipt of each notice submitted under �77.13(a). (b) If the construction or alteration proposed in a notice is one for which lighting or marking stan- dards are prescribed in the FAA Advisory Circular AC 70/7460-1, entitled "Obstruction Marking and Lighting," the acknowledgment contains a statement to that effect and information on how the structure should be marked and lighted in accordance with the manual. (c) The acknowledgment states that an aeronautical study of the proposed construction or alteration has resulted in a determination that the construction or alteration: (1) Would not exceed any standard of Subpart C and would not be a hazard to air navigation; (2) Would exceed a standard of Subpart C but would not be a hazard to air navigation; or (3) Would exceed a standard of Subpart C and further aeronautical study is necessary to deter- mine whether it would be a hazard to air navigation, that the sponsor may request within 30 days that further study, and that, pending completion of any further study, it is presumed the construction or alteration would be a hazard to air navigation. Subpart C OBSTRUCTION STANDARDS 77.21 Scope. (a) This subpart establishes standards for determining obstructions to air navigation. It applies to ex- isting and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing air navigation facilities, such as an air navigation aid, airport, Federal airway, instrument approach or departure procedure, or approved off airway route. Additionally, they apply to a planned facility or use, or a change in an existing fa- cility or use, if a proposal therefore is on file with the Federal Aviation Administration or an ap- propriate military service on the date the notice required by §77.13(a) is filed. (b) At those airports having defined runways with specially prepared hard surfaces, the primary surface for each such runway extends 200 feet beyond each end of the runway. At those airports having defined strips or pathways that are used regularly for the taking off and landing of aircraft and have been designated by appropriate authority as runways, but do not have specially prepared hard sur- faces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At those airports, excluding seaplane bases, having a defined landing and take- off area with no defined pathways for the landing and taking off of aircraft, a determination shall be made as to which portions of the landing and takeoff area are regularly used as landing and takeoff pathways. Those pathways so determined shall be considered runways and an appropriate primary surface as defined in §77.25(c) will be considered as being longitudinally centered on each runway so determined, and each end of that primary surface shall coincide with the corresponding end of that runway. (c) The standards in this subpart apply to the effect of construction or alteration proposals upon an airport if, at the time of filing of the notice required by 577.13(a), that airport is - (1) Available for public use and is listed in the Airport Directory of the current Airman's Infor- mation Manual or in either the Alaska or Pacific Airman's Guide and Chart Supplement; or (2) A planned or proposed airport or an airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and, except for military airports, it is clearly indicated that that airport will be available for public use; or, (3) An airport that is operated by an armed force of the United States. 77.23 Standards for Determining Obstructions. (a) An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (1) A height of 500 feet above ground level at the site of the object. (2) A height that is 200 feet above ground level or above the established airport elevation, which- ever is higher, within 3 nautical miles of the established reference point of an airport, exclud- ing heliports., with its longest runway more than 3,200 feet in actual length, and that height in- creases in the proportion of 100 feet for each additional nautical mile of distance from the air- port up to a maximum of 500 feet. (3) A height within a terminal obstacle clearance area, including an initial approach segment, a de- parture area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (4) A height within an en route obstacle clearance area, including turn and termination areas, of a Federal airway or approved off airway route, that would increase the minimum obstacle clear- ance altitude. (5) The surface of a takeoff and landing area of an airport or any imaginary surface established under §77.25, §77.28, or §77.29. However, no part of the takeoff or landing area itself will be considered an obstruction. (b) Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of paragraph (a) of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are in- creased by: (1) Seventeen feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical dis- tance. (2) Fifteen feet for any other public roadway. (3) Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road. (4) Twenty-three feet for a railroad, and, (5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it. 77.25 Civil Airport Imaginary Surfaces. The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined *by the most precise approach existing or planned for that runway end. (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the pe- rimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tan- gent to those arcs. The radius of each arc is: (1) 5,000 feet for all runways designated as utility or visual; (2) 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface. (b) Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (c) Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary sur- face ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary sur- face is: (1) 250 feet for utility runways having only visual approaches. (2) 500 feet for utility runways having nonprecision instrument approaches. (3) For other than utility runways the width is: (i) 500 feet for visual runways having only visual approaches. (ii) 500 feet for nonprecision instrument runways having visibility minimums greater than three -fourths statute mile. (iii) 1,000 feet for a nonprecision instrument runway having a nonprecision instrument ap- proach with visibility minimums as low as three -fourths of a statute mile, and for preci- sion instrument runways. The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. (d) Approach surface. A surface longitudinally centered on the extended runway centerline and ex- tending outward and upward from each end of the primary surface. An approach surface is ap- plied to each end of each runway based upon the type of approach available or planned for that runway end. (1) The inner edge of the approach surface is the same width as the primary surface and it ex- pands uniformly to a width of: (i) 1,250 feet for that end of a utility runway with only visual approaches; (ii) 1,500 feet for that end of a runway other than a utility runway with only visual ap- proaches; (iii) 2,000 feet for that end of a utility runway with a nonprecision instrument approach; (iv) 3,500 feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three -fourths of a statute mile; (v) 4,000 feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three -fourths stat- ute mile; and (vi) 16,000 feet for precision instrument runways. (2) The approach surface extends for a horizontal distance of- (i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways; (ii) 10,000 feet at a slope of 34 to 1 for all nonprecision instrument runways other than util- ity; and, (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways. (3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (e) Transitional surface. These surfaces extend outward and upward at right angles to the runway cen- terline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary sur- face and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, ex- tend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline. 77.27 [Reserved] 77.28 Military Airport Imaginary Surfaces. (a) Related to airport reference points. These surfaces apply to all military airports. For the purposes of this section a military airport is any airport operated by an armed force of the United States. (1) Inner horizontal surface. A plane is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. (2) Conical surface. A surface extending from the periphery of the inner horizontal surface out- ward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. (3) Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (b) Related to runways. These surfaces apply to all military airports. (1) Primary surface. A surface located on the ground or water longitudinally centered on each runway with the same length as the runway. The width of the primary surface for runways is 2,000 feet. However, at established bases where substantial construction has taken place in accordance with a previous lateral clearance criteria, the 2,000 foot width may be reduced to the former criteria. (2) Clear zone surface. A surface located on the ground or water at each end of the primary sur- face, with a length of 1,000 feet and the same width as the primary surface. (3) Approach clearance surface. An inclined plane, symmetrical about the runway centerline ex- tended, beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 50,000 feet. The slope of the approach clearance: is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet the establish es horizontally at this elevation to a point e 50,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface, it flares uniformly, and the width at 50,000 is 16,000 feet. (4) Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, coni- cal surface, outer horizontal surface or other transitional surfaces. The slope of the transi- tional surface is 7 to 1 outward and upward at right angles to the runway centerline. 77.29 Airport Imaginary Surfaces for Heliports. (a) Heliport primary surface. The area of the primary surface coincides in size and shape with the des- ignated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.(b)Heliport approach surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports. (c) Heliport transitional surfaces These surfaces extend outward and upward from the lateral boun- daries of the heliport primary surface and from the approach surfaces at a slope of 2 to 1 for a dis- tance of 250 feet measured horizontally from the centerline of the primary and approach surfaces. Subpart D AERONAUTICAL STUDIES OF EFFECT OF PROPOSED CONSTRUCTION ON NAVIGABLE AIRSPACE 77.31 Scope. (a) This subpart applies to the conduct of aeronautical studies of the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. In the aeronau- tical studies, present and future IFR and VFR aeronautical operations and procedures are reviewed and any possible changes in those operations and procedures and in the construction proposal that would eliminate or alleviate the conflicting demands are ascertained. (b) The conclusion of a study made under this subpart is normally a determination as to whether the specific proposal studied would be a hazard to air navigation. 77.33 Initiation of Studies. (a) An aeronautical study is conducted by the FAA: (1) Upon the request of the sponsor of any construction or alteration for which a notice is sub- mitted under Subpart B of this part, unless that construction or alteration would be located within an antenna farm area established under Subpart F of this part; or (2) Whenever the FAA determines it appropriate. 77.35 Aeronautical Studies. (a) The Regional Manager, Air Traffic Division of the region in which the proposed construction or alteration would be located, or his designee, conducts the aeronautical study of the effect of the proposal upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace. This study may include the physical and electromagnetic radiation effect the proposal may have on the operation of an air navigation facility. (b) To the extent considered necessary, the Regional Manager, Air Traffic Division or his designee: (1) Solicits comments from all interested persons; (2) Explores objections to the proposal and attempts to develop recommendations for adjust- ment of aviation requirements that would accommodate the proposed construction or altera- tion; (3) Examines possible revisions of the proposal that would eliminate the exceeding of the stan- dards in Subpart C of this part; and (4) Convenes a meeting with all interested persons for the purpose of gathering all facts relevant to the effect of the proposed construction or alteration on the safe and efficient utilization of the navigable airspace. (c) The Regional Manager, Air Traffic Division or his designee issues a determination as to whether the proposed construction or alteration would be a hazard to air navigation and sends copies to all known interested persons. This determination is final unless a petition for review is granted under 577.37. (d) If the sponsor revises his proposal to eliminate exceeding of the standards of Subpart C of this part, or withdraws it, the Regional Manager, Air Traffic Division, or his designee, terminates the study and notifies all known interested persons. 77.37 Discretionary Review. (a) The sponsor of any proposed construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronauti- cal objection to it but was not given an opportunity to state it, may petition the Administrator, within 30 days after issuance of the determination under §77.19 or 577.35 or revision or extension of the determination under §77.39 (c), for a review of the determination, revision, or extension. This paragraph does not apply to any acknowledgment issued under §77.19 (c) (1). (b) The petition must be in triplicate and contain a full statement of the basis upon which it is made. (c) The Administrator examines each petition and decides whether a review will be made and, if so, whether it will be: (1) A review on the basis of written materials, including study of a report by the Regional Man- ager, Air Traffic Division of the aeronautical study, briefs, and related submissions by any in- terested party, and other relevant facts, with the Administrator affirming, revising, or reversing the determination issued under 577.19, 577.35 or §77.39 (c); or (2) A review on the basis of a public hearing, conducted in accordance with the procedures pre- , scribed in Subpart E of this part. 77.39 Effective Period of Determination of No Hazard. (a) Unless it is otherwise extended, revised, or terminated, each final determination of no hazard made under this subpart or Subpart B or E of this part expires 18 months after its effective date, regard- less of whether the proposed construction or alteration has been started, or on the date the pro- posed construction or alteration is abandoned, whichever is earlier. (b) In any case, including a determination to which paragraph (d) of this section applies, where the proposed construction or alteration has not been started during the applicable period by actual structural work, such as the laying of a foundation, but not including excavation, any interested person may, at least 15 days before the date the final determination expires, petition the FAA offi- cial who issued the determination to: (1) Revise the determination based on new facts that change the basis on which it was made; or (2) Extend its effective period. (c) The FAA official who issued the determination reviews each petition presented under paragraph (b) of this section, and revises, extends, or affirms the determination as indicated by his findings. (d) In any case in which a final determination made under this subpart or Subpart B or E of this part relates to proposed construction or alteration that may not be started unless the Federal Commu- nications Commission issues an appropriate construction permit, the effective period of each final determination includes - (1) The time required to apply to the Commission for a construction permit, but not more than 6 months after the effective date of the determination; and (2) The time necessary for the Commission to process the application except in a case where the Administrator determines a shorter effective period is required by the circumstances. (e) If the Commission issues a construction permit, the final determination is effective until the date prescribed for completion of the construction. If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal. L A -N*­1 A DIMENSIONAL STANDARDS (FEET) ITEM Ylsua RUNWAY IN STRVIIIENT CRUNWAY PREeIBIOM n iiR DIM A S A e 0 RUNWAY WIDTH OF PRIMARY SURFACE AND A APPROACH SURFACE WIDTH AT PSI) S00 S00 SDO 1.000 1,000 IMMER ENO RA0111S OF HORIZONTAL SURFACE 5000 15,000 5000 10000 -0000 1 10000 VISUAL NON- PRECISION 14TR M T APPR - - PRECISION APPROACH B WSTAUKNT A B A C 0 APPROACH C APPROACH SURFACE WIDTH AT END 1,250 1. S00 t.000 1 3,500 1 4,000 1 16,000 0 APPROACH SURFACE LENGTH 5 .000 3,000 5.000 10000 10000 ■ PE APP AOACH SLOP[ YO.1 t0 1 toil I 54 i 54.1 A- UTILITY RUNWAYS / B- RUNWAYS LARGER THAN UTILITY D- VISIBILITY MINIMUMS GREATER THAN 3/4 ■ILE 0- VISIAILITY MINIMUMS AS LOW AS 3,4 MILE A, PRECISION INSTRUMENT APPROACH SLOPE 15 50-1 FOR INNER 10,000 FEET AND 40•I FOR AN ADDITIONAL 40,000 FEET CONICAL SURFACE �►RECISION INSTRUMENT APPROACH C L OR RECISION APPROACH i C(SLOPE-E1 NoutoeuL wuAtL �!e'Nev[ (1144H11[e 4rpel [.I v4fi0e RUNWAY CENTERLINES lA E ISOMETRIC VIEW OF SECTION A —A 5 77.15 CIVIL AIRPORT IMAGINARY SURFACES Source: Federal Aviation Regulations Part 7 FAR Part 77 Imaginary Surfaces Please TvDe or Print on This Form Form Approved OMB No.2120-0001 14 Failure To Provide All Requested Information May Delay Processing Of Your Notice U.S Department of Transportation Federal Aviation Adminlstmtlon Notice of Proposed Construction or Alteration For FAA Use Only Aeronautical Study Number 1. Sponsor (person, company, etc. proposing this action) Attn. of Name: Address: _ City: State: Z;p: Telephone: Fax: a 9. Latitude: o � a 10. Longitude: o 11. Datum: ❑ NAD 33 ❑ NAD 27 ❑ Other 12. Nearest: City: State: 13. Nearest Public -use (not private -use) or Military Airport or Heliport: 14. Distance from #13.to Structure: 15. Direction from #13. to Structure: _ 16. Site Elevation (AMSL): ft. 17. Total Structure Height (AGL): _ ft. 18. Overall height (#16. + #17.) (AMSL): ft. 19. Previous FAA Aeronautical Study Number (if applicable): -OE 2. Sponsor's Representative (if other than #1) Attn. of Name: Address: City: State: Zip: Telephone: Fax: 3. Notice of: ❑ New Construction ❑ Alteration ElExisting 4. Duration: ❑ Permanent ❑ Temporary ( months, days) 5. Work Schedule: Beginning: End: 6. Type: ❑ Antenna Tower ❑ Crane ❑ Building ❑ Power Line ❑ Landfill ❑ WalerTank ❑ Other 7. Marking/Painting and/or Lighting Preferred: ❑ Red Lights and Paint ❑ Dual — Red and Medium Intensity White ❑ While — Medium Intensity ❑ Dual —Red and High Intensity White ❑ White — High intensity ❑ Other 8. FCC Antenna Structure Registration Number (if applicable) 20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Map with the precise site marked and any certified survey.) 21. Complete Description of Proposal: Fre uenc IPower kW Notice is required by 14 Code of Federal Regulations, part 77 pursuant to 49 U.S C. Section 4471 B. Persons who knowingly and willfully violate the notice requirements of part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., section 46301 (a). 1 HEREBY CERTIFY that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addi- tion, I agree to obstruction mark and/or light the structure in accordance with established marking and lighting standards as necessary. Date Typed or Printed Name and Title of Person Filing Notice Signature FAA Form 7460-1 (2.99) Supercedes Previous Edition Part-77 Notification FAA Form 7460 a ADVISORY U.S. Department of Transportation Federal Aviation CIRCULAR Administration AC 70/7460-2K Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace Effective: March 1, 2000 Prepared by the Air Traffic Airspace Management Program r1 U.S. Department ADVISORY of Transportation Federal Aviation Administration CIRCULAR Subject: PROPOSED CONSTRUCTION ORAL- TERATION OF OBJECTS THAT MAY AFFECT THE NAVIGABLE AIR- SPACE 1. PURPOSE. This Advisory Circular (AC) provides information to persons proposing to erect or alter an object that may affect the navigable airspace. The AC also explains the requirement to notify the Federal Aviation Administration (FAA) before construction begins and FAA's responsibility to respond to these notices in accordance with Title 14 Code of Federal Regulations (14 CFR) part 77, Objects Affecting Navigable Airspace. Additionally, the AC explains the process by which to petition the FAA's Administrator for discretionary review of the determinations issued by the FAA. 2. CANCELLATION. AC 70/7460-2J, Proposed Construction or Alteration of Objects That May Affect the Navigable Airspace, dated 11/29/95, is cancelled. 3. BACKGROUND/AUTHORITY. a. 49 U.S.C. Section 44718 mandates, in pertinent part, that "The Secretary of Transportation shall require a person to give adequate public notice ... of the construction or alteration, establishment or extension, or the proposed construction, alteration, establishment, or expansion, of any structure... when the notice will promote: (1) safety in air commerce, and (2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public -use airports." b. To this end, 14 CFR Part 77 was issued prescribing that notice shall be given to the Administrator of certain proposed construction or alteration. 4. EFFECTIVE DATE. This advisory circular becomes effective March 1, 2000. 5. NOTICES. a. WHY IS NOTIFICATION REQUIRED? Date: 3/1 /00 AC No: 70/7460.2K Initiated by: ATA-400 In administering 14 CFR Part 77, the FAA's prime objectives are to ensure the safe and efficient use of the navigable airspace. The FAA recognizes that there are varied demands for the use of airspace, both by aviation and nonaviation interests. When conflicts arise out of construction proposals, the FAA emphasizes the need for conserving the navigable airspace. Therefore, early notice of proposed construction or alteration provides the FAA the opportunity to: (1) Recognize potential aeronautical hazards to minimize the adverse effects to aviation. (2) Revise published data or issue a Notice to Airmen (NOTAM) to alert pilots to airspace or procedural changes made as a result of the structure. (3) Recommend appropriate marking and lighting to make objects visible to pilots. Before filing FAA Form 7460-1, Notice of Proposed Construction or Alteration, construction sponsors should become knowledgeable in the different types of obstruction marking and lighting systems that meet FAA standards. Information about these systems can be obtained from the manufacturers. Proponents can then determine which system best meets their needs based on purchase, installation, and maintenance costs. The FAA will make every effort to accommodate the request. (4) Depict obstacles on aeronautical charts for pilotage and safety. b. WHO MUST FILE NOTICE? Any person or an agent who intends to sponsor construction is required to submit notice to the Administrator if the proposed construction or alteration falls within any of the following categories: (1) Greater than 200 feet in height. The proposed object would be more than 200 feet above ground level (AGL) at its location. NOTE - See FIG 1 and FIG 2. AC 70/7460.2K 311100 Greater Than 200 Feet AGL at Object's Location [Over Land] Less than 200' AGL** More than 200' AGL Ground Level * Notice Required ,t Notice Not Required 200'AGL** A - Greater Tban 200 Feet AGL at Object's Location [Over Water] FIG I .............. -........... ._ ......... i FOR ANY STRUCTURE MORETHAN 200 FEET ABOVE THE SUFACE LEVEL OF rm SITE ( MEASURED FROM LOW WATER LEVEL WHEN CATENARY IS OVER WATER) (2) Near a Public- Use orMilitaryAirpor4Helipor4 or Seaplance Base. A public use airport, heliport or a seaplane base with visually marked seaplanes that is listed in the current Airport Facility Directory, the Alaska Supplement or the Pacific Chart Supplement, or near an airport operated by an armed force of the United States. (a) Airport or Seaplane Base. The proposed object or alteration would be within: (1) 20,000 feet of an airport or seaplane base with at least one runway more than 3,200 feet in length FIG 2 and the object would exceed a slope of 100:1 horizontally (100 feet horizontally for each 1 foot vertically) from the nearest point of the nearest runway. (2) 10,000 feet of an airport or seaplane base that does not have a runway more than 3,200 feet in length and the object would exceed a 50:1 horizontal slope (50 feet horizontally for each 1 foot vertically) from the nearest point of the nearest runway. NOTE - See FIG 3. 2 3/1100 AC 70/7460-2K ANrDM RENETAATEB SURFACE NOTICE REQUIRED Object Penetrates Airport/Seaplanes Base Surface BUILDING PENETRATES NOTICE REQUIRED X` X AIRPORTS VATH ONE RUNWAY MORE THAN 0,200 Fr. X-20.000 FT. SLOPE RAT)D 100:1 AIRPORTS WITH NO RUNWAY OVER a,➢OD FT. X. 10,000 FT. SLOPE RATIO Ml FIG 3 (b) Heliport. The proposed object would be within NOTE- 5,000 feet of a heliport and would exceed a 25:1 See FIG 4. horizontal slope (25 feet horizontally for each 1 foot vertically) from the nearest landing and takeoff area of that heliport. object Penetrates Heliport Surface, ANTENNA RENETRATEa NNINISAGE NOrim READ J IRC.LINNO PENETRATES SURFACE \ \ \\ NOTICEREGINNED AQ J _ _r ooNN:rraNcnoN CRANE 0 P9NETRANUB SURFACE 00 13 ❑ 0 NO PENETRAIIDN NOTICE REOUMM NOTICENDTREOUE W dlN TNDUON THE p - 00 13 - +� PPZh�erPA ETTNESuRFACL NEUPOfr TA.JZV F` '• I ..." ANDLANDINOAREA (3) Highways and Railroads. The proposed object is a traverse way which would exceed one or more of the standards listed in paragraphs a and b above, after the height of the object is adjusted upward as follows: (a) Private road: 10 feet or the height of the highest mobile object that would traverse the roadway, whichever is greater. (b) Other public roadways: 15 feet. FIG 4 (e) Interstate Highways: 17 feet. (d) Railroad: 23 feet. (e) Waterway or any other thoroughfare not previously mentioned: an amount equal to the highest mobile object that would traverse the waterway or thoroughfare. NOTE - See FIG 5. 3 AC 70/7460.2K 311100 Proposed Object in a traverse Way 1 17iT VZWMW OPAIRPORTRLWAY , e FT. I 1 G0W 0FFBIPORT TANWFF + OR LANpNO AReW S7S/ ASS S PRIVATE ROAD PUK=ROAD INTERSTATE MORNAY RAILROAD (4) Objects on a Public -Use or Military Airport or Heliport. The proposed construction or alteration would be on an airport or heliport, or any airport operated by an armed force of the United States, regardless of height or location. (5) When Requested by the FAA. The FAA may request notice if available information indicates the proposal may exceed an obstruction standard or the proposal may cause electromagnetic interference to aircraft, particularly construction associated with an AM, FM, or TV station including a change in authorized frequency or transmitting power, may cause transmitted signals to be reflected upon ground -based or airborne air navigation communications equipment, or affect instrument procedures. In addition, notice may be requested when the proposal may affect an air traffic control procedure, may obstruct air traffic controllers' line of sight capability, or may affect air traffic control radar. c. WHAT KIND OF STRUCTURES REQUIRE FAA NOTIFICATION? The following are examples of structures requiring notice to the FAA. (1) Proposed construction or alteration of structures such as: (a) Buildings. (b) Antenna Towers. (c) Roadways. (d) Overhead communications and transmission lines as well as the height of the supporting structures. (e) Water towers and the supporting structure. TALLSDTOE.EOT WATERWAY FIG 5 (2) Construction equipment or other temporary structures such as: (a) Cranes. (b) Derricks. (c) Stockpiles of equipment. (d) Earth moving equipment. d. WHEN MUST NOTICES BE FILED? Notice must be submitted: (1) At least 30 days before the earlier of the following: (a) The date the proposed construction or alteration is to begin, or (b) The date the application for a construction permit will be filed. (2) On or before the date the application for construction is filed with the Federal Communications Commission (FCC), if the proposed structure is subject to FCC licensing requirements. (3) Immediately by telephone or other expeditious means to the nearest FSS, with written notification submitted within 5 days thereafter, if immediate construction or alteration is required as in cases involving public services, health or safety. (4) As early as possible in the planning stage but not less than 30 days before construction will begin. e. HOW AND WHERE TO FILE NOTICE. Notification of the proposal should be made on FAA Form 7460-1, Notice of Proposed Construction or Alteration. Additional information such as charts and/or drawings that accurately depict the proposed construction or alteration should be included to 4 311100 AC 70/7460-2K facilitate the FAA's analysis of the project. The completed form should be mailed to the Manager, Air Traffic Division, of the regional office having jurisdiction over the area within which the construction or alteration will occur. NOTE - Information on regional addresses may be found on the FAA s website at www.faa.gov/atsfata/ata-400/0eaaa.htm or contact the FAA listed in local telephone books under United States Government. f. PENALTY FOR FAILING TO PROVIDE NOTICE. Persons who knowingly and willfully violate the notice requirements of 14 CFR part 77 are subject to a civil penalty. g. COMPLIANCE RESPONSIBILITY. A notice filed with the FAA does not relieve the proponent of compliance with laws, ordinances or regulations of any other Federal, state or local governmental entity. h. ASSOCIATED PUBLICATIONS. The following publications contain obstruction criteria, marking and lighting standards and specifications for lighting and paint. (1) Federal Aviation Regulations 14 CFR, part 77, ObjectsAffectingNavigable Airspace. This part sets forth the requirements for notice to the FAA of proposed construction or alteration and provides standards for determining obstructions to navigable airspace. 14 CFR, part 77 (Stock No. 050-007-00276-9) may be ordered from: Superintendent of Documents U. S. Government Printing Office Washington, DC 20402 (2) Advisory Circulars. FAA advisory circulars are available free of charge from: Department of Transportation TASC Subsequent Distribution Office, SVC-121.23 Ardmore East Business Center 3341 Q 75th Avenue Landover, MD 20785 (a)AC 7017460-1, Obstruction Marking and Lighting, describes the standards for marking and lighting structures such as buildings, chimneys, antenna towers, cooling towers, storage tanks, supporting structures of overhead wires, etc. (b) AC 15015190-4, A Model Zoning Ordinance to Limit Height or Objects Around Airports, provides a model -zoning ordinance to be used as a guide to control the height of objects around airports. (c) AC 15015300-13, Airport Design, includes planning information on electronic and visual navigational aids and air traffic control facility siting and clearance requirements that influence the physical layout of airports. (d) AC 15015345-53, Airport Lighting Equimpent Certification Program, addendum lists equipment model numbers and manufacturer's part numbers in compliance with item (e) below. The addendum is located on the Internet at the Office of Airports homepage: http://.vww.faa.gov/arpZaLphome.htm under Advisory Circulars. (e)AC 15015345-43, Specification for Obstruction Lighting Equipment, contains specifications for equipment used in obstruction lighting systems. (3) Marking Specifications and Standards. Aviation colors and paint standards and specifications are available from: General Services Administration Specifications Section 470 VEnfant Plaza, Suite 8214 Washington, DC 20407 (4) FAA Forms. FAA forms are available free of charge from all FAA regional offices. (a) FAA Form 7460-1, Notice of Proposed Construction or Alteration, is used to notify the FAA of proposed construction or alteration of an object that may affect the navigable airspace. (b)FAA Form 7460-2, Notice of Actual Construction orAlteration, is used to notify the FAA of progress or abandonment, as requested on the form. The FAA regional office routinely includes this form with a determination when such information will be required. The information is used for charting purposes, to change affected aeronautical procedures and to notify pilots of the location of the structure. i. ADMINISTRATIVE ASSISTANCE TO CONSTRUCTION PROPONENTS. (1) Airspace specialists are available in each regional office to assist proponents in filing their notice. Proponents are encouraged to call in advance for appointments. Limited resources often prevent the specialist from responding spontaneously without advanced planning or preparation. (2) To insure timely determinations, construction proponents must submitcomplete and accurate data. Lack of complete and accurate data could result in the return of the form. United States Geological Survey quadrangle maps are available at nominal costs to aid in determining 5 AC 70/7460.2K 3/1100 the geographical coordinates (latitude/longitude) and site elevation above mean sea level. The latitude/longitude information should be submitted in North American Datum of 1983. The quadrangle maps can be obtained from: U.S. Geological Survey Reston, Virginia 22092 Telephone No. (703) 860-6045 U.S. Geological Survey District Branch P.O. Box 25286, Bldg. #41 Denver, Colorado 80225 Telephone No. (303) 844-4169 (3) Airport planners are available for assistance with construction proposals on Federally obligated airports. (4) Proposals for electronic transmitting devices should include frequency, effective radiated power (ERP), radiation center height (RCAMSL), and antenna characteristics such as number of bays, beam tilt, and null fill. 6. FAA's RESPONSIBILITY. a. The FAA will acknowledge receipt of the notice. b. After initial screening, the outcome of the screening will be sent to the filer and may state one of the following: (1) The proposal is not identified as an obstruction and would not be a hazard to air navigation, or (2) The proposal would be an obstruction unless reduced to a specified height and is presumed to be a hazard to air navigation pending further study. When this is indicated, the acknowledgement will either specify that the FAA has initiated further study, or the proponent may elect to reduce the height or request further study within (sixty) 60 days, in which event, the FAA will begin the study when the proponent so advises. c. If further aeronautical study is initiated, public notice may be prepared and distributed for comments to those agencies, organizations, or individuals with known aeronautical interests to determine if the proposal would be a hazard to air navigation. State and local aviation authorities, as well as various military organizations of the Department of Defense, are also offered the opportunity to comment on the aeronautical effects of the proposal. d. All responses received by the end of the specified comment period are analyzed by the FAA regional specialists for valid aeronautical comments and objections. e. The office conducting the study may decide to conduct an informal airspace meeting with interested parties to discuss the effects of the proposal and to gather additional facts or information relevant to the study. L The FAA specialists may negotiate with the proponent during the study process to resolve any adverse effect(s) on aeronautical operations. Many times, a minor reduction in height and/or relocation of a proposed structure will eliminate or sufficiently minimize adverse aeronautical effects that would permit the issuance of a Determination of No Hazard to Air Navigation. g. After the aeronautical study is completed, the regional office will normally issue a: (1) Determination of Hazard to Air Navigation; or (2) Determination of No Hazard to Air Navigation. h. An FAA determination is a conclusion based on the study of a structure's projected impact on the safe and efficient use of the navigable airspace by aircraft. It should not be construed as an approval or disapproval of the project. i. The FAA usually recommends marking and/or lighting of a structure when its height exceeds 200 feet above ground level (AGL) or exceeds Part 77 obstruction criteria. However, the FAA may recommend marking and/or lighting of a structure that does not exceed 200 feet AGL or Part 77 obstruction standards because of its particular location. 7. HOW TO PETITION THE ADMINISTRATOR FOR DISCRETIONARY REVIEW. a. When a determination is issued under 14 CFR Section 77.19(except Section 77.19 c.)(1)), or Section 77.35 or when a revision or extension is issued under Section 77.39 (c), you may petition the FAA Administrator for a review of the determination, revision, or extension if you: (1) Are the sponsor of the proposed construction or alteration, (2) Stated a substantial aeronautical objection to the proposal during an aeronautical study, or (3) Have a substantial aeronautical objection but were not given an opportunity to state it. b. The petition must be submitted within 30 days after the issue date of the determination, revision, or extension and must contain a full statement of the basis upon which it is made. Submit an original and two copies to: Manager, Airspace and Rules Division, ATA-400 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 John S.Walker Program Director, Air Traffic Airspace Management Program EXHIBIT 6 Los Angeles Unified School Distract, Plaintiff vs. CITY -OF LOS ANGELES, and DOES 1 through 100, inclusive, Defendants �t. I a,� 4 s 7 8 9 10 42 -3 14 !S :6 17 '•8 19 Ito It 2 1 23 t 1.4, �G rl S 11 rT .N9 !. w.rr City At A ney 1?RENQ8 14. NAGIN, senior Assistant City Attorney VI, ES H. PEARSON, Assistant City Attorney #I World Way ORi6ie%"ML Los Angeles, California 90009 i F �j' '� ��(213) 646--3260 55�39 Attorneys for Defendant, J AN 171980 CITY OF LOS ANGELES SUPERXOR COURT OF CALIFORNIA, COUNTY OF LOS ANGRLES LOS ANGELES UNIFIED S ll C1i00L DT5T1tICT, ) NO. 965,067 Plaintiff, ) AMENDED JUDGMENT AND vs: } r`INAL ORDER TN CONDEMNATI CITY OF LOS ANGELES, and DOESl _ ) ? through 100, inclusive, • ve, } FREE Defendants. ) INGLEWOOD UNIFIED SCHOOL DISTRICT, , NO. 986,492 ., plaintiff, } vs. ) } RECORDED IN OFFICIAL RECOR05 CITY OF LOS ANGELES, and DOES 1 }.r27 OF ��$ ANGELES COUtVyY, CALIF. through 100, inclusive, } st1 ) A.M.•!AN 36 1980 Defendants. } Registrar Recorder CENTINELA VALLEY UNION NIGH SCHOOL ) NO. 996,447 DISTRICT, Plaintiff, ) t •, �� VS. ) CITY OF LOS ANGELES, and DOES 1 ) } through 100, inclusive, ) ) Defendants. -I- PL S i 6 ,d 19 �1 '2 .3 24 'S ..'6 7.7 18 • _ -WRY"" .,, ,� '.CIE sc;c;oo ,'nxsmRxc�r, Plaint ifi', Va. cITY OF LOS ANGELES, and DOES l through 100, inclusive, Defendants. No. 986,1144 ' ) LENNOX SCHOOL DISTRICT, ) NO. 986,446 Plaintiff, ) VS. ) CxTX OF LOS ANGELES, and DOES 1 ) through 100,,inalusive, ) Defendants. ) W.UEHEAS, the plaintiffs Los Angeles Unif:Xed School. District, Inglewood Unified School District, CentineYa Valley Union High School, District, El Segundo Unified School District and Lennox School District have brought these consolSdated actions under the theories of inverse condemnation, trespass, -nuisance, dangerous condition of public property and negligence against .the defendant City. of Los Angeles seeking damages for the alleged injuries to plaintiffs' real property and inberference with plaintiffs' .educational. programs 4 , t n caused by noise, vibtations and fumes emanating from the Jet aircraft r using defendant's Los Angeles International Airport faoillty; and WHEREAS, the plaintiffs allege that the landing and takeoff operations of the jet aircraft using the Los Angeles International Airport facility have caused substantial levels of noise, vibrations and Runes to enter and Interrere viith the oulet enjoyment of 80-- 551.39 -2- i�rit fs' pacels be real property and the school operat•:Lons, Cori.. 1 z rl, ,Z dueted on'those certain parcels of plaintiffs' real. property sat; forth in paragraph x below; and WHEMAS, since the year 1970 and for some tirde prior there- to and .continuing to the present, the defendant City of Los Angeles: has o0ned, operated and maintained the Los Angeles International Airport, and that such ownership, operation and maintenance of said.. Los Angeles International. Airport facility.has annually resulted' in the landing and takeoff of a substantial number of jet aircraft; and o WHEREAS, disposition is not.► to be made of all claims 'in this action arlsi.rig from the alleged -taking and damaging of plaintiffs' said parcels. of real property by the defendant City of Los Angeles and that the defendant City of .Los Angeles 'is to acquire air easements in )plaintiffs' certain parcels of real property; and WHEREAS, the purpose of the air easements granted hereunder for noise, vibrations and fumes over plaintiffs' certain parcels of real property running to the benefit: of defendant City of Los Angeles is for the purpose of resolving all questions between the parties arising out of the defendant City of Los Angeles' operation of that certain faallity known as the Los Angeles International Airport and: of the consequent overflight or fly --by of jet aircraft w1th the attendant consequences of noise, vibrations and fumes interfering with plaintiffs' certain parcels of real ptopert:y; and W11F,RCAS, a written stipulation having been duly executed So- 55139 -3- Y tip' ', Etnff.l,ed hereill by and between the plaintiffs, LOS ANGELrS UllyIED SCHOOL DISTRICT, .INGLES`IOOD UNIFIED SCHOOL DISTRICT, CEATI1iELA VALLEY 3 UNION 111611 SCHOOL DIS'. )RICT, EL SEGUNDO UNIKED SCHOOL DISTRXCT• and 4 5 6 S 9 10 it 12 -13 14 '1 s 16 ,17 '1$ .19 20 21 •22 '23 ,2d CS '26 ?7 fi '' 4 LENNOX SCHOOL DISTRICT, by and through John 1i. Larson, Caunt-y Counsel and Charles Vinson Taekett, Deputy County Counsel,, attorneys of record for said plaintiffs, and the defendant CITY Or, LOS Alg0ELES� by and through Burt Pines, City Attorney, Milton N. Sherman, Chief Assistant City Attorney -- Airports D�vislon, and •James H. Pearson., •. Assistant City Attorney,.a.ttorneys of record foV said defendant, arici the.court being -fully advised in the premises; s ' NOW, T � ' •v�. ! . t , • HEREFOR•E, in, accordance viith said stipulatior�� _ records and tiles 'herein, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. The plaintiff Los Angeles Unified School District Is the owner of certain parcels of real property operated for sabool Purposes and commonly described as: AArport Junior High School Century Park School. Emerson Manor School Figueroa Street School John C. Fremont Ifig1:• School. Samuel Compers Junior High School II so-- 55139 �t1� /;000 Airport Boulevard Los Angeles, Callfornia 20935 South Spinning Avenue Los Angeles, California 881.0 Emerson• Avenue Los Angeles, • California 510 West 111th Street Los Angeles, California 7676 South San Pedro Street; Los Angeles, California 234 East 112th Street Los Angeles, California tJ .r �b e '?3 4 3 9 Bret' ilarte Junior High School Kentwood School. La Salle Avenue School Alain Leroy Locke'Hi.gh School. Loyola Village School. Manchester Avenue School Manhattan Place School Horace Mann Junior Nigh School McKinley. Avenue School Loren Miller School. Ninety -Fifth Street School. Ninety --Eighth Street School Ninety -Ninth Street School Ninety -Second Street School ti r. Ninety --Seventh Street School idlnety-Sixth Street School Ninety -Third Street School One Hundred Ninth Street School One 11undred• Seventh Street' School so- 55139 930.1 South Hoover Street Los Angeles, California, 81101 Emerson Avenue Los Angeles, California 8715 La Salle Avenue Los Angeles, California 325 East 111th Street Los Angeles, California 8821 Villanova Avenue* Los Angeles,`CaXlfornia 661•West 87th Street Los Angeles,.California 1850 West,96th Street .Lou Angeles, California 7001 St. Andrews Place Los Angeles, California 14431 Stanford Avenue Compton, California 830 West 77th Street Los Angeles, California 1101 West- 96th Street Los Angeles, California 5431. West 98th Street Los Angeles, California 920 East 99th Street Los•Angeles, California 921.1 Drupe Street Los Angeles, California 400 West 97th Street ,Los Angeles, California. 11177 Eant 96th Street Los Angeles, Callfhrnla 330 East 93rd Street Lou Angeles, California 10911 McKinley Avenue Los Angeles, California. 147 East 107th Street - Los Angeles, California r, Parmelee Avenue 'Scho�1, Vaseo Del Rey School. Raymond Avenue School Seventy -Fifth Street School Seventy -Fourth Street School South Park School George Washington High School Westchester High School Wooderest School 1338 East 76th Place Los Angeles, California 7751 Paseo Del Rey Playa Del Hey, California, 751.1. Raymond Avenue Los Angeles, California- 142 West: 75th Street, Los Angeles, California. 2132 Weat: 74th Street Los Angeles,- Cal.i fornid, 430 East 85th Street Los Angeles., California 10860 banker Avenue Los Angeles, California 7400 West. NancheateV Avenue .Los Angeles, California 1151 West 1.09-th Street Lds Angeles, California �11 and legally described as set forth in Exhibit "A1l attached hereto and, Incorporated by reference herein. T2)e plaintiff Inglewood Unifled School District is the owner of certain parcels of real property operated for school purposes and commonly described as; Hudnall. Elementary School Inglewood High School. William E. Kelso Elementary School Kelso Children Center ap- 55139 -6- 331. West Olive - Street Inglewood, California 231 South GrevilLea Avenue Inglewood, California Bog East: Kelso Street Xnglewood, California 8i7 Last Kelso Street Inglewood, California Crozier Junior '}ligh' School Center Park School Warren Lane Elementary School Monroe Junior High School Morningsiide High School Oak Street Elementary School. Payne Elementary School Woodworth Elementary School Orthopedic Unit Education Center 151 Nox U) Grev:ill.ea Avenue Inglewood, Calal'orn.ia 11101 Yukon Avenue Inglewood, Cal:il'ornla 9330 South Eighth Avenue Inglewood, California. 10711 Tenth Avenue Inglewood, California 1.05-00 South Yukon Avenue Inglewood, California 633 South oak Street Inglewood,. California •215 blest Ninety -Fourth Street Inglewood, California 3200 I -lest 104th Street Inglewood, California 10409 Tenth Avenue Inglewood, California 401 South Inglewood Avenue Inglewood, California and legally described as set forth in Exhibit "B" attached hereto and incorporated by reference herein. The plaintiff Centi.nela Valley .Union High School District is the owner of a certain parcel o: real property operated for school .K purposes and commonly described as: Lennox High School 11033 South Buford Avenue. Lennox, California and. legally described as set faith in Exhibit "C" attached he.reto and incorporated by reference herein. 'I'h4 plaintl-ff E.1 Segundo Unified School District is the owner of certain parcels 'of real property operated for school purposes and commonly described as: Administrative Office Center Street School Imperial School Richmond Street School Junior High School` High School Ada L. Jones Work Training Center Development !Center for Handl-- capped Minors Curriculum Materials Laboratory 203 Richmond Street El Segundo, Ca].i'fornia 700 Center Street El Segundo, California 540 imperial Avenue . El Segundo, California 615 Richmond Street E1' Segundo, California 332 Center Street.; El Segundo, Calii rdrnia 64o Main Street Ei. Segundo, California 901 Hillerest Street El Segundo, California V759 Acacia Street R1 Segundo, California 219 FkAnklln Avenue El Segundo, California and legally described as set forth•ln Exhibit "A!' attached hereto and incorporated by reference herein. The platnti.ff Lennox School. District is the. osmer of r . certain parcels of real property operated for schoox purposes and commonly described -as! Buford Avenue School. Felton Avenue Intermediate School. 80-- 55139 -8- 4919 west 109th Street Inglewood, California 1041.7 Featbn Avenge Inglewood, California 4 a rt 14 Jeffersod Scliool 10322 Condon Avenue f , Inglewood, California Larch Avenue School 11200 Larch Avenue Inglewood, Callrornl,a. Whelan School 4125 West 105t:h Street Inglewood, California and legally described as get• forth In Exhibit "E" attachad hereto and incorporated by reference herein. 8a.- 55139 2. The defebdanG City of Los Angeles is the owner of certain },.ircels of real property operated by it for airport purposes under the name Los Angeles International. Airport, and bearing the conmonly known address for administrative purposes of 1 World lJay, Los Angeles, California. 3. In determining the nature and extent of the air easements to be granted to -defendant pursuant to this Judgment and Final Order, it is necessary'that the description of such air easements be made in yuantitative engineering terms setting forth specific levels of noise exposure that i-iill be pexmItted within• the scope of the air easements. The griterion or quantitative measure of noise exposure used for the purpose of describing. and establish3.ng the air easements granted herein shall be the Community Noise Equivalent Level (CNEL) methodology as authorized by Article 3, Chapter A, Part I.- Division 9, Public UtilAties Code of :the State of California and as contained in the California Administrative Code, Title 4, Subehapter 6, Noise Standards. Said nols•e standards are those in effect on June 211,_ 1975. The CNEL values for the air easements shall be measured, calculated and establlshdd by the procedures contained in the "Statement of Procedures for Determining CNEL and any Surcharge Thereon" which is attached hereto'as Exhibit "F" and made a part hereof. Further, t;''1re procedures and information that are to be used to determine actual. CNEL vmldes at each of the•indi.vidual parcels of real property are set forth in said Exhibit 'IF." In the event there is a claimed surcharge on one or more of the easements granted herein, the Parties' shall use only the procedures set forth in Exhibit "I"' to determine the 80... 55139 . . .-Zr,_ �„ �•,vac�:idit,y. kr such claim. VibrAtion' and fume .level.., are''nr;►firc�tlatzti- Istatively described fbi, tiie' purpose of the distribution 01' the air easements but it is agreed that those levels of vibration and t fumes which accompany the agreed -to CNEL values shall, not be a burden of the easements. 6 �. A. The defendant City of Los .Angeles does acquire by this Judgment and Final Order air easements as i'ollows: 9 a. An air. easement for the use of all of the air space rt over or through each of the parcels of real property of the plaintiffs as set forth in Paragraph l of this Judgment and ,3 Final order,,and legally described in Exhibits "A" through 14 "Eattached hereto and made a part hereof. Such air S easements shall be for air navigation' purposes Including 16 landing and takeoff operations sugh that the Community Noise •7 Equivalent Levels experienced at the site of each of the ;g several parcels of property of the plaintiffs shall not 19 exceed the respective values set forth in the fourth column., 10 entitled Maximum CNEL, db, of Table I attached to and made a li part of Exhibit 'I " or as modified by those values- contained 12 , in Table 11 of said Exhibit "F" should the defendant exeic'cjse �3 the option set forth below In this subparagraph a. If the 24 defendant burdens or surcharges the ee.sement at any_Eivoh l5 site of plaintiffs' properties, it shall only be a surcharge 26 to thai individual site. However, the defendant may in the 17 future deem it necessary to modify the distribution of aircraft operations betifeen the two runway aomplexes - R(t� 55139 . 0 (.5ou1fh Complex Runways 25L/?R and 2511/7L and No rCh CoMv�l;/ - r 1 Runways 211L/6R and 21m/6b) by attempting more evenly to balance the number of such operations conducted to and from each runway complex. The defendant shall have the option to so modify its operations in the future and shall he awarded the easements necessary to accommodate such more balanced operations. In the event the defendant exercises this option, the air easements at each of the several parcels' of property of the plaintiffs shall not exceed the respective values set forth in the fourth column, enti.tld d Maximum CNEL, db, of Fable 11 attached to and made a part of ' Exhibit 'IF." Defendant shall give plaintiffs sixty UC) days' notice in writing of Its intenkion to exercise this option. if the defendant exercises the option as set Forth above, that exercise shall represent an irrevocable determination oft the easements granted herein and defendant shall not be allowed to return to the easements as set forth in Table i attached to and made a part of Exhibit 'IF." b. The easements granted herein specifically exclude the operation at Los Angeles International Airport of•(:t supersonic transport category aircraft-; and (2) any new type•or class of aircraft manufactured after January 1, 1974 that exceed the noise standards in effect on June"24, 1975 for the Issuance of type certificates for subsonic transport category aircraft in T1tle 111, Code of Federal negula.tions, Chapter 1, Part 36, or in the International Standards and Recommends-W Practices Aircraft Noise pursuant to Annex 16, •1. 4 P.the interhational Civil Aviation OrSaiinrai�t (1CAO ) . f if such type or class of aircraft is authorized to operato at Los Angeles International Airport without approval of' the defendant, plaintiff's prior to 3niti,atAng, any action alleging a surcharge of the easements granted herein shall join defendant in seeking to bar such operations by all appropriate judicial. means. Further, the parties shall seek indemnification and/or damages from the authorl.ing authority prior to resolving any claims for alleged surcharge. 5. The fair market value of the air easements being . n acquired by the defendant City of Los Angeles over plaltitif:'s � certain parcels df real property Is $20,942;298.00. b. The air easements acquired herein by defendant 6i.ty of Los Angeles are to be interpreted, for purposes or any Claimed surcharge of the air easements, using the standard of reasonableness. Exhibit "F" attached hereto establishes 0.5 db as the minimum deviation necessary to be gxceedea before a surcharge can be claimed. 7. From time to time, repairs, improvements and cones strutti.on on the Airport site and other operational requirements may cause deviations from the easements granted herein. Such deviations are to be temporary and not permanent and -any and all, repairs, improvements and construction or other operational recuire- ments shall, be carried on in a diligent manner so as to njinimi2e any temporarily increa36d noise impaction resulting from suc:l-j repairs,* improvements and construction or other operational ISO- 55139 _ 13-- I .r.c�'ui.r•r,l�'nts. Ct :i,,antic loat d that the clerrndant• vi-11 Jr-, the, I.rutyrc perPorin extensive construction modif:icatiohs to the south runways (Runways 25z,/7R and 2519/7L) and the Sepulveda tunnel, Such construction will require the closure of both runways, however not at the same time. While each of the south runways Is closed, addi— tional traffic by necessity will be placed upon the north runways (Runways 24L/6R and 21IR/6L). The overall construction period is g scheduled to encompass several months and shall be recognized as a -► deviation within the provisions of this Judgment and VInal. Order. 8. The air easements awarded herein to the City of -Los t Angeles shall extend to any new schools constructed or additions e3 to existing schools by the various school districts represented in 'I the suit and the respective plaintiff school districts have the J responsibility to so construct such new facilities in such 4 manner 16 as to exclude in the classroom afiy objectionable levels of noise 7 created by the operation of the defendant's Los Angeles International. '_•� ,$ Aixpor6 to the extent of the easements granted herein. The extent 19 of any such air easements applicable to such new schools shall, be D mutually determined by the parties hereto using the procedures set I forth in Exhibit "F. " _'3 9. Upon payment of the total sum or $20;942,298.00 �4 to the Cleric of this Court for the benefit of the plaXntiffs, the 6 defendant City of Los Angeles; shall be awarded -the air easements 1G described herein. Said total sum shall be distributed by the* ',7 Cleric or the Court in warrants as follows: `11I^ "12 .'3 •?4 2.6 '�7 .19 T0: s LOS ANCI LBS UNII:ICD SCHOOL DISTRICT c/o John H.• Larson, County Counne:l and Charles Vinson Tackett, Deputy County Counsel the SUM of a10,257,957.110• TO: XNGLEWOOD U141PIED SCHOOL DISTRICT c/o John H. Larson, County Counsel and Charles Vinson Tacketb, Deputy County Couns- el the sum of $5,884,733.66. _ TO: CENTINELA VALLEY U14ION HIGH SCHOOL 1ASTRICT c/o John H. Larson, County Counsel. and Charles Vinson Tackett, Deputy County Counsel the sum of $789, 918. 91. TO: EL SHOMIDO UNIFIED SCHOOL DISTRICT c/o John H. Larson, County Counsel and Charles Vinson Tackett, Deputy County Counsel, the surf of $1, 480, 923. 36. TO: LENNOX SCHOOL DISTRICT c/o John H. Larson,, County Counsel and Charles, Vinson Tackett, Deputy'County Counsel the sum of $2, 528, 764.. 67. i 10. The money paid by the City of Los Angeles ror 1 the air easements awarded herein shah. only be usecl by t11e respective .I school districts to complete necessary construction or stxtitot-urt<i 80-- 5513J - 15-- J 4 c� /!, Enod•ill.cet ions bf their ita 1.li.t:ie. so as to reduce the. noise *Iove•Is In the classrooEns resulting fror. the operation of cornnrerc:ial ;let aircraft to 'and front and at Los Angeles International Airport. 11. Upon payment of said sum into Court, for the benei'i.t of the plaintiffs, all of thu claims made by said'pla,intiffs for property damage and/or the taking of an interest in their respective properties In this action are fu? ly sati.si'i.ed. ` 12. The school, districts herein are barred forever from bringing additional suits against the Cliy of Los Angeles arising from the use of the air easements respecting operations - of jet aircraft to and from and at Los fingeles• International Airport: under. any theory of recovery so long as the City of Los Angeles does not exceed the air easements . granted herein, 13. The purpose for which said air easements are condemned :is for an airport, a public use authorized by late, and a taking of said property is necessary for such use. 14. The amount to be deposited Into Court • for the benafit of the plaintiffs as dessrj.bed herein and through the procedures as set forth herein includes all of plaintiffs' attorney fees, litIga.t'ion costs and interest granted for the plaintiffs and totally satisfies plaintiffs' claim as to property damage oi- the taking of an interest therejn. 8o- 55139 -1 1- 2 3 4 5 6 7 8 9 io i1 12 �.3 14 16 16 17 is 19 20 21 22 23 24 25 26 27 28 1.5. The date of the taking of the air easements awarded herein shall be deemed to have been on December 8, 1969. 16. The legal descriptions contained in Exhibits "At' through "E" attached hereto are presumed to be Corfect. If after entry .and recordation of this Judgment and Final. Order, discrep- ancies in any legal description are found, this order may be modified by an order nunc pro tune to correct the error or errors. Dated: /� 7 - c o WILLIAM P. 1­1000130010 Judge of the Superior CoxArt THIS CERTIFIED COPY IS G:VEN FREE OF PiARGI� PURSUANT TO LAW SOLELY UPON 1HE CONDI- TION THAT IT IS TO BE USED FOR OFFICIAL BUSINESS AND/OR. TO DETERMINE ELIGIBIL Y. 1 f 08 VETERANS BENEFITS ......, .......� THE DOCL441ENT TO WHICH THIS CERTIFICATE- IS Att TACHED IS A FULL. TRUE AND CORRECT COPYOFIHE ORIGINAL. 014 FILE AND C -COrD IN FFIM SAME HAVING DEr-N OLI AND VnERED../...7.4.11.................A...'.... �j ATTEST ......... ,,�.....�....... PACE 18 r VIA Iftf VIA oftb& Svadoe dohq J. r to � , SWO Of CAI OMN. (Ofmhtf148 AIL�irs, A by i 5'139 - 17 - l EXHIBIT 7 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: City Clerk City of El Segundo 350 Main Street El Segundo, CA (For benefit of City of El Segundo; No fee per Government Code § 27383) DECLARATION OF CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY In accordance with Government Code § 27281.5 and other applicable law, the City of El Segundo ("City") imposes the following conditions(s) and restrictions on the real property owned by ("Owner") more specifically described in attached Exhibit "A," which is incorporated by reference (the "Property"): Use of the Property is burdened by the air easements imposed by Los Angeles Unified School District v. City of Los Angeles, et al., LASC Case No. 965,067 filed January 7, 1980 and recorded as Document No. 80-55139 with the Los Angeles County Recorder's Office. This restriction runs with the land and binds the Owner and all future purchasers, optionees, lessees and other transferees of the Property, or any subdivision thereof, and their respective successors and assigns. This restriction is part of and must be inserted into the covenants, conditions and restrictions ("CC&Rs") affecting the Property required as part of City's approval of any project constructed on the Property. In addition, although not required by Civil Code § § 1103, et seq., each prospective tenant of leased residential property within the Project must also be notified as required by this condition and restriction. All notices must provide as follows: "NOTICE OF AIR EASEMENTS — This property is subject to air easements that may affect your property rights. Such air easements are recorded with the Los Angeles County Recorder's Office as Document No. 80-55139." -1- NOTICE OF AIRPORT IN VICINITY — This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, soot, or odors). Individual sensitivities to those annoyances can vary from person to person. The property is within the 65 db CNEL noise contour. The property is required to achieve an interior noise of not more than 45 db CNEL. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." Owner(s) hereby agree(s) to this condition being recorded. OWNER(s) By: (Print name here) Date: By: (Print name here) Date: CITY OF EL SEGUNDO Us Greg Carpenter, Interim City Manager Date: (*Note: All signatures to be notarized) -2- EXHIBIT "A" (complete legal description) -3- EXHIBIT 8 El Segundo City Council. E1 Segundo Unified School District Re: Key card study Park Vista Senior FaoilitY We have listened to a lot of discussion about our new key card system and read many Letters with various complaints. It is to be expected that when there is change issues will arise that we "didn't" anticipate. in this case there were many so we were asked to re -think the policy the board adopted. There are many issues associated with the change that we reviewed but our recommendation was made primarily on the basis of our desire to be understanding of the feelings and fears of the residents of bark vista. Having said that we would like to express a STRONG opinion about a need we believe our senior community has, it is evident to us on the board that this key issue was motivated to a large degree by the need for many of the residents to have additional assistance on a regular basis from family and friends. We are not in a position to judge whether that need goes beyond the need in an "active" verses "assisted" senior living situation. We would like to believe that the desire to help by these family members is the same kind of caring that the citizens of our community showed when they built this facility in 1982! That belief_ doesn't change our opinion that we need to step up to the plate as a community AGAIN and build additional senior housing and some assisted living units in El Segundo. Our population has grown about 20a since this facility was approved and we now have 12% of our residents over 65 and these statistics are probably going to get worse not better. The best estimate we have from management is that future residents of Park Vista have at least,a S year wait for an open unit! Our STRONG recommendation is that we get moving on this "yesterday" so that we can provide for the needs of other seniors in our community that now have NOWHERE TO GO! Thank You, El Segundo Senior Citizens Housing Corporation Peter Freeman, President John Nisley, Vice President Carol Wingate, Secretary Paula Rotolo, CFO Robert Widen, Board Member Martin Stone, Board Member Samantha Lee, Board Member Ad -Hoe CommittSO Robe Widen Martin Stone 6` ,t;�� ,ao10 Environmental Impact Report SCH No. 2011071019 Project Case Nos. EA 890, DA10-02, SP10-03, SUB 10-01, ZTA 10-06, ZC 10-01, GPA 10-03 Final EIR Prepared for City of El Segundo Planning and Building and Safety Department 350 Main Street El Segundo, California 90245 Prepared by Atkins 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 February 2012 EXHIBIT 9 CITY OF EL SEGUNDO 540 EAST IMPERIAL AVENUE SPECIFIC PLAN PROJECT Environmental Impact Report SCH No. 2011071019 Project Case Nos, EA 890, DA10-02, SP10-03, SUB 10-01, ZTA 10-06, ZC 10-01, G PA 10-03 Errata Prepared for City of El Segundo Planning and Building and Safety Department 350 Main Street El Segundo, California 90245 The Draft Environmental Impact Report (DEIR) for the 540 East Imperial Avenue Specific Plan Project (Proposed Project) was circulated for public review from November 3, 2011 through December 19, 2011. During public review, the City of El Segundo received one written comment letter on the DEIR from a public agency, the State of California Native American Heritage Commission (NAHC). The agency did not challenge the environmental findings or the recommended mitigation measures of the DEIR. As required by CEQA a full response to all public comments received during the comment period was prepared as part of the Final Environmental Impact Report (FEIR). Subsequent to the preparation of the FEIR, in accordance with the Public Utilities Code (PUC) §21676, the proposed project went before the Airport Land Use Commission (ALUC) (the LA County Planning Commission) to determine compatibility with the adopted Airport Land Use Plan and on February 22, 2012, the ALUC adopted a resolution making findings of consistency with the Airport Land Use Plan. Although the findings of consistency were adopted, the ALUC expressed concerns about potential litigation relating to the adoption of the proposed resolution and potential existing and future noise impacts. The Commission asked for a waiver for the right to sue, however, the City of El Segundo cannot legally require successors in interest to waive their rights to sue. In an effort to provide greater clarification in the documents of record, the El Segundo Unified School District (ESUSD), their representatives, and City of El Segundo staff agreed to provide greater clarification within mitigation measure MM 4.3-7 regarding disclosure of noise impacts, the mitigation of interior noise levels to 45 db CNEL, and the applicability of restrictive covenants that are binding to the property and transferable to all subsequent purchasers. Based on the whole record, it is found that the comments received do not raise any new potentially significant environmental impacts. However, in response to the - comments received, the City of El Segundo, ESUSD and their representatives have decided to provide clarification to mitigation measure MM 4.3-7 as follows: MM4.3-7 In accordance with the Business and Professions Code and Civil Code each prospective purchaser of residential property within the Project and all subsequent -pu�rhaserr must be notified as follows: ■ NOTICE OF AIRPORT IN VICINITY —This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (e.g., noise, vibration, soot, or odors). Individual sensitirrities to those annoyances can vary from person to person. The p/pperty it within the 65 A CNEL noise co✓rtour. The pgpeiYy is rewired to achieve an interior noire of not nnom than 45 db CNEL You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. In addition, although not required by Civil Code Sections 1103, et seq., each prospective tenant of leased residential property within the Project must also be notified as described above. City of El Segundo 540 East Imperial Avenue Specific Plan Project Errata February 2012 Contents This Errata document has been prepared to address necessary changes to the EIR as a result of the change in mitigation measure MM4.3-7. No new significant impacts were identified as a result of the comments received or the changes to mitigation addressed during preparation of this Errata. City of El Segundo 540 East Imperial Avenue Specific Plan Project EIR MMRP February 2012 EXHIBIT 10 - PROJECT PLANS AVAILABLE IN THE CITY CLERK'S OFFICE EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to discuss and receive testimony regarding establishment of priority projects for implementation of the South Bay Bicycle Master Plan. Applicant: City Initiated (Fiscal Impact: Varies based upon direction) RECOMMENDED COUNCIL ACTION: 1. 'Discussion; 2. Provide direction to staff; and/or 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Chapter 3 of the Adopted South Bay Bicycle Master Plan; and 2. Excerpts from the General Plan Circulation Element. FISCAL IMPACT: Varies based upon direction Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A r' ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager" REVIEWED BY: Greg Carpenter, Interim City Manager Stephanie Katsouleas, Director of Publicp ,W,.orks APPROVED BY: Greg Carpenter, Interim City Manager JC BACKGROUND AND DISCUSSION: On October 4, 2011, the City Council held a public hearing on an Environmental Assessment for the South Bay Bicycle Master Plan (Master Plan). After receiving testimony and documentary evidence, the City Council adopted Resolution No. 4735, approving Environmental Assessment EA 938 and the South Bay Bicycle Master Plan. I. Introduction The Master Plan's primary goal is to regionally connect the cities of El Segundo, Gardena, Hermosa Beach, Lawndale, Manhattan Beach, Redondo Beach and Torrance via a bicycle network, which will improve the health, environment and quality of life for the region. The Master Plan incorporates guidelines for improving and prioritizing bicycling and its supporting infrastructure beyond the current conditions in the South Bay. Specifically, the Master Plan proposes an expanded bikeway network and associated policies and programs to which each participating city may refer in implementing bicycle facility improvements. The Master Plan is divided into regional policies, recommended programs that will aid in meeting those policies, and conceptual regionally -consistent signage improvements. The Master Plan also includes individual chapters devoted to existing conditions, baseline data, and proposed improvements for each participating city. Staff is currently considering ways to begin the implementation of the Master Plan's recommendations for El Segundo and is requesting the City Council's direction regarding the initial priority projects. II. Background Key Elements of the South Bay Bicycle Master Plan (Master Plan) 1. Common Goals, Objectives, and Policies. The Master Plan establishes a set of common goals, objectives, and policies for all the participating cities. For example, the Master Plan recommends that cities should include bicycle travel considerations in roadway planning, design, construction, and maintenance. Also, the Master Plan recommends that cities establish and enforce regulations regarding bicycle parking and storage facilities. 2. Proposed Bicycle Network. The Master Plan includes a proposed bicycle network for each participating city, which expands each city's existing network and connects it to the bicycle networks of adjacent jurisdictions (cities and county). The Master Plan recommends an expansion of the existing bicycle network for El Segundo from approximately 5.5 miles of bikeways to 21.3 miles. The proposed network includes 1.2 miles of Class 1 Bike Paths, 8.7 miles of Class 2 Bike Lanes, 5 miles of Class 3 Bike Routes, and 6.4 miles of Bike Friendly Streets (Bike Boulevards). The table below provides definitions for proposed bikeway types. Type of Bikeway Definition Class 1 Bike Completely separated right-of-way for exclusive use by bicycles Paths and pedestrians with cross -flow minimized Class 2 Bike Striped lane for one-way bike travel on a street or highway Lanes Class 3 Bike Shared -use with motor vehicles, typically on lower volume Routes roadways Class 3 Bike Local roads or residential streets that have been enhanced with Friendly Streets* traffic calming and other treatments to prioritize children, pedestrians, neighborhood traffic and bicycles 40 Bike Routes and Bilk Friendly Streets are both Class 3 bikeways, because they ,n-e hoth designed for bicycles to share the road with motor vehicles 3. Recommended Programs. The Master Plan includes a list of recommended programs for all the participating cities to help educate people about bicyclists' rights and responsibilities, and safe bicycle operation, as well as encourage residents to bicycle more frequently. The recommended programs include education programs, public awareness campaigns and marketing, enforcement programs, and monitoring and evaluation methods. Each city can choose any or all of these programs based on its particular needs and resources. 2 Implementation As staff indicated at the time of its adoption, not all of the adopted Master Plan provisions are consistent with the City's General Plan and current regulations in the Municipal Code. If the City decides to implement provisions of the Master Plan that conflict with the General Plan or the Municipal Code, the City will have to process Amendments to the General Plan and/or the Municipal Code to incorporate them in the City's regulations. This process would involve environmental review under the California Environmental Quality Act (CEQA). However, to the extent that the Master Plan's provisions are consistent with the City's regulations, the City can implement them without amending the General Plan or Municipal Code and without extensive environmental review. III. Anal sis Priorities Established by the South Bay Bicycle Master Plan In addition to identifying the proposed network, the Master Plan ranks all the proposed bikeways in order of priority using several factors. Those factors include: 1) Gap Closure in existing bikeways, 2) Connectivity between existing bikeways, 3) Connectivity to the regional network, 4) Connectivity to Multi -Modal transportation centers, 5) Safety, 6) Public Input, 7) Underserved Communities, 8) Project Cost, and 9) Displacement of Street parking (See Exhibit 1). Based on these factors, the Master Plan ranks the following street segments as the top five priorities: Rank Facility Name From To Facility Type 1 Douglas Street Imperial Highway Rosecrans Avenue BL 2 Aviation Boulevard Imperial Highway Rosecrans Avenue BL 3 Grand Avenue West end of Street Duley Road BR 4 El Segundo Boulevard Whiting Street East City limits BL-BR-BP- BL 5 Nash Street Imperial Highway El Segundo Boulevard BR BP=Bike Path, BL--Bike Lane, BR=Bike Route, BFS=Bike Friendly Street Implementation Priorities In establishing the City's immediate priorities for implementation, staff considered the recommended priorities in the adopted Master Plan and these additional factors: 1) consistency with the City's existing Bicycle Plan in the General Plan Circulation Element; 2) the time and cost of completing the required environmental review under CEQA; 3) the project design and construction cost and availability of funding; 4) whether land acquisition is required; 5) the project feasibility and physical constraints; 6) the length of time required for completion; and 7) the ability to coordinate and implement bikeway projects as part of planned roadwork projects. 3 Priority Categories Staff placed all the recommended bikeways in three categories to simplify the prioritization process. The first category includes recommended bikeway projects with the highest priority. These projects are consistent with the General Plan Circulation Element and can be implemented within the existing public right-of-way with limited construction time and cost. Douglas Street and Nash Street are examples of streets that fall under the first category. The second category involves projects that are consistent with the General Plan Circulation Element, but involve more extensive construction (bike paths or utility infrastructure relocation) and/or acquisition of additional right-of-way. Aviation Boulevard and Grand Avenue fall under the second category. The third category involves bikeway projects that would require amendment of the General Plan Circulation Element and may also require extensive construction and/or acquisition of additional right-of-way. Some segments of El Segundo Boulevard fall under the third category. The table that follows includes staff's recommended priorities. Depending on fund availability the City Council may wish to add any or all of the following recommended improvements to staff's priorities for implementation. Bike Friendly Streets and Bike Routes typically include striping and signage with the least expense per mile involved for implementation. Therefore, selection of the Bike Friendly Streets (BFS) and Bike Routes (BR) could be a higher priority than the Bike Paths (BP) and Bike Lanes (BL) on the major thoroughfares because they can be implemented with less expense involved and quickly if funding is available. Staff recommends that bikeway projects in the third category not be implemented at this time and that they be considered in the future as part of a comprehensive update to the General Plan. First Category — High Priorit Bikeway Projects Rank Facility Name From To Facility Estimated Type_ Cost** 1 Douglas Street Imperial Rosecrans Avenue BL $84,000 Highway 2 El Segundo Nash Street East City limits BL $28,000 Boulevard (East) 3 Nash Street Imperial El Segundo BR $25,000 Highway Boulevard 4 Mariposa Avenue Sepulveda Douglas Street BL $28,000 (East) Boulevard 5 1 Imperial Avenue Hillcrest Street East end of Street BFS $30,000 6 Mariposa Avenue West end of Sepulveda BFS $51,000 (West) Street Boulevard 7 Loma Vista Street — Grand Avenue Main Street BR $25,000 Binder Place — Whiting Street — El Segundo Boulevard rd 8 Loma Vista Street Imperial Avenue Grand Avenue BFS $27,000 9 Utah Avenue Douglas Street Aviation BR $7,500 Boulevard 10 Main Street Imperial Avenue El Segundo BR $25,000 Boulevard 11 Sheldon Street — Imperial Avenue Grand Avenue BFS $27,000 Pine Avenue — Eucalyptus Drive 12 Center Street — Imperial Avenue El Segundo BFS $30,000 Boulevard 13 Walnut Avenue Center Street Washington Street BFS $12,000 14 Rosecrans Avenue West City Limits Sepulveda BL $36,000 (West) Boulevard * BP=Bike Path, BL--Bike Lane, BR=Bike Route, BFS=Bike Friendly Street ** Estimated costs are based on LA County average costs per mile for each type of bikeway Second Category — Medium Priority Bikeway Projects Rank Facility Name From To Facility Type Estimated Cost" 1 Aviation Boulevard Imperial Highway Rosecrans Avenue BL $80,000 2 Grand Avenue West end of Street Duley Road BR $52,500 3 El Segundo Boulevard (West) Main Street Sepulveda Boulevard BL-BR $42,500 4 Washington Street Walnut Avenue Holly Avenue BP $560,000 * BP=Bike Path, BL--Bike Lane, BR=Bike Route, BFS=Bike Friendly Street ** Estimated costs are based on LA County average cosh per mile for each type of hikeway Third Category — Low Priority Bikeway Projects Rank Facility Name From To Facility Estimated Type Cost** 1 El Segundo Sepulveda Boulevard Nash Street BP $400,000 Boulevard (Middle Segment)*** 2 Rosecrans Avenue Sepulveda Boulevard East City BL $48,000 (East)*** limits * BP=Bike Path. BL=Bike Lane, BR=Bike Route, BFS=Bike Friendly Street ** Estimated costs are based on LA County average costs per mile for each type of bikeway r- - *** Segments of the bikeways proposed on these streets that are consistent with the General Plan were included under the first two categories. _ Benefits The benefit of prioritizing bicycle improvements that can be implemented in a timely fashion and at a low cost is that the City can quickly and substantially: 1) expand the existing bicycle network in the City; 2) connect El Segundo's bicycle network to the neighboring South Bay cities; 3) help increase bicycle ridership; 4) help reduce motor vehicle emissions as bicycle ridership increases; 5) benefit the City financially through an increase in sales tax revenue; and 6) provide increased opportunities for grant funding related to bicycle improvements. Costs and Funding Options The adopted South Bay Bicycle Master Plan estimates the cost of completing the entire proposed bicycle network, which includes 21.3 miles of bikeways, to be approximately $1,589,000. This estimate includes removal and installation of signs, striping and paving, contract contingency costs, preliminary engineering, and construction engineering. The estimates are based on LA County averages, and actual costs for the proposed bikeways in El Segundo may vary. More accurate costs will depend on the preliminary and construction engineering for the proposed bikeways, which would be completed by outside consultants. Staff believes that part of the cost can be reduced to approximately $4,000 per mile for bike routes and bike friendly streets, if the installation of pavement markings (striping and bicycle stencil symbols) and signage is completed by staff. The overall costs may be further reduced depending on the City's implementation priorities. The high priority bikeway projects listed above (Category 1) total approximately 13 miles of bike lanes, bike routes, and bicycle friendly streets.' The adopted budget for Fiscal Year 2011-2012 does not allocate any funds for the bikeway improvements proposed in the South Bay Bicycle Master Plan. If the City Council wishes to implement any of these bikeway improvements, the following funding options can be considered: 1) Staff can utilize savings, if available, from the current budget for Fiscal Year 2011-2012. Staff from the Planning and Building Safety Department budget for Professional Services after the third quarter of the current fiscal year; 2) Staff can pursue available grant funding opportunities as they arise; 3) The City Council can allocate funds from the City's reserve fund; and 4) The City Council can review potential funding options at the Strategic Planning meeting for the next fiscal year. IV. Environmental Review The bicycle improvements proposed in the first and second categories discussed above are exempt from the requirements of CEQA pursuant to 14 California Code of Regulations § 15304 as a categorical exemption (Minor Alterations to Land). The improvements involve re -striping ' The adopted South Bay Bicycle Master Plan recommends approximately 8.7 miles of bike lanes, 5.0 miles of bike routes, 6.4 miles of bike friendly streets, and 1.2 miles of bike paths. C streets, installing appropriate signs at regular intervals, and limited construction work at major intersections and train crossings. All the work would be completed within the existing public right-of-way. The improvements in the third category would involve further CEQA review. V. Recommendation Planning staff recommends that the City Council: 1) take public testimony; 2) discuss and adopt bikeway implementation priority categories and ranking; 3) discuss funding options; and 4) provide direction to staff regarding implementation of said priorities and funding options. PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\926-950\EA-938\City Council March 6 2012\EA-938 SBBMP CC Report 03062012.doc 7 Chapter 3 El Segundo Alta Planning + Design 139 EXHIBIT 1 Chapter Three I El Segundo 40 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft 3 El Segundo This chapter presents El Segundo's portion of the South Bay Bicycle Master Plan. It begins with a discussion of how El Segundo complies with Bicycle Transportation Account requirements. The chapter is organized into the following sections: • Existing conditions • Needs analysis • Proposed bicycle network • Project prioritization • Project costs 3.1 Bicycle Transportation Account (BTA) Compliance The Bicycle Transportation Account (BTA) is an annual statewide discretionary program that funds bicycle projects through the Caltrans Bicycle Facility Unit. Available as grants to local jurisdictions, the program emphasizes projects that benefit bicycling for commuting purposes. In order for El Segundo to qualify for BTA funds, the South Bay Bicycle Master Plan must contain specific elements. Appendix E displays the requisite BTA components and their location within this plan in tabular form. The table includes "Approved" and "Notes/Comments" columns for the convenience of the Metro official responsible for reviewing compliance. 3.2 Existing Conditions The City of El Segundo is located in the northwest portion of the South Bay region. It is bordered by the City of Los Angeles to the north, the County of Los Angeles to the east, the City of Manhattan Beach to the south, and the Pacific Ocean to the west. According to the 2000 census, El Segundo has a population of 15,970. The City was incorporated in 1917. 3.2.1 Land Use Appendix A-3 displays a map of the existing land uses in the South Bay Region. Land uses in El Segundo are shown at right. Industrial land uses comprise over half of the land area of the City, demonstrating that El Segundo is a key employment center in the region. Less than 20 percent of the City's land area consists of residential uses. Due to the disparity between acres of employment - producing land uses and acres of housing, it is likely that many Existing Land Uses in El Segundo (See Appendix A-3 for larger map) a City Boundary Single Family Residential i` Kh-Family Reydenhal Other Residential General office Commercial and services Public Facilities Education Military Installations Industnal l,L Transportation Communications and UMiies %'axed Commercial and Industrial Uxed Urban open Space and Recreation Agriculture Vacant Water Under Construction Undevetopable Unknown Alta Planning + Design 141 cn ca J _co 0- L (D V O rW VJ W 9 - -PER -- - - v? 2 z x U-1. 0 z N W U7 U CO co m r 0 co Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft persons working in El Segundo are commuting to work from outside of the City. Figure 3-1 displays proposed land uses for El Segundo. As compared to the existing uses, the City plans to increase office space north of Mariposa Avenue, industrial uses in the southeastern quadrant of the city, and mixed use developments throughout El Segundo. 3.2.2 Bicycle Trip Generators Bicycle trip generators refer to population characteristics that are correlated with higher bicycling activity levels, such as high population or employment densities or high concentrations of certain sub -populations, such as transit commuters or zero -vehicle households. Appendix A-4 shows population density in El Segundo. Of the land area that is residential, most of it is single family, low density housing, with the exception of the Main Street area in Downtown El Segundo and R-3 multi -family zoned parcels. Low density units generally produce fewer trips as there are fewer persons per acre. Population density, measured as the number of persons per acre, is a strong indicator of potential bicycle activity, because more people living in an area implies more trips to and from that area. The high population densities of urbanized environments also tend to support bicycle travel through mixed land uses, interconnected street networks, and shorter trip lengths. Low density areas present challenges to bicycling because there are not as many community services, such as restaurants or grocery stores nearby, so bicyclists must make longer trips to conduct their day-to-day activities. Appendix A-5 displays employment density in El Segundo. El Segundo has over 50 percent of its land area dedicated to industrial uses, a land use which typically employs large amounts of people, and therefore produces many commute trips. As a major employment center in the region, El Segundo generates a high number of trips, and therefore has the potential to increase bicycle activity by providing facilities that could encourage commuters to switch to bicycling. Appendix A-6, Appendix A-7, and Appendix A-8 display the percent of zero -vehicle households, median annual household income, and percent transit commuters by census tract. Overall, households in El Segundo have median annual incomes between $55,001 and $75,000 (in 1999 dollars). Those in central and western Bicycle trip generators refer to population characteristics that are correlated with higher bicycling activity levels, such as high employment densities. Alta Planning + Design 143 Chapter Three I El Segundo El Segundo have lower rates of vehicle ownership and higher rates of transit commuting. This part of the city has greater potential for increased bicycling activity because residents who do not have vehicles must use alternative modes and are likely to combine bicycle and transit trips. In addition to the reasons discussed above, El Segundo has the potential for increased bicycle activity from bicyclists passing through on their way to destinations outside of the city. A bicycle network that is connected within El Segundo, as well as linked to bicycle facilities in adjacent communities, further generates bicycle traffic as it provides a viable transportation option to driving a motorized vehicle. 3.2.3 Relevant Plans and Policies Table 3-1 outlines information regarding bicycles from the City of El Segundo's Circulation Element, Bicycle Master Plan, Open Space and Recreation Element, Local Coastal Program, and Municipal Code. Table 3-1: El Segundo Bicycle -Related Plans and Policies General Plan The Circulation Element was adopted in 1992 and most recently updated in 2004. It includes a goal to increase Circulation alternative transportation modes, with a corresponding objective to provide a city-wide bikeway system. Policies Element (2004) for implementation include: • Implement recommendations in the Bicycle Master Plan (below) • Encourage new development to provide bicycle parking, shower, and changing facilities • Develop off-street bicycle paths in appropriate corridors • Encourage bicycle trips to and from schools and public facilities • Coordinate bicycle planning/implementation with adjacent and regional agencies • Encourage design of new streets with Class I or Class II bikeways • Maintain Hillcrest Street link between Imperial Avenue and Imperial Highway • Evaluate bikeway system links with the Metro Green Line rail stations and improve access 44 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft Bicycle Master This plan was adopted in 1992 as part of the Circulation Element and left unchanged in the 2004 update. The 2004 Plan (1992) update simply consists of a map (Appendix F-1) that outlines existing and proposed routes in the City of El Segundo, the City of Manhattan Beach, and the County of Los Angeles. Proposed routes are designated by possible facility. Some proposed routes are shown to be appropriate for either Class I, II, or III facilities, while others are designated as appropriate for just one Class. General Plan The Open Space and Recreation Element discusses bikeways in the context of recreational facilities. This Open Space document identifies the County of Los Angeles -maintained beach bicycle path located west of the Chevron and Recreation Refinery as the primary recreational bikeway in El Segundo. The beach bike path runs along the narrow shoreline Element (1992) and connects with the county paths in the City of Los Angeles to the north and to the community of El Porto to the south. The element also includes an objective to develop utility transmission corridors for active or passive _ open space and recreational use. ElSegundo The El Segundo Local Coastal Program (LCP) consists of an Issue Identification and a Coastal Zone Specific Plan. Local Coastal The Issue Identification section summarizes coastal issues and the specific plan provides detailed land use Program (1978) proposals and implementing ordinances in the coastal zone. The program states that developments providing recreational opportunities are preferred in the Coastal Zone. Developments that provide recreational bikeways would satisfy this requirement. All other bikeways shall be in compliance with the policies in the LCP. Municipal Code Minimum parking requirements in El Segundo's Municipal Code are based on percent of required vehicle parking spaces. In 2010, the City of El Segundo adopted Ordinance 1444, which amended parking and loading requirements to include minimum bicycle parking space requirements for developments of varying sizes and land uses. Spaces shall be a minimum width of two feet and a minimum length of five feet. The City reviews these requirements in plan check by having the plans routed through the applicable departments. Developments of certain sizes are also required to provide information, such as bicycle maps, either on a bulletin board or in a display case or kiosk. Detailed bicycle parking information is presented in Appendix G. El Segundo's Municipal Code does not prohibit riding bicycles on the sidewalk in the city. Alta Planning + Design 145 2 Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft 3.2.4 Existing Bicycle Network Figure 3-2 shows the existing bicycle facilities in El Segundo, Appendix A-2 displays a map of the existing bicycle facilities in the South Bay Region as a whole. Bicycle facility types are discussed in Section 1.3. The City of El Segundo has approximately 6 total miles of bikeways. These include Class I, Class II, and Class III facilities, some of which continue outside the City limits. A portion of the Los Angeles County -maintained bike path that runs along the beach is part of the City's network. Table 3-2 summarizes the classification and mileage of the existing network. Table 3-2: Ell Segundo Bicycle Network FacilityType Class I (Bike Path) Mileage 1.0 Class II (Bike Lanes) 2.8 Class III (Bike Route) 2.0 Total Mileage 5.8 3.2.5 Existing End -of -Trip Parking Facilities The BTA requires that this plan inventory publicly -accessible short- and long-term end -of -trip facilities for the members of the bicycling public to park their bicycles, as well as change and store clothes and equipment. Short-term facilities consist of bicycle racks. Long-term facilities include, but are not limited to, locker, restroom, and shower facilities near bicycle parking facilities. The locations of existing bicycle parking in the South Bay are shown in Appendix A-9. Existing bicycle parking in El Segundo is shown at right. The City has existing bicycle racks located throughout the city, including at schools, civic facilities, and shopping centers. El Segundo does not provide any existing long- term, publicly -accessible end -of -trip bicycle facilities. Existing long-term bicycle storage at transit stops is discussed below. 3.2.6 Multi -Modal Connections Transit is often best for longer trips, while bicycling is better for shorter trips. Combining transit use and bicycling can offer a high level of mobility that is comparable to travel by automobile. Appendix A-10 shows the existing Los Angeles Metropolitan Transit Authority (Metro) transit routes that serve the City of El Segundo. Metro operates several bus lines with routes through the • • • • EL SEGUNDO • m Existing End -of -trip Facilities in El Segundo (See Appendix A-9 for larger map) Existing Bike Racks Existing Bike Lockers Alta Planning + Design 147 Chapter Three I El Segundo Two of the three Metro Geen Line stations in El Segundo provide both bicycle racks and lockers. City. Buses are equipped with bicycle racks, which are available on a first -come, first -served basis. Metro also operates the Green Line Light Rail, which has three stations in El Segundo. A fourth station at Aviation/LAX sits very near the eastern boundary of El Segundo. Bicycles are permitted on Metro Rail. The three stations in El Segundo are: • Mariposa Avenue • El Segundo Boulevard • Douglas Street LADOT operates the Commuter Express bus service. Line 438 connects the cities of El Segundo, Manhattan Beach, Hermosa Beach, Redondo Beach, and Torrance to Downtown Los Angeles. Line 574 connects El Segundo to the City of Encino. Most Commuter Express buses are equipped with bicycle racks, which are available on a first -come, first -served basis. Commuter Express route maps for lines 438 and 574 are shown in Appendix A-11 and Appendix A-12. Beach Cities Transit (BCT) Line 109, operated by the City of Redondo Beach, and Torrance Transit Line 8, operated by the City of Torrance, also serve the City of El Segundo. Appendix A-13 shows the BCT System Map and Appendix A-14 shows the Torrance Transit System Map. Buses are equipped with bike racks, which are available on a first -come, first -served basis. The BTA requires that this plan inventory existing bicycle transport and parking facilities for connecting to public transit services. These facilities include, but are not limited to, bicycle parking at transit stops, rail and transit terminals, and park and ride lots; and provisions for transporting bicycles on public transit vehicles. The Mariposa Avenue Metro Green Line Station provides bicycle racks and the other two stations provide both bicycle racks and lockers. Metro Green Line stations are shown in Appendix A- 10. Existing bicycle parking facilities in the South Bay are shown in Appendix A-9 and existing bicycle parking facilities in El Segundo are shown on page 29. Bicycle locker rentals are $24 for six months plus a $50 refundable security key deposit. 3.2.7 Education and Enforcement Strategies Bicycle education programs and enforcement of bicycle -related policies help to make riding safer for all bicyclists. To promote safe bicycling, the City of El Segundo has in the past held "bicycle rodeos," in which they teach bicycle lessons and awareness during 48 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft open houses at schools. Bicycle rodeos are not, however, a regular program. The El Segundo Police Department also provides pamphlets and bicycle safety information at all safety fairs, Ride Share Fairs, and booths it attends, which occur several times per year. El Segundo police officers enforce all bicycle -related rules in the California Vehicle Code and issue citations when they observe violations. 3.2.8 Past Bicycle -Related Expenditures The City of El Segundo incurred the following bicycle expenditure between 2000 and 2010: • About $5,000 for bicycle racks at City Hall and signage on North Douglas and Nash Streets 3.3 Needs Analysis This section describes the needs of bicyclists in El Segundo. First, it summarizes feedback collected from the online survey and public workshops. Second, the section provides estimates and forecasts of bicycle commuting to determine the estimated bicycling demand in the city. Finally, it analyzes bicycle collision data between 2007 and 2009 to identify areas that would benefit from bicycle facility improvements. 3.3.1 Public Outreach As mentioned in Chapter 1, the public had the opportunity to provide input in the planning process through an online survey and two rounds of public workshops. This section summarizes locations in El Segundo that the community identified as desirable for bikeways. The most frequently identified locations for bicycle facilities include El Segundo Boulevard, Rosecrans Boulevard, and Douglas Street. El Segundo Boulevard and Rosecrans Boulevard are both major arterials. Other streets mentioned by the public as in need of bicycle facilities include Main Street, Grand Avenue, and Mariposa Avenue. 3.3.2 Bicycle Commuter Estimates and Forecasts United States Census "Commuting to Work" data provides an indication of current bicycle system usage. Appendix A-15 shows the percent bicycle commuters in El Segundo by census tract. There is a higher percentage of bicycle commuters in the western portion The public in El Segundo had the opportunity to provide input in the planning process through an online survey and two rounds of public workshops. Alta Planning + Design 149 Chapter Three I El Segundo of El Segundo than in the eastern part, which corresponds with low vehicle ownership rates and a higher percentage of transit users. Table 3-3 presents commute to work data estimates reported by the 2000 US Census for El Segundo. For comparative purposes, the table includes commute to work data for the United States, California, and County of Los Angeles. According to the estimates, 0.59 percent of residents in El Segundo commute predominantly by bicycle. The percent of bicycle commuters in El Segundo is consistent with that of the County of Los Angeles. It is below that of California and above the United States as a whole. It is important to note that this figure likely underestimates the true amount of bicycling that occurs in El Segundo for several reasons. First, data reflects respondents' dominant commute mode and therefore does not capture trips to school, for errands, or other bike trips that would supplant vehicular trips. Also, US Census data collection methods only enable a respondent to select one mode of travel, thus excluding bicycle trips if they constitute part of a longer multimodal trip. The percentage of commuters in El Segundo that commute by transit is much lower than that of those that drive alone. In addition to bicycle commuters in El Segundo, bicyclists from neighboring communities use the city's bicycle network to reach their destinations and are not reflected in this data. This Plan addresses the need for regional connectivity to accommodate bicyclists passing through El Segundo's bicycle network in Section 3.4. Table 3-4 presents an estimate of current bicycling within El Segundo using US Census data along with several adjustments for likely bicycle commuter underestimations, as discussed above. Table 3-5 presents the associated air quality benefits from bicycling. Table 3-3: Means of Transportation to Work Mode Bicycle United States 0.38% California 0.83% Los Angeles County 0.62% El Segundo 0.59% Drove Alone - car, truck, or van 75.70% 71.82% 70.36% 85.37% Carpool - car, truck, or van 12.19% 14.55% 15.08% 6.27% Transit 4.73% 5.07% 6.58% 1 1.18% 50 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft Source: US Census 2000 Table 3-4: Existing Bicycling Demand Variable Figure Sour Existing study area population 15,970 2000 US Census, P1 Existing employed population 9,092 2000 US Census, P30 2000 US Census, P30 Employed persons multiplied by bike -to -work mode l Existing bike -to -work mode share 0.59% Existing number of bike -to -work 54 commuters share 3.01% Existing work -at-home mode share 2000 US Census, P30 Existing number of work -at-home bike 27 Assumes 10% of population working at home makes at commuters I least one daily bicycle trip Existing transit -to -work mode share 1.18% 2000 US Census, P30 Existing transit bicycle commuters 27 Employed persons multiplied by transit mode share. Assumes 25% of transit riders access transit by bicycle Existing school children, ages 6-14 (grades 1,899 2000 US Census, P8 K-8) Existing school children bicycling mode 2.0% National Safe Routes to School surveys, 2003. share Existing school children bike commuters 38 School children population multiplied by school children bike mode share 2000 US Census, PCT24 Existing number of college students in 1,395 study area Existing estimated college bicycling mode 5.0% Review of bicycle commute share in seven university share communities (source: National Bicycling & Walking Study, FHWA, Case Study No. 1,1995), review of bicycle commute share at the University of California, Los Angeles Existing college bike commuters 70 College student population multiplied by college student bicycling mode share Existing total number of bike commuters 216 Total bike -to -work, school, college and utilitarian bike trips. Does not include recreation. Total daily bicycling trips 431 Total bicycle commuters x 2 (for round trips) Alta Planning + Design 151 Chapter Three I El Segundo Table 3-5: Existing Bicycling Air Quality Impact Variable Figure Source Current Estimated VMT Reductions Reduced Vehicle Trips per Weekday 130 Assumes 73% of bicycle trips replace vehicle trips for adults/college students and 53% for school children Reduced Vehicle Trips per Year 33,978 Reduced number of weekday vehicle trips multiplied by 261 (weekdays / year) Reduced Vehicle Miles per Weekday 901 Assumes average round trip travel length of 8 miles for adults/college students and 1 mile for schoolchildren Reduced Vehicle Miles per Year Reduced number of weekday vehicle miles 235,048 multiplied by 261 (weekdays / year) Current Air Quality Benefits Reduced Hydrocarbons (Ibs/wkday) 3 Daily mileage reduction x 1.36 grams / mi Reduced PM10 (Ibs/wkday) 0 Daily mileage reduction x 0.0052 grams / mi Reduced PM2.5 (Ibs/wkday) 0 Daily mileage reduction x 0.0049 grams / mi Reduced NOX (Ibs/wkday) 2 Daily mileage reduction x 0.95 grams / mi Reduced CO (Ibs/wkday) 25 Daily mileage reduction x 12.4 grams / mi Reduced CO2 (Ibs/wkday) 733 Daily mileage reduction x 369 grams / mi Reduced Hydrocarbons (Ibs/yr) 705 Yearly mileage reduction x 1.36 grams / mi Reduced PM10 (Ibs/yr) 3 Yearly mileage reduction x 0.0052 grams / mi Reduced PM2.5 (Ibs/yr) 3 Yearly mileage reduction x 0.0049 grams / mi Reduced NOX (Ibs/yr) 492 Yearly mileage reduction x 0.95 grams / mi Reduced CO (Ibs/yr) 6,426 Yearly mileage reduction x 12.4 grams / mi Reduced CO2 (Ibs/yr) 191,213 Yearly mileage reduction x 369 grams / mi Source: Emissions rates from EPA report 420-F-05-022 Emission Facts: Average Annual Emissions and Fuel Consumption for Gasoline -Fueled Passenger Cars and Light Trucks. 2005. Table 3-6 presents projected year 2030 bicycling activity within El Segundo using California Department of Finance population and school enrollment projections. The projection contains the assumption that bicycle mode share will double by 2030, due in part to bicycle network implementation. Actual bicycle mode share in 2030 will depend on many factors, including the extent of network implementation. 52 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft Table 3-7 presents the associated year 2030 air quality benefit forecasts. The calculations follow in a straightforward manner from the Projected Year 2030 Bicycling Demand. Table 3-6: Projected Year 2030 Bicycling Demand Source Future study area population 19,873 Calculated based on CA Dept. of Finance, Population Projections for California and Its Counties 2000-2050. Future employed population 11,314 Calculated based on CA Dept. of Finance, Population Projections for California and Its Counties 2000-2050, 1.18% Double the rate from 2000 US Census, P30 Future bike -to -work mode share Future number of bike -to -work 134 Employed persons multiplied by bike -to -work mode commuters share Future work -at-home mode share 5.54% Calculated based on change in mode share from 1990 US Census, P49, to 2000 US Census, P30 Future number of work -at-home bike 63 Assumes 10% of population working at home makes commuters at least one daily bicycle trip Future transit -to -work mode share 2.36% Double the rate from 2000 US Census, P30 Future transit bicycle commuters 67 Employed persons multiplied by transit mode share. Assumes 25% of transit riders access transit by bicycle Future school children, ages 6-14 (grades 1,509 Calculated from CA Dept. of Finance, California K-8) Public K-12 Graded Enrollment and High School Graduate Projections by County, 2010 Series. Future school children bicycling mode 4.0% Double the rate of national school commute trends. share National Safe Routes to School surveys, 2003. Future school children bike commuters 60 School children population multiplied by school children bicycling mode share Future number of college students in 1,736 Calculated based on CA Dept. of Finance, Population study area Projections for California and Its Counties 2000- 2050, Sacramento, California, July 2007. Future estimated college bicycling mode 7.0% A slight increase over the existing college bicycle share mode share assumption, commensurate with projected increases in bicycling for other populations College student population x college student Future college bike commuters 122 bicycling mode share Total bike -to -work, school, college and utilitarian Future total number of bike commuters 445 biking trips. Does not include recreation. Total daily bicycling trips 890 Total bike commuters x 2 (for round trips) Alta Planning + Design 153 Chapter Three I El Segundo Table 3-7: Projected Year 2030 Bicycling Air Quality Impact Variable Figure Source Forecasted VMT Reductions Reduced Vehicle Trips per Weekday L _ Reduced Vehicle Trips per Year _ 264 J Assumes 73% of biking trips replace vehicle trips for adults/college students and 53% for school children 68,886 Reduced number of weekday vehicle trips x 261 (weekdays / year) Reduced Vehicle Miles per Weekday 1,888 Assumes average round trip travel length of 8 miles for adults / college students and 1 mile for schoolchildren Reduced Vehicle Miles per Year 492,644 Reduced number of weekday vehicle miles x 261 (weekdays/year) Forecasted Air Quality Benefits Reduced Hydrocarbons (Ibs/wkday) 6 Daily mileage reduction x by 1.36 grams / mi Reduced PM10 (Ibs/wkday) 0 Daily mileage reduction x by 0.0052 grams / mi Reduced PM2.5 (Ibs/wkday) 0 Daily mileage reduction x by 0.0049 grams / mi Reduced NOX (Ibs/wkday) 4 Daily mileage reduction x by 0.95 grams / mi Reduced CO (Ibs/wkday) 52 Daily mileage reduction x by 12.4 grams / mi Reduced CO2 (Ibs/wkday) 1,536 Daily mileage reduction x by 369 grams / mi Reduced Hydrocarbons (Ibs/yr) 1,477 Yearly mileage reduction x by 1.36 grams / mi Reduced PM10 (Ibs/yr) 6 Yearly mileage reduction x by 0.0052 grams / mi Reduced PM2.5 (Ibs/yr) 5 Yearly mileage reduction x by 0.0049 grams / mi Reduced NOX (Ibs/yr) 1,032 Yearly mileage reduction x by 0.95 grams / mi Reduced CO (Ibs/yr) 13,468 Yearly mileage reduction x by 12.4 grams / mi Reduced CO2 (Ibs/yr) 400,768 Yearly mileage reduction x by 369 grams / mi Source: Emissions rates from EPA report 420-F-05-022 Emission Facts: Average Annual Emissions and Fuel Consumption for Gasoline -Fueled Passenger Cars and Light Trucks. 2005. This model uses the latest state projections for population growth and reasonable assumptions about future bicycle ridership. The benefits model predicts that the total number of bicycle commute trips could increase from the current daily estimate of 430 to almost 900, resulting in a substantial reduction of both Vehicle Miles Traveled (VMT) and associated emissions. This includes a yearly emissions reduction by 2030 of approximately 1,000 pounds of 54 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft smog forming NOX and roughly 400 thousand pounds of COZ, the principal gas associated with global climate change. Providing bicycle facilities will encourage new bicyclists to begin to ride, thus positively impacting air quality by reducing harmful pollutants from driving motorized vehicles. Because this plan recommends local connections throughout and regional links between the participating cities, it has the potential to have even greater air quality benefits. Bicyclists may not need to rely as heavily on vehicles for transportation because bicycling will be a viable transportation alternative upon implementation of this Plan. 3.3.3 Bicycle Counts To assess bicycling levels at different sites throughout El Segundo, volunteers conducted bicycle counts, in which they manually recorded the number of bicyclists that rode by. 3.3.3.1 Methodology The methodology for the bicycle counts derives from the National Bicycle and Pedestrian Documentation Project (NBPD), a collaborative effort of Alta Planning + Design and the Institute of Transportation Engineers. The NBPD methodology aims to capture both utilitarian bicycling and recreational bicycling. The NBPD also provides guidance on how to select count locations. Volunteers conducted bicycle counts in each of the seven participating cities in the South Bay on Thursday, November 4, 2010 from 3:00 p.m. to 6:00 p.m. and Saturday, November 6, 2010 from 10:30 a.m. to 1:30 p.m. These dates are meant to capture volumes of bicyclists on a typical weekday and weekend day. Fall is an appropriate time to conduct bicycle counts in California because school is back in session and vacations are typically over. In El Segundo, volunteers were stationed at nine stations on Thursday and nine stations on Saturday. There were 36 total locations in the South Bay region on each day. The count locations were selected in partnership by city staff, Alta Planning + Design, Los Angeles County Bicycle Coalition staff, and South Bay Bicycle Coalition board members. This snapshot of locations is meant to capture a diverse bicycling population using the roads and streets that span the spectrum of bike -friendliness. Volunteers conducted bicycle counts in each of the seven participating cities in the South Bay. Alta Planning + Design 155 Chapter Three I El Segundo • EL SEGUNDO • Weekday Bicycle Count Results in El Segundo (See Appendix A-16 for a larger map and Appendix H for a list of count locations.) 499 100-152 • 50-86 • 30-46 13-29 EL SEGUND0 • Weekend Bicycle Count Results in El Segundo (See Appendix A-17 for larger map and Appendix H for a list of count locations.) 385 - 922 114 - 384 • 43 - 113 • 21-38 1-17 3.3.3.2 Results The count results for the South Bay are displayed in Appendix A- 16 and Appendix A-17. Count results for El Segundo are shown at left. Detailed count data, including a list of count locations, is presented in Appendix H. On Thursday, the El Segundo station that experienced the highest volume was Douglas Street and the Green Line Station with 57 bicyclists during the three hour count period. The station with the most bicyclists on Saturday was Main Street and Grand Avenue with 65 bicyclists during the three hour count period. On both days, the locations with the highest numbers of bicyclists in the South Bay region as a whole were those along the Strand on the County -maintained Marvin Braude Bikeway. Apart from the Strand stations, the inland count locations in Lawndale and Gardena experienced the most riders during the week. On the weekend, there were overall fewer riders in the inland count stations and more riders along the coast. This suggests that more bicyclists ride a bicycle for commuting during the week and for recreation on the weekend. In the region as a whole, approximately 83 percent of bicyclists were male. Approximately 70 percent of those observed did not wear helmets and 41 percent rode on the sidewalks. On Thursday, there were 18 locations at which over half of the observed bicyclists rode on the sidewalk and on Saturday there were nine. Riding on the sidewalk can be an indicator of a lack of bicycle facilities, as bicyclists that are uncomfortable riding with traffic may choose to ride on the sidewalk instead. 3.3.4 Bicycle Collision Analysis Safety is a major concern for both existing and potential bicyclists. Concern about safety is the most common reason given for not riding a bicycle (or riding more often), according to local and national surveys. Identifying bicycle collision sites can draw attention to areas that warrant improvement, particularly if multiple collisions occur at the same location. This analysis employs the most reliable data source available, the California Highway Patrols Statewide Integrated Traffic Records System. The data set only includes reported collisions, and so represents a subset of all the bicycle collisions in El Segundo. This data does not include any assessment of conditions present at the time of the collision. There are numerous factors that may contribute to a given incident including but not limited to time of day, visibility, 56 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft distractions, obstacles or traffic law obedience. This data simply reflects reported incidents, resulting injuries and the party at fault. This data does not infer faulty infrastructure, but rather provides a baseline of collisions that often decreases in correlation with bike plan implementation and the improvements to facilities and road user behavior and awareness that accompanies it. Fault as determined by law enforcement is discussed below. Table 3-8 presents the number of reported collisions involving bicyclists, number of bicyclists involved, and severity of the bicycle collisions for three consecutive years: 2007, 2008, and 2009. Appendix A-18 shows locations of bicycle collisions in the South Bay region in the same time period. Bicycle collisions in El Segundo are shown at right. There were 15 total reported collisions involving bicyclists from 2007-2009 in the City of El Segundo. Two crashes occurred at the intersection of Mariposa Avenue and Indiana Street, one block west of Sepulveda Boulevard. The remaining 13 collisions in El Segundo occurred at disparate locations, although all occurred on major boulevards: there were five crashes on Mariposa Avenue, three on El Segundo Boulevard, and two on Rosecrans Avenue. Table 3-8: Bicycle Collision Data 2007-2009 Source: California Highway Patrol, Statewide Integrated Traffic Records System (SWITRS) As reported by police officers in traffic reports, bicyclists were at fault in 40 percent of collisions involving bicycles (6 crashes) in this time period. Providing bicycle facilities encourages more people to ride. When motorists begin to look for and expect to see bicyclists, collisions between vehicles and bicyclists are reduced. The City of New York, for example, reported that as ridership increased between 1998 and 2008, the number of annual casualties from bicycle collisions decreased (see Appendix B). Appendix A-1 displays estimated weekday traffic volumes in El Segundo. El Segundo Boulevard and Rosecrans Avenue, two corridors that experienced collisions involving bicyclists, carry large volumes of vehicular traffic traveling at high speeds. Neither IE1 SEGUNIPO SEGUNDO SL% a Bicycle Collisions in El Segundo 2007-2009 (See Appendix A-18 for larger map) ® 4 ® 3 ® 2 0 1 Alta Planning + Design 157 Chapter Three I El Segundo EL SEGUND0 Opportunities and Constraints in El Segundo (See Appendix I for larger map) Opportunity Constraint street has existing bicycling facilities. Sepulveda Boulevard, Aviation Boulevard, and Imperial Highway also have high volumes of vehicles. Aviation Boulevard does not have bicycle facilities and Sepulveda Boulevard is a Class III bicycle route, requiring bicyclists to share the lanes with automobiles on these streets. 3.4 Proposed Bicycle Network This section presents the proposed bicycle network for the City of El Segundo, which includes bicycle parking facilities. Upon implementation of the proposed network, the City should coordinate and collaborate with adjacent participating South Bay cities to emphasize a regional bicycle network. Bicycle facilities discussed in this Plan are presented in Section 1.3 and are shown in Figure 1-3 and Figure 1-4. Appendix C outlines the recommended standards for each facility classification as compared to minimum standards. In addition to creating a comprehensive network of bikeways in El Segundo, the recommended system ties into the proposed bicycle facilities for the other South Bay participating cities to create a connected regional network. This will give bicyclists from adjacent communities the opportunity to pass through El Segundo to reach their destinations without losing bicycle facilities at city boundaries. Bikeway recommendations are also based on the existing City bicycle plans, public input, topography, traffic volumes, and traffic speeds. 3.4.1 Proposed Bikeway Facilities The proposed bicycle network for El Segundo consists of Class I Bike Paths, Class II Bike Lanes, Class III Bike Routes, and Bike Friendly Streets, and is presented in Figure 3-3. El Segundo's network connects with the recommended network in Manhattan Beach and the County of Los Angeles bicycle system. Four tables identify the streets on which facilities are proposed, the extents of each proposed facility, and the length in miles of each proposed facility. Table 3-9Table 3-9 lists the proposed bicycle paths, Table 3-10 lists the proposed bicycle lanes, Table 3-11 lists the proposed bicycle routes, and Table 3-12 lists the proposed bicycle friendly streets. The proposed bicycle network for the South Bay region as a whole is presented in Appendix A-19. There are several constraints to recommending new bicycle facilities in El Segundo. These are shown at left and are referenced by the numbers in Appendix I. Appendix I also presents opportunities and constraints in the South Bay region as a whole. 58 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft First, a proposed Class I bikeway east of the waste processing plant would require the City to gain approval from Los Angeles Department of Water and Power (LADWP) as this land is LADWP right-of-way. The facility would run underneath the right-of-way of high-tension power lines. An example of such a facility can be seen in Redondo Beach along the North Redondo Beach Bikeway. Also, a proposed Class I in El Segundo between Walnut and Holly would require the City to gain similar approval as this land is LADWP right-of-way. The facility would also run underneath the right of way of high-tension power lines. Table 3-9: Proposed Class I Bicycle Paths in El Segundo Table 3-10: Proposed Class II Bicycle Lanes in Ell Segundo Street Aviation Boulevard From Imperial Highway To Rosecrans Avenue Miles 2.0 Douglas Street Imperial Highway Park Place 2.1 El Segundo Main St Illinois St 1.0 El Segundo Nast St East City Limits 0.7 Mariposa Avenue I Sepulveda Boulevard Douglas Street 0.7 Rosecrans Avenue I West City Limits Aviation Boulevard 2.1 Total Bicycle Lane Mileage 8•7 Table 3-11: Proposed Class III Bicycle Routes in El Segundo Street Grand Avenue . rom West end of Street To Miles 2.1 El Segundo Illinois ulevard 7Segundo 0.1 Nash Street Imperial Highway Elulevard 1.0 Loma Vista Street - Binder Place - Whiting Street - El Segundo Boulevard Grand Avenue Main Street 0.5 Utah Avenue Douglas Street Aviation Boulevard 0.3 Main Street Imperial Avenue El Segundo Boulevard 1.0 Total Bicycle Route Mileage 5.0 Alta Planning + Design 159 Chapter Three I El Segundo Table 3-12: Proposed Bicycle -Friendly Streets in El Segundo Street Imperial Avenue From Hillcrest Street To East end of street Miles 1.6 Mariposa Avenue West end of Street Sepulveda Boulevard 1.7 Loma Vista Street Imperial Avenue Grand Avenue 0.9 Sheldon Street - Pine Avenue - -Eucalyptus Drive Imperial Avenue Grand Avenue 0.9 Center Street Imperial Avenue El Segundo Boulevard 1.0 Walnut Avenue Center Street Washington Street 0.4 Total Bicycle -Friendly Street Mileage 6.4 60 1 Alta Planning + Design t Q is 0 u V i a v V m a� '" r0 T t6 N m _ -f- V 4- �. � V 0 m 01 T p ro C m 4+ O 3 O ._+, vi O u v V T V m T C 7 O u v v rn Q 0 J AVIATION 9� 1D 9 REDONDO AVE DOUGLAS ST 1 — I I NASH ST > I 1 zl >I al a L 1 I.. 1 I g� L, ' O I' a 0 `•` r «i z rw I p �0, 1 WASHINGTON ST 1 Z 1 1 i Lu1 1 1 ■y w C7 �1 ����—�,`� 1 I C��---��--—J Lu I Z . a CENTER ST 1 I CO¢ J a W > I ~ U ¢ ¢ 12 1 Z m w z I V.I I♦ i SON ST HE7i—I I ��`��� 1 I OR I In EUCA rP I 7AIN ST 40 '4 1 LCMA VISTA ST I • 1 - .v U1 7 N « � O b N N o En Gi Y y Y -6 (p � � N •U U 7 mY lL Y Y td N N •O m m m L LL N N N N •� _ �//77 y iE -O m L (6 0 r4 Y_ LT N N U1 N d •0 N N N r6 .0 a U U U CO N l6 /6 W 6 N .0 O rn rn rn d _ = u (n v m o 0 0 0 u w w n irs m OLo O O O O a1 rq N Ul = rN6 N N Y N y 7 a Q 7 oaaaa gdSdSL� ovc)Umaaw0 0 II n C ai1�1�1�J J w Cf! d LL Q c rn .N v 0 Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft 3.4.2 Proposed End -of -Trip Bicycle Facilities Support facilities and connections to other modes of transportation are essential components of a bicycle system because they enhance safety and convenience for bicyclists at the end of every trip. With nearly all utilitarian and many recreational bike trips, bicyclists need secure and well -located bicycle parking. A comprehensive bicycle parking strategy is one of the most important things that a jurisdiction can apply to immediately enhance the bicycling environment. Moreover, a bicycle parking strategy with connections to public transit will further the geographical range of residents traveling without using an automobile. The El Segundo Municipal Code currently provides minimum bicycle parking standards. It also requires that all bicycle parking spaces be 2 feet wide by 5 feet long. The City should amend its Municipal Code to include requirements on types of short-term and long-term bicycle parking facility designs. Recommended designs are shown in Appendix J. Bicycle rack designs should include racks that provide two points of contact with the bicycle so that it can be locked from both the front wheel/frame and the rear wheel. This will provide a higher degree of security and support for the bicycle. This will more accurately address the bicycle demand at a given development. Long-term bicycle parking should be in the form of: • Covered, lockable enclosures with permanently anchored racks for bicycles • Lockable bicycle rooms with permanently anchored racks or • Lockable, permanently anchored bicycle lockers When people commute by bicycle they often sweat or become dirty from weather or road conditions. Providing changing and storing facilities encourages commuters to travel by bicycle because they have a place to clean up before work or school. El Segundo's Municipal Code should require all new mid -size and large employers, offices, and businesses to supply changing and storing facilities, such as by providing showers and clothes lockers within the buildings or arranging agreements with nearby recreation centers to allow commuters to use their facilities. Proposed end -of -trip bicycle facilities in El Segundo are shown in Figure 3-4. The City should amend its Municipal Code to include requirements on types of short-term and long-term bicycle parking facility designs. Alta Planning + Design 163 n • C cn FE W L6 Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft The City should ensure there is adequate short-term bicycle parking in the form of bicycle racks at all major trip attractors, including commercial and civic activity centers and transit hubs. The City should prioritize the installation of bicycle parking throughout the city, with particular attention directed at the following locations: • Parks • Schools • Commercial/office areas • Civic/government buildings • Public transit stations High -activity locations such as transit stations, offices, and major commercial districts should provide more secure, long-term bicycle parking options, such as bicycle lockers. Any future transit hubs and intermodal facilities should include secure bicycle parking areas as part of their design. Secure bicycle parking areas that provide services, such as bicycle rentals and repair, should be considered at major transit stations and commuter destinations. 3.5 Project Costs This section presents the cost to implement the proposed bicycle network in El Segundo. 3.5.1 Cost Estimates Table 3-13 displays the planning -level capital cost assumptions for each facility type proposed in this plan and Table 3-14 displays the cost to implement the proposed network in the City of El Segundo from the cost assumptions.14 Cost assumptions are based on LA County averages and may vary depending on environmental conditions of a given facility, unforeseen construction cost variations, and similar considerations. Cost assumptions exclude specific treatments that may vary by location and must be determined by field review, such as traffic calming measures, restriping of existing travel lanes, and sign removal. Cost assumptions do not include traffic signal improvements, such as changes to phasing, recalibration of loop detectors, or installation of push buttons. For detailed cost estimations, refer to the project sheets presented in Section 3.7. 14 Table 3-14 assumes the cost of implementing Class III Bicycle Routes with Sharrows based on the policies presented in Chapter 2 The City should prioritize the installation of bicycle parking throughout the city, with particular attention directed at locations such as parks. Alta Planning + Design 165 Chapter Three I El Segundo Table 3-13: Unit Cost Estimates for Proposed Bicycle Facility Types FacilityType Description Estimated CoSt15 Class I Bicycle Path Paving, striping and signage $800,000 / mile Class II Bicycle Lanes (two sides) Striping, signage, and travel lane $40,000 /mile restriping Class III Bicycle Routes (two sides) Signage $15,000 / mile Class III Bicycle Routes (two sides) Pavement markings and signage $25,000 /mile with sharrows Bicycle Friendly Street Pavement markings, signage, $30,000 /mile and limited traffic calming Table 3-14: Estimated Cost of Proposed Bicycle Network Bicycle Path UnitCostpermile $800,000 Length of Network 1.2 ProposedFacilityType (miles) $ 928,000 Bicycle Lane $40,000 8.5 $ 339,000 Bicycle Route with sharrows $25,000 5.2 $ 130,000 Bicycle -Friendly Street $30,000 6.4 $ 192,000 Total 21.3 $ 1,589,000 3.6 Project Prioritization A prioritized list of bicycle projects will help guide the City of El Segundo in implementing the proposed bicycle facilities presented in this Plan. Each proposed facility discussed in Section 3.4.1 is grouped into projects based on feasibility of implementation. Table 3-15 presents the prioritized projects based on the prioritization methodology displayed in Appendix K. Each criterion contains information about a facility and its ability to address an existing or future need in El Segundo. The projects ranked the highest should be implemented first. is Cost estimates include physical removals and installations (e.g. of signs and striping), contract contingency costs, preliminary engineering, and construction engineering. The source for the unit costs is the LA County Bicycle Master Plan, which are based upon a peer review of Southern California bikeway construction unit costs. 66 1 Alta Planning + Design • v in M O 00 Ln of fn O N N N •- I- � r- r- O, Cr O Cr •G • (V fV N N N N N N N N N N N N N O Co N N N N N o N o • •- -• o O O O N N fV N N O N O O o O O O O N O N N O O O N O n O O O • O O O O N O O O N O O • O N o N O Q O Q O O O O O Q O O O • • %D %0 %O Q %O M %O M %O %0 O O O O O O O m rn m Q m O m Q m rn o Q O Q O O o v -v aJ al N > v al a! R C C to 'J 7 �, v N 7 ' m 0 m +�'' N >> opo v o � c 3 of rho J -0 N o R > m -0 > "O C m c c� c 'n Q C c Q c > m e R C> +, Ln o 7 Q c o V V T V 0) p} N 0 C }' d N >` H O Ln O p m Ln O N R '> mto O R > CC m 0 W W 0 W Ln �U Q W l7 W 2 Q }, a! ++ R > T -0 fam aJ N CU aJ al al a) in L t N L V) O Ln 7 C 0 0 C a J 2 2 2 fO Ln > Q V1 Q Q Q > Q N Y R fd C ++ R a) C Q Ip R fL7 f6 aJ C N aJ to C N > 3 V aJ 41 O C C Q C Ln V IA a C2 L2 C m ?� v01 2 l7 — — — Vcu 2i — — — aJ v w v C o O C CC c a a � Y +� m y y a N R v +, j LU v c II m +, v j = 7 v cn N ` N N N aj Ln m > N R Q R v,i NC Q4, Jdi. �n Qi > to C a1 C RCV OR flR 2 a! 4C • NC0 C2 wa)p > R M 0 > Q 0 Z J CL Ln Op J C Ln Q u CC J W m L J to m dOP Y m cr II m J J CC J LL U- CC U. LC CC W LL a_ L. L J m m m m m m m m m m m m m m m m m m Q Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft 3.7 Project Sheets The City of El Segundo selected two of its top priority projects from the previous table for more detailed concept designs. Project sheets are shown on the following pages and include: • A review of the existing site conditions • Site challenges • Recommended improvements _ • Estimated cost • Photos • Aerial images • Concept graphics Alta Planning + Design 169 Chapter Three I El Segundo Project Site Douglas Street is a north -south arterial located on the eastern portion of the City of El Segundo. It connects to the Los Angeles International Airport (LAX) and bike lanes on Imperial Highway to the north and to the City of Manhattan Beach to the south. Douglas Street provides access to major employers, such as Northrop Grumman, as well as a Metro Green Line light rail station and a variety of commercial services. There is no on -street parking on Douglas Street. From Imperial Highway to just south of El Segundo Boulevard, Douglas Street has three travel lanes in both directions of travel and a center turn lane. The roadway width ranges from 85 feet to 100 feet with a posted speed limit of 40 mph. From south of El Segundo Boulevard to Transit Center, Douglas Street drops to two travel lanes in each direction and a center turn lane. This segment has a roadway width of approximately 65 feet and a railroad crossing north of Utah Avenue. South of Transit Center, Douglas Street narrows to two lanes with a center median as it travels under the Metro Green Line bridge until Park Place. The roadway width drops to approximately 23 feet on either side of the center median. Pedestrian access is located above the road, under the bridge. South of Park Place, the road widens to 65 feet with two travel lanes in each direction and a center turn lane until the intersection with Rosecrans Avenue where it widens again to accommodate left and right turn pockets. Project Challenges Douglas Street has no existing bicycle facilities, thus bicyclists must share the road with relatively high volumes of vehicles traveling at high speeds. Bicyclists must cross at -grade, angled railroad tracks, which creates the potential for collisions as bicycle tires often get trapped in railroad tracks. When Douglas Street narrows as it travels beneath the Metro Green Line bridge, the road has a significant incline and the lanes become narrow, which can create conflicts due to the speed differential between bicyclists and vehicles. If bicyclists choose to ride on the above grade pedestrian path, they create potential conflicts with pedestrians as the path is not wide enough to accommodate both modes. Proposed Improvements • Stripe 1 mile of Class II Bike Lanes • Add bicycle detectors and pavement markings at all signalized intersections • Widen the pedestrian path under the Metro Green Line bridge to accommodate both bicyclists and pedestrians • Realign the bicycle lanes to allow bicyclists to cross perpendicular to the at -grade train tracks Estimated Cost $350,000 Photos Looking south on Douglas Street. The northern portion of Douglas Street has wide lanes that could be narrowed to accommodate bicycle lanes. Travel lanes narrow beneath the Metro Green Line bridge. The angle of the existing at -grade railroad tracks is challenging for bicyclists to cross. 70 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft Douglas Street (imperial Highway to Rosecrans Ave) 4110" top 76 CL a M E Install Bicycle Detection F (U Install Stripe Bike Lane, Bicycle Detection / Bike Lane Si ns A,/-,--.1ion Blvd '4 '*" I FvVr-p Install Bicycle Detection Example Bicycle Lane Crossing Railroad Tracks Design F I —ns t a I Fh: IL 42. Bicycle ro' �2 C ssin( 'i.. - Widen Ped. Path ,1�i'�rc Warning 4% Sign 6- While Stripe R=1 0' Warning Rubberized sign Crossing Alta Planning + Design 171 Chapter Three I El Segundo Project Site El Segundo Boulevard is an east -west road located in the center of the City of El Segundo. It connects to the County of Los Angeles to the east and provides secondary connectivity to the Marvin Braude Bikeway to the west. East of Aviation Boulevard, El Segundo Boulevard shares jurisdiction with the County of Los Angeles. El Segundo Boulevard provides access to major employers, such as the Chevron Refinery, as well as a variety of commercial services, residential uses, and Downtown El Segundo. There is no on -street parking on El Segundo Boulevard. From Main Street to Illinois Street, El Segundo Boulevard has two travel lanes in each direction. The roadway width ranges from approximately 50 to 54 feet and has striped edgelines on the north side of the street. The posted speed limit is 35 mph. This segment of El Segundo Boulevard has rolling hills with fairly steep inclines. From Illinois Street to Sepulveda Boulevard the roadway widens to approximately 86 feet to accommodate turn pockets. Between Sepulveda Boulevard and Douglas Street, El Segundo Boulevard has center medians with three travel lanes and turn pockets in each direction. The roadway width (not including turn pockets) is approximately 35 feet on each side of the center median. Project Challenges El Segundo Boulevard has no existing bicycle facilities, thus bicyclists must share the road with vehicles traveling at high speeds on the eastern portion, as well as trucks accessing the Chevron Refinery on the western segment. Steep inclines and declines create potential conflicts between bicyclists and motorists due to the speed differential between the two modes. Between Illinois Street and Sepulveda Boulevard, the roadway width is constrained due to turn pockets. East of Nash Street, the roadway width is also constrained and the City has no current potential for a property easement. Proposed Improvements • Stripe 1.2 miles of Class II Bike Lanes • Add bicycle loop detectors and pavement markings at all signalized intersections • Install 0.2 miles Class III Bike Route • Remove 1.2 miles of eastbound curb and landscaping to accommodate bike lanes in City right-of-way (no existing sidewalk) • Widen westbound sidewalk to comply, with ADA standards • Install 0.5 miles of bi-directional cycle track • Add bicycle signal phases at entrances/exits to cycle track to be actuated by the presence of bicyclists • Stripe intersection crossing markings to guide bicyclists through the intersections and increase their visibility • Install wayfinding signage to direct bicyclists onto proposed bike lanes on Douglas Street Estimated Cost $175,000 Photos Looking east on El Segundo Boulevard. The curb and landscaping on the eastbound side could be removed to accommodate bicycle lanes. East of Sepulveda Boulevard, El Segundo Boulevard has six travel lanes and high volumes of vehicular traffic. A cycle track will provide protection for bicyclists. Steep inclines on El Segundo Boulevard can create potential conflicts between bicyclists and motorists due to the speed differential between the two modes. 72 1 Alta Planning + Design Los Angeles County Bicycle Coalition and South Bay Bicycle Coalition South Bay Bicycle Master Plan - Draft Ell Segundo Boulevard (Main Street to Sepulveda Boulevard) �. Widen WB Sidewalk Grand Ave / -. _ 1 to ADA Standards -Y ;EI'Segundo BI_vd� _ I- TV & Remove EB Curb, Stripe Bike Lane, I . Bike Lane Signs y Ell Segundo Boulevard (Sepulveda Boulevard to Douglas Street) Install Bicycle Signal/Phase ro Y � Ln 0 j o ti L i_�L Z Install Sharrows i and Signage ' 2 Grand Ave _ Install Bicycle .� . N Install Bicycle y� Si nal/Phase _ N Signal/Phase g Install Intersection o , n ..:J 114i� � ` Crossing Treatment m„ El Segundo Bled o Install Bi-directional In Stripe Bike Lane, Cycle Track on EB sidf .• Bike Lane Signs Wayfinding v Signage I Alta Planning + Design 173 Chapter Three I El Segundo Bi-directional Cycle Track and Cycle Track Intersection Crossing Markings -__ IAA■ ■__.. Bicycle -Only Signals Y 74 1 Alta Planning + Design 4. Circulation Element Metro Green Line Within the City, a park -and -ride facility is provided at the El Segundo/Nash Metro Green Line station in addition to the Aviation/I- 105 Metro Green Line station just east of the city limits. Additionally a multi -modal transit center with a park -and -ride facility is planned to be constructed on City property adjacent to the Douglas Street Metro Green Line Station as part of the Douglas Street extension project. Bicycle Facilities The bicycle is increasing in popularity as a mode of transportation for commuter travel as well as for recreation. This is due to the growing cost of motor vehicle operation, the significantly shorter portal-to- portal time when bikes are used on short trips, the increasing awareness and desire of travelers to utilize clean -air travel methods, and the acceptance of the bicycle for personal health, exercise, and increased mobility. There is a need to meet the growing demand for safe places to ride bicycles, both for recreation and commuter activities. For many years, roadway facilities have been built exclusively to meet the needs of the motorized vehicle, resulting in street geometrics, lane widths, and intersections that have not been designed for bicyclist concerns. Bicycle safety is jeopardized due to bike/auto and bike/pedestrian confrontation on the street, and the lack of space given to bicycle movement. Conflicts between bicycles and pedestrians at intersections and on sidewalks results in the need to separate these three modes, wherever possible, to provide a safer and more efficient operational environment for each. Definitions To clarify any discussion on bicycles, a distinction must be made between the type of bicycle facilities in use. The following definitions (recognized Statewide) are identified below, and used throughout the Circulation Element: Bicycle Path - Class I This facility is a special path for exclusive use of bicycles which is separated from the motor vehicle traffic by space or a physical barrier. Bicycle Lane - Class II A bicycle facility where a portion of the paved area is marked especially as a lane for use of bicycles. It is identified by BIKELANE signing, pavement marking and lane line markings. Usually, special ordinances are necessary to legally define the area's exclusive use of bicycle traffic and to exclude mopeds and infringement by motor vehicles. EXHIBIT 2 T H E C I T Y O F E L S E G U N D O • G E N E R A L P L A N 4 -34 4. Circulation Element Bicycle Route - Class III A bicycle way designated within a public right-of-way. The purpose of the bike route is primarily that of transportation, allowing the bicyclist to travel from one point in the City to another. A "shared bicycle route" is a street identified as a bicycle facility by BIKE ROUTE signing only. No special markings on the pavement are provided. Existing Bicycle Route System The existing system of bicycle facilities in the vicinity of El Segundo currently is limited to bicycle paths (Class 1) along Imperial Highway, along the beach (Los Angeles County implementation), and portions of Grand Avenue approaching the beach. Exhibit C-15 illustrates existing and planned bicycle routes in the City. All routes shown on the exhibit are future planned routes unless specifically indicated as existing on the map. Bicycle Route Guidelines and Standards Implementation of any bicycle route facility, as designated on the Bicycle Master Plan, would be subject to applicable design standards and guidelines. The State of California has prepared and approved "Standards and Guidelines for the Implementation and Design of Bicycle Facilities." The evolution of design concepts for this mode of transportation continues today, but the basic conclusions and basis for design remain with the State Guidelines. The principle bicycle design areas that should be adhered to include: • Minimum widths (8-foot minimum for two-way path; 5-foot minimum for one-way) • Signing and striping of routes, lanes, and paths • Design speed • Horizontal alignment; i.e., curvature and super -elevation of paths • Stopping sight distance • Grades, length of crest vertical curves • Adequate structural section • Treatment of bicyclist at intersections • Treatment when passing over at -grade railroad crossings, drainage grates, manhole covers, and driveway access points Master Plan of Bicycle Routes The need to link the City with a system of bicycle facilities led to the development of a Master Plan of Bicycle Routes, adopted in 1992. It includes existing routes, and routes that are, or could be, developed into major bicycle -carrying corridors. The Master Plan of Bicycle Routes, shown on Exhibit C-15, is an integral part of the city's Circulation Element. No changes are proposed to the adopted Master Plan of Bicycle Routes. T H E C I T Y O F E L S E G U N D O • G E N E R A L P L A N 4 -35 �j CITY OF EL SEGUNDO • GENERAL PLAN Bicycle Master Plan r// LEGEND EL SEGUNDO BIKE ROUTE W11111 LOS ANGELES COUNTY BIKE ROUTE MANHATTAN BEACH BIKE ROUTE j CIRCULATION IN THIS AREA TO BE DEVELOPED J IN CONJUNCTION WITH LAND DEVELOPMENT ® = OUT OF CITY LIMITS CLASS I - BIKE PATH II - BIKE LANE III - SHARED exhibit C-15 EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENTAGENDA HEADING: Reports of Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to receive and file a status report from the Disaster Council. RECOMMENDED COUNCIL ACTION: Receive an oral presentation regarding the status of Disaster Council items. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Amount Budgeted: None Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Brian Evanski, Captai;4L (� REVIEWED BY: Mitch Tavera, Police Chief, Kevin Smith, Fire Chief44 APPROVED BY: Greg Carpenter, Interim City Manager Ja- BACKGROUND AND DISCUSSION: The Disaster Council meets monthly to discuss and analyze the City's preparedness during emergency situations and disasters. The following are current topics, as well as ongoing projects that have been discussed by the Disaster Council: Continuity of Operations Plan (COOP) - The City Manager has recommended Willdan Homeland Solutions to work with City Staff to develop a Continuity of Operations Plan for a cost not to exceed $20,000. This document will outline and thus ensure the continuation of government and the performance of essential functions during and after an emergency, disaster, or other disruption to normal City operations. The COOP will also create awareness and familiarity to City members through exercises and training. • Emergency Operations Plan (EOP) - After completion of the COOP, Staff recommends utilizing Willdan Homeland Solutions to update our EOP which was last updated in 2003. • El Segundo Community Emergency Response Team (CERT) - The Police and Fire Departments will share management responsibilities for the CERT program. Fire personnel will continue to perform the CERT instruction as the next class is intended for October 2012. Police and Fire personnel will be detailed to attend the El Segundo CERT Association's monthly meetings with the intent of supporting ESCERTA and familiarizing Staff with CERT and their capabilities. Staff will also seek opportunities to include ESCERTA in emergency and non -emergency operations. • Communications with the El Segundo Unified School District was enhanced by the purchase of 3 portable VHS radios capable of communicating with high school personnel. D m Z S II m T D z z W m n m C. 'a 'D. obi o m E m m c m C O w n " m . c m m S N m 3 3 o m w N w � o n o• m w J � N 5 y � � c m c ^D n2 ow 3 n c m s 3� j_ O N N N C T fo R 23 3 _ovy n m D N m nw m N t0 N w a d $ p d N o'w, m � `� o01mom m c m a O g m m Q d m O N o Cf a < m w m D � - z \ A x x O II 0O ocn O D z m z 10 OT TO rD c)ET Or `G O N Q Z o x m �. G)Z cmn r c0 m J o c m m n c m N w. a 5' m O 0 0 D 3 w w o 2, N m m NN 1.822. N 28221.22Q N .... O mmxm� rmG)���IZODrOT3�xx a_vvODa W -I G) 3x OO�vmi fm DDZ cnmm-cnmmy-mlI����C7mT 1 mDDOm<m o iCm'�r�TTDaA W i m 3 m c c mr mr 0p0(7>pOODC�D m z c w> I m 3 z c x m m v o m D m m E D O m,Z0 0 C 9< T m T rma C z z z m y 1Dy T Z Z. a 9 Z$ xy�r T T Z C 0 0 m mcc W �ZDzzCmmm-4 Z< m W m "' C W -i- m000x"c A"Mmm a O 0 m? 1 N z r D D 0 0 z Co C C C z m z zOx m OS m o o m< m O c W C mT Z1_ixzp z O --I z z a O z m z o rt�j o z x z 2< I z < C o o m i m 0 z x m o m m T y 0 T c o e3 O N 0 m m 1 W (NJ N m W f0 A C. O N m�?N A O m y m W A J O t0 m4 m A � f.NO N A � O � A .UOi � tm0 •4i � N A � N � � • f0 m tD O IV m f J O O �l O t W A A N m w A • N m o N LL O m J D Z D Cn O T 0 r Dm r m O G) I c j O c z 0 n-A CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/03/12 THROUGH 2/16/12 Date Payee Amount Description 2/3/2012 State of CA EFT 2,809.11 EFT Child support payment 2/3/2012 UB 7,797.43 PARS payment 2/3/2012 Manufacturers & Traders 192.31 IRA payment Vantagepoint 2/3/2012 Manufacturers & Traders 19,213.72 457 payment Vantagepoint 2/6/2012 Nationwide EFT 39,359.64 EFT 457 payment 2/8/2012 Cal Pers 455,991.14 Health Payment 2/8/2012 Lane Donovan Golf Ptr 19,506.39 Payroll Transfer 2/9/2012 Cal Pers 47,640.50 EFT Retirement Safety 2/9/2012 Cal Pers 35,065.87 EFT Retirement Misc 2/10/2012 West Basin 1,385,191.39 H2O payment 2/13/2012 Health Comp 2,019.76 Weekly claims 2/14/2012 Health Comp 6,061.00 Weekly claims 2/16/2012 IRS 215,834.68 Federal Taxes 2/16/2012 Employment Development 46,481.44 State Taxes 2/16/2012 Employment Development 3,753.34 State Taxes 2/03-2/16/12 Workers Comp Activity 26,938.71 SCRMA checks issued 2,313,856.43 DATE OF RATIFICATION: 03/06/12 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: z/z, //-z Depu Date DG 217-1112- Director of Fin ce Date .� 1,2/2 City Manage Date 2,313,856.43 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P:\City Treasurer\Wire Transfers\2012\Wire 2012 1 st quarter\Wire Transfers 2-16.xls REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 21, 2012 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 5:00 p.m. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Fuentes - Present Council Member Jacobson - Present Council Member Brann - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -1- matters City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- matter. Claim 10-35 - Wyle Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 1 APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter Position: City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matters Sale or Lease of City Owned Property (Price and Terms): Real Property: City owned parking lot at Corner of Main Street and Grand Avenue (Assessor Parcel Number: 4135-003-901 lots 20 through 23 and lot 43) City's Negotiators: Greg Carpenter, Interim City Manager Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 21, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Cindy Mortesen, City Clerk PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes PRESENTATIONS ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Fuentes - Present Council Member Jacobson - Present Council Member Brann - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Carrie Garlett, Leukemia & Lymphoma Society, spoke regarding Item 13 and requested that Council waive the $417 Special Event Permit fee. Randall McCaba, resident, spoke on the Community Emergency Response Team (CERT) Program. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Approved Warrant Numbers 2586108 to 2586320 on Register No. 9 in the total amount of $635,424.20 and Wire Transfers from 01/20/12 through 02/02/12 in the total amount of $ 544,555.07. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 2. Approved Regular City Council Meeting Minutes of February 7, 2012 and Special City Council Meeting Minutes of February 9, 2012. 3. Adopted Resolution No. 4771 authorizing the exchange with the City of San Fernando the City of El Segundo's Fiscal Year 2012-2013 Community Development Block Grant (CDBG) funds totaling $61,725.00 at an exchange rate of $0.71 per CDBG dollar, for a total of $43,824.75 in General Revenue Funds and to allocate the funds to the City's Home Delivered Meals, Juvenile Diversion, Administration and Senior In -Home Care programs for Fiscal Year 2012-2013. Authorized the Interim City Manager to execute any and all contracts and documents necessary to complete the exchange of CDBG funds on behalf of the City in a form approved by the City Attorney. Approved allocation of the funds for Home Delivered Meals, Juvenile Diversion, Administration and Senior In -Home Care projects for Fiscal Year 2012-2013. 4. Accepted the work as complete on the Lairport Street Rehabilitation Project from Mariposa Avenue to Maple Avenue. Project No. PW 10-04. Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. (Fiscal Impact: $278,139.82) 5. Approved Change Order No. 1 for $16,817.44 and accepted the work as complete; on the Miscellaneous Roof Repairs at George E. Gordon Club House, the City Library and the Urho Saari Swim Stadium Project No. PW 11-04. (Fiscal Impact: $207,317.44) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 6. Approved continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 4 7. Awarded Contract No. 4220 to Big West Construction Corporation for construction related to Group 41 (40 homes) of the City's Residential Sound Insulation Program (Project No. RSI 11-06). (Estimated construction costs and retention: $1,609,553) Authorized the Interim City Manager to execute a contract in a form approved by the City Attorney. 8. Authorized the Interim City Manager to execute a three year Agreement No. 4221 in a form approved by the City Attorney with Nexus I.S. in the amount of $64,698.35 to provide Cisco SmartNet hardware and software support and upgrades. (3 Years of $21,566.12 per year) (Fiscal Impact: $64,698.35) 9. Authorized purchase of additional storage trays and disks from PCMall Gov for the existing Storage Area Network (SAN) in the amount of $38,495.33 using equipment replacement funds. (Fiscal Impact: $38,495.33) 10. Approved the purchase of new night vision hardware for each El Segundo Police Department SWAT team member using funds from the Buffer Zone Protection Program Grant (BZPP). (Fiscal Impact: $37,623.15) 11. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES 12. Authorized the Interim City Manager to execute an amendment to existing maintenance Contract No. 3981 with Johnson Controls, Inc. to repair the rooftop air conditioning unit drain pan at the Gordon Clubhouse in a form approved by the City Attorney. (Fiscal Impact: $516.00) 13. Approved a request from Carrie Garlett on behalf of the Leukemia & Lymphoma Society to waive City fees and costs in the amount of $417.00 in accordance with ESMC Section § 8-8-7(D)(1) for a "Garage Sale" Special Event fundraiser for the Leukemia & Lymphoma Society. (Fiscal Impact: $417.00) 14. Authorized the Interim City Manager to execute an amendment in a form approved by the City Attorney to Agreement No. 3898 with Bell Building Maintenance Company to extend the terms of the agreement for up to one year to continue providing janitorial services for various City buildings . (Fiscal Impact: $124,000.00) MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to approve Consent Agenda Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 5 11. Consideration and possible action to authorize the Interim City Manager to execute a Mutual Assistance Agreement with the County of Los Angeles Department of Animal Care and Control in a form approved by the City Attorney. (Fiscal Impact: None) MOTION by Council Member Fuentes, SECONDED by Council Member Jacobson to authorize the Interim City Manager to execute a Mutual Assistance Agreement No. 4222 with the County of Los Angeles Department of Animal Care and Control in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER —Announced the upcoming hearing on the Imperial Avenue School site. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — NONE Council Member Brann — NONE Council Member Jacobson — Spoke on the upcoming Main Street Downtown Cruise event. Mayor Pro Tern Fisher — Spoke on the upcoming Main Street Downtown Cruise event and the Tree Musketeer tree planting on Arbor Day, March 10, 2012, from 9 a.m. to Noon. Mayor Busch —Announced the El Segundo Chamber Installation Dinner and the Mayor's Good Friday Breakfast. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 6 Mike Robbins, resident, spoke regarding the dismissal of the former City Manager and the sale of City owned property. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:23 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2012 PAGE NO. 7 EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding awarding a contract to Big West Construction Corporation for construction related to Group 42 (34 homes) of the City's Residential Sound Insulation Program (Project No. RSI 12-01). (Estimated construction costs and retention: $1,449,785.70) RECOMMENDED COUNCIL ACTION: Award a contract to Big West Construction Corporation; 2. Authorize the Interim City Manager to execute a contract in a form approved by the City Attorney; and/or 3. Alternatively discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: 1. Bidder's Proposal and Statement submitted by Big West Construction Corporation 2. Letter from Big West with bid reduction and new price. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $12,000,000 Additional Appropriation: N/A Account Number: 116-400-0000-8960 (Account Name- Construction Contract) ORIGINATED BY: James S. O'Neill, Program ManageAl REVIEWED BY: Sam Lee, Interim Director of Planning and Building Safetl APPROVED BY: Greg Carpenter, Interim City Manager. BACKGROUND AND DISCUSSION: On February 21, 2012 the City Clerk's office opened sealed bids for Group 42 (RSI 12-01) of the City's Residential Sound Insulation (RSI) Program. Results were as follows: 1. Big West Construction Corporation...........................$1,332,875.00 The Bid submitted appears responsive. Despite multiple potential bidders at the pre -bid meeting, and at least two contractors indicating that they intended to bid the project, again only one bid was submitted for the project. FAA encouraged staff to negotiate with the sole -bidder to obtain a lower price. On February 23, 2012, staff met with Big West Construction Corp. to discuss FAA's request. On February 27, 2012, Big West submitted a letter reducing the bid amount by $14,888.00 for a new total of $1,317,987.00. The amount requested for the contract is $1,449,785.70 which represents the Total Bid amount less the reduction from the negotiation and an additional 10% for potential change orders related to unforeseen conditions. Ina Staff is making the recommendation contingent upon receiving concurrence from the FAA prior to the City Council meeting on March 6, and if concurrence is not received, will recommend postponing City Council action until a formal response is received from FAA. Construction for Group 42 is scheduled to start in the summer of 2012. City Council is reminded that eighty percent (80%) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the Federal Aviation Administration (FAA). This remains a funding source until those fiends identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for elective "Owner Upgrades" selected by property owners, are paid for by funding received as part of the settlement agreement with LAWA. CITY OF EL SEGUNDO BID LOG BID NO. #RSI 12-01 City of El Segundo Residential Sound Insulation Program Group 42 Date of BID Opening: Tuesday February 21, 2012 Time of BID Opening: 11:00 A.M. City of El Segundo Residential Sound insulation Program RS1 12-01 (Group 42) To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 I declare, under penalty of perjury, that I have carefully examined, become familiar with, and understand all of the requirements of the Contract Documents and conditions under which the Work must be performed, including the City of El Segundo's current Municipal Code, and am fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agree to the following: To perform all Work in strict conformity with the requirements of the Contract Documents for Project Number RSI 12-01 "Residential Sound Insulation Program —Group 42" at the followinit lump sum price Total Bid (Contract Sum) ONE M ILl1oN �nree �iV N�121=0 i s�ry �'�u�o =pih E1� U 4N V uaRT--D (words) S�V�N :ve DouitRs $ L332; g� oo , (figures) In case of discrepancy between the words and figures, the words must prevail. Contractor Representative: Signature TO M CA Rg, Name (printed or typed) Title: V i LI? Pt2ESIDEMT NameofFirm: 0!4 Weir Cows—mycr o J IZOM—( 1 C/J Address: 15 331 M o R NAtN0I E AVE Z-RVt►J- CA. 92.609_ Telephone Number: gt49— 111 S - 2219_ Z- 21--2012 Date Contractor's State License Number: License Expiration Date: Type of Entity: ❑ Sole Proprietorship ❑ Partnership %Corporation* ❑ Other * If Corporation, evidence of authority to sign must be attached Bidding Form Appendix B-01 Last Modified: January 19, 2012 Bidder's Proposal and Statement Z�21'ZO t 2— WEST February 27, 2012 Tom Gray City of El Segundo Residential Sound Insulation program 350 Main Street El Segundo, Ca 90245 Subject; RSI Project Group 42- Price Adjustment Pursuant to the request of FAA and the City of El Segundo, Big West Construction Corporation can make the following adjustment to our bid. Original Bid $1,332,875.00 Price Reduction $14,988.00 Total Revised Price $1,317,987.00 Upon your approval of this revised proposal, I will make a change to the Schedule of Values. If you have any questions about this reduction, please contact me. S�cerel�� Tom Carr Vice President Big West Construction Corporation CC: John Risti IS331 Nomsandi o Iry M CA 92604 - 949 795-2219 - fax %9 451-1506 - Ca. Lii == #912095 bigwtstrn¢st@w1.o= EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the execution of an agreement with the State of California Franchise Tax Board for the sharing of business tax information. (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Authorize the Interim City Manager to execute and approve the State of California agreement C 1100164; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: State of California agreement number C 1100164 FISCAL IMPACT: N/A Amount Budgeted: $0.00 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Steve Jones, B��e�ss Services Manager > REVIEWED BY: Deborah Cullen, Director of Finance APPROVED BY: Greg Carpenter, Interim City Manager BACKGROUND AND DISCUSSION: For seven years the City of El Segundo has participated in the SB 1146 (formerly AB63) Revenue Sharing Program by entering into an agreement with the Franchise Tax Board (FTB). The term of the agreement (C1100164) is from June 1, 2012 through December 31, 2014 at a cost of $0.00. The agreement will provide the City with records from the FTB obtained from business income tax filings listing El Segundo as its business address for the tax years 2011 thru 2013. These records have enabled the City to recover over $225,000 in new revenues by discovering unlicensed businesses. This agreement will also provide the FTB with records listing businesses doing business in El Segundo obtained from the business license database. These records enable the FTB to discover businesses which are not filing state income tax returns and assist the FTB with revenue recovery. Staff is requesting approval of the agreement to enable the City to meet the requirements established by the State of California Franchise Tax Board. 7 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER C1100164 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Franchise Tax Board CONTRACTOR'S NAME City of El Segundo 2. The term of this Agreement is: June 1, 2012 through December 31, 2014 3. The maximum amount $ 0.00 of this Agreement is: NON -FINANCIAL AGREEMENT 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibit A — Scope of Work 3 pages Exhibit C* — General Terms and Conditions GTC610 Exhibit D - Special Terms and Conditions 3 pages Exhibit E - City Record Layout Specifications 2 pages Exhibit F - FTB Record Layout Specifications 1 page Exhibit G — Confidentiality Statement 1 page Items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.das.ca.uov/Stanclarcl+Lariauaae/default.htin IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether corporation, partnership, etc.) City of El Segundo BY (Authorized Signature) DATE SIGNED(Do not type) A!� PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 350 Main Street, El Segundo, CA 90245 STATE OF CALIFORNIA AGENCY NAME Franchise Tax Board BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ® Exempt per: SCM 4.04.5.b Lisa Garrison, Chief Financial Officer ADDRESS P.O. Box 2086, Rancho Cordova, CA 95741-2086 City of El Segundo EXHIBIT A SCOPE OF WORK Agreement # C1100164 This Agreement is entered into by and between the Franchise Tax Board, herein referred to as (FTB) and the City of El Segundo, herein after referred to as the City. Purpose: This Agreement allows FTB and the City to enter into a reciprocal agreement to exchange tax data specific to city business license information for tax administration and non -tax program purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data and the City is precluded from obtaining reimbursement. Both parties will abide by the legal and confidentiality provisions of this Agreement. Exhibits A, C, D, E, F, and G attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound. This Agreement does not include Federal Tax Information (FTI). Legal Authority: California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of city business tax and income tax information between a city and FTB. RUC Section 19551.5 mandates cities to provide city business tax data to FTB upon request. City Responsibilities: 1. The City agrees that the information provided by FTB will be used exclusively to administer the City's business tax program. 2. The City agrees to provide FTB with tax information pursuant to City Record Layout Specifications, Exhibit E. 3. The City agrees to extract and provide City data to FTB annually in June for each tax year that the Agreement is in place; June 2012, 2013, and 2014. If the Agreement is executed after June 30, 2012, the City has 30 days after execution to provide FTB with the first year's data. 4. The City agrees to submit the records to FTB using FTB's Secure Web Internet File Transfer (SWIFT). 5. The City agrees to submit the records to FTB in ASCII fixed length format, .txt, per the City Record Layout Specifications, Exhibit E. City of El Segundo 1WA:11:31iff_1 SCOPE OF WORK (continued) Agreement # C1100164 6. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City forfeits its rights to FTB data for that year. 7. The City agrees that each City employee having access to FTB data shall sign a Confidentiality Statement, Exhibit G. The signed statement is to be retained by the City and produced to FTB upon request. 8. The City agrees to submit to FTB a completed Safeguard Review Questionnaire prior to receiving FTB data. The Safeguard Review Questionnaire is valid for the duration of the Agreement. 9. The City agrees to provide a copy of the resolution, order, motion, or ordinance of the local governing body, authorizing the execution of the Agreement. FTB Responsibilities: 1. FTB agrees that information provided by the City will be used for tax administration and non - tax programs that FTB administers and may be shared with other state/federal agencies as authorized by law. 2. FTB agrees to provide the City data extracted from the Taxpayer Information (TI) and Business Entities Tax System (BETS). FTB will provide the City records for taxpayers within the city's jurisdiction who indicate business income or deductions on their personal or corporation income tax return pursuant to FTB Record Layout Specifications, Exhibit F. 3. FTB agrees to match the data provided by the City using the social security number or federal employer identification number against FTB's data with a yes or no indicator on the FTB Record Layout Specifications, Exhibit F. The first year's data match is at the discretion of FTB and will be based on when the data is received and processed. 4. FTB agrees to provide the City an annual extract file in December 2012 for tax year 2011, December 2013 for tax year 2012, and December 2014 for tax year 2013 via SWIFT. 5. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic transmission of data. 6. FTB agrees to provide the City a unique City Business Tax Number to be used for reporting purposes only. 7. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors. City of El Segundo EXHIBIT A SCOPE OF WORK (continued) Project Coordinators: The project coordinators during the term of this Agreement will be: Franchise Tax Board Cathy McCollum Data Resources and Services Unit P.O. Box 1468, Mailstop A181 Sacramento, CA 95812-1468 Phone: (916) 845-4431 Fax: (916) 843-5899 Return executed Agreement to: Franchise Tax Board Procurement & Asset Management Bureau Attention: Susann Field P.O. Box 2086, Mailstop A-374 Rancho Cordova, CA 95741-2086 Phone: (916) 845-3897 Fax: (916) 845-3599 Agreement # C1100164 City of El Segundo Steve Jones Business Service Manager 350 Main Street El Segundo, CA 90245 Phone: (310) 524-2332 City of El Segundo EXHIBIT D SPECIAL TERMS AND CONDITIONS Agreement # C1100164 1. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax return information and other confidential data in its custody. Unauthorized inspection or disclosure of state return information or other confidential data is a misdemeanor (Sections 19542 and 19542.1 Revenue and Taxation Code). The City and each of the City's employees who may have access to the confidential data of FTB will be required to sign a Confidentiality Statement, Exhibit G, attesting to the fact that he/she is aware of the confidential data and the penalties for unauthorized disclosure thereof. The signed statement shall be retained by the City and furnished to FTB upon request. 2. USE OF INFORMATION: The City and FTB agree that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work, Exhibit A. The information obtained by FTB shall be used for tax administration and nontax programs that FTB administers and may be shared with other state/federal agencies as authorized by law. The City and FTB further agree that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose other than identified in this Agreement or as authorized by law. DATA OWNERSHIP: The confidential tax information or sensitive information being provided to the City under this Agreement remains the exclusive property of FTB. Confidential tax and sensitive data/information are not open to the public and require special precautions to protect from loss and unauthorized use, disclosure modification, or destruction. The City shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work, Exhibit A, of this Agreement, which right shall be revoked and terminated immediately upon completion of this Agreement. 4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City agree that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a "need to know" basis. The "need to know" standard is met by authorized employees who need information to perform their official duties in connection with the uses of the information authorized by this Agreement. Both parties recognize their responsibilities to protect the confidentiality of this information as provided by law and ensures such information is disclosed only to those individuals and of such purpose, as authorized by the respective laws. 5. PROTECTING CONFIDENTIAL INFORMATION: Both FTB and the City in recognizing the confidentiality of the information being exchanged, agree to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized disclosure. Both FTB and the City will conduct oversight of its users with access to the confidential information provided under this Agreement. City of El Segundo EXHIBIT D Agreement # C1100164 SPECIAL TERMS AND CONDITIONS (continued) 6. INFORMATION SECURITY: Information security is defined as the preservation of the confidentiality, integrity, availability, authenticity, and utility of information. A secure environment is required to protect the confidential information obtained from FTB pursuant to this Agreement. The City will store information so that it is physically secure from unauthorized access. The records received by the City will be securely maintained and accessible only by employees of the city business license program who are committed to protect the data from unauthorized access, use, and disclosure. 7. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and/or disclosure (incidents) of FTB data shall be reported to FTB's City Business Tax Program Area, (916) 845-6304 or by email: LocalGovtLiaison(cDftb.ca.gov, , immediately upon discovery of the incident. The incident report shall contain the following: date, time, employee name, description of the incident or circumstances, and means of discovery. Upon discovery of any such incident, FTB will make the appropriate notification to affected California resident(s) pursuant to the requirements of Civil Code Section 1798.29. 8. DESTRUCTION OF RECORDS: All records received by the City from FTB and any database(s) created, copies made, or files attributed to the records received will be destroyed within three years of receipt. The records shall be destructed in a manner to be deemed unusable or unreadable and to the extent that an individual record can no longer be reasonably ascertained. FTB will destroy City data in accordance with the Department's data retention policies. 9. SAFEGUARD REVIEW QUESTIONNAIRE AND ON -SITE SAFEGUARD REVIEW: Prior to sending data to the City, FTB requires the City to submit a Safeguard Review Questionnaire certifying the protection and confidentiality of FTB data. The FTB retains the right to conduct an on -site safeguard review of the City. The City will be provided a minimum of seven (7) days' notice prior to an on -site safeguard review being conducted by the FTB Disclosure Office. The on -site safeguard review will examine the adequacy of information security controls established by the City in compliance with the confidentiality requirements pursuant to this Agreement. The City will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements. 10. DISPUTE RESOLUTION: In the event of a dispute, the City shall file a "Notice of Dispute" with the Chief Financial Officer of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with the City and the FTB contact for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final. 11. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each other, its officers, agents, and employees from any and all claims and losses accruing or resulting from any breach of confidentiality by either party and/or its employees. City of El Segundo EXHIBIT D SPECIAL TERMS AND CONDITIONS (continued) Agreement # C1100164 12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content of the material available through this Agreement, and expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose. 13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, upon thirty days' (30) prior written notice. This Agreement may be terminated by either party in the event of any breach of the terms of this Agreement. Both parties agree that in the event of a breach to the terms of this Agreement, it shall destroy all records and any databases created, copies made, or files attributed to the records received. The records shall be destructed in a manner to be deemed unusable or unreadable and to the extent that an individual record can no longer be reasonably ascertained, upon destruction. 14. NO THIRD PARTY LIABILITY: Nothing contained in this Agreement or otherwise shall create any contractual relation between either party and any other party, and no party shall relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree to be fully responsible for the acts and omissions of its third parties and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the City or FTB. Both parties shall have no obligation to pay or to see the payment of any monies to any party or persons either directly or indirectly employed by the City or FTB. 15. EARLY TERMINATION CLAUSE: In the event that Revenue & Taxation Code 19551.1 and 19551.5 are not amended before the sunset date of December 31, 2013, this Agreement will be terminated effective that date. City of El Segundo Agreement # C1100164 EXHIBIT E CITY RECORD LAYOUT SPECIFICATIONS Data Element Name Start End Field Usage Description Pos. Pos, Size SOCIAL SECURITY NUMBER (SSN) FEDERAL EMPLOYER ID NUMBER (FEIN) OWNERSHIP TYPE 1 9 9 10 18 9 19 19 1 OWNER'S LAST NAME 20 34 15 OWNER'S FIRST NAME 35 45 11 OWNER'S MIDDLE INITIAL 46 46 1 BUSINESS NAME 47 86 40 BUSINESS ADDRESS 87 126 40 NUMBER AND STREET CITY 127 166 40 STATE 167 168 2 ZIP CODE 169 177 9 BUSINESS START DATE 178 185 8 BUSINESS CEASE DATE 186 193 8 AN Must be present unless FEIN is provided. Fill unused field with blanks. AN Must be present unless SSN is provided. Fill unused field with blanks. AN Must be present: S = Sole Proprietorship P = Partnership C = Corporation T = Trust L = Limited Liability Company AN Must be present if Ownership Type in position 19 = S. AN Must be present if Ownership Type in position 19 = S. AN May be left blank. AN Enter if business is operating under a fictitious name (Doing Business As (DBA)). AN Address of the business location or the residence of the owner if sole proprietorship. A Must be present. A Enter standard state abbreviation. AN Enter the five- or nine -digit ZIP Code assigned by the U.S. Postal Service. If only the first five -digits are known, left -justify information and fill the unused fields with blanks. N Enter the eight -digit date (MMDDYYYY). Zero fill if not known. N Enter the eight -digit date (MMDDYYYY) if out of business. Zero fill if not known or still in business. City of El Segundo Agreement # C1100164 Data Element Name Start End Field Usage Description Pos. Pos. Size CITY BUSINESS TAX 194 196 3 N Enter three -digit number assigned NUMBER by FTB. NORTH AMERICAN 197 202 6 N Enter the six -digit NAICS code. Fill INDUSTRY CLASSIFICATION unused fields with zeros. SYSTEM (NAICS) STANDARD INDUSTRIAL 203 206 4 N Enter the 2-4 digit SIC code. Left CLASSIFICATION (SIC) justify (example 99 will be 9900). Fill unused fields with zeros. TOTAL RECORD LENGTH 206 City of El Segundo Agreement # C1100164 EXHIBIT F FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS Field Name Length Start Description Pos. ENTITY TYPE 1 1 "P" — personal income tax record; "B" — business entity tax record. SSN or FEIN 9 2 For "P" records, primary taxpayer's social security number; For "B" records, federal employer identification number. LAST NAME 40 11 For "P" records, the primary taxpayer's last name; For "B" records, business name. FIRST NAME 11 51 For "P" records ONLY. MIDDLE INITIAL 1 62 For "P" records ONLY. SPOUSE SSN 9 63 For "P" records filed with a joint return. SPOUSE LAST NAME 17 72 For "P" records filed with a joint return. SPOUSE FIRST NAME 11 89 For "P" records filed with a joint return. SPOUSE MIDDLE INITIAL 1 100 For "P" records filed with a joint return. PBA CODE 6 101 Principal business activity code. ADDRESS NUMBER 10 107 PRE -DIRECTIONAL DIRECTOR 2 117 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET NAME 28 119 STREET SUFFIX 4 147 e.g., ST, WAY, HWY, BLVD, etc. POST -DIRECTIONAL INDICATOR 2 151 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET SUFFIX 2 4 153 APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc. CITY 13 167 STATE 2 180 Standard state abbreviation ZIP CODE 5 182 The five -digit ZIP Code assigned by the U.S Postal Service. ZIP CODE SUFFIX 4 187 Provided if known. CBT MATCH 1 191 "N" — No match per CBT data. "Y" — Yes CBT matched to state tax return filed. City of El Segundo EXHIBIT G CONFIDENTIALITY STATEMENT State of California Agreement # C1100164 Franchise Tax Board Confidential tax return information is protected from disclosure by law, regulation, and policy. Information security is strictly enforced. Violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax return information is in the public's interest, the state's interest, and the city's interest. A city employee is required to protect all information received from the Franchise Tax Board. A city employee is required to protect confidential information by: • Accessing or modifying information only for the purpose of performing official duties. • Never accessing or inspecting information for curiosity or personal reasons. • Never showing or discussing confidential information to or with anyone who does not have the need to know. • Placing confidential information only in approved locations. • Never removing confidential information from your work site without authorization. Unauthorized inspection, access, use, or disclosure of confidential tax return information is a crime under state laws, including but not limited to Sections 19542 and 19552 of the California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized access, inspection, use, or disclosure may result in either or both of the following: • State criminal action • State and/or taxpayer civil action You are reminded that these rules are designed to protect everyone's right to privacy, including your own. I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action being taken against me. Name signature Date EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of a project for the installation of surveillance equipment at the City Police Station. Project No.: PW 11-03 (Fiscal Impact: $56,520.87) RECOMMENDED COUNCIL ACTION: Accept the work as complete. 2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office. 3. Alternatively, discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $56,520.87 Additional Appropriation: No Account Number(s): 120-400-0000-8104 - COPS Fund: Equipment ORIGINATED BY: Maryam M. Jonas, Principal Engineer P, REVIEWED BY: Stephanie Katsouleas, Public Works Director qt APPROVED BY: Greg Carpenter, Interim City Manager BACKGROUND AND DISCUSSION: On May 3, 2011, the City awarded a contract to NIC Partners, Inc., in the amount of $57,148.79 for the installation of surveillance equipment at the City Police Station. Construction was completed in accordance with the plans and specifications. The final construction cost is $56,520.87. Funding for this project was provided from the Community Oriented Policing Services (COPS) and requires no match from the City general funds. Staff recommends the City Council accept as complete the work performed by NIC Partners, Inc. Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Installation of Surveillance equipment at City of El Segundo Police Station Project No.: PW 11-03 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Facilities 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on February 22, 2012. The work done was: installation of Surveillance equipment. 6. On March 6, 2012, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: NIC Partners, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: El Segundo Police Station. 9. The street address of said property is: 348 Main Street Dated: Stephanie Katsouleas Public Works Director VERIFICATION I, the undersigned, say: I am the Director of Public Works/City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2012 at El Segundo, California. Stephanie Katsouleas Public Works Director EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 6, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action regarding rejection of the bid for Installation of Fiber Optic Cable (Phase 2 for future I -Net) for non -City Hall City Facilities and approval to rebid the project following Scope of Work modifications. Project No. PW 11-13, Approved Capital Improvement Project. (Fiscal Impact: $130,000.00) RECOMMENDED COUNCIL ACTION: 1. Reject the bid received on February 21, 2012 2. Authorize staff to re -advertise the project for receipt of Construction Bids 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $130,000.00 Additional Appropriation: No $ Account Number(s): 301-400-8201-8497 — Capital Improvement Fund: iNet ORIGINATED BY: Arianne Bola, Engineering Associate & Maryam Jonas, Principal Engineer ` REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, Interim City Manager BACKGROUND AND DISCUSSION: On January 17, 2012, the City Council authorized staff to advertise for a project to install fiber optic cable systems connecting all city facilities. On February 21, 2012, the City Clerk received and opened only one (1) bid from Power Technology Electric for $350,329.40. Since the bid is more than twice the amount of staff s estimate of $130,000.00 it is recommended that this bid be rejected. Staff is currently reevaluating the cable systems connection requirements for the project and determining where modifications can or should be made to reduce costs. A revised scope will be developed and may result in a more competitive bidding process for the funds available for this project. M EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 6, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action to approve continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) RECOMMENDED COUNCIL ACTION: 1. Approve the continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range, or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Budget Adjustment Approved Amount Budgeted: $0 Additional Appropriatiow'No $ Account Number(s): t!fttiftiq Appropriations: 503-400-5�01.7104 ($43,000) - Golf Course Ent.: Equipment 503-400-5302=6215 ($9,500) - Golf Course Ent.: Repair/Maint. 503-400-5307-6215 ($10,500) — Golf Course Ent.: Repair/Maint. FY 11-12: 503-400-5301-8104 ($60,000) — Golf Course Ent.: Equip. 601-400-5301-8104 ($45,000) — Equipment Replacement: Equip 405-400-0000-6215 ($139,000) — Facilities Maint.: Repair/Maint. ORIGINATED BY: Stephanie Katsouleas, Public Works Director REVIEWED BY: Bob Cummings, Parks and Recreation Director �1� APPROVED BY: Greg Carpenter, Interim City ManagerA BACKGROUND AND DISCUSSION: On December 6, 2011, City Council adopted Resolution No. 4765 and authorized staff to proceed with the repair and replacement of "The Lakes" Golf Course Driving Range netting and poles that were damaged in the November 30`h wind storm. Resolution No. 4765 requires that staff provide a status update at each City Council meeting until the repair is completed and that City Council determine, by four -fifths vote, that there is a need to continue repair work. Staff recommends that the City Council authorize this emergency repair until it is completed. Status Update ' As of this report submittal date, Judge Netting has installed 19 , steel poles and 1000+ feet of netting. The golf course is now open and fully operational. All work, except installing. the chain link fence on the south side of the range, is complete. The new fence i has been ordered and will be installed once materials arrive (a change order, expected to be installed by mid -March).