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ORDINANCE 1172ORDINANCE NO. 117 2 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -268 AS COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND APPROVING DEVELOPMENT AGREEMENT NO. 91 -2 FOR PROPERTY AT 400 AND 444 NORTH CONTINENTAL BOULEVARD. WHEREAS, on September 25, 1991 an application was received from Cal Fed Enterprises for EA -268 and Development Agreement No. 91 -2 to allow a 6 -story office building and an associated 6 -story parking structure for property at 400 and 444 North Continental Boulevard; and WHEREAS, on December 12, 1991 the Planning Commission did hold, pursuant to law, duly - advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on January 9, 1992, the Planning Commission held a continued public hearing and opportunity was given to all persons to present testimony or documentary evidence for or against EA -268 and Development Agreement No. 91 -2; and WHEREAS, on January 9, 1992 the Planning Commission adopted Resolution No. 2315 recommending to the City Council approval of EA -268 and Development Agreement No. 92 -2; and WHEREAS, on February 18, 1992 the City Council did hold, pursuant to law, duly- advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -268 and Development Agreement No. 91 -2; and WHEREAS, at said hearing the following facts and findings were established: PROJECT FINDINGS 1. The project site consists of 4.17 acres. 2. The project consists of an office building and parking structure and will have maximum building heights of 87 feet 6 inches (exclusive of roof structures) and 70.64 feet (exclusive of roof structures), a minimum of 963 parking spaces, and a maximum floor area ratio of 1.28. 3. Subject proposal complies with all applicable requirements of the underlying C -3 Zone. 4. Subject proposal is to complete a previously approved project, specifically Phase 2, covered by the following previous approvals and agreements: EA -039: Approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight - story parking structures to accommodate a total of 1,698 spaces, and two surface parking lots on an 8.37 acre parcel at the northeast corner of Grand Avenue and Continental Boulevard ( 300, 400, and 444 North Continental Boulevard and 2111 East Grand Avenue). * Subdivision 86 -4 and Tentative Parcel Map No. 17937: Approved by the Planning Commission on August 28, 1986. Resulted in the division of the property into two parcels. * Resolution No. 2219: Approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86 -4 and Tentative Parcel Map No. 17937. * An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission. * An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission. 1 ORDINANCE NO. 117 2 PAGE 2 5. The existing C -3 zoning for the site is consistent with the existing General Plan Land Use designation of the site for Special Commercial. 6. The draft revised General Plan designates subject property for Corporate Office land use. The subject proposal is consistent with the intent of the Corporate Office designation allowing for a mix of single or multiple tenant office uses with limited retail uses allowed in the lobby areas only. 7. The subject proposal is exempt from the Interim Zoning Ordinance extended by the City Council on December 17, 1991 by Ordinance No. 1170. 8. The applicant originally received building permit approvals for both Phase 1 and Phase 2 in April 1987, and Phase 1 was constructed. The building permits for Phase 2 have expired and the applicant is now seeking new approvals for the exact same Phase 2 project previously approved by the City. ENVIRONMENTAL FINDINGS 9. The Planning Commission previously adopted EA -039 and Resolution No. 2077 certifying a Final Environmental Impact Report on June 26, 1985 for subject proposal finding that the Final EIR was a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. Subject proposal is identical to that previously approved by the certified Environmental Impact Report. 10. The Planning Commission determined that the project is covered by the previously certified Environmental Impact Report and directed the Director of Planning to file the required Notice of Exemption. 11. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which wildlife depends. 12. That the Planning Commission authorized and directed the Director of Planning to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. DEVELOPMENT AGREEMENT FINDINGS 13. The applicant is requesting approval of a Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 14. Developer shall have a term of eight (8) years to pull building permits. 15. That the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. 16. That the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 17. That the Development Agreement is in conformity with public convenience, general welfare and good land use practice. 18. That the Development Agreement will not be detrimental to the health, safety and general welfare. 19. That the Development Agreement will not adversely affect the orderly development of property or the preservation of property values. SECTION 2. THE CITY COUNCIL HEREBY APPROVES EA -268 AND DEVELOPMENT AGREEMENT NO. 91 -2 SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: 1. Developer shall comply with applicable provisions of the previously recorded Agreement Affecting Real Property (recorded on June 23, 1989) and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded December 5, 1988). 2 ORDINANCE NO. 1172 PAGE 3 2. Prior to issuance of a building permit, the Development Agreement shall be executed and recorded. Developer shall develop the project in substantial conformance with plans approved and on file with the Planning Department and further outlined in the "Description of Project" contained in the Development Agreement. 3. Developer shall develop the property in accordance with the applicable provisions of previously approved Planning Commission Resolution Nos. 2077 and 2154. 4. Implement dust control measures required by the AQMD during construction, including maintaining adequate soil moisture as well as removing any soil spillage onto traveled roadways through site housekeeping procedures. 5. Prior to issuance of a building permit plans shall indicate compliance with Title 24 of the California Administrative Code, Energy Conservation, to the satisfaction of the Building Official. The project shall be designed in as energy - efficient manner as feasible including, but not limited to, the following energy conservation measures: A) Thermal insulation in compliance with standards established by the State of California (Title 24). B) Tinted glass, solar reflective glass and insulated glass shall be evaluated in the project design and shall be used where appropriate to reduce heating and cooling loads. C) Fluorescent lighting shall be used where appropriate rather than less efficient lighting. D) Public area lighting, both interior and exterior, shall be time - controlled and limited to that necessary for safety and protection but shall not preclude reasonable recreation and "ambient" lighting for facade and landscape enhancements. E) Lighting switches and multi- switch provisions for control by occupants and building personnel shall be used to permit optimum energy conservation. 6. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, sprinkler manifolds, and concealed ducts in an underground systems may be placed above ground providing such appurtenances and associated equipment are screened from view in a similar manner as set forth in Section 20.35.140(2). All vents, pipes and similar devices which are attached to the building shall be painted to match the building. Said appurtenances and associated equipment and screening shall not be located and /or screened so as to be visible from the public right - of -way. 7. Mechanical equipment installed on rooftops shall be attractively screened from view. The height of such screening shall meet the maximum height of said equipment. 8. Should the proposed structures at any stage of construction or completed construction impact, reduce or degrade radio or other communication transmission from the Regional Communications Center (RCC) to the Police and Fire Department or visa versa, than the applicant /developer shall be responsible for the necessary mitigation to re- establish the pre - construction level of communication. 9. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. Gates for site fencing shall not open over sidewalk /public right -of -way. 10. Prior to the issuance of a building permit plans shall show the use of minimally- reflective glass and all other materials used on the building's exterior should be selected with attention to minimizing reflective glare. 11. Structures, obstructions or other private improvements shall not be constructed within the public right -of -way as stipulated in Section 12.04.050 of the El Segundo Municipal Code. 12. All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. 13. Prior to issuance of a building permit, plans shall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. 3 ORDINANCE NO. 1172 PAGE 4 14. Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul -off. Permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 15. Prior to Certificate of Occupancy furnish and install required street signs (i.e. parking restriction, pedestrian crosswalks,etc.) to the satisfaction of the City Engineer. 16. Prior to issuance of a building permit, plans shall show trash compactors and enclosures to the satisfaction of the City Engineer. A storage area for cartons, containers and trash shall be provided and shielded from view within each building or within an area enclosed by a wall on each lot, the size and location subject to the approval of the Director of Planning and City Engineer. Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 17. Prior to issuance of a building permit, plans shall show the utilization of low -flush toilets,lower- volume water faucets, drinking fountains equipped with self - closing valves, plumbing fixtures which will reduce water loss from leakage due to damaged or faulty washers and the installation of restrictions on all plumbing fixtures to the satisfaction of the City Engineer. 18. New sewer laterals shall be required and constructed in the public right -of -way and shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe ". Each lateral shall have a six (6) inch clean -out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer ". If in a traffic area, cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) inch wyes may be reused if approved by the Director of Public Works. 19. Prior to the issuance of a building permit, the project site plan shall show the location of all existing and proposed easements such as sewer, storm drain, water and electrical utility easements. Structures such as buildings, block walls, retaining walls, etc., shall not be constructed within these easements. 20. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. Material storage shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times. Storage beyond these areas in the public right -of -way requires prior approval and shall be limited to a maximum period of 24 hours. 21. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A.C. pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk. 22. To correct any latent damage to streets and other public facilitates that may result from construction activities, a cash deposit or surety acceptable to the City Attorney in the amount of $15,000.00 is to be posted with the City at the completion of the project and before the issuance of the Certificate of Occupancy. Surety will be retained by the City for one (1) year from date of issuance of the Certificate of Occupancy. All money not committed at the end of the one (1) year period shall be refunded. It is the responsibility of the permittee to request refund of deposit. 23. Prior to issuance of a building permit, a Fire /Life Safety plan shall be submitted to and approved by the Fire Chief, indicating compliance with the Fire Prevention Bureau Standard P -1 -a, Project Development Guidelines, revised October 1985, or similar guidelines in effect at that time. The Fire /Life Safety plan shall incorporate the following provisions: A. Manual fire warning system. B. Occupant voice communication system. C. Fire Department communication system. D. Smoke detection system for mechanical, electrical, and telephone equipment rooms /areas, exit corridor systems, and HVAC systems. E. Smoke detector activated automatic closing doors /fire assemblies for all openings in 1 -hour corridor. F. Pressurized stairway enclosures. G. All stairways extending through to the roof. H. On -site water supply for sprinkler and standpipe systems. 4 ORDINANCE NO. 1172 PAGE 5 I. Automatic fire pumps. J. One -hour elevator lobby enclosures for all elevators except at the ground floor level. K. Emergency /standby power system for exit lighting, fire pumps,elevators, and all fire /life safety systems. L. Building control Station for Fire Department use and for housing the fire /life safety control and annunciation equipment. M. Mechanical smoke control system. N. Fire Department emergency vehicle access roadways on not less than two dies of each building. O. Fire hydrants within 150 feet of all portions of the perimeter of the buildings. P. Looped water supply from public mains for sprinkler, standpipe, and fire hydrant systems. Q. Provisions for automatically unlocking locked stairway doors. R. Pre - fire /emergency program and instruction for building occupants. 24. Prior to issuance of a building permit, pay a one -time library service mitigation fee of 3 cents per square foot of that building's gross floor area. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin /Long Beach Metropolitan Statistical Area. 25. Prior to issuance of a building permit, submit a Landscape and Irrigation Plan, subject to approval by the Director of Planning, Director of Recreation and Parks, and Chief of Police. The project's irrigation system shall be automated and shall be operated and maintained to dispense water efficiently as dictated by a program designed to satisfy the variety of needs of the project's plant materials. Said plan shall indicate, as a minimum, the following: A. Landscaping around the perimeter of the project that highlights architectural features in terms of texture and color as well as buffering the site from adjacent properties. B. Street trees planted in accordance with City's street tree planting standards including root barrier protection requirements. C. Information indicating the location, specific type, and size of landscaping materials proposed. D. The utilization of automatic landscape watering systems. E. That all open areas not used for buildings, surface parking lots, interior roadways, penthouses, paved plaza areas, walls, recreation areas and areas provided on rooftops, shall be attractively landscaped. F. The use of trees, shrubs, vines, bushes, flowers, ground coverings, or any combination thereof. The use of artificial plants or turf is not permitted. G. Landscaping at intersections of streets, alleys, private drives and all other vehicular roadways shall comply with Section 20.58.090. H. Drought tolerant plants and landscaping material shall be utilized. I. All landscaped areas shall be permanently maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and replacement of plants when necessary. 26. Prior to issuance of a building permit, a complete exterior lighting plan shall be submitted to and approved by the Director of Planning and Police Chief. The plan shall indicate the location, means and intensity of all lighting. As a minimum, lighting around the parking lot shall be 1 foot candle minimum maintained for personal and vehicle safety. Low intensity lighting shall be used throughout the exterior of the project to the degree feasible. A lighting plan for the complex, open parking and exterior recreational facility shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness this being for personal and vehicle security. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot candle at the ground level during the hours of darkness. Lighting devices should be protected by weather and vandalism resistant covers. 5 ORDINANCE NO. 1172 PAGE 6 a transitional lighting plan within the parking structure should be established, with every level therein brightly lit (recommending florescent, high pressure sodium or mercury vapor lighting due to their durability and economy) for personal and vehicle safety. 27. Prior to issuance of a building permit, a security plan shall be submitted to and approved by the Police Chief. As a minimum, the plan shall incorporate the following measures: A Each building shall be addressed by a numeral or letter, a minimum of 24 inches in height, of contrasting color to the background and clearly visible from the street, parking and walkways. B. A site directory map shall be posted by entrance(s) to indicate access and locations for suites, this would be used for emergency response of Police, Fire and Paramedics. C. Except when double cylinder dead bolts are utilized, all glazing used within 40 inches of any door lock mechanism should be constructed by fully tempered glass or rated burglary resistant glazing. D. A latch guard should be placed over main entry dead bolts to prevent prying. E. Exterior recreational facilities should be barred at a minimum of six (6) feet for safety and visibility. Hours of usage rules should be posted. 28. Prior to installation, developer shall submit a Sign Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General Plan, as well as to ensure that signs do not impede traffic or pedestrian safety. Said sign plan shall be subject to the approval of the Director of Planning. 29. That the applicant shall submit within 90 days of the adoption of this resolution a compliance audit of the Transportation System Management Plan, as provided for in Chapter 20.56 of the Zoning Ordinance. The audit shall be prepared utilizing the guidelines and information contained in Chapter 20.56 and shall be subject to approval by the Planning Commission. An audit shall thereafter be submitted and approved by the Planning Director on an annual basis. 30. Prior to issuance of a building permit the developer shall pay a $25,000 contribution for the construction of area wide traffic improvements. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin /Long Beach Metropolitan Statistical Area. 31. Prior to issuance of a building permit the developer shall pay an additional one -time fire service mitigation fee of 3 cents per square foot of that building's gross floor area. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin /Long Beach Metropolitan Statistical Area. 32. Prior to issuance of a building permit the developer shall pay an additional one -time police service mitigation fee of 3 cents per square foot of that building's gross floor area. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin /Long Beach Metropolitan Statistical Area. 33. Prior to issuance of a building permit, the applicant shall revise the plans to incorporate bicycle storage /locker facilities to the satisfaction of the Director of Planning and the Director of Recreation and Parks. L ORDINANCE NO. 1172 PAGE 7 PASSED, APPROVED AND ADOPTED this 3rd day of March, 1992. Carl Jacobson, City of El Seg City of El Segundo EA- 268.R.ES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1172 is a full, true correct original of ORDINANCE NO. 1172 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -268 AS COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND APPROVING DEVELOPMENT AGREEMENT NO. 91-2 FOR PROPERTYAT 400 AND 444 NORTH CONTINENTAL BOULEVARD. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 3rd DAY OF MARCH, 1992, and the same was so passed and adopted by the following vote: AYES: Mayor ProTem Dannen, and Councilmembers Cruikshank and Wise. NOES: Mayor Jacobson and Councilmember West. ABSTENTION: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1172 as duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: City Clerk of the City of El Segundo, California (SEAL)