ORDINANCE 1204ORDINANCE NO. 1204
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT NO. EA -312 AS COVERED BY A PREVIOUSLY
CERTIFIED ENVIRONMENTAL IMPACT REPORT AND APPROVING
AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO.
93 -1 FOR PROPERTYAT 455 AND 475 CONTINENTAL BOULEVARD.
PETITIONED BY 117ATTEL TOYS.
WHEREAS, on June 24, 1993 an application was received from Mattel Toys for EA -312 and
Development Agreement No. 93 -1 to allow a 300,000 square foot research and development building
and an associated parking structure for property at 455 and 475 Continental Boulevard; and
WHEREAS, on July 29, 1993 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; opportunity was given to all persons to present testimony or documentary
evidence for or against EA -312 and Development Agreement No. 93 -1; and
WHEREAS, on August 17, 1993 the City Council 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 -312 and Development Agroc:nent No. 93 -1; and
WHEREAS, at said bearing the following facts were established:
1. The project site consists of 3.5 acres of the original 8.87 acre site.
2. The project. consists of a research and development building and parking structure and will
have maximum building heights of 14 stories and 8 respectively, a approximately 600 parking
spaces, and a maximum floor area ratio of 1.99.
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 I1, covered by
the following previous approvals and agreements:
EA -032: Approved by Planning Commission Resolution No. 2096 on June 14, 1984
certifying an Environmental Impact Report and adopting mitigation measures for a
mixed use development consisting of two fourteen -story office towers (482,7G8 sq.ft.),
a 300 room hotel (151,250 sq.ft.), in -house hotel facilities (42,250 sq.ft.), and a retail
complex (94,550 sq.ft.), and two parking structures to accommodate approximately 2 31.0
spaces, and 60 short -term surface parking spaces on an 8.87 acre site at t;he northwest
corner of Grand Avenue and Continental Boulevard (333, 375, 455, 475 Continental
Boulevard and 1985 East Grand Avenue).
Subdivision 85 -1 and 'Tentative Parcel Map No. 1G854: Approved by the Planning
Commission on March 14, 1985 as Resolution No. 2098 resulted in the division of the
property into three parcels.
A Development Agreement; was executed on September 18, 1985 pursuant to which the
City granted the Developer the right to construct the project in accordance with the
rules, regulations, zoning, and official policies exiting at the time. The Development
Agreement allowed the construction of the buildings in the setback area between parcel
B and C without a variance.
An Agreement Aficcting Real Property was executed concurrently with the
Deveiopinent Agreement on September 18, 1985 pursuant to the conditions and
mitigation measures imposed by the Planning Commission in Resolution No. 2096 and
in part by Ptesolution No. 2098.
* An Easement Agreement and Declaration of Restrictions was executed on September
15, 1985 pursuant, to the conditions and mitigation measuros imposed by the Planning
Commission in Resolution No. 2096.
A Subdivision Agreement was executed on September 15, 1985 pursuant to the
conditions and mitigation measures imposed by the Planning Commission in Resolution
No. 2098.
A Recreation Plan was approved on November G, 1985 and a Design Amenities and
Use Control Plan was approved on November 4, 1985.
First and second amendments to the Declaration of Covenants, Conditions, Easements,
and Restrictions, dated April 22, 1988, and November 5, 1990, respectively.
5. The existing C -3 zoning for the site is not currently consistent with the General Plan Land Use
designation of the site for Corporate Office. Upon completion of Zoning Code amendments in
November, 1993, the zoning will be consistent with the General Plan. The subject proposal is
consistent with the intent of the Corporate Office zoning designation by allowing for research
and development uses east of Sepulveda Blvd. and by contributing to the Corporate
headquarters for the applicant.
The subject proposal is exempt from the Int -erim Zoning Ordinance adopted by the City Council
on May 4, 1993 by Ordinance No. 1197.
7. The development rights have been transferred from the original developer with the City's
approval. Building permits have been issued for all three parcels. The hotel on parcel 1 and
the 14 story office and retail pavilion on parcel 2 have been completed. The 14 story office
building on parcel 3 is under construction but will be abandoned in order to build the revised
Phase II building.
8. The applicant proposes to relocated research and development operations from two buildings
currently in the City. In order to accommodate the height needs for certain facilities, the
applicant is proposing to locate a portion of the research and development square footage in
the parking structure. The submitted plans are intended as preliminary designs, not the final
design of the proposed project.
NOW THEREFORE, BE IT RESOLVED That after consideration of the above facts and study of
proposed Environmental Assessment EA -312 and Development Agreement 93 -1, the City Council finds
as follows:
ENVIRONMF,N'1,AL FINDINGS
The Planning Commission previously adopted EA-032 and Resolution No. 2096 certifying a
Final Environmental Impact Report on June 14, 1984 for subject proposal finding that the
Final E I R 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 in that
there are no changes in the project description will likely create any environmental impacts
not already mitigate by the original EIR. The square footage is the wine, but the height will
be reduced, and the number of employees will be less than originally approved, which will
create less traffic and other impacts. The environmental effects of the proposed project will be.
less than the original project.
The City CouncilPlanning Commission hereby determines that the project is covered by the
previously certified Environmental Impact Report and directs the Director of Planning and
Building Safety to file the required Notice of Exemption.
3. 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.
4. That within 10 days following the date of adoption of this resolution, the applicant shall pay
to the Planning Department a fee of .$25.00 for the filing of a Certificate of Fee Exemption and
De Minimus Finding with the County ofLos iktigeles Recorders Office, pursuant to A 3158 and
the California Code of Regulations. The fee shall be. paid in the form of a check made out to
the County of Los Angeles Recorders Office. The Notice of Exemption required to be filed with
the County of Los Angeles, pursuant to the California Environmental Quality Act, will not be
filed until the fee has been paid. Until the fee is paid and the appropriate Notices are filed
with the County of Los Angeles, the project shall not be deemed to be vestedd and no permits
may be issued.
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DEVELOPMENT AGRE1?,MENT FINDINGS
The applicant is requesting approval of a Amended and Restated Development Agreement
pursuant to the provisions of state law and City Council Resolution No. 3268.
2. Developer shall have a germ of eight (8) years to submit plans for building permits.
3. 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.
4. That the Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, t;lte land use district in which the real property is located.
5. That the Development Agreement is in conformity with public convenience, general welfare
and good land use practice.
G. That the Development Agreement will not be. detrimental to the health, safety and general
welfare.
That the Development Agreement will not adversely affect the orderly development of property
or the preservation of property values.
SECTION 1. THE CITY COUNCIL HEREBY APPROVES EA -312 AND DEVELOPMENT
AGREEMENT NO. 93 -1 SUBJECT TO THE FOLLOWING CONDITIONS AND
MITIGATION MEASURES:
1. Developer shall comply with applicable provisions of the previously recorded Development
Agreement (recorded on October 18, 1985), the previously recorded Agreement Affecting Real
Property (recorded October 18, 1985), Easement Agreement and Declaration of Restrictions
(recorded October 18, 1985), and a Subdivision Agreement (recorded October 18, 1985).
2. Developer Shall comply with applicable provisions of the previously recorded First (Recorded
May 25, 1988) and Second (Recorded November G, 1990) Amendments to the Declarations of
Covenants, Conditions, Easements, and Restrictions.
3. Prior to issuance of a Building permit, the Development Agreement shall be executed and
recorded. Developer shall develop the project insubstantial conformance with plans approved
and on file with the Planning Department and further outlined in the Exhibit "D ", Research
and Development Uses, contained in the Development Agreement.
4. Developer shall develop the property in accordance with the applicable provisions of previously
approved Planning Commission Resolution Nos. 2096 and 2098.
The developer shall comply with all t;he provisions of the Developer Transportation Demand
Management Ordinance (Ord. No. 1192) and the Water Conserving Landscape Ordinance (Ord.
No. 1194) and Policies (City Council Resolution 3804).
G. During construction, tile. entire project site shall be. enclosed by a six -foot high chain link fence.
Gates for site fencing shall not open over sidewalk /public riglit -of -way.
7. 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.
8. 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 sliall be performed in the public, right -of -way without first obtaining
a Pubic Works permit.
9. Prior to issuance of a building permit, flans shall indicate that all existing and proposed
utilities shall be, placed underground to the satisfaction of the City Engineer.
10. 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.
1 L Prior to issuance of a building permit, plans sliall 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.
12. New sewer laterals shall be. required and constructed in the public right -of -way and shall be
a minimum of six (G) inches inside diameter. Material shall be "vitreous clay pipe ". Each
lateral shall have a six (G) 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 (G) inch wyes may be reused if approved by the Director of Public Works.
13. 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.
14. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps
and A.C. pavement, including alloys, shall be constructed /reconstructed as required by the
Director of Public Works. Existing driveways and other concrete work not to be incorporated
into t;he construction shall be removed and replaced with standard curb and sidewalk.
15. 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 post" 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.
16. 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 Life Safety System Plan which
was entered into on October 7, 1985 between the City and the original Developer. The
developer sliall amend appropriate easemonts, described in Exhibit "C" of Easement
Agreement and Declaration of Restrictions, recorded on October 15, 1985, to accommodate fire
access lanes, fire mains, and hydrants as required by the Fire Chief.
17. A Landscaping and Irrigation Plan, shall be. submitted, reviewed, and approved by the Director
of Planning, Director of Recreation and Parks, and Chief of Police prior to issuance of a
building permit. All landscaped areas sliall be provided with a permanent automatic watering
or irrigation system and shall be permanently maintained in a neat and clean manner. The
developer, if feasible, shall incorporate provisions for the use of reclaimed water in the
landscaping and Irrigation Plan.
18. Prior to issuance of a building permit, a complete exterior lighting plan shall be submitted to
and approved by the Director of Planning and Building Safety and Police Chief. The plan shall
indicate the location, means and intensity of all lighting. A transitional lighting plan within
the parking structure shall 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. Lighting should be designed to provide security and
visibility without creating glare.
19. 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, illtuninated during dark hours, and
clearly visible from the street, parking and walkways.
B. 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.
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C. A latch guard should be placed over main entry dead bolts to prevent prying.
D. Entry and exit for the harking facility should be limited to one area for control and
observation. If more than one entry or exit is to be used, a card access system should
be used, limiting the opportunity for auto theft, burglary, robbery or rape.
E. The parking garage 811,111 have bars or concrete at least eight (8) feet high on the
ground floor to restrict climbing access.
20. Should the proposed structures, at any stage of construction or completion, impact, reduce, or
degrade radio or other communications transmission to or from the Regional Communication
Center (RCC) and the Police or Tire Departments, then the applicant shall be responsible for
the necessary mitigation to re- establish the pre- construction level of communication.
SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause
the same to be. entered in the book of original ordinances of said city; sliall make a
minute of the passage and adoption thereof in the records of the meeting at which the
same is passed and adopted; and shall cause to be posted the same in three public
Maces in the City of E1 Segundo.
PASSED, APPROVED AND ADOF'r'TT
ATTESTED:
C' d Mort ._ e� (;�Ir y y k
(SEAL)
APPROVED AS TO FORM:
eland C. Dolley,, j Ay Attorifiey
5
)93.
of tile ulty of L1 Segundo,
California
EA312- CC.RES
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 the
said City is five; that the foregoing ordinance, being ORDINANCE NO. 1204 is
a full, true correct original of ORDINANCE NO. 1204 of the said City of El
Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
APPROVING AND ADOPTING THE APPROPRIATION LIMIT FOR FY
1993/94.
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 7TH DAY OF
SEPTEMBER 1993, and the same was so passed and adopted by the following
vote:
AYES: Mayor Jacobson, Mayor ProTem Wise,
Councilman West, and Councilman Switz.
NOES: None
ABSENT: None
ABSTAINED: None
NOT PARTICIPATING: Councilman Robbins.
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. 1204, 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.
DY MO , E N
City Clerk of the
City of El Segundo,
California
(SEAL)