Loading...
ORDINANCE 1314ORDINANCE NO. 1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 974, ZONE CHANGE 97 -39 ZONE TEXT AMENDMENT 98 -69 AND DEVELOPMENT AGREEMENT 99 -1 FOR THE AVIATION SPECIFIC PLAN AT 700 SOUTH DOUGLAS STREET. (PROPERTY OWNER: SOUTHERN CALIFORNIA EDISON) WHEREAS, Environmental Assessments (EA -427 and EA -470), including Draft Initial Studies and Negative Declarations of Environmental Impacts for the proposed use, have been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law; and, WHEREAS, the Planning Commission has reviewed the applications and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and, WHEREAS, on October 14 and 28, 1999, the Planning Commission did hold, pursuant to law, duly advertised public hearings on such matter in the Council Chamber of the City Hall, 350 Main Street, and notices of the public hearings were given in the time, form and manner prescribed by law and adopted Resolution No. 2432 recommending approval of the Environmental Assessment; and, WHEREAS, on November 3 and 16, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1; and, WHEREAS, at said hearings the following facts were established: 1. The Specific Plan area site is located within the southeast portion of the City of El Segundo approximately one -half (1/2) mile to the west of the San Diego Freeway [Interstate -405 (I- 405)]. 2. The Specific Plan project area is approximately 5.4 acres (235,224 square feet). 3. The Specific Plan project is generally bounded on the north by light industrial land uses, on the south by Santa Fe railroad tracks and the MTA Green Line right -of -way, on the east by ORDINANCE NO. 1314 APPROVING EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 1 Aviation Boulevard and on the west by Douglas Street. Local jurisdictions bordering or near the site include the City of Manhattan Beach located immediately south of Rosecrans Avenue and the City of Hawthorne locate to the east of Aviation Boulevard. 4. The Specific Plan site is currently developed with several abandoned greenhouse structures, and Southern California Edison transmission towers, and was previously used as a commercial wholesale landscape nursery. 5. The topography of the Specific Plan site is level and soils conditions are suitable for the existing development. 6. Plant species present on the Specific Plan site are those that are commonly used for landscaping purposes or which have adapted to urban environments. There is no known rare or endangered animal species associated with the Project site, or project locale. 7. The Specific Plan site and immediate project locale, contains no known significant cultural, historical, or scenic aspects. 8. The area surrounding the Specific Plan project site is highly urbanized. Land uses consist of medium scale office, commercial, light - industrial, warehouse, research and development, hotel, restaurant, and retail uses. 9. There are residential uses located approximately 150 feet from the eastern boundary of the Specific Plan area, on the east side of Aviation Boulevard in the City of Hawthorne. 10. The Specific Plan project site is only visible from Douglas Street on the west, Aviation Boulevard from the east and from the elevated Douglas Street MTA Green line Station 11. The City's General Plan designates the Specific Plan project site for Open Space. The project site is zoned Open Space (O -S) Zone. The proposed Specific Plan area will be designated Aviation Specific Plan (ASP) in the General Plan and Zoning Code. 12. Southern California Edison is the property owner for three parcels of land which would be leased to the City for park purposes, include: 1) 0.61 acres located on Washington Street between Walnut Avenue and Sycamore Avenue; 2) 2.05 acres located on Illinois Street between Mariposa Avenue and Pine Avenue; and, 3) 1 acre located on Illinois Street between Holly Avenue and Pine Avenue. These properties are zoned Open Space (O -S) and are currently undeveloped. 13. The proposed terms of the Development Agreement would grant the City a License to use the above referenced properties for park purposes for a term concurrent with the City's current park license with Southern California Edison for the use of other Edison properties for park purposes. The existing park license will expire in 2006. The proposed Development Agreement would also allow for two five -year extensions of the park license. ORDINANCE NO.1 3 14 APPROVING EA -427, EA -470, GPA 97-4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 2 The City would have six months from the approval of the Development Agreement to exercise the lease offer. 14. The proposed Development Agreement provides for SCE to grant an easement to the City for public roadway purposes to facilitate the construction of an extension of Douglas Street adjacent to the Specific Plan area. NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment EA -427 & -470 (EA -427 & EA -470) GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1, the City Council makes the following findings and approves GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99- 1, GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the following General Plan goals, policies, and obj ectives. A. The proposed General Plan Land Use Designation for the site, as well as the proposed zoning, is Aviation Specific Plan (ASP). The Aviation Specific Plan designation is compatible with the surrounding Light Industrial and Urban Mixed - Use South land use designations. B. The proposed Aviation Specific Plan designation is designed to allow a maximum floor area (FAR) ratio of 0.3. While this would permit a greater amount of development than the existing Open Space land use designation, the total build out of the plan area would be approximately 70,000 square feet which is a insignificant increase in density compared to the anticipated total buildout of approximately 56,000,000 square feet envisioned in the 1992 General Plan. Findings must be made that the project is in conformance with the goals, policies and objectives of the General Plan in order to approve the project. Interpretation of conformity with the applicable provisions of the General Plan is a policy decision that is at the discretion of the Planning Commission and the City Council. C. The proposed project is in conformance with many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality. The following Economic Development objectives and policies apply; ED 1 -1.1, ED 1 -1.2, ED 1 -2, ED 1 -2.1, ED 1 -2.2, and ED 1 -2.3, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity. ORDINANCE NO. 1314 APPROVING EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 3 D. Many Land Use goals, policies and objectives apply including; LU 4, LU 4 -1.1, LU 4 -1.4, LU 4 -3.6, LU 4 -4, LU 4 -4.4, LU 4 -4.6, LU 4.5, LU 5 -3.1, LU 7 -1.2 and LU 7 -2.3. These issues relate to providing a stable tax base, providing landscaping, promoting commercial uses adjacent to the Green line, attracting clean industrial uses, revitalizing industrial areas, encouraging alternative transportation modes, providing good accessibility to transportation routes, and requiring adequate public facilities and underground utilities. E. Circulation Element policies and objectives also apply to the proposal including; C1 -1.2, C1 -1.4, C1 -1.5, C1 -1.13, C1 -1.15, C 1 -2.1, C2 -1.1, C 2 -3.3, C 3 -1, C 3- 1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, and C 4 -1.2. These policies identify the need to aggressively implement the Master Plan roadway improvements, construct missing roadway links, upgrade roadways to Circulation Element standards, provide full examination of project traffic impacts and complete mitigation, protect adequate right -of -way for future improvements, develop a hierarchy and street classification system correlated to capacity and function, encourage the development of pedestrian linkages to the Green Line stations, design facilities for easy pedestrian access, evaluate circulation system impacts, full mitigation of all project- related circulation impacts, integrate transportation with land uses and surrounding environments, require developers to pay for mitigation measures, provide for adequate pedestrian and bicycle access, and evaluation of project impacts on CMP routes. F. The policies and objectives which apply to the proposed project are contained within the Air Quality Element including; AQ 7 -1.1 and AQ 12 -1.2, which relate to requiring conformance with the SCAQMD PMIO standards and encouraging energy conservation features in new building design. G. The final policies and objectives which apply to the proposed project are contained within the Open Space and Recreation Element including:OS1 -4, OS1- 4.1, and OS1 -4.2, which are devoted to developing utility transmission corridors for active and passive open space and recreational uses. These objectives and policies suggest working with Southern California Edison to protect and maintain existing linear parks and landscaping within utility rights -of -way. Since this Specific Plan area is not currently used as a park or is not landscaped for a passive use, conversion of the property would not tend to contradict Policy OS1- 4.1.However, Policy OS14.2, encourages the City to continue to expand landscaping and recreational uses along the utility rights -of -way. Approval of the proposed project would appear to diminish a future opportunity for a 5.4 acre utility corridor to be used for landscaping or recreational use in a way that would be an amenity for the community. ORDINANCE NO. 13 1 4 APPROVING EA427, EA470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGENO.4 NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Environmental Assessment EA -427 & -470 (EA -427 & EA -470), GPA 97 -4, ZC 97 -3, ZTA 98- 6, and DA 99 -1, and adopts changes to the El Segundo Municipal Code and General Plan as follows: SECTION 1. Section 20.16.020 of Chapter 20.16, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.16.020 SPECIFIC PLAN ZONES. In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the City has adopted the following specific plan areas which function as the Zoning Code for specific areas. L Smoky Hollow Specific Plan There are four (4) classes of use zones intended to be used within the boundaries of the Smoky Hollow Specific Plan. These zones include: GAC - Grand Avenue Commercial Zone. MDR - Medium Density Residential Zone. SB - Small Business Zone. MM - Medium Manufacturing Zone. 2. 124t1i Street Specific Plan There is one (1) use zone intended to be used within the boundaries of the Aviation Specific Plan. This zone is: 124t1i SP - 124' Street Specific Plan Zone. 3. Aviation Specific Plan There is one (1) use zone intended to be used within the boundaries of the Aviation Specific Plan. This zone is: ASP - Aviation Specific Plan Zone. The foregoing Zones are separate Zones and shall not be deemed to be more restrictive or less restrictive than any other Zone, but shall be limited to the uses permitted in the specified Zone. SECTION 2. The Aviation Specific Plan is hereby adopted as set forth in Exhibit A, attached hereto and incorporated herein by this reference. ORDINANCE NO. 1314 APPROVING EA -427, EA -470, GPA 974, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 5 SECTION 3. The Land Use designations ( "Commercial Designations" subsection) and the proposed Land Use Plan ( "Southeast Quadrant' subsection) of the Land Use Element are hereby amended to reflect the change of a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to Aviation Specific Plan. The corresponding changes to the Land Use Element as set forth in Exhibit B, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 4. The 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element is hereby amended to reflect the change of a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to Aviation Specific Plan. The corresponding changes to the Land Use Element as set forth in Exhibit C, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 5. The General Plan Land Use Map is hereby changed to reflect the change for a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to Aviation Specific Plan. The corresponding changes to the Land Use Map as set forth in Exhibit D, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 6. The Summary of Existing Conditions and Private Facilities sections of the Open Space and Recreation Element are hereby amended to reflect the change of a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to Aviation Specific Plan. The corresponding changes to the Land Use Element as set forth in Exhibit E, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 7. The Private Open Space and Recreational Facilities Lands Map (Exhibit OS -2) of the Open Space and Recreation Element is hereby amended to eliminate a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Private Open Space and Recreational Facilities Lands Map. The corresponding changes to the Open Space and Recreation Element as set forth in Exhibit F, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 8. The current Zoning Map is hereby amended to reflect a change for a portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to Aviation Specific Plan. The corresponding changes to the Zoning Map as set forth in Exhibit G, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 9. The Development Agreement by and Between the City of El Segundo and Southern California Edison is hereby adopted as set forth in Exhibit H, attached hereto and incorporated herein by this reference. ORDINANCE NO. APPROVING EA -427, EA -470, GPA 97_V? 14 ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 6 NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1, subject to the following conditions: 1. Prior to approval of the building plans, the owner shall develop plans, which indicate that the proposed mini- storage facility is in substantial conformance with the Aviation Specific Plan and plans approved and on file with the Department of Planning and Building Safety. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 2. Prior to issuance of a Certificate of Occupancy for the mini - storage facility, the owner shall pay a one -time Library Services Mitigation Fee of $0.03 per gross square foot of building and storage unit floor area. 3. Prior to issuance of a Certificate of Occupancy for the mini - storage facility, the owner shall pay a one -time Fire Services Mitigation Fee of $0.14 per gross square foot of building and storage unit floor area. 4. Prior to issuance of a Certificate of Occupancy for the mini - storage facility, the owner shall pay a one -time Police Services Mitigation Fee of $0.11 per gross square foot of building and storage unit floor area. 5. Prior to approval of the building plans, the owner shall submit plans which demonstrate conformance with the elements outlined in the memos from the Police Department, dated February 4 and October 6, 1998, which are on file in the Planning Division. The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate. 6. Prior to approval of the building plans, the owner shall submit a Fire/Life Safety Plan to the Fire Chief which includes, but is not limited to, the following: A. Fire lane signage; B. Fire lane accessibility. All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy. 7. The owner shall pay the City Attorney's costs for preparing or reviewing the fire lane access easement, or any such easements or agreements required. 8. A Landscaping and Irrigation Plan shall be submitted by the owner to the Director of Planning and Building Safety, Director of Recreation and Parks, and Police Chief prior to approval of the building plans. Landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat ORDINANCE NO. 1 314 APPROVING EA -427, EA -470, GPA 97-4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 7 and clean manner. The owner, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan shall be reviewed and approved by the Director of Planning and Building Safety, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the owner prior to the issuance of a Certificate of Occupancy. 9. Prior to the issuance of a Certificate of Occupancy, the owner shall submit a Master Sign Plan to ensure compatibility with the surrounding area and the criteria objectives of the General Plan and Aviation Specific Plan, as well as to ensure that signs do not impede traffic or pedestrian safety. The Master Sign Plan shall be subject to the approval of the Director of Planning and Building Safety and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy. 10. 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. A fencing plan shall be submitted by the owner and reviewed and approved by the Director of Planning and Building Safety prior to installation. 11. 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. 12. Prior to approval of the building plans, plans shall indicate that all proposed utilities shall be placed underground to the satisfaction of the City Engineer. The owner shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 13. Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off. Permits 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. 14. Prior to approval of the building plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director of Planning and Building Safety and the Police Chief. Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 15. If new sewer laterals are required and constructed in the public right -of -way they 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 ORDINANCE NO. _3 14 APPROVING EA -427, EA -470, GPA 97- , ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 8 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. 16. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way it 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 of the Public Works Department and shall be limited to a maximum period of 24 hours. 17. 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. 18. Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Planning and Building Safety will be notified immediately. At the owner's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Planning and Building Safety prior to the commencement of work. 19. The owner shall submit the appropriate documentation to show conformance with or exemption from the State Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans. 20. During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance. Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e. over 15 miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. SECTION 10. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 11. 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; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and, shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. ORDINANCE NO. 1-3-14 APPROVING EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGE NO. 9 PASSED, APPROVED AND ADOPTED this 7`b day of December, 1999. L" Mike Gordon, 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. 1314 was duly introduced by said City Council at a regular meeting held on the 16th day of November, 1999, 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 71 day of December, 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: None IT IM APPROVED AS TO FORM: rk D. Hen , City Attorney ORDINANCE NO. 1 314 APPROVING EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2:00 p.m. PAGENO. 10 CITY COUNCIL ORDINANCE NO. 1314 EXHIBIT A AVIATION SPECIFIC PLAN ENVIRONMENTAL ASSESSMENT EA -427 GENERAL PLAN AMENDMENT GPA 97 -4 ZONE CHANGE 97 -3 PREPARED FOR CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 (310) 322 -4670 APPLICANT EVEREST STORAGE 199 SOUTH LOS ROBLES AVENUE, SUITE 440 PASADENA, CA 91101 (818) 585 -5920 SEPTEMBER 289 1999 AVIATION SPECIFIC PLAN TABLE OF CONTENTS I. Introduction A. Specific Plan Boundary ........................................................................ ............................... 1 B. Specific Plan Scope and Goals ............................................................. ...........................:... 1 II. Overview of the Specific Plan Study Area A. The Community ................................................................................... ............................... 8 1. Demographics ................................................................................. ............................... 8 2. Location Context ............................................................................. ............................... 8 3. Economic Context ........................................................................... ............................... 8 B. Existing Land Uses .............................................................................. ............................... 9 C. Existing Utilities and Infrastructure ..................................................... ............................... 9 1. Water Service .................................................................................. ............................... 9 2. Fire Protection ................................................................................. ............................... 9 3. Sewer Service ................................................................................ ............................... 10 4. Gas /Electric /Telephone Service .................................................... ............................... 10 5. Solid Waste Disposal .................................................................... ............................... 10 D. Potential Changes ............................................................................... ............................... 10 III Policies Standards and Guidelines A. Economic Development ..................................................................... ............................... 11 B. Land Use ............................................................................................ ............................... 12 C. Circulation ......................................................................................... ............................... 12 D. Aesthetics ............................................................................................. .............................13 E. Landscaping ......................................................................................... .............................13 F. Public Safety ...................................................................................... ............................... 15 G. Signage ................................................................................................. .............................15 IV Administration A. Introduction ........................................................................................ ............................... 16 B. Specific Plan Administration ............................................................. ............................... 16 ii 1. Administrative Determinations ..................................................... ............................... 16 2. Land Use Determinations .............................................................. ............................... 16 3. Development Standards Determinations ....................................... ............................... 16 4. Administrative Use Permit Filing and Review Process ................. ............................... 16 5. Decision ....................................................................................... ............................... 16 6. Findings for Approval ................................................................... ............................... 16 7. Expeditious Review Process ......................................................... ............................... 16 8. Planning Commission Review ...................................................... ............................... 16 9. Appeals ......................................................................................... ............................... 17 C. California Environmental Quality Act Compliance ............................ ............................... 17 V Development Standards A. Permitted Use ..................................................................................... ............................... 18 B. Development Standards ..................................................................... ............................... 18 1. General Provisions ........................................................................ ............................... 18 2. Lot Area ........................................................................................ ............................... 18 3. Height ........................................................................................... ............................... 18 4. Setbacks ........................................................................................ ............................... 19 5. Lot Frontage .................................................................................. ............................... 19 6. Building Area ................................................................................ ............................... 19 7. Walls and Fences .......................................................................... ............................... 19 8. Access ........................................................................................... ............................... 19 9. Parking and Loading ..................................................................... ............................... 19 10. Hours of Operation ....................................................................... ............................... 19 ii EXHIBITS Exhibit 1 Regional Location ................................................. ............................... 3 Exhibit2 Local Vicinity ......................................................... ..............................4 Exhibit 3 Legal Description ............... ............................... .. ............................... 5 Exhibit 4 Development Plan A ............................................. ............................... 6 Exhibit 5 Development Plan B ............................................. ............................... 7 iii AVIATION SPECIFIC PLAN I. INTRODUCTION A. SPECIFIC PLAN BOUNDARY The Aviation Specific Plan area is located in the City of El Segundo, County of Los Angeles, California (Exhibit 1). El Segundo is situated 15 miles southwest of downtown Los Angeles. It is located south of Los Angeles International Airport, east of the Pacific Ocean, north of the City of Manhattan Beach, and west of the City of Hawthorne. The Aviation Specific Plan area is a roughly rectangular 5.4 acre site located adjacent to the Aviation Boulevard and Rosecrans Avenue intersection in the southeast corner of the City. It is a narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street (Exhibit 2). A legal description of the Aviation Specific Plan property is provided in Exhibit 3. The elevated MTA Green Line and the at -grade Santa Fe Railroad track border the Specific Plan area on the southwest. Historically, the Specific Plan area has served as a right of way for Southern California Edison transmission lines and towers and is designated Open Space in the General Plan and Zoning Code. The Specific Plan area will continue to be used as a right -of- way for Southern California Edison lines and towers. B. SPECIFIC PLAN SCOPE AND GOALS The El Segundo General Plan provides the underlying fundamentals of the Aviation Specific Plan. The Specific Plan serves both as a planning and regulatory document. It is the device implementing the El Segundo General Plan in the study area. Proposed development plans or agreements, tentative tract or parcel maps and any other development approval must be consistent with the Specific Plan. Projects consistent with this Specific Plan will be automatically deemed consistent with the General Plan. The Aviation Specific Plan respects the economic, social, environmental and cultural context of the City. It seeks a balance between status quo and a complete change of the area. The Aviation Specific Plan has 4 major goals, which reflect the vision of the General Plan: 1. Facilitate Economic Development a. Complement the strong and healthy economic environment of the City, by accommodating the possibility of higher and better uses from which all diverse stakeholders may benefit. b. Enhance the support services available within the City for its residents and various businesses. 1 2. Suggest Compatible and Healthy Land Uses a. Promote compatible land uses to maintain and enhance the "Small Town" atmosphere in El Segundo. Provide effective integration of new uses. b. Retain and attract economically viable, environmentally safe uses that provide a stable tax base and minimize any negative impact on the City. C. Provide a combination of standards and incentives that will stimulate quality development. 3. Design Safe, Convenient and Efficient Circulation System a. Provide a system that incorporates the present and future circulation needs of the surrounding community. b. Ensure conscious efforts of private development in mitigating traffic impacts on the community. 4. Accentuate Overall Positive Identity of the Community a. Enhance services and convenience while respecting the immediate surrounding uses. b. Serve as an integral part to implement the City's goal of creating "small town" atmosphere. c. Incorporate well designed landscape, lighting and signage elements. 2 I- Thousand EXHIBIT 1 ° u sar�caeY'. o3am emando -"'mod- cad a ..da.HIlls °Pacoima Chatsworth Mission Hild - rthrMge _ . seputve / (.�d{{a���..�� wga Park tka ° Panorama C ty ep a Reseda °Van Huys� T rzana B x ind Hills ,..., H ° Ca saf,,: SherrRan Oa Studlo. It• Unit �I Pacft i p� c.,�ity o MPntrose iUM6 °Altadena Glendale -asa ena Monrovia IC An adla °Duarte San Marino th Pasa . P hY San Gabri 1: a Tem k C Baldwin k - Aihamlxa. ades nta O ICa t0 Eas eNce Marina Del Rey -° so `- untington -Part le w Flom Playa Del Rey 42 uth G: Project Site El Segundo M h tta Beaeh� - Hawtho Gardena it o't ° an a n Hermosa Beach _ et P r on_, Palos Verdes', Roiling Rancho Palos `peel, Ch #�'-tuer Ada Heighits !o °U11haer Fe Springs d; D�o kneInwood� i a o� _ . - Cerrito • arson Hawaila o Gardens o o Ll lage�� , t -, , Signal HIII Eo to 710 ° Stanton ng n harden Gi mil Hij 7 • L %Bc , ach aos ° eel Beach °Sa1n��Pe'dr Midway City ySlbU urfside Sunset Beach ,ountain' Regional Location Map Aviation Specific Plan City of El Segundo Huntington Beach. N E No Scale EXHIBIT 2 i 100 e 0- m U �1 u 3� 3 Z N 5 2 e w �1IM g cr w'4116TH = •f 6i S W i .PALM AV E PALN E r PL W IIBTH D 601 o E 9b AV j i u J ur W "IT. PL ` AV E MARIP SA AV u Y. 13m E s w msT w uvM 'a sr AV n b 9 E PIN AV f~p w wfiT lol 3 w 1 JAV 133RD - ST w E E- HD LY 9 9 a W I&I AV )MAFUPOSA ta]RD PL LLY 10r z t S 124TH 6 W 134TH 6T E480 n r41 E 6 N m^ V AV 3- J x E OR AV j w1I.IL O xn `r6TX t', DAY ^� 21 BYI § 1541 2 x101 yy Q 3 = W 12 X b a W130TH V W w T LL N AN e. c ° '$ < E z u FRANKLIN AV z z Z w w1,wx ° x y< 'w d° c 'E yiE PL r °w a . _ z uwu3tH 3 a1vv e _ u °E 3 E EL SEGUNDO —BLVD PL `13 EL ue E EL 601 SEGUNDO BLVD amt mat w 130' t! Q F w pN w w Q 1]11 133N DO m W ti]f 51 sT n00 134T SAT CD Q u O fl(IH Z LU i m 3 134TH PLy W 134T UTAH AV 5 135tH ST 5:30 w 135TH W 136T1 fl W N 6 2 WV HUDHES 40 Iw v61 ATA6KA M Gr d i A - Pq 6Qt O £ N4 AV rw ° .41 / s z S rLa w D O 13 1 w 13BT O e t44rx ci S S W law TAd pPRK A4 F9Q� Project ST Sife m 14W 6T w x1s 5 qq sT 1 M Nf —; Z 2i MSND 6T o4y PL W -- RDSEGPANS u `< u AV •r L S i rL > Ivm i xla, Elm Sr 9s IcM Y ,fM 741rL 1 e fq — <— T $4 vn = I", < w a _rn 4wnY t'IG 33RD 6T cS PL I,ET `r 3 T ' . < °r4 r..iAy �rj• 1 r.xw. G64 :Gr N yL2I Gr 'lP IIT� o`� Wr• ETrE CT ELGL 'P w }01 6 ?. S 1 vM ti <Z a 6 jcW1i ur C { I r o'MeYa 3" G6E4MMM CT Z f 44U6L WY OD 4 ilm Si d 2YIH ty ST 21 IN Lr Q ✓" r x.mucNEr rL f— f In $ Nxw xrlH .> �� AV MA INE w > ST > T aaND T ' > 6 6 33RD 1ml a ST e e d tf N a3 14oi > l 2 ]aN05T z ) y D Thoms Bros. Maps Local Vicinity p Ma N Aviation. Specific Plan S City of El Segundo No Scale EXHIBIT 3 LEGAL DESCRIPTION OF SITE THAT PORTION OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN RANCHO SAUSAL REDONDO, PARTLY WITHIN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO. 11629, SUPERIOR COURT OF SAID COUNTY ON JUNE 31, 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID COUNTY, AS CLERK'S FILED MAP NO. 218, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION 18, SAID EAST LINE BEING ALSO THE CENTER LINE OF INGLEWOOD AND REDONDO ROAD, WHICH POINT IS NORTH 0 DEGREES 02 MINUTES 10 SECONDS WEST 277.36 FEET, MEASURED ALONG SAID EAST LINE, FROM THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE FROM SAID POINT OF BEGINNING, NORTH 47 DEGREES 36 MINUTES 05 SECONDS WEST 2177.98 FEET TO A POINT; THENCE NORTH 50 DEGREES 36 MINUTES 05 SECONDS WEST 291.57 FEET, MORE OR LESS, TO A POINT IN THE NORTHEASTERLY CURVED BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANY, UNDER PARCEL 1 IN THE DEED DATED NOVEMBER 10, 1924, AND RECORDED IN BOOK 3817 PAGE 164, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY CURVED BOUNDARY LINE, 420.48 FEET TO THE END OF SAME; THENCE CONTINUING ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND CONVEYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANY, THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 47 DEGREES 36 MINUTES 05 SECONDS EAST 198.05 FEET TO A POINT; NORTH 42 DEGREES 23 MINUTES 55 SECONDS EAST 20 FEET TO A POINT, AND SOUTH 47 DEGREES 36 MINUTES 05 SECONDS EAST 1986.12 FEET, MORE OR LESS, TO A POINT IN THE EAST LINE OF SAID SECTION 18; THENCE NORTH 0 DEGREES 02 MINUTES 10 SECONDS WEST, ALONG SAID EAST LINE, 162.59 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (SAID LAND IS SHOWN AS PARCEL 11 AND A PORTION OF INGLEWOOD AND REDONDO ROAD, ON MAP NO. 8 OF PROPERTY OF SOUTHERN CALIFORNIA EDISON COMPANY, LTD., FILED IN BOOK 3 PAGE 4 OF OFFICIAL MAPS, RECORDS OF SAID COUNTY) EXCEPT THEREFROM "ALL OIL, WATER, GAS, PETROLEUM AND OTHER MINERAL OF HYDROCARBON SUBSTANCES, LYING IN AND UNDER SAID LAND, PROVIDED THAT THE PROPECTING THEREFOR AND THE DEVELOPING THEREOF SHALL BE DONE BY MEANS OF WELLS OR SHAFTS SUNK AND MAINTAINED ON ADJACENT LANDS AND IN SUCH MANNER AS NOT TO DAMAGE, ENDANGER, OR INTERFERE WITH ANY STRUCTURE WHICH THE GRANTEE, HIS SUCCESSORS OR ASSIGNS, MAY HEREAFTER LOCATE OR MAINTAIN UPON THE PROPERTY HEREINABOVE DESCRIBED, IT BEING UNDERSTOOD THAT SUCH EXCEPTION AND RESERVATION SHALL NOT GIVE TO THE GRANTOR, ITS SUCCESSORS OR ASSIGNS, ANY SURFACE RIGHTS WHATEVER UPON THE ABOVE DESCRIBED LAND ", AS PROVIDED IN THE DEED FROM SECURITY -FIRST NATIONAL BANK OF LOS ANGELES, TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 6, 1930 AS INSTRUMENT NO. 535, IN BOOK 9640 PAGE 33 OF OFFICIAL RECORDS. E �6 CL LLI < i P: cc I LU 0 ZS cc L 2 'R x. Elall jig LU cc 0 co Win U) LU W. LU Mw F H A4 I-q z PL4 \ a Q as. LU N o lei LUI 30 O c I > �---� z W 1 J w W sj s _ W a I O i ,•a 1 a < J l ` LL LU LL a, p _ I I 'sav rmwwn wl I I W I ^/ a \ O m ' i ®i cn W Z 0 LLI °c 1i r ism Y�PH z w a m H H P H DC w FQ a PA H z a 0 a w A 11. OVERVIEW OF THE SPECIFIC PLAN STUDY AREA A. THE COMMUNITY The Aviation Specific area is located in the Southeast quadrant of the City of El Segundo. The design and implementation of this Specific Plan relate directly to its position within this larger context. 1. Demoural3hics The community served by the City of El Segundo includes a very diverse population, representing the fall spectrum of social, environmental and economic issues. As of January 1, 1994, El Segundo has an estimated population of 15,668 and a total of 7,190 dwelling units, an increase of 869 units over the ten -year period from 1980 to 1990. During 1980 to 1995, El Segundo's population has increased by 11 %, while housing units have increased by 14 %. At year -end 1997, the daytime population was approximately 75,0001 The community is experiencing a significant demographic shift towards more young families. The median age of the residents is 332. Family households are still a majority in El Segundo (56 %) as opposed to single or unrelated households. In 1990, the total population within the five miles radius using the Specific Plan area as a focal point was 499,104. It is projected to be 526,920 in year 2001 at a growth rate of 5.6p3 2. Location context The Aviation Specific Plan area is situated at the southeast boundary of the City of El Segundo, right off the northwest corner of the intersection of Rosecrans Avenue and Aviation Boulevard. The southwest side of the Plan area is abutted immediately by the MTA Green Line, which runs north and south in the vicinity, providing service between Norwalk and Redondo Beach. The Douglas Street station is elevated approximately 25 feet above the northwest end of the Specific Plan area. The Specific Plan area is near the City of Manhattan Beach to the southwest, and the City of Hawthorne to the Northeast. Douglas Street dead -ends on both the southwest and northeast side of the Plan area, since the roadway is interrupted by the Santa Fe Railroad right -of -way. 3. Economic Context Over the past seventy -five years, the City of El Segundo has established itself as a major I City of El Segundo Finance Department - December, 1997 Annual Financial Report (CAFR) 2 1990 Census Data 3 Equifax National Decision Systems: Demographic Study - 1998 N. employment center for a variety of industrial, aerospace, high -tech and airport- related businesses. In 1995, El Segundo boasted a daytime working population in excess of 50,000 persons. El Segundo is home to many major corporations including Chevron, Computer Sciences, Hughes, TRW, Mattel, Xerox, Aerospace and Northrop Grumman. The City is aggressively marketing itself as a favorable business environment using the concept of a "Small Town for Big Business ". B. EXISTING LAND USES City of El Segundo has distinctive land use patterns, which are defined into four quadrants by Sepulveda Boulevard and El Segundo Boulevard. Compatibility of an individual land use is determined mainly by its relationship to other uses within its quadrant. The Aviation Specific Plan area is east of Sepulveda Boulevard and south of El Segundo Boulevard. This portion of the City is designated as an industrial and commercial region which contains the Raytheon campus, the Allied Signal complex, the municipal golf course, the US Air Force Base, and Continental Park, a mixed use complex of hotel, office, restaurant, retail, research and development, sports club, and entertainment uses. The adjacent land uses immediately northeast of the Specific Plan area are primarily office, research & development, light manufacturing and warehouse /distribution, including the Xerox Corporation. Across Aviation Boulevard, there are single family residential neighborhoods in the City of Hawthorne; south of Rosecrans in the City of Manhattan Beach are industrial and commercial uses, including the new Raleigh Manhattan Beach Studios. Southwesterly of the Santa Fe Railroad tracks is Continental Park, a mixed use complex that includes a hotel, a sports club, restaurants, theaters, research and development, retail, and office buildings. C. EXISTING UTILITIES AND INFRASTRUCTURE 1. Water Service Water utility service is provided by the City of El Segundo and is currently available within the Specific Plan Area. A 12 -inch water line crosses the northwestern portion of the Plan area from the south leg of Douglas Street. Reclaimed water systems are not available to the Specific Plan area at this time. The nearest main line is located in El Segundo Boulevard, approximately a half -mile north of the Plan area. 2. Fire Protection The Specific Plan Area is within 1.5 miles of Fire Station 2 located at El Segundo Boulevard and Nash Street. The provision of water for fire suppression is provided from an existing hydrant on the northwest side of the Plan area at Douglas Street. Projected occupancy loads in the Specific Plan Area, the potential of life hazard and the degree of fire hazard are all 0 expected to be extremely low. 3. Sewer Service The City of El Segundo has two separate sewer systems. The Los Angeles County Sanitation District Areas services areas east of Sepulveda Boulevard, including the Plan area. Service connections will be made to the existing 8 -inch line in Douglas Street north of the Plan area. 4. Gas /Electric /Telephone Utilities A 6 -inch Gas line, electric service, and a 12 -inch telephone conduit in Douglas Street north of the Plan area with adequate capacity are currently available upon application and payment of applicable fees and charges4. 5. Solid Waste Disposal Solid waste disposal is provided to commercial and industrial users by a variety of private haulers. Development within the Specific Plan Area would contract with a provider. Landfill capacity for the planning term (15 years) is adequate for assumed population and commercial growth within Los Angeles County5. The Aviation Specific Plan would not exceed any assumptions for either population or commercial growth in the region. D. POTENTIAL CHANGES El Segundo has been steadily moving away from heavy industrial and manufacturing uses towards commercial and professional uses. With the exception of long- standing uses like the Chevron Refinery and the Allied Signal and Air Products Chemical Plants, most heavy industrial uses have disappeared from the city. The reduction in geopolitical tensions have had a corresponding reduction in armaments manufacturing, a mainstay of the local economy for many years. In their place, El Segundo has attracted a spectrum of new economy companies such as Direct TV, Xerox, Sun Microsystems, Infonet and the professional services that support them. The City is also improving its circulation infrastructure in the vicinity of the Specific Plan area. El Segundo is participating in a consortium of jurisdictions to augment the Rosecrans Avenue and Aviation Boulevard corridors. These major arterials will be expanded by a lane in each direction providing better access to the I -405 Freeway to the east and improving north -south mobility in the region. The City is also actively pursuing local, state and federal transportation monies to connect the two dead ends of Douglas Street beneath the railroad and Green Line rights -of -way to improve north -south travel routes within El Segundo. 4 City of El Segundo Public Works Department 5 County of Los Angeles Countywide Siting Element, Adopted 1998 10 111. POLICIES, STANDARDS AND GUIDELINES The zoning policy is based on a ten -year outlook for development and growth. The Specific Plan envisions light industrial uses with moderate density. The development will serve the role of integrating land uses in the area along the MTA Green Line with those along Douglas Street and Aviation Boulevard. The Specific Plan anticipates Warehouse and Storage development that will enhance support services for existing and future businesses and residents and promote a healthy use mix in a micro economic environment. The Specific Plan provides for new development that offers quality design tailored to accommodate the existing SCE transmission lines, which will continue to operate in the Plan area. The entire area will provide an attractive, clean, safe and well - functioning image to the community. Where the Specific Plan does not state standards or guidelines, the Light Industrial (M -1) Zoning Code development standards shall apply. A. ECONOMIC DEVELOPMENT City of El Segundo is an employment -led community. El Segundo's development has been led by employment rather than population growth. Industry experts are optimistic about El Segundo's economic future due to its many assets. The existing industrial base, high skilled labor pool and transportation infrastructure all suggest that El Segundo will benefit from the restructuring of California's economy. The development proposed in the Aviation Specific Plan area should serve the mission of economic development in the City. This mission is identified as "to create, maintain and implement a business climate that fosters a strong economic community, develop a strategic plan that will result in business retention and attraction, provide an effective level of City services to all elements of the community, and maintain the quality of life that has characterized El Segundo for more than seven decades ".6 The development proposed in the study area shall be complementary to the maintenance and expansion of El Segundo's economic base. The development shall provide positive contribution to the City's economic base. Permitted uses within the Specific Plan area shall be able to create job opportunities and seek for balance between growth, local resources and infrastructure capacity. Permitted uses shall accommodate the City's future investments in infrastructure and facilities, such as the Douglas Street road connector, that encourage commercial and industrial development. 6 El Segundo Website - http: / /www.elsegundo.org 11 B. LAND USE The development in the Aviation Specific Plan area shall address its compatibility with adjacent uses. The Specific Plan area is currently zoned as Open Space (OS) which serves mainly as a utility corridor of Southern California Edison for its electrical power lines and towers. The Aviation Specific Plan area encourages primarily Warehouse and Storage uses in the entire planning area with limited ancillary and support uses. The study area shall be rezoned from the current Open Space (OS) to Aviation Specific Plan (ASP). This is based on the following findings` 1. The most adjacent use of the property is primarily office light manufacturing and research & development. 2. The area is currently underutilized. Higher and better uses on the site will be able to provide city with business license and property tax revenue. 3. The existing designated Open Space mainly serves as Edison's utility corridor and not accessible to nearby residents or businesses. Therefore, the site is not directly related to the view, recreation and quality of life in the one -mile radius should it be redesignated and rezoned. 4. Consistent zoning and utilization of land is a desirable planning policy which fosters good urban design and quality developments. C. CIRCULATION The Aviation Specific Plan area is right off the intersection of Rosecrans Avenue and Aviation Boulevard. Both arterials experience heavy congestion during the peak hours on weekdays, and the intersection of Rosecrans Avenue and Aviation Boulevard currently operates beyond capacity (Level of Service F) at critical times of the day. The traffic impact on the intersection and the two streets will be an important criterion in evaluating development proposals for the area. The new development shall accommodate the City's future transportation system upgrade. In particular, the new development shall incorporate the planned future connection of Douglas Street. New development shall in its site configuration, indicate the layout flexibility and the capacity of temporarily providing alternate access during the construction of Douglas Street road connection. 2. The ingress and egress to the Plan area shall be taken from Aviation Boulevard. 3. Only emergency vehicles, LACMTA, SCE, and other public agency maintenance vehicles shall be allowed access from Douglas Street on a permanent basis. 4. The traffic generated by new development in the Specific Plan area shall not generate 12 more than 150 trips per day. 5. The circulation of the Specific Plan area shall not interfere with the ingress and egress of the Green Line Transit Station. 6. All parking generated by new development shall be accommodated within the Specific Plan area. No on street or off- premise parking shall be provided to the Specific Plan area. D. AESTHETIC The Aviation Specific Plan area is situated at the southeast corner of the City, a gateway location.. The design and quality of new development is directly related to the image of the City, can affect property values in the adjacent neighborhood, and contribute to the quality of life in the community. 1. New development in the Specific Plan area shall provide adequate landscaping and enhance view sheds from adjacent properties. Major activity centers within the Plan area shall be located to minimize impacts on neighboring properties. Such impacts may include but not limited to views, noise, odor, light and glare. 2. The design of new development shall provide full architecture treatment of facades facing the Aviation Boulevard frontage as well as those facing adjacent properties. 3. New development shall provide consistent design quality throughout the premises. This may include, but not limited to consistent architecture treatments and use of materials. 4. New development shall provide contemporary landscape treatments. E. LANDSCAPING Landscaping is a critical criterion when evaluating development proposals in the Aviation Specific Plan area. This section will ensure that adequate landscaping area and efficient maintenance is provided for all new development. This is also in accordance with the City's requirements to landscape commercial and industrial areas. The minimum acreage devoted to landscaping within the Specific Plan area shall be 15% of the total land area. 2. The landscaping within the new development shall soften and buffer the edge of the property from the adjacent uses, as well as public right -of -way. The purpose of these landscaping areas is: a. To reduce the visual impact of development on the site. b. To maintain visual security around buildings and between adjacent uses by 13 optimizing development configuration. c. To repeat certain details, with variations, to link buildings into a cohesive design. d. To reduce the heat gain of parking lots by providing shaded parking. e. To encourage the use of reclaimed water for irrigation purposes where available. f. To encourage the use of drought tolerant plant material and water conserving landscape and irrigation systems. 3. Landscaping criteria is divided into three separate components. a. Property Entry Area Landscaping at the entrance of the Specific Plan area shall be accentuated and distinguished from that within the rest of the Specific Plan area. A permanent irrigation system shall be installed at the property entry area. b. Building Perimeter In those instances where setbacks are provided, all buildings shall have landscape areas and permanent irrigation systems around their perimeter. A combination of soft and hard landscape material may be installed in harmony with the overall design of the development. The design of the landscaping at the south end of each storage building shall incorporate a variety of heights textures and colors to enhance and soften the view of the south elevations C. Property Perimeter All required setback areas shall be fully landscaped including permanent irrigation systems. The landscaping shall incorporate the theme utilized for the public right -of -way and one shaded tree shall be provided for every 25 feet of street frontage. Frontages on a major thoroughfare shall be generously landscaped to provide an appealing image of the property. Setbacks shall be adequately landscaped with trees provided every 130 feet. Easements encumbered on the property along the property perimeter shall be landscaped. Parking may encroach into the landscape setback up to a maximum of 50% of the required setback area provided that a minimum landscaped setback width of 5 feet is maintained. 14 D. PUBLIC SAFETY New development in the Aviation Specific Plan area shall consciously and effectively ensure that the property will not pose a public safety nuisance to the community. Considering that the area is surrounded by hotel, office and light industrial uses, and is adjacent to the Douglas Street MTA Green Line station, nighttime safety in the area is a critical element in evaluating development proposals. Lighting shall be adequate throughout the Specific Plan area and shielded to minimize off -site illumination. The minimum height of a lighting source shall not be less than 8 feet nor greater than 12 feet. The maximum distance between every two lighting source shall not exceed 30 feet. 2. The site design and operation shall comply with police safety policies with regard to site layout and building configurations. 3. New development in the Specific Plan area shall maintain and increase the safety perception of the MTA Green Line Station which operates late into night E. SIGNAGE The purpose of this section is to encourage the effective use of signs as a means of communication between the Specific Plan Area and the rest of the community. It seeks to balance enhancing the market visibility of the area with preserving and enhancing the aesthetic quality of the neighborhood. 1. Only monument signs shall be permitted in the Aviation Specific Plan Area. No more than two monument signs will be permitted on each street frontage and no sign will exceed a maximum 300 square feet in size. 2. All signs shall be constructed of permanent materials. Signs shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure. All signs shall be maintained in good structural condition, and be in compliance with all building and electrical codes at all times. 3. The signage in the Specific Plan area shall reinforce the uniformity of standard components over the City of El Segundo. Signs in the Specific Plan shall be consistent in color scheme, lettering or graphic style, lighting, location of sign, materials, and sign dimensions. 15 IV ADMINISTRATION A. INTRODUCTION The Aviation Specific Plan shall be administrated in accordance with the City Municipal Code except as noted herein. B. SPECIFIC PLAN ADMINISTRATION Administrative Determinations Administrative Determinations shall comply with Section 20.72.020 of the El Segundo Municipal Code. 2. Land Use Determinations The Director of Planning and Building Safety may grant administrative determinations related to uses in accordance with Section 20.72.020 of the El Segundo Municipal Code. 3. Development Standards Determinations The Director of Planning and Building Safety may grant administrative determinations related to development standards, provided any administrative relief shall not exceed 10% of any development standard. 4. Decision Decision shall comply with Section 20.72.040 of the El Segundo Municipal Code. 5. Findings for Approval Findings for Approval shall comply with Section 20.72.045 of the El Segundo Municipal Code. 6. Expeditious Review Process Expeditious Review Process shall comply with Section 20.72.050 of the El Segundo Municipal Code. 8. Planning Commission Review Planning Commission Review shall comply with Section 20.72.060 of the El Segundo Municipal Code. 16 9. Appeals Appeals shall comply with Section 20.72.070 of the El Segundo Municipal Code. C. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE The Specific Plan was approved in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines), and City policies adopted to implement the CEQA and the Guidelines. CEQA clearance has been granted by the City as follows: TABLE A CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE Source: City of El Segundo and Everest Storage The CEQA clearance indicated above is reflective of the maximum square feet permitted by the Specific Plan, which is 66,000 square feet (296,750 square feet of lot area times 0.22 FAR = 66,000 square feet). Additional CEQA clearance may be granted in one (1) of the following two (2) methods. 1. Exceed Clearance: Approval in accordance with CEQA and City requirements to exceed the thresholds indicated in Table A. 2. Within Clearance: Approval of an administrative finding by the Director of Planning and Building Safety in accordance with Section IV of this Specific Plan. The Director of Planning and Building Safety must find that the proposed use and density /intensity does not exceed the CEQA clearance established in Table A. 17 V. DEVELOPMENT STANDARDS A. PERMITTED USE Permitted uses in the Aviation Specific Plan are as established below: 1. Mini - storage /self storage facilities; 2. Outdoor recreational vehicle storage and, 3. Offsite surface parking lot for adjacent properties. B. DEVELOPMENT STANDARDS The Aviation Specific Plan Development Standards apply to all uses in the Plan area. Where the Specific Plan does not state, new development shall comply with the Site Development Standards in Section 20.40.060 or other applicable sections of the El Segundo Municipal Code. 1. General Provisions a. All uses are subject to administrative site plan review to assure design compatibility and adequate access when the future Douglas Street connection is designed and constructed. b. All uses shall comply with the provisions of Section 20.40.060 of the El Segundo Municipal Code, except as follows: c. Landscaping: Not less than 15 per cent of the total net land area shall be devoted to landscaping which shall be distributed throughout the Specific Plan area, pursuant to Section III.E. of the Aviation Specific Plan. 2. Lot Area a. The minimum lot area shall be the entire Specific Plan area. No subdivision of land is permitted in the Plan area. 3. Height a. Buildings within the Specific Plan area shall not exceed 10 feet in height except for ancillary office use, which shall not exceed 25 feet in height. b. Structures shall not interfere with the operation of the MTA Green line or the Southern California Edison transmission lines. a Structures may not cast shadows on adjacent uses. 18 4. Setbacks a. Initial Phase: As depicted on the Development Plan A on Exhibit 4. b. After Douglas Street connection: As depicted on the Development Plan B on Exhibit 5. 5. Lot Frontage a. Frontage on Douglas Street and Aviation Boulevard shall be as depicted on the Development Plan (Exhibit 3). 6. Building Area a. Total net floor area in the Specific Plan shall not exceed 0.22: 1.0 Floor /Area Ratio. 7. Walls & Fences a. All walls and fences will comply with the provisions of Section 20.40.060 of the El Segundo Municipal Code. 8. Access a. Public access to the Specific Plan area shall be from Aviation Boulevard b. New development shall provide and maintain access for Southern California Edison (SCE), LACMTA, and other government agency maintenance vehicles. C. New development shall be designed to accommodate access for emergency vehicles. 9. Parking and Loading a. Parking and loading shall be provided as required by Section 20.40.080 of the El Segundo Municipal Code. 10. Hours of operation a. The operation hours shall be limited from 7:00 AM to 7:00 PM daily. P:\Planning & Building Safety\PROJECTS \426- 450\EA- 427\aviation specific plan.doc 19 City Council Ordinance No. 1314 Page 1 of 3 EXHIBIT B 3. Land Use Element EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, DA 99 -/: 10120199 shall be permitted if approved with a discretionary application. The maximum floor area ratio (FAR) is limited to 1.3. (Ord. 1272, GPA 97 -1, 6/17/97). Urban Mixed -Use South Permits a mixture of office, research and development, retail, and hotel uses. Light industrial uses conducted within a fully enclosed building and adult - oriented businesses shall be permitted if approved with a discretionary application. The maximum floor area ratio (FAR) is limited to 1.3. (Ord. 1272, GPA 97 -1, 6/17/97). Parking Permits areas for parking automobiles, motorcycles, and bicycles in surface or structured parking. Specific properties have been designated as parking to insure that adequate long -term parking space will be* available. 124th Street Specific Plan Permits warehousing and mini- storage uses (with an appurtenant custodial convenience unit). Also permits a Water Facility. The maximum FAR is 0.47:1 (with the Water Facility) and 0.54:1 (without the Water Facility). (Ord. 1309, GPA 99 -1, 8/17/99) Aviation Specific Plan Permits warehouse "mini - storage" and storage uses with limited ancillary and support uses The maximum floor area ratio (FART is limited to 0.22. (Ord GPA 97-4, 1 Industrial Designations Light Industrial Permits light manufacturing, warehousing, research and development, and office. Light manufacturing is defined as the assembly, packaging, fabrication, and processing of materials into finished products, rather than the conversion or extraction of raw materials. The light industrial activity shall be conducted primarily within structures; outside storage areas and assembly activity should be limited. The maximum floor area ratio (FAR) allowed is 0.6. Other compatible uses and additional FAR may be permitted for individual projects by the approval of a Specific Plan with supplemental environmental analysis. Alternative methods of calculating FAR may be permitted, subject to the provisions in the Zoning Code. (Ord. 1249, GPA 96 -1, 4/2/96). Heavy Industrial T H E U I T Y OF EL S E G U N D O • G E N E R A L P L A N 3 -9 City Council Ordinance No. 1314 page 2 of 3 EXHIBIT B 3. Land Use Element EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, DA 99 -1: 10120199 allow recycling of the site to a commercial use. The area bounded by Nash Street, Maple Avenue, Lairport Street, and Imperial Avenue is designated as light industrial, which is consistent with the uses currently operating in that area, primarily the Hughes facility (50.4 ac). The area bounded generally by Aviation Boulevard, El Segundo Boulevard, and Douglas Street is currently a U.S. Government Air Force Base (48.5 ac), which is expected to remain for the life of the Plan. The Federal Government designation placed on this area will allow the types of uses that are existing. The narrow parcel near the northwest intersection of El Segundo Boulevard and Aviation Boulevard (3.93 ac), between El Segundo Boulevard and 124th Street, is a Specific Plan area ("124th Street Specific Plan") which encourages primarily warehousing and storage uses; however, a City Water Facility may also be developed on the site. (Ord. 1309, GPA 99 -1, 8/17/99) Southeast Quadrant The majority of the southeast quadrant is designated light industrial (365.9 ac). This category allows for a mixture of light industrial and office uses, similar to what is now existing in some of the business parks between Douglas Street and Aviation Boulevard. The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as Urban Mixed -Use South, allowing a mixture of office, hotel, and retail uses. This area totals 70.6 acres. The northeast corner of Rosecrans Avenue and Sepulveda Boulevard (84.8 ac), currently occupied by Air Products and Allied Chemical, are designated for heavy industrial. There is a small commercial piece (0.9 ac } along Sepulveda Boulevard, just south of El Segundo Boulevard. (Ord. 1272, GPA 97 -1, 6/17/97). The remaining land in the southeast quadrant is designated as public facilities for the Green Line station along El Segundo Boulevard and the proposed water reclamation facility north of Hughes Way, parks for the Golf Course and Driving Range along Sepulveda Boulevard, and open space along the Southern Edison transmission line rights -of -way. A 5.4 acre portion of the Southern California Edison right -of -way area is also designated as the Aviation Specific Plan area. The privately -owned park for Hughes employees is also designated as T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 3 -13 City Council Ordinance No. 1314 Page 3 of 3 EXHIBIT B 3. Land Use Element EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, DA 99 -1 Draft: 10120199 open space, to ensure it will continue to be used as a recreation facility. (Ord. 1,272, GPA 97 -1, 6/17/97)_ The U.S. Government Air Force Base south of El Segundo Boulevard (42.1 ac) has been placed in the Federal Government land use designation. Buildout Projections The buildout projections for the 1992 General Plan are shown in Exhibit LU -3. Exhibit LU -1 shows the existing uses now present in the City; Exhibit LU -2 shows the buildout of existing trends under the previous General Plan. The existing trends scenarios are shown in order to present a more accurate buildout for the City. In some cases, development that occurred prior to either this or the previous General Plan was more intense than either Plan allowed. The existing trends scenarios, therefore, take these existing uses into' account, where they are expected to remain for the life of the Plan. Each exhibit shows the amount of acreage by land use designation and number of dwelling units or square footage projected, where appropriate. The total number of dwelling units increases on the 1992 Plan because of land designated for a higher intensity residential use that has not yet been developed to its allowed density. The projected 7,675 dwelling units would house an estimated population of 17,269 people. In addition, the projected non - residential buildout of the 1992 General Plan is less than the projected buildout of the previous General Plan. This is due to the fact that some allowed FAR's were lowered in order to project a more realistic and achievable buildout scenario. (Ord. 1209, GPA 93=1, 11/2/93; Ord. 1244, 2/6/96; Ord. 1272, GPA 97 -1, 6/17/97). T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 3 -14 City Council Ordinance No. 1314 EXHIBIT C 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Units Square Footage Single - Family Residential 357.2 2,858 - -- Two- Family Residential 57.4 934 - -- Planned Residential 5.7 65 - -- Multi- Family Residential 119.7 3,389 1 - -- Neighborhood Commercial 7.1 85 1 100,000 Downtown Commercial 30.8 91 1,237,000 General Commercial 44.3 - -- 1,930,000 Corporate Office 211.2 - -- 12,351,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 279.0 - -- 15,799,212 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 Parking 11.8 - -- - -- Light Industrial 356.1 - -- 18,529,000 2 Heavy Industrial 1,086.8 - -- --- Public Facilities 91.7 - -- - -- Federal Government 90.6 - -- - -- Open Space 78.3 --- --- Parks 50.0 - -- --- Street & Railroad R.O.W. 442.6 - -- - -- Totals 39494.3 7,691 569103,132 Population Projection 17,269 I Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonfonforming 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, Southern California Edison Generation Station, Air Products and Allied Chemical facilities. 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. Source: City of El Segundo Planning Department and The Lightfoot Planning Group Amendments: Ord. 1209, GPA 93 -1, 11/2/93; Ord. 1244, GPA 95 -1, 2/6/96; Ord. 1272, GPA 97 -1, 6/17197 Ord. 1279, GPA 97-2,10/7/97, Ord.1309, GPA 99 -1, 8/17199, Ord. 1314, GPA 97-3,12/7/99 CITY OF EL SEGUNDO * GENERAL PLAN 1992 General Plan exhibit Summary of Existing Trends Buildout I-u -3 City Council Ordinance No. 1314 Page 1 of 2 EXHIBIT E 6. Open Space and Recreation Element EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, DA 99 -1: 1020/99 the urban form, and provides buffers between incompatible land uses. The Government Code indicates that the open space element should address,.the unnecessary conversion of open space land to urban uses. The element should also provide a program for the provision of open space in an orderly pattern of growth and development. Both of these issues are addressed through the implementation policies that are located at the end of this document. The majority of El Segundo's open space resources are in the form of improved park land. Therefore, the City's parks and recreation issues will be addressed in this Element. Open space issues also overlap those of other elements, such as Land Use, for designation of open space areas; Conservation, for the protection of natural resources; and Safety, for the protection of the public health and safety. Therefore, related discussions can be found in such elements, and the information contained in them is consistent with this document. Moreover, a detailed inventory and analysis of El Segundo's existing open space and recreational resources is located in the Existing Conditions Report. Organization This Element contains a summary of the Existing Conditions Report. A detailed discussion regarding vacant lands, drainage basins, and regional recreational opportunities can be found in the Existing Conditions Report. This Element is concluded with the implementation program which includes a broad goal and detailed objectives and policies that will guide the City toward achievement of its open space and recreation goal. Summary of Existing Conditions The City of El Segundo has a wide variety of open space and recreational resources. For purposes of this Element, they will be grouped into two categories: publicly -owned resources, and privately - owned resources. See Exhibits OS -1 and OS -2. The publicly -owned resources include ten public parks, three school sites, a utility transmission corridor, a golf course and driving range, a recreation facility, and a beach area. The public facilities contribute a total of 90.47 acres of open and recreational space to the City of El Segundo. The privately -owned facilities include three parks, two utility transmission corridors, landscaping, a wildlife preserve, and three recreational facilities. The private facilities account for a total of 117.59 122.99 acres. The entire open space and recreation inventory for the City of El Segundo totals 208.06 212.56 acres. (Ord. 1209, GPA 93- 1, 11/2/93; Ord. 1244, GPA 95 -1, 2/6/96; Ord. 1272, GPA 97 -1, T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 6 -3 City.Council Ordinance No. 1314 Page 2 of 2 EXHIBIT E 6. Open Space and Recreation Element EA -427, EA -470, GPA 97 -4, ZC 97 -3, ZTA 98 -6, DA 99 -1: 1020199 which it lives. (Ord. 1244, GPA 95 -1, 2/6/96). Additional private facilities include the 9.8 acres of landscaping surrounding the Chevron area, the 3.8 -acre Chevron fitness center facility, the Old Town Music Hall, and the Seiko Tennis Court. The Old Town Music Hall operates as a motion picture theater which features silent films of the 1920's and classics of the 30's and 40's. The Old Town Music Hall is open to the general public. The Seiko Tennis Court is only available to Seiko employees. Two additional utility transmission lines traverse the City. The associated right -of -way area that is located underneath the lines provides valuable scenic and recreational open space. A 5.4 acre portion of Southern California uitility corridor is desginated as the Aviation Specific Plan area for "mini - storage" warehouse use The City of Los Angeles Department of Water and Power corridor encompasses a 32 -acre scenic strip area, and the remaining 4.6 449-acre Southern California Edison utilities right -of -way is developed into a park land corridor. Service Standards The National Recreation and Park Association (NRPA) recommends a quarter -of -a -mile service area around each small park and a half -mile service radius for larger facilities. There is a 1 -block by 1 -block area within the western portion of the City and a narrow portion of the northern part of the City, that are located beyond the recommended service distance from any park. There are no public park facilities located in the eastern portion of the City, east of Sepulveda Boulevard, where there are no residential uses. The Subdivision Map Act (Chapter 4, Article 3, Section 66477[b]) allows the dedication of 3.0 acres of park area per 1,000 population. However, if the amount of existing neighborhood and community park area exceeds that limit, the City may adopt a higher standard, up to 5.0 acres /1,000 population. El Segundo has a total of 85.21 acres of park land that is available to the public (excluding the indoor recreational 0.46 swim facility). Utilizing the 1990 Census population figure of 15,223, the City of El Segundo operates at a park land to population ratio of 5.60 acres /1,000 population. See calculations below. (Ord. 1244, GPA 95 -1, 2/6/96; Ord. 1272, GPA 97 -1, 6/17/97). 85.21 acres = X acres 15,223 pop. 1,000 pop. 2. (15,223 pop.) x (X acres) = (85.21 acres) x (1,000 pop.) T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 6 -10 T M T O W z aLL z i-- om O= X J_ W V z M O U H U zh 3 L Y V J - -4 L L. O � W �. LL O Ow m J J _ C C N z m N m m 20 z z t) _ _ ! !O z m W d m m W W Q Q C U U Q Q d' W W ' '00 C m u�t'; � � 0 w E C u 3 z a ;r 0 w w F F m m o z z r O O n n 0 n.3us J JQ� 3 3ua W C N z� 07t �S z W mm ° b! q� rvd I � a is v w h I � a is v w h !1iIIitomA/F4001rt CITY COUNCIL ORDINANCE NO. 1314 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103, 27383 Recording Requested By and When Recorded Return to: CITY CLERK CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 EXHIBIT H DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO SOUTHERN CALIFORNIA EDISON AND EVEREST STORAGE, LLC THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 Revised 11/14/99 ES -SCE Agreement November 14 clean.doc DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of November 1999, by and between the CITY OF EL SEGUNDO, a Municipal Corporation ( "City") organized and existing under the laws of the State of California, and SOUTHERN CALIFORNIA EDISON COMPANY (the "Owner ") and EVEREST STORAGE, LLC (the "Developer "). In consideration of the mutual covenants and agreements contained in this Agreement, the City, Owner, and Developer agree as follows: Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process. B. The Owner is the owner of certain real property generally located at 700 South Douglas Street, El Segundo, California (the "Site ") and more specifically described by the legal description shown on Exhibit A attached hereto. C. The Parties desire to enter into this agreement in conformance with the Government Code and the City of El Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement and the Project Approvals. D. The development for the Site, will consist of the construction of a commercial self storage facility (the "Project ") through adoption of this Agreement, Environmental Assessment EA -470, Development Agreement 99- 1, an Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6 and for the adoption of the Aviation Specific Plan (collectively "Project Approvals ") shown on Exhibit B attached hereto and made a part hereof. E. On October 14 and 28, 1999, the Planning Commission of the City of El Segundo held duly noticed public hearings on this Agreement and the Project Approvals. F. On November 3 and 16, 1999, the City Council held a duly noticed public hearing on this Agreement and the Project Approvals. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc G. On December 7, 1999, the City Council of the City adopted Ordinance No. 1314 shown on Exhibit C attached hereto, approving this Agreement and the Project Approvals. H. The City desires to obtain the binding agreement of the Owner for the development of the Site in accordance with the provisions of this Agreement and the Project Approvals. I. The Owner desires to obtain the binding agreement of the City to permit the Owner to develop the Project and Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agreement. J. Owner and Developer are desirous of receiving approval of this mutually binding Agreement. The Planning Commission and City Council of the City have given notice of intention to consider this Agreement, have conducted public hearings thereon pursuant to the Government Code, and have found that the provisions of this Agreement are consistent with Chapter 20 of the City's Municipal Code ( "Zoning Ordinance ") and the City's General Plan. K. This Agreement is consistent with the present public health, safety, and needs of the residents of the City of El Segundo and the surrounding region. L. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development of the Project on the Site except as provided for herein. M. Notwithstanding the above, this Agreement does not commit the City to undertake the development of the Douglas Street Roadway Improvements, as defined in Section 2.(c) of this Agreement. N. An environmental review was conducted and approved in November, 1999 in conjunction with the above referenced Project Approvals in accordance with the applicable statutes, ordinances, and regulations of the State of California and of the City of El Segundo. Environmental review of the Douglas Street Roadway Improvements, as defined in Section 2.(c) of this Agreement, shall be conducted by the City at a future date. 0. This Agreement eliminates uncertainty in the planning review process and provides for the orderly development of the Project Site. Further, this Agreement eliminates uncertainty about the validity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public services appropriate to the development of the Project Site, and generally serves the public interest within the City of El Segundo and the surrounding region. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc 2. Definitions. In this Agreement, unless the context otherwise requires: (a) "Applicable Rules" means the statutes, ordinances, rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth management, environmental consideration, and design criteria applicable to the Project as modified by Section 7b of this Agreement. (b) "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, the City Council 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. (c) "Douglas Street Roadway Improvements" is the construction of a public roadway between the southern terminus of Douglas Street, south of Alaska Avenue and the northern terminus of Douglas Street, north of Park Place. The roadway is proposed to extend under the existing railroad track by construction of a grade separation structure that includes a drainage pump station, which would include construction of a temporary "Shoo -fly" for the operation of the railroad during construction. The improvements would also include underground utility conduit for the Owner's future utility lines. Alternatively, an at grade railroad crossing may be developed at the City's discretion. (d) "Effective Date" is the effective date of this Agreement and shall be the date the ordinance approving this Agreement, as signed by the parties, is operative under Government Code § 36937 (thirty days following its adoption by the City Council). (e) "Zoning ordinance" is Chapter 20 of the City's Municipal Code as it exists on the Effective Date of this Agreement. 3. Interest of Owner. The Owner represents to the City that, as of the Effective Date, it owns the Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record as of November 16, 1999. 4. Binding g ffect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the land comprising the Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. 5. Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc document executed in connection herewith shall be construed as making the City, Owner and Developer joint venturers, partners or employer/ employee. 6. Development of the Property. The following specific restrictions shall govern the use and development of the Project and the Site: (a) "Permitted Uses" The Site may only be used for those utility uses which currently exist on the Site and uses as shown on Exhibit B, The Aviation Specific Plan attached hereto. (b) "Development Standards" All design and development standards applicable to the development of the Site shall be in accordance with the Applicable Rules and the Project Approvals as amended or modified in the future by mutual written consent. 7. Acknowledgments, vents, Agreements and Assurances on the Part of the Owner. The parties acknowledge and agree that Owner's grant of an easement for road purposes will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from Owner's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Owner by this Agreement as more particularly described in this Section below. The parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. In consideration of the foregoing and the City's assurances set out in Section 8 below, Owner hereby agrees as follows: (a) During the term of the Development Agreement and upon 30 days written notice, Owner will grant an easement for road and utility purposes to the City in the approximate location depicted on Exhibit D. In order for Owner to provide such easement, City must prepare and deliver to Owner a legal description for the easement. The form of the easement shall be substantially similar in form to that which is attached hereto as Exhibit E. In no event however shall the easement granted exceed 26,042.95 square feet, be more than 82 feet wide; or be granted for any other purpose other than the Douglas Street Roadway Improvements. Additionally, Owner and City shall provide each other with an Ingress and Egress Easement (City's use of such easement shall be limited to the provision of fire and safety services) in substantially similar form as the form of easement attached hereto as Exhibit F, in the approximate location depicted on Exhibit D. If an at grade crossing is developed by the City, the reciprocal ingress and egress easement between the City and Owner may not be required. (b) The City and the Owner acknowledge that this grant of road easement is in lieu of eminent domain proceedings. The City represents and warrants that the City has the power and authority to condemn for the rights granted under this grant of road easement. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc (c) To provide the City upon thirty days written notice with Temporary Entry Permits in order to access and construct the Douglas Street Roadway Improvements as identified on Exhibit D hereto in the form attached hereto as Exhibit G. (d) Owners shall post or cause to be posted a bond or pay cash in favor of the City in the amount of $250,000 which may be used by the City for the relocation, elimination, or modification of Owner's utility facilities existing on and near the Site as of the date the City requests the road and utility easement, pursuant to Section 7(a) hereof, as necessary for the construction of the Douglas Street Roadway hmprovements. The City shall be entitled to receive bond proceeds up to $250,000 only for the actual cost, as adequately documented by the City, of such relocation, elimination or modification of Owner's utility facilities. Any cost in excess of $250,000 shall be borne exclusively by the City. hi the event the City does not incur costs related to the Douglas Street Roadway Improvements on or before the expiration of the fifth year from the issuance date of the bond, then the bond shall automatically terminate or the cash shall be refunded to payor thereof. (e) The pedestrian access as it exists today or as may be relocated, will remain in effect in accordance with the terms of the current license agreement that exists between Owner and the Metropolitan Transit Authority. (f) To offer the City the right to license .61 acres of right -of -way located on Washington Street between Walnut Avenue and Sycamore Avenue, and 3.05 acres of right -of -way located on Illinois Street between Mariposa Avenue and Holly Avenue under the same terms and conditions, and with a concurrent term as the Cities existing park license located on Washington Street between Mariposa and Sycamore. City can only exercise this offer following the Effective Date, and must exercise such offer no later than six (6) months from such date, for the offer shall become null and void. Improvements to, and maintenance of, these rights -of -ways, excluding SCE improvements, shall be at the City's sole cost and expense. 8. Acknowledgements, Agreements and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, and in consideration for the Owner to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City hereby agrees and assures Owner that Owner will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules. Therefore, the City hereby agrees and acknowledges that: (a) Owner's lessee may use Aviation Boulevard for permanent access purposes to the Site for the Project. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc (b) The Developer's Traffic Impact Mitigation Fee for the Development of the Site, as required by the City's Traffic mitigation Fee Resolution, shall be waived. (c) City shall design and construct Douglas Street Roadway Improvements to accommodate permanent access to the Site for Owner. (d) The Owner shall not be responsible for the cost of the design, construction and maintenance of the Douglas Street Roadway Improvements. (e) City shall waive its Development Agreement application costs and associated City costs including the City Attorney's cost to review documents associated with the Agreement. (f) City shall be responsible for the elimination and/or relocation of Owner's improvements which do, or may, interfere with the construction of the Douglas Street Roadway Improvements existing at the time the City requests the road and utility easement, pursuant to Section 7.(a) hereof. In addition, Owner's improvements shall be relocated and/or eliminated by City if Owner determines that construction of the Douglas Street Roadway Improvements create a hazard to and/or permanently reduce the normal maintenance area around Owner's improvements. If City needs to relocated such improvements off the Site, then, City shall provide Owner with acceptable easements for such improvements. (g) Entitlement to Develop. The Owner is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules. Any change in the Applicable Rules, including, without limitation, any change in the General Plan, any applicable specific plan (Excluding the Aviation Specific Plan), Zoning Ordinance, growth management regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site. 9. Cooperation and Implementation. The Parties agree that they will cooperate to the fullest extent reasonable and feasible to implement this Agreement. The Parties shall commence in a timely manner to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement. 10. Review of Compliance. (a) Periodic Review. The City Manager of City or his/her designee shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the El Segundo Municipal Code and City Council Resolution No. 3268 in order to ascertain compliance by the Owner with the terms of this Agreement. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc (b) Special Review. The City Council of the City may order special review of compliance with this Agreement at any time. The Director of Planning and Building Safety or the City Council, as determined from time to time by the City Council, shall conduct such special reviews. (c) Procedure. During either a periodic review or a special review, the Owner shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Owner. The parties acknowledge that failure by the Owner to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code § 65865.1. (d) Cure of Default. If, on the basis of review of this Agreement the Director of Planning and Building Safety concludes that the Owner has not complied in good faith with the terms of this Agreement, then the Director of Planning and Building Safety may issue a written "Notice of Non - compliance" specifying the grounds therefor and all facts demonstrating such noncompliance. The Owner's failure to cure the alleged non - compliance within thirty (30) days or such longer reasonable period of time after receipt of said notice, shall constitute a default under this Agreement, subject to possible termination of the Agreement as provided below. Upon completion of a periodic review or a special review, the Director of Planning and Building Safety shall submit a report to the City Council setting forth the evidence concerning good faith compliance by the Owner with the terms of this Agreements and the recommended finding on that issue. 11. Proceedings Upon Termination. If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Owner of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code §§ 65868 and 65867. At the time and place set for the hearing on termination, the Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that the Owner has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. 12. Modification, Amendment, or Cancellation. Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the El Segundo Code and Section 65868 of the Government Code. 13. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of eight (8) years, unless said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto. Owner may apply, at any time during the initial eight (8) year term, for an extension of up to an additional five (5) years which shall be subject to the discretionary review of the City Planning Commission and City Council. If an extension is granted, the Owner may apply, at any time during the extension term, for a REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc second extension of up to an additional five (5) years which shall be subject to the discretionary review of the City Planning Commission and City Council. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect; provided, such termination shall not automatically affect any right of the City or Owner arising from City approvals on the Site prior to the expiration of the term and arising from the duties of the parties as prescribed in this Agreement. 14. Remedies For Default. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or the application thereof. The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Site to its prior state once the construction is commenced. Moreover, Owner has invested a considerable amount of time and financial resources in planning the time, location, intensity of use, improvements and structures for the development of the Project Site. For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately compensate the parties. Therefore, the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement. The Owner's remedies under this Agreement shall be limited to the right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Owner fails to complete any other act or performance specified in this Agreement in a reasonable manner, the Owner shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement. The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Owner, including any of the Owner's successors, assigns, transferees, or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or any portion thereof 15. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in a court of competent jurisdiction not later than 90 days following the date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6. 16. Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc requested, to the following representatives of the parties at the addresses indicated below: If to City: City of El Segundo Attn: City Clerk 350 Main Street El Segundo, CA 90524 With a Copy to: Burke, Williams & Sorenson Atttn: Mark D. Hensley, City Attorney 611 West Sixth Street 25th Floor Los Angeles, CA 90017 If to Owner: Southern California Edison Company Attn: Dana Bullock 100 N. Long Beach Blvd., #1004 Long Beach, CA 90802 With a Copy to: Everest Storage, LLC Attn: Carl Beckmann 199 South Los Robles Avenue, #440 Pasadena, CA 91101 17. Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 18. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 19. Force Maieure. In the event of changed conditions, changes in, county, state or federal laws or regulations, floods, delays due to strikes, inability to, obtain materials, civil commotion, fire, acts of God, or other circumstances which substantially interfere with carrying out the Project, as approved by the City, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Owner or City and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc 21. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 22. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 23. Attorney's Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance for the breach hereof, the prevailing party shall be entitled to its reasonable attorney's fees, litigation expenses, and costs. 24. Incorporation of Exhibits. The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit No. A Legal Description of Site Exhibit No. B Aviation Specific Plan Exhibit No. C City Council Ordinance No. 1314 Exhibit No. D Proposed Site Plan for Douglas Street Road Easements Exhibit No. E Form of Road Easement Exhibit No. F Form of Ingress and Egress Easement Exhibit No. G Form of Temporary Entry Permit 25. Entire Agreement; Conflicts. This Agreement represents the entire agreement of the parties. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Project Approvals, Applicable Rules, then the provisions of this Agreement shall prevail. 26. Hold Harmless. Owner shall defend, indemnify and hold the City and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, judgments and/or liabilities for any damages ( "collectively, Damages") arising out of, or resulting from, the City's approval of this Agreement, the Project Approvals or either party's performance pursuant to this Agreement, excepting therefrom Damages resulting from the City's active negligence or willful misconduct. 27. Owner/Developer Obligations. As between Owner and Developer only, the Owner and Developer agree that those obligations set forth in Sections 7.(d) and 26, hereof and in the Project Approvals shall be the obligations of the Developer. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date first written above. CITY OF EL SEGU O By: Mike Gordon, Mayor ATTEST: By: Cindy Mortesen, City Clerk Approved as to form: By: Mark D. Hensley, City Attorney SOUTHERN CALIFORNIA EDISON COMPANY I: Its: By: Its: EVEREST STORAGE, LLC LN Its: By: Its: REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc STATE OF CALIFORNIA Ss. COUNTY OF LOS ANGELES On 1999, before me, the undersigned, a Notary Public in and for said state, personally appeared and known to me to the persons who executed the within instrument as Mayor and City Clerk, respectively, of the CITY OF EL SEGUNDO, the public agency therein named, and acknowledged to me that such Commission executed the within instrument pursuant to its bylaws or a resolution of its members. WITNESS my hand and official seal. Name (typed or printed) STATE OF CALIFORNIA Ss. COUNTY OF LOS ANGELES On 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President of and known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of , the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Name (typed or printed) REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc EXHIBIT A LEGAL DESCRIPTION OF SITE THAT PORTION OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN RANCHO SAUSAL REDONDO, PARTLY WITHIN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO. 11629, SUPERIOR COURT OF SAID COUNTY ON JUNE 31, 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID COUNTY, AS CLERK'S FILED MAP NO. 218, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION It. SAID EAST LINE BEING ALSO THE CENTER LINE OF INGLEWOOD AND REDONDO ROAD, WHICH POINT IS NORTH 0 DEGREES 02 MINUTES 10 SECONDS WEST 277.36 FEET ' MEASURED ALONG SAID EAST LINE " FROM THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE FROM SAID POINT OF BEGINNING; NORTH 47 DEGREES 36 MINUTES 05 SECONDS WEST 2177.98 FEET TO A POINT; THENCE NORTH 50 DEGREES 36 MINUTES 05 SECONDS WEST 291.57 FEET, MORE OR LESS, TO A POINT IN THE NORTHEASTERLY CURVED BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANY, UNDER PARCEL 1 IN THE DEED DATED NOVEMBER 10, 1924, AND RECORDED IN BOOK 3817 PAGE 164, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY CURVED BOUNDARY LINE, 420.48 FEET TO THE END OF SAME; THENCE CONTINUING ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND CONVEYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANY, THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 47 DEGREES 36 MINUTES 05 SECONDS EAST 198.05 FEET TO A POINT; NORTH 42 DEGREES 23 MINUTES 55 SECONDS EAST 20 FEET TO A POINT, AND SOUTH 47 DEGREES 36 MINUTES 05 SECONDS EAST 1986.12 FEET, MORE OR LESS, TO A POINT IN THE EAST LINE OF SAID SECTION 18; THENCE NORTH 0 DEGREES 02 MINUTES 10 SECONDS WEST, ALONG SAID EAST LINE, 162.59 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (SAID LAND IS SHOWN AS PARCEL 11 AND A PORTION OF INGLEWOOD AND REDONDO ROAD, ON MAP NO. 8 OF PROPERTY OF SOUTHERN CALIFORNIA EDISON COMPANY, LTD., FILED IN BOOK 3 PAGE 4 OF OFFICIAL MAPS, RECORDS OF SAID COUNTY). Revised 11/14/99 ES -SCE Agreement November 14 clean.doc EXCEPT THEREFROM -ALL OIL, WATER, GAS, PETROLEUM AND OTHER MINERAL OF HYDROCARBON SUBSTANCES, LYING IN AND UNDER SAID LAND, PROVIDED THAT THE PROPECTING THEREFOR AND THE DEVELOPING THEREOF SHALL BE DONE BY MEANS OF WELLS OR SHAFTS SUNK AND MAINTAINED ON ADJACENT LANDS AND IN SUCH MANNER AS NOT TO DAMAGE, ENDANGER, OR INTERFERE WITH ANY STRUCTURE WHICH THE GRANTEE, HIS SUCCESSORS OR ASSIGNS, MAY HEREAFTER LOCATE OR MAINTAIN UPON THE PROPERTY HEREINABOVE DESCRIBED, IT BEING UNDERSTOOD THAT SUCH EXCEPTION AND RESERVATION SHALL NOT GIVE TO THE GRANTOR, ITS SUCCESSORS OR ASSIGNS, ANY SURFACE RIGHTS WHATEVER UPON THE ABOVE DESCRIBED LAND", AS PROVIDED IN THE DEED FROM SECURITY -FIRST NATIONAL BANK OF LOS ANGELES, TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 6, 1930 AS INSTRUMENT NO. 535, IN BOOK 9640 PAGE 33 OF OFFICIAL RECORDS. REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc ,-. r. : PROJECT APPROVALS AVIATION SPECIFIC PLAN Revised 11/14/99 ES -SCE Agreement November 14 clean,doc hA�:11.71117�7 ORDINANCE NO. [INSERT WHEN AGREEMENT ADOPTED] Revised 11/14/99 ES -SCE Agreement November 14 clean.doc EXHIBIT h / R 0 PROPOSED SITE PLAN,FOR DOUGLAS STREET RQAD EA w \ U h• o ZO u ¢ 4 0 6 m M N p J 00 M p IO N O o O M M P O tS i 4U 1 `•� w K m P O M ZZ if i i O 0 Lu N "o / M m m N t0 ZO •. QQ O Omi 00W O d`s K d� K d� O a !' �. P O i ' \ Y .. • m• 6 • � �u9 �.I• i, 4U FC •CS \y 2 1 C O p tP Ol r p O 0 0 O M N OI OI Ol O hji•• ry0 '¢1¢ ti'• ] F\ry� 0 F IL N 0 FN N Z9 \ �r \ /f \ i yx t 1 � 0 n O $ \\ 0 4 l \ r 0' 0 / y \\ • \ \ • `l \\ / R 0 \ U h• o ZO ;1 6 G W m 00 o O tS i 4U 1 `•� w K m P O M ZZ if i i O 0 O N M M m m N t0 ZO •. QQ O ow 00W O d`s K d� K d� O a !' �. P O i ' \ Y .. • m• 6 • � �u9 �.I• i, 4U FC •CS \y 2 1 C O p tP Ol r p O 0 0 O M N OI OI Ol O hji•• ry0 '¢1¢ ti'• ] F\ry� 0 F IL N 0 FN N Z9 j 0 m ¢ 2L p r ° N E N N N E cj N m E 0 E rm m E Q \OS V N n m m p < A 1.f a 0 1-=0 0 0 0 z U U z ¢ ¢ xo =0 O xZ 0 x= O yx t 1 � 0 n O $ \\ 0 4 l \ r 0' 0 / y \\ • \ \ • `l \\ Y yo\ \C \ �bo i O / R 0 \ U h• o ZO ;1 6 G W Y yo\ \C \ �bo i O O Z m 00 O Z-Z w K m d O 0 9Nm WWW Z W Z W Z W a N W W ¢¢ WZm} W aa QQ O ow 00W O d`s K d� K d� O ¢ �C �K mw m m w m o U CE W W W W m¢ W F IL N 0 FN N j m ¢ 2L p r ° N E N N N E cj N m E 0 E rm m E Q V N n m m p < A 1.f a 0 1-=0 0 0 0 z U U z ¢ ¢ xo =0 O xZ 0 x= O ti r. 00 05 W w mw NW Nov -15 -45 14:31 From -SCE 714834!]837 T -516 P.02/05 F -033 RECORDING REQUESTED BY vvH£H RECORPEP MALI. TO SOUTHERN CALFORNIA EDISON COMPANY, Corporate Real Esmm Depammt 13803 Chesmur Street Westminster, CA 92683 ATTN- Christina Nuanc2 Location: City of A.P_N. it.P- Fite+ EXHIBIT E FORM OF ROAD EASEMENTS ASOv2 TrriS roNE FOR RECOROfR*S USE TRANSFERTARS I SER. GOMPuTEO OM FULL vALUE OF PROPERTr ComVEYEO OR COMPUTED ON FULL VALUE LESS LIENS Ado ENCUMBRANCES REIW IVrNG AT TIME OF SALE SCE Company SzmaTu*OFDECiARANTORA=- "TQETEpt W'kSTN F,m+tame FAS WzWr J.O. Appro+ed CORPORATE REA4 ESTATE DEPARTMENT BY DATE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called -Grantor -, does hereby grants to , , hereinafter called Grantee, an easement for purposes, in, an, under, over, along and across that certain real property in the City of , County of , State of California, described as follows: Double_ chck- .to_replace_with_ description -here SUBJECT TO covenants, conditions, restrictions, reservauons, exceptions, encumbrances, rights, easements, leases and *hcenses, affecting the above described real property or any portion Thereof, whether of record or not, including but not limited to the following: Double_click- to_.zeplace _with- subjecT.to_items_ here The foregoing grant is made subject to the following terms and Conditions: I• The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and /or remove in, on, over, under, through, along and across the above described real property, eleotnc transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying elcctnc energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2_ Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with The rights of Grantee created by this Easement grant. 3. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and /or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting rn any planner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall nor apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liabibty are caused by the sole active negligence of Grantor. -if oc = "x'— else. -endif AVI Ha ANTS 30G OTRT 7n OTO.n nn • nr nn :..� . s,OLrNFR C.411FORvlw EDISON vvH£H RECORPEP MALI. TO SOUTHERN CALFORNIA EDISON COMPANY, Corporate Real Esmm Depammt 13803 Chesmur Street Westminster, CA 92683 ATTN- Christina Nuanc2 Location: City of A.P_N. it.P- Fite+ EXHIBIT E FORM OF ROAD EASEMENTS ASOv2 TrriS roNE FOR RECOROfR*S USE TRANSFERTARS I SER. GOMPuTEO OM FULL vALUE OF PROPERTr ComVEYEO OR COMPUTED ON FULL VALUE LESS LIENS Ado ENCUMBRANCES REIW IVrNG AT TIME OF SALE SCE Company SzmaTu*OFDECiARANTORA=- "TQETEpt W'kSTN F,m+tame FAS WzWr J.O. Appro+ed CORPORATE REA4 ESTATE DEPARTMENT BY DATE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called -Grantor -, does hereby grants to , , hereinafter called Grantee, an easement for purposes, in, an, under, over, along and across that certain real property in the City of , County of , State of California, described as follows: Double_ chck- .to_replace_with_ description -here SUBJECT TO covenants, conditions, restrictions, reservauons, exceptions, encumbrances, rights, easements, leases and *hcenses, affecting the above described real property or any portion Thereof, whether of record or not, including but not limited to the following: Double_click- to_.zeplace _with- subjecT.to_items_ here The foregoing grant is made subject to the following terms and Conditions: I• The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and /or remove in, on, over, under, through, along and across the above described real property, eleotnc transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying elcctnc energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. 2_ Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with The rights of Grantee created by this Easement grant. 3. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and /or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of persons, including employees of Grantor, resulting rn any planner whatsoever, directly or indirectly, by reason of the exercise of the rights hereby granted; provided, however, that this covenant shall nor apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/or liabibty are caused by the sole active negligence of Grantor. -if oc = "x'— else. -endif AVI Ha ANTS 30G OTRT 7n OTO.n nn • nr nn :..� . Nov -15 -99 14:31 From -SCE 7149340937 T -519 P_03/06 F -033 ERROR! AUTOTr= ENTRY NOT DEFINED. EASEMENTSerial No. Frrorl AutoText entry not def5iaed. Page 2 a. In accordance vAth the terms of the Development Agreement between Grantee and Grantor, Grantee agrees to pay to Grantor, upon demand, any and all costs of relocation and /or construction of such electric transmission, distribution and communication lines and supporting structures, pipelines, and conduits which may be or become necessary by reason of the exercise of The rights granted pursuant to this Easement. 5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of feet between their equipment and any and all overhead electric conductors. y 5. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and remove any and all obstructions of any kind at all times. 7. Grantor reserves for Itself the tight to trim any tree or trees which may grow in or on the above described real property and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such intexlerence or danger. 8_ Upon termination of the rights herein granted. Grantee shall execute and deliver to Grantor, within thirty 130) -days after service of a urritten demand therefor, a good and sumcicnt quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said gtutclaim deed as herein provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. 9. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the imps ovemenr to be located on The above described real property at its own expense. 10. Grantee hereby recognizes Grarltofs title and interest in and to the above described real property and agrees never to assail or resist Grantor's Title or interest therein. 11. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (900/0). 12. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public.cif gov = "Y'. 13. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto. IN WITNESS WHEREOF., said Southern California Edison Company has caused this instrument to be executed this day of , 19^ SOUTHERN CALIFORNIA EDISON COMPANY By MARK MEIZNER Manager, Right of Way Corporate Real Estate nov -ices 14,32 From -SCE 7149340337 T-519 P.04108 F -033 E=oRl AUTOTEXT ENTRY NOT DEFiK£D_ E4 SEMENTSenal No. Eszorl AutoTe= entry oat defiiaed. Page 3 GRANTEE, hereinafter called Grantee, does hereby accept the above and foregoing Easement upon and subject to all of the teams, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this day of , 19 GRANTEE BY 4 BY STATE OF CALIFORN" ) ss. COUNTY OF _ ) On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person . whose name is subscribed to the with= instrument and acknowledged to me that (she /he) executed the same in (her /his) authoriwed capacity and that by (her /his) signature on the instrument the person, or the entity' upon behalf of which The person acted, executed the instrument WITNESS my hand and official seal. Sie}iature STATE OF CALIFORNIA } ss_ COUNTY OF ) On before me, , personally appeared personally known to me (or 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 (she /he) executed the same in (her /biz) authorized capacity and that by (her /his) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hated and official seal. Sign3turc nTAT ±nn nrnA nn•n� __ 900�t00 � no,rfn -te 14:32 From-SCE 7142340837 7 -516 P.05/06 F -033 EIi33OJu AaTOTF.JCT ENTRY NOT DEi11 P. EASEMENTSerial No. Error! AuteText entry not defined. Page 4 OPTIONAL CLAUSES 1. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison's right of way and /or rendered immobile. 2. Grantee agrees cc provide twenty (20) -foot commercial type driveway(s) with curb depression(s) capable of supporting (tonsl) tons orb a three -axle truck at (such /a) locationo specified by the Grantor. 3_ Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 4. in case of a suit to enforce any terms, covenants or conditions of this Easement, Grantee agrees to pay Grantor in addition to any other recovery or relief for which Grantor may be entitled, a reasonable atcomey's fee to be fixed and allowed by the Court. 5. Any notice provided herein to be given by either parry hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to said other party at its principal place of business. S. Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any facilities, structures or equipment located by Grantee in the underground of the above described real property. 7. Any underground facilittes shall be buried in the ground so that the tops thereof shall be not less than p feet below the surface of the ground, shall be capable of supporting three -axle vehicles weighing up to forty (30) tons, And shall be of such type of construction and material. as to be sufficient and safe for the purpose for which they are to be used. S. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water - settle such earth so that no depressions shall be left or shall develop to the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as =ear its original condition and appearance as possible. 9. Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150 9/6) of its maximum operating pressure. 10. Upon the termination or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said , but if it should fail to do so within sixty (60) days after such termination. Grantor may do so at the risk of Grantee, and all cost and expense of such removal, together with interest thereon at the rate of ten percent (10%) per annum shall be paid by Grantee upon demand. 11. Grantee agrees to install one (1) sixteen- foot -wide double -drive gate at a location specMLd by Grantor. 12. Grantee agrees that all fencing and metallic structures installed within the above described real property shall be adequately grounded. , 13. Grantee agrees that no additional structures will be installed on the above described real property. 14. Grantee agrees that the construction of the must be adequately sloped, so as to provide Grantor through access across the above described real property. rtov -it -H9 14:32 From -SCE 7149340637 T -516 P.06 /06 F -033 ZRRORI AUTO EXT ENTRY NOT DEF=W. EASEMENfSerial No. Essasi Aur*Text entry net defined. Page 5 15. Grantee agrees not to store flammable maicrials nor store or oa the above described real propeM- 15. Any trees or plants u+ithin the above described real property shall be maintained by Grantee and shall not exceed a height of 15 feet 17. Grantee agrees that during any period of construction activity, it will periodically water down the construction area within the above described real property, so as to prevent dust contamination of Grantor's facilities. 18. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gender or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall inure to the benefit of and arc binding upon the heirs, successors, representatives and assigns of the parties hereto. �, L a6.'3l \3 905; OTRT 7nC OTC-0- 900 /900Q( EXHIBIT F FORM OF INGRESS AND EGRESS EASEMENT When Recorded Mail To: City of El Segundo Attn: City Clerk 350 Main Street El Segundo, California 90245 Reciprocal Ingress and Egress Easements For a valuable consideration, receipt of which is hereby acknowledged, Southern California Edison Company, hereby grants to the City of El Segundo a perpetual easement for purposes of emergency vehicle ingress and egress over and across the property described as follows: [legal description of servient tenement] For valuable consideration, receipt of which is hereby acknowledged, City of El Segundo, hereby grants the Southern California Edison Company, a perpetual easement for purposes of ingress and egress over and across the property described as follows: [legal description of servient tenement] Revised 11/14/99 ES -SCE Agreement November 14 clean.doc FORM OF TEMPORARY ENTRY PERMIT Permission is given to PURPOSE: TEMPORARY ENTRY PERMIT to enter upon Edison's property located TERM: Commencing Ending SUBJECT TO: Licenses from Southern California Edison and all other licenses, covenants, conditions, restrictions, reservations, rights and easements whether of record or not. INDEMNIFICATION/INSURANCE: Permittee agrees, for itself, and for its and their agents and employees and any person or persons claiming under the Permittee, to save harmless and indemnify Edison, its successors and assigns, and its and their officers, agents, employees, tenants, licensees and Permittees from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability arising or growing out of loss of or damage to property including the property of Edison; its successors and assigns, and its and their officers, agents, employees, tenants, licensees, and Penmittees or injury to or death of persons resulting in any manner, directly or indirectly, from the maintenance, use, operation, repair or presence of said use. Permittee further agrees to insure its liabilities which may arise from its activities hereunder by the purchase of a liability insurance policy with a Combined Single Limit of not less than $1,000,000 Dollars. If Permittee is self insured, Permittee shall provide Edison with adequate proof of self insurance. WARRANTY: It is expressly understood and agreed that Permittee takes the premises as is, and that Edison makes no representation, covenant, warranty or promise that the said premises are fit for any particular use which this agreement was entered into and Permittee has not relied on any such representation, covenant, warranty or promise. FEE: None. ASSIGNMENT: This permit is for the sole use and privilege of Permittee and cannot be assigned or transferred. Any attempt to do so may render this permit voidable at Edison's discretion. TERMINATION: Subject to the terms of the Agreement, this permit is revocable and the Permittee agrees to peaceably surrender the premises upon written or oral demand by Edison or its authorized representative. AUTHORITY: This permit is issued subject to General Order No. 69 —C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated herein by this reference. Permittee agrees to comply with all applicable federal, state, and local laws and regulations. RESTRICTIONS: 1. Permittee agrees that any equipment used on the subject property shall be used so as to maintain a minimum clearance of twenty five ( 25 ) feet from all Edison structures and a minimum clearance of twenty five (25) feet from all overhead electrical conductors located on said property. 2. Permittee shall provide Edison with adequate access to all of Edison's facilities and at no time is there to be any interference with the free movement of Edison's equipment and materials. 3. Permittee will not park, repair or refuel, or permit to be, parked, repaired or refueled, any vehicles or mechanized equipment within the assigned area. 4. Permittee agrees to lock or close any fences or gates at end of work day and during nonuse of the property. Revised 11/14/99 ES -SCE Agreement November 14 clean.doc 5. Upon termination of this permit the Permittee agrees to restore the premises to a condition as close as possible to that when they entered upon said property. 6. No buildings, structures, or accumulation of flammable or combustible materials or explosives shall be permitted on said property. 7. Permittee shall not engage in, or permit any other party to engage in, any activity on the Premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste ( "Hazardous Materials "). Permittee shall comply with all applicable federal, state, and local laws, rules, and regulations pertaining to disclosure of Hazardous Materials. Permittee shall comply with all applicable federal, state, or local laws, rules, and regulations pertaining to the storage and/or discharge of Hazardous Materials. Permittee shall indemnify and hold Edison, its directors, officers, agents and employees and its successors and assigns harmless from any and all claims, loss, damage, actions, causes of actions, expenses and/or liability arising from leaks of, spills of, releases of, and/or contamination by or from Hazardous Materials as defined by applicable laws, rules or regulations, which arise during or after the Permit teen, and are attributable to the actions of, or failure to act by, Permittee or any person claiming under Permittee. 8. In recent years there have been numerous scientific studies about the effects of power frequency (60 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. Edison would like to share with the Permittee the balanced information or literature Edison has about EMF, if said prospective Permittee is interested. Should Permittee wish, brochures will be made available, upon request, that explain some facts about EMF and that outline Edison's policy in this area. Permittee agrees to advise Edison if they have any questions or require additional information. 9. Permittee, their contractors, and employees must have in their possession at all times a copy of this Temporary Entry Permit while on the premises. Special Conditions: I have read and understand and agree to comply with SOUTHERN CALIFORNIA all of the above conditions. E D I S O N An EDISON INTERNATIONAL Company Signature of Permittee Agent's Name Agent's Title Address Corporate Real Estate City, CA Real Estate Revenue Division 100 N. Long Beach Blvd., Suite 1004 Telephone( ) Long Beach, CA 90802 Date: Date: SCE 22 -20 Rev 7/92 Metropolitan Transmission Area Approved: REVISED: 11/14/99 ES -SCE Agreement November 14 clean.doc