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
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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.
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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.
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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
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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
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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
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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,
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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
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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
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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