ORDINANCE 1331ORDINANCE NO. 1331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT
NO. 00 -2 AND APPROVING GENERAL PLAN AMENDMENT NO. 00 -2,
FOR CONSTRUCTION OF A NEW OFFICE BUILDING AT 888 NORTH
SEPULVEDA BOULEVARD. PETITIONED BY: LEGACY PARTNERS.
WHEREAS, a Development Agreement (DA No. 00 -2) and General Plan Amendment (GPA No.
00 -2) application have been received from Legacy Partners, which requests approval to demolish a
vacant office building and construct a new office building at 888 North Sepulveda Boulevard in the
Corporate Office (CO) Zone; and,
WHEREAS, an Initial Study was prepared pursuant to the requirements of the California
Environmental Quality Act ( "CEQA" ), Cal. Public Resources Code Section 21000 et seo. The Initial Study
demonstrated that the project would not cause any environmental impacts that cannot be mitigated to a
level of insignificance. Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and
circulated for public review and comment between January 18 and February 7, 2001; and,
WHEREAS, the Planning Commission has reviewed the application 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 3805) and adopted Resolution No. 2496 recommending approval of a Mitigated Declaration
of Environmental Impacts for the proposed project; and,
WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of El Segundo
on February 8 and 22, 2001, duly advertised public hearings were held on this 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 the Planning Commission adopted Resolution No. 2497
recommending approval of the Development Agreement No,. 00 -2, with modifications; and,
WHEREAS, on March 6. 2001, 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 No. 535, Development Agreement No. 00 -2; and General Plan Amendment
No. 00 -2; and,
WHEREAS, at said hearing the following facts were established:
The proposed project is a ten -year Development Agreement (DA No. 00 -2) between the City of
El Segundo and W9 /SEP Real Estate Limited Partnership for demolition of an existing vacant 12-
story 140,000 square foot office building and construction of a new six -story 120,610 square foot
office building in its place.
ORDINANCE NO. 1331
APPROVING EA -535 and DA-60-2
2/26/01 PAGE NO. 1
2. An existing temporary airport park- and -ride business located in the parking structure at 892 North
Sepulveda Boulevard would be permanently discontinued. The airport park- and -ride use was
approved through Environmental Assessment No. 356 and Administrative Use Permit (AUP) No.
94 -6 in 1994. The AUP allowed the airport park- and -ride use as an interim use of the 817 spaces
in the parking structure while the two office buildings at 888 and 898 North Sepulveda Boulevard
were vacant. The AUP requires that once these buildings become occupied, the airport park -and-
ride operation would have to be discontinued, since the parking structure would once again be
required to meet the parking requirements for the two office buildings.
3. The size of the required loading spaces would be reduced from 13 feet in width by 50 feet in
length to 13 feet in width by 30 feet in length.
4. A General Plan Amendment is proposed to permit the proposed office building to establish a floor
area ratio (FAR) for the project of 1.086:1, which is greater than the maximum 0.8:1 FAR
permitted in the Corporate Office land use designation.
5. The Planning Commission recommended reducing the maximum size of the proposed building to
a maximum of 88,862 net square feet, which would be the maximum allowed under the current
0.8:1 FAR in the Corporate Office land use designation.
NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented
at the public hearings, and study of proposed Environmental Assessment No. 535 and Development
Agreement No. 00 -2, and General Plan Amendment No. 00 -2, the City Council makes the following
findings approving Development Agreement No. 00 -2 and approving General Plan Amendment No. 00 -2:
ENVIRONMENTAL ASSESSMENT
On March 6, 2001, the City Council adopted Resolution No. 4205, approving a Mitigated Negative
Declaration of environmental impacts for the proposed project.
GENERAL PLAN AND ZONING CONSISTENCY
1. Since the revised draft development agreement would reduce the size of the proposed office
building, the density of the proposed project would be consistent with intention of reducing FARs
as contemplated by the current General Plan.
2. The Land Use Element of the General Plan, specifically, the Corporate Office Land Use
designation sections set forth on pages 3 -7, is hereby amended to add the following sentence: A
maximum FAR of 1.086 is permitted for the property commonly referred to as 888 North
Sepulveda boulevard (Assessor's Parcel Number 4138 - 005 -055), pursuant to Development
Agreement No. 00 -02 (Ordinance 1331, GPA 00 -2, 3/20/01).
DEVELOPMENT AGREEMENT
1. The revised draft Development Agreement is consistent with the goals, policies, and objectives of
the General Plan because the Development Agreement would provide public benefits
(replacement of an obsolete building) in exchange for valuable development rights (ten -year
entitlement).
ORDINANCE NO. 1331
APPROVING EA -535 and DA 00 -2
2/26/01 PAGE NO. 2
2. The project is in conformity with the public convenience, general welfare and good land use
practice, because the Development Agreement proposes a project which would reduce the current
FAR on the site and otherwise be consistent with the development standards in the Corporate
Office Zone and would require the elimination of a temporary airport park- and -ride operation upon
project occupancy.
3. The project will not be detrimental to the health, safety and general welfare. The Initial Study
concluded that there would be no environmental impacts associated with the project that could not
be mitigated to a level of insignificance. Therefore, the location of the use and conditions under
which it would operate would not be detrimental or materially injurious to properties or
improvements in the vicinity.
NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Development
Agreement No. 00 -2, with modifications, subject to the following conditions:
1. Prior to issuance of a building permit, the applicant shall submit plans, which indicate that the
project is in substantial conformance with plans and conditions approved and on file with the
Department of Community, Economic and Development Services. Any subsequent modification
to the project as approved shall be referred to the Director of Community, Economic and
Development Services for a determination regarding the need for Planning Commission review
of the proposed modification.
2. Prior to the issuance of a building permit, the Development Agreement shall be recorded with the
Los Angeles County Registrar /recorder.
3. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services
Mitigation Fee of $0.03 per gross square foot of building floor area for either renovation or
reconstruction.
4. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services
Mitigation Fee of $0.14 per gross square foot of building floor area for either renovation or
reconstruction.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services
Mitigation Fee of $0.11 per gross square foot of building floor area for either renovation or
reconstruction.
6. Prior to approval of the building plans, the applicant shall submit plans which demonstrate
conformance with the elements outlined in the memo from the Police Department, dated January
29, 2001, which is 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.
7. Prior to approval of the building plans, the applicant shall submit a Fire /Life Safety Plan to the Fire
Chief which includes, but is not limited to, the following:
A. Fire protection systems, including sprinklers, standpipes, and fire alarm systems;
B. Fire lane signage and accessibility;
ORDINANCE NO. 1331
APPROVING EA -535 and DA 00 -2
2/26/01 PAGE NO. 3
C. Fire mains and hydrants; and,
D. High rise fire systems for buildings in excess of 55 feet in height
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.
8. The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane
access easements, or any such easements or agreements required.
9. A Landscaping and irrigation Plan shall be submitted by the applicant to the Director of
Community, Economic and Development Services, Director of Recreation and Parks, and Police
Chief prior to approval of the building plans. Any new landscaped areas shall be provided with a
permanent automatic watering or irrigation system and shall be permanently maintained in a neat
and clean manner. The applicant, 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 Community, Economic and Development Services, Director of Recreation and Parks,
and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a
Certificate of Occupancy.
10. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan
to ensure compatibility with the surrounding area, 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 Community, Economic and Development Services and Police Chief and all signs shall be
installed per the approved plan prior to issuance of a Certificate of Occupancy.
11. 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 applicant and reviewed and approved by the Director of Community, Economic
and Development Services prior to installation.
12. All work within the City public right -of -way shall be in accordance with the latest edition of the
Standard Specifications for Public Works Construction and City of El Segundo Standard
Specifications. No work shall be performed in the public right -of -way without first obtaining a Public
Works permit.
13. All work within the Sepulveda Boulevard Caltrans public right -of -way shall be in accordance with
Caltrans standard specifications. No work shall be performed in the Sepulveda Boulevard public
right -of -way without first obtaining a Caltrans permit.
14. 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 applicant 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.
15. 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 cubic yards. Demolition and grading may be listed on one encroachment
ORDINANCE NO. 1331
APPROVING EA -535 and DA 00 -2
2/26/01 PAGE NO. 4
permit.
16. 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 Community, Economic and Development
Services and the Police Chief. Plans shall also indicate that the trash area will incorporate
adequate space for the collection of recyclable materials.
17. If new sewer laterals are required and constructed in the public right -of -way, they shall be a
minimum of six inches inside diameter. Material shall be "vitreous clay pipe ". Each lateral shall
have a six -inch clean -out brought to grade at the property line and securely capped. A B9 size box
shall be placed around the clean -out for protection. The box shall have a cover emblazoned with
the word "sewer". If in a traffic area, cover shall be traffic approved. All planned sewer connections
shall be checked for elevation prior to starting construction. Existing sewer laterals shall be
plugged at the sewer mainline and capped at the property line. Existing six -inch wyes may be
reused if approved by the Director of Public Works.
18. 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.
19. 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.
20. Should any previously unrecorded archeological or cultural resources be encountered during
construction of the project, all work will be stopped and the Department of Community, Economic
and Development Services will be notified immediately. At the applicant'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 Community, Economic and Development Services prior to the
commencement of work.
21. The applicant 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.
22. 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.
ORDINANCE NO. Vol-41
APPROVING EA -535 and DA
2/26/01 PAGE NO. 5
23. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and
appointed officials, officers, agents and employees from and against any and all claims, actions,
causes of action, proceedings or suits which challenge or attack the validity of the City's approval
of Environmental Assessment No. EA -535 and Development Agreement No. 00 -2.
SECTION 1. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after
the final passage and adoption hereof.
SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the
same to be entered in the book of original ordinances of said City; 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.
PASSED, APPROVED AND ADOPTED thi 20th day of March. 2001.
Mike Gordon, Mayor
ORDINANCE NO. 1331
APPROVING EA -535 and DA O0 -2
2/26/01 PAGE NO. 6
W10*171
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. 131 was duly
introduced by said City Council at a regular meeting held on the 6th day of March, 2001, 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 201h day of March, 2001, and the same was so
passed and adopted by the following vote:
AYES: Gordon, Jacobs, McDowell, Wernick
NOES: None
ABSENT: Gaines
ABSTA � None
in Mortes , ity Cldrk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ORDINANCE NO. 1331
APPROVING EA -535 and DA-60-2
2/26/01 PAGE NO.7