ORDINANCE 1382ORDINANCE NO. 1382
AN ORDINANCE REGARDING AN APPLICATION FROM MAR
VENTURES, INC. AND THE CITY OF EL SEGUNDO APPROVING
DEVELOPMENT AGREEMENT NO. 03 -1, ZONE CHANGE NO. 03 -2 &
03 -3, ZONE TEXT AMENDMENT NO. 04 -1 ADDING CHAPTER 15 -5G
AND AMENDING SECTIONS 15 -3 -1 AND 15 -15 -6 OF THE EL
SEGUNDO MUNICIPAL CODE, AND SUBDIVISION NO. 03 -7 (VESTING
TENTATIVE TRACT NO. 061630) FOR THE SEPULVEDA/ROSECRANS
SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT
(REDUCED TRAFFIC GENERATION ALTERNATIVES).
The City Council of the City of El Segundo does ordain as follows
SECTION 1 The City Council finds and declares that
A On November 17, 2003, Mar Ventures, Inc filed an application for an
Environmental Assessment (EA -631), General Plan Amendment (GPA
No 03-4), Zone Change (ZC No 03 -2) and Subdivision (SUB 03 -7,
Vesting Tentative Tract Map No 061630) to redesignate and rezone an
approximately 54 9 -acre property at the northeast corner of Sepulveda
Boulevard and Rosecrans Avenue On June 28, 2004 and July 26, 2004,
Mar Ventures, Inc filed additional applications requesting a Zone Text
Amendment (ZTA No 04 -2) and Development Agreement (DA No 03 -1)
If these matters are approved, the applicant proposes to develop a
425,000 square foot shopping center, known as Plaza El Segundo,
B On November 13, 2003, the City of El Segundo filed an application for a
General Plan Amendment (GPA No 03 -5) and Zone Change (ZC No 03-
3) to redesignate and rezoning an approximately 30 -acre property at the
northeast corner of Sepulveda Boulevard and Rosecrans Avenue from
Heavy Industrial (M -2) to Commercial Center (C -4). On April 26, 2004, the
City of El Segundo filed an application requesting a Zone Text
Amendment (ZTA No 04 -1) to amend the El Segundo Municipal Code
C The applications from Mar Ventures, Inc and the City of El Segundo were
reviewed by the City's Planning and Budding Safety Department for, in
part, consistency with the General Plan and conformity with the El
Segundo Municipal Code ( "ESMC "),
D In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal
Code of Regulations § §15000, et seq , the "CEQA Guidelines "),
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E An Initial Study was prepared pursuant to the requirements of CEQA. The
Initial Study demonstrated that the project could cause significant
environmental impacts Accordingly, a Draft Program /Project
Environmental Impact Report ( "DEIR ") was prepared and circulated for
public review and comment between October 5, 2004 and November 19,
2004,
F The Planning and Budding Safety Department completed its review and
scheduled a special public hearing regarding the application before the
Planning Commission for November 15, 2004,
G On November 15, 2004 the Commission held a special public hearing to
receive public testimony and other evidence regarding the applications
including, without limitation, information provided to the Commission by
City Staff, public testimony, and representatives of Mar Ventures, Inc ; and
continued the public hearing to December 15, 2004,
H On December 15, 2004, the Planning Commission held the continued
public hearing and adopted Resolution No 2575 recommending City
Council approval of Environmental Assessment No 631, Development
Agreement No 03 -1, General Plan Amendment No 03-4 & 03 -5, Zone
Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and
Subdivision No 03 -7 (Vesting Tentative Tract No 061630),
On February 15, 2005 the City Council held a public hearing and
considered the information provided by City staff, public testimony and
Mar Ventures, Inc,
J On March 1, 2005 the City Council introduced Ordinance No 1382
approving Development Agreement No 03 -1, Zone Change No 03 -2 &
03 -3, Zone Text Amendment No 04 -1 and Subdivision No 03 -7 (Vesting
Tentative Tract No 061630) for the Sepulveda /Rosecrans Site Rezoning
and Plaza El Segundo Development (Reduced Traffic Generation
Alternatives),
K This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its February 15, 2005 hearing
including, without limitation, the staff report submitted by the Planning and
Budding Safety Department
SECTION 2 Factual Findings The City Council finds that the following facts exist
A The approximately 110 -acre irregularly shaped subject property is located
in the southern portion of the City of El Segundo The site is comprised of
13 separate parcels of varying sizes, ranging from 1 8 acres to 29.2 acres.
The entire subject property is roughly bounded by Hughes Way to the
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north, Douglas Street to the east, Rosecrans Avenue to the south, and
Sepulveda Boulevard to the west
B The majority of the site was historically devoted to industrial chemical
manufacturing facilities Honeywell International, Inc and General
Chemical, and their predecessors in interest, had operational facilities on
the site until 2003 At that time the facilities were closed and demolished
for resale and reuse Remediation activities for on -site sod contamination
has also commenced on the Honeywell International property
C A 7 -acre portion of the site along Rosecrans Avenue is currently used by
Air Products Inc for the production of industrial gases Air Products also
owns an 8 9 -acre vacant parcel of land in the interior of the project site
D Other current uses of the project site include a lumber yard operated by
Learned Lumber on land leased from the Los Angeles County
Metropolitan Transportation Authority (MTA) at the east end of the project
site Foundation remains from a brass foundry budding are located in the
north east end of the project site on a portion of an 11 -acre property
owned by H Kramer & Company Additionally, the elevated Metro Green
Line light rail traverses the property in a north -south alignment near the
east end of the project site
E The proposed redesignation and rezoning of the Sepulveda /Rosecrans
Site Rezoning would change the General Plan land use designation of
approximately 85 8 gross acres of the 110 -acre subject property to a new
Commercial Center designation and rezone the area to a new Commercial
Center (C -4) Zone
F As applied to the whole of the Sepulveda /Rosecrans Site Rezoning, the
proposed Commercial Center land use designation and C -4 zoning would
permit up to 850,000 square feet of commercial shopping center
development within approximately 85.8 -acre site. The proposed FAR for
the Commercial Center land use designation is 0 275 1
G The existing lumber distribution use (Learned Lumber) that is presently
located within the Sepulveda /Rosecrans Rezoning Site would also retain
its current Light Industrial (M -1) zoning classification The land on which
the lumber yard sits is expected to be reconfigured in the future to
accommodate the realignment of the Burlington Northern Santa Fe
railroad tracks It is anticipated that the size of the lumber yard will remain
comparable to today
H As part of the Sepulveda /Rosecrans Site Rezoning the Air Products facility
may also relocate to a new smaller facility on the portion of the project site
that will remain zoned Heavy Industrial (M -2)
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The Sepulveda /Rosecrans Site Rezoning project anticipates possible
expansion of an existing recreational vehicle (RV) storage facility located
on H Kramer & Company property within the boundaries of the
Sepulveda /Rosecrans Site Rezoning project area
J The applicants are not requesting entitlements for 66 7 gross acres that
are part of the Sepulveda /Rosecrans Site Rezoning, but not included with
the proposed Plaza El Segundo development The Program DEIR
identifies the additional environmental evaluation required for developing
those 66 7 acres
K The proposed Plaza El Segundo would be constructed on approximately
43 3 gross acres within the Sepulveda /Rosecrans Site Rezoning and
would implement the new C-4 zoning on that portion of the site The
proposed Plaza El Segundo would be located on approximately 37 3
gross acres located north of the Union Pacific Railroad tracks and
approximately 4 7 gross acres located immediately at the northeast corner
of Sepulveda Boulevard and Rosecrans Avenue
L The proposed Plaza El Segundo project is a shopping center of up to
425,000 square feet The shopping center would contain large retail
stores, specialty retail, and other uses which could include a spa, and a
variety of sit -down restaurants and fast food restaurants The types of
retail tenant categories could include a Whole Foods grocery store, home
improvement, department store, electronics and appliances, home
furnishings, pet supply, books, soft goods and sporting goods.
M The proposed shopping center would consist of several one- and two -
story buildings with a maximum height of 65 feet All development within
the proposed Plaza El Segundo would conform to the C -4 development
standards
N The proposed FAR for this development would be 0 2756 1 based on
425,000 square feet of development on 38 1 net acres The proposed
subdivision of the Plaza El Segundo site would include 20 parcels These
parcels would range from 0 5 to 5 5 acres in size As a result, FARs on
individual parcels may range from approximately 0 00 1 to 0 49 1
O Under the proposed Sepulveda /Rosecrans Site Rezoning Reduced Traffic
Generation Alternative, the standards of the proposed C-4 zone would be
modified to limit the mix of land uses permitted within the 70 8 net acre
portion of the proposed Sepulveda /Rosecrans Rezoning Site that would
be redesignated in the General Plan for Commercial Center use and
rezoned to Commercial Center (C-4) in order to reduce total traffic
generation from the Site Total permitted square footage within the
13
proposed Sepulveda /Rosecrans Rezoning Site would remain the same
(850,000 total square feet), but the mix of uses would be limited to the
following 590,000 square feet of shopping center, 185,000 square feet of
large scale retail, 50,000 square feet of grocery store, 10,000 square feet
of fast food restaurants, and 15,000 square feet of sit -down restaurants
Total traffic generation under this alternative would be reduced by
approximately 11 7% in the p m peak hour and approximately 8 8% on a
daily basis All other components of the proposed Sepulveda /Rosecrans
Site Rezoning, including the construction of new roadways, relocation of
railroad rights -of -way, and stormwater retention basin would remain the
same as the proposed Sepulveda /Rosecrans Site Rezoning under this
alternative
P Under the Plaza El Segundo Reduced Traffic Generation Alternative, the
Plaza El Segundo Development site boundaries and total proposed
square footage would remain the same (425,000 square feet), but the mix
of uses within the proposed Plaza El Segundo Development would be
modified to result in an approximately 17 % reduction in p m. peak hour
traffic generation and an approximately 13% reduction in daily traffic
generation The mix of uses that would be contained within the proposed
Plaza El Segundo Development under the Reduced Traffic Generation
Alternative would include 165,000 square feet of shopping center,
185,000 square feet of large scale retail, a 50,000 square -foot grocery
store, 10,000 square feet of fast food restaurants, and 15,000 square feet
of sit -down restaurants. The proposed land uses and density would be
within the requirements of the proposed C -4 zone All other components
of the proposed Plaza El Segundo Development, including the
construction of new roadways (Park Place east of Sepulveda Boulevard
and Allied Way within the Plaza El Segundo site) and storm water
retention basin would remain the same as the proposed Plaza El Segundo
Development under this alternative
Q The proposed C -4 Zone would provide for the transfer of density rights
within the development area to insure that the overall density of the site is
consistent with the C -4 Zoning Any donor parcels for FAR purposes will
have covenants recorded stating the maximum FAR permitted on the
parcel
R The full buddout of the Sepulveda /Rosecrans Site Rezoning includes an
extension of Park Place (a four -lane east -west street) from its current
terminus at Nash Street that would connect to Sepulveda Boulevard The
roadway extension would include a signalized intersection at Sepulveda
Boulevard south of Hughes Way The roadway would also include a grade
separation structure to allow the roadway to pass beneath the Union
Pacific Railroad and realigned Burlington Northern Santa Fe Railroad
tracks that bisect the project site
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S Primary ingress and egress to the proposed Plaza El Segundo would be
provided from Sepulveda Boulevard via a new traffic signal halfway
between Hughes Way and Rosecrans Avenue The eastern leg of this
intersection will be served by the new east -west Park Place roadway
extension, constructed to El Segundo roadway standards consistent with
the adopted Circulation Element
T A second new roadway extension would be constructed to roadway
standards consistent with the Circulation Element of the City's General
Plan in a north -south alignment to connect the new segment of Park Place
to Hughes Way via Allied Way, which presently terminates at the northern
boundary of the Sepulveda /Rosecrans Rezoning Site.
U The Plaza El Segundo portion of the Sepulveda /Rosecrans Site Rezoning
is proposed to be constructed as one phase Construction is expected to
commence in 2005 and to be completed in 2007
V An interim on -site stormwater retention pond would be constructed within
the proposed Plaza El Segundo site to retain storm water runoff Portions
of an existing 42 -inch reclaimed water line that crosses the site from north
to south approximately 5 to 7 feet below the existing ground surface may
be relocated The proposed Plaza El Segundo would connect into the
existing water and sewer lines
W Parking for the Plaza El Segundo portion of the Sepulveda/ Rosecrans
Site Rezoning is proposed to be located in surface parking lots that will
surround the proposed shopping center buildings Based on a total of
425,000 square feet, including 400,000 square feet of commercial /retail
space and 25,000 square feet of restaurant floor area in the Plaza El
Segundo development as described in the Environmental Impact Report,
1,363 parking spaces are required The developer proposes to provide
2,164 parking spaces, which exceeds the City's parking requirements
SECTION 3 Zone Change Findings Based on the factual findings of this Ordinance,
the proposed Zone Change is necessary to carry out the proposed protect because the
proposed General Plan Amendment would change the land use classification on
portions of the project site from Heavy Industrial to Commercial Center The proposed
Zone Change is necessary to maintain consistency with the proposed General Plan
land uses designation of Commercial Center
SECTION 4 Zone Text Amendment Findings Based on the factual findings of this
Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed
project to create the proposed Commercial Center (C-4) Zone, which would allow
commercial development of the project site Without an amendment to the ESMC, the
current zoning would not permit commercial development An amendment to add
Chapter 5 -5G to the ESMC is necessary for consistency with the General Plan
Fes
Additionally, ESMC § 15 -15 -6 is proposed to be revised to establish loading area
development standards for the proposed C-4 Zone. An amendment to ESMC § 15 -3 -1
to list the C -4 as a zoning classification within the City is necessary for consistency with
the General Plan
SECTION 5 Development Agreement Findings. The project approved as part of the
Development Agreement would be as generally described in Section 2 above Pursuant
to City Council Resolution No 3268, adopted June 26, 1984, the City Council finds that
A The project is consistent with the objectives, policies, general land uses,
and programs specified in the general plan and any applicable specific
plan The Development Agreement would provide the following public
benefits, in addition to the other rights and benefits flowing to the City
through the Agreement, in exchange for valuable development rights
(eight -year entitlement)
1 Development of a property that is currently vacant and
underutilized
2 The project would facilitate the environmental remediation of
existing subsurface sod and groundwater contamination on and
around the property associated with the previous use of the project
site
3 Re- designation and rezoning of industrial property for more
productive commercial uses
4 Elimination of blighted areas and providing an attractive urban
destination.
5 Increasing and further stabilizing the City's tax base through
development of new commercial businesses.
6 Providing both short-term construction employment and long -term
employment (approximately 952 jobs would be associated with the
Plaza El Segundo Development) within the City of El Segundo
7 Increase in employment opportunities for the City's residents
8 The Plaza El Segundo Development will add to the diversification of
the economic base in the City by providing for new larger format
retail uses and services that do not currently exist in the City
9 The development will provide significant fiscal benefit to the City by
generating additional business license and sales tax revenue for
the City's General Fund
10 Increasing City revenues through the generation of taxes that
outweigh the City cost of services
11 The Plaza El Segundo Development is estimated to generate an
annual net fiscal benefit (revenues versus City expenses) that
would range from approximately $1,082,049 to $1,611,424 in the
first year of operation, rising to a range of approximately
$1,307,922 to $1,958,987 in the eighth year of operation
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12 The Sepulveda /Rosecrans Site Rezoning is immediately adjacent
to the 2,000,000 square -foot Continental Park office development,
the 2,000,000 square -foot Raytheon campus, and other office
buildings along the Rosecrans Avenue commercial corridor The
proposed project will provide additional retail uses and services to
these employment centers
13 Development of a project that is consistent with the Elements of the
General Plan as set forth in Resolution No 4415
14 The project would provide a comprehensive and coordinated
design of the entire project site, including landscape amenities to
substantially improve the aesthetic appearance of the site and the
surrounding area
15 The project would reduce the maximum permitted floor area ratio
on the property from 0 6.1 to 0 275 1
16 Funding planned on -site and off -site Circulation Element
improvements, including new and widened roadways, intersections,
signals, medians and landscaping in the project vicinity at no cost
to the City
17 The protect will include the construction of two new roadways (Park
Place and Allied Way extensions) that will further the City's goal of
implementing the 2004 Circulation Element Master Plan of Streets
and improving the circulation system in the southeast quadrant of
the City
18 The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo
Development will include the widening of Sepulveda Boulevard on
the east side of the street to provide acceleration and deceleration
lanes to serve the project and widening a portion of the north side
of Rosecrans Avenue to provide a dedicated right -turn lane The
developer will dedicate property for the lane widening providing a
public benefit to the entire City
19 Expansion of the planned ITS network that will increase its
effectiveness in relieving congestion
20 Contribution of $1,500,000 to City aquatic- related recreational uses
21 Contribution of $250,000 to enhance, promote, and maintain the
public improvements adjacent to businesses and property owners
in the Downtown Specific Plan area of El Segundo
22 Contribution of approximately $250,000 in traffic impact mitigation
fees to offset the impacts of the project on public roadway
infrastructure.
23 Contribution of approximately $119,000 in police, fire, and library,
mitigation fees to offset the impacts of the project on public
services
B The project is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located
The proposed project includes a new land use designation and zoning
IN
classification, which establishes the permitted uses and development
standards that would apply to the project. These uses and development
standards are similar and compatible with the other commercially zoned
districts in the City
C The project is in conformity with the public convenience, general welfare
and good land use practice The proposed reduced project permits a lower
floor area ratio than allowed under the current M -2 zoning (0 275 1 vs
0 6 1) The project would facilitate constructing public roadways, through
the dedication of land The project would also be designed to support and
encourage public transportation uses and contribute to the continued
diversification of the southeast quadrant of the City by providing a broad
range of commercial uses
D The project, taken as a whole, will not be detrimental to the health, safety
and general welfare, but rather will promote the health, safety and general
welfare of the City The proposed project will not create any negative
environmental impacts, with the exception of traffic, operational and
temporary construction related air quality, and temporary construction -
related noise impacts, and cumulative solid waste and traffic impacts The
City Council has determined that there are overriding considerations,
which outweigh the identified unavoidable environmental consequences of
the project
E The project will not adversely affect the orderly development of property or
the preservation of property values The proposed C-4 development
standards and development agreement will ensure that the project will be
developed in an orderly fashion All mitigation measures will be
implemented at the time and place impacts occur
F The protect would also be designed to support and encourage public
transportation uses and contribute to the continued diversification of the
southeast quadrant of the City.
SECTION 6 Subdivision Findings
A The proposed Vesting Tentative Tract Map No 061630 is consistent with
applicable general and specific plans as specified in Government Code §§
65451 and 65454 Each proposed lot will be consistent with the minimum
lot size and minimum street frontage requirements proposed in the C-4
Zone All parcels will have frontage on a public street
B The design or improvement of the proposed subdivision is consistent with
the General Plan Each proposed lot would be consistent in size and lot
frontage with other parcels in the surrounding area
WE
C The site is physically suitable for the type of development The vacant
110 -acre Sepulveda /Rosecrans Rezoning site is generally flat with several
unlined natural depressions on the site The proposed project is physically
accessible by existing streets and the MTA Green Line
D The Sepulveda /Rosecrans Site Rezoning site is physically suitable for the
proposed density of development The floor area ratio of individual parcels
within the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El
Segundo development would not have cumulative densities exceeding
0 275.1, due to the requirement in the proposed C-4 zone that the overall
FAR not exceed an overall FAR of 0 275 1 This density is well within FAR
standards for commercial developments
E The design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat The proposed project is located in a
built out urban environment and poses no threat to fish or wildlife habitats
located on the project site Most of the project site was also previously
developed with heavy industrial uses from 1920 to 2003 The proposed
layout of the development does not contribute to the unavoidable
significant traffic and air quality impacts identified in the Draft EIR
F The design of the subdivision or type of improvements is not likely to
cause serious public health problems The size and shape of all lots will
protect public health. The proposed Park Place and Allied Way roadway
extensions to serve the subdivision will be designed to provide safe and
efficient vehicle and pedestrian movements throughout the project site
Subdivision improvements will be required to comply with the Americans
with Disabilities Act The Site is being remediated in accordance with
applicable federal and state regulations
G The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
property within the proposed subdivision The project applicant will
relocate or build over the 42 -inch reclaimed water easement on the
property The MTA aerial easement will not be disturbed by the design of
the proposed project
SECTION 7 Approvals. The City Council approves the following
A The City Council amends the current Zoning Map to reflect a change of
the area bounded by Hughes Way on the north, Douglas Street on the
east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the
west from Heavy Industrial to Commercial Center The corresponding
changes to the Zoning Map as set forth in attached Exhibit "A," which is
incorporated into this Ordinance by reference
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B The City Council adopts the Development Agreement by and between the
City of El Segundo, and Mar Ventures, Inc as set forth in attached Exhibit
"B," which is incorporated into this Ordinance by reference
C The City Council amends Section 1 of Chapter 3, Title 15, of the ESMC to
read as follows
15 -3 -1: DESIGNATION OF ZONE NAMES:
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
classes of use zones are by this title established, to be known as
follows
R -1
Single - family residential zone
R -2
Two - family residential zone
R -3
Multi - family residential zone
PRD
Planned residential development zone
C -RS
Downtown commercial zone
C -2
Neighborhood commercial zone
C -3
General commercial zone
C-4
Commercial center zone
CO
Corporate office zone
MU -N
Urban mixed -use north zone
MU -S
Urban mixed -use south zone
M -1
Light industrial zone
M -2
Heavy industrial zone
SIB
Small business zone
MM
Medium manufacturing zone
MDR
Medium density residential zone
GAC
Grand avenue commercial zone
MMO
Multimedia overlay district
O -S
Open space zone
P
Automobile parking zone
P -F
Public facilities zone"
D The City Council adds Article G to Chapter 5, Title 15, of the ESMC to
read as follows
"CHAPTER 5
COMMERCIAL ZONES
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ARTICLE G. COMMERCIAL CENTER (C-4) ZONE
15 -5G -1: PURPOSE
15 -5G -2: PERMITTED USES
15 -5G -3: PERMITTED ACCESSORY USES
15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT
15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT
15 -5": SITE DEVELOPMENT STANDARDS
15 -5G -7: LANDSCAPING
15 -5G -8: OFF - STREET PARKING AND LOADING SPACES
15 -5G -9: SIGNS
15 -5G -1: PURPOSE:
The purpose of this Zone is to provide consistency with and
implement policies affecting property designated as Commercial
Center on the General Plan Land Use Map and in the General Plan
text This Zone is intended to provide for developing commercial
establishments serving the City and surrounding area Regulations
are designed to promote and control growth of Commercial Center
projects such as retail and service uses
15 -5G -2: PERMITTED USES:
The following uses are permitted in the C -4 Zone
A. Fitness centers (indoors only).
B General offices not exceeding five thousand (5,000) square
feet
C Pet supplies and services including veterinary services
D Restaurants, coffee shops and cafes
E Retail sales uses (excluding off -site alcohol sales)
F Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 22 of this Title
15 -5G -3: PERMITTED ACCESSORY USES:
A Any use customarily incidental to a permitted use
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B Drive -thru or walk -up services, including financial operations,
but excluding drive -thru restaurants
C Open storage of commodities sold or utilized on the
premises
D Parking structures and surface parking lots
E Other similar uses approved by the Director of Planning and
Budding Safety, as provided by Chapter 22 of this Title.
15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT:
A. The on -site sale and consumption of alcohol at restaurants,
coffee shops, delicatessens, and cafes
B. Off -site sale of alcohol at retail establishments
C Video arcades with three (3) or fewer video or arcade
machines
D Other similar uses approved by the Director of Planning and
Budding Safety, as provided by Chapter 22 of this Title
15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT:
The following uses are allowed subject to obtaining a conditional
use permit, as provided by Chapter 23 of this Title
A On -site sale and consumption of alcohol at bars
B Video arcades with four (4) or more video or arcade
machines
C. Other similar uses approved by the Director of Planning and
Budding Safety, as provided by Chapter 22 of this Title
15 -5G -6: SITE DEVELOPMENT STANDARDS:
All uses in the C -4 Zone must comply with the development
standards contained in this Section
A General Provisions
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I All uses must be conducted within a fully enclosed
budding except.
a. Outdoor restaurants, cafes or seating areas,
complying with the provisions of Section 15 -2-
16 of this Title,
b Outdoor wholesale or retail activities
customarily conducted outdoors, including,
without limitation, lumber yards, nurseries, and
periodic outdoor sales, and,
c Outdoor recreational activities
2 Before the City approves any development project,
the project must meet all requirements of the
transportation demand management (TDM) and trip
reduction criteria as set forth in Chapter 16 of this
Title
3 Other provisions as set forth in Chapter 2 of this Title
B Lot Area A minimum of ten thousand (10,000) square feet
C Height
No budding or structure may exceed sixty -five (65') feet
L i
D Setbacks
1 Front Yard Twenty five feet (25') minimum
2 Side Yard Zero (0') minimum, unless one of the
following conditions exists
a If the side yard adjoins a dedicated street, at
least twenty five feet (25') must be provided,
and
b If the side yard abuts property with a different
classification, the side yard setback is the
average of the two (2) side yard setbacks, but
not less than ten feet (10')
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3 Rear Yard Fifteen feet (15') minimum unless one of
the following conditions exists
a If the rear yard adjoins an alley, dedicated
street, public right -of -way, or if the primary
access is through the rear yard, at least twenty
five feet (25') must be provided;
b If the rear yard adjoins a railroad right -of -way,
at least ten feet (10') must be provided, and,
c If the rear yard abuts property with a different
classification, the rear yard setback is the
average of the two (2) side yard setbacks, but
not less than ten feet (10')
Other
C -a I Alley or Street
Zone Zone
I —
C � C
i �C -4 Zone
ric-4 Other l "`} Zone
' Zone Zone 25'
' 0' 10' M m
Mm MI
L
N i
__ _ : __
ront
E lot Frontage
1 Each lot must provide a minimum frontage on a public
street of one hundred feet (100'), or,
2 Flag lots are permitted with a minimum stem width of
twenty feet (20') at a public street If the flag lot does
not provide physical access to a public street, a
permanent access easement must be provided from
the lot across any contiguous lot or lots which
conform with the minimum lot frontage requirement to
a public street The easement, and any proposed
modification to the easement, requires City review
and approval
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F Budding Area The total net floor area of all buildings may
not exceed the total net square footage of the property
multiplied by 0 275 or an FAR 0 275 1 However additional
FAR may be granted by the City pursuant to a Development
Agreement
i�I} r, yyI
J 'I AS �SIS�i �;tli4LS�ii
= 10,000 sf
F.A.R. = 0.275
Bldg, Area = 2,750 sf
G Transfer of Development Rights The transfer of
development density from one or more donor parcels to any
other receiving parcel or parcels is permitted within the C-4
Zone, provided that the requirements of this Section are met
1 Location of Transfer Parcels The donor and
receiving parcels must each be located entirely within
the C-4 Zone
2 Maximum Net Floor Area (NFA) for a receiving parcel.
The NFA on any receiving parcel increased in density
pursuant to this Section cannot exceed an FAR of 0 6
3 Reduced NFA for a donor Parcel The permitted NFA
on any donor parcel decreased in density pursuant to
this Section must be reduced by the amount of NFA
transferred to one or more receiving parcels
4 Budding Standards for Parcels All buildings must
comply with the budding standards of the C-4 Zone
5 A transfer of development rights may be initiated by a
person submitting a written application for a transfer
to the Planning and Budding Safety Department that
identifies the donor parcel(s), receiving parcel(s), the
amount of NFA proposed to be transferred, and the
proposed uses of the donor and receiving parcels
6 Review by the Director of Planning and Building
Safety The Director of Planning and Budding Safety
must approve, conditionally approve or deny a
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transfer plan at a public hearing The Director of
Planning and Building Safety must use the following
criteria in making a determination
a That the transfer meets the objectives of this
Title and the purposes of the C-4 Zone.
b That the proposed transfer will not be
detrimental to the public health, safety or
welfare, or materially injurious to properties or
improvements in the vicinity,
c That the proposed transfer complies with each
of the applicable provisions of this Chapter,
d That the proposed transfer recognizes and
compensates for potential impacts that could be
generated by the proposed transfer, such as
aesthetics, noise, smoke, dust, fumes, vibration,
odors, traffic and hazards, and,
e That the proposed transfer plan is consistent
with the General Plan
7 Notice and Hearing Upon filing of an application for a
transfer plan by a property owner or an applicant with
the consent of the owner, the Director of Planning and
Budding Safety must give public notice, as provided in
Chapter 27 of this Title of the intention to consider at
a public hearing the granting of a transfer plan
8 Appeal to Planning Commission The applicant or
any person affected by the Director of Planning and
Building Safety's decision respecting a transfer plan
can appeal that decision to the Planning Commission
pursuant to Chapter 25 of this Title
9 Appeal to City Council The applicant or any person
affected by the Planning Commission's decision
respecting a transfer plan can appeal the Planning
Commission's decision to the City Council pursuant to
Chapter 25 of this Title
10 Final Approval A transfer plan approved by the
Director of Planning and Building Safety, Planning
Commission and /or City Council becomes final upon
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the completion of all applicable conditions of approval
and the following
a. Legal Assurances A covenant or other
suitable, legally binding agreement in a form
approved by the City Attorney must be
recorded against the affected donor and
receiving parcels confirming the transfer of
NFA between /among parcels and setting forth
any conditions of approval imposed by the City
The covenant must be executed by all parties
that have a legal or equitable interest in the
affected donor and receiving parcels The
covenant must confirm that from the date of
recording of the covenant, the affected parcels
will be burdened by the covenant in perpetuity
and the covenant will run with the land and the
FAR for the donor parcel and receiving parcel
will be set in the covenant pursuant to the FAR
allowed at the time of approval of the transfer,
and
11 Removal /Modification The Director of Planning and
Building Safety may approve the removal or
modification of a covenant if the transfer has not been
entirely utilized by a receiving parcel or a different
parcel has been identified as a donor parcel The
legal and equitable owners of the affected parcels
must execute a removal or modification covenant in a
form approved by the City Attorney
H Walls And Fences Walls and fences must comply with the
location requirement of Chapter 2 of this Title A minimum
six -foot (6) high masonry wall must be provided along
property lines for those yards abutting residential zones A
six -foot (6') high wall or fence must be provided along
property lines for those yards abutting industrial zones
Access All development protects must provide adequate
access and facilities for various modes of transit, as required
by the City's transportation demand management program in
Chapter 16 of this Title In addition, all development projects
must provide pedestrian access between buildings and
transit facilities located on -site and /or off -site, if within
adjoining public rights of way If the building is part of a multi-
in
building development project, then safe and convenient
pedestrian access must be provided between buildings
15 -5G -7: LANDSCAPING:
Landscaping must be provided as required by Section 15 -2 -14 of
this Title
15 -5G-8: OFF - STREET PARKING AND LOADING SPACES:
Off - street parking and loading spaces shall be provided as required
by Chapter 15 of this Title
15 -5G -9: SIGNS:
Signs in the C -4 Zone must comply with the requirements of
Chapter 18 of this Title "
E The City Council should amend ESMC § 15 -15 -6 to read as follows
"15 -15 -6: LOADING AREA DEVELOPMENT
STANDARDS:
Every building hereafter established, erected, enlarged or
expanded for commercial, manufacturing or institutional purposes
in the Commercial or Manufacturing Zones listed below must be
provided with loading space as set forth below However, for any
building or use enlarged or increased in capacity, additional loading
spaces are required only for such enlargement or increase All
required loading spaces are in addition to the required on -site
parking spaces set forth in Section 15 -15 -3 and must be developed
and maintained in accordance with Section 15 -15 -2 Loading
spaces may be provided either completely or partially within a
budding when such building is designated to include adequate
ingress and egress to the loading spaces
LOADING SPACE SIZES
Space
Space
Vertical
Width
Depth
Clearance
13 feet
50 feet
16 feet
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NUMBER OF LOADING SPACES REQUIRED
Required loading spaces for hotel or institutional uses must be
provided as set forth in the following schedule-
Budding Floor Area
Loading Spaces
Required
Loading Spaces
0 — 999 sq ft
0
Required
Waiting
Zone
Building Floor Area
2
Spaces
Each additional 100,000 sq ft or
1
Required
SB & MM
0 - 10,000 sq ft
0
10,000 - 25,000 sq ft
1
C -3, CO, MU -N, MU-
0 - 999 sq ft
0
S, M -1, M -2
1,000 - 25,000 sq ft
1
C -3, C -4, CO, MU -S,
25,001 - 100,000 sq ft
2
MU -N, M -1, M -2,
SB, MM
100,001 - 250,000 sq ft
3
Each additional 100,000 sq ft or
1
fraction thereof
Over 1,000,000 sq ft
1 for every 5
loading
spaces
Each space
13'W x 50'L
x 16'H
0 - 25,000 sq ft
0
(single- tenant bldg )
C -4
0 - 25,000 sq ft
1 for each
(multi- tenant bldg)
tenant over
10,000 sq ft
Required loading spaces for hotel or institutional uses must be
provided as set forth in the following schedule-
Budding Floor Area
Loading Spaces
Required
Waiting Spaces
Required
0 — 999 sq ft
0
1,000 - 15,000 sq ft
1
15,001 - 75,000 sq ft
2
Each additional 100,000 sq ft or
1
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fraction thereof
Over 1,000,000 sq ft
Loading spaces within the boundaries of the Smoky Hollow Specific
Plan should be located on the side or in the rear of buildings
whenever possible. If located in the front yard, the loading platform
must be set back from the front property line a minimum of 30 feet
Commercial or manufacturing zoned lots or parcels that are less
than 6,000 square feet in area must provide an on -site loading
space area that is not less than 12 feet wide and comprised of an
area equal to not less than 8% of the lot or parcel area and in no
case can such loading area be less than 360 square feet "
F Subject to the conditions listed on the attached Exhibit "C," which are
incorporated into this Ordinance by reference, the City Council approves
Development Agreement No 03 -1, General Plan Amendment No 03-4 &
03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1,
and Subdivision No 03 -7
SECTION 8 If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable
SECTION 9 This Resolution will remain effective until superseded by a subsequent
resolution
SECTION 10 The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the City of El Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law
SECTION 11 This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption
PASSED, APPRO)JED AND ADOPTED this 15th day of March 2005.
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ATTEST-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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 1382 was duly introduced by said City Council at a regular meeting held
on the 1st day of March 2005, 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 15th day of March, 2005, and the same was so
passed and adopted by the following vote
AYES McDowell, Gaines, Boulgarides, Busch, Jacobson
NOES None
ABSENT None
ABSTAIN None
APPROVED AS TO FORM
Mark D Hbnsley, City Attorney
P \Planning & Building Safety\ PROJECTS \62"50 \EA - 631 \Council Agenda Packet\3 -15 -05 heanng \EA -631 ord 345 -05 doc
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■
r
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street EXEMPT FROM RECORDER'S FEES
El Segundo, California 90245 Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO AND
ROSECRANS - SEPULVEDA PARTNERS, LLC
(AREA A)
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE §65868 5
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TABLE OF CONTENTS
Recitals
Property Subject to this Agreement
Binding Effect
3 1 Constructive Notice and Acceptance
32 Rights to Assign
33 Liabilities Upon Transfer..
Development of the Property
41 Permitted Uses, Density
41 1 Food To Go Restaurant
4 1 2 Grocery Store..
4 1 3 Fast Food Restaurants
4 1 4 Banks and Day Spas
4 1 5 Restaurants .
41 6 Health Clubs and Fitness Centers
42 Development Standards.
4 2 1 Tenant/Owner Use Space
4 2 2 Limitations on Minimum Square Footage of Buildings and Space
423 Transfer of Development Rights.
43 Building Standards..
44 Fees, Exactions, Mitigation Measures, Conditions, Reservations and
Dedications
45 Use of Easements
Vesting of Development Rights
5 1 Applicable Rules
52 Entitlement to Develop
53 Subsequent Enactments
54 Future Approvals .
5 4 1 Minor Modifications to Project
5 4 2 Modification of Project Approvals
5 4 3 Modifications Requiring Amendment to this Agreement
5 5 Plan Review I ,
56 Timing of Development
57 Term
5 8 Issuance of Building Permits .
59 Satisfaction of Mitigation Measures and Conditions
5 10 Moratorium .
5 11 Performance of City Planning and Building Safety Director Duties .
Developer Agreements
61 General
62 Development Fees
63 Maintenance Obligations
64 Term of Map(s) and Other Project Approvals
65 Sales and Use Tax
Page
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6.6 Aquatic Payment. ... ....
10
6 7 Future Construction Activities
10
6 8 Contribution to Downtown.
11
6 9 Third -Party Agreements Restricting Uses on Property.. ..
11
7
City/Developer Agreements ..
12
7 1 Expedited Processing
12
7.2 Processing Cooperation and Assistance.......
12
7 3 Processing During Third Party Litigation ...
12
8
Modification/Suspension
.12
9
Demonstration of Good Faith Compliance..
.13
9 1 Review of Compliance
13
92 Good Faith Compliance
13
93 Information to be Provided to Developer . .........
13
94 Notice Of Non - Compliance, Cure Rights
13
95 Determination of Developer's Compliance
13
96 Failure of Periodic Review
14
10
Excusable Delays
14
11
Default Provisions
14
11 1 Default
14
11 2 Content of Notice of Violation
14
11 3 Remedies for Breach
15
12
Mortgagee Protection
15
12 1 Mortgage Not Rendered Invalid
15
122 Request for Notice to Mortgagee
15
123 Mortgagee's Time to Cure
15
124 Cure Rights
15
125 Bankruptcy
16
126 Disaffirmation
16
13
Estoppel Certificate
16
14
Administration of Agreement
16
14 1 Appeal of Staff Determinations
16
14 2 Operating Memoranda
.16
14 3 Certificate of Performance
17
15
Amendment or Termination by Mutual Consent
. .. 17
16
Indemnification/Defense
17
16 1 Indemnification
17
16 2 Defense of Agreement
18
17
Time of Essence
18
18
Effective Date .... ...
18
19
Notices
18
20
Entire Agreement
19
21
Waiver
19
22
Severability
19
23
Relationship of the Parties
19
24
No Third Party Beneficiaries
.19
25
Recordation of Agreement and Amendments
19
44386 \1060366v20 11 05 0797875
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26 Cooperation Between City and Developer
27 Rules of Construction .
28 Joint Preparation.
29 Governing Law and Venue.
30 Attorneys' Fees .
31 Counterparts
32. Weekend/Holiday Dates
33 Not a Public Dedication
EXHIBIT A — PROPERTY DESCRIPTION
EXHIBIT B — ASSIGNMENT AND ASSUMPTION AGREEMENT
EXHIBIT C — LIST OF TENANTS ........................ ...............................
DEFINITIONS
44386 \1060366v20 III
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A -1
B -1
........ C -1
. D -1
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I
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement ") is made and entered into by and between the
CITY OF EL SEGLJNDO, a municipal corporation (referred to hereinafter as "City") and
ROSECRANS - SEPULVEDA PARTNERS, LLC, a California limited liability company
(referred to hereinafter as "Developer ") as of this _ day of March, 2005 City and Developer
are referred to hereinafter individually as "Party" and collectively as "Parties" In consideration
of the mutual covenants and agreements contained in this Agreement, City and Developer agree
as follows:
1 Recitals This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the Parties
1 I Pursuant to Government Code Section 65865 et seq , City is authorized to
enter into a binding contractual agreement with any person having a legal or equitable interest in
real property for the development of such property
1 2 Developer has an option to acquire from the property owner and has been
authorized to execute this Agreement by the property owner with respect to approximately 42
acres of real property located in the City, as more specifically described by the legal description
set forth in Exhibit "A ", which exhibit is attached hereto and incorporated herein by this
reference (the "Property" o r�"Area A ")
1 3 Developer desires to develop the Property as a retail complex comprised
of approximately four - hundred twenty-five thousand (425,000) square feet that is projected to
include large retail stores, specialty retail stores, sit -down restaurants and other uses (the
"Project ")
14 City has certified a Final Environmental Impact Report for Environmental
Assessment No 631 (SCH No 2003121037) (the "EIR "), and has approved the Mitigation
Monitoring Plan for the EIR, General Plan Amendment No 03 -4, Zone Change No. 03 -2, Zone
Text Amendment No 04 -1, Subdivision No. 03 -7 (Vesting Tentative Tract No 061630), and this
Development Agreement No 03 -1 (the foregoing are collectively referred to as the "Project
Approvals ") Developer's application for the Project Approvals was deemed complete by the
City on November 10, 2004. Concurrently with the City's approval of the Project Approvals,
City has also, as part of General Plan Amendment No 03 -5, Zone Change No 03 -3 and Zone
Text Amendment No 04 -1, re- designated and rezoned other property in the vicinity of the
Property with a "Commercial Center (C -4)" land use and zoning designation (the "Other C -4
Property") a portion of which (approximately 13 acres) Developer has an option to acquire from
property owner and the balance of which (approximately 42 acres) is owned by third parties
1 5 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project Approvals, Applicable Rules
and this Agreement In consideration thereof, City agrees to limit the future exercise of certain
of its governmental and proprietary powers to the extent specified in this Agreement
1 6 By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the Project Approvals, the
05 0797875
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Applicable Rules (as hereinafter defined) and this Agreement In consideration thereof,
Developer agrees to waive its rights, if any, to challenge legally the limitations on density and
use imposed upon development of the Property and other restrictions and obligations set forth in
this Agreement and the Project Approvals
17 City and Developer have acknowledged and agreed that the consideration
that is to be exchanged pursuant to this Agreement is fair, dust and reasonable and that this
Agreement is consistent with the General Plan of City
1 8 This Agreement is intended to provide flexible entitlements, within the
parameters set forth herein and subject to the terms and conditions hereof, to meet the changing
market demands that are likely to occur throughout the buildout of the Project
19 The proposed Project uses are consistent with the City's General Plan, as
amended, (the "General Plan ").
1 10 Development of the Project will further the comprehensive planning
objectives contained within the General Plan, and will result in public benefits, including, among
others, the following
1 10 1 Fulfilling long -term economic and social goals for City and the
community,
1 10.2 Providing fiscal benefits to City's general fund in terms of
increased employment and utility, business license, property and other tax revenues, which are
anticipated to exceed $1,000,000 annually,
1 10 3 Providing both short-term construction employment (estimated to
be approximately 250 persons) and long -term permanent employment (estimated to be
approximately 952 persons) within City,
1 10 4 Phasing the constriction of public infrastructure improvements
with private development,
destination,
Property,
1 10 5 Eliminating blighted areas and providing an attractive urban
1 10 6 Facilitating environmental remediation on and around the
1 10 7 Funding planned circulation element improvements at no cost to
the City, and
1 10 8 Creating significant offsite public improvements, including streets,
signals, medians and landscaping
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1.11 On November 15, 2004, the Planning Commission of the City commenced
a duly noticed public hearing on this Agreement, continued the public hearing to December 15,
2004 and at the conclusion of the hearing recommended approval of the Agreement
1 12 On February 15, 2005, the City Council of the City ( "City Council")
commenced a duly noticed public hearing on this Agreement, and continued the public hearing
to March 1, 2005 and at the conclusion of the hearing certified the EIR by Resolution No 4415
and approved this Agreement by Ordinance No 1382 (the "Enabling Ordinance ")
2 Property Subiect to this Agreement All of the Property shall be subject to this
Agreement
3 Binding Effect The burdens of this Agreement are binding upon, and the benefits of the
Agreement inure to the City and the Developer to the extent the Developer ultimately exercises
its option to purchase the Property and each successive successor in interest thereto and
constitute covenants that run with the Property. Any and all rights and obligations that are
attributed to the Developer under this Agreement shall run with the land irrespective of whether
the Developer exercises its option to purchase the Property In addition, if Developer does not
exercise such option, it shall still be obligated to fulfill the conditions set forth in Section 6 8 of
this Agreement
3 1 Constructive Notice and Acceptance Every person who acquires any
right, title or interest in or to any portion of the Property in which the Developer has a legal
interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this
Agreement, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired such right, title or interest
32 Rights to Assign Developer may assign or transfer its rights and
obligations under this Agreement with respect to the Property, or any portion thereof, to any
person at any time during the term of this Agreement without approval of the City
33 Liabilities Upon Transfer. Upon the delegation of the duties and
obligations under this Agreement and the sale, transfer or assignment of all or any portion of the
Property, Developer will be released from its obligations under this Agreement with respect to
the Property, or portion thereof, so transferred ansing subsequent to the effective date of such
transfer, if (i) Developer has provided to the City prior or subsequent written notice of such
transfer and (u) the transferee has agreed in writing to be subject to all of the provisions hereof
applicable to the portion of the Property so transferred by executing an Assignment and
Assumption Agreement in the form of Exhibit `B" attached hereto Upon any transfer of any
portion of the Property and the express assumption of Developer's obligations under this
Agreement by such transferee, the City agrees to look solely to the transferee for compliance by
such transferee with the provisions of this Agreement as such provisions relate to the portion of
the Property acquired by such transferee Any such transferee shall be entitled to the benefits of
this Agreement as "Developer" hereunder and shall be subject to the obligations of this
Agreement applicable to the parcel(s) transferred A default by any transferee shall only affect
that portion of the Property owned by such transferee and shall not cancel or diminish in any way
Developer's rights hereunder with respect to any portion of the Property not owned by such
05 0797875
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transferee The transferee shall be responsible for satisfying the good faith compliance `o
requirements set forth in Section 9 below relating to the portion of the Property owned by such
transferee, and any amendment to this Agreement between the City and a transferee shall only
affect the portion of the Property owned by such transferee
4 Development of the Properly The following provisions shall govern the subdivision,
development and use of the Property
41 Penmtted Uses, Density The permitted and conditionally permitted uses
of the Property are those set forth in the City's Municipal Code which are applicable to the
Property/Project, except
4 1 1 Food To Go Restaurant "Food to go" restaurants (defined in
Section 15 -1 -6 of the El Segundo Municipal Code) are not permitted or conditionally permitted
uses
4 1 2 Grocery Store For a period of one (1) year following the date that
the permitted 425,000 of developable floor area of the Project is ninety percent (90 %) occupied
(the "Whole Foods Period "), a grocery store will only be a permitted use to the extent it is a
"Whole Foods" grocery store During the Whole Foods Period, the Developer shall have the
right to request that the City Council approve of a grocery store other than "Whole Foods" and
the City Council may approve or deny such request in its sole discretion
4 1 3 Fast Food Restaurants Unless such use is incidental to the
primary business of an occupant of a building, "Fast food" restaurants shall not be allowed
within 150 feet of Sepulveda Boulevard, or south of the current locations of the Union Pacific
Railroad or the Burlington Northern Santa Fe Railroad lines "Fast food" restaurant is defined as
"A restaurant where customers purchase food and beverages and either consume the food and
beverages on the premises within a short period of time or take the food and beverages off the
premises Typical characteristics of a fast food restaurant include but are not limited to, the
purchase of food and beverages at a walk -up window or counter, no table service by a server,
payment for food and beverages prior to consumption, and the packaging of food and beverages
in disposable containers. A restaurant shall not be considered a fast food or take -out restaurant
solely on the basis of incidental or occasional take -out sales "
4 14 Banks and Day Spas One Bank shall be permitted One day spa
with a minimum floor area of 5,000 square feet shall be permitted.
4 1 5 Restaurants A minimum of two (2) full service, sit down
restaurants that serve both lunch and dinner, which have at least 6,000 square feet of floor area
(including outdoor dining facilities) ( "Full Service Restaurant") shall be constructed; provided,
however, if Developer is not able to lease space to a second Full Service Restaurant within two
(2) years following the date the Projects ninety percent (90 %) occupied, the requirements of
this Section 4 15 shall be reduced from two (2) to one (1) Full Service Restaurant
4 1 6 Health Clubs and Fitness Centers No health club or fitness center
shall be permitted
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42 Development Standards All design and development standards that shall 1
be applicable to the Property ( "Development Standards ") are set forth in the El Segundo General
Plan, the El Segundo Municipal Code, the Applicable Rules, the Project Approvals, and this
Agreement Additionally, the following restrictions apply
4 2 1 Tenant/Owner Use Space No uses within the Project shall exceed
125,000 square feet of floor area in size
4 2 2 Limitations on Minimum Square Footage of Buildings and Space.
Except with respect to the two restaurants identified in Section 4 15 above, a maximum of
75,000 square feet of the allowable building area allowed on the Property can be developed
and/or utilized for uses that occupy less than 10,000 square feet of building space With respect
to such 75,000 square feet, a maximum of 8 building pads (exclusive of the "Full Service
Restaurants" referred to in Section 4 1 5 above) may be less than 10,000 square feet each
Moreover, no building pads on the Property may be less than 5,000 square feet in size
Additionally, with respect to the 75,000 square feet, only those uses identified on Exhibit "C"
shall be allowed to occupy less than 1,500 square feet of building space or uses which are the
reasonable equivalents of the specific businesses listed in Exhibit "C" as determined by the
Planning and Building Safety Director to his or her sole discretion In addition, the Developer
shall have the right to request that the City Council approve of deviations from the restrictions
set forth in this Section 4 2 2 and the City Council may approve or deny such requests in its sole
discretion As used in this Agreement, the term "building pad" shall be defined to mean the total
ground floor area of any individual building constructed on the Property
4 2 3 Transfer of Development Rights The Developer shall have the
right to transfer floor area between parcels that are created within Area A as a part of the Project
Approvals so long as no parcel exceeds a floor area ratio of 0 6 1 Such transfers of floor area
shall be recorded against the properties involved in the transfer of floor area in accordance with
the requirements of the C -4 Zoning. The Planning and Building Safety Director or designee must
review the application for transfer of floor area to ensure conformity with the requirements of
this Section 4 2 3. This review shall not be subject to a public hearing process Transfer of floor
area from properties located outside of Area A to any parcel within Area A is strictly prohibited
43 Building Standards All construction on the Property shall adhere to the
California Building Code, the California Electrical Code, the California Mechanical Code, the
Uniform Sign Code, the Uniform Code for Abatement of Dangerous Buildings, and Uniform
Administrative Code in effect at the time the plan check or permit is approved and to any federal
or state building requirements that are then in effect (collectively the `Building Codes ")
44 Fees, Exactions, Mitigation Measures, Conditions, Reservations and
Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications
of land for public purposes that are applicable to the Project or the Property are set forth in the
Applicable Rules, the Project Approvals and this Agreement Additionally, Developer shall pay
all applicable fees that are in effect at the time that fees are required to be paid pursuant to
Section 6 2 of this Agreement This Section shall not be construed to limit the authority of City
to charge normal and customary application, processing, and permit fees for land use approvals,
05 0797875
44386 \1060366v20
building permits and other similar permits, which fees are designed to reimburse City's actual
expenses attributable to such application, processing and permitting and are in force and effect
on a City-wide basis at such time as said approvals and permits are granted by City
4.5 Use of Easements. Notwithstanding the provisions of the Applicable
Rules, easements dedicated for vehicular and pedestrian use shall be permitted to include
easements for underground drainage, water, sewer, gas, electricity, telephone, cable,
environmental remediation and other utilities and facilities so long as they do not unreasonably
interfere with pedestrian and/or vehicular use
Vesting of Development Rights
5 1 Applicable Rules The Applicable Rules shall consist of the following
5 1 1 The General Plan, as it exists on the Effective Date,
5 1 2 The City's Municipal Code, including the Zoning Code, as the
Municipal Code exists on the Effective Date,
5 13 Such other laws, ordinances, rules, regulations, and official
policies governing permitted uses of the Property, density, design, improvement, and
construction standards and specifications applicable to the development of the Property in force
at the time of the Effective Date, which are not in conflict with this Agreement
52 Entitlement to Develop The Developer is hereby granted the vested right
to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and
any future approvals applied for by the Developer and granted by the City for the Project or the
Property (the "Future Approvals ").
5 3 Subsequent Enactments. Any change in the Applicable Rules, including,
without limitation, any change in any applicable general plan or specific plan, zoning, or
subdivision regulation, adopted or becoming effective after the Effective Date, including,
without limitation, any such change by means of an ordinance, initiative, resolution, policy, order
or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council,
the Planning Commission or any other board, agency, commission or department of the City, or
any officer or employee thereof, or by the electorate, as the case may be (collectively the
"Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the
Property, shall not be applied by the City to any part of the Property.
54 Future Approvals
5 4 1 Minor Modifications to Project Developer may make minor
changes to the Project and Project Approvals ( "Minor Modifications ") without amending this
Agreement upon the administrative approval of the City of El Segundo Director of Planning and
Building Safety (the "City Planning and Building Safety Director ") or designee, provided that
such modifications are consistent with the Development Standards, Applicable Rules and Project
Approvals The City shall not unreasonably withhold or delay approval of any Minor
Modification The City shall have the right to impose reasonable conditions in connection with
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Minor Modifications, provided, however, such conditions shall not (a) be inconsistent with the
Applicable Rules, the Project Approvals or with the development of the Project as contemplated
by this Agreement, (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct,
interfere with, or place unreasonably burdensome or restrictive measures or requirements upon
development of the Project or the Property or any portion thereof, or (c) impose additional
dedications, infrastructure or public improvement obligations, fees, or exactions in excess of
those identified in the Applicable Rules, the Project Approvals, or this Agreement
5 4 2 Modification of Project Approvals. It is contemplated by City and
Developer that Developer may, from time to time, pursuant to Section 5 4.1 seek amendments to
one or more of the Project Approvals Any such amendments are contemplated by City and
Developer as being within the scope of this Agreement as long as they are authorized pursuant to
this Section 5 4 2 and shall, upon approval by City, continue to constitute the Project Approvals
as referenced herein The parties agree that any such amendments shall not constitute an
amendment to this Agreement nor require an amendment to this Agreement
5 4 3 Modifications Requiring Amendment to this Agreement Any
proposed modification to the Project which results in any of the following shall not constitute a
Minor Modification but rather shall constitute a Major Modification and shall instead require an
amendment to this Agreement pursuant to Section 15 below
(a) Any decrease in the required building setbacks as set forth
in the C -4 Zone,
(b) Any increase in the total developable square footage of the
entire Property in excess of the maximum FAR allowed under the C -4 Zone,
(c) Any increase in height of buildings or structures on the
Property above 65 feet,
(d) Any decrease in the minimum required lot area as set forth
in the C -4 Zone,
(e) Any decrease in the minimum required lot frontage as set
forth in the C -4 Zone,
(f) Except as set forth in Section 4 2 3 above, any change to
the requirements of the transfer of development rights as set forth in the C -4 Zone,
(g) Any increase in the maximum number of A M and P M
peak hour vehicle trips for the Project as specified in the conditions of approval and Mitigation
Monitoring and Reporting Program (MMRP), unless a subsequent traffic report has been
prepared to the reasonable satisfaction of the City's Planning and Building Safety Director that
identifies potential impacts and proposes feasible mitigation measures to mitigate such impacts
and otherwise complies with CEQA,
(h) Any change in use to a use which is not permitted under
this Agreement,
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(i) Any deviation from the uses and development standards or
limitations set forth in Section 4 1 and Section 4 2 of this Agreement, except to the extent these
Sections specifically provide for the Council to approve of alternative uses or square footage
requirements, and,
0) Any material modification to Developer's obligation to
dedicate the public roadways to the City as provided in. the conditions of approval and the
MMRP
Other than the Mayor Modifications listed above, all other modifications to the Project shall be
considered "Minor Modifications "
5.5 Plan Review Plans for each building on the Property, including plans for
signage, trash enclosures and screening and landscaping, shall be reviewed and approved by the
City Planning and Building Safety Director prior to issuance of a building permit, provided,
however, that, notwithstanding anything to the contrary contained in the Applicable Rules, the
sole purpose of such review shall be to verify consistency with the Development Standards,
Applicable Rules and Project Approvals. The City Planning and Building Safety Director shall
approve all features which are consistent with the Development Standards, Applicable Rules or
Project Approvals or are otherwise specifically approved by this Agreement and shall have no
authority to disapprove or conditionally approve any features or matters which are consistent
with or otherwise which have been specifically approved by this Agreement
5 6 Timing of Development In Pardee Construction Co v City of Camarillo
(Pardee), 37 Ca1.3d 465 (1984), the California Supreme Court held that the failure of the parties
therein to provide for the timing or rate of development resulted in a later- adopted initiative
restricting the rate of development to prevail against the parties' agreement City and Developer
intend to avoid the result in Pardee by acknowledging and providing that Developer shall have
the right, without obligation, to develop the Property in such order and at such rate and times as
Developer deems appropriate within the exercise of its subjective business judgment subject to
the term of this Agreement
In furtherance of the Parties' intent, as set forth in this Section, no future
amendment of any existing City ordinance or resolution, or future adoption of any ordinance,
resolution or other action, that purports to limit the rate or timing of development over time or
alter the sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the Property However, nothing in
this Section shall be construed to limit City's right to enforce Developer's obligation pursuant to
this Agreement to provide all infrastructure required by the Project Approvals and this
Agreement
5 7 Term This Agreement shall be in effect for a period of eight (8) years
from the effective date of the Enabling Ordinance However, Developer or City shall be entitled
to, by written notice to the other Party prior to the Agreement's expiration, one (1) five (5) -year
extension, provided that the requesting Party is not in material default of its obligations
hereunder at such time
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05 0797875
5.8 Issuance of Building Permits No building permit, final inspection or 1
Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from the
Developer if all infrastructure required to serve the portion of the Property covered by the
building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed
to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of
the City prior to completion of construction and all of the other relevant provisions of the Project
Approvals, Future Approvals and this Agreement have been satisfied
59 Satisfaction of Mitigation Measures and Conditions. In the event that any
of the mitigation measures or conditions required of Developer hereunder have been
implemented by others, Developer shall be conclusively deemed to have satisfied such
mitigation measures or conditions, consistent with CEQA If any such mitigation measures or
conditions are rejected by a governmental agency with j unsdiction, the Developer may
implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's
satisfaction, in lieu of the rejected mitigation measures or conditions Such substitution shall be
deemed to be a Minor Modification pursuant to Section 5 4 1 above
5 10 Moratorium The City shall not impose a moratorium on the Property
unless such is necessary to protect a significant threat to the health, safety and welfare of the
City
5 11 Performance of City Planning and Building Safety Director Duties. If the
City determines at any time during the term of this Agreement that the duties to be performed by
the City Planning and Building Safety Director under this Agreement will be performed by one
or more staff members other than the Planning and Building Safety Director, the City shall
endeavor to notify the Developer of such change The City shall ensure that a person or persons
are designated at all times to carry out the duties of the Planning and Building Safety Director set
forth in this Agreement
Developer Agreements
61 General The Developer shall comply with (i) this Agreement, (u) the
Project Approvals, including without limitation all mitigation measures required by the
determination made pursuant to the California Environmental Quality Act, and (iii) all Future
Approvals for which it is the applicant or a successor in interest to the applicant
62 Development Fees Subject to the provisions of Section 4 4 above,
Developer shall pay the development fees in effect at such time that building permits are issued
for the Project The Developer shall be entitled to credits against the City's traffic mitigation
fees to the extent off -site traffic improvements that are required by the Project Approvals are
included in any subsequent traffic fee mitigation program adopted by the City pursuant to
Government Code Section 66000 et seq Such credits shall be based upon the actual audited
costs and shall only be granted to the extent such improvements are constructed in accordance
with all applicable state and local laws The Developer waives any and all rights it may have to
challenge development fees that are currently applicable to development within the City and the
City's right to amend its current development fees and/or impose additional development fees
However, the Developer retains the legal right to challenge the amount of any such amended or
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increased development fees to the extent such are not in compliance with the requirements of
Government Code Section 66000 et seq as well as it right to receive credits against such V
amended or increased fees
6.3 Maintenance Obligations The Developer shall maintain all portions of
the Property in its possession or control, and any improvements thereon, in a first class clean,
neat and orderly manner The Parties' respective maintenance obligations shall survive any
termination or expiration of this Agreement.
64 Term of Maps) and Other Project Approvals Pursuant to California
Government Code Sections 66452 6(a) and 65863 9, the term of any subdivision or parcel map
that has been or in the future may be processed on all or any portion of the Property and the term
of each of the Project Approvals shall be extended for a period of time through the scheduled
termination date of this Agreement as set forth in Section 5 7 above.
65 Sales and Use Tax
(a) In the event the contract price for any work on the Project
is valued at five million dollars ($5,000,000) or more, Developer agrees to report, on a State
Board of Equalization Tax Return, any purchases of tangible personal property made in
connection with the finishing of and/or installation of materials, or fixtures for the Project, when
such purchases were made without sales or use tax due Developer shall indicate the City as a
registered job site location on the State Board of Equalization Tax Return In such event,
Developer shall also obtain a permit or a sub - permit from the State Board of Equalization
indicating the City as the registered job site location, in accordance with State Board of
Equalization Operations Memorandum No 1023.
(b) Developer further agrees that if Developer retains
contractors or subcontractors to perform a portion of work in the Project, and said contracts or
subcontracts are valued at five million dollars ($5,000,000) or more, said contracts or
subcontracts shall contain the provisions set forth in Subsection (a) above
(c) The Director of Administrative Services of the City is
authorized to relieve Developer, and Developer's contractors and subcontractors, from the
requirements set forth in this Section 65 upon proof to the reasonable satisfaction of the Director
of Administrative Services that Developer and/or its contractors or subcontractors have made
good faith efforts to obtain said permit or sub - permits, but were denied the same by the State
Board of Equalization
6.6 Aquatic Payment Developer upon issuance of the first building permit for
the Project shall pay the City $15 million for purposes of the City using the funds to repair,
improve, and/or construct aquatic facilities within the City
67 Future Construction Activities The development of the C -4 Zone, which
Zone was established concurrently with this Agreement, will likely involve the construction of
significant public infrastructure improvements in the future (for example, public roadways and
utilities) The Developer, owners and occupants of the Property are hereby on notice that such
construction activities may result in a reduced but not a lack of access to the Property and other
44386 \1060366v20 10 05 0797875
temporary physical and financial negative impacts to the Property and the uses thereon due to
noise, dust, vibration and other normal and temporary construction related impacts Developer,
owners and occupants of the Property agree not to file any claims or legal or equitable actions
against the City or the developers of the C -4 Zone relating to, or arising from, such temporary
negative impacts associated with such public improvement construction activities that seek to
enjoin the construction activities or seek damages based upon or arising out of alleged or actual
temporary business interruption to or temporary business financial losses incurred by the
Developer, owners or occupants of the Property This provision shall survive the termination of
this Agreement and shall remain in effect for a period of 30 years from the effective date of this
Agreement
68 Contribution to Downtown Developer agrees to pay the City $125,000
upon the earlier of (1) the expiration of the statute of limitation for challenging the Project
Approvals with no challenge having been filed, or (2) upon a final court judgment or settlement
of litigation which results in the Developer being allowed to proceed with development of the
Property, , Thereafter, Developer shall pay the City an additional $125,000 within one year of
the date upon which the Developer was obligated to make the first $125,000 payment to the City
These funds paid to the City shall be used for purposes of enhancing, promoting, or maintaining
the public right of ways adjacent to the business and properties within the Downtown Specific
Plan area The City shall form a subcommittee with representatives from the City and business
community for purposes of forming recommendations to the City Council with respect to the
expenditure of such funds
69 Third -Party Agreements Restnctm¢ Uses on Property Developer
warrants and represents that it has not and will not enter into any agreements with third- parties,
or record any restrictions against the Property, which directly or indirectly limit the potential
uses for the Property that are currently permitted pursuant to this Agreement or in the C -4 Zone
in any respect, including but not limited to the particular retailers, types and/or sizes of
structures or businesses, types of uses, or the owners of any businesses allowed on the Property
The Developer may request that the City Council consent to any such restriction which consent
maybe withheld in the City Council's sole discretion Without acknowledging that any of the
uses identified in (5) and (7) below are permitted pursuant to this Agreement or the C -4 Zone,
the provisions of this Section 6 9 shall not apply to, or affect or restrict the terms of (1) any lease
between the Developer and a bona fide tenant of the Property for purposes of restricting
competition relating to the tenant's business; (2) any purchase and sale agreement between the
Developer and a bona fide retail business /purchaser of one or more parcels of the Property for
purposes of restricting competition relating to the retailer's business, (3) any agreement or
permit between the Developer and any federal, state or regional regulatory agency (not including
the County of Los Angeles (except to the extent County permits may be required to drill any
wells on the Property and/or to discharge into the sanitary sewer system) or cities), such as, but
not limited to the Army Corps of Engineers, the Environmental Protection Agency, the
Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public
Utilities Commission, the Regional Water Quality Control Board and the California Department
of Fish and Game,(4) normal and customary covenants, conditions and restrictions for retail
centers (commonly referred to as "CC &R's ") so long as such do not restrict the uses that are
currently permitted on the Property pursuant to this Agreement or the C -4 Zone, (5) any
restrictions on residential, health care, child care, schools, or other similar uses imposed by the
44386\ 1060366v20 11 05 0797875
current owner of the Property, Honeywell International Inc , (6) any restrictions on using \�
groundwater underneath the Property for human consumption, irrigation, or other purposes that
might bring groundwater into contact with humans; or (7) restrictions prohibiting bowling alleys,
arcades, skating rinks, billiard rooms, carnivals or circuses, the sale of used goods or materials,
dance halls, bars (not including bars that are an ancillary use to another permitted use); funeral
parlors, the sale of paraphernalia for use with illegal drugs, automobile services (including but
not limited to service stations), automobile sales, liquidation sales (not including court ordered
sales), veterinary services (except as ancillary use to a pet store), tattoo parlors and pawn shops
City /Developer Agreements
7 1 Expedited Processing The City shall process, at Developer's expense, in
an expedited manner all plan checking, excavation, grading, building, encroachment and street
improvement permits, Certificates of Occupancy, utility connection authorizations, and other
ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation,
construction, development, improvement, use and occupancy of the Project in accordance with
the City's accelerated plan check process under the Applicable Rules Without limiting the
foregoing, if requested by Developer, the City agrees to utilize private planners and plan
checkers (upon Developer's request and at Developer's cost) and any other available means to
expedite the processing of Project applications, including concurrent processing of such
applications by various City departments
72 Processing Cooperation and Assistance To the extent permitted by law,
the City shall reasonably cooperate with the Developer in securing any and all entitlements,
authorizations, permits or approvals which may be required by any other governmental or quasi -
governmental entity in connection with the development of the Protect or the Property Without
limiting the foregoing, the City shall reasonably cooperate with the Developer in any dealings
with federal, state and other local governmental and quasi - governmental entities concerning
issues affecting the Property The City shall endeavor to keep the Developer fully informed with
respect to its communications with such agencies which could impact the development of the
Property
73 Processing During Third Party Liti ag tion The filing of any third party
lawsuit(s) against the City or the Developer relating to this Agreement, the Project Approvals,
any Future Approvals or to other development issues affecting any portion of the Property or the
Project shall not hinder, delay or stop the development, processing or construction of the Project,
approval of the Future Approvals, or issuance of ministerial permits or approvals, unless the third
party obtains a court order preventing the activity
8 Modification/Suspension Pursuant to Government Code Section 65869 5, in the event
that any state or federal law or regulation, enacted after the Effective Date (as defined in Section
18), precludes compliance with any provision of this Agreement, such provision shall be deemed
modified or suspended to the extent practicable to comply with such state or federal law or
regulation, as reasonably determined necessary by City Upon repeal of said law or regulation or
the occurrence of any other event removing the effect thereof upon the Agreement, the
provisions hereof shall be restored to their full original effect
44386 \1060366v20 12 05 0797875
9 Demonstration of Good Faith Comnhance
9 1 Review of Compliance In accordance with Government Code Section
65865 1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary
of the Effective Date ( "Penodic Review "), the City Planning and Building Safety Director shall
review the extent of the Developer's good faith substantial compliance with the terms and
provisions of this Agreement as well as the performance by the City of its obligations under this
Agreement
92 Good Faith Compliance During each Periodic Review, the Developer
shall demonstrate by written status report that, during the preceding twelve (12) month period,
that it has been in good faith compliance with this Agreement For purposes of this Agreement,
the phrase "good faith compliance" shall mean that the Developer has demonstrated that it has
acted in a commercially reasonable manner (taking into account the circumstances which then
exist) and in good faith in and has substantially complied with the Developer's material
obligations under this Agreement
93 Information to be Provided to Develoner The City shall deliver to the
Developer a copy of all staff reports prepared in connection with a Periodic Review, any prior
staff reports generated during the review period, written comments from the public and, to the
extent practical, all related exhibits concerning such Periodic Review, but in no event later than
six (6) business days prior to the City Planning and Building Safety Director's submittal of a
report setting forth his or her determination as to the results of the Periodic Review Subject to
the provisions of Section 14.1 below, upon the Developer's request, the Developer shall be given
a full and adequate opportunity to be heard orally and in writing regarding its performance and,
at its option, the City's performance under the Agreement prior to the completion of the City
Planning and Building Safety Director's Periodic Review.
94 Notice Of Non - Compliance, Cure Rights. Subject to the provisions of
Section 14 1 below, if at the completion of any Periodic Review, the City Planning and Building
Safety Director reasonably concludes on the basis of substantial evidence that as to any parcel or
parcels comprising the Property (i) the Developer has not demonstrated that it is in good faith
compliance with this Agreement, and (u) that the Developer is out of compliance with a specific
substantive term or provision of this Agreement, then the City Planning and Building Safety
Director may issue and deliver to the Developer a written Notice of Violation as set forth in
Section 11 1 below
95 Determination of Developer's Compliance If the City Planning and
Building Safety Director determines that the Developer has demonstrated that it is in good faith
compliance with this Agreement, the City Planning and Building Safety Director's determination
shall be deemed final and non - appealable If the Developer appeals to the Planning Commission
a determination by the City Planning and Building Safety Director that the Developer is not in
compliance with this Agreement and the Planning Commission determines that the Developer
has demonstrated that it is in good faith compliance with this Agreement, the Planning
Commission's determination shall be deemed final and non - appealable If the Developer appeals
to the City Council a determination by the Planning Commission that the Developer is not in
compliance with this Agreement and the City Council determines that the Developer has
44366,1060366 °20 13 05 0797875
0
demonstrated that it is in good faith compliance with this Agreement, the City Council's
determination shall be deemed final and non - appealable.
96 Failure of Periodic Review. The City's failure to review, at least annually,
compliance by the Developer with the terms and conditions of this Agreement shall not
constitute or be asserted by any Party as a breach by any other Party of this Agreement.
10 Excusable Delays Performance by any Party of its obligations hereunder shall be
excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party
claiming the delay gives notice of the delay to the other Party as soon as reasonably possible
after the same has been ascertained For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the delay, including
without limitation (a) act of God, (b) civil commotion, (c) riot, (d) strike, picketing or other
labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of
fire, flood, earthquake or other casualty, (g) reasonably unforeseeable delay caused by a
reasonably unforeseeable restriction imposed or mandated by a governmental entity other than
City, (h) litigation brought by a third party attacking the validity of this Agreement, a Project
Approval, a Future Approval or any other action necessary for development of the Property, (i)
delays caused by any default by City or the Developer hereunder, or 0) delays due to the
presence or remediation of hazardous materials The term of this Agreement shall be extended
by any period of Excusable Delay
11 Default Provisions
11 1 Default. Either Party to this Agreement shall be deemed to have breached
this Agreement if it materially breaches any of the provisions of this Agreement and the same is
not cured within the time set forth in a written notice of violation (the "Notice of Violation ")
from the non - breaching Party to the breaching Party, which period of time shall not be less than
ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults
from the date that the notice is deemed received, provided if the breaching Party cannot
reasonably cure a non - monetary default within the time set forth in the notice, then the breaching
Party shall not be in default if it commences to cure the default within such time limit and
diligently effects such cure thereafter If the City determines that a default may have occurred,
the City shall give written notice to the Developer of its intention to terminate this Agreement
and comply with the notice and public hearing requirements of Government Code Sections
65867 and 65868 At the time and place set for the hearing on termination, the Developer shall
be given an opportunity to be heard If the City Council finds based upon the evidence that the
Developer is in breach of this Agreement, the City Council may modify or terminate this
Agreement
11 2 Content of Notice of Violation Every Notice of Violation shall state with
specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged
breach, (including references to the pertinent provisions of this Agreement), the portion of the
Property involved, and the manner in which the breach may be satisfactorily cured. The notice
shall be deemed given in accordance with Section 19 hereof
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44386 \1060366v20 14
11.3 Remedies for Breach The Parties agree that the remedies for breach of
this Agreement shall be limited to the remedies expressly set forth in this subsection. The
remedies for breach of this Agreement by City or Developer shall be limited to injunctive relief
and/or specific performance
12. Mortgagee Protection. This Agreement shall not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or
any improvements thereon by any mortgage, deed of trust or other security device The City
acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain
Agreement interpretations and agrees, upon request, from time to time, to meet with the
Developer and representatives of such lender(s) to provide within a reasonable time period the
City's response to such requested interpretations The City will not unreasonably withhold its
consent to any such requested interpretation, provided that such interpretation is consistent with
the intent and purposes of this Agreement Any Mortgagee of a mortgage or a beneficiary of a
deed of trust or any successor or assign thereof, including without limitation the purchaser at a
judicial or non - judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of
foreclosure on the Property shall be entitled to the following rights and privileges
121 Mortgage Not Rendered Invalid Neither entering into this Agreement nor
a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien
of any mortgage or deed of trust on the Property made in good faith and for value No
Mortgagee shall have an obligation or duty under this Agreement to perform the Developer's
obligations, or to guarantee such performance, prior to taking title to all or a portion of the
Property
122 Request for Notice to Mortgagee The Mortgagee of any mortgage or
deed of trust encumbering the Property, or any part thereof, who has submitted a request in
writing to the City in the manner specified herein for giving notices, shall be entitled to receive a
copy of any Notice of Violation delivered to the Developer
123 Mortgagee's Time to Cure. The City shall provide a copy of any Notice
of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to the
Developer The Mortgagee shall have the right, but not the obligation, to cure the default for a
period of thirty (30) days after receipt of such Notice of Violation Notwithstanding the
foregoing, if such default shall be a default which can only be remedied by such Mortgagee
obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain
possession, such Mortgagee shall have until thirty (30) days after the date of obtaining such
possession to cure or, if such default cannot reasonably be cured within such penod, to
commence to cure such default, provided that such default is cured no later than one (1) year
after Mortgagee obtains such possession
124 Cure Rights Any Mortgagee who takes tithe to all of the Property, or any
part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of
foreclosure, shall succeed to the nghts and obligations of the Developer under this Agreement as
to the Property or portion thereof so acquired; provided, however, in no event shall such
Mortgagee be liable for any defaults or monetary obligations of the Developer ansing prior to
acquisition of title to the Property by such Mortgagee, except that any such Mortgagee shall not
44386 \1060366v20 15 05 0797875
J�
be entitled to a building permit or occupancy certificate until all delinquent and current fees and
other monetary or non - monetary obligations due under this Agreement for the Property, or Q
portion thereof acquired by such Mortgagee, have been satisfied
125 Bankruptcy If any Mortgagee is prohibited from commencing or
prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any
process or injunction issued by any court or by reason of any action by any court having
jurisdiction of any bankruptcy or insolvency proceedings involving the Developer, the times
specified in Section 12 3 above shall be extended for the period of the prohibition, except that
any such extension shall not extend the term of this Agreement
126 Disaffirmation If this Agreement is terminated as to any portion of the
Property by reason of (i) any default or (u) as a result of a bankruptcy proceeding, this
Agreement is disaffirmed by a receiver, liquidator, or trustee for the Developer or its property,
the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a
new development agreement for the Project as to such portion of the Property with the most
senior Mortgagee requesting such new agreement. This Agreement does not require any
Mortgagee or the City to enter into a new development agreement pursuant to this Section.
13 Estoppel Certificate At any time and from time to time, the Developer may deliver
written notice to City and City may deliver written notice to the Developer requesting that such
Party certify in writing that, to the knowledge of the certifying Party (i) this Agreement is in full
force and effect and a binding obligation of the Parties, (n) this Agreement has not been
amended, or if amended, the identity of each amendment, and (ni) the requesting Party is not in
breach of this Agreement, or if in breach, a description of each such breach The Party receiving
such a request shall execute and return the certificate within thirty (30) days following receipt of
the notice The failure of the City to deliver such a written notice within such time shall
constitute a conclusive presumption against the City that, except as may be represented by the
Developer, this Agreement is in full force and effect without modification, and that there are no
uncured defaults in the performance of the Developer The City Planning and Building Safety
Director shall be authorized to execute, on behalf of the City, any Estoppel Certificate requested
by the Developer City acknowledges that a certificate may be relied upon by successors in
interest to the Developer who requested the certificate and by holders of record of deeds of trust
on the portion of the Property in which that Developer has a legal interest
14 Administration of Agreement
14 1 Appeal of Staff Determinations Any decision by City staff concerning
the interpretation or administration of this Agreement or development of the Property in
accordance herewith may be appealed by the Developer to the Planning Commission, and
thereafter, if necessary, to the City Council pursuant to the El Segundo Municipal Code The
Developer shall not seek judicial review of any staff decision without first having exhausted its
remedies pursuant to this Section Final determinations by the City Council are subject to
,judicial review subject to the restrictions and limitations of California law
142 Operating Memoranda The provisions of this Agreement require a close
degree of cooperation between City and Developer During the Term of this Agreement,
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44386 \1060366v20 16
clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the
details of performance of City and Developer If and when, from time to time, during the term of
this Agreement, City and Developer agree that such clarifications are necessary or appropriate,
they shall effectuate such clarification through operating memoranda approved in writing by City
and Developer, which, after execution, shall be attached hereto and become part of this
Agreement and the same may be further clarified from time to time as necessary with future
written approval by City and the Developer Operating memoranda are not intended to and shall
not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore
public notices and hearings shall not be required The City Attorney shall be authorized, upon
consultation with, and approval of, the Developer, to determine whether a requested clarification
may be effectuated pursuant to this Section or whether the requested clarification is of such
character to constitute an amendment hereof which requires compliance with the provisions of
Section 15 below The authority to enter into such operating memoranda is hereby delegated to
the City Planning and Building Safety Director, and the City Planning and Building Safety
Director is hereby authorized to execute any operating memoranda hereunder without further
City Council action
143 Certificate of Performance Upon the completion of the Project, or the
completion of development of any parcel within the Project, or upon completion of performance
of this Agreement or its earlier revocation and termination, the City shall provide the Developer,
upon the Developer's request, with a statement ( "Certificate of Performance ") evidencing said
completion or revocation and the release of the Developer from further obligations hereunder,
except for any ongoing obligations hereunder. The Certificate of Performance shall be signed by
the appropriate agents of the Developer and the City and shall be recorded in the official records
of Los Angeles County, California. Such Certificate of Performance is not a notice of
completion as referred to in California Civil Code Section 3093
15 Amendment or Termination by Mutual Consent Except as otherwise set forth herein,
this Agreement may only be amended or terminated, in whole or in part, by mutual consent of
City and the Developer, and upon compliance with the provisions of Government Code Section
65867
16 Indemnification/Defense.
16 1 Indemnification The Developer shall indemnify, defend with counsel
reasonably acceptable to the City, and hold harmless the City and its officers, employees and
agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands,
damages, injunes or judgments ansmg out of, or resulting in any way from, the Developer's
performance pursuant to this Agreement except to the extent such is a result of the City's
negligence or intentional misconduct
Developer shall indemnify, defend with counsel reasonably acceptable to
the City, and hold harmless the City and its officers, employees and agents from and against any
action or proceeding to attack, review, set aside, void or annul this Agreement or the Project
Approvals or any provisions thereof, including without limitation the CEQA determination and
rezoning relating to the Other C -4 Property which is not otherwise the subject of this
Agreement.
05 0797875
44386 \1060366v20 17
162 Defense of Agreement. If the City accepts Developer's indemnification
and defense as provided in Section 16.1 above, the City agrees to and shall timely take all actions
which are necessary or required to uphold the validity and enforceability of this Agreement and
the Applicable Rules. This Section 16 shall survive the termination of this Agreement
17 Time of Essence. Time is of the essence for each provision of this Agreement of which
time is an element
18 Effective Date This Agreement shall become operative on the date the Enablmg
Ordinance becomes effective (the "Effective Date ") pursuant to Government Code Section
36937
19 Notices Any notice shall be in writing and given by delivering the same in person or by
sending the same by registered or certified mail, return receipt requested, with postage prepaid,
by overnight delivery, or by facsimile to the respective mailing addresses, as follows.
If to City City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention City Clerk
With a Copy to. Jenkins & Hogm LLP
Manhattan Towers
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attention Mark D Hensley, Esq
If to Developer Rosecrans- Sepulveda Partners, LLC
c/o Mar Ventures, Inc
2050 West 190th Street, Suite 201
Torrance, CA 90504
Attention Allan W Mackenzie
With a Copy to Continental Development Corporation
2041 Rosecrans Avenue, Suite 265
El Segundo, CA 90245
Attention Leonard E Blakesley, Jr
Comstock Crosser & Associates
321 12th Street, Suite 200
Manhattan Beach, CA 90266
Attention. Daniel D Crosser
Law Offices of Daniel Romano
11661 San Vicente Blvd, Suite 802
Los Angeles, CA 90049
Attention Daniel Romano, Esq
05 0797875
44386 \1060366v20 18
Cox, Castle & Nicholson LLP
2049 Century Park East, Suite 2800
Los Angeles, CA 90067
Attention. Ronald I. Silverman, Esq.
Either City or Developer may change its mailing address at any time by giving written notice of
such change to the other in the manner provided herein at least ten days prior to the date such
change is effected All notices under this Agreement shall be deemed given, received, made or
communicated on the earlier of the date personal delivery is effected or on the delivery date or
attempted delivery date shown on the return receipt, air bill or facsimile.
20. Entire Agreement This Agreement contains the entire agreement between the Parties
regarding the subject matter hereof, and all prior agreements or understandings, oral or written,
are hereby merged herein. This Agreement shall not be amended, except as expressly provided
herein
21, Waiver No waiver of any provision of this Agreement shall constitute a waiver of any
other provision, whether or not similar, nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision No waiver shall be binding, unless it is executed in
writing by a duly authorized representative of the Party against whom enforcement of the waiver
is sought.
22. Severability If any provision of this Agreement is determined by a court of competent
jurisdiction to be mvalid or unenforceable, 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
23. Relationship of the Parties Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an agent of any
other Party in any respect Nothing contained herein or in any document executed in connection
herewith shall be construed as creating the relationship of partners, point ventures or any other
association of any kind or nature between City and Developer, jointly or severally.
24 No Third Party Beneficiaries This Agreement is made and entered into for the sole
benefit of the Parties and their successors in interest No other person or party shall have any
right of action based upon any provision of this Agreement
25 Recordation of Agreement and Amendments This Agreement and any amendment
thereof shall be recorded with the County Recorder of the County of Los Angeles by the City
Clerk of City
26 Cooperation Between City and Developer City and Developer shall execute and deliver
to the other all such other and further instruments and documents as may be reasonably
necessary to carry out the purposes of this Agreement Upon satisfactory performance by
Developer, and subject to the continuing cooperation of the Developer, City will commence and
in a timely manner proceed to complete all steps necessary for the implementation of this
Agreement and development of the Project or Property in accordance with the terms of this
Agreement
05 0797875
44386 \1060366v20 19
27 Rules of Construction. The captions and headings of the various sections and subsections
of this Agreement are for convenience of reference only, and they shall not constitute a part of J{
this Agreement for any other purpose or affect interpretation of the Agreement. Should any UU
provision of this Agreement be found to be in conflict with any provision of the Applicable
Rules or the Project Approvals or the Future Approvals, the provisions of this Agreement shall
control
28 Joint Preparation This Agreement shall be deemed to have been prepared Jointly and
equally by the Parties, and it shall not be construed against any Party on the ground that the Party
prepared the Agreement or caused it to be prepared
29 Governing Law and Venue This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California shall govern its
interpretation and enforcement Any action, suit or proceeding related to, or ansmg from, this
Agreement shall be filed in the appropriate court having jurisdiction in the County of Los
Angeles
30 Attorneys' Fees In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged
breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees
and litigation expenses and costs, and any Judgment, order or decree rendered in such action, suit
or proceeding shall include an award thereof
Attorneys' fees under this Section shall include attorneys' fees on any appeal and any
post judgment proceedings to collector enforce the Judgment This provision is separate and
several and shall survive the merger of this Agreement into any Judgment on this Agreement
31 Counterparts This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which constitute one and the same instrument
32 Weekend/Holiday Dates Whenever any determination is to be made or action to be
taken on a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or
holiday observed by federal savings banks in the State of California, the date for such
determination or action shall be extended to the first business day immediately thereafter
33 Not a Public Dedication Except as otherwise expressly provided herein, nothing herein
contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any
portion thereof, to the general public, for the general public, or for any public use or purpose
whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly
limited to and for the purposes herein expressed for the development of the Project as private
property The Developer shall have the right to prevent or prohibit the use of the Property, or the
Project, or any portion thereof, including common areas and buildings and improvements located
thereon, by any person for any purpose which is not consistent with the development of the
Project Any portion of the Property conveyed to the City by the Developer as provided herein
shall be held and used by the City only for the purposes contemplated herein or otherwise
provided in such conveyance, and the City shall not take or permit to be taken (if within the
power or authority of the City) any action or activity with respect to such portion of the Property
44386 \1060366v20 20 05 0797875
that would deprive the Developer of the material benefits of this Agreement, or would in any a�
manner interfere with the development of the Project as contemplated by this Agreement. l}
05 0797875
44386 \1060366v20 21
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development y
Agreement on the date first above written.
CITY: (j
ATTEST
Ll�dm&w 4
Cindy Mort sen —� V
City Clerk
APPROVED AS TO FORM
By .nj�
Mark D Hensley, City Attorney
CIT`
Lo
DEVELOPER:
,anon
ROSECRANS - SEPULVEDA PARTNERS, LLC,
a California limited liability company
By Mar Torrance Partners, LP,
a Delaware limited partnership
Its: Managing Member
By Mar Ventures, Inc.,
a California corporation
Its Genera Partner
By Allan W Mackenzie
Its President
05 0797875
44386 \1060366v20 22
March 21, 2005
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On March 17, 2005, before Cathy Domann, Deputy City Clerk, personally
appeared Kelly McDowell, Mayor of the City of El Segundo, personally known
to me to be the person whose name is subscribed to on the within instrument,
and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or entity upon behalf of
which the persons acted, executed the instrument
Witness my hand and Official Seal
Cathy aom nn, Deputy City Clerk
C forms \certsig
05 0797875
The Owner, Honeywell International Inc., hereby consents to the recording of this Agreements i
with respect to the Property and agrees to take all steps necessary to cause the Agreement to be
recorded and acknowledges that this Agreement and the Project Approvals represent burdens and
benefits that will run with the land.
OWNER.
HONEYWELL INTERNATIONAL INC,
a Delaware corporation
0
STATE OF CALIFORNIA )
) SS
COUNTY OF neaNe�F )
Its
Its
On PgaayAszr zs , 2005, before me, Aga,n aase;er -e, l , a Notary
Public, personally appeared Piixcar, u+AM M6 -- , 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 me that he /she executed the same in his /her authorized
capacity, and that by his/her 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. i
Signature
(Seal)
STATE OF CALIFORNIA ) BRENT ROBERTSON
S COMM. 01387331
5' S` 1N , : ^ Notary Public- CaMomie N
COUNTY OF O^Ex Nw#26
My Cwnm. Exp Mov 48 VV-VWVV4
On Fe6ruaN egg 2005, before me, S Ii¢_ R. a Notary
Public, personally appeared ° (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 me that he /si�E executed the same in his/ authorized
443860 060366v20 23 05 0797875
443g611060366v20
capaClt, and
which the that by his
person acted, e
executed on the
WITNESS then ns
the went the person, or the ent�
My hand and offcral seal.
lY upon behalf of
24
Sib'natur C
Y
Seal)
45 07 '97875
EXHIBIT A
PROPERTY DESCRIPTION
29 2 ACRE PROPERTY
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14
WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
BEGINNING AT A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS DESCRIBED IN
THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174 AT PAGE 92, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID
EASTERLY LINE, FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE
OF LOT 4 OF TRACT NO 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG SAID EASTERLY LINE AS
FOLLOWS SOUTH 0001' EAST A DISTANCE OF 70 16 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 3050 00 FEET, SOUTHERLY ALONG
SAID CURVE A DISTANCE OF 292 78 FEET, SOUTH 5029' WEST A DISTANCE OF 389 98 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2950 00
FEET, SOUTHERLY ALONG SAID CURVE A DISTANCE OF 283 18 FEET, AND SOUTH 0001' EAST A
DISTANCE OF 3 90 FEET TO THE NORTHERLY LINE OF AFORESAID LOT 4 OF TRACT NO 1314,
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 60041' EAST A DISTANCE OF 5 74
FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE PACIFIC
ELECTRIC LAND COMPANY, RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, RECORDS OF SAID
COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID LAND SO DESCRIBED A PORTION OF
WHICH IS SHOWN ON A MAP FILED FOR RECORD WITH THE DEED RECORDED IN BOOK 6708 PAGE
304 OF SAID DEED RECORDS, SOUTH 70041' EAST, A DISTANCE OF 219 75 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 458 59 FEET, THENCE
EASTERLY ALONG SAID CURVE IN SAID NORTHERLY LINE A DISTANCE OF 475 29 FEET, THENCE
CONTINUING ALONG SAID NORTHERLY LINE OF SAID LAND SO DESCRIBED, NORTH 49 °56'05"
EAST A DISTANCE OF 160141 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH
THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND PASSES THROUGH THE POINT OF
BEGINNING, THENCE NORTH 89059'30" WEST, A DISTANCE OF 1820 11 FEET TO THE POINT OF
BEGINNING
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED IN THE DEED
FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO CHEVRON U S A, INC, A
CALIFORNIA CORPORATION RECORDED OCTOBER 15, 1984, AS INSTRUMENT NO 84- 1233577,
OFFICIAL RECORDS ATTACHED THERETO A RESOLUTION OF THE CITY OF EL SEGUNDO NO 2030
DATED FEBRUARY 11, 1983, APPROVING SAID LOT LINE ADJUSTMENT
8 l ACRE PROPERTY
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14
WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA,
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN
DEED TO THE PACIFIC ELECTRIC LAND COMPANY RECORDED IN BOOK 5839, PAGE 185 OF DEEDS,
WITH A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 18, WHICH PASSES THROUGH A POINT IN THE EASTERLY LINE OF SEPULVEDA
BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK
13174, PAGE 92, OFFICIAL RECORDS, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED
ALONG SAID EASTERLY LINE FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE
44386 \1060366v20 A -1 05 0797875
ffil
NORTHERLY LINE OF LOT 4 F TRACT N 1314, AS PER MAP RECORDED IN BOK 20, PAGE 161 OF
MAPS, T E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE A ONG HE ABOVE
MENTIONED NORTHWESTERLY LINE SOUTH 49 °56'05" WEST A DISTANCE OF 160141 FEET TO THE
BEGINNING OF A TANGENT CURVE IN SAID NORTHWESTERLY LINE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 458 59 FEET, THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF
347 79 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN
BOOK 6706, PAGE 304, OF DEEDS, THENCE ALONG THE NORTHERLY LINE OF SAID LAST
MENTIONED LAND THE FOLLOWING COURSES AND DISTANCES, SOUTH 68 048'25" EAST 98 98 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
421 07 FEET, THENCE EASTERLY ALONG SAID CURVE 390 17 FEET, THENCE TANGENT TO SAID
CURVE AT ITS POINT OF ENDING NORTH 58 °06'05" EAST 172 86 FEET, THENCE NORTH 49 056'05"
EAST A DISTANCE OF 1388 71 FEET TO A POINT WHICH BEARS SOUTH 40 °03'55" EAST FROM THE
POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY LINE, NORTH 40 003'55" WEST 200 FEET
TO THE POINT OF BEGINNING
4 7 ACRE PROPERTY
PARCEL 1, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OF
PARCEL MAP NO 17911, AS PER MAP FILED IN BOOK 269 PAGES 82 THROUGH 84, INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
44386 \1060366v20
A_2 05 0797875
EXHIBIT B
Recording Requested By and
When Recorded Mail To:
Cox, Castle & Nicholson, LLP
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Arm Ronald I Silverman, Esq
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement") is made and
entered into by and between ROSECRANS - SEPULVEDA PARTNERS, LLC, a California
limited liability company ( "Assignor "), and a
( "Assignee ")
RECITALS
A The City of El Segundo ( "City") and Assignor entered into that certain
Development Agreement dated , 2005 (the "Development Agreement "), with
respect to the real property located in the City of El Segundo, State of California more
particularly described in Exhibit "A" attached hereto (the "Project Site "), and
B Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals ")
C Assignor intends to sell, and Assignee intends to purchase that portion, of the
Project Site more particularly described in Exhibit `B" attached hereto (the "Transferred
Property ").
D In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Transferred Property. Assignee desires to accept such assignment
from Assignor and assume the obligations of Assignor under the Development Agreement and
the Project Approvals with respect to the Transferred Property.
THEREFORE, the parties agree as follows.
1 Assigning nt Assignor hereby assigns and transfers to Assignee all of Assignor's
right, title, and interest in and to the Development Agreement and the Project Approvals with
respect to the Transferred Property Assignee hereby accepts such assignment from Assignor.
2 Assumption Assignee expressly assumes and agrees to keep, perform, and fulfill
all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled
by Assignor under the Development Agreement and the Project Approvals with respect to the
44386 \1060366v20 B -1 05 0797875
1�u�
Transferred Property, including but not limited to those obligations specifically allocated to the
Transferred Parcel as set forth on Exhibit "C" attached hereto.
3 Effective Date. The execution by City of the attached receipt for this Agreement
shall be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein This Agreement shall be effective upon its recordation in the
Official Records of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Transferred Property
4 Remainder of Protect Any and all rights or obligations pertaining to such portion
of the Project Site other than the Transferred Property are expressly excluded from the
assignment and assumption provided in Sections I and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth next to their signatures below
"ASSIGNOR"
ROSECRANS- SEPULVEDA PARTNERS, LLC, a
California limited liability company
Date- By.
Its.
By.
Its
"ASSIGNEE"
Date. By,
Its-
05 0797875
44386 \1060366v20 B_2
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the
City of El Segundo on this _ day of ,
STATE OF CALIFORNIA )
) SS
COUNTY OF )
On
CITY OF EL SEGUNDO
M
Planning and Building Safety Director or
Designee
2005, before me,
a Notary
Public, 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 me that he /she executed the same in his/her authorized
capacity, and that by his/her 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
STATE OF CALIFORNIA
COUNTY OF
On
Signature
) SS.
(Seal)
2005, before me, , a Notary
Public, 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 me that he /she executed the same in his/her authorized
capacity, and that by his/her 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
Signature
(Seal)
44386M60366v20 B_3
05 0797875
EXHIBIT C
LIST OF TENANTS ALLOWED WITH LESS THAN
THE MINIMUM 1,500 SQUARE -FOOT TENANT SPACE
Type
Company
Accessories
Kate Spade Collection
Accessories
Furla
Apparel/Family Apparel/Family
Speedo Authentic Fitness
Appar eI /Famil
Beyond the Beach
Apparel/Family Apparel/Family
Cashmere House
Apparel/Family Apparel/Family
Lacoste
Apparel/Women
Geor iou Retail Stores
Apparel/Women
Maternity Works
Appliances/Electronics
Casio
Appliances/Electronics
Bang & Olufsen
Arts /Crafts
Color Me Mine
Bakery
Mrs Beasle 's
Bakery
Cinnabon
Bakery
Mrs Field's Cookies
Beauty Supply
L'Occitane
Beauty Supply
Aveda
Beauty Supply
Aida Grey
Books
Upstart Crow Books & cafe
Candy/Nuts
Ethel M Chocolates
Candy/Nuts
Rocky Mountain Chocolate Factory
Candy/Nuts
See's Candies Inc
Candy/Nuts
Godiva Chocolatier
Cards/Stationery
Montblanc
Cards/Stationery
Papyrus
Cards/Stationery
Card Fever
Coffee /Juices
Gloria Jean's Gourmet Coffees
Coffee /Juices
Tull 's Coffee
Coffee /Juices
Robeks Juice
Coffee /Juices
Kelly's Coffee & Fudge Factory
Coffee /Juices
Market City Caffe
Coffee /Juices
Torrefazione Italia
Coffee /Juices
Jamba Juice
Coffee /Juices
Seattle's Best Coffee
Coffee /Juices
Urth Caffe
Coffee /Juices
Coffee Bean & Tea Leaf
Coffee /Juices
Peet's Coffee & Tea
Coffee /Juices
Diedrich Coffee
Coffee /Juices
Starbucks Coffee
Computers
A le Computer
Computers
Ex etec Biz
Computers
EB Games - Electronics Boutique
Eye Care
Sterling Optical
Eye Care
Sun lass Hut International
Eye Care
Oakley Inc
Health Food
GNC Nutrition Centers
Ice Cream/Yogurt
Haa en -Daz
Ice Cream/Yogurt
Ben & Jerry's Ice Cream
44386 \1060366v20 C -1 05 0797875
6
Type
Company
Ice CreamNo urt
Gelato Classico
Ice CreamNo urt
Cold Stone Creamery
Jewelry
Landau Jewelers
Jewelry
Watch World International
Jewelry
Murata Pearl Company of California
Jewelry
Swatch
Jewelry
Kay Jewelers
Jewelry
Crescent Jewelers
Jewelry
Zales Jewelers
Jewelry
Helzberq Diamonds, Inc
Luggage
LeS ortsac
MusicNideo
Hear Music
Office Furniture
Dansk Design
Photo
Bel Air Camera Inc
Photo
Ritz Camera
Postal Service
Mad Boxes Etc
Postal Service
UPS Store
Postal Service
DHL Worldwide Express
Shoes
Johnston & Murphy
Shoes
Adidas
Shoes
Nine West
Shoes
Tod's Shoes
Shoes
Bostonian Shoes
Shoes
Naturalizer Retail
Shoes
Easy Spirit Shoe
Shoes
Enzo An iolini
Shoes
Aerosoles
Sporting Goods
Hank Lloyd's Orange County Tennis
Sporting Goods
Two Wheels One Planet
Sporting Goods
No Fear
Sporting Goods
Surefoot
Sporting Goods
Jack's Surf Shop
Sporting Sporling Goods
O'Neill Surf Shop
Telephone Store
Star Cellular
Telephone Store
Mobile Systems Wireless
Telephone Store
Air Call Wireless
Telephone Store
Cin ular Wireless
Toys
Puzzle Zoo
44386\ 1060366v20 C_2 05 0797875
EXHIBIT D
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO AND
ROSECRANS - SEPULVEDA PARTNERS, LLC
(AREA A)
DEFINITIONS
Agreement
Approved Plans .
Area A
Building Pad
Certificate of Performance.
City
City Planning and Building Safety Director
City Council
Developer
Development Standards
Effective Date
EIR
Enabling Ordinance
Excusable Delay
Fast Food Restaurant
Food To Go Restaurant
Full Service Restaurant
Future Approvals
General Plan .
Good Faith Compliance
Honeywell
Minor Modifications
Mortgagee .
Notice of Violation
Other C -4 Property
Party/Parties .
Periodic Review
Project
Project Approvals
Project Site
Property
Subsequent Rules
Transferred Property
Whole Foods Period
Section
Introduction
543
12
. . . 422
. 143
.Introduction
541
1 12
Introduction
42
18
14
1 12
10
.4.1 3
4.1 1
.415
52
19
92
Introduction
541
.12
11 1
14
Introduction
91
13
.14
Exhibit B, Recital A
12
53
Exhibit B, Recital C
... 41.2
44386 \1060366v20 D -1 05 0797875
J�
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
The following conditions shall be binding upon Mar Ventures, Inc, the property owner(s) and
their successors in interest, including without limitation occupants of the property The following
conditions for the City of El Segundo's approval of Environmental Assessment No 631,
( "Project
Conditions ") shall be fully complied with as set forth below
All mitigation measures in the Environmental Impact Report which are reflected in the
Mitigation Monitoring and Reporting Program for the proposed Sepulveda /Rosecrans Site
Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development
Reduced Traffic Generation Alternative are incorporated by this reference into these
conditions of approval
DEFINITIONS
2 Unless the contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in these conditions
A "P B S Director' means the City of El Segundo Director of Planning and Building Safety,
or designee
B "EIR" means the Final Environmental Impact Report for the proposed
Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH
No 2003121037), El Segundo, California
C "ESMC" means the El Segundo Municipal Code
D "Project Area' refers to each of the 20 developable lots on the Plaza El Segundo
development Project Site as shown on Vesting Tentative Tract Map No. 061630 which
comprise the Project Site
E "Project Site" refers to the 43 3 -acre site generally located south of Hughes Way, east of
Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue
F "Sepulveda /Rosecrans Rezoning Site" refers to the approximately 110 acres generally
located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and
north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code
Amendment that is being considered concurrently with the land use entitlements for the
Project Area and the Project Site
G Except as otherwise specified in these Conditions of Approval, conditions must be
satisfied before the issuance of a Budding Permit for each budding within the Project
Area
AESTHETICS
3/1/05
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Lighting
3 Before the issuance of the first Budding Permit in the Protect Area, the applicant must
submit a Lighting Master Plan for the Project Area for the review and approval of the P B S
Director and the Police Chief A Lighting Plan (construction drawings) and Photometric
Study, consistent with the Lighting Master Plan must be reviewed and approved by the
P B S Director and the Police Department before the issuance of each Budding Permit and
must be installed before the issuance of each Certificate of Occupancy in the Project Area
The Lighting Plan and Photometric Study must demonstrate that the proposed protect allows
minimum off -site illumination but still complies with Police Department safety requirements
The Lighting Master Plan must include, without limitation
A Specific details for Foot - candle intensity,
B Specific lighting detail for parking areas and structures, pedestrian walkways, and
access ways in and around buildings,
C On -site light fixtures that have been designed to direct the light downward and internal to
the proposed protect site to minimize off -site illumination,
D Specific detail regarding the location, type and height of lighting devices,
E Specific detail to illustrate compliance with the ESMC, and,
F Weather and vandal resistant covers on lighting fixtures
4 Before the issuance of each Certificate of Occupancy, the applicant must provide evidence
to the P B S Director and the Police Chief that outdoor lighting design has been installed in
compliance with the approved Lighting Master Plan for the budding that is the subject of the
Certificate of Occupancy
Materials and Design
Before the issuance of the first Building Permit in the Project Area, the applicant must
submit Final Working Drawings to the P B S Director for design review The applicant must
provide a Budding Materials Sample Board of the materials, colors, and elevation drawings
to be utilized to the P B S Director for review and approval The design review must include,
without limitation, the following design guidelines
A All colors, textures, and materials on exterior elevation(s) must be coordinated to
achieve a continuity of design,
B Exterior building materials must be compatible with developments in the vicinity,
C At least two primary exterior building materials (including, without limitation, stucco,
stone, rock, and brick) must be used throughout the Plaza El Segundo protect,
D The buildings must have contrasting accent features Budding materials must be of non -
reflective coatings and glazings,
3/1/05 2
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
E The plans must demonstrate substantial compliance with plans and conditions approved
and on file with the Planning and Building Safety Department Any subsequent
modification to the project as approved must be referred to the P B S Director for a
determination regarding the need for Planning Commission review of the proposed
modification in accordance with the provisions of the Development Agreement,
F All buildings must be in accordance with the Project Site's Conditions, Covenants and
Restrictions (CC &R's),
G All buildings must utilize energy efficient floor plans and controlled HVAC and heat
generating equipment to reduce energy use for cooling and ventilation,
H All roof - mounted mechanical equipment and communications devices must be hidden
behind building parapets or screens to screen these devices from off -site ground level
view,
I Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells,
generators, and other similar facilities must be screened from view with dense
landscaping and walls of materials and finishes compatible with adjacent buildings,
J Service, storage, maintenance, utilities, loading, and refuse collection and other similar
areas must be located out of the view of public roadways and buildings and screened by
dense landscaping and solid walls, unless the PBS Director determines such is not
practicable No chain link fences may be used for such screening,
K Walls along the north property boundary of the Project Site and walls used to screen
service and storage areas must be of the same materials, colors, and finishes as
adjacent buildings or compatible finishes and colors,
A six -foot high solid wall must be constructed along the southern property line of Lot 15
of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the
eastern edge of the Sepulveda Boulevard right -of -way and along the northern property
line of Lot 19 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet
from the eastern edge of the Sepulveda Boulevard right -of -way A six -foot high wall or a
fence constructed of vinyl chain link or other material must be constructed along the
remaining property lines of the Project Area abutting the Union Pacific Railroad right -of-
way with screening of the right -of -way with the use of landscaping, including, without
limitation, vines, hedges and /or trees to the satisfaction of the P B S Director,
M Chain -link fences are not permitted, except as described above, and as temporary
construction fencing,
N Building design will meet the City's standards for the attenuation of interior noise,
O All service areas must be located so that service vehicles have clear and convenient
access and do not disrupt vehicular and pedestrian circulation,
P No loading will be permitted directly from public streets, except in designated areas as
approved by City P B S Director,
3/1/05
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Q All on -site utility systems including without limitation, water, electricity, gas, sewer and
storm drains, must be installed underground,
R No Certificate of Occupancy may be issued unless there is substantial compliance with
the aforementioned development standards and,
S The Protect Area site plan must be revised to provide sidewalks or other designated
pathways following direct and safe routes from the Park Place right -of -way to buildings H
through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda
Boulevard right -of -way to Building No 2, and any other building that may developed that
is set back more than 200 feet from a public right -of -way, subject to the review and
approval of the P B S Director
Landscaping and Irrigation
6 Before the issuance of the first Building Permit in the Protect Area, the applicant must
submit a Master Landscape and Irrigation Plan for the Protect Area The Master Landscape
and Irrigation Plan must be reviewed and approved by the City P B S Director, the Director
of Recreation and Parks, and the Police Chief Landscaping for each building in the Protect
Area must be installed in accordance with the approved Master Landscape and Irrigation
Plan before the issuance of each Certificate of Occupancy The Master Landscape and
Irrigation Plan must include, without limitation, the following
A All landscaped areas must be provided with a permanent automatic watering or irrigation
system,
B All on -site landscaped areas must be maintained by the owner in a neat and clean
manner at all times,
C All landscaped areas must be designed to ensure efficient access to fire hydrants,
D Dual plumbing must be installed for reclaimed water irrigation,
E All landscaped areas must be irrigated with reclaimed water to the extent reclaimed
water is available for use in the Protect Area Until such time as reclaimed water is made
available, potable water may be utilized for irrigation,
F All landscaping and irrigation must comply with the City's Water Conservation
regulations and Zoning Code requirements,
G All landscaping must be designed to enhance site security in accordance with Police
Department policies,
H All public rights -of -way abutting the site must be landscaped,
I Landscaping that includes trees, vines, and or hedges must be incorporated along
property line walls and fences for screening purposes
J All landscaped areas must include a majority of mature landscaping, including trees that
are a minimum 24 -inch box size, and,
3/1/05 4
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
K Landscaping must be installed along property perimeters and evenly distributed
throughout the employee /customer parking areas
7 Before the issuance of the first Budding Permit in the Protect Area, the applicant must
provide a Landscape Plan and Architectural Plan (i a construction drawings), consistent
with the Master Landscaping Plan, to the P B S Director, Director of Recreation and Parks,
and the Police Chief for review and approval The Landscape Plan and Architectural Plan
must demonstrate that errant nighttime illumination is generally screened from other
potentially sensitive uses, through building design and landscape treatments
8 Where feasible (as determined by the P B S Director), the applicant must comply with the
City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for
Water Conservation in Landscaping Before the issuance of each Budding Permit in the
Protect Area, the applicant's Landscape Plans must be submitted to the P B S Director for
review and approval
Sians
9 Before the issuance of the first Building Permit in the Project Area, the applicant must
submit to the P B S Director for review and approval an overall Master Sign Program for the
Project Area Before the issuance of a Certificate of Occupancy for each building within the
Protect Area, the applicant must submit construction sign plans substantially consistent with
the approved Master Sign Program for the review and approval of the P B S Director
Before the issuance of a Certificate of Occupancy, signs must be installed in accordance
with the approved Master Sign Program The overall Master Sign Program must include,
without limitation
A Compliance with the ESMC,
B Not withstanding any other provisions in the ESMC, a maximum of three freestanding or
pole signs with a maximum height of 35 feet each are permitted along the Sepulveda
Boulevard street frontage of the Project Area,
C Not withstanding any other provisions in the ESMC, a maximum of two freestanding or
pole signs with a maximum height of 25 feet are permitted along the Park Place street
frontages of the Project Area,
D Not withstanding any other provisions in the ESMC, a maximum of two freestanding or
pole signs with a maximum height of 25 feet are permitted along the Allied Way street
frontages of the Project Area,
E Not withstanding any other provisions in the ESMC, no freestanding or pole signs,
except as described in Condition No 10 below, are permitted along the Rosecrans
Avenue frontage of the Protect Area,
F All signs must be architecturally compatible with the proposed buildings,
G All signs must be compatible with the aesthetic objectives of the General Plan, and,
H No sign must impede traffic or pedestrian safety
3/1/05
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
10 Before the issuance of a Certificate of Occupancy for the first budding in the Project Area,
the applicant must construct and maintain a monument sign at the northeast corner of
Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City The sign
is subject to review and approval by the City Council The sign should be compatible with
the design of the Master Sign Program for the Plaza El Segundo development protect
AIR QUALITY
11 During grading and construction, dust control measures must be required in accordance
with the City's Dust Control Ordinance (Chapter 7 -3 of the ESMC) Grading must be
discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15
miles per hour All hauling trucks must have loads covered or wetted and loaded below the
sideboards to minimize dust
12 The South Coast Air Quality Management District (SCAQMD) has promulgated rules and
applicable standards including, without limitation, the following Rule 402 - Nuisances, Rule
403 - Fugitive Dust, and Rule 2202 - On -Road Motor Vehicle Mitigation Options The
applicant must use best management practices in compliance with Rule 402 during the
operation of construction equipment Construction activities must be limited between the
hours of 7 A M to 6 P M , Monday through Saturday, unless such hours are extended
pursuant to a Noise Permit issued by the P B S Director During the construction phase, all
unpaved construction areas must be wetted at least twice daily during excavation, grading,
and construction and temporary covers for stockpiles must be used to reduce dust
emissions by as much as 50 percent The applicant must ensure that all materials
transported off -site will be either sufficiently watered or securely covered in compliance with
Rule 403 Resultant peak daily exhaust emissions from diesel- and gasoline- powered
construction equipment must be monitored to control emission levels that exceed SCAQMD
screening thresholds During construction, trucks and vehicles in loading or unloading
queues must keep their engines off, when not in use, to reduce vehicle emissions
Construction activities must be phased and scheduled to avoid emission peaks, and
construction must be discontinued during first- and second -stage smog alerts On -site
vehicle speed during construction must be limited to 15 mph Before issuance of a Grading
Permit for each Project Area, the applicant must provide a Construction Management Plan
to the P B S Director for review and approval relative to compliance with the appropriate
SCAQMD standards during the construction phase Daily records of construction hours and
activities must be maintained by the applicant throughout the construction phase
ENERGY
13 Before the issuance of a Building Permit in the Project Area, the applicant must provide an
Energy Conservation Plan to the P B S Director for review and approval The Energy
Conservation Plan must incorporate energy conservation features in accordance with the
requirements of the City and State Before the issuance of each Certification of Occupancy,
the applicant must provide evidence to the P B S Director that the approved energy
conservation features have been installed and will be maintained
14 If a substation will be constructed, the Applicant must develop plans, protected loads, and a
master plan for scheduling to the satisfaction of Southern California Edison,
FIRE
3/1/05 6
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
15 Before the issuance of a Building Permit in the Protect Area, the applicant must provide Fire
Life Safety Plans to the P B S Director and the Fire Chief for review and approval, which
include, without limitation, the following
A Fire lanes,
B Fire lane signing,
C Fire lane access easements or other recorded documents to the reasonable satisfaction
of the City Attorney,
D Fire lane accessibility,
E Gas detection systems,
F Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute,
calculated at 20 psi,
G Sprinklers within structures,
H Underground looped fire mains, sprinklers, fire pumps, and fire alarms,
I Emergency generators,
J Any above ground or underground storage tanks including elevator sumps and
condensation tanks,
K Documentation that the on -site fire mains will be maintained, and,
L Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to
the Fire Department that the development complies with the Fire Life Safety Plan, and
that any required easements were properly dedicated and recorded
16 Before the issuance of a Building Permit in the Protect Area, the applicant must develop and
submit an Evacuation Plan and Procedures for review and approval by the Fire Department
Before the issuance of each Certificate of Occupancy, the applicant must provide evidence
to the P B S Director, and the Fire Department that the approved Evacuation Plan and
procedures were implemented or are operational as appropriate
17 Before the issuance of a Grading or Building Permits in the Protect Area, the applicant must
provide a Construction Safety Plan to the P B S Director and Fire Department for review
and approval The Construction Safety Plan must document construction and staff training
procedures to ensure that best management practices during project grading and
construction will be utilized The Construction Safety Plan must identify an awareness
program for the subgrade installation of utilities and the potential for worker exposure to
related emissions, especially during excavation Compliance with this measure must be
verified by the P B S Director before permit issuance
18 Before the issuance of each Building
necessary by the Fire Department and
with approved plans and specifications
3/1/05
Permit in the Protect Area, all hydrants determined
the P B S Director must be installed in accordance
Fire hydrants must be spaced no greater than 300
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
feet apart One private hydrant must be provided for each structure and each structure must
be sprinklered in accordance with the California Budding Code (CBC) and the National Fire
Code (NFC)
19 Before the issuance of a Certificate of Occupancy for each building, the applicant must pay
a Fire Service Mitigation Fee based upon the applicable Fire Service Mitigation Fee in effect
at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 14 per gross
square foot of floor area, but the fee is subject to change Compliance with this measure
must be verified by the P B S Director before issuance of a Certificate of Occupancy for
each building
GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE)
20 Before the issuance of a Grading Permit for the Protect Area or a portion thereof, the
applicant must prepare and submit a Grading Plan for review and approval by the P B S
Director and the Director of Public Works The Grading Plan must include, without limitation
A The Grading Plan must demonstrate compliance with applicable provisions of the ESMC
and City policies and requirements,
B The Grading Plan must show cross sections for any grading purpose and the location of
and extent of existing and planned sewer easements and facilities,
C Grading depths must not encroach upon or damage the existing sewer lines on the
property,
D Haul routes for import/export trucks and other heavy construction related vehicles must
be approved by the Director of Public Works,
E No haul routes may travel through the City of Manhattan Beach during A M or P M
peak hours,
F All grading must be accomplished in accordance with the recommendations of a
independent Geotechnical and Geological Report to be submitted by the applicant and
reviewed and approved by the City,
G The Grading Plan must detail where special restrictions apply due to sod contamination,
if applicable,
H Additional information, as required through the plan check process, must be included as
appropriate,
I Final grading activities must be coordinated with the City Engineer at the time the
Grading Permit is issued, and,
J Compliance with the above measures must be verified by the P B S Director before
issuance of each Certificate of Occupancy
HAZARDS
3/1/05 8
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
21 Before the issuance of a Grading Permit for the Protect Area or a portion thereof, the
applicant must submit documentation from the Los Angeles Regional Water Quality Control
Board ( "LARWQCB ") evidencing approval of completion of the Interim Remediation
Measures and approval of the Final Remedial Action Plan for the Protect Area for the area
covered by the Grading Permit
22 The applicant must comply with any permit requirements imposed by the LARWQCB and /or
the Department of Toxic Substances Control ( "DTSC "), or any other applicable regulatory
agency related to development and /or grading on the site
23 Before the issuance of a Grading Permit, the applicant must provide any appropriate
hazardous materials safety training for all City employees needed to implement the protect
If required, the training must be related specifically to safety issues that may arise during site
grading and construction due to the soil contamination that may exist in the site All training
must be completed to the reasonable satisfaction of the P B S Director, and the Fire Chief
NOISE
24 During the construction phase of the protect, activities will be allowed between the hours of
7 A M to 6 P M , Monday through Saturday, and prohibited at any time on Sundays and
federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the
P B S Director Compliance for the operations phase will meet with the placement,
screening, and maintenance standards for all external mechanical equipment The
proposed protect must be designed to ensure that noise generated by the proposed protect
operations does not exceed the City's noise standards, as established by the ESMC, for on-
site or off -site receptors A noise monitor must be designated according to the relevant
codes Before issuance of a Grading Permit for each Protect Area, the City must designate a
Noise Ordinance Compliance/Verification Monitor Before the issuance of a Budding Permit
for each Protect Area, the applicant's Final Working Drawings must be submitted to the
P B S Director for review and approval relative to compliance with the City's Noise
Ordinance
POLICE /SAFETY
25 Before the issuance of the first Budding Permit, the applicant must submit an overall Security
and Crime Prevention Plan, to the P B S Director and the Police Department for review and
approval, which must address, without limitation, the following
A Lighting,
B Addressing (minimum height of 4" to 24 "),
C Telephones,
D Trash dumpsters (including space for recyclable materials),
E Indoor and outdoor security cameras installed at strategic locations, including employee
and other vehicle parking areas,
F Parking lots and structures,
3/1/05 9
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
G Fences, walls,
H, Security hardware,
Office,
J On -site security personnel,
K Locker rooms,
L An Evacuation Plan and Procedures,
M The employment of security personnel who will monitor and patrol the proposed Project
Site, including employee and other vehicle parking areas, and coordinate with public
safety officials,
N The installation of lighting in entryways, elevators, lobbies, and parking areas designed
to eliminate potential areas of concealment,
O. A diagram of the proposed project, which will include access routes, and any information
that might facilitate emergency response,
P Compliance with all applicable items on Police Department checklist memo dated April
12, 2004, attached as Exhibit F- 1/C -1, with the exception that parking is permitted on the
north side of the Protect Area between the main row of buildings and the northern
property line, and,
Q All Security and Crime Prevention Plan measures must be installed in conformance with
the approved plans and must be operational before the issuance of a Certificate of
Occupancy
26 Before issuance of the first building permits, the applicant must submit a photometric light
study to the Police Department for review and approval
27 Before the issuance of a Certificate of Occupancy for each budding, the applicant must pay
a Police Service Mitigation Fee based upon the applicable Police Service Mitigation Fee in
effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $011 per
gross square foot of floor area, but the fee is subject to change Compliance with this
measure must be verified by the P B S Director before issuance of a Certificate of
Occupancy for each building
PROJECT DESCRIPTION
Plans
28 The City of El Segundo requires development project applicants to prepare and submit Final
Working Drawings for review and approval The applicant must provide Final Working
Drawings that comply with Policies and Requirements and these conditions of approval The
Final Working Drawings must indicate proposed uses, budding sizes and heights, and the
specific location of structures, loading docks, staging areas, parking layout, landscaped
areas and recreational amenities The Final Working Drawings must include vehicular,
3/1/05 10
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
pedestrian and bicycle access, on- and off -site circulation, and linkage to other key elements
in the site vicinity, including the MTA Green Line, The Final Working Drawings must indicate
building materials and architectural design elements that will be utilized in the construction
of the proposed structures The Final Working Drawings must include information on
security lighting and hardware and other detail required for compliance with the City's
security, safety and crime prevention standards The Final Working Drawings must
demonstrate compliance with the California Budding Code, California Mechanical Code,
California Plumbing Code, California Fire Code, California Sign Code, and California
Electrical Code, and approved Fire Life Safety Systems In addition, the Final Working
Drawings must clearly indicate the location of all entrances and exits, including emergency
vehicle access All parcel buildings and structures must be located in proximity to the
proposed parcel lines such that they meet all requirements for exterior wall and opening
protection Additional information, as required through the plan check process, must be
included as appropriate Before the issuance of a Budding Permit for the Project Area, the
applicant must coordinate with all applicable City and applicable County agencies to prepare
and submit Final Working Drawings to be approved by the P B S Director, the Department
of Public Works, the Fire Department and the Police Department Before the issuance of a
Certificate of Occupancy for each building, the applicant must provide evidence to the
P B S Director, the Department of Public Works, the Police Department, and the Fire
Department that Code and policy requirement conditions have been met
29 The Plaza El Segundo development project is allowed to develop up to a maximum of
425,000 square feet consisting of a combination of uses as permitted by the Plaza El
Segundo Reduced Traffic Generation Alternative described in the Final EIR, the C-4 Zone
and as limited by the Development Agreement as long as the total AM, PM peak, daily, and
Saturday midday peak trip generation established in the EIR for the project as a whole is not
exceeded
30 The maximum project size may be reduced as determined by the vehicle trip generation for
each use The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development
project permit the following vehicle trips
MAXIMUM PERMITTED TRIPS
AM
PM
Dail
Daily
Saturday
Midday
Sepulveda /Rosecrans Site
1,033
2,346
25,859
3,379
Rezoning
Plaza El Segundo Development
779
1,477
16,645
2,205
Project
The trip generation for each use and budding must be determined using the rates identified
below, adjusted for internal capture and pass by discount rate consistent with the traffic
study for EA No 631
Shopping Center (per 1,000 sf ) — LU 820
Daily Ln(T) = 0 65 Ln(A) + 5 83
AM Peak Hour Ln(T) = 0 60 Ln(A) + 2 29, I/B =61 %, O/B =39%
PM Peak Hour Ln(T) = 0 66 Ln(A) + 3 40, I/B =48 %, O/B =52%
Saturday Ln(T) = 0 65 Ln(A) + 3 77, I/B =52 %, O/B =48%
3/1/05 11
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Grocery Store (per 1,000 so — LU 850
Daily T = 66 95(A) + 1391 56
AM Peak Hour Ln(T) = 1 70 Ln(A) — 1 42, I/13=61 %, O/B =39%
PM Peak Hour Ln(T) = 0 79 Ln(A) + 3 20, I/B =51 %, 0/13=49%
Saturday Ln(T) = 0 74 Ln(A) + 3 47, I/B =51 1, O/B =49%
Free Standing Discount Store (per 1,000 so — LU 815
Daily T = 56 02(A)
AM Peak Hour T = 0 84 (A), I/13=68 %, 0/13=32%
PM Peak Hour T = 5 06 A), I/13=50 %, 0/13=50%
Saturday T = 7 58 (A), I/13=51 %, 0/13=49%
Electronics Superstore (per 1,000 so — LU 863
Daily T = 45 04 (A)
AM Peak Hour T = 3 46 (A), I/B =53 %, 0/13=47%
PM Peak Hour T = 4 50 (A), I/13=49 %, O/B =51 %
Saturday N /A'
Health Club (per 1,000 so — LU 493
Daily T = 43 0 (A)
AM Peak Hour* T = 3 06 (A), I/6 =58 %, 0/13=42%
PM Peak Hour T = 5 76 (A), I/6 =63 %, 0/13=37%
Saturday [N /A]'
Fast -food Restaurant with Drive- Through Window (per 1,000
so — LU 934
Daily T = 496 12 (A)
AM Peak Hour T = 53 11 (A), I/B =51 %, 0/13=49%
PM Peak Hour T = 34 64 (A), I/B =52 %, 0/6=48%
Saturday T = 59 20 (A), I/13=51 %, O/B =49%
High- Turnover (Sit -Down) Restaurant (per 1,000 so — LU 932
Daily T = 127 15 (A)
AM Peak Hour T = 11 52 (A), I/13=52 %, 0/13=48%
PM Peak Hour T = 10 92 (A), I/13=61 %, 0/13=39%
Saturday T = 20 00 (A), I/B =63 %, O/B =37%
T = trip ends A = building area in 1,000's of square feet
I/B = inbound percentages LU = ITE land use code
O/B = outbound percentages
Sources
Trip Generation, 7th Edition, Institute of Transportation
Engineers, 2003
" Saturday information unavailable — PM Peak hour utilized
31 The City of El Segundo requires development project applicants to prepare and submit a
Construction Management Plan for each Project Area for review and approval by the P B S
Director and Director of Public Works The Construction Management Plan must consider all
stages of construction, including grading, dirt hauling, employee travel, materials delivery,
etc The Construction Management Plan is also required for review and approval by the
P B S Director and Department of Public Works for the installation of any utilities, including
telecommunication utilities, in the public right -of -way Such a plan must include, without
limitation, traffic control measures for any lane closures The Construction Management
Plan must identify the types and approximate number of construction vehicles to be utilized
and must provide haul routes, staging area information and needed road or lane closures
3/1/05 12
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
The plan must include, but not be limited to construction hours, construction trailer locations,
construction and staging areas, construction crew parking, parking /access plan (including
truck haul routes), construction methods and schedules No haul routes are permitted
through the City of Manhattan Beach during A M and P M peak hours All staging areas
must be on -site During construction, the areas of construction must be enclosed by a six -
foot high chain link fence, except those areas that have additional fencing requirements
Gates of site fencing must be located at driveways and must not open over sidewalk/public
right -of -way During construction, trash must be removed from the Protect Site regularly and
promptly At the end of each construction day, all open trenches must be completely closed
or covered, or secured in accordance with Cal OSHA standards All gates and access
points to the construction area must be locked and /or fully secured at the end of
construction each day The applicant must provide a twenty -four hour, every day contact
person /liaison to receive and respond to complaints during construction
32 Before the issuance of a Grading or Building Permit for the Protect Area, the applicant must
provide evidence to the P B S Director that grading or any construction on property or within
easements not owned or controlled by the applicant has been approved by the property
owner or easement holder Separate Grading and /or Budding Permit(s) must be obtained
by the applicant with the easement holder as co- applicant, if needed
33 Before the issuance of a Building Permit for the Protect Area, the applicant must submit
plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair
ramps, and asphalt concrete (A C ) pavement, that must be constructed /reconstructed in the
public right -of -way for any missing public segments /areas on the perimeter of the Project
Site, as reasonably required by the Director of Public Works Any existing driveways and
other paved areas on the perimeter of the Project Site that will not be incorporated into the
development must be removed and replaced with standard curb and sidewalk Before
issuance of a Certificate of Occupancy for the building that is the subject of the Building
Permit, the applicant must install the required public improvements per the approved plans
to the reasonable satisfaction of the Director of Public Works
DEDICATIONS AND FEES
34 The applicant must dedicate approximately 3 47 -acres of the "Protect Site" to the City for the
construction of the extensions of Park Place and Allied Way, as required in Development
Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication
shall occur through and upon recordation of the Final Map
35 The applicant must dedicate approximately 0 50 -acres of the "Protect Site" to the city for
roadway widening along the east side of Sepulveda Boulevard, as required in Development
Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication
shall occur through and upon recordation of the Final Map
36 Before the issuance of a Certificate of Occupancy Permit for each building, the applicant
must pay a Library Service Mitigation Fee based on the applicable Library Service Mitigation
Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is
$0 03 per gross square foot of floor area, but the fee is subject to change Compliance with
this measure must be verified by the P B S Director before issuance of each Certificate of
Occupancy for each budding
3/1/05 13
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
37 The applicant may modify the location of the parcel boundaries as approved on Vesting
Tentative Tract Map No 061630, consistent with the development standards in the C -4
Zone to accommodate the size and location of the individual buildings, before recordation of
Final Tract Map No 061630, provided a maximum of 20 parcels are created
38 Before the recording of the Final Map, the applicant must record a lot tie covenant if any
buildings are to be constructed across existing lot lines or if any budding location does not
meet the development standards of the Commercial Center (C -4) Zone due to the location
of the existing lot lines No Certificates of Occupancy shall be granted for any use or
structure until the recording of the Final Map Accordingly, construction that proceeds
before the recording of the Final Map is done at the Developer's risk that a Certificate of
Occupancy will not be issued
39 After the recording of the Final Map, the applicant must submit a Lot Line Adjustment
application, if necessary, to realign any parcels to match the proposed locations of the
buildings to maintain conformity with the development standards in the ESMC
40 The applicant must maintain all existing easements on the site if the easement is still
required by its grantee
41 The applicant must provide reciprocal access agreements, subject to review and approval
by the City Attorney, between any parcels that do not have independent direct vehicle
access to a public right -of -way Such agreements must be recorded before issuance of any
Certificate of Occupancy for a building on an affected parcel
42 Before the issuance of a Rough Grading Permit for the Project Area, the applicant must
provide funds in trust to the P B S Director to cover the reasonable costs, including City
consultants' and legal costs and fees, of the monitoring of the conditions of approval and
adopted mitigation measures associated with rough grading Before the issuance of a Final
Grading Permit, the applicant must provide funds in trust to the P B S Director to cover the
first year costs, including City consultants' and legal costs and fees, of the monitoring of the
conditions of approval and adopted mitigation measures, not associated with rough grading
Costs may include, without limitation, costs for traffic reviews, stormwater review, biological
resource monitoring, sod remediation review, and review of easements, dedications and
other agreements Costs that would be associated with rough grading do not include costs
for traffic reviews and review of easements and dedications Annually thereafter, the
applicant must replenish funds as deemed necessary by the P B S Director to cover the
reasonable costs, including City consultants' costs for each year The P B S Director, at his
discretion, may hire a consultant to coordinate and monitor compliance
43 Before the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as
the case may be, the applicant must provide evidence to the P B S Director that all adopted
mitigation measures have been or will be implemented pursuant to the project's mitigation
monitoring plan Compliance with this measure must be verified by the P B S Director
CONSTRUCTION REQUIREMENTS
44 All work within the City public right -of -way must be in accordance with the latest edition of
the Standards Specifications for Public Works Construction and City of El Segundo
Standard Specifications No work must be performed in the public right -of -way without first
obtaining a Public Works Encroachment Permit
3/1/05 14
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
45 Before the issuance of a Grading or Budding Permit for the Project Area, the applicant must
provide evidence to the reasonable satisfaction of the P B S Director that all applicable
permits from other agencies have been obtained including, without limitation, LARWQCB,
Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination
Systems (N P D E S) Permit, South Coast Air Quality Management District, and Los Angeles
County Department of Public Works
46 Following the receipt of all requisite permits, the applicant must notify the P B S Director of
the date that construction will commence
47 At such time deemed necessary by the P B S Director, the applicant must provide an on-
site inspection office trailer for the use of City inspection personnel
STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY)
48 The Los Angeles Regional Water Quality Control Board has promulgated rules and
standards including, without limitation, obtaining an NPDES Permit and regulations related
to underground and above ground storage tanks The applicant's compliance with
LARWQCB will ensure compliance with the applicable sections of the California Water Code
(Section 13260), the Clean Water Act, and the Porter - Cologne Water Quality Control Act
The applicant must ensure that any on -site tanks for use in the storage of fuels, wasted oil,
solvents or other chemicals, which are located either above ground or underground, must be
placed, constructed and maintained in accordance with the requirements of the LARWQCB
49 The applicant must adhere to any relevant requirements of the LARWQCB regarding
development of the site The applicant must prepare a Storm Water Pollution Prevention
Plan ( SWPPP) which will demonstrate best management practices relevant to compliance
with LARWQCB requirements and the California General Construction Permit Before the
issuance of a Grading Permit for the proposed project, the applicant must provide a SWPPP
to the LARWQCB, the P B S Director and Fire Department for review and approval relative
to compliance with the provisions and requirements of the LARWQCB Before issuance of a
Budding Permit for each Project Area, the applicant must apply for the appropriate
notifications and /or registrations for any on -site storage tanks The applicant must provide a
copy to the City of the Notice of Intent required by the LARWCCB
50 Before the issuance of a final Grading Permit and /or Budding Permit for each budding in the
Project Area, the applicant must provide a drainage plan for that portion of the Project Area
affected that eliminates pollutants to surface runoff as required by NPDES requirements
The drainage plan must be reviewed and approved by the P B S Director and Director of
Public Works Before the issuance of a Certificate of Occupancy for each building, the
applicant must demonstrate that the drainage plan has been implemented and is effective to
the reasonable satisfaction of the P B S Director and Director of Public Works
51 Before the issuance of a Building Permit for the Project Area, the applicant must provide
evidence to the P B S Director and Director of Public Works that pavement on -site must be
adequately applied to prevent sod erosion Further, paved areas on -site must be regularly
maintained (i e , all cracks repaired and debris removed on a regular basis) to prevent sod
erosion The applicant must install improvements pursuant to the approved plans before
final sign -off of the Permit Before the issuance of a Grading or Budding Permit for each
budding in the Project Area, the applicant must provide evidence to the P B S Director and
3/1/05 15
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Director of Public Works that on -site drainage must be directed to existing storm drains The
applicant must install said improvements per the approved plans before final sign -off of the
Permit
52 Before the issuance of any Grading or Budding Permit for the Project Area, the applicant
must prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence
to the P B S Director and Director of Public Works that the project area that is the subject of
the Grading or Budding Permit complies with City of El Segundo Urban Runoff Pollution
Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban
Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code) The
applicant must install said improvements per the approved plans before final sign -off of the
Permit
53 Before the issuance of a Grading or Building Permit for each building in the Project Area, the
applicant must provide evidence to the P B S Director and Director of Public Works that
A Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles
Flood Control System have been adequately incorporated into the project design,
B On -site catch basins have been designed and constructed to screen out larger matter to
prevent flooding of the project site resulting from debris caught in the drainage canal,
C Drainage channels within parking lot and paved areas have been be designed and
constructed to direct storm water and /or irrigation run -off to collection basins provided
on -site,
D On -site drainage and hydrology improvements have been designed in conformance with
applicable standards of the City of El Segundo and the Los Angeles County Department
of Public Works, including policies in the Public Safety Element of the City's General
Plan,
E The project is in compliance with applicable permit requirements of the Los Angeles
County Department of Public Works or Los Angeles County Flood Control District,
F On -site drainage and hydrology improvements have been designed using the necessary
hydraulic/hydrology and structural calculations required for permitting by the Los
Angeles County of Department of Public Works and,
G All on -site development is consistent with a Hydrology and Drainage Study and the Final
Working Drawings, as approved by the City, and,
H Before the issuance of any subsequent Permit `Final Inspection Approval' for the
proposed project, the applicant must provide evidence to the P B S Director and Public
Works that all the improvements herein have been constructed in compliance with the
appropriate regulations and specifications
TRANSPORTATION /CIRCULATION /PARKING
54 If the Los Angeles Congestion Management Plan (CMP) requires the City to track the
debits /credits associated with development in the City, before the issuance of the first
Budding Permit for the Project Site, the applicant must provide Los Angeles County
3/1/05 16
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for
CMP related improvements, to the P B S Director and Public Works for review and
approval The calculations must include only programs which meet all the minimum criteria
(e g , density) contained in the CMP Before the issuance of a Certificate of Occupancy for
the budding, the applicant must provide evidence to the P B S Director that the proposed
protect CMP debits /credits related improvements were implemented and balanced on the
Protect Site in accordance with the approved phasing plan Compliance with this measure
must be verified by the P B S Director before permit issuance As may be applicable, the
City will give credit for CMP related improvements towards the applicant's traffic mitigation
impact fee, as appropriate
55 Before the issuance of a Building Permit for the Protect Area, the applicant must provide a
Pedestrian Access /Circulation Plan to the P B S Director, Recreation and Parks Director,
and Police Chief for review and approval The Plan must identify the location of pedestrian,
bicycle accesses and indicate linkage to other key elements in the site vicinity, and within
the protect itself, including parking areas, building entrances, bicycle racks, recreational
elements, etc The Plan must reflect a safe movement pattern, which does not significantly
conflict with vehicular movement and parking access areas Before the issuance of a
Certificate of Occupancy for each Protect Area, the applicant must provide evidence to the
P B S Director, Recreation and Parks Director, and Police Chief that the approved
pedestrian and bicycle access features have been installed and will be adequately
maintained per the approved plan
56 Before the issuance of each Budding Permit in the Protect Area, the applicant must submit a
detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for
review and approval by the Director of Public Works, the P B S Director, the Police Chief,
the Fire Chief, and the City's Traffic Engineer Alternatively, such a plan may be submitted
for a number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other The Traffic, Circulation and Parking Plan must
include, without limitation, the following
A An analysis of the estimated traffic generation for the building (s),
B Sight distances for each structure and parking area associated with the building(s),
C An analysis of the traffic volumes at each driveway or intersection associated with the
building(s) in order to determine if any offsite improvements are warranted (i e ,
deceleration lanes, left -turn pockets, new or modified traffic signals, etc ) that were not
analyzed in the EIR due to the approximation of building locations in the EIR,
D Any new traffic signals or modifications to existing traffic signals must be subject to the
review and approval of the Los Angeles County Department of Public Works The
applicant must pay the applicable county costs to provide plan check and inspection
services,
E The applicant must dedicate any on -site land required to accommodate any required
intersection and roadway improvements (e g , deceleration lanes) and the new Park
Place and Allied Way roadway extensions through the recording of the Final Map, which
may be after building permit issuance, but must occur before issuance of a Certificate of
Occupancy for any building in the Protect Area,
3/1/05 17
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
F All truck circulation,
G Customer /employee parking,
H All access points to the protect site, which should be aligned with existing driveways and
intersections where possible,
I Off -site circulation improvements,
J All median modifications, if necessary,
K All dead end aisles eliminated to satisfy City Codes,
L All truck turning radii,
M The location of required loading spaces,
N An analysis that shows the location and the timing of construction of the required parking
for the building or Protect Area,
O Pedestrian crossing areas of the public roadways must be called out on the plans and
appropriately designated,
P All parcels and structures must be connected by an accessible route of travel that meets
the requirements of Title 24 of the California Building Code and,
Q Final site plan approval for each building(s) must be contingent upon fulfillment of the
above traffic design review requirements All Circulation and Parking Plan improvements
which require installation must be installed before the issuance of each Certificate of
Occupancy for the building(s) which are the subject of the Traffic, Circulation and
Parking Plan Compliance with these requirements must be verified by the Director of
Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic
Engineer before the issuance of a Certificate of Occupancy
57 The applicant must install "No Parking" and other traffic signs on the Park Place and Allied
Way roadway extensions, as required by the Public Works Department
58 The applicant must provide handicap accessible pedestrian walkways, with a minimum five-
foot width Any roadways dedicated to the City as public roadways may have handicap
accessible pedestrian walkways within the public right -of -way instead of locating them on
private property
59 Before the issuance of the first Building Permit for the Protect Area, the applicant must
submit Final Working Drawings to the P B S Director for review and approval that shows
that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and
TSM physical requirements have been provided as required by the City All TDM/TSM
physical improvements required by City regulations must be installed before the issuance of
each Certificate of Occupancy
60 Before the construction of the portion of the Park Place roadway for the proposed protect
that would intersect Sepulveda Boulevard and any other improvements on Sepulveda
3/1/05 18
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda
Boulevard as set forth in the EIR The alterations to Sepulveda Boulevard must be in
accordance with relevant Caltrans Encroachment Permit requirements and conditions and
must be shown on the Final Working Drawings The applicant is responsible for the costs of
modifications and construction of all the roadway extensions and widenmgs that will be
dedicated to the City Before the issuance of a "Final Inspection Approval' of the roadway
improvements, the applicant must install the intersection improvements The improvements
must be reviewed and approved by the City Traffic Engineer, and P B S Director
61 Prior to the issuance of a Certificate of Occupancy for any building constructed north of the
Union Pacific/Burlington Northern Santa Fe Railroad right -of -way in the Project Area, the
new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in
accordance with applicable Department of Public Works construction standards for a public
roadway with the minimum dimensions required by the Circulation Element of the El
Segundo General Plan, and must comply with applicable requirements of the Americans
with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting,
drainage plans, and underground utility service, subject to the review and approval of the
Director of Public Works The applicant must be responsible for the design and construction
of the new roadways
62 The applicant must install off -site traffic related mitigation measures as set forth in the EIR
and MMRP at the time when amount of building (floor area or vehicle trips) triggers the
impact for which the mitigation measure is based, as documented in the required Traffic,
Circulation, and Parking Plan
63 Before the issuance of each Building Permit for the Project Area, the applicant must submit
a temporary lane closure plan for review and approval by the Director of Public Work, Fire
Chief and Police Chief if lane closures will be required during construction for a particular
budding to insure construction vehicles, equipment and supplies do not interfere with local
emergency response routes and incidences
64 Driveway entrances must be clearly marked, as well as different areas of the parking lot, to
ensure visiting vehicles do not accidentally enter the truck staging area
65 The applicant must coordinate construction lane closures with the Director of Public Works,
Police Chief and Fire Chief
66 Before the issuance of each Certificate of Occupancy for a building in the Project Area, the
applicant must pay a Traffic Impact Mitigation Fee The amount will be based upon the
adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of
Occupancy
67 Shower and lockers for employees must be provided in sufficient number, as determined by
the P B S Director for each tenant in the Project Area exceeding 50,000 square feet
68 The applicant must submit a Transportation System Management (TSM) Plan, pursuant to
the requirements of Chapter 15 -17 of the ESMC within 90 days of issuance of the first
Certificate of Occupancy in the Project Area
UTILITIES
3/1/05 19
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
69 Before the issuance of the first Budding Permit for the Project Area, the applicant must
provide a Utility Plan to the P B S Director and Public Works for review and approval The
Utility Plan must demonstrate that all on -site utilities, including fiber optic utility lines from
each budding to the public right -of -way, are placed underground The applicant must
assume the costs for the relocation of all utilities, without limitation, light poles, electrical
vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a
Certificate of Occupancy for each budding that is the subject of the Building Permit, the
applicant must provide evidence to the P B S Director and the Director of Public Works that
the approved Utility Plan improvements has been installed and appropriate access provided
per the approved plan
70 Before the issuance of the first Building Permit for the Protect Area, the applicant must
provide evidence to the P B S Director and the Director of Public Works that proposed utility
service improvements will be of a quality reasonably acceptable to the P B S Director The
developer must encourage and promote a high quality, efficient, and sustainable
development through the incorporation and utilization of the best and most cost - effective
electrical, natural gas, communications, sewage handling, water conservation, and solid
waste disposal equipment and systems Compliance with this measure must be verified by
the P B S Director before Building Permit issuance
71 On -site utilities on private property within the project site, including without limitation, storm
drains, stormwater detention basins, water and sewer mains, must be owned and
maintained by the developer and a connection point to a public main established
72 Before the issuance of a budding permit, the applicant must obtain utility easements for the
utilities located on private property within the Protect Area that cross through adjacent
private property and /or utilities that are used or shared by two or more parcels
73 Encroachment Permits for work in the public right -of -way must be obtained from the
Engineering Division of the Public Works Department A Grading Permit is also required
when import or export of dirt exceeds fifty cubic yards
74 Overload permits are required for dirt and material hauling on City streets
75 No material storage is allowed in the public right -of -way except by Encroachment Permit
issued by the Engineering Division of the Public Works Department If material storage is
allowed in the public right -of -way, it must be confined to parkway areas and street parking
areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all
times as determined by the Engineering Division Storage beyond these areas in the public
right -of -way requires prior approval of the Public Works Director and must be limited to a
maximum period of 24 hours
76 Before the issuance of the first Budding Permit for the Protect Area, the applicant must
submit Street and Public Right -of -Way Improvement Plans for review and approval to the
Director of Public Works and P B S Director Said plans must include any required
dedications and sidewalks in accordance with City standards necessary for the budding that
is the subject of the Permit Sidewalks are required on both sides of all public streets within
the Protect Area Before the issuance of a Certificate of Occupancy for each building that is
the subject of the Permit, the applicant must dedicate any required right -of -way and install
all sidewalks in accordance with plans and specifications approved by the City Alternatively,
the applicant may submit Street and Public Right -of -Way Improvement Plans, if required, for
3/1/05 20
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
a Protect Area or a number of buildings at one time if that group of buildings will be
completed within a reasonable time period of each other
77 The Los Angeles County Sanitation District requires a Bwldover Permit for construction over
its sewer easements The applicant must demonstrate through its Grading Plans in the
Protect Area that all alterations to final sewer easements, relocation of sewer manholes, and
rights of way must be in accordance with relevant Bwldover Permit(s) to allow the
construction of the proposed project and other project components over any sewer
easements Before the issuance of the affected Grading Permits for the proposed protect,
the applicant must provide evidence to the P B S Director that any necessary Bwldover
Permit(s) has been obtained or the easement(s) has been relocated
78 Before issuance of the first budding permit in the Project Area, the applicant must inspect
the existing sewer laterals that connect to the City sewer mains in the area with closed
circuit television (CCTV) to determine the condition of the existing infrastructure that will
serve the protect
79 If new sewer laterals are required and constructed in the public right -of -way, they must be a
minimum of six inches inside diameter Material must be 'vitreous clay pipe " Each lateral
must have a six -inch clean -out brought to grade at the property line and securely capped A
B9 size box must be placed around the clean -out for protection The box must have a cover
properly marked with the word "sewer" If in a traffic area, the cover must be traffic
approved All elevations of planned sewer connections must be reviewed and approved by
the Director of Public Works before starting construction Existing sewer laterals must 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 Any required sewer laterals must be
installed before the issuance of a Certificate of Occupancy for the building to be served
80 If any off -site upgrades are required due to changes in the proposed peak demands in
sewer services, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each budding within a Protect Area, the applicant must provide evidence to
the P B S Director that adequate sewer capacity is available to accommodate the budding
that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit
any sewer upgrade plans, if required, for a Protect Area or a number of buildings at one time
if that group of buildings will be completed within a reasonable time period of each other
81 If any off -site upgrades are required due to changes in the proposed peak demands in water
and wastewater service, a program for the implementation of the upgrades must be
provided to demonstrate capacity availability before occupancy Before the issuance of a
Certificate of Occupancy for each building within a Protect Area, the applicant must provide
evidence to the P B S Director that adequate water and wastewater capacity is available to
accommodate the building that is the subject of such Certificate of Occupancy
Alternatively, the applicant may submit any water and wastewater upgrade plans, if required,
for a Project Area or a number of buildings at one time if that group of buildings will be
completed within a reasonable time period of each other
82 Before issuance of a first Certificate of Occupancy for any building in the Protect Area north
of the Union Pacific Railroad right -of -way, the applicant must replace the 15 -inch sewer line
located to the north of the protect site with an 18 -inch sewer line as depicted on the Phase 1
Utility Layout plan
3/1/05 21
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
83 Businesses that generate fats, oils, or greases are required to install grease interceptors
with a minimum 30- minute retention period on appropriate sewer connections
84 Before the issuance of a Certificate of Occupancy for each budding within the Protect Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that the appropriate additional on -site water and wastewater improvements as identified by
the El Segundo Water and Wastewater Division, or an equivalent service provider, have
been installed Such additional measures must include separate services for potable and fire
water systems, a separate water meter for each building, and potable system to be a
combined irrigation and domestic, or separated into domestic and irrigation meters
Separate fire services with double detector check valves and backflow preventers are
required Upon completion of the site plan, the exact size and number of fire lines will be
determined Alternatively, the applicant may submit any improvement plans, if required, for a
number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other
85 If any off -site upgrades are required due to changes in the proposed peak demands for
telecommunication services, a program for the implementation of the upgrades must be
provided to demonstrate capacity availability before occupancy Before issuance of a
Certificate of Occupancy for each building within the Protect Area, the applicant must
provide evidence to the P B S Director and the Director of Public Works that adequate
facilities are available to accommodate the budding that is the subject of such Certificate of
Occupancy Alternatively, the applicant may submit any improvement plans, if required, for
a number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other
86 Before the issuance of a Certificate of Occupancy for each budding within the Protect Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional improvements for on -site telecommunication services as
identified by Pacific Bell, or an equivalent service provider, have been installed to
accommodate the budding that is the subject of such Certificate of Occupancy If the existing
facilities serve adjacent properties, the services may require relocation Alternatively, the
applicant may submit any improvement plans, if required, for a number of buildings at one
time if that group of buildings will be completed within a reasonable time period of each
other
87 If any off -site upgrades are required due to changes in the proposed peak demands in
natural gas service, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each building within the Protect Area, the applicant must provide evidence to
the P.B S Director and the Director of Public Works that adequate facilities are available to
accommodate the building that is the subject of such Certificate of Occupancy Compliance
with this measure must be verified by the P B S Director before permit issuance
Alternatively, the applicant may submit any improvement plans, if required, for a number of
buildings at one time if that group of buildings will be completed within a reasonable time
period of each other
88 Before the issuance of a Certificate of Occupancy for each building within the Protect Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional on -site natural gas service improvements as identified by
3/1/05 22
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
The Gas Company, or an equivalent service provider, have been installed to accommodate
the budding that is the subject of such Certificate of Occupancy Compliance with this
measure must be verified by the P B S Director and before the issuance of the Certificate of
Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a
number of buildings at one time if that group of buildings will be completed within a
reasonable time period of each other
89 If any off -site upgrades are required due to changes in the proposed peak demands for
electrical service, a program for the implementation of the upgrades must be provided to
demonstrate capacity availability before occupancy Before the issuance of a Certificate of
Occupancy for each budding within the Protect Area, the applicant must provide evidence to
the P B S Director and the Director of Public Works that adequate facilities are available to
accommodate the budding that is the subject of such Certificate of Occupancy Alternatively,
the applicant may submit any improvement plans, if required, for a number of buildings at
one time if that group of buildings will be completed within a reasonable time period of each
other
90 Before the issuance of a Certificate of Occupancy for each budding within the Project Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that any appropriate additional on -site electrical service improvements as identified by The
Edison Company, or an equivalent service provider, have been installed to accommodate
the budding that is the subject of such Certificate of Occupancy Alternatively, the applicant
may submit any improvement plans, if required, for a number of buildings at one time if that
group of buildings will be completed within a reasonable time period of each other
WATER
91 Before the issuance of the first Building Permit for each building within the Protect Area, the
applicant must submit Off -site Reclaimed Water Facility Plans to the P B S Director and the
Director of Public Works for review and approval Said plans for the off -site improvements
must include an approval from West Basin Municipal Water District, the supplier of
reclaimed water
92 Before the issuance of a Building Permit for each building within the Project Area, the
applicant must submit Final Working Drawings that incorporate On -site Irrigation Plans to
the P B S Director and the Director of Public Works for review and approval Such plans
must indicate that reclaimed water must be utilized in the irrigation systems for all landscape
areas and other uses, as approved by the Department of Public Works, when available from
the West Basin Municipal Water District or other supplier of reclaimed water Such plans
must include the installation of a dual water line system on -site to accommodate distribution
of potable water for landscaping until reclaimed water for landscaping becomes available for
the Protect Area In addition to the utilization of reclaimed water for irrigation, other water
conservation features such as low -flow devices and automated shut -offs must be included
throughout the Protect Site Water management systems must include both water
conservation and wastewater reduction features
93 Before the issuance of a Certificate of Occupancy for each budding within the Protect Area,
the applicant must provide evidence to the P B S Director and the Director of Public Works
that the connection with the City's reclaimed water system has been provided, the approved
water management systems and water - saving devices have been incorporated into protect
development, and that the water facilities have been installed per the approved plans If the
3/1/05 23
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
water provider is unable to make reclaimed water available before the issuance of the
Certificate of Occupancy, then potable water may be utilized and the Certificate of
Occupancy must be issued
94 The applicant must install a loop water distribution system for the Project Site with service
connections to each of the water mains in the streets surrounding the protect, subject to the
review and approval of the Director of Public Works Before the issuance of each Building
Permit in the Protect Area, the applicant must submit a construction phasing plan for the
water service, which must include, without limitation, how the building which is the subject of
the permit will be connected to the looped water distribution system
95 Before the issuance of a Certificate of Occupancy for each building within the Protect Area,
the applicant must pay the applicable water meter installation fees Compliance with this
measure must be verified by the P B S Director before issuance of the Certificate of
Occupancy
96 Before the issuance of a Budding Permit for each building within the Protect Area, the
applicant must pay the applicable sewer connection fees and charges Compliance with this
measure must be verified by the P B S Director before Permit issuance
97 Before the issuance of the first Certificate of Occupancy for a building in the Project Area,
those areas not already part of County Sanitation District must be annexed to County
Sanitation District No 5
INDEMNIFICATION
98 The Developer must defend, indemnify and hold the City and its elected and appointed
officials, officers, employees and agents harmless from and against any claims, legal or
equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or
liability of whatsoever kind or nature, arising from the City's approval of the project, including
but not limited to the CECA determination, General Plan Amendment, Zoning Code
Amendment and /or the Tentative Tract Map approval
99 Mar Ventures, Inc must acknowledge receipt and acceptance of the Project Conditions by
executing the acknowledgement below
By signing this document, Mar Ventures, Inc certify that they have read, understood, and
agrees to the Project Conditions listed in this document and represents and warrants that it has
the authority to execute this document on behalf of the property owner and acknowledges that
the conditions set forth above shall run with the land and be binding upon all owners and
occupants of the land
Mar Ventures I
By
Allan Mackenzie
Its President
3/1/05 24
CITY COUNCIL ORDINANCE No. 1382 Exhibit "C"
CONDITIONS OF APPROVAL
By _ LoLej'--� [14
Its o TIL -rrC
{If Corporation or similar entity, needs two officer signatures or evidence that one signature
binds the company}
P \Planning & Building Safety\PROJECTS \626 - 650 \EA - 631 \Council Agenda Packetffinal Approved Documents \Honeywell
Conditions of Approval CC RTGA doc
3/1/05 25
CITY COUNCIL RESOLUTION No. 4415 EXHIBIT 1IF -1"
CITY COUNCIL ORDINANCE No, 1382 EXHIBIT "C -1"
City of El Segundo
Inter - Departmental Correspondence
April 12, 2004
To: Jim Hansen, Director of Community, nomic & Development Services
From: Jack Wayt, Chief of Police
Subject: Environmental Assessment EA -No 631
Address 850 S Sepulveda Blvd.
Applicant MAR Ventures
Property Owner, Honeywell, General Chemical, Air Products,
Kramer & Cc and others
The Police Department's has revised some of the comments stated in the
December 10, 2003 memo There is also a revision to the lighting requirements
listed in the Crime Prevention Checklist. The revised Checklist is attached for
your convenience.
As the plans are still in the conceptual stages, it is difficult to make
recommendations until specific businesses or types of business are
identified and studied as to their relationship with one another.
However, in reviewing the schematic master plan, the following are the
preliminary comments from the Police Department
Attached please find a "Crime Prevention Checklist" to use as general, but not
site- specific guidelines
Historically, malls and strips centers where parking spaces are to the rear of
the businesses experience crime problems Consumers and employees are
not comfortable parking and walking in this area because it is remote and
secluded, This leaves the area free for legitimized loitering, thus resulting in
crimes such as rape, robbery, drug transactions, vandalism, theft and
prostitution It is recommended the parking behind buildings Al through A6
be eliminated and moved to the front
o if Al and A6 have glass windows surrounding three sides of these
businesses, the parking spaces that wrap around them could remain
because the windows will provide natural surveillance by store
employees
Door viewers, specifically for fire -rated doors, shall be installed in the rear
entrance /delivery doors of all businesses
"No loitering" signs should be posted along the backside of the buildings
850 S Sepulveda Blvd
Police Department comments
Page Two
• For the employees' personal safety, individual store leases should not require
employees to park in the back during hours of darkness
• Trash dumpsters should be placed away from the back doors of the
businesses to prevent employee theft
• The entire project shall be lighted with a maintained minimum of one
footcandle of light during hours of darkness. See the Crime Prevention
Checklist for details
• A wall shall be used to separate this project from the businesses along
Hughes and Allied Ways
• Depending on the time of delivery, delivery trucks trying to access budding A7
may pose a danger to pedestrians using the rear parking area.
• The plans note stairs in buildings A4 and A7 If the stairs are not contained
within the individual stores, stairwell recommendations listed in the Crime
Prevention Check list may be required
• Where will the delivery doors be located for the restaurants?
• To prevent burglaries, roof ladders should be situated within the individual
businesses
• What type of activity will be occurring at the public amenities /park? How will
this area be secured after hours to prevent loitering?
• The wall along the north side of the property shall continue along the east
property line behind building A -7. This will to keep public amenity users from
parking behind A -7, using the openAvell -lit parking spaces instead.
Traffic Division (Sot Al Graham)
For access, easement and traffic flow during peak hours Allied Way should be
pushed through or propose to be pushed through to Rosecrans. The same
should apply from Sepulveda Blvd. to Allied Way
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
TO. Jim Hansen, Director of Community, Economic & Development Services
FROM: Laurie Risk, Crime Prevention Specialist
SUBJECT: Police Department Crime Prevention & Security Checklist
The following checklist is j_FNFRAI INFORMATION on budding security and crime prevention
issues from the El Segundo Police Department Because each protect is different and unique,
no single list could possibly cover every situation It Is the project designer's responsibility to
obtain specific guidelines from the El Segundo Police on crime prevention as it relates to his/her
speck protect
112NTIN
Each project will require individual lighting needs according to its usage and location (i.e the
different lighting needs between a gas station, Industrial, commercial, light retail, parking lots or
structures, fast food, etc) General lighting guidelines may begin as follows During hours of
darkness, a maintained minimum of one footcandle of light on the ground surface shall be
provided around all sides of any building(s) and parking structure(s), open parking lots, carports
and guest parking Wall packs shall be placed over shipping /receiving doors and trash
dumpsters with one footcandle minimum maintained Aisles, passageways and recesses
related to and within all sides of the building complex shall be illuminated with a maintained
minimum of 25- 50 footcandles during hours of darkness Lighting devices shall be enclosed
and protected by weather and vandal resistant covers
A PHOTOMETRIC STUDY, WHICH INCLUDES ALL SIDES OF THE BUILDING(S),
RECESSED AREAS, SURFACE PARKING LOTS, TRASH ENCLOSURES, DOCK AREAS
AND PARKING STRUCTURE(S), MUST BE PROVIDED PRIOR TO ISSUING THE PERMIT.
THE PHOTOMETRIC STUDY MUST BE POINT -BY -POINT AND INCLUDE THE LIGHT LOSS
FACTOR (.7). LIGHTING LEVELS SHALL BE ADJUSTED ACCORDINGLY TO MEET THE
MINIMUM FOOTCANDLES REQUIREMENTS WITHIN EACH AREA OF THE PROJECT.
AOOR c IN
Depending on the size of the project and Its location In relation to the street, the address needs
may vary from a minimum of 6" to as much as 24" Street numbers should be visible from the
street, of contrasting color to the background and illuminated during hours of darkness Any
budding (residential, commercial, Industrial, retail, etc ) which has alley access, shall have
additional addressing on the alley side The alley addressing shall meet the same requirements
as stated above
Entrances and exits shall be limited to keep control and visibility of the budding
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE TWO
RIKE RA
Y
Bike racks shall be located in a busy, well -lit location This will provide optimum security for
persons and property
IANec _AAW ..
All landscaping shall be low profile around perimeter fencing, windows, doors and entryways
taking special care not to limit visibility and provide climbing access Floral or grass ground
cover is recommended Bushes shall be trimmed to 1 to 2 feet and away from buildings,
Dense bushes should not be clumped together, this provides a hiding place for criminal activity,
Trees should be trimmed up to 7 feet_
AFRAts
Although berms are aesthetically pleasing, they do conceal any natural surveillance into a
facility and its parking lot by patrol and passersby 13erms have always been known to provide
criminals with the opportunity for concealment in order to commit crimes Therefore, berms,
especially those with landscaping on top would not be recommended,
Although berms are aesthetically pleasing, they do conceal natural surveillance into a facility by
passersby and patrol, and they provide criminals with the opportunity for concealment In order
to commit crimes Therefore, berms, especially those with landscaping on top would not be
recommended
All main entry doors (including entry doors from a garage into a residence) shall be of solid core
construction with a minimum thickness of 1 3/4 inches (Commercial, retail and industrial doors
may be constructed of metal, 1 34' thick).
Entry doors shall have a deadbolt locking device The deadbolt throw shall have a
1 -inch projection The cylinder guard shall be of case hardened steel, with the outer edge
angled or tapered and free spinning The exterior part of the lock shall be connected to the
inside portion of the lock with bolts at least 1/4 inch in diameter and constructed of steel The
locking mechanism shall contain a minimum of a 5 -pin tumbler
Main entry doors with glass constructed in or within 40 inches (including windows along the side
of the entry door) of the locking mechanism should either reverse the swing of the door if a
window is positioned within 40 inches of the locking mechanism, OR reverse the positron of the
window to be opposite the locking mechanism, OR all glass should be replaced with
polycarbonate materials, or of fully tempered glass, or rated burglary resistant glazing
All doors accessible from a corridor shall be of solid core construction and be equipped with a
deadbolt lock
A panoramic door viewer (180 -190 degrees) shall be installed in each main entry door, delivery
doors and entry doors off a corridor or hallway
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE THREE
Strike plates shall be made with a minimum 16 U S gauge steel, bronze or brass and secured
to the jamb by a minimum of two screws, off -set and which must penetrate at least 2 inches into
solid backing beyond the surface to which the strike plate is attached
Sliding glass doors shall have a secondary locking device (i a locked by a key or a
twistingttuming device /Charlie bar) This device shall Irmit any up and down or sideways
movement while the window is in the closed /locked position
Double or french doors shall have a secondary locking device, such as a cane or flush bolt in
addition to a deadbolt The inactive leaf of double door(s) shall be equipped with metal flush
bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame
A latch guard shall be placed over double glass entry doors
eER)MET R WALLS OR F N _IN .
Perimeter walls shall be a minimum height of 6 feet street side and of solid construction Walls
shall limit climbing access (i a concrete walls shall not have vaned sections were decorative
blocks allow for stepping over the wail or part of the wall consists of wrought iron). Wood,
wrought iron, steel tubular or mesh perimeters shall be 6 feet high and all horizontal members
shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used,
the horizontal members shall run along the top and bottom portion of the fence Wrought iron
or steel tubular fencing is always recommended around a perimeter as it provides maximum
visibility Chainlink fencing shall not have plastic or metal slats weaved within it This limits
visibility into the facility
TRASH DL/MPSTERS
Trash dumpsters shalt be enclosed with wrought iron or steel tubular fencing. All dumpsters not
enclosed this way shall be constructed in a way which fully encloses the dumpster (roofing
connected to the side walls) Fencing shall be locked and a wall pack or light standard directly
over the dumpster This will provide employees maximum visibility when they are taking out
trash during hours of darkness
FMPI OYFE PARK/NC.
As internal theft is a large percentage of the loss to industry, employee parking should not be
located by shipping /receiving docks or dumpsters
FYT MOR LAMERR
Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of 10 feet This covering shall be locked against the ladder with a case- hardened hasp,
secured with non - removable screws or bolts Hinges on the cover will be provided with non -
removable pins when using pin -type hinges If a padlock is used, it shall have a hardened steel
shackle, locking at both heel and toe, and a minimum 5- pin tumbler operation with a non -
removable key when in an unlocked position
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE FOUR
QQCX AREA
Loading docks shall have wall packs placed directly over the roll -up door Roll -up doors)
should have two interior locking devices located on each side of the door (padlocks or cane
bolts can be used)
Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s)
should have two interior locking devices located on each side of the door (padlocks or cane
bolts can be used) A 1" x 5" vision panel can be installed in the roll -up door
PARKING LQTS AND PARKING STR K!T IR S
Entry and exit should be limited to one area for control and observation If there is more than
one entry or exit, a card access system should be used.
A perimeter wall or fencing should fully enclose the first floor to limit access
A transitional lighting plan shall be established, with every level therein Lighting fixtures shall
be placed over vehicles vs down aisles Florescent, high - pressure sodium or mercury vapor
lighting is recommended.
Condo parking Units having common parking should have numbered or lettered spaces, which
do not correspond to the unit number
Parking structures with numerous parking levels extended below the ground floor inhibit police
patrol from dispatching additional units for help when dealing with criminal activity Parking
structures shall be designed in such a way as to incorporate communication that will enhance
two-way radio transmissions
Wherever possible, elevators and stairs shall be located on the perimeter to permit natural
surveillance from exterior public areas via glass back elevators and glass around stairs and
elevator lobbies Openness will enhance natural surveillance and provide natural ventilation
Openness on two sides would be an acceptable minimum, four sides is preferable
Exit doors from the parking structure should be "Emergency Only" with panic hardware There
should be no hardware on the exterior
L inhfina of Parkins ,c n, _t am
REVISED Passing from light to dark areas creates a problem for drivers because of the eye's
inability to adjust rapidly Therefore, a transitional lighting plan within the parking structure shall
be established with a maintained minimum of two footcandles of light on the ground surface
Light must be put into the edges of parking stalls rather than just onto driving aisles Lighting
fixtures should be placed over vehicles vs down aisles Florescent, high- pressure sodium or
mercury vapor lighting is recommended
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE FIVE
Passing from light to dark areas creates a problem for drivers because of the eye's inability to
adjust rapidly It is also imperative to get light into the edges of parking stalls rather than lust
onto driving aisles A transitional lighting plan within the parking structure shall be established
with a minimum maintained of two foot candles of light on the surface
White staining concrete is a cost- effective method of increasing general brightness, and when
applied to ceilings, walls and beam soffits, reflects light, thereby increasing uniformity and
creating a sense of well -being
S/TF DIRFCTDRY
Large complexes such as, but not limited to, hotels shall have a site directory placed at
entrances, stairwells, elevators, in courtyards and in parking lots. Appropriate room numbering
and lettering shall be affixed to the budding
Directories located at entrances and In parking lots shall be large enough for patrol and guests
seated in a car to read
PQQL AR A
Pool area shall be enclosed with barred fencing, a mitrlmum of 6 feet high for safety and
visibility
TF/ FP►O
Public phones shall not be located in a remote area of the project Such locations encourage
loitering and drug transactions Public telephones shall be "call out" only
SteCIMITY CAMICRAS
Security cameras should be placed, monitored and recorded by shipping, receiving dock areas,
cash handling areas, counting areas, vital access doors, parking lots, cash registers, drive -up
windows and dnveways and ANY OTHER AREAS DEEMED NECESSARY
Cameras should monitor and record, vehicle occupants and the license plate number as they
enter /exit, vital access doors, loading docks and lobbies
Al_ ARMS A PANIC ALARMS
Panic/robbery alarms shall be installed in, but not limited to, all cash handling areas, registers,
box offices, cash counting areas, reception desks or guest counters,
Contractors who install home security alarms systems, be they audible or monitored by a
security company, shall inform the perspective residents that an alarm permit is required by the
City of El Segundo and a False Alarm Ordinance is enforced by the El Segundo Police
Department
SFr I ITYPFRSONNF
Security personnel may be requested to be stationed in certain areas of the protect to provide
additional or necessary security
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE SIX
SAFES OR QW&TPA CACHE DROPS
Counter cache units should be installed by registers and a safe in the manager's office All
safes should be anchored in concrete and cache drops anchored to the counter
Signs should be placed on front doors stating the premise has a time drop safe or counter
cache drop in use
cool ERS
All coolers shall be equipped with an anterior unlocking or release mechanism in the event
employees are locked inside during a robbery
Al ItII ET ES►STANT ENCLOSURES
Depending on the protect, bullet resistant enclosures may be required
PL►RLIC_ RESTROOMS
Public restrooms should be locked, Entrance can be made by asking for a token or key
O ITDOOR B N _HES AND TAR FS
Outdoor benches and tables should be constructed in such a way (curved) as to limit the
number of people seated at one time or for long periods of time This will discourage loitering,
These benches and tables should be positioned in such a way as to provide natural surveillance
of the parking lots
All cash registers shall be dearly visible from the street and bolted down to the counter
MERCHANDISE GONDOLAR
Aisles between gondolas shall be designed so that personnel can dearly see in all directions
Gondolas shall not be so high as to obstruct personnel's view of interior
SEATING WA I c
Decorative seating walls shall be no higher than 3 feet and should be angled and constructed of
matenal which limits sitting time and deters loitering
MENU ORDER ROARDS
Menu order boards should be elevated approximately 2 -3 feet Round tube steel pipes should
be used as support beams
CASHIER STATIONS
Depending on the project, certain cashier stations should be elevated for maximum visibility
ATMs
ATMs shall follow those set forth per the California guidelines
EL SEGUNDO POLICE DEPARTMENT
CRIME PREVENTION /SECURITY CHECKLIST
PAGE SEVEN
HOTEL KEY QARD RYSTEW
Hotels/motels shall install a changeable electronic key card locking system for guest room and
specific rooms (i a laundry, gymnasium, etc)
g I77.f�, M ENTRY
Depending on the project, a buzz -in system may be required to secure specific areas or
lobbies
LOyINT R TOP FOR CASH REGISTER ORS R14 _ DESKS
Counter tops for cash registers and service -type desks with a smooth finish such as glass,
polished granite or marble enables evidence technicians to lift fingerprints and palm prints after
a crime has been committed
The landscaping around the island of the booth shall be ground ever only
The booth shall be lit on all sides with a minimum of one footcandle of light. The lighting shall
be installed and angled out in such a way that a does not present a glare on the glass limiting
the attendant's visibility to the immediate surrounding area or out to the street
A mirror shall be installed on the interior of the booth This will allow the attendant to see who
may be coming from behind them.
A camera(s) should be installed The camera(s) should be angled in such a way as to capture
license plate numbers and facial images as the guests are conversing with the parking
attendant
A drop safe/time release safe should be installed Signs should then be posted that state a
"DROP SAFE (OR TIME RELEASED SAFE) IN USE-
If the attendant is taking in tokens and parking tickets only, signs should be posted stating "NO
CASH EXCHANGED /TOKENS OR TICKETS ONLY"
The attendant should have a radio, phone or panic alarm in which to make contact with security
personnel in the event of an emergency
Issues which the Traffic Division would be concerned with, but are not limited to an adequate
number of parking spaces per users, location of loading dock areas in relation to project traffic
flow or street traffic flow, the project's impact on street traffic (i e additional signals, traffic,
signage, etc ), driveways, ingress and egress locations
4/04