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1998 DEC 01 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a 4 check mark beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council maybe directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give - Your name and address and the organization you represent, if 'desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows 001 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 Hill v City of El Segundo, LASC Case No YC 030986 Fenw>ck v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles No BSO44667 El Segundo v Kilroy, LASC Case No YC 031166 Solis v City of El Segundo, LASC Case No YC 029626 City of Los Angeles v El Segundo, LASC No BC034185 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -3- potential case (no further public statement is required at this time), In>tiat>on of litigation pursuant to Gov't Code §54956 9(c) -4- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE I� -ZS `JY- TIME 9' © 0 4.1h NAME�� . 1201985p 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items The Public can participate In the discussion of any Item listed on the Agenda To facilitate your presentation, please place a q check mark beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in leneth In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 1998 — 7:00 P.M. Next Resolution #4101 Next Ordinance #1290 CALL TO ORDER INVOCATION —Rabbi Leon Kahane, Temple Rodeph Shalom of El Segundo PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick PRESENTATIONS — (a) Introduction and crowning of Queen and Princess representing El Segundo in the Sister City Association Recommendation — Council to crown Queen and Princess. 0 03 (b) Commendation to Eugene Keener for his valuable contribution as a volunteer, and invitation to all citizens to loin the City Council in recognizing Eugene Keener as the El Segundo Police Department's RSVP of the Year (c) Proclamation for the dedication of the Roller Hockey Rink at El Segundo Recreation & Parks and an invitation to all residents to attend the dedication ceremony at 10 00 a in , December 5, 1998 (d) Proclamation for the dedication of the newly renovated Parking Lot on the Southwest comer at Main Street and Manposa Avenue in El Segundo, and invitation to all residents to attend the dedication ceremony at 3 30 p in, Thursday, December 3, 1998 (e) Request by the Chamber of Commerce for City assistance and support of (1) the Tree Lighting in the Civic Center Plaza on Thursday, December 10, 1998 from 5 00 -5 30 p m , (2) the Santa's Village in the Civic Center Plaza on Sunday, December 13, 1998 from noon to 2 00 p in, and (3) the 35`h Annual Holiday Parade entitled "Holiday Dreams Can Come True" on Sunday, December 13, 1998 at 2 00 p in on Main Street Recommendation — Approval to provide the same level of support as in the past and presentation of proclamation to the Chamber of Commerce and invitation to the community to attend the three events. (f) Commendations to members of the Senior Task Force in recognition of their service to the City (to be presented after Council receives the Senior Task Force Report) ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS — Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self - storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6 ) Address- 700 South Douglas Street Applicant Everest Storage Recommendation — 1) Open Public Hearing; 2) Continue Public Hearing at applicant's request until February 2, 1999; and /or 3) Other possible action /direction. 0G 4 2 Continued Public Hearing on the proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning Code 1) Signs; and, 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of El Segundo The Amplified Sound Permit amendments will not be discussed. They will be re- agendized and re- noticed for a public hearing to be held at Recommendation — 1) Hold Continued Public Hearing; 2) Discussion; 3) First reading of Ordinance for Sign Amendments only (by title only); 4) Schedule Second Reading of Sign Amendment Ordinance on December 15, 1998; and/or 5) Other possible action /direction. Public Hearing to pre- Approve eight (8) public facility sites which could accommodate Major and/or Minor Wireless Communication Facilities (WCF) Environmental Assessment (EA -403A, Address Various (see Table 1 to Staff Report), Applicant City of El Segundo, Property Owners City of El Segundo, El Segundo Unified School District, West Basin Municipal Water District and Los Angeles County Fiscal Impact Potential Revenue Source for City Recommendation — 1) Hold Public Hearing; 2) Discussion; 3) Adopt City Council Resolution No. _, approving eight (8) public facility sites for WCF and adopting a Mitigated Negative Declaration; and/or, 4) Other possible action /direction. C. UNFINISHED BUSINESS — 4 Preliminary Design Study for City Groundwater Development Program and authorization to initiate real estate acquisition process (fiscal impact = $63,539 73) Recommendation — 1) Conceptually approve the Study. 2) Appropriate funds and approve payment of $32,539.73 for costs connected to changing location of test well. 3) Direct staff to initiate the process for identification of site(s) consistent with the study. 4) Appropriate $31,000.00 from Water Fund Reserves. 5) Approve proposal from Robert Bein, William Frost and Associates (RBF) for $31,000.00 with authorization to execute the necessary consultant contract. D. REPORTS OF COMMITTEES, BOARDS AND Final Recommendations of the Senior Task Force (Fiscal Imroact $2,200) Recommendation — Receive and file the Senior Task Force Report and possible direction to staff and appropriate $2,200 from unappropriated reserves to implement Task Force recommendations. 005 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2253466- 2253758 on Demand Register Summary Number 09 in total amount of $862,237 04 and Wire Transfers in the amount of $184,456 44 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 11/10/98 to 11/23/98. 7 City Council meeting minutes of November 17 1998 Recommendation - Approval. Examination plan for the Personnel Merit System lob classification of Police Cadet Recommendation — Approve the examination plan. Acceptance of the 1997 -98 slurry seal application at various locations Specifications No PW 97 -28 (final contract amount $82,415 35) Recommendation — 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 10 Award of contract for trenchless rehabilitation of sewer mains to Preussag Pipe Rehabilrthatron — Protect No PW 98 -6 (contract amount = $112,163 50) Recommendation — 1) Award contract to Preussag Pipe Rehabilitation in the amount of $112,163.50. 2) Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 11 Award contract to Sturgeon General for the cleaning of air conditioning duct work in the City Librar — Project No PW 98 -9 (contract amount $14,407 00) Recommendation — 1) Award contract to the lowest responsible bidder, Sturgeon General, in the amount of $14,407.00. 2) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. 12 Lease agreement between the City of El Segundo and R G Simpson Construction to lease a portion of City property at 630 South Douglas Street (One -time revenue of $4,600 00) Recommendation — Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City. 006 13 Proposal that the City of El Segundo 1) extend contract #2601 with WMM Associates to contract for an architectural design survey and geotechnical investigations for the proposed site of the El Segundo Public Safety Communications Center for a cost not to exceed $25,740 00 subject to City Attorney approval or 2) contract directly with technical consultants to perform these services Recommendation — Approve staffs recommendation to extend WMM Associates contract #2601 by amending their scope of duties and funding schedule to include a field survey and mapping, as well as a geotechnical investigation and inspection services in an amount not to exceed $25,740, subject to City Attorney approval; or if agreement cannot be reached, to contract directly with technical consultants to perform these services. 14 Resolution approving the City of Chino's admittance to the ICRMA, changes to the Joint Powers Agreement Bylaws and confirmation of City's representatives Recommendation — 1) Adopt Resolution. 2) Approve changes to Joint Powers Agreement. 3) Confirm City's representatives. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER —NONE G. NEW BUSINESS - CITY ATTORNEY — 15 Receive and file item regarding a Risk Management Committee to review City contract and insurance issues Recommendation — Receive and file item regarding review of City contract and insurance issues. H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell — 16 Reduction of Fee Required to Appeal Zoning Decisions Concerning a Citizen's Principal Residence Recommendation — Discussion and possible action. Councilmember-Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon - NONE 007 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et M ) for the purposes of conferring with the City's Real Property Negotiator, and /or confemng with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in, December 1, 1998 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE / / d S C7 TIME : O o Q m . NAME 120198ag 008 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE November 18, 1998 TO Mary Strenn City Manager FROM Ed Schroder Director of Public Works SUBJECT Potential Conflict of Interest Items - City Council Meeting of December 1, 1998 Is the project within 300 feet of a business or property owned by a City Council member? Consent Agenda Item Mayor Mike Gordon Mayor Pro Tern Sandra Jacobs Council Member Nancy Wemick Council Member John Gaines Council Member Kelly McDowell Award contract for trenchless rehabilitation of 18" sewer No Yes No No No main in easement west of Virginia Street, and 17 sewer main in Loma Vista Street from 398' north of Grand Avenue to Holly Avenue, and in Holly Avenue from Loma Vista Street to Valley Street Award contract for refurbishment and cleaning of air No No No No No conditioning duct work in the City Library ES dr cc Ed Schroder. Director of Public Works N WEIVIMCONFLICT DEC 009 November 9, 1998 The Honorable Mayor Mike Gordon Members of City Council City of El Segundo 350 Main Street El Segundo, CA 90245 RE 1998 Annual Hoiday Parade, Santa's Village and Treelighting Dear Mayor Gordon and Council Members �-NEL I � 1998 ,,I �' MANAGLRS OFFICE On behalf of the Chamber of Commerce Special Events Committee I am requesting placement on the November 17th City Council Agenda to seek support and co- sponsorship of the 35th Annual Holiday Parade and related activities as outlined herein The parade this year, with its theme "Holiday Dreams Can Come True" will be held at 2:00 PM Sunday, December 13th down the full length of Main Street. Santa's Village has been scheduled from 12.00 noon to 2:00 PM at the Civic Center Plaza the same day, prior to the parade. The Tree Lighting will take place at Civic Center Plaza on Thursday, December 10th from 5:00 to 5:30 PM For the Parade, the City's level of co- sponsorship generally includes traffic control and monitoring along the parade route; street closure, and the procurement and set -up of equipment needs such as the Grandstand, with chairs for dignitary seating and P..A. System for the parade announcer a'As; cugto1h#ry;•iw$ wbuld £lztrh uite &tt&W61gtle:prka Miite follo wmg e event For the Treelighting, we will need the P A System, microphones and risers for entertainment, the podium, 6 tables, chairs and a canopy, which will supply the Jetsetters' refreshment booth and the Methodist Church Handbell Choir We invite the City Council and other dignitaries to ride in the Parade and to participate in the Treelighting Further information will be given to you closer to the parade date regarding the cars We also invite you to our Annual Holiday Mixer at First Coastal Bank, 275 Main Street, on December 10th at 5:30 PM, immediately following the Treelighting ceremony We are very excited about continuing these community traditions and thank you for your support in ensuring their success Sincerely, William T. Mason, President C: \wnwin \cofc \holiday.98a 0 l 0 EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322 -1220 • FAX (310) 322 -6880 Inter - Departmental Correspondence November 20, 1998 To: Mary Strenn, City Manager From: Tim Grimmond, Chief of Police Subject: 1998 Holiday Parade The annual Holiday parade will be held on Sunday, December 13, 1998 As in past years, the parade route will travel along Main Street southbound between Imperial Avenue and El Segundo Boulevard To support this event, various city departments are required to staff and /or provide equipment Included are members from the police department's Traffic Division, Street Department, and Recreation and Parks Additional City support entails such tasks as posting of streets, barricade placement, and stage delivery These and other ancillary duties are completed during the workweek prior to the event EVENT MANPOWER POLICE DEPARTMENT Traffic Sergeant Motor Officers (4) Cadets (3) RSVP's STREET DEPARTMENT Personnel Sweeper Barricades (1200 — 1700 Hours) RECREATION AND PARKS Personnel Cable TV Coverage Sound Technician Shuttle Van FIRE DEPARTMENT No unusual costs associated with the event Attachment Oil a4r of �G eS'ey�ndo Inter - Departmental Correspondence November 20, 1998 To: Mary Strenn, City Manager From: Tim Grimmond, Chief of Police Subject: Annual Holiday Treelightmg The annual Holiday Treelighting ceremony will take place on Thursday, December 10,1998, from 1700 to 1730 Hours The R S V P's will handle crowd control No police services will be required Attachment 012 EL SEGUNDO CITY COUNCIL MEETING DATE: 01 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6) Address 700 South Douglas Street Applicant Everest Storage RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Continue Public Hearing at applicant's request until 02 February 1999, and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND- The City Council Public Hearing was originally noticed and scheduled for 3 November 1998, assuming that at its immediately preceding meeting -- on 22 October 1998, the Planning Commission would take action However, at the applicant's request, the Planning Commission did not take action at its scheduled meeting, and instead Continued the item until the next regularly scheduled (12 November 1998) meeting The applicant has requested a second Continuance, which will regrettably delay the Planning Commission's review until 10 December 1998 — its next regularly scheduled meeting As a result, the City Council Public Hearing should also be Continued to its meeting on 02 February 1999, so as to allow the Planning Commission the opportunity to fully discuss and make a recommendation to the City Council and to allow for the possibility of an additional extension request prior to the Planning Commission hearing The applicant has requested the Continuance as they still have unresolved issues related to staff's recommended conditions related to the future Douglas Street extension DISCUSSION: The application requests approval of the above referenced applications to convert the use of a Southern California Edison utility right -of -way from its most recent use as a landscape nursery to a self storage facility The requested applications would add The Aviation Specific Plan as a new land use designation in the General Plan and Zoning Code The proposed Aviation Specific Plan would establish new permitted uses and development standards for the project area which would supercede the existing Open Space standards ATTACHED SUPPORTING DOCUMENTS: Letter from the applicant requesting Continuance, dated 02 November 1998 FISCAL IMPACT: None ORIGINATED. Date: 19 November 1998 BretB Bernard, ?PDtirector At of Planning and Building Safety REVIEWED BY: Date: 013 1,-1& p \prgects\426- 450 \ea427\ea427 -2 als 1 EvEREST STORAGE, LLC 199 SOUTH Los Roam Avzmx, Suin 440 • PAsADENA, CALTrom& 91101 TEL (626) 5855920 • FAx (626) 585-5929 November 2,1998 Mr. Bret B. Bernard Director of Planning and Building Safety City of El Segundo 350 Main Street El Segundo, CA 90245 VIA FACSIMILE: 310 -322 -4167 Re: EA427, GPA 97.4, Zone Change 97-3 and Zone Text Amendment 98-6 Everest Storage, LLC 700 South .Douglas Street Southern California Edison Right-of-Way Dear Mr. Bernard, As the applicant in this matter, I am requesting another continuance of our Planning Commission hearing from November 12,1998 to the next regularly scheduled meeting. This will allow us more time to work with staff on various items in the staff report. Thank you for your consideration in this regard. Very Carl D. Beckmann President Everest Storage, LLC Ce; Pat Stitzenberger E: dual evaWnBNProI �WoP�� 'ixdaNcotmsywndm,calbema,d! 02096 014 EL SEGUNDO CITY COUNCIL MEETING DATE. 01 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Soecial Orders of Business - Public Heanno Continued Public Hearing on the proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning Code 1) Signs, and, 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of EI Segundo The Amplified Sound Permit amendments will not be discussed They will be re- agendized and re- noticed for a public hearing to be held at a future date. COUNCIL ACTION: 1) Hold Continued Public Hearing, 2) Discussion, 3) First reading of Ordinance for Sign Amendments only (by title only), 4) Schedule Second reading of Sign Amendment Ordinance on 15 December 1998, and /or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND. On November 18 and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, and November 3 and 4, 1998, the City Council held Continued Public Hearings on the above referenced Amendments On November 4, the Council discussed Signs and Amplified Sound Permits and provided direction to Staff to prepare additional revisions to the Sign Code The City Council also formed a Council subcommittee to meet separately to review modifications to the Entertainment Regulations and the Amplified Sound Permit process These will be considered at some future date DISCUSSION: Signs - Revise Sign requirements, including political signs (GPA & ZTA) On November 4, 1998, the City Council reached a consensus on the four of the five remaining revisions to the Sign Code, which the Council had directed Staff to revise on October 20, 1998 These included revisions to 1) Announcement Signs, 2) Construction Signs, 3) Real Estate Signs, and, 4) Abandoned Signs The Council did not reach consensus on the revised draft text for Murals and Works of Art at that time The Council directed Staff to revise the draft text to address the use of registered trademark in murals Additionally, the Council directed Staff to incorporate other revisions, as outlined in a memo from the City Manager to Council, dated November 4, 1998, with respect to 1) time period to review Sign Permits, 2) signs in non - residential zones, 3) works of art, 4) building addressing and identification signs, and, 5) prohibited signs (continued on next page ) ATTACHED SUPPORTING DOCUMENTS- 1 draft Ordinance No 2 (draft) ZTA's, dated December 1, 1998 - Exhibit 1 3 Memo from Mary Strenn to Council, dated November 4, 1998 FISCAL IMPACT None. I I� n rd. CP, cftor of Plannino and 19 November 1998 '/7,80 ACTION TAKEN! p \zoning \ea419a \ea419a -7 ais 015 N EA -419A, ZTA 97 -3A City Council Staff Report December 1, 1998 DISCUSSION (Continued): Page 2 Staff has incorporated the following revisions to the draft Sign Code to address the issues in the November 4, 1998 memo* Individual Sign permits - Staff has added subsection C to Section 20 60 060 B 1 , which states that the Director of Planning and Building Safety shall either issue or reject the Sign Permit within seven (7) business days of receipt of a complete application Signs In Non - residential Zones — In order to be consistent with the terminology used throughout the Sign Code, Staff has added the phrase "and maintained" after the word "erected" in subsection A and J of Section 20 60 080 Murals and Works of Art — On November 4, the Council discussed revisions to the requirements for commercial sponsorship of murals and works of art, most specifically the issue of the appropriate size of corporate insignia or logos was raised The consensus of the Council was to allow commercial sponsorship which is trademarked, registered or copyrighted within the I% of the area of the artwork set aside for a sponsor If a sponsor desires to have its name, insignia, or logo larger than 1 % of the sign or six (6) square feet, whichever is less, the name, insignia, or logo would not be permitted to contain a trademark, registration or copyright symbol on the artwork This is based on the idea that companies will not generally choose to give up the protection of their intellectual property rights by using unregistered insignia or logos in order to place an image on a work of art greater than 1 % of the area Sections 20 60 080 K and Section 20 60 090 1 have revised been to reflect this concept The Council also directed Staff to work with the Chamber of Commerce to insure that they were comfortable with the proposed revisions The proposal was forwarded to and discussed with the Chamber on or about November 9, 1998, and as of November 18, 1998, the Chamber of Commerce had not provided to Staff comments on the draft revisions 4. Building Identification and Address Signs— Council directed Staff to provide additional language in the Zoning Code to allow the display of building addresses on both residential and non - residential properties While the November 4, 1998 memo from the City Manager recommended that such signage would not be subject to the restrictions of the Sign Code, Staff has reconsidered the revisions and would like to refine that recommendation If such signs were exempt from regulation under the Sign Code, there would be no limit to the size of such signs This could, in the extreme, result in addressing or building identification signage being (potentially) as large as the building itself This would be contrary to the purpose of the Sign Code to provide signage in harmony in size with the buildings on which they are located Staff recommends that signs which include the name of the building and address be subject to the same overall size limitation as other signs In nonresidential zones, Staff recommends that the size of building identification signs and addressing be counted toward the maximum size otherwise allowed in the zone For instance, if the identification sign is a wall mounted sign on a freestanding building, the area would be limited — along with any other advertising signage on that wall -- to 5% of the building wall area up to a maximum of 500 square feet This also provides flexibility in that a building could use a corporate name or an address as major building identification, or a combination of both Section 20 60 090 E of the draft Sign Code allows building identification signs up to 20 square feet in the Multiple - Family Residential (R -3) Zone Staff recommends that this size standard be extended to all residential zones Prohibited Signs — Staff has added the requested revised text "or other traffic control or warning devices" after the word "Signal' in subsection I of Section 20 60 110 Recommendation Staff recommends that the Council review the revisions as outlined above, approve all the proposed revisions to the Sign Code as depicted in Exhibit 1, and introduce the draft Ordinance approving all the amendments to the Sign Code 016 EA -419A, ZTA 97 -3A Page 3 City Council Staff Report December 1, 1998 II. Entertainment Permits, Amplified Sound Permits, Construction Noise Permits On November 4, 1998, the City Council formed a Council subcommittee to meet separately to review modifications to the Entertainment Regulations and the Amplified Sound Permit process Revisions to the draft amendments would be brought back to the Council at a future date for consideration, and the Public hearing will be re- noticed in the El Segundo Herald prior to the hearing Recommendation Staff recommends that the City Council close the public hearing with regard to Entertainment Permits, Amplified Sound Permits, and Construction Noise Permits until the Council subcommittee has formulated revisions to these Permit processes p \zoning \ea419a \ea419a -7 ais 017 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -419A AND ZONE TEXT AMENDMENT ZTA 97- 3A, AMENDING VARIOUS SECTIONS OF TITLE 9 (PEACE, SAFETY, AND MORALS), AND TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010, and WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration, and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992, and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, and WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place, and WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments, and WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358, and WHEREAS, General Plan Amendment GPA 97 -3A is the third amendment processed and proposed for 1997, and WHEREAS, on July 10, 24, August 14, 28, September 11, 25, and October 9, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2402 on October 9, 1998 recommending approval of the proposed amendments and ORDINANCE NO APPROVING EA419A,ZTA97 -3A 018 PAGE NO I WHEREAS, on January 3, 1998, the Planning Commission and City Council did hold, pursuant to law, a duly advertised public bus tour /workshop on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law and the joint workshop was continued until January 6, 1998, and WHEREAS, on November 18, and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, October 20, November 3, 4, and December 1, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing on revisions to the General Plan, Municipal Code, and Zoning Code, and notice was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -419A and ZTA 97 -3A, the revisions to the Municipal Code and Zoning Code, and WHEREAS, at said hearings the following facts were established The purpose of the revisions to the Municipal Code and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning and land use requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City State law requires that zoning be made consistent with the General Plan NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -419A, and ZTA 97 -3A the City Council finds as follows GENERAL PLAN The proposed Municipal Code and Zoning Code Amendments are consistent with the 1992 General Plan The proposed General Plan Amendments under GPA 97 -3A are not adopted by the City ZONING CODE The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City The proposed Municipal Code and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA), and, ORDINANCE NO APPROVING EA419A, ZTA 97 -3A 019 PAGE NO 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mimmus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25,00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA- 419A and ZTA 97 -3A, and adopts changes to the El Segundo Municipal Code as follows SECTION 1 9 54 020 (m) shall be deleted from Chapter 9 54, Title 9, of the El Segundo Municipal Code in its entirety SECTION 2. Section 20 08 723 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 723 SIGN, ABANDONED "Sign, Abandoned" means any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned by the owner thereof for a period of one year A lawfully erected sign structure for a vacant property or building which is actively available for lease shall not be considered abandoned after one year, unless the Director of Planning and Building Safety determines the sign is a public nuisance, pursuant to Section 20 60 040 SECTION 3. Section 20 08 728 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 2008 728 SIGN. ANNOUNCEMENT "Sign, Announcement" means a temporary sign intended to direct attention to, or advertise a future development, tenant, or business on a property SECTION 4. Section 20 08 740 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 08 740 SIGN, BILLBOARDS "Billboards" mean any sign erected for the purpose of advertising a product, event, business, person, or subject not located on the premises on which the sign is located and containing a surface or display area of 500 square feet or more SECTION 5. Section 20 08 765 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows ORDINANCE NO APPROVING EA419A, ZTA 97 -3A 0 0 PAGE NO 3 20 08 765 SIGN, GROUND "Ground sign" means a type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a fin sign or pole sign, as defined by this code SECTION 6. Section 20 08 777 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 777 SIGN, NONCONFORMING "Sign, Nonconforming" means a sign which complied with all applicable regulations at the time it was installed, but which now is in conflict with the provision of this chapter SECTION 7. Chapter 20 60 of Title 20, of the El Segundo Municipal Code is amended to read as follows 20.60 SIGNS Sections 20 60 010 PURPOSE 20 60 020 APPLICABILITY 20 60 030 PERMITS REQUIRED 20 60 040 DESIGN, CONSTRUCTION AND MAINTENANCE 20 60 050 SIGN PLAN 20 60 060 GENERAL PERMIT PROCEDURES 20 60 070 SIGN ADJUSTMENT 20 60 080 SIGNS IN NON - RESIDENTIAL ZONES 20 60 090 SIGNS IN RESIDENTIAL ZONES 2060 100 SIGNS EXEMPT FROM REGULATION 2060 110 PROHIBITED SIGNS 2060 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY 2060 130 NONCONFORMING SIGNS 2060 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS 2060 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS- 2060010 PURPOSE The purpose of this Chapter is to encourage the effective use of signs as a means of communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround, improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Chapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan 20 60 020 APPLICABILITY A sign may only be erected and maintained, in conformance with the requirements of this Chapter ORDINANCE NO APPROVING EA419A,ZTA97 -3A PAGE NO 4 021 The effect of this Chapter is A To establish a permit system to allow a variety of types of signs in commercial and Industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chapter, B To prohibit all signs not expressly permitted by this Chapter, and, C To ensure that the constitutionally guaranteed right of free speech is protected 20 60 030 PERMITS REQUIRED A The property owner shall secure a sign permit prior to the erection or modification of any sign which requires a permit under the provision of this Chapter B Signs in the public right -of -way shall be erected in accordance with Section 2060 120 C No sign permit shall be issued for any sign unless such sign is consistent with the requirements of this Chapter and with the -Sign Plan in effect for the property 20 60 040 DESIGN, CONSTRUCTION AND MAINTENANCE A All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code, B Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Chapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure, and, C All signs permitted pursuant to this Chapter shall be maintained in good repair, structural condition, function properly, be free from all defects, including, but not limited to, cracking, rusting, and peeling, and be in compliance with all building and electrical codes, at all times, to the satisfaction of the Director of Planning and Building Safety Signs not so maintained shall be deemed a public nuisance and may be abated pursuant to Section 20 60 150 20 60 050 SIGN PLAN No permit shall be issued for an individual sign requiring a permit until a Sign Plan for the development, lot, or business has been approved by the Director of Planning and Building Safety A Sign Plan Requirements. A Sign Plan shall contain the following 1 An accurate scaled plot plan of the lot, 2 Location of buildings, parking lots, driveways, and landscaped areas shown on the plot plan, 5 ORDINANCE NO APPROVING EA419A,ZTA97 -3A 022 PAGE NO 5 20 60 060 Computation of the maximum total sign area, maximum area for individual signs, height and number of signs, and total building wall area on which the signs are located, The proposed location of each sign, present and future, whether requiring a permit or not, shown on both the plot plan and elevations, and, Consistency standards among all signs on the lots affected by the Plan with regard to a Color scheme, b Lettering or graphic style, c Lighting, d Material, and, e Sign dimensions B Showing Window Signs on Sign Plan. A Sign Plan may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign C Consent. The Sign Plan shall be signed by all owners or their authorized agents D Procedures. A Sign Plan may be amended by filing a new Sign Plan that conforms with all requirements of this Chapter GENERAL PERMIT PROCEDURES The following procedures shall govern the submission and review, and issuance of all Sign Plans under this Chapter, and the application for and issuance of Sign Permits A Sign Plans Fees. Each application for a Sign Plan shall be accompanied by the applicable fees, which shall be established by the City Council A sign permit, consistent with an approved Sign Plan, shall not require an additional Sign Plan fee, except applicable Building Permit fees, Completeness. Within 10 working days of receiving an application for a Sign Plan, the Director of Planning and Building Safety shall review it for completeness If the Director finds it is complete, the application shall then be processed If the Director finds it is incomplete, the Director shall, within such 10 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Chapter, and, Action. Within 14 working days of the submission of a complete application for a Sign Plan, the Director shall either Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Chapter, or, ORDINANCE NO n APPROVING EA419A, ZTA 97 -3A V PAGE NO 6 Reject the proposed plan if the sign(s) as shown on the plan or the plan itself falls in any way to conform with the requirements of this Chapter In case of a rejection, the Director shall specify in the rejection the section(s) of this Chapter with which the plan is inconsistent B Sign Permits Individual Sign Permits. The Director of Planning and Building Safety shall review each application for an individual sign permit to ensure consistency with the purpose and development standards of this Chapter, and, any applicable approved Sign Plan for the property The Director shall either Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Chapter and of the applicable Sign Plan, or, Reject the sign permit, if the sign(s) that is the subject of the application falls in any way to conform with the requirements of this Chapter and/or of the applicable Sign Plan In case of rejection, the Director shall specify in the rejection the section(s) of this Chapter or applicable plan with which the sign(s) is inconsistent, and, the Director shall either issue or reject the sign permit within 7 business days of receipt of a complete application 20 60 070 SIGN ADJUSTMENT In order to encourage quality signage, while assuring adequate business identification, modification from any non - structural provision of this Chapter may be granted upon the approval of a sign adjustment, pursuant to the requirements of Chapter 20 78, Adjustment 20 60 080 SIGNS IN NON - RESIDENTIAL ZONES The following development standards shall apply to signs in non - residential zones A General Provisions All signs shall be erected and maintained consistent with the purposes of this Chapter, B Freestanding Buildings. Freestanding buildings shall be allowed, wall, fin, marquee, canopy, projecting, and roof signage up to 5% of each building face, C Store Fronts. Store front shops shall be allowed signage up to 15% of the face of each shop front, including any wall, fin, marquee, canopy, projecting, and roof signs, D Monument or Ground Signs Monument or ground signs up to 150 square feet of signage area per sign face shall be permitted, ORDINANCE NO APPROVING EA419A,ZTA97 -3A 024 PAGE NO 7 E Free Standing or Pole Signs For lots with multiple uses or multiple users the number of free standing or pole signs shall be limited to a total of one for each street on which the lots included in the plan have frontage and shall provide for common usage of such signs, F Site Signage. On -site signage used for either ingress or egress, identification of facilities or similar features shall be submitted as part of a Sign Plan, G Directional Signs Signs which provide directions to a business located on another property within the City of El Segundo a maximum distance of 500 feet from the property on which the sign is located, H Large Signs Any sign over 500 square feet in area shall be subject to approval by the City Council, I Temporary Signs. Temporary signs shall be allowed upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements 1 Special Event or Sale Signs. A sign advertising a special event or sale, up to a maximum size of 100 square feet for a specified maximum 30- day period is allowed, which may be renewed up to a total of 120 days Animal or human beings, live or simulated, designed or used to attract attention to the premise may be used only as a special event or sale sign, provided they are not located on public property or in the public right -of- way, 2 Construction Signs. Signs identifying those persons engaged in construction up to a maximum of 32 square feet per construction site, shall be allowed for a maximum period of 6 months The Director of Planning and Building Safety may grant up to three separate 6 month extensions, 3 Real Estate Signs "For Sale ", "For Lease ", "For Rent" signs up to a maximum size of 32 square feet Real estate signs shall be removed immediately following the sale (close of escrow), lease (occupancy), or disposition of the property, and, 4 Announcement Signs. One temporary construction "announcement' or "Coming Soon" sign up to a maximum size of 100 square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case shall an Announcement Sign be displayed for more than one year Setbacks Any sign may be erected and maintained in a required setback provided a 5 foot minimum setback is maintained and the sign is not located in a required corner clearance or driveway visibility area, ORDINANCE NO APPROVING EA419A,ZTA97 -3A O ? 5 PAGE NO 8 K Works of Art. Works of art, Including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or Identification of a commercial sponsor up to 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, Insignia or logos Is permitted within the sponsors portion of the artwork, but names, Insignia, or logos larger than 6 square feet or 1% of the area of the artwork, whichever is less may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed 500 square feet without City Council approval Identification One Identification sign for each street frontage Is allowed, provided the signs contain only the name and street address of the building upon which it is placed The size of such signs shall be counted as a portion of the maximum signs otherwise permitted on the property (i a Freestanding buildings, store fronts, monument signs, etc ) 20 60 090 SIGNS IN RESIDENTIAL ZONES The following sign regulations shall apply to residential zones A Residential uses in the R -1 and R -2 Zone shall be permitted one unlighted sign, not to exceed 6 square feet in area, pertaining only to the sale, lease or hire of only the particular building, property, or premises upon which the sign Is displayed, B One open house sign per lot, not to exceed 6 square feet in area, may be erected and maintained only during the period of time the open house is actually In progress No open house signs may be erected or maintained on public property or in the public right -of -way or on property which is not the subject of the open house, C In the R -1, R -2, R -3, PRD, and MDR Zones, during the initial period of the development project, signs not exceeding a cumulative total of 32 square feet in surface area, advertising development or the sale of subdivisions and tract homes, shall be permitted This period shall be defined as beginning with the recording date of the subdivision map and terminating 12 months thereafter, D Signs in the R -1, R -2, R -3, PRD and MDR Zones may identify those persons engaged in construction on -site, not to exceed a cumulative total of 32 square feet in area However, such a sign is permitted only as long as construction is in progress, but under no circumstances shall It exceed 6 months, E One identification sign per lot is allowed, not to exceed 20 square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed, ORDINANCE NO APPROVING EA419A, ZTA 97 -3A 026 PAGE NO 9 F The developer of a condominium project or condominium conversion shall install, prior to occupancy, one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units "For Sale," "For Rent," or "For Lease " The design for the sign standard and its location on the property shall be approved by the Director of Planning and Building Safety prior to its installation The one -side surface area of the sign shall not exceed a cumulative total of 9 square feet No other "For Sale," "For Rent," or "For Lease" sign for individual units shall be permitted, G Non - residential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed 12 square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed, H Permitted non - residential uses in residential zones that are currently in compliance with the El Segundo Municipal Code, except home occupation businesses, shall be permitted one wall sign, not to exceed 6 square feet in size for the purpose of identifying the business located on the property, and, I Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsors portion of the artwork, but names, insignia, or logos larger than 6 square feet or 1% of the area of the artwork, whichever is less may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed 500 square feet without City Council approval 2060 100 SIGNS EXEMPT FROM REGULATION The following signs shall be exempt from obtaining a sign permit, but all signs must comply with the comer clearance and driveway visibility provisions of Chapter 20 12, General Provisions A A.iy public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance, including, 1 Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice, and, 2 Directional, warning, or information signs of a public or semi-public nature, established and maintained by an official body B Any sign inside a building, not attached to a window or door, and not legible from a distance of more than 3 feet beyond the lot line of the lot or parcel on which such a sign is located, 10 ORDINANCE NO APPROVING EA419A, ZTA 97 -3A O 2 PAGE NO 10 C Traffic control signs on private property, (e g , Stop, Yield, and similar signs), the face of which meet California Department of Transportation or City Public Works standards and contain no commercial message, D Building marker signs, E Official Flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, and nationally or internationally recognized organizations, including corporations, F Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain a commercial message or are not used for commercial purposes, and, G Political signs shall be permitted in any zone, except the Open -Space and Public - Facilities Zones, subject to the following 1 Such signs shall not exceed 4 square feet in area, 2 Such signs shall be removed no later than 48 hours after the election or ballot measure to which they refer, and, 3 Such signs shall not be permitted on public property or in the public right -of -way Such signs shall not be located or attached to any structure on public property or in any public right -of -way Political signs shall not be attached to utility poles or street signs on public property or in the public nght -of -way 2060 110 PROHIBITED SIGNS All signs not expressly permitted under this Chapter are prohibited Such signs include, but are not limited to A Beacon signs, used in connection with commercial premises for commercial purposes, B Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes, C Billboards, D Flags and pennants, except those exempt under the previous section, E Signs which emit sounds (except ordering menu boards at drive- thrus), odor, or visible matter, such as smoke or steam, F Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, G Trailer or portable signs, X28 ] ] ORDINANCE NO APPROVING EA419A, ZTA 97 -3A PAGE NO 11 H Notwithstanding any other provisions of this title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare, I Signs which flash, rotate, pulsate, or otherwise move, such that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal or other traffic control or warning device, and, J Strobe lights used in signs 2060 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed on public property or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 of the El Segundo Municipal Code, and as listed below A Permanent Signs. I Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street parking regulations, 2 Bus stop signs erected by a public transit company, 3 Informational signs of a public utility regarding its poles, lines, pipes, or facilities, and, 4 Awning, canopy, fin, marquee, projecting and suspended signs which are attached to private property but project over public property or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code B Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public nght -of- way C Removal of Other Signs. All signs installed or placed on public property or in the public right -of -way not in conformance with this section may be removed without complying with Section 20 60 160 Said signs shall be retained by the City for a period of not less than three working days Thereafter, any unclaimed signs may be discarded Should the City be required to remove any illegal sign pursuant to this Section, the cost of removal shall be assessed against the owner or person placing such sign 12 .91 ORDINANCE NO APPROVING EA419A, ZTA 97 -3A PAGE NO 12 2060 130 NONCONFORMING SIGNS A nonconforming sign shall not be A Changed to another nonconforming sign or replaced by the same nonconforming sign, B Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this Chapter, C Relocated to another site on the same property or any other property within the City, D Re- established after discontinuance of the use for ninety days or more, or, E Re- established after damage or destruction or more than fifty percent of the value of the structure of the sign prior to said damage or destruction 2060 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS Within 120 days after adoption of this Section, the Director of Planning and Building Safety shall commence the identification and inventory of all illegal or abandoned signs in the City 2060 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS A Every illegal or abandoned sign identified in the inventory required by Section 20 60 140 is declared a public nuisance Any illegal or abandoned sign not complying with the provisions of this Chapter or for which no permit was issued - except for those signs which were valid when erected, made nonconforming by this Chapter and still in compliance with Section 20 60 040 - is declared to be a public nuisance and the Director of Planning and Building Safety shall order the abatement of the nuisance by demolition, repair, rehabilitation, or alteration so that the same conforms to the requirements of this Chapter B When the Director of Planning and Building Safety has found a public nuisance to exist pursuant to this Chapter, the Director shall give written notice to the party concerned by certified mail, stating the manner in which such sign does not comply with the provision of this Chapter This notice of compliance shall also be posted on the sign itself or, if that is not possible, on any structure on the property on which the sign is located The party concerned shall be the applicant for the sign if a permit was issued for the sign If no permit was issued, then the party concerned shall be the person owning the premises on which the sign is located The notice shall require the party concerned to bring the sign into compliance with the provisions of this Chapter within thirty days from the date of the notice Failure of any party concerned to receive notice shall not affect the validity of any proceedings under this Chapter 13 ORDINANCE NO APPROVING EA419A,ZTA91 -3A PAGE NO 13 C Any party concerned or having any Interest in the sign may request a hearing regarding the notice of compliance Such request for hearing shall be filed with the Director of Planning and Building Safety within ten days after the notice of compliance has been served The request for hearing shall state the names of all parties concerned as known to the one requesting the hearing, the address at which notice to such persons may be given, and a summary of the reasons for which the hearing is being requested D Upon receiving a request for hearing, the Director of Planning and Building Safety shall set a hearing on the matter at least ten days after the request has been received The Director of Planning and Building Safety shall give notice to the person requesting the hearing and all other parties concerned Within ten days after the hearing, the Director shall render his or her decision, which is final and not appealable If the sign is not in compliance with the provisions of this Chapter or the sign cannot be made in compliance with this Chapter, the Director shall order the removal of the sign A written notice of decision shall be mailed to all persons who previously received notice Within twenty days from the date of the notice, the applicant or owner of the property shall comply with the terms of the decision If he or she fails to do so, then the City may cause the sign to be removed and assess the cost of such removal against the owner SECTION 8. Section 20 78 010 of Chapter 20 78, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 78 010 GRANTING Whenever a strict Interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted, subject to the following restriction and in the manner hereafter provided Adjustments may be granted to allow A) A fence, wall, or hedge up a maximum height of eight (8) feet, B) Architectural Landscape Features which exceed the standards set forth in Section 20 12 170, C) Signs which exceed the standards set forth in Chapter 20 60, and, D) Noise Permits which exceed the standards set forth in Section 9 06 090 SECTION 9. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO 14 ( APPROVING EA419A, ZTA 97 -3A PAGE NO 14 PASSED, APPROVED and ADOPTED this day of , 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 1998, 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 day of 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney ea419sgn ord 15 ORDINANCE NO p1 O� APPROVING EA419A, ZTA 97 -3A PAGE NO 15 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 1 of 19 CHAPTER 20.08 DEFINITIONS 20 08 740 20 08.765 .• -1 . r- •111-• NWi .1 r • t- •1 , •r-1 SIGN, BILLBOARDS "Billboards" mean any sign erected for the purpose of advertising a product, event, 12u&tp person, or subject WhetheFer not related to 145 the premises on which the sign is located and containing a surface or display area of 500 square feet or more SIGN, GROUND "Ground sign" means a b+411ard eFs+mBar type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a GeMblRatieR 61gR, fin sign or pole sign, as defined by this code •� �•� •� a I M u- -To •W iRmire u• IWeVA714MIETeRM. •- -._ •. Draft Revised 12/1/98 35 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 20.60 SIGNS Sections 20 60 010 PURPOSE 20.60.020 020 APPLICABILITY SIGN ApCA AI.If1 29 60 20 60 0340 HOGHT PERMITS REQUIRED 20600-490 DESIGN, CONSTRUCTION AND MAINTENANCE 20600560 SIGNAGE PLAN Page 2 of n 20 60 010 PURPOSE The purpose of this -Qehapter is to encourage the effective use of signs as a means of communication in the -Qeity; maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth, nc�ouraae ana aupearance to ine QUitaings ana sites wni n to y QcgwzyAuaaumQu= improve pedestrian and traffic safety; minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions This -Qehapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan 20 60 020 APPLICABILITY A sign may m[y be erected and maintained lased, ^, painted created OF maintained in the Gity en! in conformance with the MandaFdIS, piceoedWeIR, requirements of this Chapter The effect of this Chapter , is A To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Draft Revised 12/1/98 Z4 EA- 419A/GPA 97 -3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 3 of 12 Zones, subject to the standards and the permit procedures of this hi erdina+ase, sirourng-tanees -R the publie right ef way-, BS. To prohibit all signs not expressly permitted by this Chapter, and, CD_ To ensure that the constitutionally guaranteed right of free speech is Drotected• 20 60 0340 PERMITS REQUIRED Ne -$signs shall be OFested in the public right -of -way except Fa ILp� erected in accordance with Section 20 6012970 No sign permit e€aRy kiRd shall be issued for and sign unless such sign is consistent with the requirements of this Chapter TAIG Draft Revised 12/1/98 �S EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 4 of ]-2 1 and with the Signage Plan in effect for the property 20 60.0460 DESIGN, CONSTRUCTION AND MAINTENANCE A All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code, B Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this -Qehapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure , and, .- u i . ff 61TRUF ,. a I . .,. . . .... .. — -------------- .. .0 � ..._ . i• a -. . . �. �• ,�. .-- �. ... .- .. - ���I.Tix�l• r_c�rr. y-W.ry,�,lcri.l.ReT�F_�.a7A�� No permit shall be issued for an individual sign requiring a permit unless and until a Mastef Signage Plan er a Gammon Signage PlaR for the development. lot, or business an whkGh the sign will be eFeGted has been suied and approved by the Director of Planning and Building Safety A Master-Signage Plan Requirements. Aa Master Signage Plan ahalf containxag the following 1 An accurate plot plan of the lot, 2 Location of buildings, parking lots, driveways, and landscaped areas shown on the L a 6UGh 19t, 3. Computation of the maximum total sign area, maximum area for individual signs, height of signs and number of #fee standing signs, 4 Ithe proposed location of each sign, present and future, of any —type; whether Draft Revised 12/1/98 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 5 of 1-3 1 requiring a permit or not, shown on both the plot plan and elevations and. .�rrrr�srr�7er =rte- - _sonsistenley standards among all signs on the lots affected by the Plan with regard to a 4- Color scheme, E 2- Lettering or graphic style, g 3- Lighting, d 6- Material, and, %6 --Sign dimensions $B Showing Window Signs on Signage Plan. A Signage Plan, , may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. the lets FRay reasenably determine DG Consent. The Signage Plan shall be signed by all owners or their authorized agents and Building Safe y shall FGqU'Fe D#. Procedures. A Signage Plan may be amended by filing a new Signage Plan that conforms with all requirements of thlae Dhaple. - GFdlnanGe then on effei; Draft Revised 12/1/98 37 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 6 of 19 20 60 QE4#0 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review appNsatieaer, and issuance of all Ssign Plans Nemmts under this eFd+nanse, and the application for and issuance of Common SigRage PlaRs and Ma6te Signage Permits plaps 113. Fees. Each application for a Master er- Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council fmm time to time by reselaNen, A sign permit, consistent with an approved Sian Plan, 2G Completeness. Within 14b days of receiving an application fora Signage Plan, the Director of Planning and Building Safety shall review it for completeness If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such i4&-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this _Qshapter, and, 32D Action. Within ]47 working days of the submission of a complete application for a Sign Plan sign perFR»t, the Director shall either Draft Revised 1211198 138 EA- 419AIGPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 7 of 12 :3S Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Qehapter, or, ¢4 Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this Qshapter In case of a refection, the Director shall specify in the refection the section(s) of this Qehapter with which the plan is inconsistent_ I-010KI-1'- 110 u r. L ., .- a T- .� m INIONVIeM �- Draft Revised 12/1/98 z EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 8 of 9 DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 ON i E. E. 1 /•..II -. •.I-127. . u.1.11-. . ...�. .. . . Draft Revised 12/1/98 40 EA- 419AIGPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - DECEMBER 1, 1998 SIGNS - EXHIBIT 1 ffw Page 13 of n All signs not expressly permitted under this eFialliciaase are prohibited IR the city Such signs include, but are not limited to A Beacons signs, used in connection with commercial premises for commercial rLUrposes1 13- Balloons or other inflated devices or signs used in connection with ... . Q5 Ejag&g=Rennants, excel2t those exempt under the previous section, F. Signs which emit sounds (except ordenno menu boards a ES Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, S_aD Trader or portable signs, aad; H€ Notwithstanding any other provisions of this title, no outdoor advertising structure.of outdoor advertising display. or billboard. regardless of size. shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the misplayed -sim thereon visible to persons or passengers upon any such thoroughfare ; Draft Revised 1211!98 4s EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 14 of n 13 Signs whtdiilaah, rotate, pulsate, or otherwise move, such that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal or other traffic control or warning device. and. ...- - r�s�t - . --------- - -- Draft Revised 12/1/98 46, 9 M'mm r�s�t - . --------- - -- Draft Revised 12/1/98 46, 7�RC1'64'. r�s�t - . --------- - -- Draft Revised 12/1/98 46, EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 15 of n P1,000"90-000 ON 20.601207-9 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed Qn i2ublic property or in the public right -of -way, except as approved by the Public Works Department, consistent with GhapteF 12 of the E1 Segundo Municipal Code, and as listed below A Permanent Signs. 1 Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street narking �1 2 Bus stop signs erected by a public transit company; 3 Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4 Awning, canopy, fin, margum projecting and suspended signs whtab are attached to private property but project +Rg over public property 4L a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code 5Q Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right -of -way QD Removal of Other Signs Fexfei#ed. All Any signs installed or placed on public property or in the public right -of -way not exeept in conformance with this section may be removed without complying with Draft Revised 12/1/98 4 -7f EA- 41 9A/GPA 97 -3A/ZTA 97 -3A DRAFT AMENDMENTS - DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Page 16 of 1 1 1�. U- L Draft Revised 12/1/98 LZ EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 '® Page 18 of 12 .,, rtn. ir, n, nn. �� ,.■:,- .naes......inarsstir..... • - - - - - - -- -- - - -- . -- - - . - -- - - - --- - - -- ` . CHAPTER 20.78 ADJUSTMENTS 20 78 010 GRANTING Draft Revised 12/1/98 670 EA- 41 9A/GPA 97 -3A/ZTA 97 -3A Page 19 of 19 DRAFT AMENDMENTS — DECEMBER 1, 1998 SIGNS - EXHIBIT 1 Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the followina items height 9F lesatien of a wall, hedge, er fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted #ease; er Hedge, subject to the following restriction and in the manner hereafter provided r.r.ssr_r.:— ca:rsrn: .r. a.T.T. r.r. w^zrr.r.r.:..r.essr_ ar_r. �.n: r.fr. Draft Revised 12/1/98 p \ zoning \ea419 \exhibits \signs \signcode City of El Segundo Inter - Departmental Correspondence To: Mayor Gordon and Members of City Council Date: November 4, 1998 From: Mary Strenn, City Managey%!�_ Subject: Public Hearing re Sign and Noise Ordinance After further review, Staff is recommending that the Sign and Noise Ordinance, which is scheduled for a public hearing at tonight's Council Meeting, include the following revisions Chapter 20 60 Signs 20.60 06 B 1. Individual Sign Permits (p 224) Staff recommends amending the text to provide that the permit shall be issued within 7 business days of receipt of a complete application Currently there is no time limit set forth in this section. 2 20 60 080 Signs in Non - Residential Zones (pp 225 -226) Staff recommends that for consistency purposes that the phrase "and maintained" be added after the word "erected" in subsections A and J 3 20 60 080 K and 20 060 090 I Works of Art (pp 226 -227. and 228) Staff recommends adding a provision to these sections prohibiting the use of registered trademarks in Works of Art 4 20 60 080 Signs in Non - Residential Zones and 20 60 090 Signs in Residential Zones (pp 225 -228) Staff recommends adding a provision to these sections providing that business and residential displays of addresses are allowed and are not subject to the restrictions of this Chapter 5 20 60 110 Prohibited Signs (pp 229 -230) Staff recommends adding the phrase "or other traffic control or warning devices" after the word "Signal" in subsection I. W1 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business — Public Hearing AGENDA DESCRIPTION: Public Hearing to pre- approve eight (8) public facility sites which could accommodate Major and /or Minor Wireless Communication Facilities (WCF) Environmental Assessment EA -403A, Address Various (see Table 1 below), Applicant City of El Segundo, Property Owners City of El Segundo, El Segundo Unified School, District, West Basin Municipal Water District and Los Angeles County Fiscal Impact Potential Revenue Source for City RECOMMENDED COUNCIL ACTION: 1 Hold Public Hearing, 2 Discussion, 3 Adopt City Council Resolution No , approving eight (8) public facility sites for WCF and adopting a Mitigated Negative Declaration, and /or, 4 Other possible action /direction INTRODUCTION AND BACKGROUND: On November 12, 1998, the Planning Commission adopted Resolution No 2431, recommending approval of Environmental Assessment EA -403A to the City Council and making the finding that all of the potential environmental impacts created by the project can be adequately mitigated to an insignificant level by the proposed conditions /mitigation measures ATTACHED SUPPORTING DOCUMENTS: 1 Draft City Council Resolution No 2 Planning Commission Staff Report and Resolution No 2431 for November 12, 1998 meeting FISCAL IMPACT: (Check one) Operating Budget:V Capital Improv. Budget: Amount Requested- None Project/Account Budget: N/A Project/Account Balance: N/A Date. Account Number. Project Phase N/A Appropriation Required -Yes_ No V ACTION TAKEN �3 3 DISCUSSION: Section 20 62 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve,' by Resolution, a list of public facility sites which could accommodate Major WCF with approval of an administrative Wireless Communication Facility Permit (WCFP) The project request is to pre- approve the first eight (8) public facilities which could accommodate Major and /or Minor WCF Please refer to Table 1 below for exact locations The location, property owner, type(s) of allowable wireless facility and proposed maximum height, are listed in Table 1 (below), for each of the eight (8) public facility sites proposed for pre - approval Table 1 Site Location Property Owner Type(s) of Maximum Height of Allowable Facility Facility A City Water Tower (400 Lomita City of El Segundo utility- mounted Shall not exceed top of St ) water tower B Communication Tower at Fire City of El Segundo utility- mounted Shall not exceed height of Station #1, future 911 utility Communication Facility at Police Station (348 Main St ) C Campanile at El Segundo High El Segundo Unified wall- mounted Shall not exceed top of bell School (640 Main St) School District tower D City Maintenance Yard (150 City of El Segundo roof - mounted, 48 feet Illinois St) utility- mounted, wall- mounted E light standards at Richmond City of El Segundo utility- mounted Shall not exceed top of light Field — middle school (615 (light poles only), El standards Richmond St) Segundo Unified School District (land) F Fire Station #2 (2161 E El City of El Segundo roof - mounted, 175 feet Segundo Blvd) utility- mounted, wall- mounted G West Basin Water Reclamation West Basin Municipal ground- mounted, 142 feet Plant (1935 Hughes Way) Water District utility- mounted, roof - mounted, wall- mounted H LA County Flood Pump Station Los Angeles County roof - mounted, 34 feet (223 Center St) wall- mounted, utility- mounted Source City of El Segundo A draft Initial Study was prepared by staff for the project which identified potential adverse environmental impacts relating to land use and planning, geologic problems, water, transportation /circulation, noise and aesthetics No significant adverse environmental impacts were identified which could not be mitigated to an insignificant level, and a Mitigated Negative Declaration of Environmental Impacts is proposed P \prolects\400- 425 \ea- 403a \ais 54 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -403A, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND APPROVING EIGHT (8) "PRE- APPROVED" PUBLIC FACILITY SITES WHICH CAN ACCOMMODATE WIRELESS COMMUNICATION FACILITIES. PETITIONED BY: CITY OF EL SEGUNDO WHEREAS, the City of El Segundo is requesting "pre - approval' for eight (8) public facility sites which can accommodate Major and /or Minor wireless communication facilities located at 400 Lomita Street (Site A), 348 Main Street (Site B), 640 Main Street (Site C), 150 Illinois Street (Site D), 615 Richmond Street (Site E), 2161 E El Segundo Blvd (Site F), 1935 Hughes Way (Site G) and 223 Center Street (Site H), in the Public Facility (P -F) Zone (except for Site F, which is located in the Urban Mixed Use - North (MU -N) Zone), and WHEREAS, an Environmental Assessment (No EA- 403A), including an Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed protect, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law, and WHEREAS, the Planning Commission and City Council have reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805), and WHEREAS, at the duly scheduled and public noticed meetings of the Planning Commission of the City of El Segundo on October 22, 1998 and November 12, 1998, duly advertised public hearings were held on this matter in the Council Chamber of the City Hall, 350 Main Street, and WHEREAS, on�November 12, 1998, the Planning Commission of the City of El Segundo adopted Resolution No 2431, recommending approval of Environmental Assessment EA -403A to the City Council to "pre- approve" eight (8) public facility sites which can accommodate wireless communication facilities, and WHEREAS, at the duly scheduled and public noticed meeting of the City Council of the City of El Segundo on December 1, 1998, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street, and WHEREAS, at said public hearings, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -403A, and, WHEREAS, at said hearings the following facts were established Section 20 62 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve" a list of public facility sites which can accommodate Major Wireless Communication Facilities (WCF) with approval of a Wireless Communication Facility Permit (WCFP) This protect is to comply with that requirement RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 1 `J^S The proposed project Is to "pre- approve" eight (8) public facility sites which can accommodate Major and /or Minor WCF The location, property owner, type of allowable facility and allowable maximum height of each facility are listed in Table 1 below Table 1 Site Location Property Owner Types) of Allowable Allowable Maximum Facility Height A City Water tower (400 Lomita Street) City of El Segundo utility- mounted Shall not exceed top of water lower B Communication Tower at Fire Station City of El Segundo utility- mounted Shall not exceed height #1, future 911 Communication Facility of utility at Police Station (348 Main Street) C Campanile at El Segundo High School El Segundo Unified wall- mounted Shall not exceed top of (640 Main Street) School District bell tower D City Maintenance Yard (150 Illinois City of El Segundo roof - mounted, utility- 48 feet Street) mounted, wall- mounted E light standards at Richmond Field - City of EI Segundo (light utlty- mounted Shall not exceed lop of middle school (615 Richmond Street) poles only), El Segundo light standards Unified School District (land) F Fire Station #2 (2161 E El Segundo City of El Segundo roof- mounted, utility- 175 feel Blvd ) mounted, wall - mounted G West Basin Water Reclamation Plant West Basin Municipal ground- mounted utility- 142 feet (1935 Hughes Way) Water District mounted, roof - mounted, wall - mounted H LA County Flood Pump Station (223 Los Angeles County roof - mounted, wall- 34 feet Center Street) mounted, utility - mounted Source City of El Segundo A Major facility, Is defined as a wireless communication facility that Is either ground- mounted (such as monopole) or roof - mounted (I e , situated on the roof of a building) but which exceeds the height of the Zone In which It Is located in A Minor facility Is defined as a wireless communication facility which is wall- mounted (I e , attached to a building's facade), utility- mounted (I e , attached to an existing utility, such as a light pole) or roof - mounted (but which does not exceed the height of the Zone In which It Is located In) A Major or Minor wireless communication facility proposed on a "pre- approved" site requires approval of a WCFP, which is an administrative action, not a discretionary action Sites A -E and Sites G - H are located in the Public Facilities (PF) Zone and have a General Plan Land use designation of Public Facilities Site F Is located In the Urban Mixed -Use North (MU -N) Zone and has a General Plan land use designation of Urban Mixed -Use North The Pre - Approved Site List can be amended from time to time, by Resolution, as permitted by Section 20 62 140 (A)(1) of the ESMC RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 2 Comments about the project were received from the Public Works Department, two (2) property owners and the West Basin Municipal Water District (WBMWD) If applicable, the comments were included as conditions of approval in this Resolution 8 The eight (8) proposed Pre- Approved Sites are available for lease if the property owner(s) deem appropriate 9 The proposed project is subject to the CEQA In accordance with State guidelines and local requirements, an Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental review, and was available for public review and comment No significant adverse impacts were identified which could not be mitigated to an insignificant level with conditions, including impacts to land use and planning, geologic problems, water, transportation /circulation, noise and aesthetics 10 At the meeting of November 12, 1998, the Planning Commission considered staff's proposal to allow an additional 15 feet of vertical height on Sites B and H, if it was technically necessary However, the Commission determined that if necessary, any requests to exceed the maximum height on Sites B or H be presented to the Commission at a later date as a separate application for review and consideration instead Likewise, any requests to exceed the allowable maximum height on any of the other pre- approved sites shall be presented to the Planning Commission for review and approval /denial NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No EA -403A, the City Council finds as follows ENVIRONMENTAL ASSESSMENT The Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the CEQA, and, That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Minimus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within ten (10) days after receiving City Council approval, the City of Segundo shall file the required certificate with the County of Los Angeles, along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 3 7 GENERAL PLAN AND ZONING CONSISTENCY The General Plan land use designation for Sites A -E and Sites G -H is Public Facilities and Urban Mixed -Use North for Site F The General Plan goals, objectives and policies which relate to this project are from the Land Use, Economic Development, Open Space and Recreation, and Conservation Elements With regards to the Land Use Element, the following policies support this project Policy LU1 -5 6, which requires that all development proposals comply with the City's Zoning Ordinance and the CEQA, Policy LU1 -5 8, which supports the use of innovative land development and design techniques, and, Policy LU7 -2 5, which encourages the design of public facilities and utilities to be compatible with surrounding uses With regards to the Economic Development Element, the following goals, objectives and policies apply Goals ED1 and ED2, Objectives ED1 -1, ED1 -2 and ED2 -1, Policies ED1 -1 1, ED1 -2 1, ED1 -2 2, ED1 -2 3 and ED2 -1 3, which support the creation and maintenance of a diverse and strong economic base which benefits the City, its residents as well as its business community With regards to the Open Space and Recreation Element, the following policies apply Policy OS1 -1 9, which supports alternative funding mechanisms for recreational facility maintenance, and Policy OS1 -5 3, which supports the continued protection of the El Segundo Blue Butterfly Lastly, the following goals and policies of the Conservation Element apply Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the protection of the urban landscape such that negative aesthetic impacts are minimized and that the character of existing neighborhoods and civic landscapes are maintained That Section 20 62 140 of the ESMC requires the City to "pre- approve," by Resolution, a list of public facility sites which can accommodate Major wireless facilities, and which would require only administrative review and approval of a WCFP, rather than discretionary review and approval NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Environmental Assessment No EA -403A, the pre - approval of eight (8) public facility sites for Wireless Communication Facilities and a Mitigated Negative Declaration, subject to the following conditions Prior to issuance of building permits, the applicant shall receive administrative approval of a Wireless Communication Facility Permit (WCFP) from the Director of Planning and Building Safety for any wireless facility proposed on Sites A -H 2 Prior to issuance of building permits, the applicant shall sign a lease agreement with the property owner and provide a copy of the signed lease agreement to the Director of Planning and Safety If the wireless facility is to be located on City -owned property, the lease agreement shall contain provisions which refer to the cost for leasing the Pre - Approved Site, an understanding by the applicant that the applicant is responsible for paying the City Attorney's costs for preparing the lease agreement documents, access to the Site (including emergency access), relocation /restoration provisions, and other provisions as deemed appropriate by the City Attorney Access to Sites A (City Water Tower) and D (City Maintenance Yard) is limited to 7 00 AM - 3 00 PM on weekdays There will be no regular access during weekends and City holidays Emergency access will be subject to reimbursement for costs incurred by the City All leases of public property for Pre - Approved Sites A -H are non - exclusive The lessee (operator of the wireless facility) shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent it is technically feasible Prior to Issuance of building permits for a wireless facility located on City -owned property, the applicant shall provide liability Insurance to the satisfaction of the City Attorney RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 4 6 Prior to Issuance of building permits, the applicant shall submit plans which show compliance with the following design requirements A) The maximum height of any wireless communication facility to be located on Pre - Approved Sites A -H shall not exceed the maximum height allowed, as shown in Table 1, Page 2, of this Resolution B) A wall- mounted wireless communication facility shall be comprised of non - reflective material(s) and painted or camouflaged to blend with surrounding materials and colors Any and all screening used in connection with a wall- mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted C) A utility- mounted facility shall not protrude or extend horizontally more than 24 inches from the existing utility pole or structure, and, it shall be painted to match the color of the existing utility structure in which it would be located on D) A roof - mounted facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building The screen shall also be painted to match the color of the budding Furthermore, any guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public rights -of -way E) A ground- mounted facility shall be located in close proximity to existing above - ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next twenty -four months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City Furthermore, it shall not be located in any required setback, required parking area, vehicle maneuvering area, vehicle /pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs the utility or intended function of such area And, the facility shall be screened from access by the general public with a fence or a type of design approved by the Director of Planning and Building Safety and the property owner It shall also be covered with a clear anti - graffiti material of a type approved by the Director of Planning and Building Safety The City may grant a waiver of this requirement if the applicant demonstrates to the satisfaction of the City that there is adequate security around the facility to prevent graffiti Prior to issuance of building permits for Site G [West Basin Municipal Water District ( WBMWD)], the applicant shall provide the Director of Planning and Budding Safety with written authorization from WBMWD (property owner) that it has approved the building plans for the proposed wireless facility The applicant shall contact Paul Schoenberger, Chief of Engineering and Operations, for the WBMWD at 17140 South Avalon Boulevard, Suite 210, Carson, CA 90746 -1218, (310) 660- 6218, or another representative as authorized by WBMWD RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 5 8 Prior to the Issuance of a permit, the applicant shall submit to the Departments of Planning and Building Safety and Public Works a complete Construction Plan for review and approval The Plan shall 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 The plan shall limit construction hours to 7 00 a m to 6 00 p m Monday through Saturday, and prohibit construction an Sundays and Holidays During construction, trash shall be removed from the Protect Site on a dally basis At the end of each construction day, all open trenches shall 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 shall provide a twenty -four (24) hour, every day contact person /liaison to receive and respond to complaints during construction During all phases of construction, the applicant shall comply with the City's Storm Water and Urban Run -Off Pollution Prevention Control Ordinance (No 1235) 10 During all phases of construction the applicant shall comply with Chapter 9 06, Noise and Vibration Regulations of the ESMC 11 The applicant shall Indemnify, defend, protect, and hold harmless the City, Its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -403A BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, the decision of the City Council as set forth In this Resolution shall become final and effective ten (10) calendar days after the date of the City Council action, unless an appeal In writing Is filed with the City Council RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 6 t�,0 PASSED, APPROVED AND ADOPTED this day of , 1998 Mike Gordon, Mayor 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 Resolution No and atteste d of AYES NOES ABSENT ABSTAIN _ was duly passed and adopted by said City Council, approved and signed by the Mayor, to by the City Clerk, all at a regular meeting of said Council held on the day , 1998, and the same was so passed and adopted by the following vote Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 61 P \projects \400 - 425 \ea- 403A\ccres RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 7 CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE MEETING DATE: November 12, 1998 TO: Honorable Chairman and Members of the Planning Commission FROM: 3 Bret B. Bernard, AICP, Director of Planning and Building Safetyb THROUGH: Laurie B Jester, Senior Planner STAFF PLANNER: If� fz, Hannah L Brondial Bowen, AICP, Contract Protect Planner � t/ SUBJECT: Environmental Assessment EA -403A Pre - Approved Sites for Major Wireless Facilities Address: Various (see Table 1 below) Applicant: City of El Segundo Property Owners: City of El Segundo, El Segundo Unified School District, West Basin Municipal Water District and Los Angeles County REQUEST Section 20 62 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve," by Resolution, a list of public facility sites which could accommodate Major Wireless Communication Facilities (WCF) with approval of an administrative Wireless Communication Facility Permit (WCFP) The protect request is to pre- approve the first eight (8) public facilities [please refer to Table 1 below for exact locations] which could accommodate Major and/or Minor WCF RECOMMENDATION Planning staff recommends that the Planning Commission Adopt Resolution No 2431, thereby recommending approval of Environmental Assessment EA -403A to the City Council and making the finding that all of the potential environmental impacts created by the protect can be adequately mitigated to an insignificant level by the proposed conditions /mitigation measures PROJECT DESCRIPTION The proposed project is to "pre- approve the City's initial eight (8) public facility sites which can accommodate wireless facilities Although Section 20 62 140 of the ESMC is specifically resigned for allowing Major WCF on public facilities, staff is including Minor facilities with this project since these types of wireless facilities would also be permitted on the proposed public facility sites Thus, Major or Minor wireless facilities proposed on ro e- approved sites would be reviewed through the WCFP process, which is an administrative action (i.e., approval is by Director of Planning and Building Safety) rather than a discretionary action (i e., approval is by Planning Commission or City Council) since the allowable type of wireless facility on the pre - approved site would have been previously analyzed for its impacts The types of allowable wireless facilities on each of the eight (8) proposed sites have been analyzed for their Page I of 11 b 014 environmental impacts and the findings are presented in the draft Initial Study for the project. Mitigation measures have been incorporated as conditions of approval in Draft Resolution No. 2431. To review, there are four types of wireless facilities - wall- mounted, utility- mounted, roof- mounted or ground- mounted - which can be further classified as a Major or Minor facility By definition, a Minor facility is a wireless communication facility which is wall- mounted (attached to a building's facade), utility- mounted (attached to an existing utility, such as a light pole) or roof - mounted (situated on the roof of a building), however, a Minor roof - mounted facility may not exceed the height of the zone in which it is located in. Conversely, a Major Wireless Communication Facility is either a ground- mounted facility (such as a monopole) or a roof - mounted facility which exceeds the normally permitted height of the zone in which it is located in. The location, property owner, type(s) of allowable wireless facility and proposed maximum height, are listed in Table 1 (below), for each of the eight (8) public facility sites proposed for pre - approval Table 1 Site Location Property Owner Type(s) of Maximum Height of Allowable Facility Facility A City Water Tower (400 City of El Segundo utility- mounted Shall not exceed top of Lomita St) water tower B Communication Tower at City of El Segundo utility- mounted Shall not exceed height of Fire Station #1, future 911 utility, if technically Communication Facility at feasible If not technically Police Station (348 Main feasible, an additional 15 St) feet of vertical height shall be allowed. C Campanile at El Segundo El Segundo Unified wall- mounted Shall not exceed top of Hich School (640 Main St) School District bell tower D City Maintenance Yard (150 City of El Segundo roof - mounted, 48 feet Illinois St) utility- mounted, wall- mounted E light standards at Richmond City of El Segundo utility- mounted Shall not exceed top of Field — middle school (615 (light poles only), El light standards Richmond St) Segundo Unified School District (land) F Fire Station #2 (2161 E El City of El Segundo roof - mounted, 175 feet Segundo Blvd) utility- mounted, wall- mounted G West Basin Water West Basin ground- 142 feet Reclamation Plant (1935 Municipal Water mounted, utility - Hughes Way) District mounted, roof - mounted, wall - mounted H LA County Flood Pump Los Angeles County roof - mounted, 34 feet, if technically Station (223 Center St) wall- mounted, feasible If not technically utility- mounted feasible, an additional 15 feet (vertical) shall be permitted Source City of El Segundo Page 2 of 11 (_'113 Y In order to determine which sites would be selected for pre - approval, staff met with representatives from Pacific Bell Mobile Services (PBMS) and Nextel in January of 1998, to discuss potential (future) locations in the City where they may want to install wireless facilities. In addition, staff contacted LA Cellular, Air Touch, and Cox Communications for similar inquiries Out of the five (5) wireless vendors contacted, only two (2) vendors indicated where they could foresee future locations PBMS requested that the northwest corner of Main Street and Imperial Avenue be included as a pre- approved site, and, Nextel identified three areas in the City. downtown/Main Street, near LAX and the northeast corner of the City, near the 105 and 405 freeways. Since that meeting, Nextel has located one (1) wireless facility near downtown/Main Street and one (1) facility near LAX Based on the information that Nextel and PBMS provided to staff, it is apparent that sites close to LAX were highly desirable, since LAX does not currently allow commercial wireless vendors on its property, thereby, forcing the wireless vendors to look at adjacent/nearby cities to locate their facilities to serve LAX. However, staff did not include the northwest corner of Main Street and Imperial Avenue as a proposed pre- approved site (as requested by PBMS) since deed restrictions may limit land uses on the property [see "Additional Information" section (below) for further discussion] Furthermore, as required by Section 20 62 140 of the ESMC, each site shall include a description of permissible development and design characteristics, including maximum height requirements As shown in Table 1 above, the various types of wireless facilities which would be permitted on each site is included, along with the proposed maximum height. In brief, the type of wireless facility proposed largely dictates the permissible development and design characteristics as allowed by Chapter 20 62 of the ESMC For example, a roof - mounted facility is required to be screened from view and the screen shall be painted to match the color of the building, and, a wall- mounted facility is required to be painted to match the color of the building, etc These and other requirements contained in Chapter 20 62 of the ESMC have been incorporated as conditions of approval in Draft Resolution No 2431 With regards to the maximum height requirements, Section 20 62 140 of the ESMC allows for flexibility from the height requirements of the zones in which the Sites are located in (in this case, the Public Facilities and Urban Mixed -Use North Zones) and allows the City to determine the maximum height allowed on each site Table 1 above lists the maximum height allowed for each site or, in some cases, indicates that the wireless facility shall not exceed the height of the existing structure if technically feasible if it is not technically feasible, staff proposes that an additional 15 feet of vertical height should be allowed to ensure that the site is marketable. For Sites D, F, G and H, the allowable maximum height was determined by taking the average maximum heignt of all zones adjacent to the subject site However, for Site H, staff is proposing that an additional 15 feet of vertical height should be permitted if it is technically necessary For Sites A B, C and E the allowable maximum height is the height of the structure or utility, horiever for Site B staff is proposing that an additional 15 feet of vertical height should be allowed if it is technically necessary These requirements have been incorporated as conditions of approval in Draft Resolution No 2431 SITE DESCRIPTIONS and SURROUNDING AREA CHARACTERISTICS Site A is the 104' -4" feet high Water Tower located at 400 Lomita Street at the City's Water Plant Surrounding uses include residential to the north, south, east and west, as well as a small park to the south, a church and day care center to the west, and St. Anthony's Church and School to the southwest (across Grand Avenue) Site B is the existing Communication Tower at Fire Station #1 and the future 911 Communication Facility at the Police Station at 348 Main Street, which is at the Civic Center P.ige 3 of 11 0 1 5 I The existing tower is located at the rear of the Fire Station building and is adjacent to the Police Station. The tower currently holds the City's emergency response and communication systems. The future 911 Communication Facility has not yet been constructed but it is planned to be added to the Police Station The surrounding area is predominantly retail- commercial, with high - density residential located to the east on Standard Avenue and some single -family residential to the northeast, beyond Holly Avenue and Standard Street, Site C is the campanile (bell tower) at El Segundo High School located at 640 Main Street. Surrounding uses to the north, south and west are predominantly residential, with a Public Library and park to the west (across Main Street) and more residential to the northwest and southwest. Site D is the City's Maintenance Yard located at 150 Illinois Street. Surrounding uses include offices to the south and Chevron Park further south (across El Segundo Boulevard), a nursery to the northeast, offices further east (across Sepulveda Boulevard), and industrial uses to the west Site E are the five (5) light standards located on Richmond Field at the El Segundo Middle School at 615 Richmond Street Each of the five (5) light standards are approximately 65 feet high The surrounding area to the north, west and south is predominantly residential, with a public pool, library and park to the immediate east Site F is Fire Station #2 located at 2161 East El Segundo Boulevard. Surrounding uses include light industrialfresearch and development facilities to the south (Raytheon), vacant land approved with mixed uses (hotel, recreational facility, corporate offices, etc.) to the north and west (Grano Avenue Corporate Center), and office and light industrial uses to the east. The elevated Metro Rail Green Line station is located southeast and east of the site (across El Segundo Boulevard and adjacent to Nash Street) Site G is the West Basin Municipal Water District Reclamation Plant located at 1935 Hughes Way The surrounding uses include a golf course and driving range to the north, a nursery to the immediate east underneath the Southern California Edison power lines and light mdustnal /research and development uses (Raytheon) further east, a self- storage facility and freight forwarder (Federal Express) to the south and southeast, and the Chevron oil refinery to the west (across Sepulveda Boulevard) Site H is the Los Angeles County Flood Pump Station located at 223 Center Street. Surrounding uses include residential to the north (across Grand Avenue) and west, a park (Wyle Park) to the west and, small industrial uses to the south and east ENVIRONMENTAL REVIEW The City of El Segundo, acing as the applicant as well as the lead agency, has determined that a Mitigated Negative Declaration is the appropriate environmental review in accordance with the California Environmental Quality Act (CEQA) for this portion of the project. A draft Initial Study was prepared by staff for the project which identified potential adverse environmental impacts relating to land use and planning, geologic problems, water, transportation /circulation, noise and aesthetics The draft Initial Study is attached to this Report No significant adverse environmental impacts were identified which could not be mitigated to an insignificant level and a Mitigated Negative Declaration of Environmental Impacts is proposed. The draft Initial Study was circulated for inter- departmental review and comments, as required by City Council Resolution No 3805 and State CEQA guidelines All City Departments have concurred with staff s recommendation to approve a Mitigated Negative Declaration of Environmental Impacts All of the mitigation measures, as detailed in the draft Initial Study, have Pace 4 of It ip� been incorporated as conditions of approval in draft Resolution No 2431. The following paragraphs summarize the Land Use and Planning, Geologic Problems, Water, Transportation /Circulation, Noise, and Aesthetics sections of the draft Initial Study: LAND USE PLANNING Table 2 below lists the General Plan Land Use designations and Zoning for each of the eight (8) sites. Although the General Plan Land Use Element does not specifically mention wireless facilities as permitted structures, the facilities themselves are considered "accessory structures" to structures allowed within each designation Moreover, Chapter 20.62 (Wireless Communication Facilities) of the ESMC, requires the City to pre- approve a list of sites on either public or private property which would allow Major, as well as Minor facilities, with approval of an administrative WCFP as opposed to a discretionary permit (i e , Conditional Use Permit). If a wireless facility is proposed on a Pre - Approved Site, the facility will have to comply with all the requirements of Chapter 20 62 of the ESMC Compliance with all the requirements of Chapter 20 62 will reduce any potential conflicts with the General Plan and Zoning to below a level of significance TABLE 2 Site Location General Plan Designation Zoning Designation A Water Tower (400 Lomita St 1 Public Facilities Public Facilities (P -F) B Communication Tower at Fire Public Facilities Public Facilities (P -F) Station 01, future 911 Communication Facility at Police Station (348 Main St ) C Campanile at El Segundo Public Facilities Public Facilities (P -F) Hioh School (640 Main St) D C tv Yard 0 50 Illinois St ) Public Facilities Public Facilities P -F E light standards at Richmond Public Facilities Public Facilities (P -F) Field — Middle School (615 Richmond St ) F Fire S at on =2 (2161 E El Urban Mixed Use -North Urban Mixed Use -North Secundo Blvd ) G West Basin Water Plant (1935 Public Facilities Public Facilities (P -F) HuaheS Wav) H LA County Flood Pump Public Facilities Public Facilities (P -F) Stauan (223 Center St ) The development of wireless facilities on proposed Pre - Approved Sites A through H will not conflict with any other policies or environmental plans, therefore, no impact Is anticipated Moreover, development of wireless facilities on Sites A through H will not be incompatible with existing land uses since the facilities are considered accessory structures to existing (and permitted) land uses, and which would be permitted with approval of a WCFP Compliance with the City's General Plan, ESMC, specifically Chapter 20 62 and the CEQA will ensure that the facilities' potential incompatibility with existing land uses are reduced to below a level of significance Page 5 of 11 b(0 016 rci: 1Q6 Ill Lem Y As shown on Exhibit PS -1 in the Safety Element of the City's General Plan, three (3) active /potentially active faults (Newport - Inglewood Fault, Palos Verdes Fault and Malibu -Santa Monica Fault) are located near the City, therefore, future wireless facilities could be exposed to seismic risks just as other developments of comparable size in the vicinity might be, should an earthquake occur along these faults Fault rupture or seismic ground shaking could occur, nonetheless, the effects are mitigated because the wireless facilities to be constructed will comply with the latest Uniform Building Code (UBC) requirements for seismic safety. Compliance with the UBC will reduce the impacts of fault rupture or ground shaking on the future wireless facilities to below a level of significance Two (2) areas of the City have a high potential for liquefaction during an earthquake: the extreme western portion of the City parallel to the coastline along Vista del Mar and, the northeast portion of the City from Aviation Boulevard, northwest to Imperial Highway, just west of Sepulveda Boulevard Since none of the proposed Pre - Approved Sites are located within these two (2) areas, no impacts are anticipated and no mitigation is required According to the Safety Element of the City's General Plan, the southwestern portion of the City along the coast (and adjacent portions of the City of Los Angeles to the north) are identified as potential seiche and tsunami hazard areas, however, since none of the proposed sites are located in these areas, no impacts due to these natural hazards are anticipated. Site E, which is located to the east of the City of Los Angeles Hyperion Wastewater Treatment Plant, and about 3/4 mile east from the coast is the closest Site to these hazard areas However, it is above the potential hazard area, therefore, no impacts are anticipated No mitigation is required. If proposed Pre- Approved Site G is developed with a ground- mounted facility, minimal grading would be required to construct the facility, however, significant changes in the topography of the site (which has been previously graded and is relatively flat) will not occur, although some erosion of site soil may occur during construction However, sod erosion will be controlled with application of the City s Storm Water and Urban Run -off Pollution Prevention Control Ordinance (NO 1235) Compliance with this Ordinance will reduce the impacts of sod erosion from project orad,ng activities to below a level of significance Sites A -F and Site H are not proposed to perm; ground- mounted facilities, therefore no soil impacts due to grading, excavation or fill will cccul All o' the proposed Pre - Approved Sites have been previously developed with structures and /or buildings and no known unique geologic or physical features exist on any of the sites, therefore, no impacts to unique geologic or physical features are anticipated As stated above, none of the saes are located in areas that have me potential for seismic ground failure and liquefaction, there'ore the possibility of land subsidence is remote and no impact is anticipated F„r,nermore some areas locates at tme northeast corner of the City (south of Imperial Highway west of Aviation Boulevard, east of Nash Street and north of El Segundo Boulevard) have been scent tied as having expansive sods (specifically Montezuma Clay Adobe), however, only Site F is within this area and the types of wireless facilities proposed for Site F (wall -, roof- or utility - mounted facilities) will have no impact on the sod of the site Therefore, no impacts due to expansive sods are anticipated on any of the proposed Sites None of the Sites are located on or near the slopes of hillsides, therefore the potential for landslides or muciflows is non - existent No mitigation is required WATER If proposed Pre - Approved Site G is gaveloped with a ground- mounted facility, minimal grading would be required to construct the facility however, it will not significantly impact absorption P, Le 6 of I I b7 rates, drainage patterns or the rate and amount of surface runoff of the site since compliance with standard City conditions regulating grading and drainage will reduce the potential impact to below a level of significance Development of wireless facilities on Pre - Approved Sites A, B, C, D, E, F and H will have no impact on absorption rates, drainage patterns or surface runoff since these facilities would either be utility- mounted, wall- mounted or roof- mounted and no grading would be required If proposed Pre - Approved Site G is developed with a ground- mounted facility, minimal grading would be required to construct the facility, however, runoff from the site would be controlled by compliance with the City's Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No 1235) such that there will be no soil discharged from the site into surface waters and such that no changes In the amount of surface water could occur Development of wireless facilities on Pre - Approved Sites A - F and H will not result in discharge into surface waters or changes in the amount of surface waters since no grading is required to install utility- mounted, wall- mounted or roof - mounted facilities TRANSPORTATION /CIRCULATION Pre - Approved Sites A through H are publicly and privately owned and access to each site will be determined by the terms of the lease agreement that each vendor enters with either the City or the private property owner The Public Works Department has indicated that access to Site A (City Water Tower) and Site D (City Maintenance Yard) will be limited to 7:00 a m — 3:00 p.m. during the week and that no access will be available on weekends and City holidays, and, that emergency access will be subject to reimbursement for costs incurred by the City. Agreement to the terms of the leases regulating access for Sites A and D, as well as for the other Pre - Approved Saes will reduce the potential for inadequate emergency access or access to nearby uses to below a level of significance Furthermore, since the wireless facilities proposed on Pre - Approved Sites A through H would be unmanned, they would not generate a need for additional parking and no impacts to on -site or off -site parking will occur NOISE Development of the wireless facilities on Sites A through H will generate short-term construction related noise however, these facilities will be constructed or operated in accordance with Chapter 9 06 Noise and Vibration Regulations of the El Segundo Municipal Code, which will reduce the potential impact to below a level of significance AE_ HETICS Development of proposed Sites A through H will not impact a scenic vista or scenic highway since none are currently designated witnin the City of El Segundo The development of wireless fac tries on Pre - Approved Sites A through H will not create light or glare since the facilities would be uniliuminated and would be required to be painted to match the color of the buildings, walls or structures in which they would be attached to Development of wireless facilities on proposed Pre- Approved Sites A through F and Site H will not have a demonstrable negative aesthetic affect since the types of facilities proposed (i e , utility- wall- or roof- mounted) will be painted to match the existing color of the building (if it is a wall- mounted antenna) will be screened from view and the screen shall be painted to match the color of the building (if it is a roof - mounted facility) or will be attached to an existing utility and the wireless facility shall be painted to match the color of that utility Compliance with Chapter 20 62 of the ESMC which regulates the design requirements and guidelines for wireless facilities, will reduce the potential aesthetic impacts of these facilities to below a level of PaLe 7 of I I � S 017 significance. If Site G is developed with a ground- mounted facility, the facility will have a less than significant impact on aesthetics for several reasons the Site contains several tall structures which would serve to mask the visual impact of the facility, there are three (3) existing ground- mounted facilities located near the facility which are part of the existing visual urban landscape; and, the Site is located in an industrial area where no residential views would be impacted. Nonetheless, if Site G is developed with a roof - mounted facility the facility will be required to be screened from view and the screen painted to match the color of the existing building or structure; if it is developed with a wall- mounted facility the facility will be required to be painted to match the color of the existing budding wall(s), if it is developed with a utility- mounted facility: the facility will be required to be painted to match the color of the existing utility structure(s), and, if it is developed with a ground- mounted facility the facility will be painted to match nearby existing tall structures Compliance with Chapter 20 62 of the ESMC, which regulates wireless facilities, will reduce the potential negative aesthetic impact of these wireless facilities on proposed Pre - Approved Sites A through H to below a level of significance With regards to the visual impact of the WCF as a result of the height of the facilities, Sites A, B, C and E will not permit WCF to extend beyond the height of the structure or utility, except for Site B, which would allow an additional 15 feet (vertical) if it is technically necessary. Moreover, the maximum height of Sites D, F, G and H nave been determined by taking the average maximum height of the adjacent zones, however Site H would be allowed an additional 15 feet (vertical) if it is technically necessary Compliance with these requirements will reduce the potential negative aesthetic impact of these wireless facilities on proposed Pre - Approved Sites A through H to below a level of significance GENERALPLAN The General Plan goals objectives and policies which relate to this project are from the Land Use Economic Development, Open Space and Recreation, and Conservation Elements With repa,ds to the Land Use Element the following policies support this project* Policy 1-1-11 -5.6, wr cr requires that all development proposals comply with the City's Zoning Ordinance and the CE DA Policy LU1 -5 8 which supports the use of innovative land development and design techniques ano Policy LU7 -2 5 which encourages the design of public facilities and utilities to be compatible with surrounding uses With regards to the Economic Development Element, the ic' o, ing goals objectives and policies apply Goals ED1 and ED2, Objectives ED1 -1, ED1 -2 a ED2 -1 Policies ED1 -1 1 ED1 1 ED1 -22, ED1 -23 and ED2 -13, which support the creation and maintenance of a dive,se and strone economic base which benefits the City, its res, dents as well as its business con,) unity With regards to the Open Space and Recreation E ement the following policies apol\ Policv OS1 -1 9 which supports alternative funding mechanisms for recreational facility maintenance and Policy OS1 -5 3, which supports the continued protection of the El Segunoo Blue Butterfly Lastly, the following goals and policies of the Conservation Element apply Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the prc•ection of the urban landscape such that negative aesthetic impacts are minimized and that the character of existing neighborhoocs and civic landscapes are maintained Conformance with the General Plan is a policy issue v.hich is determined at the discretion of the Planning Commission or the City Council if the decision is appealed The Municipal Code incorporates manv requirements which will help to mitigate anv potential General Plan conflicts INTERDEPARTMENTAL COMMENTS The draft Initial Study and draft Pre - approved Sites Map were circulated to all City Departments /Divisions for their review and comments All of the Departments /Divisions concurred with staff's draft Initial Study findings and the following Departments /Divisions had no passe 8 of I I � 9 comments on the project- Economic Development, Building Safety, Finance, Parks and Recreation, Library, City Manager, Fire and Police The Public Works Department made the following comments regarding Sites A (City water tower) and D (City maintenance facility) 1 Applicant agrees to pay a fee (to be negotiated) for leasing these two (2) City properties and for the City Attorney's costs for preparing the lease agreement documents. 2 Access to the sites shall be limited to 7.00 AM to 3 00 PM on weekdays. There will be no regular access during weekends and City holidays Emergency access will be subject to reimbursement for costs incurred by the City 3 The applicant shall submit drawings, etc , for approval by the Public Works Department. 4 Agreement shall not limit the City from entering into agreements with other vendors with similar requests 5 The Public Works Department will have the right to require the applicant to remove the Wireless Facilities and to restore the site to its original condition after giving ninety (90) days notice 6 Liability insurance shall be provided to the City Attorney's satisfaction. These comments from the Public Works Department have been incorporated as conditions of approval in draft Resolution No 2431 however, staff believes that these six (6) comments should be applied to all the City -owned properties (Sites A, B, D, E, and F), not just to Sites A and D (access to Sites B, E and F will be determined at the time of negotiating the lease agreement) T%, ,o (2) property owners responded to the Public Hearing notice for the proposed project The first property owner, Dora Polk of 115 West Palm Avenue, expressed concern about the potential negative aesthetic impact a wireless facility would have on the overall appearance of the High School as well as the impact it would have on the reception of her television and radio, anJ the impact it would have on the operation of her computer Staff informed Ms Polk that with regards to aesthetics, the type of wireless facility which would be permissible on the High School s historic campanile would be a wall- mounted facility, and this ly-e of facility has very little visual impact especially if it is painted to match the color of the wall of the building in which it is attacheo to The facility will have to comply with this and other des on reouirements and guidelines contained in Chapter 20 62 of the ESMC, which help to m -; cate any potential negative aesthetic impacts the wireless facility might have Furthermore, staff informed Ms Polk that prior to receiving final City approval, the wireless facility vendor must also receive approval from the property owner the El Segundo Unified School District Staff informed Ms Polk that it is the City s and the School District's desire to maintain the architectural integrity of the High School and that aesthetics is of utmost importance With regards to the impact the facility could have on her television radio or computer, staff indicated to Ms. Polk that wireless facilities operate under FCC - assigned frequencies which are not anticipated to affect these types of devices Furthermore WCF are regulated by the FCC, not by the City (per the Federal Telecommunications Act of 19961 and must somehow be provided for in accordance V6rtn this Federal mandate The second property owner John Tourino of 7 Malaga PL W, Manhattan Beach, owns property Pa_c 9 of 11 -70 0-to near the High School. Like Ms Polk, Mr Tounno also wanted to know whether the wireless facility would impact the reception of his television set Again, staff informed Mr. Tounno that the wireless facility would be operating under an FCC - assigned frequency which is not anticipated to affect radio or TV transmissions and that WCF are regulated by the FCC, not by the City. A comment was received from the West Basin Municipal Water District ( WBMWD) who is the property owner of proposed Pre - Approved Site G (West Basin Water Reclamation Plant). Its comment is that it would like the opportunity to provide specific input as to the location of the wireless facility prior to installation of the facility and that the location of the facility should be arranged with its Chief of Engineering and Operations Staff informed the WBMWD that its comment will be incorporated as a condition of approval in draft Resolution No. 2431 ADDITIONAL INFORMATION Staff received a request from Pacific Bell Mobile Services (PBMS) to include the northwest corner of Main Street and Imperial Avenue (which is part of the landscaped median which separates Imperial Highway from Imperial Avenue) on the proposed Pre - Approved Sites list Upon further research of the proposed site, staff and the City Attorney's office, discovered that the subject site contains deed restrictions which limits the use of the landscape median to open space Moreover, the deed states that if the landscaped median is used for commercial purposes, the land will revert back to the City of Los Angeles (who deeded it to the City of El Segundo for use as open space) PBMS claims that this restriction should not apply to their proposal since they would be locating the wireless facility on a jointly- owned, City of Los Angeles Department of Water and Power (DWP) and Southern California Edison (SCE) utility pole, which lies within an existing easement granted to DWP and SCE. PBMS claims that because they have rights from SCE and DWP to use the pole, they do not need City approval to use it as a wireless facility However, it is staff's position that since PBMS is proposing to locate a wireles facilitV on a utility pole, within the boundaries of El Segundo, it becomes subject to the requirements and regulations of Chapter 20 62 (Wireless Communication facilities) of the ESMC A; tnis time, the City Attorney's office is still researching the matter and will advise staff accordingly Nevertheless it is important to point out that the Pre - Approved Sites list can be amended from time to time as permitted by Section 20 62 140 (A)(1) of the ESMC However, it is mcorant to note that the Planning Commission cannot act on PBMS' request to include the acs e- mentioned site tonight since the site was not included in the Public Hearing notice, nor v =s CEOA revie-, conducted on the pmpeity because of the previously mentioned (unresolved) iss,ies Therefore if the City Attornev is office makes the determination that the landscaped median along imperial Highway can be included as a Pre- Approved Site, it can certainly be a ed to the list at a subsequent Planning Commission meeting EXHIBITS' A Draft Resolution No 2431 6 Draft Initial Study C inter- Departmental Comments (Public Works Division) D Proposed "Pre- Approved Sites Map E Letter from El Segundo Unified School District F Letter from Los Angeles Count,, Public Works G Draft City Lease Agreement H Los Angeles County Lease Agreement (blank) I Comment letter from West Basin Municipal Water District - dated 10/13/98 Pace 10 of 1 1 -71 Prepared by Hannah L. Brondial Bowen, AICP Contract Project Planner Reviewed by Laurie B Jest r Senior Planner Approved Bret B )Berhard, CP Director , r of Plan_Ang and Building Safety and Secretary of the Planning Commission of the City of El Segundo, California p \protects \ea403 \ea403a sr1 Pace 11 of 11 9*9 -7,6, o� RESOLUTION NO. 2431 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA -403A TO THE CITY COUNCIL TO "PRE- APPROVE" EIGHT (8) PUBLIC FACILITY SITES WHICH CAN ACCOMMODATE WIRELESS FACILITIES. PETITIONED BY: CITY OF EL SEGUNDO. WHEREAS, the City of El Segundo is requesting 'pre - approval' for eight (8) public facility sites which can accommodate Major and /or Minor wireless communication facilities located at 400 Lomita Street (Site A), 348 Main Street (Site B), 640 Main Street (Site C), 150 Illinois Street (Site D), 615 Richmond Street (Site E), 2161 E El Segundo Blvd (Site F), 1935 Hughes Way (Site G) and 223 Center Street (Site H), in the Public Facility (P -F) Zone (except for Site F, which is located in the Urban Mixed Use - North (MU -N) Zone), and, WHEREAS, an Environmental Assessment (No EA- 403A), including an Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed project, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805), and, WHEREAS, at the duly scheduled and public noticed meetings of the Planning Commission of the City of El Segundo on October 22, 1998 and November 12, 1998, duly advertised public hearings were held on this matter in the Council Chamber of the City Hall, 350 Main Street, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -403A, and, WHEREAS, at said hearings the following facts were established `t Section 20 62 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre - approve" a list of pobbc facility sites which can accommodate Major Wireless Communication Facilities (WCF) with approval of a Wireless Communication Facility Permit (WCFP) This project is to comply with that requirement The proposed project is to 'pre- approve" eight (8) public facility sites which can accommodate Major and /or Minor WCF The location, property owner, type of allowable facility and allowable maximum height of each facility are listed in Table 1 below 7A 02;G Table 1 Site Location Property Owner Type(s) of Allowable Allowable Maximum Facility Height A City Water tower (400 Lomita Street) City of El Segundo utillty- mounted Shall not exceed top of watertower B Communication Tower at Fire Station City of El Segundo utility- mounted Shall not exceed height dt, future 911 Communication Facility of utility, it technically at Police Station (348 Main Street) feasible If not technically feasible, an additional 15 feet of vertical height shall be allowed C Campanile at El Segundo High School El Segundo Unified wall - mounted Shall not exceed top of (640 Main Street) School District bell tower D City Maintenance Yard (150 Illinois City of El Segundo roof- mounted, utility- 48 feet Street) mounted. wall- mounted E light standards at Richmond Field • City of EI Segundo (light utility- mounted Shall not exceed top of middle school (615 Richmond Street) poles only), Ef Segundo light standards Unified School District (land) F Fire Station a2 (2161 E El Segundo City of El Segundo roof- mounted, utility- 175 feet Blvd ) mounted, wall- mounted G West Basin Water Reclamation Plant West Basin Municipal ground - mounted, utility- 142 feet (1935 Hughes Way) Water District mounted, roof - mounted, wall-mounted H LA County Flood Pump Station (223 Los Angeles County roof - mounted, wall- 34 feet, it technically Center Street) mounted, utility- mounted feasible If not technically feasible, an additional 15 feet (vertical) shall be permitted SO„rre Crt� of EI Segundo 3 A Major facility is defined as a wireless communication facility that Is either ground- mounted (such as monopole) or roof - mounted (I a situated on the roof of a building) but which exceeds the height of the Zone in which It Is located In A Minor facility Is defined as a wireless Communication facility which Is wall- mounted (I e , attached to a building's facade), utility- mounted (I e , attached to an existing utility, such as a light pole) or roof - mounted (but which does n21 exceed the height of the Zone In which It is located In) a A Major or Minor wireless communication facility proposed on a "pre- approved" site requires approval of a WCFP, which is an administrative action, not a discretionary action 5 Sites A -E and Sites G - H are located In the Public Facilities (PF) Zone and have a General Plan land use designation of Public Facilities Site F is located in the Urban Mixed -Use North (MU -N) Zone and has a General Plan land use designation of Urban Mixed -Use North 6 Pacific Bell Mobile Services (PBMS) requested that the northwest corner of Main Street and Imperial Avenue be Included as a Pre- Approved Site, however, due to unresolved land use restrictions It was not Included on the list Reso 2431 ­75 7 The Pre - Approved Site List can be amended from time to time, by Resolution, as permitted by Section 20 62 140 (A)(1) of the ESMC. Comments about the project were received from the Public Works Department, two (2) property owners and the West Basin Municipal Water District (WBMWD) If applicable, the comments were Included as conditions of approval in this Resolution. 9 The eight (8) proposed Pre - Approved Sites are available for lease if the property owner(s) deem appropriate 10 The proposed project Is subject to the CEQA. In accordance with State guidelines and local requirements, an Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental review, and was available for public review and comment No significant adverse impacts were identified which could not be mitigated to an insignificant level with conditions, including impacts to land use and planning, geologic problems, water, transportation /circulation, noise and aesthetics NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No EA -403A, the Planning Commission finds as follows- ENVIRONMENTAL ASSESSMENT 1 The Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the CEQA; and, 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, 3 That the Planning Commission hereby recommends that the City Council authorize the Director of Planning and Budding Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Minimus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within ten (10) days after receiving City Council approval, the City of Segundo shall file the required certificate with the County of Los Angeles, along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County GENERAL PLAN AND ZONING CONSISTENCY The General Plan land use designation for Sites A -E and Sites G -H is Public Facilities and Urban Mixed -Use North for Site F The General Plan goals, objectives and policies which relate to this project are from the Land Use, Economic Development, Open Space and Recreation, and Conservation Elements With regards to the Land Use Element, the following policies support this project Policy LU1 -5 6, which requires that all development proposals comply with the City's Zoning Ordinance and the CEQA, Policy LU1 -5.8, which supports the use of innovative land development and design techniques; and, Policy LU7 -2 5, which encourages the design of public facilities and utilities to be compatible with surrounding uses Reso 2431 oltl 1:7111 -11 t f -r . '04 ti+r.a t With regards to the Economic Development Element, the following goals, objectives and policies apply. Goals ED1 and ED2, Objectives ED1 -1, ED1 -2 and ED2 -1, Policies ED1 -1.1, ED1 -2 1, ED1 -2 2, ED1 -2.3 and ED2 -1.3, which support the creation and maintenance of a diverse and strong economic base which benefits the City, its residents as well as its business community. With regards to the Open Space and Recreation Element, the following policies apply. Policy OS1 -1.9, which supports alternative funding mechanisms for recreational facility maintenance; and Policy OS1 -5.3, which supports the continued protection of the El Segundo Blue Butterfly. Lastly, the following goals and policies of the Conservation Element apply. Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the protection of the urban landscape such that negative aesthetic impacts are minimized and that the character of existing neighborhoods and civic landscapes are maintained. 2 That Section 20 62 140 of the ESMC requires the City to "pre- approve," by Resolution, a list of public facility sites which can accommodate Major wireless facilities, and which would require only administrative review and approval of a WCFP, rather than discretionary review and approval NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends approval of Environmental Assessment No. EA -403A to the City Council, subject to the following conditions Prior to issuance of building permits, the applicant shall receive administrative approval of a Wireless Communication Facility Permit (WCFP) from the Director of Planning and Building Safety for any wireless facility proposed on Sites A -H. Prior to issuance of building permits, the applicant shall sign a lease agreement with the property owner and provide a copy of the signed lease agreement to the Director of Planning and Safety If the wireless facility is to be located on City-owned property, the lease agreement shall contain provisions which refer to the cost for leasing the Pre - Approved Site, an understanding by the applicant that the applicant is responsible for paying the City Attorney's costs for preparing the lease agreement documents, access to the Site (including emergency access), relocation /restoration provisions, and other provisions as deemed appropriate by the City Attorney 3 Access to Sites A (City Water Tower) and D (City Maintenance Yard) is limited to 7 00 AM - 3 00 PM on weekdays There will be no regular access during weekends and City holidays Emergency access will be subject to reimbursement for costs incurred by the City 4 All leases of public property for Pre - Approved Sites A -H are non - exclusive The lessee (operator of the wireless facility) shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent it is technically feasible 5 Prior to issuance of building permits for a wireless facility located on City -owned property, the applicant shall provide liability insurance to the satisfaction of the City Attorney. 6 Prior to issuance of building permits, the applicant shall submit plans which show compliance with the following design requirements A) The maximum height of any wireless communication facility to be located on Pre - Approved Sites A -H shall not exceed the maximum height allowed, as shown in Table 1, Page 2, of this Resolution rieso 2431 zo_ B) A wall- mounted wireless communication facility shall be comprised of non - reflective matenal(s) and painted or camouflaged to blend with surrounding materials and colors Any and all screening used in connection with a wall- mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted. C) A utility- mounted facility shall not protrude or extend horizontally more than 24 inches from the existing utility pole or structure; and, it shall be painted to match the color of the existing utility structure in which it would be located on. D) A roof - mounted facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building. The screen shall also be painted to match the color of the building Furthermore, any guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public rights -of -way E) A ground- mounted facility shall be located in close proximity to existing above - ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next twenty-four months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City Furthermore, it shall not be located in any required setback, required parking area, vehicle maneuvering area, vehicle /pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs the utility or intended function of such area. And, the facility shall be screened from access by the general public with a fence or a type of design approved by the Director of Planning and Building Safety and the property owner. It shall also be covered with a clear anti - graffiti material of a type approved by the Director of Planning and Budding Safety. The City may grant a waiver of this requirement if the applicant demonstrates to the satisfaction of the City that there is adequate security around the facility to prevent graffiti 7 Prior to issuance of building permits for Site G [West Basin Municipal Water District ( WBMWD)], the applicant shall provide the Director of Planning and Building Safety with written authorization from WBMWD (property owner) that it has approved the building plans for the proposed wireless facility The applicant shall contact Paul Schoenberger, Chief of Engineering and Operations, for the WBMWD at 17140 South Avalon Boulevard, Suite 210, Carson, CA 90746 -1218, (310) 660 -6218, or another representative as authorized by WBMWD Prior to the issuance of a permit, the applicant shall submit to the Departments of Planning and Building Safety and Public Works a complete Construction Plan for review and approval The Plan shall 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 The plan shall limit construction hours to 7 00 a m to 6 00 p m Monday through Saturday, and prohibit construction an Sundays and Holidays During construction, trash shall be removed from the Project Site on a daily basis At the end of each construction day, all open trenches shall 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 shall provide a twenty-four (24) hour, every day contact person /liaison to receive and respond to complaints during construction Reso 2431 M ii97 e_i N During all phases of construction, the applicant shall comply with the City's Storm Water and Urban Run -Off Pollution Prevention Control Ordinance (No. 1235). 10 During all phases of construction the applicant shall comply with Chapter 9.06, Noise and Vibration Regulations of the ESMC 11 The applicant shall indemnity, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -403A BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same The decision of the Planning Commission as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council PASSED, APPROVED AND ADOPTED this 12th day of November, 1998. Bret B Bernard, AiCP, Director of Planning and Building Safety, and Secretary of the Planning Commission of the City of El Segundo, California VOTES Crowley - Wycoff - Palmer - Boulgandes - Kretzmer - Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California f P \protects \400. 425 \ea -403A \peres res Reso 2431 DRAFT CITY OF EL SEGUNDO INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PRE - APPROVED SITES FOR MAJOR WIRELESS COMMUNICATION FACILITIES ENVIRONMENTAL ASSESSMENT EA -403A September 23, 1998 Prepared by: CITY OF EL SEGUNDO DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 MAIN STREET EL SEGUNDO, CA 30245 Page 1 of 13 M 023 SECTION 1.0 PROJECT DESCRIPTION The proposed project is to comply with Section 20.62.140 of the El Segundo Municipal Code (ESMC) which requires the City to pre- approve, by Resolution, a list of sites that would allow major wireless communication facilities (WCF) with approval of an administrative permit, rather than a discretionary permit. By definition, a major WCF is either a ground- mounted facility (such as a monopole) or a roof - mounted facility that exceeds the height of the zone in which it is located in, and which normally requires discretionary review (i.e , Conditional Use Permit) and approval by the Planning Commission A pre- approved site, on the other hand, would allow major WCF, however, only administrative review and approval of a Wireless Communication Facility Permit (WCFP) would be required. Each "pre - approved" site will have permissible development and design characteristics and be non - exclusive, such that it is available to more than one vendor Eight sites are proposed for pre - approval and Table 1 below lists the location, property owner and types of facilities proposed for each site. For simplicity's sake, the types of allowable facilities listed in Table 1 also includes minor facilities (i.e., utility- mounted, wall - mounted and roof - mounted wireless facilities which do not exceed the height of the zone they are located in) since these types of facilities are also permissible on the proposed sites with administrative review and approval of a WCFP Table 1 Site Location Property Owner Types of Allowable Facilities A water tower (400 Lomita City of El Segundo utility- mounted St B communication tower at City of El Segundo utility- mounted Fire Station #1, future 911 communication facility at Police Station 348 Main St C bell tower at high school El Segundo Unified wall- mounted (640 Main St School District D City maintenance yard City of El Segundo roof - mounted, utility- mounted, (150 Illinois St wall- mounted E light standards at City of El Segundo utility- mounted Richmond Field — (light poles only), El middle school (615 Segundo Unified Richmond St School District land F Fire Station #2 (2161 E City of El Segundo roof - mounted, utility- mounted, El Segundo Blvd wall- mounted G West Basin Water West Basin Municipal ground- mounted, utility- Reclamation Plant Water District mounted, roof - mounted, wall - (1935 Hughes Way) mounted H LA County flood pump Los Angeles County roof- mounted, wall- mounted, station 223 Center St utility-mounted Page 2 of 13 ME SECTION 2.0 DESCRIPTION OF EXISTING ENVIRONMENT Site A is the 104' -4" foot high water tower located at 400 Lomita Street at the City's Water Plant. Surrounding uses include residential to the north, south, east and west, as well as a small park to the south, a church and day care center to the west, and St. Anthony's Church and School to the southwest (across Grand Avenue) Site B is the existing communication tower at Fire Station #1 and the future 911 communication facility at the Police Station at 348 Main Street, which is at the Civic Center. The existing tower is located at the rear of the fire station building and is adjacent to the police station The tower currently holds the City's emergency response and communication systems The future 911 communication facility has not yet been constructed but it is planned to be added to the Police Station The surrounding area is predominantly retail - commercial, with high - density residential located to the east on Standard Avenue and some single - family residential to the northeast, beyond Holly Street and Standard Avenue Site C is the bell tower at El Segundo High School located at 640 Main Street Surrounding uses to the north, south and west are predominantly residential, with a public library and park to the west (across Main Street) and more residential to the northwest and southwest Site D is the City's Maintenance Yard located at 150 Illinois Street Surrounding uses include offices to the south and Chevron Park further south (across El Segundo Boulevard), a nursery to the northeast, offices further east (across Sepulveda Boulevard), and industrial uses to the west Site E are the 5 light standards located on Richmond Field at the El Segundo Middle School at 615 Richmond Street Each of the 5 light standards are approximately 65 feet high. The surrounding area to the north, west and south is predominantly residential, with a public pool, library and park to the immediate east Site F is Fire Station #2 located at 2161 East El Segundo Boulevard. Surrounding uses include light industrial /research and development facilities to the south (Raytheon), vacant land approved with mixed uses (hotel, recreational facility, corporate offices, etc ) to the north and west (Grand Avenue Corporate Center), and office and light industrial uses to the east The elevated Metro Rail Green Line station is located southeast and east of the site (across El Segundo Boulevard and Nash Street) Site G is the West Basin Municipal Water District Reclamation Plant located at 1935 Hughes Way The surrounding uses include a golf course and driving range to the north, a nursery to the immediate east underneath the Southern California Edison power lines and light industrial /research and development uses (Raytheon) further east, a self- storage facility and freight forwarders (Federal Express) to the south and southeast, and the Chevron oil refinery to the west (across Sepulveda Boulevard) Site H is the Los Angeles County Flood Pump Station located at 223 Center Street. Surrounding uses include residential to the north (across Grand Avenue) and west, a park (Wyle Park) to the west and, small industrial uses to the south and east Page 3 of 13 �1, Q24 SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM Appendix I, the Environmental Checklist Form contained in the California Environmental Quality Act (CEQA) guidelines, has been reproduced under the provisions of the CEQA and is attached to this Initial Study. The purpose of the form is to identify and evaluate potential adverse environmental impacts of the project The checklist consists of background information, a checklist of environmental impacts, and a determination by the lead agency of the project's potential impacts on the environment and the type of the CEQA document that will be prepared A discussion of the items checked on the form is located in Section 4 0, Environmental Analysis, below SECTION 4.0 ENVIRONMENTAL ANALYSIS 1. LAND USE PLANNING Table 2 below lists the General Plan Land Use designations and Zoning for each of the eight sites Although the General Plan Land Use Element does not specifically mention wireless facilities as permitted structures, the facilities themselves are considered "accessory structures" to structures allowed within each designation. Moreover, Chapter 20.62 (Wireless Communication Facilities) of the ESMC, requires that the City pre- approve a list of sites on either public or private property which would allow major, as well as minor facilities, with approval of an administrative Wireless Communication Facility Permit (WCFP) as opposed to a discretionary permit (i e , Conditional Use Permit) If a wireless facility is proposed on a Pre - Approved Site, the facility will have to comply with all the requirements of Chapter 20.62 of the ESMC Compliance with all the requirements of Chapter 20.62 will reduce any potential conflicts with the General Plan and Zoning to below a level of significance TABLE 2 Site Location General Plan Designation Zoning Designation A water tower 400 Lomita St Public Facilities Public Facilities P -F B communication tower at Fire Public Facilities Public Facilities (P -F) Station #1, future 911 communication facility at Police Station 348 Main St C bell tower at high school Public Facilities Public Facilities (P -F) (640 Main St D City aril 150 Illinois St Public Facilities Public Facilities P -F E light standards at Richmond Public Facilities Public Facilities (P -F) Field — Middle School (615 Richmond St. F Fire Station #2 (2161 E El Urban Mixed Use -North Urban Mixed Use- Segundo Blvd North G West Basin Water Plant Public Facilities Public Facilities (P -F) (1935 Hughes Wa H LA County flood pump Public Facilities Public Facilities (P -F) station (223 Center St Page 4 of 13 %3, The General Plan goals, objective and policies which relate to this project are from the Land Use, Economic Development, Open Space and Recreation, and Conservation Elements With regards to the Land Use Element, the following policies support this project: Policy LU1 -5 6, which requires that all development proposals comply with the City's Zoning Ordinance and the CEQA; Policy LU1 -58, which supports the use of innovative land development and design techniques; and, Policy LU7 -2.5, which encourages the design of public facilities and utilities to be compatible with surrounding uses. With regards to the Economic Development Element, the following goals, objectives and policies apply. Goals ED1 and ED2, Objectives ED1 -1, ED1 -2 and ED2 -1, Policies ED1 -1.1, ED1 -21, ED1 -22, ED1 -23 and Ed2 -1.3, which support the creation and maintenance of a diverse and strong economic base which benefits the City, its residents as well as its business community. With regards to the Open Space and Recreation Element, the following policies apply Policy OS1 -1 9, which supports alternative funding mechanisms for recreational facility maintenance; and Policy OS1 -5.3, which supports the continued protection of the El Segundo Blue Butterfly. Lastly, the following goals and policies of the Conservation Element apply Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the protection of the urban landscape such that negative aesthetic impacts are minimized and that the character of existing neighborhoods and civic landscapes are maintained Conformance with the General Plan is a policy issue which is determined at the discretion of the Planning Commission or the City Council if the decision is appealed The Zoning and Municipal Codes incorporate many requirements which will help to mitigate any potential General Plan conflicts. The development of wireless facilities on proposed Pre - Approved Sites A through H will not conflict with any other policies or environmental plans, therefore, no impact is anticipated. Moreover, development of wireless facilities on Sites A through H will not be incompatible with existing land uses since the facilities are considered accessory structures, which would be permitted with approval of a WCFP Compliance with the City's General Plan, ESMC, specifically Chapter 20 62 and the CEQA will ensure that the facilities' potential incompatibility with existing land uses are reduced to below a level of significance Development of wireless facilities on proposed Pre - Approved Sites A through H will not affect agricultural resources since the Sites are located in urban areas developed with existing structures and which do not support agricultural uses. In addition, development of wireless facilities on Sites A through H will not disrupt or divide the physical arrangement of an established community since the facilities would be located on existing structures or sites which have been previously developed with structures, buildings or facilities No impacts are anticipated and no mitigation is required 2 POPULATION AND HOUSING The proposed project is to pre- approve Sites A through H to allow the future development of unmanned, major and minor, wireless communication facilities Since the facilities would be unmanned, the development and operation of the facilities would not result in an increase of the population such that regional or local population projections would be exceeded; it would not induce substantial growth; nor would it create a demand for additional housing. Furthermore, since no housing units exist on proposed Pre - Approved Sites A through H, the proposal would not displace existing housing, especially affordable housing No mitigation is required Page 5 of 13 %4- 025 3. GEOLOGIC PROBLEMS As shown on Exhibit PS -1 in the Safety Element of the City's General Plan, three active /potentially active faults (Newport- Inglewood Fault, Palos Verdes Fault and Malibu -Santa Monica Fault) are located near the City, therefore, future wireless facilities would be exposed to seismic risks just as other developments of comparable size in the vicinity would be, should an earthquake occur along these faults Fault rupture or seismic ground shaking could occur, nonetheless, the effects are mitigated because the wireless facilities to be constructed will comply with the latest Uniform Building Code (UBC) requirements for seismic safety. Compliance with the UBC will reduce the impacts of fault rupture or ground shaking on the future wireless facilities to below a level of significance. Two areas of the City have a high potential for liquefaction during an earthquake* the extreme western portion of the City parallel to the coastline along Vista del Mar and, the northeast portion of the City from Aviation Boulevard, northwest to Imperial Highway, just west of Sepulveda Boulevard. Since none of the proposed Pre- Approved Sites are located within these two areas, no impacts are anticipated and no mitigation is required. According to the Safety Element of the City's General Plan, the southwestern portion of the City along the coast (and adjacent portions of the City of Los Angeles to the north) are identified as seiche and tsunami hazard areas, however, since none of the proposed sites are located in these areas, no impacts due to these natural hazards are anticipated. Site E, which is located to the east of the City of Los Angeles Hyperion Wastewater Treatment Plant and about 3/4 mile east from the coast, is the closest Site to these hazard areas. However, it is above the potential hazard area, therefore, no impacts are anticipated. No mitigation is required. If proposed Pre - Approved Site G is developed with a ground- mounted facility, minimal grading would be required to construct the facility, however, significant changes in the topography of the site (which has been previously graded and is relatively flat) will not occur, although some erosion of site soil may occur during construction However, soil erosion will be controlled with application of the City's Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No 1235) Compliance with this Ordinance will reduce the impacts of soil erosion from project grading activities to below a level of significance Sites A -F and Site H are not proposed to permit ground- mounted facilities, therefore, no sod impacts due to grading, excavation or fill will occur Al; of the proposed Pre - Approved Sites have been previously developed with structures and/or buildings, and no known unique geologic or physical features exist on any of the sites, therefore, no impacts to unique geologic or physical features are anticipated As stated above, none of the saes are located in areas that have the potential for seismic ground failure and liquefaction, therefore, the possibility of land subsidence is remote and no impact is anticipated Furthermore, some areas located at the northeast corner of the City (south of Imperial Highway west of Aviation Boulevard, east of Nash and north of El Segundo Boulevard) have been identified as having expansive soils (specifically Montezuma Clay Adobe), however, only Site F is within this area and the types of wireless facilities proposed for Site F (wall -, roof- or utility - mounted facilities) will have no impact on the soil of the site Therefore, no impacts due to expansive soils will occur on any of the proposed Sites None of the Sites are located on or near hillsides, therefore, the potential for landslides or mudflows is non - existent. No mitigation is required Page 6 of 13 • A J 4. WATER If proposed Pre - Approved Site G is developed with a ground- mounted facility, minimal grading would be required to construct the facility, however, it will not significantly impact absorption rates, drainage patterns or the rate and amount of surface runoff of the site since compliance with standard City conditions regulating grading and drainage will reduce the potential impact to below a level of significance. Development of wireless facilities on Pre - Approved Sites A, B, C, D, E, F and H will have no impact on absorption rates, drainage patterns or surface runoff since these facilities would either be utility- mounted, wall- mounted or roof - mounted and no grading would be required. According to Exhibit PS -2 contained in the Safety Element of the City's General Plan, El Segundo is not at risk from flooding during a 100 -year storm since there are no dams or waterways located near the City Localized flooding during periods of heavy rainfall may occur but this would be due to the inadequacy of storm drains, therefore, the risk of flooding or other water related hazards on any of the Sites is considered remote and no impacts are anticipated If proposed Pre - Approved Site G is developed with a ground - mounted facility, minimal grading would be requred to construct the facility, however, runoff from the site would be controlled by compliance with the City's Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No 1235) such that there will be no sod discharged from the site into surface waters and such that no changes in the amount of surface water could occur. Development of wireless facilities on Pre - Approved Sites A - F and H will not result in discharge into surface waters or changes in the amount of surface waters since no grading is required to install utility- mounted, wall- mounted or roof - mounted facilities. Development of Sites A through H will not cause changes in water currents or the course or direction of water movements since none of the Sites are located on a water body Site E is located approximately 3/4 of a mile from the Pacific Ocean, however, due to the nature of wireless facilities as communication systems, no impacts to water currents or the course or direction of water movements is anticipated No mitigation is required Development of Sites A through F and Site H will not affect the quantity or quality of ground waters since the types of wireless facilities proposed on these sites will not involve any type of soil disruption, such as grading or excavation Although Site G could accommodate a ground - mounted facility, the grading that would be required to construct the facility would be so minimal that it would not impact ground water quality or quantity or any other impacts to groundwaters No impacts are anticipated and no mitigation is required 5 AIR QUALITY During the construction phase of Sites A through H, a less than significant amount of criteria pollutants and/or odor may be dispersed into the air This might be due to the delivery of construction materials, travel by construction workers, and/or application of architectural coatings or other building materials, such as paint or other weather - proofing chemicals Furthermore, if Site G is developed with a ground- mounted facility, minimal grading may result in fugitive construction dust, however, due to the small scale of the project [the threshold of potential significance for air quality (as determined by the SCAQMD) during construction begins at 660,000 square feet of gross floor area and a ground- mounted facility would have zero gross Page 7 of 13 $6 026 floor area] only a less than significant amount of impact is anticipated, therefore, no mitigation is required During the operation of the unmanned wireless facilities, the bimonthly visits of maintenance workers would result in negligible amounts of air pollutants associated with vehicle traffic, however, no air quality standards would be exceeded as a result of the development of these facilities. Furthermore, the development or operation of the wireless facilities on the eight Sites will not alter air movement, moisture, or temperature, or cause changes in climate since these facilities are not known to cause or affect such changes. No impacts are anticipated and no mitigation is required 6. TRANSPORTATION /CIRCULATION Based on information obtained from previously approved wireless facilities (EA -429, EA -437 and EA -433) the operation of these facilities will not result in a significant increase of vehicle trips or traffic congestion since these unmanned facilities routinely require between 1 -2 maintenance visits per month (per facility) Thus, due to the relatively small number of vehicle trips that would result, a less than significant impact is anticipated and no mitigation is required. Furthermore, the project is not anticipated to create a hazard for pedestrians or bicyclists, since most of the facilities will be mounted to tall structures such as roofs, walls, utilities or possibly a monopole which will be too high to affect pedestrian orbicycle access. Moreover, the project will not conflict with policies supporting alternative transportation, nor would it have an impact on rail, water or air traffic No mitigation is required. Development of wireless facilities on Pre - Approved Sites A through F and Site H will not create hazards to safety from design features since the facilities would be located on existing structures such as utilities, walls or roof -tops, which will have no impact on on -site or off -site circulation Pre- Approved Site G, if developed with a ground- mounted facility, would also have no impact on hazards to safety since the facility will have to receive the appropriate WCFP, as well as a building permit, and will be reviewed for its compatibility with existing uses and structures, as well as for its impact on -site circulation No mitigation is required Pre - Approved Sites A through H are publicly and privately owned and access to each site will be determined by the terms of the lease agreement that each vendor enters with either the City or the private property owner The Public Works Department has indicated that access to Site A (City water tower) and Site D (City maintenance yard) will be limited to 7:00 a.m — 3 00 p m during the week and that no access will be available on weekends and City holidays, and that emergency access will be subject to reimbursement for costs incurred by the City Agreement to the terms of the lease regulating access for Sites A and D, as well as for the other Pre - Approved Sites, will reduce the potential for inadequate emergency access or access to nearby uses to below a level of significance Furthermore, since the wireless facilities proposed on Pre - Approved Sites A through H would be unmanned, they would not generate a need for additional parking and no impacts to on -site or off -site parking will occur. 7 BIOLOGICAL RESOURCES All of the Sites have previously been developed and are located in urbanized areas where no endangered, threatened or rare plant, animal, insect, fish or bird species are known to exist. The El Segundo Blue Butterfly habitat is located north of the City of Los Angeles Hyperion Page 8 of 13 i' Wastewater Treatment Plant, north of Imperial Highway and outside of the City limits The Draft Recovery Plan for the El Segundo Blue Butterfly identifies two sand dunes within the City limits which contain restorable habitats for the Blue Butterfly, however, "areas that have otherwise been permanently altered by human actions" cannot be considered a restorable habitat. Therefore, since all of the proposed Sites have previously been developed, they cannot be considered a restorable habitat of the Blue Butterfly and no impact will occur to this endangered species. In addition, the development of wireless facilities on any of the Sites will have no impact on locally designated natural communities, wetland habitat or wildlife dispersal migration corridors since none of these elements exist in the City No mitigation is required 8. ENERGY AND MINERAL RESOURCES Development and operation of the wireless facilities would result in the slight increase and consumption of renewable and non - renewable natural resources in the form of building materials. A slight increase in consumption of electricity may occur during the operation of the facilities, however, consumption Is expected to be marginal and would be considered insignificant relative to cumulative consumption volumes throughout the City of El Segundo and the airport area as a whole. The development and operation of the wireless facilities will not conflict with adopted energy conservation plans, use non - renewable resources in a wasteful or inefficient manner, or result in the loss of availability of a known mineral resource No mitigation is required 9. HAZARDS During the construction of the wireless facilities, a less than significant amount of hazardous substances may be dispersed into the air due to the application of architectural coatings, paint or other weather - proofing chemicals However, due to the small scale of the construction of the wireless facilities, no mitigation is required Development of Pre - Approved Sites A through H will not interfere with the City's adopted Emergency Operations Plan (EOP) Although Sites A, 6, D and F are located on City -owned facilities, the development or operation of these facilities will not affect emergency procedures since the facilities would be mounted to existing utilities, walls or roof -tops Furthermore, the wireless facilities would operate under a Federal Communication Commission (FCC) assigned radio frequency which is different from the radio frequencies used by fire, police or other safety - oriented agencies, therefore, operation of the facilities will have no impact on the City's emergency response or evacuation procedures There are no known hazardous substances on Sites A through H, therefore, the development of wireless facilities on these Sites would not expose construction workers or maintenance workers to any existing sources of health hazards during construction and operation of proposed wireless communication facilities No impacts are anticipated and no mitigation is required. Development of the wireless facilities on Sites A through H will not result in an increase of fire hazards since the potential for wildland fire hazards are low since the City is located in an urbanized environment where hazards to fire safety stem largely from industrial facilities using large amounts of flammable or toxic materials, high -rise buildings, public gathering places, older buildings with substandard electrical and heating systems, and residential neighborhoods interspersed with untreated wood shingle roofs (Safety Element of the General Plan). As shown Page 9 of 13 � 3 027 on Exhibit HM -1 of the Hazardous Materials and Waste Management Element of the City's General Plan, the highest degree of risk due to hazardous materials use is concentrated in the Chevron Oil refinery area and Smoky Hollow. Although Sites D and H are located in Smoky Hollow, the development of wireless facilities at these two Sites would have a less than significant impact in terms of exposing people to existing sources of potential health hazards since the facilities would be unmanned, except for the bi- monthly maintenance visits. 10. NOISE Development of the wireless facilities on Sites A through H will generate short-term construction related noise, however, these facilities will be constructed or operated in accordance with Chapter 9 06, Noise and Vibration Regulations, of the El Segundo Municipal Code, which will reduce the potential impact to below a level of significance. Furthermore, operation of a wireless facility has been known to generate the same level of noise as a standard residential air conditioning unit, however, such noise levels are considered negligible, therefore, no potential impact is anticipated from the operation of the facilities. No mitigation is required. 11. PUBLIC SERVICES Development of the proposed facilities on Sites B and F will have no impact upon or result in a need for new or altered fire protection services, even though these two sites are on Fire Station #1 and Fire Station #2, respectively. The wireless facility on Site B would be utility- mounted to an existing communication tower and the facilities on Site F would either be utility -, wall- or roof - mounted Similarly, development of utility - mounted wireless facilities on the future 911 communication facility which would be located at the Police Station will have no impact on Police protection services Furthermore, wireless facilities do not operate under the same radio frequencies as other safety - oriented agencies, therefore, the emergency response system of the Fire and Police Departments would not be affected. Similarly, no impact to the High School is anticipated from the development of a wireless facility on Site C since the facility would be unmanned and wall- mounted facility to the bell tower In addition, no impact to the maintenance of public facilities is anticipated from the development of a wireless facility on Site D (the City maintenance yard) since the facilities would be unmanned and roof -, wall- or utility- mounted. No impact to other governmental services are anticipated due to the development of wireless facilities on Site A through H No mitigation is required 12 UTILITIES AND SERVICE SYSTEMS Electricity, not natural gas, would be required to operate the wireless facilities on proposed Pre - Approved Sites A through H Development of the facilities would not result in a need for new or altered electrical systems and no impacts are anticipated since all of the Sites are developed with structures which currently utilize electricity Connections to phone lines will be required to develop these facilities, however, phone service is currently available on or near Sites A through H Site E, which are the 5 light standards on Richmond Field, will probably require a new phone line, however, phone lines are readily available from the nearby City pool Page 10 of 13 • MG Development of the wireless facilities on Sites A through H will not affect local or regional water treatment or distribution facilities, or local or regional water supplies, since the operation of these facilities will not utilize water. Furthermore, since the facilities are unmanned, no waste water will be created, therefore, regional wastewater treatment plants will not be affected. If proposed Pre - Approved Site G is developed with a ground- mounted facility, minimal grading would be required to construct the facility which may result in sod erosion which could potentially runoff into existing storm drains, however, compliance with the City0s Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No 1235) would reduce the impact to storm drains to below a level of significance No impacts to storm drains will occur due to the development of Sites A through F and Site H, since no grading (resulting in soil erosion) will occur An insignificant amount of solid waste would be generated by the construction of these facilities, however, the waste would be disposed of properly by the construction contractor at an existing solid waste disposal landfill No mitigation is required. 13. AESTHETICS Development of proposed Sites A through H will not impact a scenic vista or scenic highway since none exist within the City of Et Segundo The development of wireless facilities on Pre - Approved Sites A through H will not create light or glare since the facilities would be unilluminated and would be required to be painted to match the color of the buildings, walls or structures in which they would be attached to Development of wireless facilities on proposed Pre - Approved Sites A through F and Site H will not have a demonstrable negative aesthetic affect since the types of facilities proposed (i.e., utility -, wall- or roof - mounted) will be painted to match the existing color of the budding (if it is a wall- mounted antenna), will be screened from view and painted to match the color of the building (if it is a roof - mounted facility), or will be attached to an existing utility and painted to match the color of that utility. Compliance with Chapter 20.62 of the ESMC, which regulates the design requirements and guidelines for wireless facilities, will reduce the potential aesthetic impacts of these facilities to below a level of significance If Site G is developed with a ground mounted facility, the facility will have a less than significant impact on aesthetics for several reasons the Site contains several tall structures which would serve to mask the visual impact of the facility, there are three existing ground- mounted facilities located near the facility which are part of the existing visual urban landscape, and, the Site is located in-an industrial area where no residential views would be impacted Nonetheless, if Site G is developed with a roof - mounted facility the facility will be required to be screened from view and the screen painted to match the color of the existing building or structure; if it is developed with a wall- mounted facility the facility will be required to be painted to match the color of the existing building wall(s), if it is developed with a utility- mounted facility the facility will be required to be painted to match the color of the existing utility structure(s); and, if it is developed with a ground- mounted facility the facility will be painted to match nearby existing tall structures Compliance with Chapter 20 62 of the ESMC, which regulates wireless facilities, will reduce the potential negative aesthetic impacts of these wireless facilities on proposed Pre - Approved Sites A through H to below a level of significance Page 11 of 13 10 028 14. CULTURAL RESOURCES The potential for significant Impacts to historic or prehistoric sites, cultural, paleontological, archeological, historical or religious structures, or objects is considered remote. Proposed Pre - Approved Sites A through H are already developed with buildings and/or utilities or other structures. Moreover, the surrounding areas are a fully urbanized and developed environment and further archaeological studies are not necessary, nor are preservation efforts. The project is not expected to produce significant impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, budding, structure, or object, nor would they result in physical changes which would affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No mitigation is required 15. RECREATION Demands on parks and recreational facilities are primarily generated by permanent residential populations and the proposed project is not expected to alter the existing residential population since no residential development is proposed Development of wireless facilities on proposed Pre - Approved Sites A through H will not generate a demand for additional neighborhood or regional parks or other recreational facilities since the facilities would be unmanned. No mitigation is required 16 MANDATORY FINDINGS OF SIGNIFICANCE The proposed project does not have the potential to degrade the quality of the environment and will not achieve short-term goals to the disadvantage of long -term environmental goals. There are no foreseeable negative cumulative impacts or any Impacts that will have an adverse affect on human beings SECTION 5.0 SOURCES 1 Initial Study (Wireless Communication Facilities), Environmental Assessment EA -403, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 96 -3, May 1997. 2 El Segundo Blue Butterfly Draft Recovery Plan 3 City of El Segundo General Plan 4 City of Chino Hills Coordinated Antenna Plan Initial Study for Cox Communications, 1998 5 City of El Segundo staff reports EA -429, EA -433 and EA -437. 6 Los Angeles County Flood Control District Hydrology Manual. Page 12 of 13 1] P \projects \400 - 425 \ea403A\is Q ENVIRONMENTAL ASSESSMENT EA -403A MITIGATION MEASURES 1.a,c Land Use Planning 1 Comply with the El Segundo Municipal Code (ESMC), specifically Chapter 20 62, and the City's General Plan and the California Environmental Quality Act 3 a,b,f Geologic Problems 1 Obtain the requisite permits and approvals from the City of El Segundo Building Safety Division and Public Works Department. 4 a,c Water Obtain the requisite permits and approvals from the City of El Segundo Building Safety Division. 6 c Transportation /Circulation 1 Enter into a lease agreement with the property owner which contains provisions for access and emergency access onto the site. 10a Noise Comply with Chapter 9 06, Noise and Vibration Regulations, of the El Segundo Municipal Code 13 b c Aesthetics 1 Comply with Chapter 20 62, Wireless Communication Facilities, of the El Segundo Municipal Code Page 13 of 13 91. 029 912 BACKGROUND DEPARTMENT OF PLANNING AND BUILDING SAFETY ENVIRONMENTAL CHECKLIST FORM DRAFT 350 Main Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 Project M EA -403A 1. Project Title: Pre - Approved Location Map for Wireless Communication Facilities 2. Lead Agency Name and Address, City of El Segundo, 350 Main Street, El Segundo, CA 90245 3. Contact Person and Phone Number Hannah L. Brondial Bowen, Project Planner, (310) 322 -4670 ext 405 4 ( IJ Project Locations: Site Location Property Owner Types of Allowable Facilities A water tower 400 Lomita St 01yof El Segundo ubli - mounted B communication tower at Fire Station et City of El Segundo utility- mounted C and future 911 communication facilry at Public Facilities Public Facilities P -F D Police De aoment 346 Main Street Public Facilities Public Facilities P -F C bell tower at high shod 640 Main St El S undo UrufieO School District wall - mounted D City maintenance yard (150 Ibtnois St) Ciry of FJ Segundo mil- mounted, ubliy- mounted, wall- G West Basin Water Plant 1935 Hubhes Way) Public Facilities mounted E light standards at Richmond Field - City of E1 Segundo @ght poles only); ut6ety6moumed middle school (615 Richmond SL) FJ Segundo Unified Sdtool District land F Fire Station 02 (2161 E FJ Segundo City of FJ Segundo roof - mounted, ubliy- mounted, wall - Blvd ) mounted G West Basin Water Reclamation Plant West Basin Municipal Water Distinct ground - mounted, ublity- mounted, roof 11935 Hughes Way) mounted, wail - mounted H LA County flood pump station (223 Los Angeles County roof - mounted, wall - mounted, utility. Center Sit mounted Project Sponsor's Name and Address. City of El Segundo, 350 Main Street, El Segundo, CA 90245 General Plan and Zoning Designations Site Location 1 General Plan Designation Zoning Desl natlon A Water tower 1400 Lomita St Public Facilities Public Facilities P -F 8 Communication tower at Fire Station s t (348 Man St Public Facilities Public Facilities (P -F) C bell tower at high school 1640 Main St Public Facilities Public Facilities P -F D City rd 050 Illinois SL Public Facilities Public Facilities P -F E light standards at Richmond Field - Middle School 615 Richmond St) Public Facilities Public Facilities JP-F) F Fite Station $2 f216i E Ei Segundo Blvd Urban Mixed Use -Norm Urban Mixed Use -North G West Basin Water Plant 1935 Hubhes Way) Public Facilities Public Facilities P -F H I LA County hood pump station l223 Center St I Public Facilities Public Facilities P -F 1 94- 1130 LJKAt 1 7. Descrfpdon of Project: (Desuibe the whole secbri kwvhrod, kickf g but not "ad to taterpnases of the project and any secondary, support, or otf-sde features necessary for ifs unp/ementabon. Attach additional sheets if necessary] The proposed project is to comply with Section 20.62.140 of the Zoning Code which requires the City to approve, by Resolution, a list of pre - selected sites which would allow major wireless communication facilities (W CF), subject to approval of an administrative (rather than a discretionary) permit The proposal is to pre- approve eight sites for lease which could accommodate major and/or minor facilities. By definition, a major wireless communication facility is either a ground- mounted facility (such as a monopole) or a roof - mounted facility that exceeds the height of the zone in which It is located in. Minor facilities, on the other hand, can either be wall- mounted, utility- mounted or roof - mounted, however, roof - mounted minor facilities cannot exceed the height of the zone in which they are located in Minor facilities require approval of an administrative permit Details of the eight sites such as location, property owner and types of allowable facilities (both major and minor facilities), are listed in the table above, Project Locations. The eight proposed Pre - Approved Sites A through H have been analyzed for their environmental Impacts and a draft initial study has been prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to Section 15070 of CEQA . 8. Surrounding Land Uses and Setting* (Briefly describe the projects surroundings) [Various Sites — see draft Initial Study for EA -403A, Section 2.0, for greater detail.] The City of El Segundo is located in the Los Angeles urban area and is considered part of the AirporttSouth Bay subregion The City of El Segundo is situated between Los Angeles International Airport to the north, the City of Los Angeles Hyperion Wastewater Treatment Plant and Department of Water and Power Scattergood Generating Station and the Pacific Ocean to the west, the Chevron oil refinery and the City of Manhattan Beach to the south, and Del Aire (a Los Angeles County island) and the City of Hawthorne to the east Other Public Agencies Whose Approval is Required (e.g., p®muts, frnancingapprovat or participation agreement) Building and Safety Division, Fire Department, Public Works Department, Recreation and Parks Department, El Segundo Unified School District, West Basin Municipal Water District, Los Angeles County Public Works Department (Real Estate Division) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, Involving at least one impact that Is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. _J,• Land Use and Planning Population and Housing _/_ Geological Problems Water Air Quality _J _ TransporlatiorJOrculation Biological resources Energy and Mineral Resources Hazards _V_ Noise Mandatory Findings of Significance 9s Public Service Utilities and Service Systems 4 Aesthetics Cultural Resources Recreation III. DETERMINATION: DR, A I r On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: That the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures, as described on an attached sheet, have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. That the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets, d the impact is "potentially significant impact" or "potentially significant unless mitigated ' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to an earlier EIR, including revisions or mitigation ures that are imposed upon the proposed project. Bret B mar AICP Director of PI Wing d Building Safety Secretary of t e Planning Commission City of El Segundo s.f ✓m^'ris65f , 19%8 9( 031 uRiAqIV. ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets). 4 97 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact 1.Land Use Planning. Would the proposal: a) Conflict with general plan designation or X zoning? b) Conflict with applicable environmental plans or X policies adopted by agencies with junsdtctton over the project? c) Be incompatible with existing land use In the X vicinity? d) Affect agricultural resources or operations (e g. X impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an X established community (include a low - income or minority community)? 2 Population and Housing. Would the proposal a) Cumulatively exceed official regional or local X population projections? b) Induce substantial growth In an area either X directly or indirectly (e g , through projects In an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable X housing? 3 Geologic Problems Would the proposal result in or expose people to potential impacts involving a) Fault rupture? X j bi Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X j d) Seiche, tsunami, or volcanic hazard? X el Landslides or mudflows? X f) Erosion, changes in topography or unstable soil X ccnddions from excavation, grading, or fill? g) Suosidence of the land? X h) Expansive soils? X 1) Unique geologic or physical features? X 4 97 DR r 9$ 032 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact 4.Water. Would the proposal result in: a) Changes in absorption rates, drainage patt ems, X or the rate and amount of surface runoff? b) Exposure of people or property to water related X hazards such as flooding? c) Discharge into surface waters or other alteration X of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any X water body? e) Changes in currents, or the course or direction X of water movements? f) Change in the quality of ground waters, either X through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater qualW X 1) Substantial reduction in the amount of X groundwater otherwise available for public water supplies? 5 Air Quality Would the proposal. a) Violate any air quality standard or contribute to X an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, X or cause any changes in climate? d) Create objectionable odors' X 6 Transportation/Circulation. Would the proposal result in a) Increased vehicle taps or traffic congestion X b) Hazards to safety from design features (e.g., X sharp curves or dangerous intersections or incompatible uses (e g, farm equipment)? C) Inadequate emergency access or access to X nearby uses? d) Insufficient parking capacity on -site or off -site? X 9$ 032 l A 6 99 Potentially ri H Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact e) Hazards or barriers for pedestrians or X bicyclists? f) Conflicts with adopted policies supporting X alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? X 7. Biological Resources. Would the proposal result in impacts to a) Endangered, threatened, or rare species or their X habitats (including, but not limited to, plants, fish, insects, animals, and birds)? b) Locally designated species (e.g , heritage X trees)? c) Locally designated natural communities (e g , X oak forest, coastal habitat, etc.)? d) Wetland habitat (e g , marsh, riparian and X vernal pool)? e) Wildlife dispersal or migration corridors? X 8 Energy and Mineral Resources. Would the proposal a) Conflict with adopted energy conservation X plans? b) Use non - renewable resources in a wasteful and X inefficient manner? C) Result in the loss of availability of a known X mineral resource that would be of future value to the region and the residents of the State? 9 Pazards Would the proposal involve ai A nsk of accidental explosion or release of X j hazardous substances (including, but not limited tc, oil, pesticides, chemicals, or radiation)? o) Possible interference with an emergency X response plan or emergency evacuation plan? I c) The Creation of any health hazard or potential X health hazard? d) Exposure of people to existing sources of X potential health hazards? e) Increased fire hazard in areas with flammable X brush, grass, or trees? 6 99 IT ADO 033 Potentially Significant r Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact impact 10. Noise. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 11 Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas a) Fire protection? X b) Police protection? X c) Schools'r X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 12 Utilities and Service Systems. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution X facilities? d) Sewer or septic tanks? X e) Storm water drainage? X f) Sold waste disposal? X g) Local or regional water supplies? X 13 Aesthetics. Would the proposal a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 14 Cultural Resources. Would the proposal a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change X which would affect unique ethnic cultural ADO 033 17 EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed In an earlier EIR or negative declaration. Section 15063(c)(3)(D) In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated; describe the IDI Potentially �. Significant Potentially Unless less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact values? e) Restrict existing religious or sacred uses within X the potential Impact area? 15. Recreation, Would the proposal- a) Increase the demand for neighborhood or X regional parks or other recreational facilities? b) Affect existing recreational opportunities? X 16. Mandatory Findings of Significance. a) Does the project have the potential to degrade X the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory b) Does the project have the potential to achieve X short-term, to the disadvantage of long -term, environmental goais9 c) Does the project have impacts that are X individually limited, but cumulatively considerable') ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects ) i d) Does the project have environmental effects X which will cause substantial adverse effects on human beings, either directly or indirectly 17 EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed In an earlier EIR or negative declaration. Section 15063(c)(3)(D) In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated; describe the IDI mitigation measures which were incorporated or refined from the earlier document and the extei>fleiit�9 t address site - specific conditions for the protect. fv f pmjects\ea- 403a\envchk I °a. 034 /D3 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE August 26, 1998 TO Hanna Bowen Contract Planner FROM Bellur Devarat " + - Eity Engineer SUBJECT Wireless Facilities In response to your recent request, the City Water Facility at 400 Lomita Street and the Maintenance Facility at 150 Illinois Street may be Included as candidate sites for Wireless Facilities under the following conditions (1) Applicant agrees to pay a fee (to be negotiated) for leasing these two (2) City properties and for the City Attorney costs for preparing the lease agreement documents (2) Access to the sites shall be limited to 7 00 a m to 3.00 p.m on weekdays There will be no regular access during weekends and City holidays Emergency access will be subject to reimbursement for costs Incurred by the City (3) The applicant shall submit drawings, etc , for approval by the Public Works Department (4) Agreement shall not limit the City from entering into agreements with other vendors with similar requests (5) The Public Works Department will have the right to require the applicant to remove the Wireless Facilities and to restore the site to its anginal condition after giving ninety (90) days notice (6) liability insurance shall be provided to the City Attorney's satisfaction ....... . ............. .................. „. :... :: BKD or cc Ed Schroder, Director of Public Works Jack Hilton, General Services Manager Bobby Joe Green, Water Supervisor N Vv1EMOS \WIRELESS He O "r' 035 El ",agindo Unified School. strict a 641 SHELDON STREET EL SEGUNt)0, CALIFORNIA 90245 (310)615.2650 • FAX (310)640 -8272 1CN0 � art r JYL July 21, 1998 Ms Hannah L Brondial Bowen Contract Planner Cay of EI Segundo Planning and Building Safety Department 350 Main Street El Segundo, CA 90245 RE Wireless Communication Facilities in the City of El Segundo Dear Ms Brondial Bowen• I am in receipt of your letter dated July 10, 1998. El Segundo Unified School District is ii filling to accommodate your request to include the high school bell tower location as a possible site for a wireless communication facility in the City of El Segundo One addition to your letter is that permission for any installation would be subject to review and approval by both the School District and the City of El Segundo -�,s \ ou indicated in your letter, the school's appearance is very important to us as we belie% e that it adds to the beauty of our City We appreciate that there will be design guidelines and that visual impact is also of concern to your department. Please continue to keep us informed as to the status of this project SincereJ} i John Lamer Director of Business Services UUM1010 cc Dr William J Watkins Superintendent �edc¢/rrc� /c /i.c�ri��� - . /ra�/rn /.� anil /� cc»tntruei� tnt /f za o/iltnwnc %¢iaiie� tnatFCnnteie/ /�¢I.�ytQ�,l ea�iccale2!�rollic %ire. crii�in- 1licir¢ /r ct/rxe�1 /c irreel /fie cf¢l�i�i1 c�2JOC[e/� tic /� 2/,1/, ��e /tub/. dC)s aLos 111 ' LII011�e HARRY STONE, Direnor September 3, 1998 COUNTY OF LOS ANGEL�;S DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone (621)658 -5100 Ms Hannah L Brondial Bowen Protect Planner City of El Segundo Planning and Building Safety Department 350 Main Street El Segundo, CA 90245 -0989 Dear Ms Brondial Bowen EL SEGUNDO PUMPING PLANT - INFORMATION SEP 14 1998 ADDRESS ALL CORRESPONDENCE TO P O BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE MP-2 We appreciate the City including the El Segundo Pumping Plant on its map of potential sites for wireless communication facilities The Flood Control District will require all applicants to submit plans for approval, apply for a construction permit, and enter into a Rental Agreement Enclosed for your information are copies of our standard Rental Agreement and a permit application Additional provisions may be included in the Rental Agreement to accommodate concerns of our operating Divisions If you need additional Information, please call me at (626) 458 -7072 Very truly yours, HARRY W STONE Director of Public Works / 1 ( � - (�C t 7l' �7 o /1-J 't'U- DAYNA ROTHMAN, Senior Real Property Agent Acquisition & Revenue Properties Section Mapping & Property Management Division DR IUP 2/LtrDR32 Enc 036 t /L�- r--i1 — d r, A /off. COMMUNICATIONS LICENSE AGREEMENT This LICENSE AGREEMENT ( "Agreement ") is entered into between ,a Segundo, a municipal corporation ( "Licensor ") this '1998. WHEREAS, company ( "Licensee "), and the City of El day of a Licensor is the fee title owner of that certain real property located at in the City of El Segundo, California, APN # , which is descnbed more particularly in Attachment A hereto, which description is fully incorporated herein by this reference ( "Real Property"), b Licensee desires to license from Licensor, on a non - exclusive basis, the right to use that certain portion of the Real Property, and those certain related easements through the Real Property for physical access and utilities, as depicted in Attachment B hereto which is fully incorporated herein by this reference ( "Premises "), Licensee desires to use the Premises for the installation, maintenance and operation of Licensee's communications equipment, including antenna and appurtenant antenna support structure(s), poles, dishes or masts, radio frequency transmitting and receiving equipment, pnmary, back -up and temporary power units, interconnection equipment, equipment cabinets, cabling, wrong, lines, conduits, pipes and accessories as more particularly described throughout this Agreement (collectively, "Communication Equipment ") Licensee's initial plans respecting installation of Communication Equipment and construction of related improvements on the Premises is depicted in Attachment C and fully incorporated herein by this reference A description of the Communication Equipment, including the proposed frequencies and configuration of operation is provided in Attachment D and fully incorporated herein by this reference, and d Licensor is willing to make the Premises available to Licensee, subject to the co% enants and conditions hereinafter set forth, on a non - exclusive basis, in order to facilitate the efficient and orderly deployment of communications facilities in the City of El Segundo AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties as set forth herein, and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows 1 Grant During the term of this Agreement, subject to the terms, conditions and covenants set forth herein, Licensor hereby grants to Licensee, on a nonexclusive basis, a license to use the Premises for the purposes permitted in Section 2 Document K 1310v2 /Os. 037 t 2 Use (a) Licensee shall have the right to use the Premises only for providing communication services relating to the transmission and reception of radio communication signals on the frequencies identified in Attachment D. Such use includes Licensee's right to install, construct, operate, maintain, repair, replace and secure Communication Equipment in accordance with the terms and conditions of this Agreement. (b) The precise location of the Communication Equipment, and any construction or improvements of the Premises, shall be subject to Licensor's prior wntten approval in accordance with Section 6 of this Agreement. (c) Licensee shall at all times, at Licensee's sole cost and expense, install, operate, maintain, repair, and remove the Communcation Equipment in accordance with all applicable federal, state and local laws, codes, ordinances, rules and regulations (collectively, "Laws "), and shall obtain all necessary governmental licenses, permits and approvals (collectively, "Approval ") required to install, operate, maintain, repair, and remove the Communication Equipment 3 Tenn (a) The initial term of the license granted hereunder ( "Term ") shall commence on the Commencement Date and continue for a period of years thereafter. For purposes of this Agreement, the "Commencement Date" shall be the first to occur of (i) the first da% of the month during which Licensor approves the Final Plans pursuant to Section 6(a) herein, or ( 11) six months after the date of this Agreement as first set forth above. Licensee shall give "ntzen nonce to Licensor upon commencement of installation or construction relating to the Contmumcation Equipment This License shall not be revoked or tenrimated except as expressly prodded herein (b) Licensee shall have the option to extend the Term, on the same terms and conditions as set forth in this Agreement, for up to successive terms of years each (" Rennwa] Terris "), provided that Licensee shall notify Licensor in writing of Licensee's intention to extend this Agreement at least 90 days prior to expiration of the Term or the then - emsnng Renewal Term, as the case maybe Notwithstanding the foregoing, Licensee shall not hay e the right to extend the Term hereof, and any notice by Licensee of its intention to extend this Agreement shall be of no effect, at any time when Licensee is in default under this 4ereement Document # I I10v 2 -2- ^ 4. Fees and Costs (a) On or before the Commencement Date, and on or before thirty (30) days prior to each anniversary of the Commencement Date during the Term and each Renewal Term, Licensee shall pay to Licensor an annual license fee in an amount of dollars ($ 00), adjusted in accordance with paragraph (b) immediately below (the annual license fee, as adjusted herein, is referred to as the "License Fee "). (b) The License Fee shall automatically increase each and every year of this Agreement, during the Term and during each Renewal Term, upon the anniversary of the Commencement Date The amount of increase shall be % of the License Fee in effect immediately preceding the increase (c) Except as otherwise provided in Section 9 below, the parties hereto agree that the License Fee is fully earned on the date that it becomes due Any refund or offset of any portion of the License Fee shall occur only as required under Section 9 below. 5 Most - Favored Nation Clause Following the execution of this License Agreement, if Licensee enters into a License Agreement or similar lease agreement for the use of public property for antenna purposes with a similar municipality in the region which agreement contains financial benefits for such mumcipality that are substantially superior to those in this License Agreement, the Licensor shall have the right to require that Licensee modify this License Agreement to incorporate the same or substantially similar superior benefits. For purposes of this Section, a similar municipality in the region includes any municipal governmental entity %� tth iurisdiction over a population of one hundred thousand (100,000) or fewer in the Counties of Los Angeles, Orange, Riverside, or San Bernardino Improvement, Installation, Early Access (a) Final plans respecting installation of Commumcatron Equipment and construction of related physical improvements to the Real Property ( "Final Plans ") shall be prepared at Licensee's sole cost and expense and submitted to the Licensor for its written appro\ al prior to any installation or construction of Communication Equipment on the Real Properi} Final Plans shall be in a form and provide such content as may be reasonably required h\ the Licensor Final Plans shall, at a minimum, describe the specific location of all Communication Equipment and construction of all related improvements, including any and all utilities such as an emergency or back -up battery, transportable generator power, communication lines proposed to connect the Communication Equipment and the minimum point of entry NPOE) or other point of presence of the telephone service provider at the Real Property. (b) Following execution of this Agreement and prior to the Commencement Date, Licensor shall reasonably accommodate Licensee and its authorized agents with respect to entry onto the Premises for the purpose of making inspections and engineering surveys and other tests and analyses to determine the suitability of the Premises for Communication Equipment, and to develop Final Plans; provided, however, that Licensee shall comply with any and all of the notice requirements or other limitations regarding access set forth in Attachment E hereto and Do umcni N 131N2 -3- �ln. u38 fully incorporated herein, and that such access shall not interfere with any business or operation at the Premises or the Real Property. Following the Commencement Date and throughout the Term or Renewal Term of this Agreement, Licensor shall provide Licensee with access to the Premises as stated in Section 7(h) below. (c) Licensor shall not unreasonably withhold, delay or condition its approval of Final Plans Notwithstanding the foregoing, Licensor has absolute discretion with respect to approval of (1) any proposed improvement or construction not described in Exhibits B or C at the time this Agreement is executed by Licensor, and (2) the specific location of any improvement or facility (subject only to technical feasibility). (d) Licensee shall not commence any construction at the Premises or install any equipment or facilities until and unless approved in the Final Plans or subsequently authorized in writing by the City Manager of the City of El Segundo or his or her authorized designee In the event that Licensee desires to relocate the Communication Equipment, or any part thereof, to a different place on the Premises, separate written approval from Licensor respecting such relocation shall be required Any such relocation shall be at Licensee's sole cost and expense (e) Licensee shall, at Licensee's sole cost and expense, perform all work necessary to prepare, add, maintain and alter the Premises for Communication Equipment in accordance with the Final Plans. All construction and installation work shall be performed in a good and workmanlike manner by licensed and bonded contractors, and in accordance with applicable Laws All such contractors shall maintain insurance in such amounts, against such nsks and in such forms as Licensor shall reasonably require, including the addition of Licensor as a named insured as set forth in Section 12 herein Licensee shall be required to separately obtain all necessary Approvals respecting such work by the appropriate governmental entities (f) Licensee acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty with respect to the condition of the Premises or the Real Property or with respect to the suitability of either for the conduct of Licensee's operations The commencement of any construction or installation shall conclusively establish that the Premises and Real property are acceptable to Licensee and are in a satisfactory condition Operation, Collocation. Regulations (a) Licensee shall comply with all Laws in designing, locating and operating the Communication Equipment, including but not limited to Chapter 20.62, "Wireless Communication Facilities," in the El Segundo Municipal Code, and those laws and regulations that are now or may hereafter be promulgated by the Federal Communications Commission ( "FCC ") Licensee shall upon request at its sole cost and expense produce evidence of such compliance (b) In addition to any tests that may be required by the FCC, Licensee shall on a regular basis, and at least (_) time per year, perform reasonable tests at its sole cost and expense to demonstrate that all applicable FCC regulations governing the emission of Documcn[ H 1310v2 -4- electro- magnetic frequency radiation from the Communication Equipment are complied with Licensee shall upon reasonable request perform more frequent testing (or specific additional testing if appropriate) at its sole cost and expense if there is evidence or reasonable concern respecting compliance with such standards. (c) Licensee shall comply with the "Technical Requirements for Third Party Collocation" set forth in Attachment F hereto and fully incorporated herein ( "Collocation Rules') with respect to the minal design, location and operation of the Communication Equipment ( "Initial Design ") at the Premises, and in relocating, maintaining, modifying, reconfiguring or changing the frequency or operation of such equipment after it is initially installed ( "Reconfiguration ") If at any time Licensor reasonably believes that Licensee is not in compliance with any provision of the Collocation Rules, Licensee shall upon request produce to Licensor the information that is reasonably requested in order to adequately verify Licensee's compliance (d) Licensee shall abide by the time limits and other standards of approval for requests by third party communication providers ( "Other Carriers ") to collocate on the Premises or Real Property as set forth in the Collocation Rules, including but not limited to, the following- Responding in writing to a proposed Other Carrier's preliminary plans and technical specifications within fifteen (15) business days, with failure to so respond being deemed an approval of the plans and specifications, as set forth in A.1. of the Collocation Rules; Negotiating in good faith with a proposed Other Carver with respect to any objections the Licensee may have regarding the Other Camer's plans and specifications, as set forth in A.2 of the Collocation Rules, and Acting in good faith to conditioning any approvals of a proposed Other Camer's plans and specifications (e) The Communication Equipment and Licensee's use thereof shall not disturb or interfere with (1) any communication equipment, computer equipment or similar equipment of any kind and nature owned or operated by Licensor at the Real Property, or (2) any communication equipment or use at the Real Property which is authorized by Licensor and established in accordance with the Collocation Rules by an Other Carver. In the event that the Communication Equipment as installed and configured results in material interference with Licensor or any Other Carver, then Licensee shall immediately terminate such interference (f) Licensor shall, with respect to any license or other agreement entered into b} Licensor with an Other Carver after execution of this Agreement that authorizes the installation of communication transmitting equipment on the Real Property, include a provision that (1) prohibits such Other Carver from interfering with the communications operations of Communication Equipment as it is then configured, and (2) requires the Other Carver to comply with all the provisions set forth in the Collocation Rules in designing, locating and operating its Documem Y 1310v 2 -5- j' 039 ea transmitting equipment, and in reconfiguring or changing the frequency or operation of such equipment. (g) In the event that any Other Carrier fails to abide by any provision set forth in the Collocation Rules, and if Licensee demonstrates that such failure results in material interference with the operation of Communication Equipment, Licensor will endeavor to promptly terminate such interference to the extent that Licensor has authority to do so. Licensor shall have the right, but not the obligation, to file a lawsuit on Licensee's behalf in order to terminate such interference (h) Following the Commencement Date and throughout the Term or applicable Renewal Term of this Agreement, Licensor, shall provide access to Licensee, Licensee's employees, agents, contractors and subcontractors to the Premises at all times, twenty-four (24) hours per day, seven (7) days per week, subject to the provisions of this Section. Licensor hereby grants to Licensee such rights of ingress and egress over Licensor's Real Property and other applicable easements held by Licensor for the purpose of access from the nearest public right -of -way to the Premises as may be necessary and consistent with the use of the Premises authorized by this License Agreement and specifically delineated in the Final Plans Licensee shall be accompanied by City personnel at all times upon the Premises as provided in Attachment E hereto in accordance with the Licensor's emergency procedures Licensee shall have the right to install a lock box for keys or access cards on Licensor's Real Property as approved by Licensor Licensee shall pay for the cost of lock boxes and all additional keys and cards, and shall return all keys and cards to Licensor and remove all lock boxes upon expiration or early termination of this License Agreement (1) Subject to such reasonable rules that Licensor may in its discretion from time to time establish, Licensor shall allow Licensee's employees, agents, contractors and subcontractors to park velucles in the parking spaces identified for such purpose in Attachment E Such spaces shall be used only to the extent necessary for Licensee's authorized use of the Premises as provided hereunder Relocation of Communication Equipment (a) For purposes of this Agreement, "Public Project" shall mean any lawful change of grade, alignment, or width of any public street, way, alley, or place, including but not limited to, the construction of any subway or viaduct, that the City may initiate, either through itself or any redevelopment agency, community facilities district, assessment district, area of benefit reimbursement agreement, or generally applicable impact fee program. (b) Licensee shall remove or relocate any Communication Equipment installed, used, or maintained under this License at Licensee's sole cost if and when such -noval or relocation is made necessary in the determination of the Licensor for any Public Project or in accordance with any utility easement in existence prior to the Commencement Date (c) When such removal or relocation is required, Licensee shall begin physical field work on the removal or relocation within days after written notice from ooc"�m# isiovz -6- f f�J the City Manager or his/her designee After such notice to remove or relocate, Licensee shall have the option of terminating this Agreement pursuant to Section 10(c) or relocating the Communication Equipment to a location determined by the City Manager. If the Public Project or other work pursuant to a utility easement requires only temporary removal and replacement of Communication Equipment in the same location, Licensee shall have the option of terminating this Agreement or suspending the annual license fee. Such suspension of fee shall be effective only for the period of time in which the Communication Equipment is inoperative as necessitated by the work and shall serve as a prorated credit against the amount due for the following year. 9 Taxes, Utilities and Maintenance. (a) Licensee shall be solely liable for any and all taxes that result, directly or indirectly, from the installation, maintenance or operation of the Communication Equipment. Notice is hereby given to Licensee pursuant to California Revenue and Taxation Code Section 107 6 that use or occupancy of any public property pursuant to the authorization herein set forth may create a possessory interest which may be subject to property taxes levied on such interest Licensee shall pay and discharge prior to delinquency any and all possessory interest taxes or other taxes levied against Licensee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this Agreement In the event that any increase in Licensor's real property taxes results from Licensee's installation, maintenance or operation of Communication Equipment (including any improvements to the Premises authorized under this Agreement), then Licensee shall reimburse Licensor the full amount of such increase within thirty (30) days following receipt of a written invoice of the amount owed Licensor shall provide reasonable evidence of any such tax increase upon request (b) Licensee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Communication Equipment Licensee shall upon request install at Licensee's sole expense a separate electric meter, and shall pay for its electncity consumption directly, if a separate meter is not available, Licensee shall pay the cost of electricity as is reasonably apportioned by Licensor Licensee shall pay for telephone service direct]% to the telephone utility To the extent that any utility is provided by Licensor, Licensee shall reimburse Licensor for the full amount of any and all related costs incurred by Licensor �%hlch result, directly or indirectly, from the provision of such utility. Such payments shall be made promptly and in no event more than thirty (30) days after receipt of a written invoice of the amount owed In no event shall Licensee's use of the Premises or Real Property interfere with emstms utilities thereon (c) Licensee shall maintain the Premises throughout the Term and all Renewal Terms in good condition, ordinary wear and tear excepted Licensee shall not be required to make any repairs to the Real Property, except as stated in Section 11 below and except for damage to the Real Property caused by Licensee, its employees, agents, contractors, subcontractors, subtenants or invitees Documem# 13I0v2 -7- 11 '1- 0 44 10 Default, Termination, Remedies. (a) In the event of Licensee's breach of any monetary obligation required herein, Licensor may demand in writing that the breach be cured within ten (10) days of the receipt of notice by the Licensee. The failure to cure such a monetary breach within the stated period shall constitute a material default of this Agreement, and Licensor may elect to teammate tlus Agreement immediately by providing Licensee written notice of termination (b) In the event of a breach of any material covenant or term hereof other than a monetary obligation, the non - breaching patty may demand in writing that the breach be cured within thirty (30) days of the receipt of notice by the breaching party. The breaching party shall cure the breach within said thirty (30) days unless the cure cannot be reasonably effected within that period of time, to which case the breaching party shall submit a written letter within said thirty (30) days stating an intent to cure said breach. After receipt of said letter of intent by the non - breaching party, the breaching party shall have such additional time as may be necessary to effect a complete cure so long as the breaching party commences the cure and diligently and continuously thereafter pursues the clue to completion. (c) This Agreement may be terminated by Licensee on 30 days prior written notice to Licensor upon occurrence of any one or more of the following events, in which case the unused portion of the Annual License Fee shall be refunded in accordance with Section 10(g) below (1) prior to the Commencement Date, for any reason or for no reason at all (u) after the Commencement Date, in the event that communication transmitting equipment installed on the Real Property by any Other Carrier materially interferes «1th the communications operations of the Commumcation Equipment, and Licensee is unable to correct such interference through reasonably feasible means, (iii) at any time upon receipt of written notice that a governmental or non -goi errtmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Licensee to install and operate Communication Equipment cannot be obtained or renewed within a required time period through no fault of Licensee, or (iv) the Premises or the Real Property is damaged or destroyed so as, in Licensee's reasonable judgment, to materially hinder Licensee's existing use of the Premises (d) This Agreement may be terminated by Licensee on 30 days prior written notice to Licensor, subject to the payment by Licensee of a termination fee in an amount equal to percent (_%) of the annual License Fee, upon occurrence of any one or more of the following events, in which case said termination fee shall be deducted from any unused portion of the annual License Fee and the remainder of the License Fee shall be refunded to Licensee in accordance with Section 10(g) below Document # 1310v2 -8- f Is (r) a material change in circumstances that for economic, environmental or technological reasons, directly causes the Premises to no longer be appropriate or suitable for Licensee's operations (including without limitation any ruling or directive of the FCC or other governmental or regulatory agency), regardless of fault; or (ii) a communications facility or other structure is erected or installed in the immediate vicinity of the Real Property and materially interferes with communications operations of Communication Equipment, and Licensee is unable to correct such interference through reasonably feasible means (e) In addition to the express provisions of Section 10(a) above, a material breach of this Agreement shall include, but not be limited to, the occurrence of any one or more of the following events provided that the failure to Licensor to enforce any breach of this Agreement shall not constitute a waiver of its future right to enforce said breach- 0) the failure by Licensee for any reason to obtain and maintain any necessary government license, permit or approval, or failure to satisfy any condition of such license, permit or approval, (u) the failure by Licensee for any reason to install, construct, operate or maintain the Communication Equipment in accordance with applicable Laws; (iii) the installation, removal or reconfiguration of any Communication Equipment by Licensee without Licensor's prior written approval, (iv) any assignment or attempted assignment of Licensee's rights or obliL :aeons hereunder except as provided in Section 19 below (v) the vacation or abandonment of the Communication Equipment or the Premises by Licensee (abandonment shall include without limitation the failure to maintain operation of the Communication Equipment for a period of ninety (90) days or longer); or (vi) the making by Licensee of any general assignment for the benefit o; creditors, or the filing by or against Licensee of a petition to have Licensee adjudged bankrupt, or a oetiuon for reorganization or arrangement under any law relating to banlauptcy (unless, in the case of a petition filed against Licensee, the same is dismissed within thirty (30) days), or the appointment of a trustee or receiver to take possession of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this Agreement (where possession is not restored within thirty (30) days), or the attachment, execution or other judicial seizure of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this Agreement (where such seizure is not discharged within thirty (30) days). (0 Except as provided otherwise in this Agreement, in the event of a default b} either party hereto, the non - defaulting parry shall have in addition to its right of termination, the nght to any other remedies available at law or in equity Document% 1310„2 -9 I I ( . 0-0 (g) In the event that Licensee elects to terminate this Agreement pursuant to Sections 10(b), 10(c) or 10(d), Licensee shall remove the Communication Equipment and restore the Premises to its condition existing on the Commencement Date (ordinary wear and tear excepted) within thirty (30) days of Licensoes receipt of the notice of termination. In said event, Licensor shall return to Licensee any unused portion of the annual License Fee from the date of effective termination or the date upon which the Premises are fully restored, whichever occurs later, less any termination fee if applicable. (h) In the event that Licensor elects to terminate this Agreement pursuant to Sections 10(a) or 10(b), Licensee shall forfeit any unused portion of the annual License Fee. Upon such termination, Licensee shall remove the Communication Equipment and restore the Premises to its condition existing on the Commencement Date (ordinary wear and tear excepted) within thirty (30) days of Licensee's receipt of the notice of termination. If Licensee falls to restore the Premises within said thirty (30) days, Licensor may recover from Licensee all costs reasonably necessary to remove the Communication Equipment and restore the Premises in accordance with Sections 13 and 17 below (r) The provisions of this Agreement which by their sense and context are intended to survive termination (including but not limited to the provisions of Sections 9, 10, 12, 13, 14, 15, and 17) shall survive termination I I Condemnation If the whole of the Premises (or any portion thereof which renders the balance of the Premises unsuitable for Licensee's normal operations) are taken by any public or quasi - public authority by condemnation, or sold under threat or in lieu of any such taking whether separately or as part of the Real Property, this Agreement shall terminate as of the date possession is delivered to the condemning authority Licensee shall have the right to any au and specifically designated as compensation for Licensee's interest under this Agreement, the cost of removal of Communication Equipment or any other amounts recoverable under condemnation law 1? Removal of Communication Equipment The Communication Equipment and an% articles of equipment placed on the Premises by Licensee at its sole expense shall be and rem.nn the personal property of Licensee and may be removed by Licensee at any time during the Term or Renewal Term, provided that Licensee is not in default hereunder, and, provided further that Licensee shall repair any damage caused by such removal and shall restore the Premises and Real Property to its condition existing upon the execution of this Agreement less ordman, wear and tear prior to expiration or earlier termination of this Agreement. If Licensee fails to remove all of its effects from the Premises upon termination of this Agreement for any cause whatsoever, Licensor may, at its option, immediately remove the same in any manner that Licensor shall choose and discard, sell or store said effects without liability of any kind for loss thereof, and repair and restore the Premises and Real Property. Any Communication Equipment lawfully removed by Licensor pursuant to this Section shall become the sole property of Licensor Licensee agrees to pay Licensor upon demand any and all expenses incurred in connection therewith, including court costs, attorneys' fees, costs of removal, storage costs for the length of time they shall be in Licensor's possession, costs of repairing the Premises and Real Property and costs of sale Document # 1310v 2 -10- I I 13. Insurance. Without limiting Licensee's obligation or liability under Section 13, during the Term and any Renewal Term, and thereafter until the removals required under Section 12 are complete, and prior to the Commencement Date if Licensee enters the Real Property under Section 6(b), Licensee shall maintain, at its own expense, commercial general liability insurance (including contractual liability), naming Licensor as an additional insured, providing coverage limits of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate, insuring against any covered liability of Licensee and its employees and agents ansmg out of and in connection with the installation, maintenance, operation and presence of the Communication Equipment on the Premises. Commercial general liability shall be issued with companies having an A M Best Company rating of AX or better, on forms, with deductible amounts, if any, reasonably satisfactory to Licensor. Licensee shall provide to Licensor proof of insurance prior to the Commencement Date and at any time upon request. 14 Indemnification (a) Licensee shall indemnify, defend, protect and hold harmless Licensor and its officials, agents and employees from and against any and all claim, cause of action, demand, injury, damage, liability, loss, cost or expense, including but not limited to reasonable attorneys' fees (collectively, "Claim ") that arises out of or is in any way related to Licensee's use or occupancy of the Premises, including without limitation the installation, construction, maintenance, operation or removal of the Communication Equipment; provided, however, that this indemnity shall not apply to the extent that any Clain solely results from the gross negligence or willful misconduct of Licensor, its public officials, agents and/or employees (b) Licensee shall, promptly upon request by Licensor, cause any mechanic's or matenalman's liens filed in connection with any work done on the Premises or the Real Propem by or at the request or direction of Licensee to be released by posting an appropriate release bond therefor I � Limitation of Liability (a) Licensor shall not be liable to Licensee, its affiliates, or any of its or their directors, officers, partners, shareholders, agents, employees or contractors for damage to the Communication Equipment or any other property belonging to Licensee from any cause, except for and damage caused by the gross negligence or willful misconduct of Licensor, its employees, or agents (b) Licensee waives all claims against Licensor and its employees for damage to persons or Communication Equipment or property ansing for any reason other than a claim based on the gross negligence or willful misconduct of Licensor or its agents or employees (c) Licensor, its officials, agents, and employees shall have no liability for any interruption of utility service, except to the extent caused by the gross negligence or willful misconduct of Licensor or its agents or employees Document# 1310v2 -11- I f 0 0" (d) Licensor shall not be responsible for any damages, losses, or liability of any kind occumng by reason of anything done or permitted to be done by any third parry, including without limitation any and all damages, losses, or liability arising from (i) the issuance or approval by the City of a permit to any third parry, or (ii) any interruption of services provided by Licensee at the Premises due to any third party failure to abide by FCC regulations, Collocation Rules, or any other applicable Laws or agreement with Licensor, or (iii) any action taken by a third party in respect to the Collocation Rules (e) Licensee acknowledges and agrees that the Other Carers shall not be deemed Licensor's agent or employee for any purpose 16 Security Deposit Prior to the Commencement Date, Licensee shall deposit with Licensor a cash payment in the amount of , or provide such other security instrument as may be approved by the City Manager in writing. This deposit or other security shall be used to secure the faithful performance by Licensee of all of the work, construction, installation, payments, removals, terms, covenants and conditions required by Licensee hereunder within the time penods set forth herein Licensor may use, apply or retain any portion of the deposit for the payment of any amount due Licensor or to compensate Licensor for any damage, loss or expense it may suffer by reason thereof The deposit shall be returned to Licensee within thirty (30) days after expiration or termination of this Agreement, less appropri ate deductions If any portion of the deposit is deducted during the Term or any Renewal Term, Licensor shall provide prompt notice of the amount of and reason for the deduction, and Licensee shall promptly deposit sufficient additional cash with Licensor to restore the deduction Licensor shall not be required to keep the deposit separate from its general accounts and such deposit shall not be deemed to be held in trust by Licensor. The deposit shall not bear interest 17 Environmental (a) From the date of execution of this Agreement throughout the Term and an Rene%i al Term, Licensee shall not use, store, manufacture or maintain on the Real Property or Premises any Hazardous Substances except in such quantities and types found customary in Communication Equipment operations as is identified on Attachment G hereto and fully incorporated herein Licensee shall handle, store and dispose of all Hazardous Substances it brines onto- the Real Property or Premises in accordance with applicable Laws (b) For purposes of this Agreement, the term "Hazardous Substance" means (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U S C Section 9601 et seq ( "CERLCA)'; the Hazardous Materials Transportation Act, 49 U S C Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U S C Section 6901 et se ( "RCRA "), the Toxic Substances Control Act, 15 U S C Section 2601 et seq , the Clean Water Act, 33 U S C. Section 1251 et seq ; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et Document 4 1310, 2 -12 I I 1 seg.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq (Hazardous Materials Response Plans and Inventory); or the Porter - Cologne Water Quality Control Act, Water Code Sections 13000 et seq., all as amended, (the above -cited California statutes are here collectively referred to as "the Hazardous Substances Laws ") or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter to effect, (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court, (iii) petroleum or crude oil other than petroleum and petroleum products contained within regularly operated motor vehicles; and (iv) asbestos (c) Notwithstanding any contrary provision of this Agreement, Licensee agrees to indemnify, defend with counsel selected by the Licensor, protect, and hold harmless the Licensor, its officials, officers, employees, agents, and assigns from and against any and all losses, fines, penalties, claims, damages, judgments, or liabilities of any kind or nature which the Licensor, its officials, officers, employees, agents, or assigns may sustain or mcur or which may be imposed upon them in connection with the use of the Real Property or the Premises provided under this Agreement, directly or indirectly ansing from or attributable to the storage or deposit of Hazardous Substances on the Real Property or the Premises. This Section is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify Licensor for any liability pursuant to such sections. 18 Transfer of License (a) All of the terms and provisions contained herein shall mure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns This Agreement and the rights and obligations of Licensee hereunder shall not be assigned or oihcnk ise transferred, in whole or in part, by Licensee without the express written consent of the Licensor, which consent shall not be unreasonably withheld, delayed or conditioned Any attempted assignment or other transfer in violation of this Section 18 shall be void. The assignment or other transfer of the rights and obligations of Licensee to a parent, subsidiary or other affiliate of Licensee, or to any successor in interest or entity acquiring fifty -one percent (5 1 ° o) or more of Licensee's stock or assets, shall be deemed an assignment requiring Licensor's consent hereunder Licensee shall provide Licensor at least thirty (30) days advanced written notice of any proposed transfer. (b) If Lessee desires at any time to effect a transfer, it shall first deliver to Lessor (1) a written request for approval, (2) the name, address and most recent financial statements of the proposed transferee and (3) the proposed instrument of assignment or sublease, which in the case of assignment shall include a written assumption by the assignee of all obligations of Lessee under the Lease anstng from and after the effective date of assignment. Document # 1310v2 -13- 1 a C 114" 19. Title. Licensor warrants and represents to Licensee that (i) Licensor has full authority to enter into this Agreement and to grant the licenses provided herein; (ii) Licensor has fee title to the Real Property, subject to those matters affecting title shown in Exhibit A and, to Licensor's knowledge, there are no undisclosed liens, judgments or impeachments of title on the Real Property that affect this Agreement. 20. Licensor's Non - Interference Licensor agrees that it will not, without Licensee's prior written consent, cause or knowingly permit any interference with Licensee's use of the Premises as authorized in Section 2 hereof, provided, however, that any collocation required by Licensor or requested by an Other Carver in compliance with the Collocation Rules, the provisions of this Agreement, and all Laws, and any legal and continuing use, operation or business of the Premises or Real Property existing at the tune of the date of this Agreement, shall not be deemed a cause or knowing permission of interference by the Licensor under this Section 20 Notwithstanding anything in this Section 20, however, Licensor's liability is limited as set forth in Section 15 of this Agreement. Moreover, nothing in this Agreement restricts, modifies, or affects in any way the Licensor's rights to enforce its Code, including its Wireless Communications Facilities Ordinance, revoke or suspend any permits or approvals given to the Licensee, or hold any hearings in connection therewith, and such enforcement shall not be deemed an interference with Licensee's use of the Premises. 21 Miscellaneous (a) If any provision of this Agreement is declared by a court of competent unsdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by la« (b) The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed a waiver or continuing waiver by that party of any subsequent breach or violation of the same or any other provision of this Agreement (c) Any notice or demand required herein shall be given personally, by cerutied mail, postage prepaid, return receipt requested, by confirmed fax, or by reliable of crnieht courier to the address of the respective parties set forth on the signature page Any notice served personally shall be deemed delivered upon receipt, service by facsimile transmission shall be deemed delivered on the date of receipt as shown on the received facsimile, and service by certified mail or by reliable overnight courser shall be deemed delivered on the date of receipt as shown on the certification of receipt or on the date receipt is refused as shown on the records or mamfest of the U S Postal Service or such couner Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party eiven in the foregoing manner (d) In the event of any dispute or legal proceeding between the parties arising out of or relating to this Lease or its breach, the prevailing party shall be entitled to recover from the non - prevailing party all fees, costs and expenses, including but not limited to attorneys' and Document # 131N2 -14- 1 ; expert witness fees, incurred in connection with such dispute or legal proceeding, any counterclaims or cross - complaints, any action to confirm, correct or vacate an arbitration award, any appeals and any proceeding to establish and recover such costs and expenses, in such amount as the court or arbitrator determines reasonable Without limiting the foregoing, any parry entering a voluntary dismissal of any legal proceeding without the consent of the opposing party in such proceeding shall be deemed the non - prevailing party. (e) This Agreement shall be governed, construed and interpreted under the laws of the State of California This Agreement shall be construed as a whole and in accordance with its fair meaning This Agreement shall not be interpreted or construed against the patty preparing it (f) This Agreement including all attachments and riders constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements, written or oral, concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement shall be effective only if in writing and executed by both parties. (g) Licensee shall reimburse all costs of Licensor, including attorneys' fees and costs, incurred in the preparation and review of this Agreement, Attachments thereto, and any related approval or document necessary to the execution of this Agreement. Such costs must be paid to Licensor prior to the Commencement Date and prior to approval of any Final Plans of Licensee (h) Any notices which either party may desire to give to the other party under tnls Agreement must be in writing and may be given either by (i) personal service, (u) delivery b% a reputable document delivery service, such as but not limited to, Federal Express, which prop ides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, ccntfied mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice- 0 Document k 1310v2 -15- 1 '� �_ O To Licensor City of El Segundo 350 Main Street El Segundo, CA 90245 ATTN: City Clerk To Licensee- Tel. (310) 322 -4670 Fax (310) 322 -7137 Tel- Fax. (1) All statements provided in the Recital or Preamble to this Agreement are hereby incorporated as a material part of this Agreement. 0) The person or persons executing this Agreement on behalf of Licensee warrants and represents that he /she has the authority to execute this Agreement on behalf of the Licensee and has the authority to bind Licensee to the performance of its obligations hereunder. jE \D OF TEXT; SIGNATURES NEXT PAGE] Document # 1310v2 -16- ' )3. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of '199 LICENSEE: By _ Name Title _ By Name Title LICENSOR: THE CITY OF El Segundo, a municipal corporation By. Name- Title. ATTEST By City Clerk APPROVED AS TO FORM: By Mark D Hensley, City Attorney Documcnt # 1310v 2 -17- �'I- O ATTACHMENT A LEGAL DESCRIPTION OF THE REAL PROPERTY (TO BE PROVIDED) Document # 1310v 2 A -1 I gq s -r ATTACHMENT B DEPICTION OF THE PREMISES (TO BE PROVIDED) Document# 1310 2 B-1 ' 0 (a 0 y" ATTACHMENT C INITIAL PLANS REGARDING CONSTRUCTION AND IMPROVEMENTS (TO BE PROVIDED) Document # 1310v2 C -1 1 �^'� , ATTACHMENT D COMMUNICATION EQUIPMENT AND OPERATIONAL CONFIGURATION (TO BE PROVIDED) Document # U I0v 2 I J� 0 v D- I V ATTACHMENT E ACCESS RESTRICTIONS AND REQUIREMENTS 1 Licensee shall provide Licensor reasonable, advanced notice of its intent to enter the Premises, in the manner provided below [TO BE PROVIDED, INCLUDING EMERGENCY NOTIFICATION PROCEDURES, ESCORT PROVISIONS; AND AFTER -HOURS COST RECOVERY] Notice of entry may be provided as follows. oral _ written Contact Other instructions [include other occupants /owners of the Real Property or Premises to be notified] Licensee is restricted from parking its vehicles at the following places, times and or locations 3 Licensee shall in no event park in any space designated for parking by another person or entity 4 Licensor reserves the right to reasonably change these restrictions or substitute other reasonable parking accommodations in the immediate vicinity of the Real Property Document k 1310v2 E -1 1 �9 ATTACHMENT F TECHNICAL REQUIREMENTS FOR THIRD PARTY COLLOCATION These requirements pertain to initial installation of Communication Equipment on the Premises ( "Initial Installation "), and at all times thereafter in the event that Licensee desires to reconfigure or change the frequency or operation of the Communication Equipment ( "Reconfiguration ") A The Initial Installation and any Reconfiguration must be approved by each of the authorized third parties whose communication equipment is located on the Real Property ( "Carvers ") The Carvers in existence on the date of execution of the License Agreement are provided at the end of this Attachment Such requests and approvals shall be submitted and considered according to the following procedures• I Licensee shall submit to the Carvers preliminary plans and technical specifications for the proposed facility or the Reconfiguration. The Carriers shall have 15 business days to respond to Licensee in writing with the Carriers' approval or disapproval of Licensee's plans and specifications. Any disapproval shall be accompanied by a detailed e\ planation of the basis for the disapproval Failure to respond in writing to the plans and specifications shall be deemed approval Z If Licensee's plans and specifications are not approved by one or more Carvers, then Licensee shall revise its plans and specifications to meet the objections thereto set forth in the Carvers' written disapproval No construction, mstallation, testing or operation of the Initial Installation or Reconfiguration, as appropriate, shall be permitted unless and until each of the Carvers approve Licensee's plans and specifications If Licensee disputes the basis or i alidit% of an objection, then it shall resolve its dispute directly with the objecting Camer(s), unless the dispute concerns Licensor's conduct 3 If Licensee's plans and specifications are approved by the Carvers, Licensee shall notify each of the Carvers in writing as to the scheduled date and time of commencement of construction and installation of Licensee's transmittmg/receivmg equipment, or the implementation of the Reconfiguration, as the case may be, not less than five business da,, s prior to such date 4 Licensee also shall notify each of the Carvers in writing five business days prior to Licensee's pre - operation transmit test as to the date and time such test will commence The pre - operation transmit test shall be conducted jointly by Licensee and any Carver who desires to participate, and shall measure (a) The signal transmit levels at the output after the final filter stage on Licensee's transmit line with all transmitters keyed up at maximum power, Document# UlOv: L F -1 �� (b) Antenna isolation between the output of the final filter stage on Licensee's transmit line and input line to the Carriers' first receive filter in the base station in the Camers' frequency band of operation, (c) The combination of (i) worst case level measured out of Licensee's transmit line added to (ii) worst case antenna isolation. Such value shall be no greater than - 114dBm in Licensee's Federal Communications Commission receive and transmit bands of operation If any Carver determines that it is experiencing interference, that Camer shall notify Licensee to immediately cease the pre - operation or pre - Reconfiguration transmit test and Licensee shall immediately cease such test Thereafter, each Camer shall each have two business days to submit its written approval, disapproval or conditional approval of the Initial Installation or Reconfiguration. Failure to submit a disapproval or conditional approval within two (2) business days shall be deemed an approval B It shall be Licensee's responsibility to ensure that proper filtering and isolation are in place for the pre - operation or pre - reconfiguration transmit test and operation of Licensee's antenna system Any change to Licensee's approved antenna type and location and/or change in transmitter types and power output shall be required to follow each of the steps set forth in Paragraph A of this Attachment F. C One or more Carvers may condition their approval of Licensee's plans and specifications and/or equipment installations on Licensee paying to such Camer(s) an equitable share of the costs that such Carver incurs to design, permit, construct, install, maintain and replace any Common Facilities For this purpose, "Common Facilities" means any equipment, facilities, structures and improvements that such Carver installs at the Premises or the Real Property and that the collocating Licensee will use or benefit from, such as but not limited to sc- eenmg, conduits, cable, utilities and similar facilities D Notwithstanding approval by the Cainers in accordance with Paragraph A, the Initial Installation or Reconfiguration must be submitted to Licensor for its approval A copy of all of the submissions and objections set forth in Paragraph A shall be provided by Licensee to Licensor for this purpose at the same time it is received or provided by Licensee. Licensor shall not unreasonably withhold, condition or delay its approval E Licensee shall at all times during the term of the License Agreement reasonably cooperate with Licensor and the Carvers in regards to addressing problems that may anse respecting existing or proposed collocated facilities at the Real Property F Any notice, objection, submission or other communication to the Carriers shall be copied to the City at the address and in the manner provided for notices in Section 19(c) of the License Agreement, and to each of the Camers in the same manner at the address provided below or otherwise in writing by that Carver Licensor or the Carver may from time to time designate, in the foregoing manner, any other address for this purpose. G Licensee agrees that Licensor shall not be liable to Licensee for any approval, Docu=nt # 1310v2 F_2 131 failure to approve or other response of a Carrier in regards to Licensee's request for Initial Installation or Reconfiguration, and that Licensor shall not be required to adjudicate any dispute between Licensee and any Carver. H. Licensee understands that its violation of these rules, or its continuing interference with the communications operations of one or more Carriers may cause the affected parties irreparable harm Licensee agrees that the Carner(s) shall be entitled to file an action to enjoin such interference or seek other appropriate remedies. Licensee shall provide notice to the Carvers identified below of its agreement to these requirements J Licensor agrees that, for the benefit of Licensee, it will impose the same technical requirements collocated Other Carvers authorized to use the Premises and that it will require the same coordination procedures of the Other Carvers in any reconfiguration or change of frequency or operation carved out by such Other Carvers in the future LICENSEE H 1vame'Title Licensee's Address, Phone and Fax Ta\ I D No Document M 1310 F -3 t'�7` ITMET l Attn CARRIER 2 Ann ATTACHMENT G HAZARDOUS MATERIALS Subject to Licensee's obligations under Section 17 of the attached License Agreement, Licensee shall be permitted to bring such quantities of the following common materials customarily used in telecommunications operations onto the Premises, solely for the purpose of operating and maintaining the Communication Equipment: Document# 1310 G-1 I �)3 LOS ANGEL COUNTY DEPARTMENT OF PUT IC WORKS FOR LOS ANGELES COUNTY FLOOD CONTROL_ DISTRICT 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 PERMIT APPLICATION The applicant must show that the proposed work will not adversely affect the Districts Interests, ie , (1) Hydraulic and Hydrology Design, (2) Structural Integrity, (3) Maintenance standards, (4) Districts property rights, etc. Applicant must complete the following portion of she application TO BE FILLED OUT BY OWNER /AGENT OWNER: 4DDRESS Street kGENT: 3DDRESS TELEPHONE:( ) City Zip Code TELEPHONE:( Street City Zip Code >ITE ADDRESS Street City Zip Code TEAREST INTERSECTION THOMAS GUIDE: 'ERSON /AGENCY RESPONSIBLE FOR THE L;.INTENANCE OF THE PROPOSED FACILITY: PHONE.( ) he undersigned certifies that the applicant for this permit is familiar with the requirements of the County Lobbyist Ordinance -os Angeles County Code Chapter 2 160), and that all persons acting on behalf of the applicant have complied with and will continue comply with this ordinance throughout the application process - r--- a -_ C)wner /Aaent Signature of Owner /Agent Date _F_C.. =P7ION OF WORK REQUESTED __ 3e s -r=:.:: the following with your application Six se's of final construction plans with structural details and profiles of the existing and proposed facilities Twc sets of letter size structural and /or hydraulic and hydrology calculations The plans and calculations must be stamped and signed by a registered civil /structural engineer licensed to practice in the State of California Fee will be charged according to current ordinance established by the Board of Supervisors FOR DISTRICT USE ONLY CHECK FEE INSPECTION FEE _. - -- PROJECT FILE CODE ,S . *:C DISTRICT DRAWING NO. FOR PRIVATE DRAINS AND MISCELLANEOUS TRANSFER DRAINS ONLY )/m= NO )B NO iRMIT NO 3CEIPT NO INSPECTOR PHONE NO. INSPECTION DEPOSIT: LDMA. � tit+ 050 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RENTAL AGREEMENT - GENERAL PURPOSE (Revised June, 1997) Rental Agreement No. Project Right of Way Parcel(s) _ Right of Way Map No. Assessor Parcel(s) No(s). Thomas Page /Grid. BY AND BETWEEN LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT ". ,TENANT O , hereinafter referred to as WITNESSETH W- EREAS, the DISTRICT is owner of that certain property generally located at �.HEREAS, TENANT desires to rent said property for , and purpose; T.:OW THEREFORE, the DISTRICT, for and in consideration of the performance of the covenants and agreements hereinafter agreed to be kept and performed by the TENANT, and upon the following terms and conditions, hereby rents to TENANT, and the TENANT hereby hires and takes of and from the DISTRICT that certain property in the City of , County of Los Angeles, State of California, as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as PREMISES. Page 1 (6197 Version) / `3S, Rental Agreement No.' _ - - - - —_ 1. The rental of the PREMISES is on a month -to -month basis commencing on _mmddyy - (mmdd,shall hereinafter be referred to as Anniversary Date) - .»-TENANT has prepaid rent for the first twelve 412) months in the amount of $ based on a rental rate of $ per month Subsequent rent payments shall be prepaid monthly/ annually on or before the Anniversary Date and payable as follow: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT c/o DEPARTMENT OF PUBLIC WORKS P.O. Box 7437 Alhambra, CA 91802 -7437 The rental rate shall be adjusted in accordance with General Provision K hereof. All payments shall state the name of TENANT and Rental Agreement Number A delinquency charge equal to ten percent (10 %) of the delinquent rent shall be charged if full payment is not received by the DISTRICT within thirty (30) days following the date such payment is due. 2. The PREMISES TENANT shall PREMISES unL Provisions L s,gn -erce and c ymnrovement wil shall be used solely for the purpose of and no other. not construct any improvement on the =_ss TENANT is in compliance with General and M (Remove the redlined portion of this ions- the appropriate version of L and M if no be allowed) 3 TENANT acknowledges that this Rental Agreement is not assignable 4. General Provisions A through O are attached hereto and, by this reference, made a part hereof Page 2 (6/97 Version) Rental Agreement No. IN WITNESS WHEREOF, said DISTRICT, a body corporate and politic, as authorized by Resolution of its Board of Supervisors dated September 17, 1991, and attested by the County Clerk, and the TENANT have caused this instrument to be executed on the day, month, and year first above written. Date DISTRICT LOS ANGELES COUNTY FLOOD CONTROL DISTRICT a body corporate and politic BY. Assistant Deputy Director ATTEST CONNY B MCCORMACK, REGISTRAR- RECORDER /COUNTY CLERK of the County of Los Angeles Deputy County Clerk TENANT IN Name Title Signature Date By Name Title Signature Date Address Page 3 (6/97 version) 12 7 Rental Agreement No. GENERAL PROVISIONS A. TENANT shall arrange and bear the cost of any site preparation, installation of utilities, treatment of surface, enclosure of PREMISES, insurance premiums, utility bills, and other costs of any nature whatsoever, which are necessary in connection with or appurtenant to the operation and maintenance of PREMISES as used by the TENANT. No credit will be allowed by DISTRICT for the cost of any such expenditures, work performed, or ordered done by TENANT. B. TENANT may terminate this Rental Agreement at anytime by giving the DISTRICT no less than thirty (30) days' written notice of intention to terminate. However, the termination shall not be effective unless TENANT has complied with all of the following: • Vacated the PREMISES. • Removed all improvements TENANT has constructed or placed upon the PREMISES, if applicable. • Moved DISTRICT's fence back to its original location, if applicable. • Restore the PREMISES to as good a condition as existed on the day possession of PREMISES was taken by TENANT, allowing for the ordinary wear and tear associated with the normal usage during occupancy and to reimburse DISTRICT for any damage done to the PREMISES. DISTRICT may terminate this Rental Agreement at anytime by giving the TENANT no less than thirty (30) days' written notice of intention to terminate Upon receipt of such notice, TENANT shall vacate the PREMISES as required herein TENANT agrees that should it fail to vacate as herein provided, the DISTRICT or its authorized agents may enter upon said PREMISES and remove TENANT's personal property therefrom, and in this event, TENANT waives any and all claims for damages against the DISTRICT, its officers, agents, or employees Nothing herein shall be deemed a waiver of any rights of the DISTRICT to demand and obtain possession of the PREMISES in accordance with law in the event TENANT violates any part of any of the terms or conditions herein. Page 4 (6/97 Version) 1 3 O 00 s D. It is understood and agreed to be part of the herein consideration that DISTRICT may temporarily suspend or terminate the Rental Agreement without notice to TENANT in order to allow the performance by DISTRICT, its officers, agents, and employees, of emergency work necessary to protect life or PREMISES from impending flood damage. In the event DISTRICT exercises such right, DISTRICT will credit TENANT's account a prorated share of the prepaid rent based on the time period DISTRICT has possession of the PREMISES. E TENANT shall keep PREMISES and any improvements it constructed or placed on PREMISES in good working order and maintain such in a neat, clean, and orderly condition at all times during occupancy and not permit graffiti, rubbish, tin cans, garbage, etc , to accumulate, nor to use or allow use of PREMISES for any illegal or unauthorized purposes, and to comply with all State Laws and local ordinances concerning PREMISES and the use thereof. F It is understood and agreed that DISTRICT shall not be responsible for any damage to PREMISES or injuries to persons which may arise from or be incidental to the use and occupation of PREMISES, or for damages to the property of TENANT, or for injuries to the person of TENANT, TENANT's agents, servants, successors, subtenants, invitees, or others who may be on PREMISES at anyone's invitation, arising from or incidental to the use of PREMISES by the TENANT or anyone under the TENANT or the DISTRICT, and /or its agents, contractors, employees or assigns. TENANT agrees to indemnify, defend, and hold the DISTRICT harmless from any and all such claims, including defense costs and legal fees. In the event there is any prior lease or rental agreement existing between the TENANT and DISTRICT covering the REN. =SES, it is understood and agreed that this Rental Agreement shall cancel and terminate said prior lease or rental agreement as of the commencement date of this Rental Agreement 1: This Rental Agreement may create a possessory interest upon wnich a property tax may be levied. In such event, TENANT shall pay before delinquency all such taxes or assessments. Page 5 (6/97 Version) 139 Rental Agreement No. I. Without limiting TENANT's indemnification of the DISTRICT, TENANT shall at its own expense take out and maintain in force, at all times during the term of this Rental Agreement, a policy or policies of insurance covering PREMISES. As a minimum, TENANT shall obtain written coverage for comprehensive general liability which shall include a single limit liability amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and an automobile liability policy which shall include a single limit liability amount not less than THREE HUNDRED THOUSAND DOLLARS ($300,000) per occurrence. The LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, its governing board, officers, and employees and the COUNTY OF LOS ANGELES shall be named as additional insured on all policies of liability insurance. All policies of insurance shall be with a company or companies authorized by law to transact insurance business in the State of California. TENANT shall furnish to DISTRICT a copy of the policy of insurance evidencing TENANT's insurance coverage prior to the commencement date of this Rental Agreement. Upon renewal of said policy of insurance, TENANT shall furnish to DISTRICT a certificate evidencing TENANT's continued insurance coverage All policies and certificates shall refer to this Rental Agreement No The DISTRICT shall be given ro =ice in writing at least thirty (30) days in advance of cancellation or modification of such policy. TENANT expressly acknowledges that TENANT is a post acgiisition TENANT, and shall not be entitled to any claim of status as a "displaced person" as such is defined in Section EO(c) cf the Government Code of the State of California 'E ^1�S7T hereby acknowledges his ineligibility for relocation assistance as provided in Government Code Sections 7260 tnrougn 7277, inclusive, as interpreted in California Administrative Code as it exists or as it may be amended (Strikeout the Provision K version that does not apply) Except for those years affected by the reappraisal as specified below, every year that this Rental Agreement is in full force and effect, the rent for the current 12 -month period (Current Rent) shall be adjusted based on changes in the Consumer Price Index for All Urban Consumers (CPI -U) for the Los Angeles- Anaheim - Riverside area as published by the United States Department of Labor, Bureau of Labor Statistics ( "Index ") Page 6 (6/91 Versions I�a OW Rental Agreement No. The New Rent shall be calculated by multiplying the then Current Rent by a fraction, the numerator of which shall be the Index for the month ending ninety (90) days prior to the upcoming Anniversary Date (Current Index) and the denominator shall be the Index for the month ending ninety (90) days prior to the previous Anniversary Date (Anniversary Index). The formula for calculation is shown below: Current Rent x Current Index = New Rent Anniversary Index If the described Index is no longer published, another index generally recognized as authoritative shall be substituted as elected by the Chief Officer of the Bureau of Labor Statistics or its successors. If no such government index or computation is offered as a replacement, the DISTRICT and TENANT shall mutually select a percentage for calculating future annual adjustments. The New Rent shall never be an amount less than the Current Rent. At the beginning of every sixth under this Rental Agreement shall co be conducted by DISTRICT Notwithstanding the reappraisal, an amount less than the previous Anniversary Date, rent due be based upon a reappraisal at no cost to TENANT. the New Rent shall never be year's rent. TENANT's continued occupancy of the PREMISES on and after the effective date of the rental adjustment shall constitute TENANT's agreement to remain in possession subject to New Ren= DISTRICT will notify TENANT in writing not less than thirty )30) days prior to the Anniversary Date of the amount of New Rent. The amount of rent is based upon the DISTRICT's current minimum charge of Fifty Dollars ($50.00) per month. The DISTRICT hereby reserves the right to adjust the its minimum rent as provided herein, according to DISTRICT's requirements. In the event DISTRICT's minimum rent requirement increases, the DISTRICT shall notify TENANT not less than thirty (30) days prior to the increase. If TENANT disagrees with the rent adjustment, TENANT shall have the option.to terminate_ -the Agreement as provided in General Provision B herein. Page 7 (6/97 version) 14) Y Rental Agreement No. TENANT's continued occupancy of the PREMISES on and•after, the effective date of the rental adjustment shall consti.tute`Ythe TENANT's agreement to remain in possession of the - PREMISES subject to the new rental rate specified in the notice. (Strikeout the Provision L version that does not apply) L TENANT shall not commence nor permit any construction or the placement of any improvements or other structures on or within PREMISES without first submitting plans and specifications for advance written approvals by the DISTRICT. L. TENANT shall not construct or place any improvement on the PREMISES. (Strikeout the Provision M version that does not apply) M TENANT agrees to keep and perform the provisions contained in any permit issued or to be issued to TENANT by DISTRICT. M Not applicable. D_STRICT may, at its sole discretion, enter PREMISES to conduct Environmental Site Assessments. Upon review of such Assessments, DISTRICT may, at its sole discretion, terminate r.is Rental Agreement consistent with either General Provision C or D as determined by DISTRICT. TENANT snail bear any and all responsibility, expense, and _iaoi_i:�y incurred in the cleanup and treatment of any nazardous materials or condition found on the PREMISES caused by TENANT's use, storage, or treatment of any hazardous materials on /or within the PREMISES. Each County Lobbyist as defined in Los Angeles County Code Section 2 160.010, retained by TENANT, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of any Lobbyist retained by TENANT to fully comply with the County Lobbyist Ordinance, shall constitute a material breach of this Rental Agreement upon which the DISTRICT may terminate or suspend this Agreement. p \mppub \wordpro \acq &rev \rent -gen wpd Page 8 (6/97 Version) { L+ " I�� 0 West Basin Municipal Water District 17140 S Avalon Blvd • Suite 210 • Carson, CA 90746 -129 telephone 310- 217 -2411 • fax 310 -217 -2414 October 13, 1998 Mr Bret B Bernard, AICP, Director City of El Segundo, City Planning Division Department of Planning and Building Safety 350 Main Street El Segundo, California 90245 Dear Mr Bernard Background OCT 15 1998 COMMENTS ON MITIGATED NEGATIVE DECLARATION FOR PROJECT NO. EA -403A PRE — APPROVED LOCATION MAP FOR WIRELESS COMMUNICATION FACILITIES The West Basin Municipal Water District (WBMWD) is a municipal water district which provides wholesale potable water to various agencies and municipalities in the south bay area of Los Angeles County, excluding Torrance and the City of Los Angeles WBMWD is a member agency of the Metropolitan Water District of Southern California (MWD) which supplies WBMWD with approximately 80% of its water supply The remaining 20% derived from local groundwater from the West Coast groundwater basin. To extend its water sources, WBMWD has decided to capitalize on the potential use of recycled wastewater as an alternative water supply to industrial and landscape irrigation users A major part of the West Basin Water Recycling Program is the nation's largest reclaimed water facility, known as the West Basin Water Recycling Plant (WBWRP) WBWRP is located at 1935 Hughes Way in the City of El Segundo WBWRP recycled water supply efforts resulted in the creation and operation of the West Basin Water Recycling Program. WBMWD sells and delivers recycled water on a wholesale basis to public and private purveyors. The purveyors then sell and deliver to the end users after the purveyors have processed the users application, inspected the point -of -use facility, and determined that the end users will be able to comply with all conditions of use and subject to approval by local health agency Paul D Jones 1I, GmmlMaurgn nAx m 14 Mr. Bret B. Bernard, AL iP. Diregtor City of El Segundo October 13, 1998 Page 2 The West Basin Water Recycling Program provides additional treatment to secondary - treated wastewater from the City of Los Angeles Hyperion Wastewater Treatment Plant IHTP) The secondary- treated wastewater is conveyed to the WBWRP via a 60 -inch force main Current south bay recycled water sites include golf courses, school landscape, oil refineries, greenbelts, West Coast Basin Barrier Project, parks and street medians. Comments WBMWD has reviewed the Initial Study for the above mentioned project, and staff is aware that WBWRP is identified as a potential site, identified as location G, which could accommodate a major wireless communication facility. WBMWD is concerned the proposed location G for wireless communication facilities could pose a significant impact on the operation of WBWRP facilities. WBMWD staff requests that the City of El Segundo or the owner of the wireless communication facilities allow WBMWD representatives the opportunity to provide specific input as to the location of the facilities within WBWRP property boundaries prior to their installation Please contact Paul Shoenberger, WBMWD's Chief of Engineering and Operations, to arrange the specific location of the proposed wireless communication facilities at location G Paul Shoenberger may be reached at the above address or by phone at (310) 660 -6218. WBMWD appreciates being recognized as a responsible agency under CEQA for the proposed project and will gladly answer any questions relating to WBWRP operations If you have any questions relating to CEQA or environmental permitting issues, please contact Lucia M. McGovern at (310) 660 -6245 rely, t (L Paul D J ne II, P.E. General M ager LMM md- F wse'.Ish.,M\ .rM(507 wb012 r4-5 West Basin Municipal Water District 17140 S Avalon Blvd • Suite 210 • Carson, CA 90746 -1218 z; T 7 7 7 . X x 0 T mGOIOY� W N W tp 1pNN OA W Ny N ^+r�y� g W A 0 oou'imooH O° +AO O° °� DmA f°i o' �� Ho AO mm °OO O Z n n y a r m y y m 0 C y m w Z O° m m y y T y i m T c O m. m ••dmm3 dmm'mO omm mmv� ayw ^i '� o a� 00 c m ms »n>•�°�N N N n O 3 a� 0 y O C7 fD N a m m 0 N W i 4:7 RESOLUTION NO. 2431 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA -403A TO THE CITY COUNCIL TO "PRE- APPROVE" EIGHT (8) PUBLIC FACILITY SITES WHICH CAN ACCOMMODATE WIRELESS FACILITIES. PETITIONED BY. CITY OF ELSEGUNDO WHEREAS, the City of El Segundo is requesting "pre - approval' for eight (8) public facility sites which can accommodate Major and /or Minor wireless communication facilities located at 400 Lomita Street (Site A), 348 Main Street (Site B), 640 Main Street (Site C), 150 Illinois Street (Site D), 615 Richmond Street (Site E), 2161 E El Segundo Blvd (Site F), 1935 Hughes Way (Site G) and 223 Center Street (Site H), in the Public Facility (P -F) Zone (except for Site F, which is located in the Urban Mixed Use - North (MU -N) Zone), and, WHEREAS, an Environmental Assessment (No EA- 403A), including an Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed project, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805); and, WHEREAS, at the duly scheduled and public noticed meetings of the Planning Commission of the City of El Segundo on October 22, 1998 and November 12, 1998, duly advertised public hearings were held on this matter in the Council Chamber of the City Hall, 350 Main Street, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -403A; and, WHEREAS, at said hearings the following facts were established Section 20 62.140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve" a list of public facility sites which can accommodate Major Wireless Communication Facilities (WCF) with approval of a Wireless Communication Facility Permit (WCFP). This project is to comply with that requirement. The proposed project is to "pre- approve" eight (8) public facility sites which can accommodate Major and /or Minor WCF The location, property owner, type of allowable facility and allowable maximum height of each facility are listed in Table 1 below. L�-% Table 1 Site Location Property Owner Type(s) of Allowable Allowable Mawmum Facility Height A City Water tower (400 Lomita Street) City of El Segundo utility- mounted Shall not exceed top of water tower B Communication Tower at Fire Station City of El Segundo utility- mounted Shall not exceed height R1, future 911 Communication Facility of utility at Police Station (348 Main Street) C Campanile at EI Segundo High School El Segundo Unified wall- mounted Shall not exceed top of (640 Main Street) School District bell tower D City Maintenance Yard (160 Illinois City of El Segundo roof - mounted, utility- 48 feet Street) mounted, wall - mounted E light standards at Richmond Field - City of El Segundo (light utility- mounted Shall not exceed top of middle school (615 Richmond Street) poles only), El Segundo light standards Unified School District (land) F Fire Station N2 (2161 E El Segundo City of El Segundo roof mounted, ut .- 175 feet Bhd) mounted wall - merited G V. ast Basin Water Reclamation Plant West Basin Municipal gm nd- mounted ij 142 fee; (1935 Hughes Way) Water District mounted, roof- mounted, wall- mounted H LA County Flood Pump Station (223 Los Angeles County root- mounted, wall- 34 feet Center Street) mounted, utility- mounted Source City of El Segundo 3 A Major facility Is defined as a wireless communication facility that is either ground- mounted (such as monopole) or roof - mounted (i e., situated on the roof of a building) but which exceeds the height of the Zone in which it Is located In A Minor facility is defined as a wireless communication facility which Is wall- mounted (i e., attached to a building's facade), utility- mounted (I e., attached to an existing utility, such as a light pole) or roof - mounted (but which does not exceed the height of the Zone in which it is located in). 4 A Major or Minor wireless communication facility proposed on a "pre- approved" site requires approval of a WCFP, which Is an administrative action, not a discretionary action 5 Sites A -E and Sites G - H are located in the Public Facilities (PF) Zone and have a General Plan land use designation of Public Facilities Site F is located in the Urban Mixed -Use North (MU -N) Zone and has a General Plan land use designation of Urban Mixed -Use North. 6 Pacific Bell Mobile Services (PBMS) requested that the northwest corner of Main Street and Imperial Avenue be included as a Pre - Approved Site, however, due to unresolved land use restrictions It was not Included on the list 7 The Pre - Approved Site List can be amended from time to time, by Resolution, as permitted by Section 20 62.140 (A)(1) of the ESMC Reso 2431 14g 8 Comments about the project were received from the Public Works Department, two (2) property owners and the West Basin Municipal Water District (WBMWD) If applicable, the comments were included as conditions of approval in this Resolution 9 The eight (8) proposed Pre - Approved Sites are available for lease if the property owner(s) deem appropriate 10. The proposed project is subject to the CEQA. In accordance with State guidelines and local requirements, an Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental review, and was available for public review and comment. No significant adverse impacts were identified which could not be mitigated to an insignificant level with conditions, including impacts to land use and planning, geologic problems, water, transportation /circulation, noise and aesthetics 11 At the meeting of November 12, 1998, the Planning Commission considered staff's proposal to allow an additional 15 feet of vertical height on Sites B and H, if it was technically necessary However, the Commission determined that if necessary, any requests to exceed the maximum height on Sites B or H be presented to the Commission at a later date as a separate application for review and consideration instead. Likewise, any requests to exceed the allowable maximum height on any of the other pre- approved sites shall be presented to the Planning Commission for review and approval /denial NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No EA -403A, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT The Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the CEQA, and, 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the Planning Commission hereby recommends that the City Council authorize the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Mimmus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within ten (10) days after receiving City Council approval, the City of Segundo shall file the required certificate with the County of Los Angeles, along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County Reso 2431 15o GENERAL PLAN AND ZONING CONSISTENCY The General Plan land use designation for Sites A -E and Sites G -H is Public Facilities and Urban Mixed -Use North for Site F The General Plan goals, objectives and policies which relate to this project are from the Land Use, Economic Development, Open Space and Recreation, and Conservation Elements With regards to the Land Use Element, the following policies support this project* Policy LU1 -5 6, which requires that all development proposals comply with the City's Zoning Ordinance and the CEQA; Policy LU1 -5 8, which supports the use of innovative land development and design techniques, and, Policy LU7 -2 5, which encourages the design of public facilities and utilities to be compatible with surrounding uses With regards to the Economic Development Element, the following goals, objectives and policies apply Goals ED1 and ED2, Objectives ED1 -1, ED1-2 and ED2 -1, Policies ED1-1.1, ED1 -2.1, ED1 -2 2, ED1 -2 3 and ED2 -1 3, which support the creation and maintenance of a diverse and strong economic base which benefits the City, its residents as well as its business community With regards to the Open Space and Recreation Element, the following policies apply Policy OS1 -1 9, which supports alternative funding mechanisms for recreational facility maintenance, and Policy OS1 -5 3, which supports the continued protection of the El Segundo Blue Butterfly Lastly, the following goals and policies of the Conservation Element apply Goal CN -5 and Policies CN5 -1 and CN5 -2, which supports the protection of the urban landscape such that negative aesthetic impacts are minimized and that the character of existing neighborhoods and civic landscapes are maintained That Section 20 62 140 of the ESMC requires the City to "pre- approve," by Resolution, a list of public facility sites which can accommodate Major wireless facilities, and which would require only administrative review and approval of a WCFP, rather than discretionary review and approval NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends approval of Environmental Assessment No EA -403A, the pre - approval of eight (8) public facility sites for Wireless Communication Facilities and a Mitigated Negative Declaration, to the City Council, subject to the following conditions Prior to issuance of budding permits, the applicant shall receive administrative approval of a Wireless Communication Facility Permit (WCFP) from the Director of Planning and Budding Safety for any wireless facility proposed on Sites A -H 2 Prior to issuance of budding permits, the applicant shall sign a lease agreement with the property owner and provide a copy of the signed lease agreement to the Director of Planning and Safety If the wireless facility is to be located on City-owned property, the lease agreement shall contain provisions which refer to the cost for leasing the Pre - Approved Site, an understanding by the applicant that the applicant is responsible for paying the City Attorney's costs for preparing the lease agreement documents, access to the Site (including emergency access), relocation /restoration provisions, and other provisions as deemed appropriate by the City Attorney. 3 Access to Sites A (City Water Tower) and D (City Maintenance Yard) is limited to 7 00 AM - 3 00 PM on weekdays There will be no regular access during weekends and City holidays Emergency access will be subject to reimbursement for costs incurred by the City Reso 2431 I 4 All leases of public property for Pre - Approved Sites A -H are non - exclusive. The lessee (operator of the wireless facility) shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent it is technically feasible. 5 Prior to issuance of budding permits for a wireless facility located on City -owned property, the applicant shall provide liability insurance to the satisfaction of the City Attorney 6 Prior to issuance of building permits, the applicant shall submit plans which show compliance with the following design requirements A) The maximum height of any wireless communication facility to be located on Pre - Approved Sites A -H shall not exceed the maximum height allowed, as shown in Table 1, Page 2, of this Resolution. B) A wall- mounted wireless communication facility shall be comprised of non - reflective material(s) and painted or camouflaged to blend with surrounding materials and colors Any and all screening used in connection with a wall- mounted facility shall be compatible with the architecture, color, texture and materials of the budding or other structure to which it is mounted C) A utility- mounted facility shall not protrude or extend horizontally more than 24 inches from the existing utility pole or structure, and, it shall be painted to match the color of the existing utility structure in which it would be located on D) A roof - mounted facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building The screen shall also be painted to match the color of the building. Furthermore, any guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public rights -of -way. E) A ground- mounted facility shall be located in close proximity to existing above - ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergroundmg in the next twenty-four months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City Furthermore, it shall not be located in any required setback, required parking area, vehicle maneuvering area, vehicle /pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs the utility or intended function of such area. And, the facility shall be screened from access by the general public with a fence or a type of design approved by the Director of Planning and Budding Safety and the property owner. It shall also be covered with a clear anti - graffiti material of a type approved by the Director of Planning and Budding Safety The City may grant a waiver of this requirement if the applicant demonstrates to the satisfaction of the City that there is adequate security around the facility to prevent graffiti. 7 Prior to issuance of budding permits for Site G [West Basin Municipal Water District (WBMWD)], the applicant shall provide the Director of Planning and Building Safety with written authorization from WBMWD (property owner) that it has approved the building plans for the proposed wireless facility The applicant shall contact Paul Schoenberger, Chief of Engineering and Operations, for the WBMWD at 17140 South Avalon Boulevard, Suite 210, Carson, CA 90746 -1218, (310) 660 -6218, or another representative as authorized by WBMWD Reso 2431 ISO 8 Prior to the issuance of a permit, the applicant shall submit to the Departments of Planning and Budding Safety and Public Works a complete Construction Plan for review and approval The Plan shall 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. The plan shall limit construction hours to 7.00 a.m. to 6 00 p m Monday through Saturday, and prohibit construction an Sundays and Holidays. During construction, trash shall be removed from the Project Site on a daily basis At the end of each construction day, all open trenches shall 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 shall provide a twenty -four (24) hour, every day contact person /liaison to receive and respond to complaints during construction 9 During all phases of construction, the applicant shall comply with the City's Storm Water and Urban Run -Off Pollution Prevention Control Ordinance (No. 1235) 10 During all phases of construction the applicant shall comply with Chapter 9 06, Noise and Vibration Regulations of the ESMC 11 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -403A BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same The decision of the Planning Commission as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council PROVED AND ADOPTED this 12th day of November, 1998 Bret B perv(ard,OcP, Director of Planning and Building Safety, and Secretary of the Planning Commission of the City of El Segundo, California VOTES - Crowley - Aye Wycoff -Aye Palmer - Aye Boulgandes — Absent Kretzmer — Aye Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California I 1_53 P \projects \400 - 425 \ea- 403A\peres res Reno 2431