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1999 JAN 05 CC PACKET� 4 AGEND] 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 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 Cory 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 length In compliance with the Americans with Disabilities Act, it 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 Inasmuch as there are no agenda items for the January 5, 1999 adjourned regular meeting at 5:00 p.m., that meeting is cancelled. The regular meeting will commence at 7 :00 p.m. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 5,1999 - 7:00 P.M. Next Resolution # 4105 Next Ordinance # 1291 CALL TO ORDER INVOCATION — Rev Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell ,PRESENTATIONS (a) Presentations to recipients of the "1998 Lighting Up the Community" awards As 1 (b) Commendation to DIRECTV for their donation and support of the Community Alliance to Support and Empower (C A S E ) (c) Commendation to Rotarians Joe Harding, Elyse Rothstein, and Julie Stolnack for their recent participation in the Polio Corrective Surgery Program in India, a most significant humanitarian contribution to the world community (d) Commendations to winners of the Seventh Annual Space Walk Essay Contest 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) Request by the El Segundo Police Officers Association and Main Street Productions for City support, waiver of fees and approval to close the 100 to 600 blocks of Main Street from 8 30 a in to 8 00 p in on Saturday, August 14, 1999 for the Main Street America car show Recommendation — Discussion and possible action. 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 - Continued Public Hearing to pre- Approve eight (8) public facility sites which could accommodate Mayor 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) Re -Open Continued Public Hearing; 2) Continue 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. �� 2 Continued Public Hearing on a proposed Development Agreement Amendment to increase the permitted size of the proposed L A Kmgs /Lakers Sports Training and Recreation Facility previously approved for Project Area 4 of the Grand Avenue Corporate Center Project The Amendment would increase the size of the proposed facility by 15,000 square feet from 120,000 square feet to 135,000 square feet (Environmental Assessment EA -467 and Development Agreement 98 -2) Address 555 North Nash Street Applicant L A Ice Venture Company. L (Ted Fikre) Recommendation — 1) Hold Continued Public Hearing; 2) Discussion; 3) First Reading of Ordinance (by title only); 4) Schedule second reading and adoption for January 19, 1998; and/or, 5) Other possible action /direction. Proposed amendments to the Zoning Code for residential side yard setbacks for attached garages on 25 -foot wide lots in the Single - Family Residential (R -1) Zone, and, a Negative Declaration of Environmental Impacts in accordance with the California environmental Quality Act (CEQA) Environmental Assessment EA -465 and Zone Text Amendment ZTA 98 -7 Applicant City of Recommendation — 1) Open Public Hearing; 2) Discussion; 3) First reading of Ordinance (by title only); 4) Schedule second reading and adoption for January 19, 1999; and /or 5) Other possible action /direction. 4 Public Hearing on a request to amend the General Plan and Zoning Map to change the Land Use designation from Downtown Commercial to Multi - Family Residential, and change the Zoning from Downtown Commercial (CRS) to Multi- Family Residential (R -3), for five (5) 25' parcels that total 17,500 square feet (125' x 140'), for the fixture construction of condominiums Location 360 Richmond Street Applicant James R Obradovich, 233 Main Street, El Segundo, California. Property Owner. Della Kenny. Recommendation — 1) Hold Public Hearing; 2) Discussion; 3) Uphold Recommendation of the Planning Commission; 4) First reading of Ordinance (by title only); 5) Schedule Second reading and adoption of Ordinance for January 19,1998; and/or, 6) Other possible action /direction. Public Hearing on the proposed projects and budget for allocation of the 1999 -2000 Commumty Development Block Grant (CDBG) funds 1999 -2000 Proposed Total CDBG Budget $142,230 (Proposed Community Development Commission CDBG Allocation - $100,859, Proposed General Fund monies - $41,371) Recommendation — 1) Hold public hearing; 2) Discussion 3) Consider proposed projects and budget, and direct Staff accordingly; 4) Authorize the Director of Planning and Building Safety to execute agreements with the Community Development Commission; and, 5) Authorize the Director of Planning and Building Safety to execute agreements in excess of $10,000 with all sub - recipients receiving CDBG funds. C. UNFINISHED BUSINESS — 6 Implementation of the Downtown Task Force recommendations (Fiscal impact $145,000) Recommendation — Consider modified Action Plan, implementation costs and direct staff accordingly. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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 7 Warrant Numbers 2254042- 2254341 in total amount of $1,056,736 80, Warrant Numbers 2254342- 2254556 in total amount of $689,216 38, and Wire Transfers in the amount of $1,222,654 11 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 12/09/98 to 12/24/98. City Council meeting minutes of December 15, 1998 Recommendation - Approval. 9, Application to the Los Angeles County Metropolitan Transportation Authority (MTA) Call for Projects for funding the Douglas Street Gap Closure/Railroad Grade Separation Project (total estimated nroiect cost = $10 5 million) Recommendation — Authorize staff to submit the application through the Southbay Council of Governments (COG). N 10 Agreement between Wadell Engineering Corporation ( "WEC' ), the City of El Segundo, Culver City, and the City of Santa Monica for an air traffic growth study to be performed by WEC Recommendation - Authorize execution of Agreement between WEC, City of El Segundo, Culver City and the City of Santa Monica, subject to approval as to form by the City Attorney. 11 Granting of an Easement Deed to the State of California for the Sepulveda Boulevard Widening Project Recommendation — Approve Easement Deed and authorize the mayor to sign the Deed on behalf of the City. 12 City - Caltrans State -Local Transportation Partnership Program (SLTPP) Master Agreement and Program Supplement No 001 (one -time revenue of $41,417 00) Recommendation — 1) Approve Master Agreement No. SLTPP 07 -5235 and Program Supplement No. 001. 2) Authorize the Mayor to execute the Master Agreement and Program supplement No. 001 on behalf of the City. 13 Acceptance of the improvements to the City Parking Lot at the southwest comer of Main Street and Manoosa Avenue Protect No PW 97 -25 (final contract amount = $57,853 21) Recommendation — 1) Approve Change Order No. 1 in the amount of $946.85. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 14 Acceptance of the sidewalks north of Douglas Street Metro Green Line Station — Project Number PW 95 -12 (final contract amount = $227,898 00) 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. 15 Request for the City Council to approve the lowest responsible bids for exercise equipment as authorized in the Police Department gymnasium remodel project and equipment replacement Recommendation — 1) Accept bid and approve the expenditure of $20,091.36 for cardiovascular training equipment. 2) Accept bid and approve the expenditure of $32,778.36 for weight training equipment. 3) Reject all other bids. CALL ITEMS FROM CONSENT AGENDA 5 F. NEW BUSINESS — 16 Cal -Card Purchasing Program Recommendation — Discuss Cal -Card Purchasing Program and provide direction to staff to implement program. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE 1. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE - Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE 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 themselvesprior 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 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 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, January 5, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED �> DATE 7 9 g TIME 9' 3�g NAME,cc 010599ag G <, 2,` 425 jWain Street America El Segundo's Premier Car Shoir Event lugust 21, 1998 De,u \la }or Cioldorl and NIenlbers of City Council Bill Sinko and Pete Zalabak of Main Stieet Ameuca Productions, representing the El Segundo Police Officer 1�sociation, seek eour peimr�,ston to organize and produce the Main Street America cat show event foi 1999 We tequest peimission to use the 100 to 600 blocks of Main Stieet fiom 12 00 noon to 6 00 PM on August 1-kh 1999 The El Segundo Police Officers Association will be one the organizations we will [arse funds for through these eN ents We will hat e the assistance of ESPOA volunteeis dutrng the events to assist to crowd control Othei chautable causes will be picked at a later date We ask that Council allow its to close the 100 to 600 blocks of Main Street ftom 8 30 AM to 8 00 PM on the above date foi set up and pioduction of the event These closures would include all intersecting streets in these blocks listed above back to the nearest alley ways We iequest the Council to permit us to close the street as listed above to normal ttaffic via City of El Segundo supplied signs, bauicades, and cones We ask foi Council to wat� e any costs to the city foi this show event We will purchase a seveial million dollar liability insurance plan for the event and a copy of the policy will be piovided to the City Attorney ESPOA volunteers and out staff will set up and remove all bauicades and cones foi the event We will clean any trash remains left behind after the event All outhouse facilities will be pro - Nided by out organization ESPOA N olunteeis and our staff will make all necessaiy notifications to the Police Depattment, Fite Depaitment, M T A , Stieet Depattment, neighboring residents and area businesses Traffic control plans foi each event will be provided to the Police Tiaffic division foi appioval prioi to this event We request the Council's support and permission to implement this cat show event which will be beneficial to the El Segundo Community 1 hank you, Bill Sinko Police Officei City of El Segundo Pete Zalabak Main Street Arneuca Motor Sports 7 City of El Segundo Inter - Departmental Correspondence December 29, 1998 To: J O Wayt, Acting Chief of Police From: Mitch Tavera, Lieutenant Subject: Main Street Cruise Park and Show The El Segundo Police Officer's Association is planning the annual Main Street Car Cruise to be held on August 14, 1999, from 0800 to 2000 hours The car show will highlight classic and pre -1975 cars and trucks. The event will be held in the 100 through 600 blocks of Main Street, which will be barricaded and manned by volunteer staff Emergency vehicle access would not be impacted as the # one traffic lanes of both north and south bound Main Street will be kept clear Traffic control plans meet with approval of the Traffic Division Prior to the event, members of the above agencies shall meet with the Traffic Division Commander to insure that all is in order and proper notifications have been made EVENT MANPOWER (0800-2000 Hours) Police Volunteer Staff Street Department. $100.00 per event MT /sn 0 EL SEGUNDO CITY COUNCIL MEETING DATE. 05 January 1998 AGENDA ITEM STATEMENT AGENDA HEADING Special Orders of Business — Public Hearing AGENDA DESCRIPTION: Continued public hearing to pre- approve eight (8) public facility sites which could accommodate Major and /or Minor Wireless Communication Facilities 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 Re -Open Continued Public Hearing, 2 Continue 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 01 December 1998, the City Council opened the public hearing to consider EA -403A, the proposed pre - approval of eight (8) public facility sites which could accommodate Major and /or Minor Wireless Communication Facilities (WCF) as defined in the Municipal Code At the meeting, the Council indicated that it does not feel that it is appropriate or equitable for the City of El Segundo to bear the burden of providing wireless service to LAX and that it wants to only do its "fair share" of complying with the Federal Telecommunications Act The Council further indicated that it does not want to allow wireless vendors to use all eight sites at once, but rather, it would prefer to rank the sites in order of priority, with the sites having the least impact to the community ranked first (and utilized first) and the sites with the potential to have the most impact to the community ranked last (and utilized last) The Council then directed Staff to prepare a preliminary ranking of the sites which it would review and consider at tonight's meeting Generally, the sites ranked highest are east of Sepulveda Boulevard, the easiest to disguise, the furthest from the residential community, and will have the least amount of visual impact Table 1 below lists the eight (8) proposed sites and Table 2 shows Staff's (preliminary) ranking of the eight (8) sites ATTACHED SUPPORTING DOCUMENTS. 1 Draft City Council Resolution No 2 City Council Agenda Report for 01 December 1998 FISCAL IMPACT: (Check one) Operating Budget: ✓ 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 INATED: December 1998 Bret B Bernard, A16P, 4Directgf of Planning and Building Safety REVIEWED BY Date: / Mary Strenn. City ana Zz / %? 1 DISCUSSION: 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 G West Basin Water Reclamation Plant (1935 Could accommodate all four types of facilities, Allowable Facility Hughes Way) three existing facilities within 300 feet, would not Facility A City Water Tower (400 Lomita City of El Segundo utility- mounted Shall not exceed top of 3 St ) City Maintenance Yard (150 Illinois St) Would not impact residential views, surrounded water tower B Communication Tower at Fire City of El Segundo utility- mounted Shall not exceed height of City Water Tower (400 Lomita St) Station #1, future 911 utility providing cellular coverage, the visual impact of Communication Facility at a wireless facility would be minimal compared to Police Station (348 Main St ) the already existing visual impact of the Water C Campanile at El Segundo High El Segundo Unified wall- mounted Shall not exceed top of bell Light standards at Richmond Field — middle 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 The ranking below attempts to reflect the concerns raised by Council at its December 1st meeting The rank, site, location and reason for ranking, by Staff, of the eight (8) proposed sites are listed in Table 2 Table 2 Rank Site Location Reason for ranking 1 G West Basin Water Reclamation Plant (1935 Could accommodate all four types of facilities, Hughes Way) three existing facilities within 300 feet, would not impact residential views 2 F Fire Station #2 (2161 E El Segundo Blvd) Would not impact residential views 3 D City Maintenance Yard (150 Illinois St) Would not impact residential views, surrounded by industrial and commercial uses 4 A City Water Tower (400 Lomita St) Height and location of facility is optimum for providing cellular coverage, the visual impact of a wireless facility would be minimal compared to the already existing visual impact of the Water Tower, surrounded by residential uses 5 E Light standards at Richmond Field — middle Would be mounted to an existing utility which is school (615 Richmond St ) already part of the visual landscape 10 6 H LA County Flood Pump Station (223 Center St ) Minimal residential impact 7 8 Communication Tower at Fire Station #1, Existing communication tower already exists, future 911 Communication Facility at Police however, adding a facility may cause it to look Station (348 Main St ) worse, adjacent to residential uses 8 C Campanile at El Segundo High School (640 Surrounded by residential uses, Council Main St) expressed concerns with architectural compatibility Source City of El Segundo Although the eight (8) sites are ranked accordingly, legal opinion dictates that a wireless facility vendor should be allowed to utilize another pre- approved site if the vendor can prove (to the City's satisfaction) that it is technically necessary The Zoning Code currently has provisions which require vendors to explain why a particular site is chosen and to provide technical documentation to support the request It is worth noting that Chapter 20 62 of the City's Zoning Code currently allows wireless facilities on private property, with appropriate City approvals In other words, a wireless facility could be located in the City even though it is not located on one of the eight (8) proposed sites As a matter of fact, there are twelve (12) existing wireless facilities largely on private property in the City Additionally, Section 20 62 140 of the Zoning Code commits (and requires) the City to "pre- approve;' by Resolution, a list of public facility sites which could accommodate Major wireless facilities The proposed project is Staff's attempt to implement this Code Section 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 On 12 November 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 in the draft Initial Study P \projects \400 - 425 \ea- 403a\ais -2 II 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 East El Segundo Boulevard (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 meetings of the City Council of the City of El Segundo on December 1, 1998 and January 15, 1999, duly advertised public hearings were 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 RE WIRELESS COMMUNICATION FACILITIES PAGE NO 1 .I 1 ry 2 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 Type(s) 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 tower 8 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 Et 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 #2 (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 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 budding) 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 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 RE WIRELESS COMMUNICATION FACILITIES PAGE NO 2 13 Comments about the protect 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 The eight (8) proposed Pre - Approved Sites are available for lease if the property owner(s) deem appropriate The proposed protect 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 11 At the December 1, 1998 meeting of the City Council, the Council directed Staff to rank the eight (8) sites according to Its potential Impact to the community, with the sites having the least impact to the community ranked first and the sites with the potential of having the greatest Impact to the community ranked last Staff's preliminary ranking Is as follows 1) G, 2) F, 3) D, 4) A, 5) E, 6) H, 7) B and 8) C 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 protect 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 protect 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 RE WIRELESS COMMUNICATION FACILITIES PAGE NO 3 14 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 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 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 1 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 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 RESOLUTION NO APPROVING EA -4M RE WIRELESS COMMUNICATION FACILITIES PAGE NO 4 15 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 budding 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 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 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 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 RESOLUTION NO APPROVING EA -403A RE WIRELESS COMMUNICATION FACILITIES PAGE NO 5 1h 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 trader 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 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 12 To assist the Director of Planning and Budding Safety, the City Council has Indicated the following preferential order for pre- approved sites 1) G, 2) F, 3) D, 4) A, 5) E, 6) H, 7) B and 8) C The sites which may be considered to have the least Impacts to the community are ranked first and the sites with the potential of having the greatest Impact to the community are ranked last 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 RE WIRELESS COMMUNICATION FACILITIES PAGE NO 6 17 PASSED, APPROVED AND ADOPTED this 5" day of January, 1999 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 Resolution No 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 5`h day of January, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Z Mark Hensley, City Attorney 13 P \protects \400 - 425 \ea -403A \ccres -2 RESOLUTION NO APPROVING EA -403A RE WIRELESS COMMUNICATION FACILITIES PAGE NO 7 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 Ma /or 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 Cdy Council Resolution No _ 2 Planning Commission Staff Report and Resolution No 2431 for November 12, 1998 meeting FISCAL IMPACT (Check one) Operating Budget, 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 y/_ ORIGINATED Date. 23 Nov 1998 Bret B Bernard, aiCa, Director of Planning and Building Safety REVIEWED BY. Ma ry Senn y Manager ACTION TAKEN 63 19 3 C E C \/ C N Q 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 uhlity- mounted Shalt 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 EI 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 ('fight poles only), El standards Richmond St) Segundo Unified School District (land) F Fire Station 92 (2161 E El City of El Segundo roof- mounted, 175 feet Segundo Blvd ) utility- mounted, wall- mounted C West Basin Water Reclamation West Basin Municipal ground- mounted, 142 feet Plant (1935 Hugnes 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 Sc.,rce Cay,oi ti Segunoo A draft Initial Study was prepared by staff for the project which identified potential adverse environmental mpacts 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 \pr0jects\400 -425 \ea403a\ais 5L+ 20 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 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 and City Council have reviewed the application and supposing evidence with the authority and criteria contained In the California Environmental Quality Act CEOAI 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 Cit, of El Segundo on October 22, 1998 and November 12, 1998, duly advertised public hearings ere ie _ on this matter in the Council Chamber of the City Hall, 350 Main Street, and HEREAS on November 12, 1998 the Planning Commission of the City of El Segundo adopted Resc'luiion No 2431 recommending approval of Environmental Assessment EA -403A to the City Council i ,-prove eight (8) public facility sites which can accommodate wireless communication facilities, V HEREAS at the duly scheduled and public noticed meeting of the City Council of the City of E Se_.un,;o on December 1, 1998, a duly advertised public hearing was held on this matter In the Council ,_,.namrjer of the City Hall, 350 Main Street and WHEREAS at said public hearings opportunity was given to all persons present to speak for or the f tidings of Environmental Assessment No EA -403A, and, 4."HEREAS 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 (VVCF) with approval of a Wireless Communication Facility Permit (WCFP) This project is to comply with that requirement RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES 2 PAGE NO 1 `� S 2. 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 Type(s) of Allowable Allowable Maximum Facility Height A City Water lower (400 Lomita Street) City of El Segundo ubbty- mounted Shall not exceed top of water tower 8 Communication Tower at Fire Staton 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 Ef Segundo (light utility- mounted Shall not exceed top of middle school (615 Richmond Street) poles only), El Segundo light standards Unified School District (land) Fire Station #2 (2151 E El Segundo City of El Segundo roof-mounted, utility- 175 feel Blvd I mounted, wall- mounted G West Basin Water Reclamation Plant West Basin Municipal ground- mounted utility- 142 feel (1935 Hugnes Way) Water District mounted, roof - mounted, wall- mounted Lr- Count, Rood Pump Station (223 Los Angeles County roof - mounted, wall - 34 feel Center Street) mounted, utdity- mounted _ - E,Sey�ntlo A t tajor facility Is defined as a wireless communication facility that Is either ground- mounted (such as monopole) or root - mounted (t e , situated on the roof of a building) but which exceeds the nelcni 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 Saes A -E and Sites G - H are located In the Public Facilities (PF) Zone and have a General Plan ?and 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 22 RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 2 7 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 i 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 Mlnimus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within ten (10) Cays 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 23 57 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 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 Accbss to Sites A (City Water Tower) and D (City Maintenance Yard) is limited to 7 00 AM - 3 00 Ph1 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 budding 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 2 4 Sg 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 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 ut(l(ty- 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 budding 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 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 aupl cant 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 - 621IQ or another representative as authorized by WBMWD RESOLUTION NO APPROVING EA403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 5 2119 S �I 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 trader 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 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 alter 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 2G �,�, 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 Resolution No 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 Cir, Llortesen City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney P \projects1400- 4251ea- 403A\ccres RESOLUTION NO APPROVING EA -403a TO ACCOMMODATE WIRELESS COMMUNICATION FACILITIES PAGE NO 7 ' C7 CiTY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE MEETING DATE: November 12, 1998 TO: Honorable Chairman and Members of the Planning Commission 3 FROM: Bret B Bernard, AICP, Director of Planning and Building Safety'b THROUGH: Laurie B Jester, Senior Planner IS STAFF �I V, PLANNER: Hannah L. Brondial Bowen, AICP, Contract Project Planner TT'' 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 20 62 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- approve," aesciution a list of public facility sites which could accommodate Major Wireless Co- _,nication Facilities (WCF) with approval of an administrative Wireless Communication s,-,,• n :;CFA) The project request is to pre- approve the first eight (8) public facilities below for exact locations) which could accommodate Major and/or Minor F=_ _— ' NOATION r_cn-nmends that the P;ann,ng Commission Adopt Resolution No. 2431, thereby ==^val of Environmental Assessment EA -403A to the City Council and making a o' ine potent,ai envronmental impacts created by the project can be e:: o an msignihcar ie:el ov the proposed conditions /mitigation measures - O_S"RIPTION = sac c•o eci is to pre- aporove ine C tv s initial eight (8) public facility sites which can �.,•eless facilities Altnougn Section 20 62 140 of the ESMC is specifically r, al o.. ng Major WCF on pubic facilities staff is including Minor facilities with this _ s n-e inese types of wireless facilities would also be permitted on the proposed public sres Tnus Major or Minor wireless facilities proposed on ore - approved sites would be e..ec tnroueh the WCFP process which is an administrative action (i.e., approval is by C e e` Planning and Budding Safety) rather than a discretionary action (i e., approval is by 'om-n ss on or City Council) since ine allowable type of wireless facility on the pre - acc'c sc s,te would have been previously analyzed for its impacts The types of allowable ,ess facilities on each of the eian• (8) proposed sites have been analyzed for their GS Pa_'e 1 of l l n 1 A environmental Impacts and the findings are presented In the draft initial Study for the project. Mitigaldon 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 definttion, 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 Sne Location Property Owner Type(s) of Maximum Height of Allowable Facility Facility City water Tower (400 City of El Segundo ublity- mounted Shall not exceed top of LDm112 S' S water tower Communication Tower at City of El Segundo utility- mounted Shall not exceed height of Fire Staucn ;;1, future 911 utility, if technically Cc -nmun cation Facility at feasible If not technically col ce Sialion (348 Main feasible, an additional 15 �) feet of vertical height shall be allowed. a, Ei Segundo El Segundo Unified wall- mounted Shall not exceed top of -- S:-Doi 15 =0 Main St 1 School District bell tower V _ Yara (150 City of Ei Segunao roof - mounted, 48 feet S utility- mounted, wall- mounted -__ cs a• 9,cnmond City of El Segundo utility- mounted Shall not exceed top of ::C e SCncol (515 (light poles only). El light standards. Seounco Unified School District (land) =2 (2161 E EI Ca, c' E' Se; „neo roof - mounted, 175 feet __,_- uuhty- mounted, wall- mounted West Bann ground- 142 feet -__ amai on °lani (1935 Municipal Water mounted, utility- - .-2= t':ay) DistnC mounted, roof - mounted, wall - mounted - _A County Flood Pump Los Angeles County roof- mounted, 34 feet, it technically S,al, dn (223 Center St) wall- mounted, feasible If not technically utility- mounted feasible, an additional 15 feet (vertical) shall be ermined. � _ __ :-n. c e se,_nao 29 Page 2 of 11 (� 13 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 comer 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 reowrements As shown in Table 1 above the various types of wireless facilities which would be permuted on each site is included, along with the proposed maximum height. In brief, the type of w -e,ess fac ht� proposed largely dictates the permissible development and design c- ,a,aotenstics as allowed by Chapter 20 62 of the ESMC. For example, a roof - mounted facility is rac. red to be screened from view and the screen shall be painted to match the color of the o_.c,ng and, a wall- mounted facility is required to be painted to match the color of the building, E c Tnese and other requirements contained in Chapter 20.62 of the ESMC have been _ cc,atee as conditions of approval in Draft Resolution No 2431. tc ne maximum height requirements Section 20.62 140 of the ESMC allows for = _ e ,= ;ni requirements cf the zones in which the Sites are located in (in this case, - _ c =a: . es anc Urban Mixed -Use North Zones) and allows the City to determine the -- ne : - a iowed on each site Table 1 above lists the maximum height allowed for each s:,-,= cases indicates trial aye wireless facility shall not exceed the height of the :e�hn early teas oie II it is not technically feasible, staff proposes that an e= c• yen cal height snoulp be allowed to ensure that the site is marketable. For - a -o - ins allowable maximum height was determined by taking the average _ e = a zcnes adiacer: t::^= subject site However, for Site H, staff is proposing .e• ct vertical r snculd be permitted if it is technically necessary For c = ne aliov ac,e "nd,xi ^,„m he ont is the height of the structure or utility, c• c = ° sfaf', is oroocs trig' an acci:ional 15 feet of vertical height should be s e -- .,Ca;ry necessar, Tnese requirements have been incorporated as conditions ___ c.e n -a. Resolution No 2431 S -E DESCRIPTIONS and SURROUNDING AREA CHARACTERISTICS s the 1C_ 4 feet high Water Tower located at 400 Lomita Street at the City's Water S,;- ouno rig uses include residential to the north, south, east and west, as well as a small the south a church and day care center to the west, and St Anthony's Church and to the scumwest (across Grand Avenue) is the existing Communication Tower at Fire Station #1 and the future 911 - n cauor Facility at the Police Station at 348 Main Street, which is at the Civic Center. 30 Pace 3 of I I b 4 n 1 5 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 hich 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 lien; industrial /research and development facilities to the south (Raytheon), vacant land =roved wan mixed uses (hotel, recreational facility, corporate offices, etc.) to the north and v,es- (Grang Avenue Corporate Center), and office and light industrial uses to the east. The C e a-ed Metre Rail Green Line station is located southeast and east of the site (across El Se;.. -_- Boulevard and adjacent to Nash Street) G is the vies, Basin Municipal Water District Reclamation Plant located at 1935 Hughes -ne s o ^o,ng uses include a golf course and driving range to the north, a nursery to ed _ ees' uncerneath th<_ Southern California Edison power lines and light esea c- a-o cevelopment uses tRaytheon) further east, a self- storage facility and Express) to t'-E south and southeast, and the Chevron oil refinery to ._ ,az-_-SS Secu veca Boule�aro) L.= es County Fiooc F;,r c Station located at 223 Center Street. Surrounding res __^ a' to the norm (across Grand Avenue) and west, a park (Wyle Park) to the s—a __, z uses to the sour an-" east i- ONMENTAL REVIEW a_ ac, n- as t a_:: zant as %.ell as the lead agency, has determined that Deciarat on is the ac_cariate environmental review in accordance with the s =-•-e ^,tal Quality Act ,cr ,nis portion of the project v.as prepared b, s 3 the project which identified potential adverse „en;a Impacs relal;ng to tar use and planning, geologic problems, water, =cc,,at on circulation noise and aesineiics The draft Initial Study is attached to this Report f. _ sig- ofican; aoverse environmental impacts were identified which could not be mitigated to an ; -s z- _-an, lee and a Mitigated Nega: ve Declaration of Environmental Impacts is proposed e �,-ar Inria St_c v.as circulated for inter- oez�armental review and comments, as required by Council Reso;u:,on No 3805 and Slate CEQA guidelines All City Departments have = red w.,th staff s recommendation to approve a Mitigated Negative Declaration of ^menial i•- -oat's All of the measures, as detailed in the draft Initial Study, have 3l P.we 4 of 1 I IOC 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: J AND USE PLANNING Table 2 below lists the General Plan Land Use designations and Zoning for each of the eight (S) 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 02 will reduce any potential conflicts with the General Plan and Zoning to below a level of signincance TABLE 2 S E Location General Plan Desionation Zoning Desionation - ware Towe, 1400 Lomita Sr I Public Facilities Public Facilities (P -F) = Comrnunicauon Tower at Fire Public Facilities Public Facilities (P -F) Station =1 future 911 Communication Facility at Police Station (346 Main St 1 - CE =an ie a, _! Segundo Public Facilities Public Facilities (P -F) ti,oh School (540 Main St 1 - C • "a•^ "50 Illinois St, I Public Facilities Public Facilities (P -F) cans a, Ricnmonc Pucnc Facilities Public Facilities (P -F) School (615 - - c 21c1 _ __^ Mixed Use-North Urban Mixed Use -North ••es E_s - b=ate- Plant (1935 I Public Facilities Public Facilities (P -F) _cb Pu•- 2 =-oi c - acdities Public Facilities (P -F) �% reless facdii ea c- or000sed Pre - Approved Sites A through H will not a ciner policies or envronmental plans therefore, no impact is anticipated e= r c=e cement of wireless facun es cn Sites A through H will not be incompatible with s c _S_s since the facimies a•e considered accessory structures to existing (and eci .a ses and which wouic oe eermtted with approval of a WCFP. Compliance with s General Plan, ESMC, specilcally Chapter 20 62 and the CEQA will ensure that the es Gc eni,al incompatibility will- existing land uses are reduced to below a level of 32 Pace 5 of 1 I &,(0 016 GEOLOGIC PROBLEMS 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 antcipatec shin no mitigation is required A:=-3 ng to the Safety Element of the Cit% s General Plan, the southwestern portion of the City aior_ me coast (and adjacent portions o' :, e City of Los Angeles to the north) are identified as p= a-, ai seiche and tsunami hazarc areas, however, since none of the proposed sites are z =a a= in these areas, no impacts cue to these natural hazards are anticipated. Site E, which is J = to the e=ast of the City of Los Angeles Hyperion Wastewater Treatment Plant, and about a east f zr, the coast is the closes* Site to these hazard areas. However, it is above the -: naza•c a-ea therefore, no imca= s are anticipated No mitigation is required. Site G is oe�e,cped with a ground- mounted facility, minimal grading e ::- rep io construct the faoht, nowever, significant changes in the topography of the <_ = nas peen previously gracEc and is relatively flat) will not occur, although some z s e s=, r-av occur dunnc cc„< ruction However, soil erosion will be controlled with 7 s Storm 6Wate- a-= _roan Run -off Pollution Prevention Control Ordinance _ _= : an this C•z -.arze � ,d, reduce the impacts of soil erosion from project a _eve' c• s ;- Zarce Sites A -F and Site H are not proposed to acdities tnEreIC'E no son impacts due to grading, excavation or fill will S a, a.e pee- orevously developed with structures and /or s ca' '=a lures exist on any of the sites, therefore, a-e anticipated As stated above, none of the _�s t -a ne - - c= _ ,a !o- seismic around failure and liquefaction, of is -= -_ __ is remote and no impact is anticipated =ca ez : eas cz,ner of the City (south of Imperial Highway =_,, evarc east V ties _ ze ano north of El Segundo Boulevard) have been expansive sods is=: _ =3 -,. f.+cntezuma Clay Adobe), however, only Site F - - s a'ea anc the types c` i,. 'e ess •3C,kiies proposed for Site F (wall -, roof- or utility- - _ _z tap =s vdi have no impa= c , e soil of the site Therefore, no impacts due to so s are ahnc paced on am, ci 'tee proposed Sites None of the Sites are located on " lE s' =pes of nillsides therefore the cotential for landslides or mudflows is non - existent gat ,sr is reeuired Sue G is e =cec vnth a ground- mounted facility, minimal grading 'c c3nstruc• tn_e nov,eve' it will not significantly impact absorption 33 Pj,-,e 6 of I I (c�-7 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 ctianges in the amount of surface waters since no grading is required to install utility- mounted, wan- mounted or root- mounted facilities TI— .:N S PC) RTATION'CIRCULATION Pre - Approved Sites A through H are publicly and privately owned and access to each site will be cerermined by the terms of the lease agreement that each vendor enters with either the City or t'e c- vate property owner The Public Works Department has indicated that access to Site A (C i V.'ater Tower) and Site D (City Maintenance Yard) will be limited to 7:00 a.m. - 3:00 p.m. c ;lie weed and that no access will be available on weekends and City holidays; and, that access will be subject to reimoursement for costs incurred by the City. Agreement to -a _- -s cf : -e leases regulating access for Sites A and D, as well as for the other Pre- ec 5 es , , :; reduce the potent al for inadequate emergency access or access to nearby = a le'. el of significance Furthermore, since the wireless facilities proposed on Pre- = e= S :es ,n -c,:gn H would be unmanned, they would not generate a need for additional -_ anc no impacts to on -site or off -site parking will occur. - iess facilities en Sites A through H will generate short-term construction sa -:;..a er these iacd i es tAiu oe constructed or operated in accordance with a voration Reo,iiauons of the El Segundo Municipal Code, which will -ca Z: to oelow. a eve, of significance Saes -, o, -- w Ii net impact a scenic vista or scenic highway in= Ciry or El Segundo The development of wireless -_- e Si :es A rrc__ - i, not create light or glare since the facilities would e anc � oulo be requueo iz; ce painned to match the color of the buildings, walls or _- „ne. �.oufd be aGacneo ,o -e = less facilities on p-ep =sec Pre - Aporoved Sites A through F and Site H will _ = a ca- ,cns:-abie negative aestneuc affect since the types of facilities proposed (i e., a ocf- mounted) will be paintec to match the existing color of the budding (d it is a __ ec a enna) will be screened r--m view, and the screen shall be painted to match the _ = ci _ ti' its a roof -mcu -• tac lity) or will be attached to an existing utility and ^ e ess ia= sham be pained to mach the color of that utility Compliance with Chapter cf the ES:.!' wnicn regwates the oesign requirements and guidelines for wireless .s � ; rec -ca the potential aesmctc impacts of these facilities to below a level of 34 Pa•� 7 of I I �& 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 tali 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 - Aporoved Sites A through H to below a level of significance, wP it regards to the visual impact of the VVCF 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 E v nlch would allow an additional 15 feet (vertical) if it is technically necessary. Moreover, the rr Y mum height of Saes D. F, G and H nave been determined by taking the average maximum ra ;- of the aolacent zones, however Site H would be allowed an additional 15 feet (vertical) if e.�n.cau necessary Compliance with these requirements will reduce the potential :e aestnei _ Irnzact of these wireless facilities on proposed Pre - Approved Sites A through _ za ov, a ie,a cf s,onificance G_NERALPLAN - - e _ a °,an opals objectives and policies which relate to this project are from the Land Se.a :anent Open Space arid Recreation, and Conservation Elements. With 'ise Elemem :-e 'o'- o:arno Dohcles support this project: Policy LU1 -5 6, c_ elopment p cr_sa s comoly with the City's Zoning Ordinance and the S which s uoccr:s in=_ use of Innovative land development and design c. LU7 -2 5 v n cn encourages the design of public facilities and utilities to s_• 3jnoine uses t'. ; , reaaros to the Economic Development Element, the an_- po cgs _coly Goals ED1 and ED2, Objectives ED1 -1, ED1 -2 t E -t _ ' ED' -_^ 2 ED1 -2 3 and ED2 -1 3, which support the e = ce c` a cn e z -o s'rcnc economic base which benefits the City, its cc -, lY,t^ reeardS to the Open Space and Recreation a = _ col•cies aoc. =o c CSI-19 which supports alternative funding _ e:• 3oonal fau,it, r- ince and Policy OS1 -5 3, which supports the _ _ = Ine El Serjur 5u.+er'I, Lastly, the following goals and policies of apply Gc_ arc Policies CN5.1 and CNS -2, which supports the - Z -_ _-ca^ landscape su negative aesthetic impacts are minimized and that _ => -s^ neighoortioc -s -, a: •c lanoscaoes are maintained Conformance with is a policy Issue Z Is eetermined at the discretion of the Planning : -1e City Council it the ceus -on Is appealed The Municipal Code incorporates ere a vn,ch will help to mitioaie anv potential General Plan conflicts. I_ _RDEPARTAtENTAL COMMENTS g a :,a Study and draft P• approved Sites Map were circulated to all City _ me s Div si--r5 for their reviet <'Ild comments All of the Departments/Divisions _ -" -- - s•a" _ ;rafi initial S' -cs and the following Departments /Divisions had no U 35 Rl_eSof II 69 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. a 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) cays notice E Liability insurance shall be provided to the City Attorney's satisfaction ese comments from the Public Works Department have been incorporated as conditions of in c•aft Resolution No 2431 however, staff believes that these six (6) comments s- = be aopiie-. to all the City -owned properties (Sites A, B, D, E, and F), not just to Sites A access tc S ies B, E and F wiil be determined at the time of negotiating the lease =c. c, ^e s responded to tree Public Hearing notice for the proposed project The _ =_e ,,. r Dora Polk of 115 West Palm Avenue, expressed concern about the - = e aestnetic impact a �:ireiess facility would have on the overall appearance of - _ ,c: as .ell as the impact it would have on the reception of her television and radio, _zi_ cu o nave on the operation of her computer ?. ] Y�)iK final with reca•cis to aesthetics the type of wireless facility which would __ _ _ _- •fie H,ah School s n sr i_ camcaniie would be a wall- mounted facility, and this as ,.e^ little visual imra_ escecialty it it is painted to match the color of the wall Z_ it is attache:. Tna facility will have to comply with this and other s an-_ ouioelines -:,tneO in Chaoter 2062 of the ESMC, which help to _ = a )egalive des ^e. _ • cacis the wireless facility might have Furthermore, s oo , that prior to receiving final City approval, the wireless facility vendor must ago• =�a from the proper, rn re, the El Segundo Unified School District. Staff e= i s c _-i„ tnat it is the City s ano the School District's desire to maintain the architectural -e H g^ School and that aes,nel cs is of utmost importance With regards to the __ • ^e 'ac cou'o have on her te,e• ision radio or computer, staff indicated to Ms. Polk that e ess facilities operate under FCC- ass,onea treauencies which are not anticipated to affect se types of cevices Furthermore vdC= are regulated by the FCC, not by the City (per the _e a Te ecommun cations Act cf 132: • anc must somehow be provided for in accordance s = eoera, manoate c•ccer,y ov:ner John To:.nnc of 7 Malaga PL W, Manhattan Beach, owns property 36 1112 P.ii_,c 9 of 11 % 0 near the High School. Like Ms. Polk, Mr. Tourino also wanted to know whether the wireless facility would impact the reception of his television set. Again, staff informed Mr. Tourino 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 secarates Imoer al Highway from Imoerial Avenue) on the proposed Pre - Approved Sites list. Loon further research of the proposed site, staff and the City Attorney's office, discovered that the suoiect 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 p- •coses 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 r ccsa' since tne;, would be focatino the wireless facility on a jointly- owned, City of Los Angeles of 1^!3 e• and Power (DWP) ano Southern California Edison (SCE) utility pole, which I-- rin an ex stint easement grantee to DWP and SCE PBMS claims that because they -- e fro- SCE and DWP to use the pole they do not need City approval to use it as a v e ass facility Hovrever, it is staff s position that since PBMS is proposing to locate a wireless - r a u ;'r, Cole within the boundaries of El Segundo, it becomes subject to the e-',,s ano reg� aeons of Chapter 20 62 (Wireless Communication facilities) of the A**Drneys oflce - still researching the matter and will advise staff ess it is imcc ^ar-; to coint out that the Pre - Approved Sites list can be as parmmeo ov Section 2062 140 (A)(1) of the SSMC. However, it - e P'a-n nc Ccnm ss on cannot act on PBMS' request to include the since s to % as not included in the Public Hearing notice, nor or, Vie c=z,:% oecause of the previously mentioned (unresolved) _Z Cry A•tor_ s c Ce makes the determination that the landscaped a _-= -c> Hanvav can oe ^c' c =_d as a Pre- Approved Site, it can certainly be __csecuen; Pian i -• _-_r -n -ssicn meeting - hesc,:a':n No 2431 a secs•;;, -ental Comments (P.o ,c Works Division) _cosec zIre- Approved Sites lilac '_e',ar from E Segundo Unified Scnooi District Le;ter trcr- Los Angeles Count- r-,iclic WorKs _.. C,•% Lease Agreement _a I _e as County Lease Agreement Ibiank) C- '- ^ -ent Ie•te• from West Basin %lunicipai Water District - dated 10/13/98 37 {'l- If) of 11 -]/ Prepared by: Hannah L. Brondtal Bowen, AICP Contract Project Planner Reviewed by L L - Laurie B Jester Senior Planne* Aperoved E-- E Bernard AiC? C- ,ec,cr of planvf no and Budding Safetv z- secretary of the Pionning Commission -e v o` EI Sezunco, California p \pro)ects\ea403 \ea4O3a.sr1 38 P.i_c 11 or 11 ' RESOLUTION NO. 2431 A RESOLUTION OF 4�p THE PLANNING COMM15510N 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 Necauve Declaration of Environmental Impacts for the proposed project, has been prepared and c a ec to all interested parties, staff, and affected public agencies for review and comment in the T_ a-c manne, prescribed by law, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the _ a -,c criteria contained in the California Environmental Quality Act (CEQA), State CEQA c-a ,-es anc the City of El Segundo Guidelines for the Implementation of the California a a Quality Act (Resolution 3805), and, HEaEAS e •-a c l; s= neduled and public noticed meetings of the Planning Commission of the City Cc:coer 22 1998 and November 12, 1998, duly advertised public hearings were - = a a' ,n the Council Chamber of the City Hall, 350 Main Street; and, vas given to all persons present to speak for or against the findings of — =- a ;,ssessmenl No EA -403A and ^ESE S E sa c neanncs the following facts were established 20 c? 140 of the El Segundo Municipal Code (ESMC) commits the City to "pre- _- = e a s, of public facility saes which can accommodate Major Wireless Communication es '•'•C F) with aporoval of a Wireless Communication Facility Permit (WCFP) This e2' is :J comply with that requirement -_ _cosec project is to "pre- approve' eight (8) public facility sites which can accommodate a o• anc,or Minor WCF The location, properly owner, type of allowable facility and allowable —ax -num height of each facility are listed in Table 1 belox I 3E1 -7A 0 2OG 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 utility- mounted Shall not exceed top of water tower I nicatign Tower at Fire Station a City of El Segundo utility-mounted Shall not exceed height e t Communication Facility of utility, d technically Station (348 Main Street) feasible It not technically feasible, an additional 15 teat o1 vertical height shall be allowed le at EI Segundo High School EI Seguntlo Unified wail- mounted Shall not exceed top of n Street) School District bell tower ICity Maintenance Yard (150 Illinois City of El Segundo roof- mounted, utility- 48 feet Screen mounted wall-mounted E i,gnt stanaaras at Richmond Field - City of El Segundo (light utility- mounted Shall not exceed top of middle scnool (615 Richmond Street) I poles only), El Segundo light standards Unified School District (land) - ° e S a, L'1 u2 (716 i E E. Segundo City of El Segundo roof- mounted, utility- 175 feet _ c i mounted wall- mounted C i tVesl Basin wafer Reuamalion Plant West Basin Municipal ground- mounted. utility- 142 feet i 575 r,.gnes wayi water DistnuN mounted, root- mounted, wall- mounted - - _z__ - °1c Pumc siaaon (223 Los Angeles County roof - mounted, wall- 34 feet, if technically mounted, utility- mounted feasible If not technically feasible, an additional 15 feet (vertical) shall be permitted = -'acil is oehned as a wireless communication facility that Is either ground- mounted a= z - :�ooie) or roof- mounted (I a situated on the roof of a building) but which exceeds e zt the Zone In which it Is located In A Minor facility is defined as a wireless c -, facmty which is wall- mounted (I a attached to a building's facade), utility- - E I e atlacned to an existing utility, such as a light pole) or roof - mounted (but which _ _ _ _ -- a zc= the height of the Zone in which it is located in) t.1 ,or wireless communication facility proposed on a "pre- approved" site requires _.a c' a VJCFP, which Is an administrative action, not a discretionary action. _ •ES ; and Sites G - H are located in the Public Facilities (PF) Zone and have a General P an land use designation of Public Facilities Site F Is located In the Urban Mixed -Use North r. N) Zone and has a General Plan land use designation of Urban Mixed -Use North. �aCihc Bell Mobile Services (PBMS) requested that the northwest corner of Main Street and lmoenai Avenue be Included as a Pre - Approved Site, however, due to unresolved land use res'r,Chons it was not Included on the list 2 40 Reso 2431 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 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. g The eight (8) proposed Pre - Approved Sites are available for lease if the property owner(s) deem appropriate. 10 The proposed protect is subject to the CECIA. 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 Env,ronmental Assessment No EA -403A, the Planning Commission finds as follows• AVIRONMENT ?L ASSESSMENT Tne 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 g,.cosed protect will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the CEOA; and, s :.ne- considering the whole record, there is no evidence that the protect will have the ar; al ror an adverse effect on wildlife resources or the habitat on which the wildlife _arenas oecause the protect is in a built -out urban environment, and, -e o a--ung Commission hereby recommends that the City Council authorize the Director arc Budding Safety to file with the appropnate agencies a Certificate of Fee _re—ci o^ anc De Minimus finding pursuant to California Assembly Bill (AS) No 3158 and the _a z-n a Ccoe of Regulations Within ten (10) days after receiving City Council approval, the c Zazunoc snail file the required certificate with the County of Los Angeles, along with the e_ _c N:;,.ce ct Determination As approved for in AS No 3158, the statutory requirements E vo,a no; be met and no vest nci snail occur until this condition is met and the required r _es ano tees are filed with the County =t' AND ZONING CONSISTENCY - Ge^e,ai Plan land use designation for Sites A -E and Sites G -H is Public Facilities and Ucan Mixed -Use North for Site F The General Plan goals, objectives and policies which re are to this protect are from the Land Use, Economic Development, Open Space and Recreation and Conservation Elements With regards to the Land Use Element, the following cone es support this project Policy LU1 -5 6, which requires that all development proposals comoiy with the City's Zoning Ordinance and the CEOA, 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 4+ Reso 2431 Y .1111 R� 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 o• .nvironmental Assessment No. EA -403A to the City Council, subject to the following conditions, z:ncr to issuance of building permits, the applicant shall receive administrative approval of a v1 reiess Communication Facility Permit (WCFP) from the Director of Planning and Budding Sa ery for any wireless facility proposed on Sites A -H. �^c, to issuance of budding permits, the applicant shall sign a lease agreement with the z;rocerty owner and provide a copy of the signed lease agreement to the Director of Planning -= Sa e•. If the wireless facility is to be located on City -owned property, the lease agreement c-ov:sions which refer to the cost for leasing the Pre - Approved Site, an _e s a cin_ ov the applicant that the applicant is responsible for paying the City Attorney's __= s c-ecanna the lease agreement documents, access to the Site (including emergency _e_s cca omrestoration provisions, and other provisions as deemed appropriate by the -__ess ;c S ies A (City Water Tower) and D (City Maintenance Yard) is limited to 7 00 AM - _ -, c 7 v.eei,cays There will be no regular access during weekends and City holidays e _e c. access will be subject to reimbursement for costs incurred by the City erooerry for Pre - Approved Sites A -H are non - exclusive The lessee : -.e wireless facility) sr a]! make the supporting structure of the facility available to = e, aC ++cant wishing to collocate to the extent it is technically feasible ss jarce of building permits for a wireless facility located on City -owned property, the ca-tt snau provide liability insurance to the satisfaction of the City Attorney c- to issuance of budding permits, the applicant shall submit plans which show compliance v:r,n the following design requirements Al The maximum height of any wireless communication facility to be located on Pre - Aparoved Sites A -H shall not exceed the maximum height allowed, as shown in Table 1, Paae 2, of this Resolution Reso 2431 42 .�� 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 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, reouired 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 6uildirtc Safety and the property owner It shall also be covered with a clear anti - graffiti (-z e, -=! of a type approved by the Director of Planning and Building Safety The City r-a, gran; a waiver of this requirement if the applicant demonstrates to the satisfaction the City that there is adequate security around the facility to prevent graffiti building permits for Site G [West Basin Municipal Water District ;n=_ aoDl cant shall provide the Director of Planning and Building Safety with written t-om WBMWD (property owner) that it has approved the building plans for the ----- e ess raclity The applicant snail contact Paul Schoenberger, Chief of Engineering = ce a :ns for the WBMWD at 17140 South Avalon Boulevard, Suite 210, Carson, CA 1310) 050 -6216, or another representative as authorized by WBMWD _ •ne issuance of a permit the apolicant shall submit to the Departments of Planning and Safety and Public Works a complete Construction Plan for review and approval The = a irclude but not be limited to construction hours, construction trader locations, _ = c: on and staging areas, construction crew parking, parkinglaccess plan (including truck esl construction methods and schedules The plan shall limit construction hours to a m to 6 00 p m Monday through Saturoay, and prohibit construction an Sundays and - '�7ays During construction, trash shall be removed from the Project Site on a daily basis. At — en. of each construction day, all open trenches shall be completely closed or covered, or sec:.reD in accordance with Cal OSHA standards All gates and access points to the cc ^srruct,on area must be locked and/or fully secured at the end of construction each day. The acDl ;cant snail provide a twenty-four (24) hour, every day contact person /liaison to receive and rescond to complaints during construction Reso 2431 n 43 U, v 9 During all phases of construction, the applicant shall comply with the City's Storm Water and l 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 snail 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. B-e ° Be' -aro AiCP Director _ _ -- c =_nc Buuoine Safety, and e _ c' the °lanning Commission 'zecunoo California _� can4e5 4 `t' Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California P \protects \400- 425 \ea- 403A \peres res Peso 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 90245 45 Page 1 of 13 i� 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 acmnistrative review and approval of a WCFP Table 1 Site Location Property Owner Types of Allowable Facilities - v.ater tower (400 Lomita City of El Segundo utility- mounted = communicaton tower at City of El Segunoo utility- mounted Station 1-1, future _z ^,m,unicaUOn a' Poi ce Station at nign scnoo) CI Segunoo Unified wall- mounted S, 1 I School District • antenance yard City of EI Segundo roof- mounted, utility- mounted, SJ II .nos St 1 wall- mounted s oa as at City of El Segundo utility- mounted - cro Feld - (hunt poles only), El (615 Secu ^co Unified St Sc�,c, Disvict (land) S,at,on g2 (2161 E I Gov o' Ei Segundo I roof- mounted, utility- mounted, S Seaunao Blvd l wall- mounted _ :.est Basin Water Wes; Basin Municipal ground- mounted, utility - 'ec'amation Plant Water District mounted, roof- mounted, wall - ?35 Huones Way) mounted - County flood pump I Los Angeles County roof- mounted, wall - mounted, s at on (223 Center St ) utilit - mounted Page 2 of 13 46 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. S'e C is the City s Maintenance Yard located at 150 Illinois Street. Surrounding uses include c` ces to the south and Chevron Park further south (across Ell Segundo Boulevard), a nursery c e nonheast, offices further east (across Sepulveda Boulevard), and industrial uses to the S _ = a e me 5 light standards located on Richmond Field at the El Segundo Middle School at Stree' Each of the 5 light standards are approximately 65 feet high. The a•ea to the north, west and south is predominantly residential, with a public pool, e a _ oark tc the immediate east _ = e Station -2 located at 2161 East El Segundo Boulevard Surrounding uses include -__s,,-,al research and development facilities to the south (Raytheon), vacant land m,xe" uses (hotel, recreational facility, corporate offices, etc.) to the north and a Avenue Corporate Center), and office and light industrial uses to the east The f.1=_ Rail Green Line station is located southeast and east of the site (across El _ __J e.a•c and Nash Street) Basrn Municipal Water District Reclamation Plant located at 1935 Hughes --e surrounding uses include a golf course and driving range to the north, a nursery to eo.ate east underneath the Southern California Edison power lines and light _s a, research and development uses (Raytheon) further east, a self- storage facility and _ .aroers (Federal Express) to the south and southeast, and the Chevron oil refinery to . _s• tacross Sepulveda Boulevard) e u is the Los Angeles County Flood Pump Station located at 223 Center Street __ _.;^,o,ng uses include residential to the north (across Grand Avenue) and west, a park (Wy)e ;_ the west and, small industrial uses to the south and east. Page 3 of 13 47 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 Saes 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 ,ZcT-riun.cahon Facilities) of the ESMC, requires that the City pre- approve a list of sties on e -e, pjtc1 c o- private property which would allow major, as well as minor facilities, with ccc o a of an administrative Wireless Communication Facility Permit (WCFP) as opposed to a c sc•e -ionary permit (i e , Conditional Use Permit). It a wireless facility is proposed on a Pre - aco•cved Ste, the facility will have to comply with all the requirements of Chapter 20.62 of the Comoliance with all the requirements of Chapter 20.62 will reduce any potential s ...th the General Plan and Zoning to below a level of significance. TABLE 2 5 Location i General Plan Designation Zoning Designation - - e• ;o:.er 1400 Lomita St) I Public Facilities Public Facilities (P -F) un canon tower at Fire Public Facilities Public Facilities (P -F) Sia•,cn -1 future 911 cc -7r7 un, cation facility at Station (348 Main St 1 at nigh scnool i Public Facilities Public Facilities (P -F) St I a,o (ISO luinois St 1 Public Facilities Public Facilities (P -F) r„ stancares at Richmone Public Facilities Public Facilities (P -F) = e - Middle School (615 I R c ^mond St 1 = Fire Station #2 (2161 E El Urban Mixed Use -North Urban Mixed Use - Seounoo Blvd ) North = odes; Basin Water Plant Public Facilities Public Facilities (P -F) 1935 Hughes Way) - LA County flood pump I Puolic Facilities Public Facilities (P -F) station (223 Center St ) ,• Page 4 of 13 in 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 Citys Zoning Ordinance and the CEOA; 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 -21, 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 cnaracter of existing neighborhoods and civic landscapes are maintained. Conformance with me General Plan is a policy issue which is determined at the discretion of the Planning Comm)ssion or the City Council if the aecision is appealed. The Zoning and Municipal Codes ,-:: r:)crate many requirements which will help to mitigate any potential General Plan conflicts. ' -e ceve�coment of wireless facilities on proposed Pre - Approved Sites A through H will not Bath any other policies or environmental plans, therefore, no impact is anticipated. e, development of wireless facilities on Sites A through H will not be incompatible with uses since the facilities are considered accessory structures, which would be approval of a WCFP Compliance with the City's General Plan, ESMC, _ Cnaoier 20 62 and the CEOA will ensure that the facilities' potential incompatibility .arc uses are reduced to oeiow a level of significance o` w.,reless facilities on proposed Pre - Approved Sites A through H will not affect rescu-ces since the Saes are located in urban areas developed with existing anc wnicn co not support agricultural uses In addition, development of wireless s Saes A through H will not disrupt or divide the physical arrangement of an ccrrmu^rty since the facilities would be located on existing structures or sites which = ev cusw developed with structures, buildings or facilities No impacts are _= e a ^p no mitigation is required cCPULATiON AND HOUSING _ _:sec protect is to pre- approve Saes A through H to allow the future development of - c major and minor, wireless communication facilities Since the facilities would be a--ec the oeveiopment and operation of the facilities would not result in an increase of the o- sucn that regional or local population protections would be exceeded; it would not -__e s csiantial growth, nor would it create a demand for additional housing. Furthermore, s -:e no nousing units exist on proposed Pre - Approved Sites A through H, the proposal would -- = sn,ace existing housing, especially atfordabie housing No mitigation is required Page 5 of 13 49 �1� 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 n:o areas, no impacts are anticipated and no mitigation is required. Accaraina to the Safety Element of the City's General Plan, the southwestern portion of the City := the coast (and adjacent portions of the City of Los Angeles to the north) are identified as se _ ^e and tsunami hazard areas, however, since none of the proposed sites are located in -e_e areas no impacts due to these natural hazards are anticipated. Site E, which is located •7e eas: of the City of Los Angeles Hyperion Wastewater Treatment Plant and about 3/4 mile eas• l,cm the coast is the closest Site to these hazard areas. However, it is above the potential -- � z a,ea therefore, no impacts are anticipated No mitigation is required. = =__e rre- ocoroved Site G is developed with a ground- mounted facility, minimal grading _ e e__ construct the facility, however, significant changes in the topography of the -as been previously graded and is relatively flat) will not occur, although some s e so may occur during construction However, sod erosion will be controlled with ___ __ _ = t -e City s Storm Water and Urban Run -off Pollution Prevention Control Ordinance _.c C -c. anc=_ w to this Ordinance will reduce the impacts of sod erosion from project es ;o ceiow a level of significance Sites A -F and Site H are not proposed to ^canted facilities, therefore, no sod impacts due to grading, excavation or fill will Pre- Approved Saes have oeen previously developed with structures and /or unique oeolz, c o pnys cat features exist on any of the sites, therefore, _ cue geologic or physical features are anticipated As stated above, none of _ s a e ocateo in areas that have the potential for seismic ground failure and liquefaction, e _,e tre oossibility of land subsidence is remote and no impact is anticipated some areas located at the norineast corner of the City (south of Imperial Highway Av,at on Boulevard, east of Nash and north of El Segundo Boulevard) have been e lea as having expansive sods (specd cally Montezuma Clay Adobe), however, only Site F s v_, n trrs area and the types of wireless facilities proposed for Site F (wall -, roof- or utdity- -•ec tacd(ttes) will have no impact on the soil of the site Therefore, no impacts due to __�-s ve sods will occur on any of the proposed Sites None of the Sites are located on or ea r lis oes therefore, the potential for landslides or mudflows is non - existent. No mitigation Page 6 of 13 50 S 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 v,ater related hazards on any of the Sites is considered remote and no impacts are anticipated. I1 proposed Pre - Approved Site G is developed with a ground- mounted facility, minimal grading v,ould be requ.red to construct the facility, however, runoff from the site would be controlled by roi,ance w to the City's Storm Water and Urban Run -off Pollution Prevention Control C-c, -ance (No 1235) such that there will be no soil discharged from the site into surface waters s-z:h that no changes in the amount of surface water could occur. Development of wireless a_ • es on Pre - Approved Sites A - F and H will not result in discharge into surface waters or c -_ -^ °s iq the amount of surface waters since no grading is required to install utility- mounted, „_rated or roof- mounted facilities. c• Saes A through H will not cause changes in water currents or the course or _ v,a•e• movements since none of the Sites are located on a water body. Site E is e cc•ox�aiely 3/4 of a mile from the Pacific Ocean, however, due to the nature of es as communication systems, no impacts to water currents or the course or _ movements is anticipated No mitigation is required =e4 , C &:es A through F and Site H will no: affect the quantity or quality of ground s -_e :-e :goes of wireless facilities proposed on these sties will not involve any type of _, suc as grading or excavation Although Site G could accommodate a ground- - .-rae no that wouid be required to construct the facility would be so minimal c7 impact ground water quality or quantity or any other impacts to groundwaters a- ,:,apatPd and no mmoauon is required AIR QUALITY - - -e co -)st,uction phase of Sites A through H, a less than significant amount of criteria s and or odor may be dispersed into the air This might be due to the delivery of _ materials, travel by construction workers, and /or application of architectural -_s other budding materials, such as paint or other weather - proofing chemicals. _ _ -=_,mere, ,' Site G is developed with a ground- mounted facility, minimal grading may result ve construction dust, however, due to the small scale of the project [the threshold of _ e_-: a, s,gnficance for air quality (as determined by the SCAQMD) during construction begins a c-2 033 square feet of gross floor area and a ground- mounted facility would have zero gross Page 7 of 13 5i �S 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 trios that would result, a less than significant impact is anticipated and no mitigation is required. Funnermore, the project is not anticipated to create a hazard for pedestrians or bicyclists, since rres• of the facilities will be mounted to tall structures such as roofs, walls, utilities or possibly a •- cncoole wnich will be too high to affect pedestrian or-bicycle access Moreover, the protect v not conflict with policies supporting alternative transportation, nor would it have an impact on -a v,ater or air traffic No mitigation is required. :�e.e cc -ten• of wireless facilities on Pre - Approved Sites A through F and Site H will not create tc saiety from design features since the facilities would be located on existing s __ --es s_cn as utilities, walls or roof -tops, which will have no impact on on -site or off -site Pre - approved Site G, if developed with a ground- mounted facility, would also have _ cac e^ nazaros to safety since the facility will have to receive the appropriate WCFP, as c ng permit, and will be reviewed for its compatibility with existing uses and as ..e' as for its impact on -site circulation No mitigation is required. Saes A through H are publicly and privately owned and access to each site will -ec e,. the terms of the lease agreement that each vendor enters with either the City o =env owner The Public Works Department has indicated that access to Site A a e tc..e•i and Site D (City maintenance yard) will be limited to 7 :00 a.m - 3 00 p m - - -e "_er, and that no access wiu be available on weekends and City holidays, and that a-ess v:dl -e subject to re moursement for costs incurred by the City Agreement the lease regulating access for Sites A and D, as well as for the other Pre- -__ _.ec S tes will reduce the potential for inadequate emergency access or access to nearby ce,cw a level of significance Furtnermore, since the wireless facilities proposed on Pre - -_c ec Sees A through H would be unmanned, they would not generate a need for additional _= ane no impacts to on -site or off -site parking will occur BIOLOGICAL RESOURCES c the Sites have previously been developed and are located in urbanized areas where no _-c_n?erec, inreatened or rare plant, animal, insect, fish or bird species are known to exist. e El Segundo Blue Butterfly habitat is located north of the City of Los Angeles Hyperion Page 8 of 13 52 �� 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 confect with adopted energy conservation plans, use non - renewable resources in a wasteful or r=-ft-vent manner, or result in the loss of availability of a known mineral resource. No mitigation is •ec_j red 9 HAZARDS ^,;rng the construction of the wireless facilities, a less than significant amount of hazardous ,__s•ances may De dispersed into the air due to the application of architectural coatings, paint _ ::eatne(- proofing chemicals However, due to the small scale of the construction of the e es_ az l res no mitigation is required or Pre- Approved Sites A through H will not interfere with the City's adopted Cae-at,ons Plan (EOP) Although Sites A, B, D and F are located on City -owned ;-e ceveiooment or operation of these facilities will not affect emergency procedures ;aceit es would be mounted to existing utilities, walls or roof -tops. Furthermore, the = e_= ;ac)ir es would coerate under a Federal Communication Commission (FCC) assigned e _, _r1cv v,nicn is different from the radio frequencies used by fire, police or other safety- __ aze ^_es therefore, operation of the facilities will have no impact on the City's resconse or evacuation procedures no Known nazardous substances on Saes A through H, therefore, the development of e ess ;ac,et es on these Sites would not expose construction workers or maintenance workers a^ existing sources of health hazards during construction and operation of proposed e _Ss communication facilities No impacts are anticipated and no mitigation is required _e e =ent of the wireless facilities on Saes A through H will not result in an increase of fire since the potential for wildland fire hazards are low since the City is located in an _,:ca--ized environment where hazards to fire safety stem largely from industrial facilities using =• -e amounts of flammable or toxic materials, high -rise buildings, public gathering places, older with substandard electrical and heating systems, and residential neighborhoods e,soersed with untreated wood shingle roofs (Safety Element of the General Plan). As shown Page 9 of 13 53 $ 1 027 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 Hallow, 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 negugible, therefore, no potential impact is anticipated from the operation of the facilities No m joauon is required 11 PUBLIC SERVICES D =_� e cc^nent of the proposed facilities on Sites B and F will have no impact upon or result in a mee, c, new or altered fire protection services, even though these two sites are on Fire Station e' arc' Fire Station °2, respectively The wireless facility on Site B would be utility- mounted to a- existing communication tower and the facilities on Site F would either be utility -, wall- or roof- _. Similany, development of utility- mounted wireless facilities on the future 911 on facility which would be located at the Police Station will have no impact on _ _ _- _ ----- es o services Furthermore, wireless facilities do not operate under the same radio - es as c•ne, salety- onented agencies, therefore, the emergency response system of e =-c Po: ce Departments would not be affected Similarly, no impact to the High School = _ - f•orn Ine development of a wireless facility on Site C since the facility would be --- - _-- _c a -1c v ab- mounted facility to the bell tower In addition, no impact to the maintenance __ _ ,ac s,i es is anticipated from the development of a wireless facility on Site D (the City ^. i since the facilities would be unmanned and roof -, wall- or utility- mounted ___• ,c aner governmental services are anticipated due to the development of wireless S :e A through H No mitigation is required UTILITiES AND SERVICE SYSTEMS c• natural gas, would be required to operate the wireless facilities on proposed Pre- -_ _ ec Saes A through H Development of the facilities would not result in a need for new or systems and no impacts are anticipated since all of the Sites are developed - s •.,c;j•es whicn currently utilize electricity __ --necnons to pnone lines will be required to develop these facilities, however, phone service s _ -rently available on or near Sites A througn H Site E, which are the 5 light standards on ion_- Field, will probably require a new phone line, however, phone lines are readily ,i a laoie from the nearby City pool 54 Page 10 of 13 M 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 soil 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 ce_ve =_rnent of proposed Sites A through H will not impact a scenic vista or scenic highway s -~ce -cne exist within the City of El Segundo The development of wireless facilities on Pre - Ac_-rovea Saes A through H will not create light or glare since the facilities would be d m Hated and would be required to be painted to match the color of the buildings, walls or es in which they would be attached to _e. �, -ament of wireless facilities on proposed Pre - Approved Sites A through F and Site H will -_ e a cemonstrable negative aesthetic affect since the types of facilities proposed (i e., rco'- mounted) will be painted to match the existing color of the building (if it is a a antenna), will be screened from view and painted to match the color of the r _ s a roof- mounted facility), or will be attached to an existing utility and painted to = co,_-', of that utility Compliance with Chapter 20 52 of the ESMC, which regulates the _ - e_.j rements and guidelines for wireless facilities, will reduce the potential aesthetic = these facilities to below a level of significance e s ceve, coed with a ground mounted facility, the facility will have a less than significant aes•neres for several reasons th=_ Site contains several tall structures which would - _ •-asp the visual impact of the fac City there are three existing ground- mounted facilities -=_r the facility which are Aar, of the existing visual urban landscape; and, the Site is an inoustrial area where no res oenual views would be impacted Nonetheless, if Site _ e _oes with a roof - mounted facility the facility will be required to be screened from view c sc,een painted to match the color of the existing building or structure; if it is developed , a - mounted facility the facility will be required to be painted to match the color of the _ cjne :ng wail(s), if it is developed with a utility- mounted facility. the facility will be _ •ec to be painted to match the color of the existing utility structure(s); and, if it is developed a around - mounted facility the facility will be painted to match nearby existing tall structures _�-ro iiance with Chapter 20 62 of the ESMC which regulates wireless facilities, will reduce the e it,al negative aesthetic impacts of these wireless facilities on proposed Pre - Approved Sites ;�rcuan H to below a level of significance 55 Page 11 of 13 110 028 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, building, 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 protect is not expected to alter the existing residential population since no residential development is proposed Development of wireless facilities on proposed Pre- Aooroved Sites A through H will not generate a demand for additional neighborhood or regional narks or other recreational facilities since the facilities would be unmanned No =ors required 16 MANDATORY FINDINGS OF SIGNIFICANCE r=csed crciect does not have the potential to degrade the quality of the environment and a�- eve short-term goals to the disadvantage of long -term environmental goals. There c _ _ =_==able ne0at ve cumulative impacts or any impacts that will have an adverse affect S_C710N 5 0 SOURCES a S .,d,, Wl reless Communication Facilities), Environmental Assessment EA -403, :_ = e 2: an Amendment GPA 97 -2 Zone Text Amendment ZTA 96 -3, May 1997 B,ue Butterfly Drati Recovery Plan E Sec.,noo General Pian Hills Coordinate-- Antenna Plan Initial Study for Cox Communications, of E( Segundo staff reports EA -429 EA -433 and EA -437 _cs Angeles County Flood Control District Hydrology Manual P \protects \400 - 425 \ea403A \is Page 12 of 13 56 1T 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 Transportation /Circulation Enter into a lease agreement with the property owner which contains provisions for access and emergency access onto the site. Noise Zz ,o -v v.,th Chapter 9 06 Noise and Vibration Regulations, of the El Segundo Mun cioai Coae �esthehcs —z ", wi-) Chapter 20 62 Wireless Communication Facilities, of the El Segundo t .., c z Coae Page 13 of 13 57 91 029 r R 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 BACKGROUND 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 IJ E- Project Locations Site I Location Property Owner I 'tvm of Allowable Facilities A I water cower ia00 Lomna Sl 1 Gtv of El Segundo I utility- mounted B communication tower at Fire Station e1 City of El Segundo util"ounted and future 911 communication taoliy at I Public Facilities Public Facilities (P -F) Police Deoartrnem 1348 Main Street) tie mwar at neon scnool f640 Ma1r S1 I Public Facilities I C I bell tower at nwn school (140 Main St 1 of Seduntlo Unified School Drslnet I wall- mounted C City maintenance yard (150 Illinois SL) Cry of EI Segundo roof-mounted, utillly-mounted, wall. I Public Facilities mounted E slandares at Ricnmond Field - city of Et Segundo (light poles only); ttbiity- mounted G 11.gn1 m aaie s moor (61 S Richmond SL) S Segundo Unified School District Public Facilities (P -F r .A Counry rood oumo station 1223 Censer 51 llanM Public Facilities P -F Ric Stacon 82 (2161 E Fl Segundo City of EI Segundo mot - mounted, uuliy- mounted, wall - 6.v„ I mounted Wes. Basin Water Reclamation Plant West Basin Municipal Water District ground- mounted, utility- mounted, root- Way) mounted. wall- mounted Lc„^-, rcoe pump ration (Z23 I Los Angeles County I root - mounted, wall- mounted, utility- Ce —e• S' ) mounted Project Sponsor's Name and Address City of El Segundo, 350 Main Street, El Segundo, CA _:,245 General Plan and Zoning Designations She Location I Genera( Plan Designation zoninq Designation 1, a e• iower 1400 Lomna St I I Public Facilities Public Facilities (P .F) E Communication tower at Fire S(alion x 1 1346 ., Ma 511 I Public Facilities Public Facilities (P -F) - tie mwar at neon scnool f640 Ma1r S1 I Public Facilities Public Facilities 1P -F) 0 1 C1ry card (150 Illinois St I Public Facilities Public Facilities P -F c Irgnl stanoa'as at Richmond Field - Middle School 1615 Richmond Sl ) Public Facilities Public Facilities (P -F) I cue Slanon e2 12151 E El Seounoo B1vo 1 Urban Mixed Use -Norm Urban Mixed Use-North G . W es; Basin Water Plant (1935 hudnes W avi I Public Facilities Public Facilities (P -F r .A Counry rood oumo station 1223 Censer 51 1 Public Facile Public Facilities P -F 58 1 94- n10 T. Deseriptional Project ( Osseabethewftoleacrionhwrvedixp+§ rgeurrat6nitedto�aterphasasdtltsprotiect and arty secondary, support, or oA=sde features necessary for its imprememaiMim Attach adddranal sheets d 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, root - 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 . . Surrounding Land Uses and Setting ( Bneny describe the project vsurroundings) [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 Airport/South Bay sucredion The City of El Segundo is situated between Los Angeles International Airport to the norih, 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., permits, financing approval, or a;,eemeni) Building and Safety Division, Fire Department, Public Works Department, cearon and Parks Department , El Segundo Unified School District, West Basin Municipal D,s•ric', Los Angeles County Public Works Department (Real Estate Division) .. _ .'.',FNTAL FACTORS POTENTIALLY AFFECTED . ^cnmental factors checked below would be potentially affected by this project, Involving at least one , —:3_ ;nat is a -Potentially Significant Impact' as indicated by the checklist on the following pages - :;.e-n s �-scc ^aaon,�Cvculauon 59 Biological resources Energy and Minerai Resources Hazards Noise Mandatory Findings of Significance qs Public Service Utilities and Service Systems L Aesthetics Cultural Resources Recreation Ill. DETERMINATION: �AF% fOin the basis fo to of this Initial Study of Environmental Impact, the planning Commission of the City of El Segundo That the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. >!L 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, if the Impact is `potentially significant impact' or "potentially significant unless mnlgated . An ENVIRONMENTAL IMPACT REPORT is required, but it must analvze 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 ehecl in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pi,suant 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. / -)L, 5re' a• AICP D rec'o iC P;nmg a Se_•e•a-. c e Plan GN of El SeounOo Sd Building Safety ing Commission • ZS S�YTfi16FX 19 re �� 031 IV. ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets). Potentially Significant Potentially Unless Less Than SUES (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 jurisdiction over the projects c) Be incompatible with existing land use to the X vicinity° d) Ahect agricultural resources or operations (e g X impacts to sails or farmlands, or impacts from incompatible land uses) e) D'sru•pr or divide the physical arrangement of an X estaol sned community (include a low- income or r^ nor,:v community)9 Population and Housing Would the proposal, tl Cu— ulahvely exceed official regional or local X cc: 'aro projections? s_cs•ant•al g•ovrth in an area either X _ ec•ly (e g , through projects In an e = :::ez area or extension of major ex sir; housing especially affordable X , _ _ - _ Z Problems Would the proposal result in or :e_ :e ': potential impacts involving X _•ound failure, including hquefaclion'� •s_-am, o, volcanic hazard? ces c• mudllows1 _•a,o^ changes in topography or unstable soil —cn ons from excavation, grading, or fill? __aoence o` the land? s;�ans,ve Solis') Un zie geologic or physical features? 4 97 X X X X 9 X X X sz j 9$ / 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 to absorption rates, drainage patterns, 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? t) Change in the quality of ground waters, either X ;hrouon direct additions or withdrawals, or t^•a.,cn interception of an aquifer by cuts or eXCa,.atlons or through substantial loss of o;nowater recharge capacity? g) Altered direction or rate of flow of groundwater? X h, h,pac's to groundwater quality') X I' 5_-> .- a' red.:cuon in the amount of X e• c•ne� ise available for public water Ine proposal a - d_a1,ry standard or contribute to X • c•c,ectec air quality violation? _e-s ,,�e receptors to pollutants? X = e e moisture or temperature X a-, --a---es in climate? _= e: cradie odors'! X ^a1,on,'Crrculation Would the proposal ___ec �emcle trips or traffic congestion? X a cs to safety from design features (e g , X s-3—. cirves or dangerous intersections or oie uses (e g , farm equipment)? - aoecuate emergency access or access to X nea ,jy uses? 1- s�"icient parking capacity on -site or off•srtO X sz j 9$ / 6 63 99 Potentially r r Significant r 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? i X 7. Biological Resources. Would the proposal result in Impacts to a) Endangered, threatened, or rare species or their X habitats iincluding, but not limited to, plants, hsh, insects, animals, and birds)? b) Locally designated species (e.g., hentage X trees)? cl Loca0v desienated natural communities (e g , X caK forest, coastal haoitat, etc )? C, V. elland habitat (e g , marsh, riparian and X vernal pool)? ' e) o le d,soersal or migration eomdors? X -erg} and Mineral Resources. Would the a "- = v. -, ac--p eo energy conservation X ewe+ aC,e •escurces in a wasteful and X Ibss cf availabilrty, of a known X = es: ✓ce Ina, would be of future value to -e z- c- ar•c the resicents of the State? - = =z cs V. c c the o•cocsal involve a-- i e^ at explosion or release of X s ^s,a ^ces (including, but not limed _ ___ :::es cnem cats, or radiation)? e ,^ e-e,ence with an emergency X e -__-se p-an or emergency evacuation plan? --e CreahOn of any health hazard or potential X 'ea Ir nazardl xces, re of people to existing sources of X ;C,ent,al neallh hazarps? Ircreased fire hazard In areas with flammable X c sn, grass or trees? 6 63 99 64 1 Apo 033 Potentially P" Significant r Potentially Unless Less Than FSources) and Supporting Information Significant Mitigation Significant No Impact Incorporated Impact Impact oise. 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 to a need for new or altered government services to any of the following areas. a) Fire protection? X b) Police protectlon7 X X c) Schools'? d) Maintenance of public facilities, including roads'2 X el Other governmental services? X 2 Utilities and Service Systems. Would the proposal result in a need for new systems or su0olies, or substantial alterations to the following utilities a) Power or natural gas? X canons systems X X onal wale- treatment or distribution _ 5= e c seadc ta�ks� X csoosal7 X :_: _ .ec o-a: ware suopl es� X 4 @s•h =tics P: cul� the proposal I i z vista or scenic highway'? X a ce—cnsrrable negative aesthetic effect') X - ultural Resources Would the proposal D svrn paleontological resourceso X s;,: archaeological resources X After: historical resources? X Have the potential to cause a physical change X v,rvch would affect unique ethnic cultural 64 1 Apo 033 A ANALYSES Earlier analyses maybe used where, pursuant to the tiering, program EIR, or other CEOA =_e_= cne e• more ehects have been adequately analyzed in an earner EIR or negative declaration Section In this case a discussion should identity the following on attached sheets: Earlier analyses used, Identify earlier analyses and state where they are available for review Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and a:: ez .ately analyzed in an earner document pursuant to applicable legal standards, and state whether such effects we,e addressed oy mitigation measures based on the earlier analysis ,.litigation measures For effects that are 'Less than Significant with Mitigation Incorporated,' describe the 8 65 )DI 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 opponunities7 X 16 Mandatory Findings of Significance. a) Does the project have the potential to degrade X the duality of the environment, substantially reauce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a pant or animal community, reduce the number rest,,-_' the range of a rare or endangered o ail or animal or eliminate important examples _ c' t-,=- ma;or periods of California history or _- s'oryM Cces :ne p•o;ect have the potential to achieve X .c re c.saovantage of long -term, =-e -:a cca,s� _ _ _ _ -_ c _ ct have impacts that are X cut cumulatively considerable' '-e nc,emental effects of a project s - __ -s ce•a , e when viewed in conjunction - ' e e" ec s o' pas' projects, the effects of _.,--e-' cro ec•s and the ehects of o-o,ects ) nave environmental effects X case s„bs;antial adverse etle-cis on —= ce -cs e,'ner directly or indirectly" ANALYSES Earlier analyses maybe used where, pursuant to the tiering, program EIR, or other CEOA =_e_= cne e• more ehects have been adequately analyzed in an earner EIR or negative declaration Section In this case a discussion should identity the following on attached sheets: Earlier analyses used, Identify earlier analyses and state where they are available for review Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and a:: ez .ately analyzed in an earner document pursuant to applicable legal standards, and state whether such effects we,e addressed oy mitigation measures based on the earlier analysis ,.litigation measures For effects that are 'Less than Significant with Mitigation Incorporated,' describe the 8 65 )DI mitigation measures which were incorporated or refined from the earlier document and the exter *?Ri; tw, address site - specific conditions for the project. f ss y /oa projectslea- 403a1envchk D] 1:1 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE August 26, 1998 TO Hanna Bowen Contract Planner FROM Bellur Devaraj"' Q 4rEity Engineer SUBJECT Wireless Facilities in response to your recent request, the C,ty Water Facility at 400 Lomita Street and the Maintenance Facility at 150 Illinois Street may be included as candidate sites for Wireless =acd ues under the following conditions Aocl cart 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. : ccess to the sites shall be limited to 7 00 a.m to 3:00 p.m. on weekdays There will be ,o regular access during weekends and City holidays Emergency access will be subject = e mcursement for costs incurred by the City. -,e a oncan: snail submit drawings, etc , for approval by the Public Works Department - -- -cement s.nall not limit the City from entering into agreements with other vendors with -- a• lec:ests -u:)hc works Department will have the nght to require the applicant to remove the _ ess =acd iies and to restore the site to its onginal condition after giving ninety (90) ca.s c, ce _ a., , •, su•a ^ce shall be provided to the City Attorney's satisfaction ........................... I ...... .............. _ Ec Schroder Director of Public Works Jack Hilton General Services Manager 5oboy Joe Green, Water Supervisor 67 JO* 0 35 El `sgundo Unified School . strict 641 SHELDON STREET • EL SEGUNDO, CALIFORNIA 90245 (310) 615 -2650 • FAX(310)640.6272 5+ 9 �gg9 July 21, 1998 t Nis Hannah L Brondtal Bowen Contract Planner C,n Of El CommLio Plaruune and Building Safety Department 250 plain Street El Segundo. CA 90245 P,= «ueiess Communication Facilities in the City of El Segundo D��- %Is Brondtal Bowen to �— receipt of your letter dated July 10, 1998 El Segundo Unified School District is -= to accommodate your request to include the high school bell tower location as a s„t ror a �%ireless communication facility in the City of El Segundo. One �2 . ou- letter IS that permission for any installation would be subject to review a• o� ooth the School District and the City of El Segundo _.....:r dour lener the scnool s appearance is very important to us as we 2-,s to the beauq of our City We appreciate that there will be design _ • _ na, % sual impact is also of concern to your department :o },eep us informed as to the status of this project _ o o' Business Services D• %l illtam J Watkins S.penniendent 68 led ca /.•(i /c /.,- r•r•.�� . /urn/ �rnrl /l ccn�nruai y rrr/ /ale c�lv�wna %a�aiie� tnuticnnren / /�¢!/fx/eaivi ed�.e¢le�,!�reiivaliae. All HARRYw STON%OtrtcWr September 3, 1998 CvUNTY OF LOS ANGELiLS DEPARTMENT OF PUBLIC WORKS 900 SOL H FPMAONT AVENUE ALIL&MBRA. CALIFORNIA 91303-1331 Telephme (626)158 -5100 Ms Hannah L Brondial Bowen Project Planner City of El Segundo Planning and Building Safety Department X50 Main Street El Segundo, CA 90245 -0989 Dear Ms Brondial Bowen EL SEGUNDO PUMPING PLANT - INFORMATION SEP 14 1998 ADDRESS ALL COR=PONDENCE TO P.O. BOX 1460 ALFiA111BRA. CALIFORNIA 91803.1460 IN REPLY PLEASE REFER TO FILE MP -2 vde acoreciate the City including the El Segundo Pumping Plant on its map of potential s •es ' wireless communication facilities The Flood Control District will require all a_. .a- s t-- submit plans for approval, apply for a construction permit, and enter into a Enclosed for your information are copies of our standard Rental e. = a a oermit application Additional provisions maybe included in the Rental e= .c accommodate concerns of our operating Divisions aoclro�al information, please call me et (626) 458 -7072 yours __._Cv I••, STONE _- Z c �-_Diiz 1Norkb =, -YN: ROTHMAN, Senior Real Property Agent �, salon & Revenue Properties Section Property Management Division = __•-3R32 Win: 69 /0(0. 036// t /L� 1 COMMUNICATIONS LICENSE AGREEMENT This LICENSE AGREEMENT (:'Agreement's is entered into between , a company ( "Licensee "), and the City of El Segundo, a municipal corporation ( "Licensor') this day of .1998. WHEREAS, a Licensor is the fee title owner of that certain real property located at in the City of El Segundo, California, APN # , wluch is acscnbed more particularly in Attachment A hereto, which description is fully incorporated nerei- b} 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 for physical access and utilities, as depicted ui Attachment B hereto which is fully c s =d herein by this reference ( "Premises "), c Licensee desires to use the Premises for the installation, maintenance and o. Licensee's communications equipment, including antenna and appurtenant antenna s _oco- stn:crurets), poles, dishes or masts, radio frequency transmitting and receiving _ _ —_- o,7man, back -up and temporary power units, interconnection equipment, equipment lines, conduits, pipes and accessories as more particularly desenbed _ s Agreement (collectively, "Communication Equipment ") Licensee's initial plans -, Ia %on of Communication Equipment and construction of related improvements .es is aeoicted in Attachment C and fully incorporated herein by this reference. A -- _- c i -e Co-nmunicanon Equipment, including the proposed frequencies and c "e --eranon is provided in Attachment D and fully incorporated herein by this L censor is u illing to mai.e the Premises available to Licensee, subject to the cor,c::ions neretnafter set fors on a non - exclusive basis, in order to facilitate the -cc-�% deployment of communications facilities in the City of El Segundo. AGREEMENT THEREFORE, in consideration of the mutual benefits accruing to the parties as reretn and for other valuable consideration the receipt and sufficiency of which is _ ou iedged, the parties hereto agree as follows I Grant During the term of this Agreement, subject to the terms, conditions and _- c ;;s set forth herein, Licensor hereby grants to Licensee, on a nonexclusive basis, a license D .a_ Inc Premises for the purposes permitted in Section 2 70 /O8 037,, 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 written aooroval in accordance with Section 6 of this Agreement. (c) Licensee shall at all times, at Licensee's sole cost and expense, install., one: ate maintain, repair, and remove the Communication Equipment in accordance with all ao iicaole federal, state and local laws, codes, ordinances, rules and regulations (collectively, s"), and shall obtain all necessary governmental licenses, permits and approvals =r %e;}, "- kppro%al ") required to install, operate, maintain, repair, and remove the C=_.---^ Caron ccuipment Term (a) The initial term of the license granted hereunder ( "Term') shall commence _ _merit Date and continue for a period of years thereafter. For _-ee^ient, the "Commencement Date" shall be the first to occur of (i) the first —c-:- edr:n2 A nich Licensor approves the Final Plans pursuant to Section 6(a) herein, _ ^s are- the date of this Agreement as first set forth above Licensee shall give -_ -2 ce-so- upon commencement of installation or construction relating to the This License snail not be revoked or terminated except as expressly 1 = Licensee shall hat e the option to extend the Tears, on the same terns and ss icr, : in this Agreemen: for up to successive terms of years Dro`• ided tnat Llceasee shall notify Licensor in writing of Licensee's iris .Agreement at least 90 cays prior to expiration of the Term or the then- = a Terri as the case mad oe \orA ithstanding the foregoing, Licensee shall not to e \tend the Term hereof, and any notice by Licensee of its intention to extend 5"a!1 oe of no effect, at art% time %% her, Licensee is in default under this 71 10 9 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 Tetra, 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 poR,on of the License Fee shall occur only as required under Section 9 below. Most- Favored Nation Clause Following the execution of this License if Licensee enters into a License Agreement or similar lease agreement for the use of -_,open} for antenna purposes with a similar municipality in the region which agreement c_ -,c ns financial benefits for such mtuucipaliry that are substantially superior to those in this agreement, the Licensor shall have the right to require that Licensee modify this License <_--e ti— c:,L to incorporate the same or substantially similar superior benefits. For purposes of similar municipality in the region includes any municipal governmental entity o, e- a population of one hundred thousand (100,000) or fewer in the Counties Oran ge, Riverside, or San Bernardino - --o% ement Installation Early Access a Final plans respecting installation of Communication Equipment and aged oh�sical improvements to the Real Property ( "Final Plans ") shall be s soie cost and expense and submitted to the Licensor for its written installation or construction of Communication Equipment on the Real - - -_ °:a ;s shall be in a form and oro%ide such content as may be reasonably required Final Plans shall, at a minimum describe the specific location of all o- Lquipment and construction of all related improvements, including any and all sucn as an emergency or back -up batten', transportable generator power, communication c se to connect the Communication Equipment and the minimum point of entry o; otne- point of presence of the telephone service provider at the Real Property. (b) Following execution of this Agreement and prior to the Commencement _: "sor shall reasonably accommodate Licensee and its authorized agents with respect to _ onto the Premises for the purpose of making inspections and engineering surveys and other _ _ z, c analyses to determine the suitability of the Premises for Communication Equipment, a -- to oe� elop Final Plans, provided, however, that Licensee shall comply with any and all of ,re notice requirements or other limitations regarding access set forth m Attachment E hereto and a io, 2 -3- tiL 77 110. ��38 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 an% 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 Commuication Equipment, or any part thereof to a different place on the Premises, separate written approval from Licensor resnezting such relocation shall be required Any such relocation shall beat Licensee's sole cost ,. e�nerse (e) Licensee shall, at Licensee's sole cost and expense, perform all work t o p repare, add, maintain and alter the Premises for Communication Equipment in a..3- za_nce %� ith the Final Plans All construction and installation work shall be performed in a Reoc z,e workmanlike manner by Incensed and bonded contractors, and in accordance with .. - . -- _ ' av s 41l such contractors shall maintain insurance in such amounts, against such _ - s__r ;o=s as Licensor shall reasonably require, including the addition of Licensor _ _ —__ ec as set forth in Section 12 herein Licensee shall be required to separately s,npro,,als respecting such work by the appropriate governmental entities ( i Licensee acknoA ledges that neither Licensor nor any agent of Licensor re:)-eseniation or warranty with respect to the condition of the Premises or the Real - I , ; esnec to the suitability of ether for the conduct of Licensee's operations The =f- _ o: am consrmcuon or installation shall conclusively establish that the Premises e acceptable to Licensee and are in a satisfactory condition C)7e -anor Collocation Regulations i a i Licensee shall comply with all Laws in designing, locating and operating — _-,za;,on Equipment, including but not limited to Chapter 20.62, "Wireless - _ z: -on Facilities," in the El Segundo Municipal Code, and those laws and regulations _ zi e nog% or may hereafter be promulgated by the Federal Communications Cornrnission ::,--C7 i Licensee shall upon request at its sole cost and expense produce evidence of such (b) In addition to any tests that may be required by the FCC, Licensee shall on is oasis and at least ( )rime per year, perform reasonable tests at its sole cost eLoense to eemonstrate that all applicable FCC regulations governing the emission of -4- 73 II 1 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 itnual 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 anytime 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 tune limits and other standards of approval for eouesis by third party communication providers ( "Other Carriers ") to collocate on the Premises c- Real Prooem, as set forth to the Collocation Rules, including but riot limited to, the following Responding in writing to a proposed Other Camer'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 objection 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 in conditioning any approvals of a proposed Other Carver's plans and specifications i e Tne Communication Equipmen: and Licensee's use thereof shall not «iin (1) anv communication equipment, computer equipment or similar c am i.ind and nature owned or operated by Licensor at the Real Property, or (2) any c:..ion'equ,nmerit or use at the Real Property which is authorized by Licensor and D".ec in accordance with the Collocation Rules by an Other Carver In the event that the _ =z :roc Eeumment as installed and configured results in material interference with SO, o- any Oiner Carver, then Licensee shall immediately terminate such interference M Licensor shall, with respect to any license or other agreement entered into _ e ^so- u ith an Other Carver after execution of this Agreement that authorizes the z .ation of communication transmitting equipment on the Real Property, include aprovismon i 1 ) prohibits such Other Carver from interfering with the communications operations of Co `municanon Equipment as it is then configured, and (2) requires the Other Carver to comply �\ it,, all the provisions set forth in the Collocation Rules in designing, locating and operating its 13 ic,1 74 -5- 110. 039 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 to 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, n enr-�-four (24) hours per day, seven (7) days per week, subject to the provisions of this Section Licensor hereby grants to Licensee such ri ghts of ingress and egress over Licensee's Real Propem and other applicable easements held by Licensor for the purpose of access from the tie est public nght -of -way to the Premises as maybe necessary and consistent with the use of ^e premises authonzed by this License Agreement and specifically delineated in the Final Plans e-see stall oe accompanied by City personnel at all times upon the Premises as provided in �, ccr er.t E hereto in accordance with the Licensoe's emergency procedures. Licensee shall ine n_lit to install a lock box for keys or access cards on Licensor's Real Property as o% Licensor Licensee shall pay for the cost of lock boxes and all additional keys and cz- cs ana snail return all keys and cards to Licensor and remove all lock boxes upon expiration _ -- -a::on of this License Agreement (i) Subject to such reasonable rules that Licensor may in its discretion from e es,ao;ut'- Licensor shall allow Licensee's employees, agents, contractors and - hicles in the parkin_ spaces identified for such purpose in Attachment =_ -_es s ^a i oe used only to the extent necessary for Licensee's authorized use of the s o o i ec rt —uneer a° occ :o- of Communication Eguioment For purposes of this Agreement, "Public Project" shall mean any lawful c _cog a gnrritnt, or width of any public street, way, alley, or place, including but not _ e•corstruction of any subs%ay or % iaduct, that the City may initiate, either through recv,eiopmeni agency, community facilities district, assessment district, area of --:),- -se-nent agreement, or generalh aoplicable impact fee program. (o) Licensee shall remove or relocate any Cominumcation Equipment _ .ez used, or maintained under this License at Licensee's sole cost if and when such = c- relocation is made necessary in the determination of the Licensor for any Public �1111eZ 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 r,\ s cai field work on the removal or relocation within days after written notice from = :�io, , 75 -6_ 113, 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. Taxes, Utilities and Maintenance (a) Licensee shall be solely liable for any and all taxes that result, directly or inelrectl}, from the installation, maintenance or operation of the Commumcation Equipment 'notice is hereby given to Licensee pursuant to California Revenue and Taxation Code Section IF 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 o, e- aN es levied against Licensee's right to possession, occupancy, or use of any public property _ an- to an} n gnt of possession, occupancy, or use created by this Agreement. In the event z am increase in Licensor's real property taxes results from Licensee's installation, e -:ance or operation of Communication Equipment (including any improvements to the P-e- ses authorized under this Agreement), then Licensee shall reimburse Licensor the full of sucn increase within thirty (30) days followmg receipt of a written invoice of the e Licensor shall provide reasonable evidence of any such tax increase upon request (o) Licensee shall full} and promptly pay for all utilities furnished to the me use, operation and maintenance of Commumcauon Equipment. Licensee shall _ _es I - stall at Licensee's sole etipense a separate electric meter, and shall pay for its -_ _c-s_mouor directly, if a separate meter is not available, Licensee shall pay the cost -_ - is -casonaol% apportioned oy Licensor Licensee shall pay for telephone service _ e1eonone uriliry To the e\tent that any utility is provided by Licensor, Licensee _ se tcensor for the full amount of any and all related costs incurred by Licensor _ -ectl� or indirectly, frorr the pro% ision of such utiltry Such payments shall be anc in no event more inan tr,irt% (30) days after receipt of a written invoice of the ec Ir no e� em shall Licensee s use of the Premises or Real Property interfere with flex :hereon (c) Licensee shall maintain the Premises throughout the Term and all Renewal ooe condition, ordinary wear and tear excepted. Licensee shall not be required to z- repairs to the Real Property, except as stated in Section 11 below and except for = a_ e :o the Real Property caused by Licensee, its employees, agents, contractors, __ actors, subtenants or invitees Doc_ 1:10.2 76 -%- 0 " 1 14- , 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 clued 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 terminate this 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 parry may demand n 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 tna: period of time, in which case the breaching parry shall submit a written letter within said inim% (30) days stating an intent to cure said breach. After receipt of said letter of intent by the nor- oreachmg parry, the breaching party shall have such additional time as may be necessary to ec a complete cure so long as the breacing parry commences the cure and diligently and c,-in,--oust} thereafter pursues the cure to completion. I c) This Agreement may be terminated by Licensee on 30 days prior written L Licensor upon occurrence of anyone or more of the following events, in which case the oo-:io-i of the .A.nnual License Fee shall be refunded in accordance with Section 10(g) (t) prior to the Commencement Date, for any reason or for no reason (ii) after the Cor-nencement Date, in the event that communication -_ _c_ e ;t installed on the Rea' Property by any Other Carrier materially interferes _ _ -acauons operations of the Commurucation Equipment, and Licensee is unable to _. e-fe-ence through reasonably feasible means, (iii) at any tirnie upon receipt of written notice that a governmental or ucense, permit, conse-i, aopros al, easement or restriction waiver that is --_ode Licensee to install -,-,a ooerate Communication Equipment cannot be td within a required nine period through no fault of Licensee, or (iv) the Premises o- the Real Property is damaged or destroyed so as, to _ - , - -esonaole judgment, to matenal). )under Licensee's existing use of the Premises (d) This Aereement may be terminated by Licensee on 30 days prior written ;censor, 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 -_ o trig follow ing events, in which case said termination fee shall be deducted from any _-sec oc ,riior. of the annual License Fee and the remainder of the License Fee shall be refunded _ ce -see in accordance with Section 10(2) below 7 7 -8- l I l (i) 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 structm 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 throueh 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 follow ing et, ents provided that the failure to Licensor to enforce any breach of this 42ree rent shall not constitute a waiver of its future right to enforce said breach: (i) the failure by Licensee for any reason to obtain and maintain any „_ressar government license, permit or approval, or failure to satisfy any condition of such permit or appro%a], (ii) the failure by Licensee for any reason to install, construct, operate _ ) 'he Corirnurucation Equipment in accordance with applicable Laws; (iii) the installation, removal or reconfiguration of any Communication —_ - Licensee without Licensoe's poor wnnen approval; (ix) any assignment or anempted assignment of Licensee's rights or except as proviaed in Section 19 below. the acauon or abandonment of the Comtnumcatton Equipment or 7 L,ce see (abandonment shall include without limitation the failure to maintain Co- -munication Equipment for a period of ninety (90) days or longer); or ( it the making bx Licensee of any general assignment for the benefit ^e ti n; b% or against Licensee of petition to have Licensee adjudged bankrupt, .3, reorganization or arrangement under any law relating to bankruptcy (unless, in filed against Licensee the same is dismissed within thirty (30) days), or the D: a trustee or receiver to ta&e possession of substantially all of Licensee's assets e-ises or of Licensee's interest in this Agreement (where possession is not r to rr} (30) days), or the aitacrunent, execution or otherludicial seizure of al ;% all of Licensee's assets located at the Premises or of Licensee's interest in this («here such seizure is not discharged within thirty (30) days). (f) Except as provided otherwise in this Agreement, in the event of a default e o m he,eto, the non - defaulting parry shall have in addition to its right of termination, r_ n' to an} otner remedies available at law or in equity. �n 1310, oo: = -9 (g) In the event that Licensee elects to terminate this Agreement pursuant to Sections I O(b), I O(c) or I O(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 I O(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) itnin Hurry (30) days of Licensee's receipt of the notice of termination. If Licensee fails to restore the Premises within said thirty (30) days, Licensor may recover from Licensee all costs reasonable necessary to remove the Communication Equipment and restore the Premises in czcoroance v ith Sections 13 and 17 below W The provisions of this Agreement which by their sense and context are _a 'o su -%the termination (including but not limited to the provisions of Sections 9, 10, 12, I and 17) shall survive termination Condemnation If the whole of the Premises (or any portion thereof which -a s me oaiance of the Premises unsuitable for Licensee's normal operations) are taken by any o _2s -ocbl,c authority by condemnation, or sold under threat or in lieu of any such seoarareh or as part of the Real Property, this Agreement shall terminate as of is aelivered to the condemning authority. Licensee shall have the tight to any za,i , ces,griared as compensation for Licensee's interest under this Agreement, the c' e 'Cep nunicanon Eouipment or any other amounts recoverable under tie- ;o%ai of Cor=unicatior Equipment The Communication Equipment and _c.: placed on the Premises b% Licensee at its sole expense shall be and r soya vrooe^n of Licensee anc ma} be removed by Licensee at any time during e-e a' Tenn, provided tha• Licensee is not in default hereunder, and, provided _Icellsee snall repair any eamaet caused by such removal and shall restore the -__ Rea! Propem to its condition existing upon the execution of this Agreement less .� ea: --o tear prior to expiration or earlier termination of this Agreement. If Licensee —o% e a :! of its effects from the Premises upon termination of this Agreement for any - . .: see-. e. Licensor may, at its option, immediately remove the same to any manner that --o- - 5--all cnoose and discard, sell or store said effects without liability of any kind for loss r. c repair and restore the Premises and Real Property Any Communication Equipment _ ^emo%ed o� Licensor pursuant to this Section shall become the sole property of _ __-s licensee agrees to pay Licensor upon demand any and all expenses incurred in c..ior. mere%~ tth, including court costs, attorneys' fees, costs of removal, storage costs for „ o: time they shall be in Licensor's possession, costs of repairing the Premises and Real voe N aria costs of sale -: : 310, -, 7 9 -10- 1 F7 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 Iimits 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 arising 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 1 I Indemnifi cation. (a) Licensee shall indemnify, defend, protect and hold harmless Licensor and r_ o ic;als, agents and employees from and against any and all claim, cause of action, demand, damage, Lability, loss, cost or expense, includmg but not limited to reasonable attorneys' ee; ( collecti % el,,, "Claim ") that arises out of or is in any way related to Licensee's use or .c pane} of ine Premises, including without limitation the installation, construction, ._..ce operation or removal of the Commurcation Equipment; provided, however, that ineemniry shall not apply to the extent that any Claim solely results from the gross e o: a illful misconduct of Licensor, its public officials, agents and/or employees (b) Licensee shall, promptly upon request by Licensor, cause any mechamc's —_ - -_ -cn s hers vied in connection with any work done on the Premises or the Real - _ o- a• ; ^e request or direction of Licensee to be released by posting an appropriate _ —;auon ofLiabilm (31 Licensor shall no; be lame to Licensee, its affiliates, or any of its or their ;ce ; panners, shareholders agents, employees or contractors for damage to the ;or Eeuipment or any other, propeny belonging to Licensee from any cause, except __ —age caused by the gross neRh2ence or willful misconduct of Licensor, its employees, (o) Licensee waives all claims against Licensor and its employees for damage or Communication Equipment or propem ans ;ng for any reason other than a claim 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 e—Joaen of utility service, except to the extent caused by the gross negligence or willful zoneuct of Licensor or its agents or employees so Doc_ —_- in i3 LOS 2 (d) Licensor shall not be responsible for any damages, losses, or liability of any kind occurring by reason of anything done or permitted to be done by any third party, 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 thud party, 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 Carriers shall not be deemed Licensor's agent or employee for any purpose. 16 Secuntv 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 s ^all be used to secure the faithful performance by Licensee of all of the work, construction, installatior payments, removals, terms, covenants and conditions required by Licensee ne,eunder within the time periods set forth herein Licensor may use, apply or retain any portion c - aeDosit for the payment of any amount due Licensor or to compensate Licensor for any c. __ e 1055 or expense it may suffer by reason thereof. The deposit shall be returned to _ :-e -see w ithin thin (3 0) days after expiration or termination of this Agreement, less aaaoonaie aeductions If any portion of the deposit is deducted dining the Term or any Re- e ti a; Term Licensor shall provide prompt notice of the amount of and reason for the and Licensee shall promptly deposit sufficient additional cash with Licensor to restore __ ___ o Licensor shall not be required to keep the deposit separate from its general _-Z ceoosu shall not be deemed to be held in trust by Licensor. The deposit shall _ , From the date of execution of this Agreement throughout the Term and icensee shall not use, store, manufacture or maintain on the Real Property _. _- .._amour Substances exceot in such quantities and types found customary in e- cecipmeni operations as is iaenufied on Attachment G hereto and fully _ __ _ _ Licensee shall hanaie store and dispose of all Hazardous Substances it - „ nea; Property or Premises in accordance with applicable Laws (1b) For purposes of this Agreement, the term "Hazardous Substance" means (i) = -c r p: oduc;, waste or other material of any nature whatsoever which is or becomes _ __laced or addressed pursuant to the Comprehensive Environmental Response, --sanon and Liability Act, 42 U S C Section 9601 et seq ( "CERLCA) ", the Hazardous z--,s I ransoortanon Act, 49 U S C Section 1801, et seq ; the Resource Conversation and - _ _ - _ -, -�c. L S C Section 6901 et sea ( "RCRA "), the Toxic Substances Control Act, 15 _ = C Section 2601 et seq , the Clean Water Act, 33 U S C Section 1251 et seq.; the California __-sous %k aste Control Act, Health and Safety Code Section 25100 et seq.; the California -- :.-.:eus Substance Account Act, Health and Safety Code Sections 25330 et seq; the California ° Drn]%in_ Water and Toxic Enforcement Act, Health and Safety Code Sections 25249 5 et Doc_,m^ = 1310, 2 81 -12_ 1 I n se q., California Health and Safety Code Sections 25280 et se q. (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 tune hereafter in effect; (it) any substance, product, waste or other material of any name whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including bu: 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 "i oetroleum products contained within regularly operated motor vehicles; and (iv) asbestos. (c) Notwithstanding any contrary provision of this Agreement, Licensee z•- -ees to tnaemnify, defend with counsel selected by the Licensor, protect, and hold harmless the _ .e_sor its officials, officers, employees, agents, and assigns from and against any and all sses _nes, penalties, claims, damages, judgments, or liabilities of any kind or nature which the _e-so its officials, officers, employees, agents, or assigns may sustamor incur or which may oe moosed upon them in connection with the use of the Real Property or the Premises provided L �ae- tors = L*eement, directly or indirectly arising from or attributable to the storage or deposit c sous Substances on the Real Property or the Prenuses. This Section is intended to agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and _ e !tr. a , Safety Code Section 3S3o -t, ro insure, protect, hold harmless, and - - _ :e-sor for any liabiliry pursuant to such sections a ^se- of License t ai All of the terms and provisions contained herein shall inure to the benefit e D,ncing upon the panies hereto and tneir respective successors and assigns This _ ,., nanis and obligations of Licensee hereunder shall not be assigned or a sie ec, in whole or in pan, o� Licensee without the express written consent of the ,c- corsent mall not be un:easo,ao* v ithneld, delayed or conditioned. Any css. .: —_•nen: or other transier in i ioiation of this Section 18 shall be void. The - _- e otri - transfer of the nghts and obligations of Licensee to a parent, subsidiary or a:e of Licensee, or to any successor in interest or entity acquiring fifty -one percent me e of Licensee's stock or assets, shall be deemed an assignment requiring Licensoe's e rereunaer Licensee shall provide Licensor at least thirty (30) days advanced wntten _t o, an% proposed transfer. (b) If Lessee desires at an� time to effect a transfer, it shall first deliver to .r ( I) - %%ntten request for approval, (2) the name, address and most recent financial s -ens of the proposed transferee and (3) the proposed instrument of assignment or sublease, c- it the case of assignment shall include a wrtnen assumption by the assignee of all c 1,icLa%ons of Lessee under the Lease ansrng from and after the effective date of assignment. Doc umen= .3 JOY 2 82 -13- I�� h140 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 Licensoe'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 Carner in compliance with the Collocation Rules, the pro%isions of this Agreement, and all Laws, and any legal and continuing use, operation or business of the Premises or Real Property existing at the time of the date of this Agreement, shall not be deemed a cause or knowing permission of interference by the Licensor under this Section ,G '\on ithstandmg anything in this Section 20, however, Licensoe's liability is limited asset o-� :n Section 15 of this Agreement Moreover, nothing in this Agreement restricts, modifies, c- affects to any way the Licensoe's nahts to enforce its Code, including its Wireless C_ -. _. :ca:lons Facilities Ordinance, revoke or suspend anypermits or approvals given to the -see or hola any hearings in connection therewith, and such enforcement shall not be c__ ec an interference with Licensee's use of the Premises. Miscellaneous (al Ii any provision of this Agreement is declared by a court of competent _ also or unenforceaoie men the remainder of this Agreement shall not be z--- s ~all continue to be %and and enforceable to the fullest extent permitted by Tre A aiver o% eitner parr of any breach or violation of any provision of sca 90L be deemed a w ar.•er or continuing waiver by that party of any -_- _ -22- - e- N iolanon of Inc saute or an\ other provision of this Agreement. I 3r � notice or ct-7a. ^q required 'herein shall be given personally, by _ ecs c_e oreoai? return rece o' requested, by confirmed fax, or by reliable c_-e ,a the adaress of the respecti%e p. —ties set forth on the signarure page Any ^e-scnalh snail be deemeo deli% ered upon receipt, service by facsimile - - _ o- s-a11 be deemed delivered on the date of receipt as shown on the received facsimile, ce ccnii;ed mail or by rehaoic o ernient courier shall be deemed delivered on the -- _ _ce pi as snows on the certification of receipt or on the date receipt is refused as shown -::,o-es or manifest of the L' S Pos:a! Serti ice or such courier. Licensor or Licensee may --:e to tir-e designate any other add ess for tnis purpose by written notice to the other parry e forecotnd manner 1 d) In the event of am dispute or legal proceeding between the parties arising c _ o c, e,auns to this Lease or its breach the prevailing party shall be entitled to recover from r.o- -oret ailing parry all fees, costs and expenses, including but not hiruted to attomeys' and 83 Doc urc1 -- I I0.2 -14- 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 parry preparing it (0 This Agreement including all attachments and riders constitutes the entire ageen:ent and understanding between the parties, and supersedes all offers, negotiations and e.ae =tcrnents, written or oral, concerning the subject matter contained herein There are no rzc-esen•ations or understandings of any land not set forth herein. Any amendments to this a wee -,cnt shall be effective only if in writing and executed by both parties i g ) Licensee shall reimburse all costs of Licensor, including attomeys' fees incurred in the preparation and review of this Agreement, Attachments thereto, and r_ area aoproval or document necessary to the execution of this Agreement Such costs must •o Licenso, onor to the Commencement Date and prior to approval of any Final Plans of -�-n% notices u hich either pain may desire to give to the other party under _= oe it witting and may be given either by (i) personal service, (ii) delivery eeln ery sen ice such as but not limited to, Federal Express, which .�,n_ date and time of deli en, or (tit) marling in the United States Mail, - Z', --- --- _e p, epaid, return receipt requested, addressed to the address of the party as a any otner address as tnat parry may later designate by notice 01 bc:--c- -15- l a a 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: (t) All statements provided in the Recital or Preamble to this Agreement are incorporated as a material part of this Agreement. 01 Tae person or persons executing this Agreement on behalf of Licensee ano represents that he/she has the authority to execute this Agreement on behalf of the e-see and has the authority to bind Licensee to the performance of its obligations hereunder. L \ I1 OF' TE \T SIGI.�TGRES NEXT PAGE] i cO__ : 1310,: -16- � )3, IN WITNESS WHEREOF, the parties have executed this Agreement as of 199, LICENSEE: By- — Name _ Title B� Name 0 D_c�T`-i> 1310.: _17_ LICENSOR: THE CITY OF El Segundo, a municipal corporation By _ Name Title: ATTEST: By: City Clerk APPROVED AS TO FORM. By :Sark D Hensley, City Attorney ATTACHMENT A LEGAL DESCRIPTION OF THE REAL PROPERTY (TO BE PROVIDED) me m �o<_... <.. v 1310, '_ A -1 �.J ' � C ATTACHMENT B DEPICTION OF THE PREMISES (TO BE PROVIDED) 88 2 B-1 (O y U ATTACHMENT C INITIAL PLANS REGARDING CONSTRUCTION AND IMPROVEMENTS (TO BE PROVIDED) FAM Do :� °n1 c 1310, ? C -1 ATTACHMENT D COMMUNICATION EQUIPMENT AND OPERATIONAL CONFIGURATION (TO BE PROVIDED) 90 -_ _ .1 o. z D -1 I a� 0 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 M [TO BE PROVIDED, INTCLUDING EMERGENCY NOTIFICATION PROCEDURES, ESCORT PROVISIONS, AND AFTER -HOURS COST RECOVERY] Notice of entry may be provided as follows oral written Contact = e i- s•- uctions [incluee otner occupants/owners of the Real Property or e -ses to be notified] is restricted from oarkine its vehicles at the following places, times _ x ^see shall in no event parr, in any space designated for parking by another - :censor reserves the neht to reasonably change these restrictions or substitute -e_s^-cbie parking accommodations in the immediate vtctruty of the Real Property : �jlv' Z 91 E -1 n9 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 butial Installation and any Reconfiguration must be approved by each of the authorized third parties whose communication equipment is located on the Real Property (,,Carriers") The Carvers inexistence on the date of execution of the License Agreement are prON ided at the end of this Attachment Such requests and approvals shall be submitted and considered according to the following procedures- 1 Licensee shall submit to the Carvers preltminary plans and technical fcr the proposed facility or the Reconfiguration The Carriers shall have 15 _= ress days to respond to Licensee in writing with the Carvers' approval or disapproval of :_ :ee s plans and specifications. Any disapproval shall be accompanied by a detailed :-ion of the oasts for the disapproval Failure to respond in writing to the plans and s °ez- ;. -, ,cations shall be deemed approval If Licensee's plans and specifications are not approved by one or more Licensee snall revise its plans and specifications to meet the objections thereto set - - _ e -s �mnen disapproval No construction, installation, testing or operation of the C_ o- Reconfiguration, as appropriate, shall be permitted unless and until each of cps-, % e Licensee's plans and specifications If Licensee disputes the basis or ocie:uon inert it shall resolve its dispute directly with the objecting Carver(s), _ _„ ct-ns Licensor's conauct 1. Licensee's plans ana specifications are approved by the Carvers, ejcn of the Came—s m «mine as to the scheduled date and time of construction and tns,alla; ion of Licensee's transmimnglreeerving equipment, Lion of the Reconfiguration as the case maybe, not less than five business - -o to sucn gate Licensee also snall noun each of the Carvers in writing five business days o Licensee's pre - operation transmit test as to the date and tune such test will commence. _ -e- operation transmit test shall be conducted jointly by Licensee and any Carrier who _s ;o o arucioate, ano shall measure (a) The signal transmit levels at the output after the final filter stage _- _ :enstf's transmit line with all transminers keyed up at maximum power, m: , 1310,: 92 Ll 4t� F -1 I �, C (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 Carvers' 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 to Licensee's Federal Communications Commission receive and transmit bands of operation If any Carver determines that it is expenencmg interference, that Carver shall notify Licensee to immediately cease the pre - operation or pre - Reconfiguration transmit test and Licensee shall immediately cease such test Thereafter, each Carrier 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 m o (2) business days shall be deemed an approval B It shall be Licensee's responsibility to ensure that proper filtering and isolation are place for the pre - operation or pre - reconfiguration transmit test and operation of Licensee's r, s� stem Any cnange to Licensee's approved antenna type and location and/or change in eves and power output shall be required to follow each of the steps set forth in A of tms Attachment F. C One or more Carvers may condition their approval of Licensee's plans and s,ec a -ons and or equipment installations on Licensee paying to such Carrier(s) an equitable c_ss trs: such Carver incurs to design, permit, construct, install, maintain and C: --o- Facilities For this purpose, "Common Facilities" means any equipment, and improvements that such Carver installs at the Premises or the Real _ -_ z ;tie collocating Licensee «ill use or benefit from, such as but not limited to caoie, utilities and similar facilities \o,� -s:anamg approval by the Carriers to accordance with Paragraph A, the c- Reconfiguration must be suomitted to Licensor for its approval A copy of s . rs and objections se, form in Paragraph A shall be provided by Licensee to _ 2 _- ose at the same time it is recen ed or provided by Licensee Licensor shall - ,.old condition or oela% its approval _nsee shall at all times eunns the term of the License Agreement reasonably - . r L,censo, and the Carvers in - Beards to addressing problems that may anse _ -; or proposed collocates facilities at the Real Property 4n� notice, objection. submission or oche: communication to the Carvers shall be _z ,:.re CiR at the address and in the manner provided for notices in Section 19(c) of the _: -se =.; ee nea , and to each of the Carvers in the same manner at the address provided o' Omer» ise in "sting by that Came: Licensor or the Carver may from time to time it the foregoing manner, any other address for this purpose G Licensee agrees that Licensor shall not be liable to Licensee for any approval, ,:,o, c 93 F_2 13 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 Carrier. H. Licensee understands that its violation of these rules, or its continuing interference with the communications operations of one or more Camels may cause the affected parties irreparable harm. Licensee agrees that the Camer(s) shall be entitled to file an action to enjoin such interference or seek other appropriate remedies. I Licensee shall provide notice to the Carriers identified below of its agreement to these requirements J Licensor agrees that, for the benefit of Licensee, it will impose the same technical regwrements collocated Other Carriers authorized to use the Premises and that it will require the sa,-ne coordination procedures of the Other Camels in any reconfiguration or change of i-equenc} or operation tamed out by such Other Camels in the future. S F = CARRIER 1 Phone and Fax Ann CARRIER 2 Ann 94 F-3 I ?0 AN i 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: 95 G -1 3 3 9 LOS ANGEL COUNTY DEPARTMENT OF PU► [C WORKS FOR LOS ANGELES COUNTY FLOOD CONTROL DISTRICT 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 PERMIT APPLICATION e applicant must show that the proposed work will not adversely affect the District's interests; le., (1) Hydraulic and Hydrology Design, Structural integrity; (3) Maintenance standards; (4) District's property rights, etc. Applicant must complete the following portion of application TO BE FILLED OUT BY OWNER /AGENT NER. DR __ SS Street 227 TELEPHONE:( ) City Zip Code TELEPHONE:( ) Street City Zip Code Street City Zip Code __ - -- THOMAS GUIDE: FOR THE _R POSED FACILITY PHONE:(—) that ine aooucant for this permit is familiar wrth the requirements of the County Lobbyist Ordinance 7- __e Chzcier 2 160) and that all persons acting on behalf of the applicant have complied with and will continue _ c_gr_u' the application process c: Owner /Agent Date _ a -s w'; scucrural oe:ars ano rofres of the existing and proposed facilities _-a ano or nyorauhc and nveroicg� calculations The plans and calculations must be stamped and signed a e ^dinee, licensed to prac, -e in the State of California -cc c -::o c.irrent ordinance estaoitshed by the Board of Supervisors FOR DISTRICT USE ONLY - - =- =r INSPECTION FEE =- FILE CODE DISTRICT DRAWING NO. MISC_7LL ?I:cCU5 TRANSFER DRAINS ONLY - - INSPECTOR PHONE NO. _ INSPECTION DEPOSIT: i' LDMA . 96 v50 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 ___ -_ _:_= COUNTY FLOOD CONTROL DISTRICT, a body corporate and --- i -_, nerainafter referred to as "DISTRICT ". O hereinafter referred to as _:_ - -_C is owner of *_hat certain property generally and c�s_res to __- _a -- property for purpose; - - -= t^ DISTR:__, f�_ and in consideration of the -_- -__ s: the covenants anc agreements hereinafter agreed to -_- formed by the TENANT, and upon the following terms __ons, hereby rents to TENANT, and the TENANT hereby hires and from the D= STR:CT tnat certain property in the _ --- c_` County of Los Angeles, State of as snow-n in Exnio, "A" attached hereto and made a part ------ :nere_na =ter referred to as PREMISES. Rental Agreement No . _ -- 'r •'— —7 1. The rental of the PREMISES is on a month -to -month basis commencing on _mmddyy = °- - -(mmdd..shall j hereinafter be referred to as Anniversary Date). TENANT has prepaid rent for the first twelve -(12):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: L:S ANGELES COUNTY FLOOD CONTROL DISTRICT c/o DEPARTMENT OF PUBLIC WORKS P O Box 7437 Alhambra, CA 91802 -7437 Tne rental rate s'.:a_1 be adjusted in accordance with --ne al Provision K nereof ca,.-^ents shay_ state the name of TENANT and Rental ;,c_eerrent Number - _e__- c-,ency egi-al to ten percent (10.) of the _e__. _ _.._ rent snarl be charged if full payment is not =__ve= by _ -.e D= STR_CT within thirty (30) days the da__ s -cn payment is due. be used solely for the purpose of and no other. any improvement on the Lnless T.:: =?._ Is _n compliance with General =: _ _ =_cns ; an '" c - th= redlined portion of this a -= - - =-7--n--ate v - -s-io^ of L and--M--1f--= _ -. acrnowlecges t-a_ th_s Rental Agreement is not ass-7nable. - _eneral Provisions A tnrouah O are attached hereto and, _.._s reference, mane a part hereof. 98 Ta=e - (E 9- Version) 00 m 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. DISTRICT LOS ANGELES COUNTY FLOOD CONTROL DISTRICT a body corporate and politic M Assistant Deputy Director REGISTRRAR-RECORDER /COUNTY �re County of Los Angeles _V TENANT Name C.Gre Title Date Title S- ;nature Date A�-,.ress t5 +5' Vers_rl 99 I �� Rental Agreement No. L"2011 ��iS:i ft �F� W d 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 re allowed by DISTRICT for the cost of any such expenditures, worx performed, or ordered done by TENANT. =_NANT may terminate this Rental Agreement at anytime by c_%•_ng tae DISTRICT no less than thirty (30) days' written ..tt =ce of intention to terminate. However, the termination ..a_. .._t be effective unless TENANT has complied with all of ____cw_nu • 'vacated the PREMISES e -o ,r=_d ail improvements TENANT has constructed or placed the :REMISES, if aoolicable. fence pack to its original location, if = -__tie PRE' SES to as aooa a condition as existed on e = °. 1 pessess_cn -If PREM -SES was taken by TENANT, wear and tear associated with usage ____ _ occupancy and to reimburse __r a-,, ccne to the PREMISES. Rental Agreement at anytime by t FIUNT no _ess tnan thirty (30) days' written = -_- ,.ntent on t.. tern. =nate Upon receipt of such - - -_ _ s.:-l_ va __ :ne PREMISES as required herein agrees that sro:._c it fail to vacate as herein the DISTRICT c_ its authorized agents may enter upon sa -- _ REMISES and re -ove TENANT's personal property =- = -e' -- aac in this eve-:, TENANT waives any and all claims ca -ages against t.n.e .:_STRICT, its officers, agents, or ees Nothing herein shall be deemed a waiver of any _..e DISTR__'= to demand and obtain possession of the En'_SES in accordant=_ with law in the event TENANT violates any part of any of the terms or conditions herein. 100 ✓ 7j O� 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. TENANT shall keep PREMISES and any improvements it constructed or placed on PREMISES in good working order and maintain such =n a neat, clean, and crderly condition at all times during -__,pancv and not permit graffiti, rubbish, tin cans, garnage, etc , to accumulate, ncr to use or allow use of PREMISES for any illegal or unautncr_ zed purposes, and to comply with all -ate maws and local crc_:.ances concerning PREMISES and the --- tnc_e.._ _nderstood and agreed that DISTRICT shall not be _= s_-__s_ole for any damage to PREMISES or injuries to persons n -= -a: arise from cr be .incidental to the use and =-t- nation of PREMISES, .,r for damages to the property of .._ for inyari es to the person of TENANT, TENANT, s __-.ants, succes=s -ors, subtenants, invitees, or others _n _R=V. -Z=_ at aryone`s invitation, arising from _ _ice -ta= tc t_.e -se cf - REM_SES by the TENANT or anyone 7E_QANT or _nt DISTRICT, and /or its agents, z: :7 assicns. TENANT agrees to - -- ---- _et_ -._, a ::ne DISTRICT harmless from any and d efense costs and legal fees. _n =re _= aa% _ _cr lease or rental agreement and DISTRICT covering the _s _- _-s_t::_ ai-c agreed that this Rental a -- = erminate said prior lease or a_re=_re;t as __ - -_ c - -nencem =_nt date of this Rental -a. Agreement r-a% _reate a possessory interest upon a zrcperty tax ma} me levied In such event, TENANT s- = -- _a} eefore de__ncuerz% a_1 such taxes or assessments 10i 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 (5,,000,000) per occurrence and an automobile liability policy which shall include a single limit liability amount not less =hap :'HREE HUNDRED THOUSP_�SD DOLLARS ($300,000) per occurrence. _..e LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, its governing ocard, officers, and employees and the COUNTY OF LOS ANGELES na__ be named as additional insured on all policies of _- aa__ =ty insurance - -__ _= __c_es of insurance shall be with a company or companies law to transact insurance business in the State TENAN- stall furnish to DISTRICT a copy of the ..' insurance evidencing TENANT's insurance coverage _r_-_ to tie commencement date of this Rental Agreement. Upon -= a_ _' said policy of insurance, TENANT shall furnish to 7 cert_ficatc evidencing TENANT's continued insurance _= oolicies and certificates shall refer to this _ -_ - __e_ -a_.t No The DISTRICT shall be given a_ :east tnirty (30) days in advance of __ mod_f_cat_on of such policy. e __ecsly at:-t�_ edges that TENANT is a post a _ = -a:: ..__ ce entitled to any claim of as such is defined in Section __..e of the State of California a_e -o ..s _neligib_lity for relocation Government Code Sections 7260 Inc _s: as interoreted in California - _-_== =at_✓e Code as _= e>::sts or as it may be amended the Provis -,c: K version that does not apply) .e- those years affected by the reappraisal as oelow, every year that this Rental Agreement is ir. - -- - =_ -e and effect, the rent for the current 12 -month rrent Rent) snail ne adjusted based on changes in _ -_ -= 7s_7er Price 1nde :: for All Urban Consumers (CPI -U) for _ _ _os Fr.geles- Pr.a ^ezr. - vets de area as published by the _ted States Department cf Labor, Bureau of Labor Statistics = ndey ") Pa:- - is a- Ve. -SIT -1 102 I L4, C) M- ,. 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 the described Index is no longer published, another index Generally recognized as authoritative shall be substituted as elec =ed by the Chief Officer of the Bureau of Labor Statistics Cr _ =s s-ccesscrs. If no such government index or computation -s cff =_red as a replacement, the DISTRICT and TENANT shall select a percentage for calculating future annual shall never be an amount less than the Current e ____nnina of every sixth Anniversary Date, rent due Acreement snail be based upon a reappraisal Z= _ =-.__cted 011 =S R =CT at no cost to TENANT. _ _.- _= a-.__-g the reappraisal, the New Rent shall never be Char. tn.e _ __v:.ous year's rent. -= tinned ccc' _car.cv of the _'ntal __ = to the tie PREMISES on and after the ad-iustment shall constitute a possession subject to New writing not less than thirty ary Date of the amount of New of rent is based upon the DISTRICT's current _-_ -_- charge of Fifty Dollars ($50.00) per month. The hereby reserves the right to adjust the its minimum -= as provided herein., acccrding to DISTRICT's requirements. =r :e event DISTRICT's minimum rent requirement increases, _ ' -S .1 shall nctify TENANT not less than thirty_ (30) _a -s Prior to the increase If TENANT disagrees with the rent =- Zl-stmentI TENANT shall have the option. to terminate 'the _ree^ent as provided in General Provision B herein. 103 141 Rental Agreement No. TENANT's continued occupancy of the PREMISES -on and•after.the effective date of the rental adjustment' -shall constitute the 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 =_ TENANT shall not construct or place any improvement on the PREMISES. (Strikeout the Provision M version that does not apply) acrees to keep and perform the provisions contained in issued or -o be issued to TENANT by DISTRICT. ::c. ac =- _cable. may, at its sole discretion, enter PREMISES to _ =rc_c_ Environmental Site Assessments. Upon review of such __S_RIC_ may, at its sole discretion, terminate Agreement ccnsistent with either General -Z-:7 _ Cr D as d=etermined ny DISTRICT _ear any a1er -a=5 S -se, st= and al! responsibility, expense, and zne eanup and treatment of any ccrd_t_ n found on the PREMISES caused raze, Cr treatment of any hazardous -= =r= -SES aS cef_n =_d in Los Angeles County Code o_G, reta_ -ec c,, _ENANT, shall fully comply with Lo--by_st Cr�_ra-ce, Los Angeles County Code _Eo Failure c7 _ne part of any Lobbyist retained -•_,- to fully comp:v w_tn the County Lobbyist ordinance, s'a -= __nst_tute a mater_a= preach of this Rental Agreement the DISTR ==_ may terminate or suspend this \rent -ge: wpc ME ve__>�, 104 ,-,4 _ f�;,,,_ f ot r vtIfr�'`� . yp` 1 OCT 15 1998 West Basin Municipal Water District 17140 S. Avalon Blvd • Suicc 210 • Carson, CA 90746 -1299 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 _! Segundo, California 90245 -tea- Mr Bernard COMMENTS ON MITIGATED NEGATIVE DECLARATION FOR PROJECT NO. EA -403A PRE - APPROVED LOCATION MAP FOR WIRELESS COMMUNICATION FACILITIES E::7rc,ound --e E_=_,n Municipal Water District (WBMWD) is a municipal water district _ ,ces .riolesale potable water to various agencies and municipalities in the _ Z_ a-aa c` Los Angeles County, excluding Torrance and the City of Los `.'.ErvV.D is a member agency of the Metropolitan Water District of _aj iornia (MWD) which supplies WBMWD with approximately 80% of its _ c+• i ne remaining 20 0o oer+ved from local groundwater from the West -- :: c_cv a•e• basin e c r,s v,ate, sources, WBMWD has decided to capitalize on the potential use ec � astewater as an alternative water supply to industrial and landscape uses A major part of the West Basin Water Recycling Program is the s largest reclaimed water facility, known as the West Basin Water Recycling ii.:1BV%/RP1 WBWRP is located at 1935 Hughes Way in the City of El WBWRP recycled water supply efforts resulted in the creation and of the West Basin Water Recycling Program. WBMWD sells and delivers cied water on a wholesale basis to public and private purveyors. The purveyors -_- sell and deliver to the end users after the purveyors have processed the users �a :ion inspected the point -of -use facility, and determined that the end users I oe able to comply with all conditions of use and subject to approval by local nealtn agency Paul D Jones 11, Gmr almawjm 105 1�a4 045 Mr. Bret B. Bernard, AuP. Director 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 (HTP) 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 EMV% /D has reviewed the Initial Study for the above mentioned project, and staff s a a,e that V'8WRP is identified as a potential site, identified as location G, could accommodate a major wireless communication facility. WBMWD is _::-�e -nee the oroposed location G for wireless communication facilities could pose mpaot on the operation of WBWRP facilities. WBMWD staff requests -_ -e �:r,� of El Segundo or the owner of the wireless communication facilities al o 'BMA %rD representatives the opportunity to provide specific input as to the c- the facilities within WBWRP property boundaries prior to their - — =iease contact Paul Shoenberger, WBMWD`s Chief of Engineering and a,range the specific location of the proposed wireless t,cr. `aciunes at location G Paul Shoenberger may be reached at the a :=ess cr ov onone at (310) 660 -6218 acc-ec ates being recognized as a responsible agency under CEQA .,•000sec project and will gladly answer any questions relating to -s a-i, c.iesuons relaiine to CEQA or environmental permitting issues, - _ a•_ LUCia M McGovern at (310) 660 -6245 e_' C Jane II, PE _e e a M aoer 106 r�S West Basin Municipal Water District 1 -140 S 4salon Bl,d • Suwzc 210 • Carson CA 90746 -1216 �� pum�mm >ua-�X z � m mm�m s9 .��um��+uNio�a ooh rrNi �m T�a�H a a o Om 0 N m 22 Z c y mmm L) T C -c c (/1 �- p C p3 0 0 ��m °S m m Nd=acmm °3 o O mmm N: m m ^ y T y 3 m 7 w m m y Cl <<RZ a= no a D F F 107 I L-�-u= '1h I N N 0 O 3 c n� 0 N i1 cn r: CD N m m m m O m 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 c' El Scgundo 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, `. %HEREAS opportunity was given to all persons present to speak for or against the findings of En. rc ^mental Assessment No EA -403A, and, HEREAS 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 (V CF) 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 t.lajor 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 108 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 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 Mt, 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 CF_ 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 El Segundo (light utility- mounted Shall not exceed top of m,00�e scnool (615 Richmond Street) poles only), El Segundo light standards Unified School District (land) = I =3 a ,on -2 ,2161 E El sec_undo City of El Segundo rocf- mounted ut - 175 feet mounted wall-w:_- ed Razlarra, on Plan, Wes: Bas n Mun'cipal grc,.nd-r .cunted _ 142 fee: (1935 Hugnes Way) Water District mounted, roof-mounted, wall- mounted H LA County Flood Pump Station (223 Los Angeles County roof - mounted, wall- 34 feet Ceme, Street) mounted, utility- mounted source C ry cl 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 Ma,cr or Minor wireless communication facility proposed on a "pre- approved" site requires accrual 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 °ac,hc Bell Mobile Services (PBMS) requested that the northwest comer 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 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 109 145 Peso 2431 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 approvaUdenial NO:"! THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed En ,iircnmental 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 e_:ative Declaration of Environmental Impact will be prepared pursuant to the CEQA, and, --.at v.hen considering the whole record, there is no evidence that the project will have the poiential for an adverse effect on wildlife resources or the habitat on which the wildlife �_pends because the project is in a built -out urban environment, and, Tnat the Planning Commission hereby recommEnds that the City Council authorize the Director c' 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 Cal,'crnia Code of Regulations Within ten (10) days after receiving City Council approval, the G ^, of Segundo shall file the required certificate with the County of Los Angeles, along with the reou ree Notice of Determination As approved for in AB No 3158, the statutory requirements c' 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 lip ICU 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 CEOA; Policy LUi -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 Envy- onmental Assessment No EA -403A, the pre - approval of eight (8) public facility sites for V. ess Communication Facilities and a Mitigated Negative Declaration, to the City Council, subject nc cond tions a o- to issuance of building permits, the applicant shall receive administrative approval of a '.v recess Communication Facility Permit (WCFP) from the Directorof Planning and Budding re for any wireless facility proposed on Sites A -H �•i�r to issuance of budding permits the applicant shall sign a lease agreement with the c ocery ov.ner and provide a copy of the signed lease agreement to the Director of Planning Safety If the wireless facility is to be located on City-owned property, the lease agreement -,a contain provisions which refer to the cost for leasing the Pre - Approved Site, an ^oe -stand ng by the applicant that the applicant is responsible for paying the City Attorney's c; sts for preparing the lease agreement documents, access to the Site (including emergency access) relocation/restoration provisions and other provisions as deemed appropriate by the -. Attorney Access to Saes 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 lli 151 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 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. A ground- mounted facility shall be located in close proximity to existing above - ground utii,tses 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, %,ater 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, regu red 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- graffitt 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 p, o. to issuance of budding permits for Site G [West Basin Municipal Water District the applicant shall provide the Director of Planning and Building Safety with v.r nen authorization from WBMWD (property owner) that it has approved the building plans for t,ne 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 112 Aso 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/Itaison 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 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 PASSE p PPROVED AND ADOPTED this 12th day of November, 1998 B•c' E Bernard A(CP, Director c" Punning and tuilding Safety, and Sec•etary of the Planning Commission C' the Citv of El Segundo, California T =� - Crowley - Aye Wycoff - Aye Palmer - Aye Boulgandes — Absent Kretzmer — Aye 113 Bnan Crowley, Chairman of the Planning Commission of the City of El Segundo, California 1�3 P \projec1s \400 - 425 \ea- 403A\peres res Reso 2431