Loading...
1999 JAN 05 CC PACKET - 2EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE- 05 January 1999 .isiness — Continued Public Hearing Continued Public Hearing on a proposed Development Agreement Amendment to increase the permitted size of the proposed L A Kings /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, LLC (Ted Fikre) RECOMMENDED COUNCIL ACTION: 1) Hold Continued Public Hearing, 2) Discussion, 3) First Reading of Ordinance, (by title only), 4) Schedule second reading and Adoption for 19 January 1999, and /or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND: This item was continued from the 15 December 1998 meeting due to the lack of a quorum [two Conflicts of Interest (Mayor Gordon and Councilwoman Wernick) and one absent Ccuncilmember] The proposed amendments consist of an increase of approximately 15,000 square feet in the size of the approved, but yet to be constructed, Sports Training and Recreation Facility The original approval restricted the size of the overall Facility to 120,000 square feet, and the size of the amenities including 1) the office space to 15,000 square feet, 2) the snack bar to 1,500 square feet, 3) the restaurant to 3,000 square feet, and 4) the retail space to 4,000 square feet The applicant is requesting approval to increase the size of the facility as follows (Introduction and Background continued on next page) ATTACHED SUPPORTING DOCUMENTS: (Adopted) Planning Commission Resolution Nos 2437 and 2438 (Adopted) Planning Commission Minutes, 10 December 1998 Planning Commission Staff Report and attachments, 10 December 1998 (draft) City Council Ordinance No FISCAL IMPACT: None ORIGINATED. Date: 21 December 1998 Bret B Bernard, A P, Director of Planning and Building Safety REVIEWED BY: Date. 11� 2 INTRODUCTION AND BACKROUND (continued) Amens /Use ADDroved Size Pro osed Size Net Increase Administrative Team Offices 15,000 15,500 500 Snack Bar 1,500 1,500 0 Restaurant 3,000 3,000 0 Retail Space 4,000 7,000(l) 3,000 Two ice rinks, one basketball court, private team areas and public areas Balance of facility (96,500) 108,000(2) 11,500 Total Sports Training and Recreation Facility 120,000 sq ft 135,000 sq ft 15,000 sq it 1) Of the 7,000 square foot retail space 4,000 square feet is allocated to a merchandise shop, 1,000 square feet to merchandise storage and 2,000 square feet for other leased retail space 2) The individual size of the uses listed in this row were not restricted in the original Development Agreement Increased floor area is specifically attributed to the team locker rooms and training areas and general public spaces such as the lobby, circulation, public lockers, and viewing area No additional spectator seats are proposed The increase will result in a Facility consisting of a total of approximately 135,000 square feet The proposed Facility site is 5 5 acres and is a part of the 1 15 million (Plan A) or 732,892 (Plan B) square foot Grand Avenue Corporate Center Project, previously approved by the Planning Commission and the City Council The Grand Avenue Corporate Center project is a mixed -use development on approximately 23 acres of vacant land on the west side of Nash Street, between Manposa Avenue and El Segundo Boulevard The proposed amendments will only increase the Floor Area Ratio (F A R ) on the subject site from 0 50 1 to 0 52 1 A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site. In staff's and the City Attorney's opinion, the proposed amendments do not involve substantial changes to the previous project Therefore, pursuant to the CEQA Guidelines Section 15162 (b) and the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(6)(2)(111), and (4)(f), no further environmental review is required DISCUSSION: This is the first amendment to Development Agreement No 98 -1 A more complete project description, analysis, and background information, 1s included in the accompanying Planning Commission Staff Report and its attachments, which were previously distributed to the City Council on 08 and 14 December 1998, and, are again included as an attachment to this Report p \projects \451- 475 \ea467\ea467 ws 4- 11 RESOLUTION NO. 2437 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 98 -8, AND PARKING DEMAND STUDY NO. PDS 98 -3 FOR AN AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER, PROJECT AREA FOUR (PLAN B), AND ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY AT 555 NORTH NASH STREET AND ADOPTING FINDINGS IN SUPPORT THEREOF. PETITIONED BY L.A. ICE VENTURE COMPANY, LLC. RECITALS WHEREAS, the project applicant, LA. Ice Venture Company, LLC ( "Owner "), owns certain real property, 5 95 acres in size, generally located along the west side of Nash Street south of Mariposa Avenue and north of Grand Avenue (the "Property "), in the City of El Segundo ( "City "), and, WHEREAS, the Owner proposes to amend the previous approvals of the Conditional Use Permit (CUP 98 -2) and Parking Demand Study (PDS 98 -1) to allow an additional approximate 15,000 square feet for a total of 135,000 square feet on the property for a Sports Training and Recreation Facility ( "Project") within the Grand Avenue Corporate Center (GACC), and, WHEREAS, the Property is located in the Urban Mixed Use -North Zone ("MU-N Zone ") The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses, and recreational facilities with approval of a conditional use permit, and, WHEREAS, in connection with development of the GACC, the GACC Owner subrmtted applications for approval of Environmental Assessment No EA -430, Vesting Tentative Tract Map No 52427 (Subdivision 98 -1), Conditional Use Permit No CUP 98 -2, Parking Demand Study No 98 -1; and Development Agreement No DA 98 -1; and, WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared As more particularly described in the MND, the Protect will not cause any significant environmental impacts given, among other things, its design and mitigation measures, and, WHEREAS, a Notice of Intent for the GACC Project to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998 The MND was submitted to the California Office of I Re.o 2437 llv Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998 Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and, WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the GACC Project, including the Conditional Use Permit and Parking Demand Study, in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project, and, WHEREAS, at said hearing the facts for the GACC Project as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and, WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2415 and 2413 approving a Conditional Use Permit and Parking Demand Study and a Mitigated Negative Declaration of Environmental Impacts for the Conditional Use Permit and Parking Demand Study for the GACC Project, and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project, and, WHEREAS, at said hearings the facts for the GACC as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and, WHEREAS, an Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(B)(2)(iii), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety determines that no substantial evidence exists that the project may have a significant effect on the environment. The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence 2 117 Reno 2477 with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805); and, WHEREAS, on December 10, 1998, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -467, Conditional Use Permit No 98 -8 and Parking Demand Study 98 -3, and, WHEREAS, at said hearings the following facts were established, The project site consists of 5.95 acres. The project consists of a Sports Training and Recreation Facility with approximately 135,000 square feet with a maximum floor area ratio of 0 52 1. The subject proposal is covered by the following previous approvals and agreements Environmental Assessment EA -430, Subdivision 98 -1 for Vesting Tentative Map No. 52427, Conditional Use Permit No 98 -2, Parking Demand Study No. 98 -1 and Development Agreement 98 -1, which were approved by Planning Commission Resolution Nos 2413, 2414, 2415 and 2416, respectively, and City Council Ordinance No. 1287 and Resolution No. 4063 A Development Agreement (Instrument No. 98- 1109405) was executed on June 30, 1998 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time 4 The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use North The subject proposal is consistent with the intent of the MU -N zoning designation by allowing for commercial, office, retail, restaurant and recreational uses. The surrounding areas to the west, north, south and east are developed, or planned to be developed, with office uses, research and development, restaurants, and hotels The properties to the north, south, and east are zoned Mixed -Use North (MU -N), and to the west Corporate Office (CO). 6 The project site is located within the northeast portion of the City of El Segundo, approximately one quarter -rmle west of the San Diego (I -405) Freeway and one mile south of the Glenn Rew 2437 118 Anderson (I -105) Freeway. The Metro Green Line and a station at Manposa Avenue are located adjacent to, and north of, the project site Local jurisdictions near the site include the City of Los Angeles located north of Imperil Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced facts for the subject project, the GACC Project Approvals and the information contained therein, the Initial Study and the MND for the GACC, and the testimony and other evidence offered at the public hearing, the Commission grants CUP 98 -8 and approves PDS No 98 -3 and makes the following findings in support thereof 1. General Findings (a) Reliance on Record Each and all of the findings and determnations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project The findings and determinations constitute the independent findings and determinations of the Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole (b) Nature of Findings. Any finding made by the Commission shall be deemed made, regardless of where it appears in this document All of the language included in this document constitutes findings by the Commission, whether or not any particular sentence or clause includes a statement to that effect. The Commission intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Commission with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings (c) Limitations. The Commission's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist One of the major limitations on analysis of the Project is the Commission's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework (d) Summaries of Information. All summaries of information in the findings to follow are based on the evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact (e) Mitigation Measures. These findings are based on the various mitigation measures which were required and adopted in the implementation of the GACC Project as recommended by the MND or identified by the MND as already having been incorporated into the Project. 12 119 Rew 2437 2. General Plan Consistency (a) Economic Development Element - -The CUP and the Sports Training and Recreational Facility ( "Facility ") are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1 1, 12, 2 1 and 2 2, in at least the following ways. (1) The Project will improve the City's tax base by bringing commercial development to a vacant parcel of property (2) The Project will diversify and expand the City's economic base by developing a mix of new commercial, retail, office, and recreational activities on the Property (3) The Project will contribute to the investment in the City's infrastructure by contributing to traffic improvement projects in the vicinity of the Property and facilitating the reclamation of water by installation of a connection to El Segundo Boulevard water line (b) Land Use Element - -The CUP and the Facility are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1.1, 1 2, 14, 3 1, 3 2, 3 5, 3 6, 4 3, 4 4, 4 6, 4 7, 4 8 and 7 -2 3, in at least the following ways (1) The Property is zoned Urban Mixed Use - -North That zoning designation provides for a mixture of compatible commercial, office, research and development, retail and hotel uses The Project entails many of these identified uses, such as commercial, office, and retail, and additionally recreational uses (2) The Project will provide mixed uses, including commercial uses, in close proximity to the MTA Green Line (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile (4) Landscaping shall be provided throughout the which shall be maintained by automated irrigation systems (5) The Project shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations (6) The Project provides pedestrian links in the appropriate areas. (7) The Project utilities shall be placed underground (8) The Project shall not impact the quality or adequacy of the City's various 5 120 Re,. 2437 public services, such as police, fire and library services (9) The Project shall promote a stable tax base for the City through commercial uses (c) Circulation Element - -The CUP and the Facility are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies C 1 -1 8, 1 13, 3 2, 2 -1 1, 14, 17, 2 2, 3 3 and 5. 1, in at least the following ways (1) The Project will mitigate project- related transportation impacts to below the level of significance (2) The Project will provide the necessary amount of parking by on -site and off- site means (3) The Project will comply with any applicable regulations regarding preferential parking areas and/or promotion of ride share (4) The Project will provide pedestrian and bicycle access to the site (5) The Project will promote and enhance the use of the MTA Green Line, which is adjacent to two comers of the GACC Property (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as ridesharing, carpooling and preferential parking (7) The Project will provide access to emergency vehicles (d) Open Space and Recreation Element - -The CUP and the Facility are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS 1 -2 3, 2 5, 2 8 and 5.2, in at least the following ways (1) The Project will provide a Sports Training and Recreational Facility open to public and private uses (2) The Project will provide open space areas, landscaping and street trees. (e) Conservation Element- -The CUP and the Facility are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways- (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water Z 121 Re,o 2417 (2) Reclaimed water shall be provided for landscaping uses by installation of a connection to the El Segundo Boulevard water line Through the use of appropriate landscaping and setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood (3) No existing landscaped area will be lost since there are no such areas presently at the Property (4) The Property does not contain any rare or endangered plant or animal species (f) Noise Element The CUP and the Facility are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards (g) Air Quality Element The CUP and the Facility are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1 1, 12, 12-12 and 13, in at least the following ways (1) The Project will mitigate air quality impacts to a level of insignificance by implementing various traffic mitigation measures and complying with applicable rul @s by the South Coast Air Quality Management District (e.g, Rule 403) (2) The Project will incorporate energy conservation measures, including motion - sensitive light activation switches and applicable State energy conservation measures 3. Findings Required For Conditional Use Permits (a) Development of the sports trainingtrecreational facility requires issuance of a conditional use permit pursuant to Title 20 of the Municipal Code ( "Zoning Code "), Chapter 20.74, of the City of El Segundo ( "City ") The building for the Sports Training and Recreational Facility will be approximately 135,000 square feet and 40 feet in height Among other things, the Sports Facility will house a basketball court, skating rinks, lockers and showers, offices and ancillary retail and food services Access will be provided from the southbound acceleration/deceleration lanes on Nash Street (b) The location of the Sports Training and Recreational Facility is in accord with the objectives of the Zoning Code and the purposes of the MU -N Zone The Property is currently vacant, Rew 2437 1 2 41 so the proposed development will further the goal of re -use of this site The Sports Training and Recreational Facility is accessible by existing streets and the MTA Green Line, and will be serviced by existing infrastructure (L& sewers, utilities, storm drains) The MU -N Zone seeks to promote a variety of mixed uses, such as office, retail and hotel uses The GACC Project entails those permitted -by -right uses and the sports training /recreational facility will be compatible with those uses Similarly, the Sports Training and Recreational Facility will be compatible with the existing adjacent uses in this Zone, which consist of office, light industry and certain public facilities Among other things, the Sports Training and Recreational Facility will provide approximately 27,236 square feet of landscaping and will use building materials that are of the type and color that are compatible with the surrounding uses (c) The Sports Training and Recreational Facility will not be detrimental to the public health, safety or welfare, and will not be materially injurious to the nearby properties All potential impacts of the Sports Training and Recreational Facility and the Project have been analyzed in the GACC Initial Study and the MND, which have concluded that no aspect of the Project will cause a significant environmental impact In addition, the proposed amendments to the protect do not involve substantive changes to the previous approvals Therefore, pursuant to the State and local CEQA Guidelines, no further environmental review is necessary With respect to nearby Properties, the Sports Training and Recreational Facility will be compatible with those existing adjacent uses in this Zone, which consist of office, hotel, light industry and certain public facilities Among other things, the Sports Training and Recreational Facility will provide approximately 27,236 square feet of landscaping and will use building materials that are of the type and color that are compatible with the surrounding uses (d) The Sports Training and Recreational Facility will comply with the applicable provisions of Chapter 20 74 of the Zoning Code, as more fully described in the attached conditions, and the original Conditions and Mitigation Measures for the GACC 4. Findings Required For Parking Demand Studies (a) Chapter 20 54 030 of the Zoning Code requires a parking demand study for uses for which the number of needed parking spaces is not specified in the Code Consequently, the Owner has applied for PDS 98 -3 to Amend PDS 98 -1 for the Sports Training and Recreational Facility (b) A supplemental parking demand study has been prepared, which provided the required information concerning the proposed increase in floor area Based on the Parking Demand Study for the entire GACC Project, the number of parking spaces needed for the Sports Training and Recreational Facility is 265 during the weekdays On Saturday during the peak use, an additional 40 spaces will be required These will be accommodated on Project Area #3, which is an office use, or in another area if approved by the City. Additionally, special events will require prior approval of a Temporary Use Permit, including parking plan to ensure all parking demand will be accommodated The subject amendment to the parking demand study concludes that additional parking will not be generated in that no new amenities will be provided and the size of the increase is less than 20 percent. The City's traffic consultant concurs with the applicant's finding that parking 8 Rego 2437 123 demand is generally constant for facilities with the same amenities and within a 10 to 20 percent size range (c) Adequate parking will be provided on -site or on adjacent sites which are readily accessible to the subject site via surface parking and parking structures to accommodate the proposed increase in floor area 5. Findines Required Under CEOA (a) Approval of a Conditional Use Permit and Parking Demand Study is typically subject to the requirements of CEQA In connection with, and as a basis for the Planning Commission approval of the original Conditional Use Permit and Parking Demand Study (CUP 98 -2 and PDS 98- 1), the Commission adopted the CEQA Findings detailed in Resolution No 2413, in which the MND was adopted, which incorporated those Findings herein as though they were set forth in full (b) An Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required. In addition, according to the City's Local CEQA implementation Procedures (Resolution No 3805) Sections 5(13)(2)(111), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety deterrmnes that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment (c) 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 (d) That the Planning Commission authorizes and directs the Director of Plammmg and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de rmninus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby approves Conditional Use Permit No CUP 98 -8 and Parking Demand Study No PDS 98 -3, subject to the following conditions 9 Rem 1437 12 �� I Prior to approval of the building plans, the applicant shall develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a deterrmnation regarding the need for Planning Commission review of the proposed modification 2 Prior to the issuance of a building permit, the applicant shall submit an overall Security and Crime Prevention Plan, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall address, but not be limited to, as indicated in the preliminary Police Department memorandums dated February 24, November 10 and December 1, 1998, the following a Monument and directional signs, b Addressing, c Lighting, d Telephones, e Landscaping, f. Trash dumpsters (including space for recyclable materials), g Security cameras and alarms, h Fences, walls, 1. Security doors and hardware, Office, k Outdoor, in -line skating facility; 1 On -site security personnel, M Parking, n Secured parking and general security for professional athletes and team areas, o Cash management system, including safes, and cash registers, p Public locker rooms, q Exterior stairwell enclosures, r Exterior ladders, s Exit doors, t Shipping/Receiving dock area, and U Smooth surface front desk, cash register and service counter materials All Security and Crime Prevention Plan measures shall be installed per the approved plans or shall be operational prior to the issuance of a certificate of occupancy for the applicable main building 10 Re%o 2437 1�5 3 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 -467, Conditional Use Perrmt No CUP 98 -8 and Parking Demand Study No, PDS 98 -3, Amendment to Grand Avenue Corporate Center Pro3ect Area 4 (Plan B) 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 Comrmssion as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the Planning Coninussion action, unless an appeal in writing is filed with the City Council PASSED, APPROVED AND ADOPTED this 10th day of December, 1998. Bret B *4d, AI Director Brian Crowle , Chairman j of Planning and Bui ding Safety, and of the Planning Commission Secretary of the Planning Commission of the City of El Segundo, of the City of El Segundo, California California 11 Re,o 2437 126 CUP PDS VOTES - Crowley - Aye Aye Wycoff - Aye Aye Palmer- Aye Aye Boulgarides - Aye Aye Kretzmer - Aye Aye 11 Re,o 2437 126 RESOLUTION NO. 2438 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVAL OF DEVELOPMENT AGREEMENT NO. DA 98 -2 FOR AN AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER, PROJECT AREA FOUR (PLAN B), AND ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY AT 555 NORTH NASH STREET AND RECOMMENDING ADOPTION OF FINDINGS IN SUPPORT THEREOF. PETITIONED BY L.A. ICE VENTURE COMPANY, LLC. RECITALS WHEREAS, the project applicant, L A Ice Venture Company, LLC ( "Owner "), owns certain real property, 5 95 acres in size, generally located along the west side of Nash Street south of Manposa Avenue and north of Grand Avenue (the "Property "), in the City of El Segundo ( "City "), and, WHEREAS, the Owner proposes to amend the previous approvals of the Development Agreement (DA 98 -1) to allow an additional approximate 15,000 square feet for a total of 135,000 square feet on the property for a Sports Training and Recreation Facility ( "Project ") within the Grand Avenue Corporate Center (GACC); and, WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone ") The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses, and recreational facilities with approval of a conditional use permit, and, WHEREAS, in connection with development of the GACC, the GACC Owner submitted applications for approval of Environmental Assessment No EA -430, Vesting Tentative Tract Map No. 52427 (Subdivision 98 -1); Conditional Use Permit No. CUP 98 -2, Parking Demand Study No 98 -1, and Development Agreement No DA 98 -1; and, WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and, WHEREAS, a Notice of Intent for the GACC Project to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998 The MND, including the Initial Study, was circulated for 1 M 127 public review and comment on March 4, 1998 Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties Notice of the MND was also mailed to all interested parties The 30 -day comment period for the MND ended on April 3, 1998, and, WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the GACC Project, including the Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project, and, WHEREAS, at said hearing the facts for the GACC Project as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement for the GACC Project, and, WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public hearings to consider the GACC Project and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project; and, WHEREAS, at said hearings the facts for the GACC as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, WHEREAS, on May 19, 1998 the City Council adopted Ordinance No 1287 and Resolution No 4063, Approving the Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement for the GACC Project, and, WHEREAS, an Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No. 3805) Sections 5(B)(2)(iii), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety 2 128 determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805), and, WHEREAS, on December 10, 1998, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -467 and Development Agreement Amendment 98 -2, and, WHEREAS, at said hearing the following facts were established The project site consists of 5.95 acres. The project consists of a Sports Training and Recreation Facility with approximately 135,000 square feet with a maximum floor area ratio of 0.52.1. 3 The subject proposal is covered by the following previous approvals and agreements Environmental Assessment EA430, Subdivision 98 -1 for Vesting Tentative Map No 52427, Conditional Use Permit No. 98 -2, Parking Demand Study No 98 -1 and Development Agreement 98 -1, which were approved by Planning Commission Resolution Nos 2413, 2414, 2415 and 2416, respectively, and City Council Ordinance No 1287 and Resolution No 4063 A Development Agreement (Instrument No 98- 1109405) was executed on June 30, 1998 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time 4 The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use North. The subject proposal is consistent with the intent of the MU -N zoning designation by allowing for commercial, office, retail, restaurant and recreational uses. The surrounding areas to the west, north, south and east are developed, or planned to be developed, with office uses, research and development, restaurants, and hotels The properties 123 to the north, south, and east are zoned Mixed -Use North (MU -N), and to the west Corporate Office (CO) 6 The project site is located within the northeast portion of the City of El Segundo, approximately one quarter -rmle west of the San Diego (I -405) Freeway and one nule south of the Glenn Anderson (I -105) Freeway. The Metro Green lane and a station at Manposa Avenue are located adjacent to, and north of, the project site Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced facts for the subject project; the GACC Project Approvals and the information contained therein, the Initial Study and the MND for the GACC, and the testimony and other evidence offered at the public hearings, the Planning Commission recommends that the City Council approve Development Agreement No 98 -2 (Amendment to D A 98 -1) and make the following findings in support thereof 1. General Findings (a) Reliance on Record Each and all of the findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project The findings and determinations constitute the independent findings and determinations of the Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole (b) Nature of Findings. Any finding made by the Commission shall be deemed made, regardless of where it appears in this document All of the language included in this document constitutes findings by the Commission, whether or not any particular sentence or clause includes a statement to that effect The Comtmssion intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Commission with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings (c) Limitations The Commission's analysis and evaluation of the Project is based on the best information currently available It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist One of the major limitations on analysis of the Project is the Commission's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limtations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework (d) Summaries of Information. All summaries of information in the findings to follow are based on the evidence in the record The absence of any particular fact from any such summary 4 130 is not an indication that a particular finding is not based in part on that fact (e) Mitigation Measures. These findings are based on the various mitigation measures which were required and adopted in the implementation of the GACC Project as recommended by the MND or identified by the MND as already having been incorporated into the Protect 2. General Plan Consistency (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1 1, 1.2, 2.1 and 2.2, in at least the following ways (1) The Project will improve the City's tax base by bringing commercial development to a vacant parcel of property (2) The Project will diversify and expand the City's econoimc base by developing a mix of new commercial, retail, office and recreational activities on the Property (3) The Project will contribute to the investment in the City's infrastructure by contributing to traffic improvement projects in the vicinity of the Property and facilitating the reclamation of water by installation of a connection to El Segundo Boulevard water line (b) Land Use Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1 1, 12, 14, 3 1, 3 2, 3 5, 3 6, 4 3, 4 4, 4 6, 4 7, 4 8 and 7 -2 3, in at least the following ways (1) The Property is zoned Urban Mixed Use - -North That zoning designation provides for a rmxture of compatible commercial, office, research and development, retail, restaurant and hotel uses The Project entails many of these identified uses, such as office, retail, and restaurant, and additionally recreational uses (2) The Project will provide mixed uses, including commercial uses, in close proximity to the MTA Green Line (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated irrigation systems (5) The Protect shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations. 5 1 31 (6) The Project provides pedestrian links in the appropriate areas (7) The Project's utilities shall be placed underground (8) The Project shall not impact the quality or adequacy of the City's various public services, such as police, fire and library services uses (9) The Project shall promote a stable tax base for the City through commercial (c) Circulation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies C1 -1.8, 1 13, 3 2; 2 -1 1, 14, 1.7, 2.2, 3 3 and 5 1, in at least the following ways (1) The Project will mitigate project- related transportation impacts to below the level of significance (2) The Project will provide the necessary amount of parking by on and off -site means (3) The Project will comply with any applicable regulations regarding preferential parking areas and/or promotion of ride share (4) The Project will provide pedestrian and bicycle access to the site (5) The Project will promote and enhance the use of the MTA Green Line (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as ridesharing, carpooling and preferential parking (7) The Project will provide access to emergency vehicles (d) Open Space and Recreation Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS 1 -2 3, 2 5, 2 8 and 5 2, in at least the following ways (1) The Project will provide various on -site recreational facilities, such as a sports training /recreational facility open to public and private uses (2) The Project will provide open space areas, landscaping and street trees (e) Conservation Element - -The Project and the Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in 132 at least the following ways (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water (2) Reclaimed water shall be provided for landscaping uses by installation of a connection to the El Segundo Boulevard water line. Through the use of appropriate landscaping and setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood (3) No existing landscaped area will be lost since there are no such areas presently at the Property (4) The Property does not contain any rare or endangered plant or animal species (f) Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards. (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1 1, 12, 12-12 and 1 3, in at least the following ways (1) The Project will mitigate air quality impacts to a level of insignificance by implementing various traffic mitigation measures and complying with applicable rules by the South Coast Air Quality Management District (e.g., Rule 403) (2) The Project will incorporate energy conservation measures, including motion sensitive light activation switches and applicable State energy conservation measures 3. Zoning Consistency (a) The Property is zoned Urban Mixed Use - -North This zoning designation provides for a mixture of compatible commercial, office, research and development, retail, restaurant, and hotel uses The Project entails many of these identified uses, such as office, retail, restaurant, and additionally recreational uses (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1. 1.30 The Project FAR is consistent with the maximum allowed ratios provided by 7 133 zoning, at 0 52 1 FAR 4. Findings Required For Development Agreements (a) The Development Agreement is entered into pursuant to City Council Resolution No 3268 and California Government Code Sections 65864 through 65869 5 (b) In accordance with that law, the Development Agreement identifies (1) the pernutted uses as set forth in the amendment, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in and, incorporated by reference in Ordinance No 1287 (c) Further in compliance with the above referenced law, the original Development Agreement adopted by Ordinance No 1287, and incorporated herein by reference, contains the following provisions- Periodic review at least every twelve (12) months as set forth in paragraph 10 • A demonstration of good faith compliance upon review as set forth in paragraph 10 • A fixed duration for the development agreement as set forth in paragraph 13 • The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B • Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8 • Time when construction shall commence as set forth in paragraph 6 • Time when construction shall be completed as set forth in paragraph 6 (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following (1) Development of a property that is currently vacant and unused (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses Plan (3) Increase in employment opportunities for the City's citizenry (4) Development of a project that will increase the use of the WA Green Line (5) Development of a project that is consistent with the elements of the General (6) Development of a project that will not cause any significant environmental 134 K impacts. (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property (e) The project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1 allowing an approximate 15,000 square foot increase in the Sports Training and Recreation Facility results in a FAR of 0 52. 1, which is below the maximum permitted by the General Plan for the subject site. Furthermore, adequate parking is provided for the subject expansion on -site and on the adjacent parcel. (f) The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that Sports Training and Recreation facilities are compatible with the uses permitted in the Mixed Use — North Zoning district (g) The project is in conformity with the public convenience, general welfare and good land use practice in that the proposed floor area increase will make the best use of the land area available and a portion of the increase will be devoted to general public circulation, viewing and locker areas within the Facility and thus further benefit the public convenience. (h) The project will not be detrimental to the health, safety and general welfare in that it is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and is subject to review and approval by the City including on -site inspections during construction, prior to occupancy, and parking review after occupancy (1) The proposed amendment to the previously approved protect will not adversely affect the orderly development of property or the preservation of property values in that it will benefit and make feasible the previously approved project 5. Findings Required Under CEOA (a) Approval of a development agreement is typically subject to the requirements of CEQA In connection with, and as a basis for the City Council approval of the original Development Agreement, Ordinance No 1287, the Council adopted the CEQA Findings detailed in Resolution No 4063, in which the MND was adopted, which incorporated those Findings herein as though they were set forth in full (b) An Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(B)(2)(iii), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety 0 135 determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental impacts and deterrmned that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment (c) 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 (d) That the Planning Commission recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de nummis finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall subrrut to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve Development Agreement No DA 98 -2, and Environmental Assessment EA -467 subject to the following conditions 1 Prior to approval of the building plans, the applicant shall develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification 2 Prior to the issuance of a building permit, the applicant shall submit an overall Security and Crime Prevention Plan, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall address, but not be limited to, as indicated in the preliminary Police Department memorandums dated February 24, November 10 and December 1, 1998, the following a Monument and directional signs, b Addressing, c Lighting, d Telephones; e. Landscaping, f Trash dumpsters (including space for recyclable materials), g Security cameras and alarms, h Fences, walls, Security doors and hardware, Office, 10 136 k. Outdoor, in -line skating facility; 1. On -site security personnel, m Parking, n Secured parking and general security for professional athletes and team areas, o. Cash management system, including safes, and cash registers, p Public locker rooms; q Exterior stairwell enclosures, r Exterior ladders, s Exit doors, t Shipping/Receiving dock area; and u Smooth surface front desk, cash register and service counter materials All Security and Crime Prevention Plan measures shall be installed per the approved plans or shall be operational prior to the issuance of a certificate of occupancy for the applicable main building 11 137 3. 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-467 and Development Agreement 98 -2, Amendment to Grand Avenue Corporate Center Project Area 4 (Plan B) BE IT FURTHER RESOLVED 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 APPROVED AND ADOPTED this 10th day of December, 1998. Bret B,l Bkmar(y, AICP, Direo(or of Pldnning and Building Safety, and Secretary of the Planning Con mssion of the City of El Segundo, California VOTES Crowley (Chairman)- Aye Wycoff (Vice - Chairman) - Aye Boulgarides - Aye Palmer — Aye Kretzmer - Aye IF 13� 12 n r i •• � c Brian Crowley, Chairman, of the Planning Commission ' of the City of El Segundo, California p %proiect\ea467heQ438 is to t sitting, causing problems with trash and old cars being left there The projec� woul Iso create more customers for Downtown Chairm\Croey closed the public hearing Chairmstated they have to look at the balance between r ldentia l and commeommercial needs to be distributed throughout t residential for closer pa residents If other properties along Rich d want to do the same tha to come to the Commission for a Gen al Plan Amendment and a Zdm nt Commissioners Palmer an Bouigandes agreed a de ion needs to be made and this project should be appro Vproject Commissioner Kretzmer fe is ry consistent with the Downtown vision, with the exception r nd floor retail He feels something needs to be done with the lct is appropriate to the area and would be a welcome addition He ested that the Commission recommends approval of the project to th Vice -Chair Wycoff stated these quests sh Id not be taken lightly because they change the General Plan whic eflects the G 's vision for the future He feels this request is in line with the DON wn vision and ovides an opportunity for the City Council to get input from tDiff Commission Chairman Crowley is Ao in favor of approving this proPkct Commissioner 1390gandes moved to approve EA-447 an Commissioner Palmer MOTION seconded Pas d 5 -0 Ms Jester ggested a special adjourned meeting to adopt a Res tion to expedite this Item the City Council for their meeting of January 5, 1999 T Commission agreed n December 21, 1998 at 6 00 pm Chairman Crowley presented New Business, Item A, EA467, Development EA-467 Agreement 98 -2, Conditional Use Permit No 98 -8 and Parking Demand Study No 98 -3 (Amendments to DA 98 -1, CUP No 98 -2 and PDS 98 -1) Address 555 North Nash Street (Project Area 4), Applicant and Property Owner L A Ice Venture Company, LLC (Ted Fikre) Contract Planner Emmanuel Ursu presented the Staff Report as outlined in the Agenda Packet Chairman Crowley opened the public hearing Ted Fikre, L.A. Ice Venture Company The original uses they intended back in April have not changed They have discovered that the Lakers needed more space for their training facilities than what was anticipated The WNBA franchise for the Sparks will use the facility (as originally proposed) during the summer months and this will not overlap with the 12 -10mm PC 1 3 9 4 Commissioner Palmer asked about the recommendations that came frgfn the Task Force Ms J ster stated Council asked Staff to possibly develop a Sp cific Plan for the Downtow There would be meetings held with the p lic, Planning Commission, th Downtown Task Force and the community to get veryone's input and examples f m other cities The time frame for com etion would be approximately a y r The Council will be discussing this i more detail and providing more directs on December 15, 1998 Commissioner Kretzmer ked if there have been any spe is objections raised to the building of this kind of p ect on this particular sites M Jester stated no Commissioner Boulgandes sta d the project is consist t with the Downtown Plan and seems like an appropriate u and fits into the fra ework of trying to revitalize the Downtown Ms Jester stated if this Item is appro ed or dense by the Planning Commission, it will automatically go to the Council r Chel en stated it would have to be brought back to the Planning Commissio to app ve a Resolution Chairman Crowley opened the public Cheryl Vargo, Representing Jim They filed their application for this reques on Jun 30, 1998 and were not informed about the formation of a Task Force fintil they ere well within their process Shortly after, Mr Obradovich paid fee to ex) ere the application for the Environmental Assessment and are xious for the ommission to approve the project It is an appropriate use for t site, is not prece ent setting and is currently a vacant lot Anyone who buys in t e area will not have n undue impact to them because of their proximate comm aal uses Because its location, it will not impact the financial feasibility of th Downtown zone Because there is no commercuse currently at the location, she feels the Fiscal Analysis of Residential versus /Commercial is not necessary hey have already paid the City $750 to do this eybivation, and they still don't have it finalized. Ms Jester stated staff has epared the Fiscal Impact Analysis an he information provided to them from the plicant was incomplete Ms Vargo tho ht the issued had been clarified and t ere was a misunderstanding, The circ stances of continuing this Item is pla ng an extreme hardship on the applicant Jim Obradovich, If the Item is extencjbd he could possibly lose the property He extendld the escrow, but sooner cf later this will stop He would like the project to proceed \ John Bagwell, 40f Richmond Street, #8, El Segundo He and his neighoors would like something done with the lot and more compatib with their location Residential would be the most appropriate Currently, the area 12 -1 Omin PC 140 3 Lakers Therefore, there won't be any increased parking The Lakers and Kings found they needed more space regarding circulation and the calculations of the gross size was underestimated The retail space will be increased by 1,000 square feet and an additional 1,000 square of storage area was added Also an additional 2,000 square feet of leased retail area will be added They would like to do a Game Works facility but this is a concept still in development, and not part of this application The offices will be used year round and the management staff will be working full time The addition of the Sparks to the facility will not impact the use of the offices Vice -Chair Wycoff asked for a description of a Game Works facility Mr Fikre stated it is an interactive entertainment area There are other Game Works facilities in the area including Irvine and Ontario which are significantly larger Mr Fikre stated the project is moving along well and they anticipate the opening being in late 1999 Chairman Crowley closed the public hearing Chairman Crowley stated the change in FAR is very small and there won't be additional impact on the parking He sees no problem with the increase Vice -Chair Wycoff agreed Chairman Crowley moved to accept EA-467 and Vice -Chair Wycoff seconded. Passed 5 -0 Ms Jester stated there are two separate actions and two Resolutions The Commission is approving the Conditional Use Permit and the Parking Demand Study along with the environmental review which is appealable to the City Council in a 10 day period The Development Agreement is a separate Resolution and is a recommendation to the City Council which is scheduled for their meeting of December 15, 1998 _ �� w _ Chairman Crowley presented Item B, EA- 450/Vanance 98/2/Smokt>4ff1ow Site Plan 98 -1 Address 1017 East El Segundo Boulevard Appli and Property OwnerStoraae USA Assistant Planne ul Garry presented the Staff Re as outlined in the Agenda Packet Chairman Crowley opened the p he g David Amestoy, Architect for t rofec They are looking for an i ease in size from the 5 uare feet allowed Storage USA is a new owner the facility and like to have calfbtaker units in all of their facilities They I it is a benefit to the community an managers and employees in the facility They cannot attract the personnel thVy, need with units tha a smaller than 1200 square feet There storage facility is very large with 12 -1 Omni PC 1 4 1 5 MOTION EA-450 • lot of square footage to take care of They are looking for respons/pe e with a family to ta ke care of the facility They are co cerned with requiring one foot candle of lighting arentire facility and fe it is an excessive requirement They feel the scope ect is limited to the fr t comer of the budding They would also lice the windows in the living space of the residence not be required to have th black glass to match the existing black ,glass on the budding They would like the o�tion of going with a clear or lightly shaded glass in the living space Vice -Chair Wycoff asked w at is the typical size of caretaker units the applicant has dealt with in the past? Mr Arnestoy stated typically they are 1400 square feet with two bedrooms, two small baths, kitchen, dining room and a living room They would like to provide a family living errwironment They usually don't see children in these facilities ti Commissioner Palmer asked hove much parking is available currently? Mr Amestoy stated roughly 65 total Chairman Crowley was concerned about putting a residential use into a budding which is more of a potentially hazard envuronment than a typical residential facility if you don't know what is being stored in the facility Mr Amestoy stated there is a two -story budding in the corner where the caretaker facility will be located which is directly above the office space All 'the requirements would have to be met for Code for exiting, etc Fire and Building Codes require there be an occupancy separation A one hour occupancy separationk would be constructed between the storage facility and caretaker unit , Ms Jester stated they can have the applicant 4york with the Police Department regarding the one foot candle illumination around the facility She feels one foot candle is not that intense and they may already meet the requirement The Draft Resolution refers back to the recommendations of 1} a Police Department in their November 14 memo Wordsmithing would not be necetssary since the memo stated "should be provided around the entire budding," and gives staff flexibility Vice -Chair Wycoff asked if there are lights around the Whole budding currently? The applicant stated/there are 8 -10 150 watts sodium lights that go around the budding Ms Jester stateci'the original Resolution that approved the original storage facility did have requioements of prohibiting the storage of flamma`�le, explosive and hazardous materials on the property and these conditions are still alid and apply Chairman C wley closed the public hearing Chairman rowley feels this application leads to the conclusion that ey need a Zoning Text change applying to Smoky Hollow and is having a hard tim with Item B of the Variance They need a rational that makes this property different than everybody else in the Zone 12 -10mm PC 1 Q 2 CITY OF EL SEGUNDO INTER- DEPARTMENTAL CORRESPONDENCE Meeting Date- Thursday, December 10, 1998 TO: Honorable Chairman and Members of the Planning Commission FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety i THROUGH: Laurie B. Jester, Senior Planner STAFF �L7 PLANNER: Emmanuel Ursu, Contract Planner SUBJECT: Environmental Assessment EA -467. Development Agreement 98 -2. Conditional Use Permit No. 98-8 and Parking Demand Study 98 -3 Amendment to Grand Avenue Corporate Center Proiect Area 4 (Plan S) Address: 555 North Nash Street Applicant: L.A. ice Venture Company, LLC (Ted Fikre) REQUEST The proposed amendments consist of an increase of approximately 15,000 square feet in the size of the previously approved, but yet to be constructed, Sports Training and Recreation Facility The increase will result in a Facility consisting of a total of approximately 135,000 square feet The proposed Facility site is 5.949 acres and is a part of the 1 15 million (Plan A) or 732,692 (Plan B) square foot Grand Avenue Corporate Center Project, previously approved by the Planning Commission and the City Council The Grand Avenue Corporate Center project is a mixed -use development on approximately 23 acres of vacant land on the west side of Nash Street, between Manposa Avenue and El Segundo Boulevard The proposed amendments will result in a slight increase from 0.50:1 to 0.52.1 Floor Area Ratio (F.A.R.) for the subject site. Development Agreement 98 -1 restricted construction of a Sports Training and Recreation Facility on the subject site to a total of 120,000 square feet, and the size of the amenities within the facility including: 1) the office space to 15,000 square feet, 2) the snack bar to 1,500 square feet, 3) the restaurant to 3,000 square feet, and 4) the retail space to 4,000 square feet. The applicant is requesting approval to increase the size of the facility as follows: Amenity/Use Approved Size Proposed Size Net Increase Administrative Team Offices 15,000 15,500 500 Snack Bar 1,500 1,500 0 Restaurant 3,000 3,000 0 Retail Space 4,000 7,000(1) 3,000 Two ice rinks, one basketball court, private team areas and public areas Balance of facility (96,500) 108,000(2) 11,500 143 EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 Total Sports Training and 120,000 sq. ft. 135,000 sq ft 15,000s ft Recreation Facility 1) Of the 7,000 square foot retail space 4,000 square feet is allocated to a merchandise shop, 1,000 square feet to merchandise storage and 2,000 square feet for other leased retail space 2) The individual size of the uses listed in this row were not restricted in the original Development Agreement Increased floor area is specifically attributed to the team locker rooms and training areas and general public spaces such as the lobby, circulation, public lockers, and viewing area No additional spectator seats are proposed No changes to the primary uses nor to the amenities will be made as a result of the requested increase, although a separate Conditional Use Permit application has been submitted for a proposed "Gameworks" Facility to occupy the additional 2,000 square feet of leased retail space. This application is currently incomplete and will be the subject of a subsequent, fully noticed public hearing The table above indicates a distribution of the 15,000 square foot increase that is different than that indicated in the Notice of Public Hearing, as the Notice reflected information provided in the applications submitted to the City. Later, the applicant clarified and corrected the information, therefore, the table above provides accurate proposed size increases in relationship to the approved Development Agreement As a result of this clarification, the potential for impacts from the proposed project are less than those originally anticipated by Staff when the Notice of the Hearing was prepared The site is designated in the City's General Plan and Zoning Code as Urban Mixed Use -North (MU -N). The following current applications are proposed. 1) Environmental Assessment (EA -467) California Environmental Quality Act (CEQA) - A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site. In Staff's opinion, the proposed amendments do not involve substantial changes to the previous approvals. Therefore, pursuant to State and local CEQA Guidelines Section no Wither environmental review is required 2) Development Agreement Amendment (DA 98 -2) — Amendment to DA 98 -1 to increase by approximately 15,000 square feet the floor area allowed in Project Area 4 of the Grand Avenue Corporate Center Project There are no other changes to the Development Agreement proposed. With the additional 15, 000 square feet the FAR for the site will be 0.52:1 3) Conditional Use Permit (CUP 48-81 — Amendment to Conditional Use Permit 98 -2 to reflect the increase in the size of the Sports Training and Recreation Facility from 120,000 square feet to approximately 135,000 square feet No changes to the hours of operation of the Facility nor to its uses are proposed. 4) Parking Demand Study (PDS 98-3) — Amendment to Parking Demand Study 98 -1 to analyze the parking demand generated by the proposed increase in floor area. Actions on the Conditional Use Permit, parking demand study, and the environmental clearance (CEQA) for these two applications are taken by the Planning Commission and action on the Development Agreement and environmental clearance (CEQA) for the Development Agreement will be taken by the City Council subsequent to the Commission's review and recommendation to the Council 144 EA467, CUP 98 -8, PDS 98 -3, DA 98 -2 The Planning Commission's recommendation on the subject Environmental Assessment and Development Agreement application is scheduled to be heard at the December 15, 1998 City Council meeting. RECOMMENDATION The Planning Division recommends that the Planning Commission take the following actions Adopt Resolution No 2437, approving Conditional Use Permit No 98 -8, Parking Demand Study No 98 -3, and Environmental Assessment 467 to allow the previously approved Sports Training and Recreation Facility to be expanded by approximately 15,000 square feet, subject to additional conditions of approval, and accepting as adequate the previously prepared and certified mitigated negative declaration for the proposed expansion of the Sports Training and Recreation Facility. 2 Adopt Resolution No 2438 recommending that the City Council approve Development Agreement No 98 -1 and Environmental Assessment No 467 amending the previously approved Development Agreement and accepting as adequate the previously prepared and certified Mitigated Negative Declaration for the proposed expansion of the Sports Training and Recreation Facility Said Resolutions will be distributed to the Planning Commission, under separate cover, prior to the hearing. PROJECT DESCRIPTION Site Specific Boundaries The proposed project site is a 5.95 acre parcel located within the north half of the 23 -acre Grand Avenue Corporate Center project. The Grand Avenue Corporate Center project is located on the west side of Nash Street, is bound by Manposa Avenue on the north and El Segundo Boulevard on the south, and is bisected by Grand Avenue There are five project areas within the Grand Avenue Corporate Center Project and in order to give the property owner flexibility, two conceptual plans (Plan "A" and Plan "B') were approved for each project area. The Sports Training and Recreation Facility is Plan "B" of Project Area Four. The subject site is bound by Project Area Three on the south, Project Area Five on the north, Nash Street on the east and an existing business park to the west. An existing Metropolitan Transit Authority (MTA) Green Line transit line runs overhead and parallel to Nash Street in a north -south direction along the eastern property boundary Two elevated Green Line stops are located on the southwest comer of Manposa Avenue and Nash Street and at the southeast comer of El Segundo Boulevard and Nash Street. Current Site Conditions The site is undeveloped, relatively level and devoid of significant vegetation Vegetation on -site is 14'-,) EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 periodically cleared The site perimeter is enclosed by a sic -foot high chain -link fence, with locked gated access at various Iocabons. Public sidewalks are established in the public right -of -way along Nash Street Two easements are located on the project site, an air -right easement for the MTA Green Line located along Nash Street, and a 10 -foot pedestrian easement from the western boundary of the project site which will extend through the project site to accommodate adjacent properties access to the Green Line stations Well access easements will be located within the project site for use in monitoring the on -site methane levels Suffoundina Uses Vacant portions of the Grand Avenue Corporate Center Project border the north and south property lines of the subject site. Beyond the adjacent properties, existing uses in the vicinity include a County of Los Angeles Department of Public Works yard, City of El Segundo Fire Department Station No. 2, and the Norwalk-El Segundo MTA Green Line. In addition, a non - operational, City - owned Hydro Electric Power Facility is located within Fire Station No 2. Business park uses are located along the site's west border including landmarks such as Mattel offices and the Courtyard Marriott Hotel . Other landmarks such as the LAX and Hughes Electronic Corporation further to the north and south respectively, are also located within close proximity to the project site. Properties east of the subject site, across Nash Street are improved with two -story office and light mdustnai facilities. PROPOSED PROJECT Overall Develoament Currently, there is development activity in three of the Grand Avenue Corporate Center project areas Construction on the Infonet site (Project Area Two) began several months ago, and plans have been submitted for the Hilton Garden Inn (Project Area Five) and for the development of the subject Sports Training and Recreation Facility The applicant has expressed the desire to obtain budding permits in January or February 1999 for the Sports Training and Recreation Facility. Approval of the Sports Training and Recreation Facility plans, as submitted for plan check, are subject to the Commission and Council approval of the subject amendments. When the original applications for development of the Grand Avenue Corporate Center project were submitted, the project applicant indicated that subsequent development of the remaining Project Areas (Areas 1 and 3) will be built out as market demand provides to be feasible. The existing development agreement is valid for eight (8) years from the date of original approval. The proposed amendments to Project Area Four will not alter the tern of the development agreement. The developers of the entire corporate center project have indicated that the center is intended to attract small to moderate size company headquarters for its tenants The hotel(s) will also provide moderate amenities, emphasizing its attraction for potential tenants within the business - oriented, mid -range hotel user, and be operational for a 24 -hour period, seven days a week Hours of operation for the office buildings will be from 7 A.M, to 5 P.M., with structures vacated in the evening. Exceptions to this will be some service providers and research and development firms which may work a 24 -hour day. The sport Traming/Recreation Facility will also be open potentially 24 hours a day, seven days a week It will be open for general admission from 7:00 A.M. to 10 P.M and by reservation or for scheduled events between 10:00 P.M. and 7.00 A M Proiect Area 4 Development Two conceptual plans are approved for the subject site; however, the subject amendment only 4 14 u EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 applies to Conceptual Plan "B ", as described below. Conceptual Plan B — allows the construction of a one -story, plus a mezzanine, Sports Training and Recreation Facility, The Facility is approved with 120,000 square feet resulting in a FAR of 0 50 1, and includes 265 on -site surface parking spaces and 40 additional off -site parking spaces in the adjacent parking structure The Sports Training and Recreation Facility will include two ice rinks (one Olympic size rink and one National Hockey League (NHL) size rink), one full size basketball court and an outdoor in -line skating rink The ice rinks will include bench seating to accommodate approximately 500 spectators each There will be limited spectator accommodations for the (n -line skating rink and none for the basketball court. The Facility will be open to the public during all hours of operation (except for the basketball court which is exclusively for use by professional teams) Locker rooms and showers will also be provided In addition, Conceptual Plan B includes ancillary retail and food services Access will be provided from the southbound acceleration /deceleration lanes on Nash Street. Landscaping included around the building perimeter will total about 5,600 square feet. Approximately 27,236 square feet of landscaping will be provided throughout the vehicular use areas At full occupancy, Project Area 4 employment under Conceptual Plan B is projected to be about 50 to 100 full -time personnel Another 100 persons are anticipated to be employed on a part -time basis. Site Features No changes are proposed from the previously approved site features including the building design, vehicular and pedestrian circulation, landscaping, lighting and signage Therefore, review of these items is not necessary. DISCRETIONARY APPROVALS The applicant has requested four discretionary approvals from the City of El Segundo as follows 1) Environmental Assessment (EA -467) California Environmental Quality Act (CEOA) - A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site In Staff's and the City Attorney's opinion, the proposed amendments do not involve substantial changes to the previous project Therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution 3805) Sections 5(13)(2)(iii), and (4)(f) new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Budding Safety determines that no substantial evidence exists that the project may have a significant effect of the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment. The Initial Study and the Certified Mitigated Negative Declaration for the Grand Avenue Corporate Center project examined several environmental topics in detail including project impacts related to air quality, land use plans and policies, traffic/circulation /parking, and hazards Appropriate mitigation measures and a Mitigation Monitoring Program were developed based on input from numerous sources including all City Departments, other public agencies, and members of the public. No changes to the mitigation monitoring program are necessary as a result of the proposed amendments Nevertheless, 147 EA -467, CUP 98 -8. PDS 98 -3, DA 98 -2 a brief discussion of how the environmental issues addressed in the Mitigated Negative Declaration relate to the proposed amendments follows Traffic An analysis of the potential impacts from traffic volumes and parking demand for the increased square footage was prepared by the applicant's traffic consultant, Crain and Associates, and reviewed by the City's Traffic Engineer, Jerry Crab01 of Hartzog and Crabiil The Trip Generation and Parking Demand Studies prepared for the original Sports Training and Recreation Facility as part of the Grand Avenue Corporate Center project (attached hereto as Exhibit "C ") served as the basis for the traffic and parking demand analysis prepared for the subject amendment Mr Crabili agrees with the applicant's conclusion that the very limited new traffic generation from the expansion will not result in a substantive change in traffic volumes, nor in traffic related impacts No traffic impacts are anticipated mainly because, these type of facilities generate trips based on the components or uses provided within the Facility, rather than on the size of the Facility The amenities provided within the subject facility are not changing as a result of the relatively small size increase. Mitigation Measure 31, incorporated in the Mitigated Negative Declaration certified for the Grand Avenue Corporate Center project, requires that an appropriate air quali yltraffic mitigation package be implemented in order to ensure that traffic- related impacts are reduced to less than significant levels Furthermore, Condition No. 36 of the original Conditional Use Permit requires monitoring of parking utilization at six month intervals Pedestrian and Bicycle Circulation No changes in pedestrian and bicycle circulation are required as a result of the proposed amendments The negative declaration certified for the Grand Avenue Corporate Center project included a mitigation measure (Mitigation Measure 34) requiring program and design features for pedestrian and bicycle access (i.e., pedestrian access to Green Line stations; bike racks and paths; and showers for bicyclists and storage lockers). Mitigation Measure 34 also applies to the subject site Rail, Air, and Water Traffic Upon review and approval of the entire Grand Avenue Corporate Center project the City Council determined that the project does not entail a significant generation of, or alteration to, rail lines, water quality, air quality, traffic patterns and traffic volumes. Likewise, Staff does not believe that the proposed amendment will cause a significant generation of, or alteration to the same. In order to ensure that impacts to existing traffic patterns, traffic volumes; parking facilities; hazards to pedestrian and bicycle traffic; and other vehicular or rail traffic are reduced to less than significant levels, the project is subject to 63 Mitigation Measures requiring the development to be constructed in accordance with the approved Development Agreement and Implementation Plan 48 EA467, CUP 98 -8, PDS 98 -3, DA 98 -2 2) Development Agreement Amendment (DA 98 -2) — The subject Development Agreement amends DA 98 -1, increasing by approximately 15,000 square feet the floor area allowed in Project Area 4 of the Grand Avenue Corporate Center Project There are no other proposed changes to the Development Agreement With the additional 15, 000 square feet, the FAR approved for the site will increase from 0 50.1 to 0.521. The actual language in the Development Agreement that will be changed if this amendment is approved is found on page 26 of the attached copy of Development Agreement No 98 -1 (Exhibit "F ") Specifically the following language changes- Exhibit B — Plan 'B "— Maximum Allowable Development Under CEQA Clearance Project Area 4• 135.000 t2A99B s f Recreation /Sports Training and Recreation Facility (includes 45-999 15.500 s f of office space) with a 1,500 s f snack bar, a 3,000 s f restaurant and a 4,099 7,000 s f of retail etere space 14.000 s f merchandise sales floor, 1.000 merchandise storage and 2.000 s f of other leased space) As indicated above, the City Council will act on the Commission's recommendation on the Development Agreement Amendment 3) Conditional Use Permit (CUP 98-6) — The new CUP is an amendment to Conditional Use Permit 98 -2 reflecting the increase in the size of the Sports Training and Recreation Facility from 120,000 to approximately 135,000 square feet. No changes to the hours of operation of the Facility nor to its uses are proposed. Staff recommends that Condition No. 32 for the original Grand Avenue Corporate Center, be modified to incorporate the Police Departments comments and recommendations contained in the Memorandums dated November 10, and December 1, 1998 (Exhibit "G ") Said memorandums further refine and provide more specific comments on public safety and security which affect the following features of the development: 1) block walls, 2) lighting, 3) addressing, 4) landscaping, 5) shipping/receiving dock area, 6) doors and hardware, 7) dumpster, 8) exterior ladders, 9) public telephones, 10) safes, 11) cash registers, 12) counter tops at cash registers and service desks, 13) exterior stairwell enclosures, 14) security cameras, 15) exit doors, 16) professional team area security, 17) public lockers, 18) alarms, and 19) security personnel Staff has discussed these refinements to existing condition No 32 with the applicant, and they have no objections. In addition, two new updated standard conditions of approval are recommended as follows- Prior to approval of the budding plans, the applicant shall develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Budding Safety. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Budding Safety for a determination regarding the need for Planning Commission review of the proposed modification. 2. 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 -467, Development Agreement 96 -2, Conditional Use Permit No. 98 -8 and Parking Demand Study 98 -3, Amendment to Grand Avenue Corporate Center Project Area 4 (Plan B). 149 EA -467, CUP 98 -8. PDS 98 -3, DA 98 -2 The conditions of approval of Conditional Use Permit No. 98 -2 (Exhibit "H ") remain in full effect and are incorporated by reference in the conditions of approval for this Conditional Use Permit application with the aforementioned changes. 4) Parking Demand Study WDS 98-31— The 120,000 square foot Facility, as approved by the City Council, requires 265 on -site parking spaces and 40 additional off -site parking spaces (for weekend and special event use) The applicant's traffic consultant, Crain and Associates studied the impacts that the proposed floor area increase would have on parking demand The applicant's consultant feels that the 305 parking spaces (including the off -site parking) already required will be adequate to accommodate the expanded Facility because the additional floor area will be distributed among uses for which parking demand levels are generally constant despite size increases For example, 11,500 square feet of the increased floor area is allocated to the Lakers and Kings private locker and training areas, the two ice nnks, the basketball court, and public access areas including the lobby, circulation areas, public lockers and public viewing area According to the traffic consultants, these types of facilities within a 10 to 20 percent size range typically generate the same amount of traffic and, consequently, parking demand Furthermore, despite the floor area increase, the applicant has stated that the number of team members, trainers and administrative personnel will remain relatively constant. The remaining 3,500 square foot expansion will be allocated to a 2,000 square foot retail space (potentially a "GameWorks" arcade which would require subsequent public review and Planning Commission approval), the pro shop sales floor and merchandise storage area (1,000 additional square feet) and the administrative offices (500 additional square feet). The retail areas are site - oriented establishments ancillary to the primary ice and roller hockey use and; therefore, those areas will cater to clients already at the Facility With respect to the increase in the administrative offices, which are 500 square feet more than permitted in the original Development Agreement, the applicant believes that additional parking spares will not be required since the administrative offices will typically be fully staffed during the week yet the highest parking demand will be on Saturdays. The City's traffic consultant, Mr Jerry Crabili of Hartzog and Crabill, agrees with the applicant's analysis Staff, therefore, recommends that the Commission not require additional parking spaces FINDINGS Conditional Use Permit Findings Before a Conditional Use Permit may be granted, the Planning Commission shall find that The location of the Sports Training /Recreation Facility is in accord with the objectives of the Zoning Code and the purposes of the MU -N Zone. The Property is currently vacant, so the proposed development will further the goal of re -use of this site The Sports Training and Recreation Facility is accessible by existing streets and the MTA Green Line, and will be serviced by existing infrastructure (e.g. sewers, utilities, storm drains). The MU -N Zone seeks to promote a variety of mixed uses, such as office, retail and hotel uses. The Project entails those permitted -by -right uses and the Sports Training and Recreation Facility will be compatible with those uses Similarly, the Sports Training and Recreation Facility will be 150 EA -467, CUP 98.8, PDS 98 -3, DA 98 -2 compatible with the existing adjacent uses in this Zone, which consist of office, light industry and certain public facilities Among other things, the Sports Training /Recreation Facility will provide approximately 27,236 square feet of landscaping and will use building materials that are of the type and color that are compatible with the surrounding uses 2 The Sports Training and Recreation Facility will not be detrimental to the public health, safety or welfare, and will not be materially injurious to the nearby properties All potential impacts of the Sports Training and Recreation Facility and the Project have been analyzed in the Initial Study and the MND, which have concluded that no aspect of the Project will cause a significant environmental impact In addition, the proposed amendments to the project do not involve substantive changes to the previous approvals Therefore, pursuant to CEQA Guidelines Section 15162 (b), no further environmental review is necessary With respect to nearby Properties, the Sports Training and Recreation Facility will be compatible with those existing adjacent uses in this Zone, which consist of office, light industry and certain public facilities Among other things, the Sports Training and Recreation Facility will provide approximately 27,236 square feet of landscaping and will use budding materials that are of the type and color that are compatible with the surrounding uses 3 The Sports Training and Recreation Facility will comply with the applicable provisions of Chapter 20 74 of the Zoning Code, as more fully described in the conditions of approval Parking Demand Study Findings The Zoning Code contains the follomnng provisions for Parking Demand Studies and Joint Use Parking Chapter 20 54.030 of the Zoning Code requires a Parking Demand Study for uses for which the number of needed parking spaces is not specified in the Code Consequently, the Owner has applied for PDS 98 -3 to amend PDS 98 -1 for the increase in the Sports Training and Recreation Facility. 2 A supplemental Parking Demand Study has been prepared, which provided the required information concerning the proposed increase in floor area Based on the Parking Demand Study prepared for the entire Grand Avenue Corporate Center Project, 265 parking spaces are needed on weekdays and 40 additional spaces are required on Saturday during the peak use, for the Sports Training and Recreation Facility The additional parking stalls may be accommodated on Project Area #3 The subject amendment to the parking demand study concludes that additional parking will not be generated in that no new amenities will be provided and the size of the increase is less than 20 percent The City's Traffic Engineer concurs with the applicant's finding that parking demand is generally constant for facilities with the same amenities and within a 10 to 20 percent size range 3. Adequate parking will be provided on -site or on adjacent sites which are readily accessible to the subject site via surface parking and parking structures to accommodate the proposed increase in floor area Development Agreement Findings 151 EA467, CUP 98 -8, PDS 98 -3, DA 98 -2 The Planning Commission is requested to make its recommendation on the Development Agreement in writing to the City Council. The recommendation shall include the Planning Commission's determination related to the following findings 1 The project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1 allowing an approximate 15,000 square foot increase in the Sports Training and Recreation Facility results in a FAR of 0 52:1, which is below the maximum permitted by the General Plan for the subject site Furthermore, adequate parking is provided for the subject expansion on -site and on the adjacent parcel 2. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that Sports Training and Recreation facilities are compatible with the uses permitted in the Mixed Use — North Zoning district 3 The project is in conformity with the public convenience, general welfare and good land use practice in that the proposed floor area increase will make the best use of the land area available and a portion of the increase will be devoted to general public circulation, viewing and locker areas within the Facility and thus further benefit the public convenience 4 The project will not be detrimental to the health, safety and general welfare in that it is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and is subject to review and approval by the City including on -site inspections during construction, prior to occupancy, and parking review after occupancy 5 The proposed amendment to the previously approved project will not adversely affect the orderly development of property or the preservation of property values in that it will benefit and make feasible the previously approved project EXHIBITS A. draft Resolution No. 2437 (to be delivered under separate cover) B. draft Resolution No. 2438 (to be delivered under separate Cover) C Applications D Crain and Associates Traffic and Parking Study dated November 10, 1998 E. Harztog and Crabill traffic and parking review letter dated December 7, 1998 F. Development Agreement No 98 -1 G Inter - Departmental Comments H Conditions of Approval of Conditional Use Permit No 98 -2 I. Site, Floor and Elevatwn Plans E 152 EA467, CUP 98 -8, PDS 9N-",98-2 Prepared b i Emmanuel Ursu Contract Planner Reviewed by Laurie B,Jester Senior Planner Ap7"Il o fo Chns C eleden Assistant City Attorney and Budding Safety City of El Segundo; and, Secretary to the Planning Commission i 153 p %lects\426450\ea430\ea -430 sr EXHIBIT C APPLICATIONS 15.1 DEPARTMENT OF PLANNING AND BUILDING SAFETY NOV 1 Maln Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 APPLICATION FOR A CONDITIONAL USE PERMIT - Amendment C.U.P. No 98 -2 (Amendment) &vP lit -7r Date: i o - 1998 Applicant: A. Ice Venture Company, LLC c/o Ted Fikre, Esq. 865 So. Figueroa St., Ste. 2350 (213) 996 -0112 Name Address Phone 'ck One) ter X Lessee Agent )erty Owner: Name Address Phone .ertySituatedat: Lot 2, Tract No. 52427, M.B. 1229, P. 42-44. (Exact legal description. Provide attachment If necessary) oral lion: 555 North Nash Street Address and Street, Avenue ing Zoning MU -N between Mariposa and Grand Street, Avenue est. Under the provisions of Title 20, Chapter 20.74 of the Municipal Code, application for consideration of iditional Use Permit for the above described Drooertv Describe in detail the entire proposed project (type of construction, materials to be use, uses involved, i.e., bank, general office, industrial, restaurant, etc.) buildings and other equipment necessary to the project See Attached. Describe the existing development on the site. Include square footages and uses of each building on the site See Attached. 155 Explain in detail why this particular site is especially suited for the proposed development. See Attached. Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood See Attached. Provide an estimate of the total cost of materials and construction of the proposed project See Attached. OWNER'S AFFIDAVIT I V4 I {'—rte r being duty sworn depose and say that Me am the DWNER of the property involved in this application and that I* have familiarized myself (ourselves) with the rules and egulation of the City of El Segundo with respect to preparing and (`ling this application and that the foregoing statements herein .ontained and the information on documents and all plans attached hereto are in all respects true and correct to the best of ny/pdr knowledge and belief Signature Date TATE OF CALIFORNIA, ) ,ourity of Los Angeles )ss. On this {a':' day of NW1,14ixr , 19_l S , before me, the undersigned Notary Public in and for aid County and State, personally appeared Ted F kre known to me to be the person pose name y Fi krr. — subscribe to the within instrument, and acknowledged to me that a�a executed the same. — — 'ITNESS my hand and MOMAREr CARANEDA C onlltP30lb 60fW PWft — C0#foinio ux A+OMw County Comm BUM SOP 24, 1909 AGENT AUTHORIZATION Public in and for said County and State ereby authorize to act for metus in all matters relevant to this application. I understand that this rson will be the exclusive contact on the project and will be sent all information and correspondence. vners Signature 150 AGENT AFFIDAVR I, We being duty sworn depose and say that I/We am the AGENT of the property involved in this application and that Vwe have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. 19 On this day of 19 , before me, the undersigned Notary Public in and for said County and State, personally appeared known to me to be the person whose name subscribe to the within instrument, and acknowledged to me that he /she executed the same WITNESS my hand and official seal. Notary Public in and for said County and State Procedures for filing application File application property completed in the office of the Planning Division. Signature of the owner, owners, leesee, and/or agent shall be notarized before a Notary Public Applicant shall provide all information, drawings and other materials as requested by the Planning Division. Pay filing fee Applicant and affected property owners will be notified of time of hearing Applicant must be present at the hearing and may offer additional evidence to support his/her request. There shall be an additional fee for filing an appeal. Manning Staff: Date received 11/11)38- Signature 157 CUPAPP E.A. � ' C� �A-�3o) C.U.P. ATTACHMENT TO DEPARTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT 1 Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e., bank, general office, industrial, restaurant, etc.) buildings and other equipment necessary to the project The requested amendment to CUP No 98 -2 is to allow an incremental increase in the area of the approved 120,000 square foot sports training and recreational facility, located at 555 North Nash Street The sports training and recreational facility was approved b% the Planning Commission in April, 1998, as part of the overall development plan for the Grand Avenue Corporate Center During the preparation of construction drawings for the facility, adjustments in the approved development program were identified which necessitate increasing the building area by approximately 15,000 square feet, for a total area of 135,000 square feet The additional floor area will be allocated approximately as follows. 1) 6,000 square feet of increased area in the team (i a Lakers, Sparks and Kings) locker rooms and training spaces, 2) 4,000 square feet of increased area in the administrative team offices for the Lakers and Kings, 3) 2,000 square feet for an additional leased retail space (which, if the necessary CUP is obtained, may be used for a game room; 4) 1,000 square feet of increased area in the general public spaces (i.e circulation, lobby, viewing area and public lockers), 5) 1,000 square feet of increased area in the retail merchandise store, and 6) 1,000 square feet for the addition of a merchandise storage area The facility will continue to include two ice rinks for public and team use, a snack bar and restaurant space (approximately 4,500 square feet), locker rooms, and basketball practice facilities, all as previously approved by the Planning Commission The height of the facility will remain at approximately 40 feet 2 Describe the existing development on the site, include square footages and uses of each building on the site The project site is currently vacant Development entitlements have been approved for a 120,000 square foot sports training and recreational facility (See EA -430, CUP 98 -2, and DA 98 -1) 3 Explain in detail why this particular site is especially suited for the proposed development. The site has been approved for a 120,000 square foot sports training and recreational facility Parking for normal operations will be provided in an on -site lot for 265 vehicles, and additional nearby of -site parking will be provided during special events The additional area is primarily allocated to the non - public team office and support areas These areas will maintain generally constant occupancy levels despite the increase in floor area The remaining square footage increases will be devoted to ancillary uses within the facility and additional public circulation space No additional traffic generation or parking demands have been identified as a result of the additional building 158 LA_DOCS\288989 2 11118/98 19 So area In addition, the incremental increase in floor area would not unduly burden public infrastructure (e g., sewers, utilities) 4 Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood Adjacent properties and those in the immediate area have been developed with light industrial uses, office space, and public facilities The proposed interactive entertainment center is consistent with the purpose of the Urban Mixed -Use North (MU -N) Zone, which encourages the provision of several types of uses, including recreational, retail and restaurant uses, within a single building The property would provide adequate open space, landscaping, and parking to ensure compatibility with adjacent properties The project site is not located near any sensitive residential, school or church uses 5 Provide an estimate of the total cost of materials and construction of the proposed project The cost for the entire sports training and recreational facility is estimated at approximately $15 million. 159 LA_DOCSN288989 2 1l /lama 19 So DEPARTMENT OF PLANNING AND BUILDING SAFETY i� I �I�V 19 W6 350 Maln Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 PARKING DEMAND STUDY APPLICATION -.r�ywtirn� PDS No. $12 -3 EA No. -4 6,4 (if applicable) Section 20.54.030 (D) of the El Segundo Municipal Code (ESMC) contains provisions for modifying the amount of required parking based on the submittal of a Parking Demand Study. Section 20.08.632 (ESMC) defines a Pariong Demand Study as an "analysis of the total number of parking spaces required in order to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time The analysis shall consider parking required for all employees, occupants, clients, and visitors." The Planning Commission may modify the required number of parking spaces in any commercial or industrial zone, including the Smoky Hollow Specific Plan area, up to a maximum of 10 %, based on the submittal of a Parking Demand Study Moreover, for any use for which the number of parking spaces is not listed, the Director of Planning and Building Safety or Planning Commission shall specify the required number of spaces based on a Parking Demand Study. A Parking Demand Study shall include, but not be limited to, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. The following information listed on this page, plus Items 1 -12, is the minimum amount of information required for a Parking Demand Study. Larger scale and/or more complex protects will require additional information and analysis A meeting with City staff to determine the scope of any additional information requirements should be completed prior to the preparation of the Parking Demand Study. 865 South Figueroa Street 4ppiicant: Ted Fikre, Esq. Suite 2350 (213) 624 -3054 Fim ..A. Ice Venture Company, LLC Los Angeles CA 90017 (213) 996 -0112 Tel Name Address Phone Fax Check One )wner X Lessee Agent 'roperty Owner: Name Address Phone Fax ubject Property Situated at: Lot 2, Tract No. 52427, K.B. 1229, P. 42-44 (Provide exact legal description. Provide attachment if necessary.) eneral )Cation: 555 North Nash Street between Marino and Grand Address and Street/Avenue Street/Avenue ;isting Zoning: KO-N Urban Nixed -Use Existing General Plan Land Use Designation: North 1 OF 5 160 1) a 3) FL_ No. Fl. No Indicate the subject (primary) use and any other use(s) on the project site: Subject (primary) Use: sp °rrA g Other Use(s): Hours of Operation: 24 hours (7 a a-10 pm - yublic,10 ym - 7 an - non - public) (See CUP 96-2) Indicate the maximum number of persons, for each category, which utilize the subject property on a typical day: Employees Visitors Clients /Customers Other Building Occupants Delivery Personnel Typical Peak Hours (Example: 7:30 AM -9:00 AM) for the following persons: Employees Visitors Employee Shifts: A Shift Hours B Shift Hours Clients/Customers Other Building Occupants Delivery Personnel - Number of Employees Per Shift (Example B AM- 5 PM) Number of Employees Per Shift C. Shift Hours Number of Employees Per Shift Number of employ-,es utilizing altpmativa modes of transportation: Van Pools Bicycles Walking Bus Peak hours of the subject use as compared with other uses sharing the same parking facilities, such as multi - tenant buildings: Subject use: Other uses on site: (Example. 7 AM-9 AM) (Example:9 PM- { PM) 2 OF 5 161 Pas No. EA No. — Percentage of Building Occupancy: If the site Includes any of the following features, such as valet parking, common parking, other unique features, please describe the feature(s) below: 10) Please describe any other methods of reducing parking demand which were not mentioned above: 11) Attach a parking lot layout (site plan), Including dimensions and number of all existing and proposed parking and loading spaces, and aisle widths. 12) Discuss why a reduction in parking is necessary for this project: (Attach separate sheet if necessary) the above should provide a clear indication of the parking demand that could be associated with the )rolect, for most smaller scale and less complex projects. As in all cases however, the City reserves the fight to add analysis items. 3iven the requirements of the typical Parking Demand Study, the following items can be expected to 'ether be a part of the review or would be an analysis element. ieneral Criteria Meet with staff to review the intended data collection effort and report contents. Identify mitigation (for existing, future, and cumulative) that could be necessary. It is noted that required mitigation does not necessarily mean that it will be the responsibility of the project to correct same. Provide sufficient exhibits and tables to clearly illustrate all of the data matching that of a traditional Parking Demand Study. On -site parking assessment must include circulation analysis, sight distance review, etc. Evaluate the effect of the project on driveways or access points to ensure that other unforeseen affects to arterial or residential streets are not encountered. TABLE OF CONTENTS" Executive Summary Introduction Project Description and Location Description of Existing Street Network Description of Area Traffic Volumes Site Access and Internal Circulation Parking Analysis Project- Specific Improvements Required 3 oF5 162 1. Vicinity Map 2. Proposed Site Plan LIST OF TABLES" 1. Mitigation Requirements Summary 2. Code Parking Requirements 3. Parking Requirements Per Analysis All requirements not necessary in every case. Pre - Parking Demand analysis meeting with City will formulate actual work tasks. OWNER'S AFFIDAVIT 1,(We) - - <el '� the undersigned, depose and say that (I am/We are) the OWNER(S) of the property involved in this application and that I(we) have familiarized myseB(ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief. / Signature Date AGENT AUTHORIZATION I hereby authorize to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondenne. Owner's Signature AGENT AFFIDAVIT ,(We) the undersigned, depose and say that (1 am/We are) the AGENT(S) of the noperty involved in this application and that I(we) have familiarized myself (ourselves) with the rules and regulation of the City if El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the iformation on all documents and plans, attached hereto are in all respects true and correct to the best of my /our knowledge ind belief. 19_ Signature Date rocedures for filing application Submit completed Parking Demand Study application to the Planning Division. Signature of the ewner, owners, lessee, and/or agent shall be provided. Applicant shall provide all information, drawings and other materials as requested by the Planning Division. Pay filing fee. 4 OF 5 163 FDS Into. FA No. Applicant and affected property owners will be notified of time of hearing and/or decision. Applicant must be present at the hearing and may offer additional evidence to support his/her request There shall be -an additional fee for filing an appeal. Planning Staff: Date received I & PAS No. Signature EA No. 5 OF 5 164 40 P 1ap-fomislapphc trmip*oAPP APPLICATION FC TRAFFIC MITIGATION FE DETE``RMS A�T/IION 1iu" IR71 I �'il� The City Council on May 21, 1996 adopted Resolution No 3969 establishing ra ' oaFea6- 1 r new development The Resolution further authorized the Public Works Direet (� Fs provided for in the approved City of El Segundo Evaluation of a Traffic CongesMon Mitigation Fee Study Please provide the information needed to determine the applicable Traffic Mitigation Fee by completing this application (use additional sheets if necessary) and submitting it to the Public Works Director. Name of Applicant -T.-A- lee venture Cosipany, LLc, Attu: Ted Fikre, Esq. Name of Property Owner Same Contact Telephone Number ( 213 1 996 -0112 Address of Proposed Development SSS North Nash Street Type of Development or Use Addition to Sports Training and Recreation Faility (See PDS 98 -1 Gross Floor Area (proposed use) 138,341 sf gross /135,000 sf net Hours of Operation Features of Development which may impact P.M Peak Hour Trip Generation 24 hours: 7am - 10 pm public /10 pm - 7 am non- public (bee (;UP 98-2 for I-EnItatIon on ours The Fee will be based on one of the following two criterion: (check one) P M peak hour tnpa based an Resolubon No 3M Q$ P M peak hour EWe based an batiid trip generation and the tnsutute of Transporlabon Engwasm Tnp studY Probated by a batik: engarasr for 1110 appheant Generation Pubkcabon - RRh Edban and latest updates at apphoarMa 0081. N the opbon a ehoson, prase furnish 1M study wph this apppeabon I declare under penalty of perjury that the above information provided is true Signature of Applicant Signature of Property Owner Date For Public Wofiks Depaftment Use Only: Plan Check No Zone of development P.M. peak hour trips generated Traffic Mitigation Fee per P.M. peak hour trip generated Total Traffic Mitigation Fee for the proposed development (2x3) Allowance for prior use (d any) Total Traffic Mitigation Fee due Public Works Director (Signature) Date Environmental Assessment No. _ = 1 2 3 4 = a $ 165 Director of Planning and Building Safety N*WMMS% RAFFlC FRM (11/18M) ra,111�111111ill ��" FAFF U III! .Mr5ffl,�� TO: City of El Segundo Planning and Building Safety Customers FRONE Bret B. Bernard, AICPI� Director of Planning and Building Safety SUBJECT: Traffic Impact Mitigation Fee Program Date: 22 July 1996 As of today's date, all plans for new development submitted for plan review are subject to traffic mitigation fees pursuant to City Council Resolution No. 3969. Traffic mitigation fees are required for new building square footage and for new or more intense land uses. Changes of =3itted uses within an existing building which do not increase the building square footage are not subject to traffic mitigation fees. Fees are based on: • The type of use • The location of the project • The gross floor area of the use • The P.M. peak hour trip generation The Public Works Director makes a determination of the amount of the Lvffic mitigation fee within ten (10) working days of the date an application for new development is deemed complete by the Planning and Building Safety Department. An "Application for Traffic Mitigation Fee Determination" is available at the Planning and Building Safety public counter. Fees must be paid at the time of the final inspection or issuance of the certificate of occupancy, whichever is earlier. However, if the fee is attributable in part or in whole to ,ntigation and/or improvements for which a fund has been established sad expenditures have been approved for projects which are under construction or construction that is scheduled to commence, the fee will be collected when a building permit is issued for the new development. Any questions regarding the Traffic Impact Mitigation Fee program should be directed to the Department of Public Works. cc: Planning and Building Safety Staff Public Works Staff 16 6 city o/ (!�I(Segundo DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 Main Street El Segundo, CA. 90245 (310) 322 -4670 FAX (310) 3224167 APPLICATION FOR A DEVELOPMENT AGREEMENT Ajo Jb -L (AMENDMENT TO DEVELOPMENT AGREEMENT 98 ^1) Date' November 19, 1998 The Applicant: Ted Fikre, Esq. 865 So. Figueroa St., Ste. 2350 L.A. Ice Venture Company, LLC Los Angeles, CA 90017 (213) 996 -0112 Name Address (Applicant must have legal or equitable interest in the real property. Attach evidence ) (If not owner, a written statement from owners stating they are aware of this application) Owner's Name Address Phone Property Situated at: Lot 2, Tract No. 52427, K.B. 1229, P.42 -44 (Exact legal aescnpt+on It legal description is by metes and bounds, attach a copy ) General Locations, 555 North Nash Street between Mariposa and Grand Address and Street, Avenue Street, Avenue Existing Zoning MO'N Existing General Plan/Specific Plan: Urban Mixed -Use North REQUEST: Under the provisions of City Council Resolution No 3268 and Government Code Sec 65864- 65869.5, application for consideration of a Development Agreement for the above described property. Describe the proposed project in its entirety Include information on the type of construction proposed, materials to be used, and type of uses involved (i e., bank, general office, restaurant, etc) Provide details on square footages, heights, number of stories, number of parking spaces etc See Attached Exhibit 1. 167 2 Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan Specifically reference the applicable General Plan and Specific Plan sections. See Attached Exhibit 1. 3 Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located. See Attached Exhibit 1. 4 Describe how the proposed projects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties See Attached Exhibit 1. Submit a scaled site plan showing the location and dimensions of dill existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections, floor plans, etc., of all existing and proposed buildings and structures. (See Plot Plan Checklist) Attached. Attach the proposed Development Agreement The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes See Attached Exhibit 2. 168 FROM LATHAM & WANINS LA 213- OQI-8763 45F1 (THUHI 19'98 10 511Si 10 511O 4961SS459: OWNER'S AFFIDAVIT ►,(We) Lc- I k L. the undersigrwd, depose and say that (I anVW* are) the OWNER(S) of the property involved to this application and that I(we) have familarized myself(oumelves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief Signature Date 19 Signature Date AGENT AUTHORIZATION I hereby authorize to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. Owners Signature AGENT AFFIDAVIT (,(We) the undersigned, depose and say that (I anvWe are) the AGENT(S) of the property involved In this application and that 1(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief 3 Signature Date Signature Date 169 19_ 19, EXHIBIT 1 ATTACHMENT TO DEPARTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR AMENDMENT TO DEVELOPMENT AGREEMENT NO 98 -1 1 Describe the proposed project in its entirety. Include information on the type of construction proposed, materials to be used, and type of uses involved (i.e., bank. general office, restaurant, etc.). Provide details on square footage's, heights. numbers of stories, number of parking spaces, etc. The proposed project involves an incremental increase in the area of the approved 120,000 square foot sports training and recreational facility, located at 555 North bash Street The sports training and recreational facility was approved by the Planning Commission in April, 1998, under CUP No 98 -2, as part of the overall development plan for the Grand Avenue Corporate Center Subsequently, the City Council approved Development Agreement No 98 -1 for the Grand Avenue Corporate Center, including the sports training and recreational facility During the preparation of construction drawings for the facility, adjustments in the approved development program were identified which necessitate increasing the building area by approximately 15,000 square feet, for a total area of 135,000 square feet The additional floor area will be allocated approximately as follows 1) 6,000 square feet of increased area in the team (i.e Lakers, Sparks and Kings) locker rooms and training spaces, 2) 4,000 square feet of increased area to the administrative team offices for the Lakers and Kings, 3) 2,000 square feet for an additional leased retail space (which, if the necessary CUP is obtained, may be used for a game room, 4) 1,000 square feet of increased area in the general public spaces (i.e circulation, lobby, viewing area and public lockers), 5) 1,000 square feet of increased area in the retail merchandise store, and 6) 1,000 square feet for the addition of a merchandise storage area The facility will continue to include two ice rinks for public and team use, a snack bar and restaurant space (approximately 4,500 square feet), locker rooms, and basketball practice facilities, all as previously approved by the Planning Commission The height of the facility will remain at approximately 40 feet 2 Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies and programs specified in the General Plan and any applicable Specific Plan. Specifically reference the applicable General Plan and Specific Plan sections. The project is consistent with the City's General Plan goals and objectives The Land Use Element designates the property Urban Mixed -Use North This designation permits a mixture of office, research and development, recreational, retail, and hotel uses. The maximum permitted Floor Area Ratio is limited to 1.3.1 With the additional floor area, the FAR for the property will be approximately 0.52:1 The project will comply with Land Use Element Policy LU4 -1 1 requiring landscaping, Policy LU4 -1.2 requiring construction to meet Health and Safety Code, seismic safety 170 LA_DOCS\289055 2 11119!98 08 22 and environmental requirements, Policy LU4 -1 4 requiring construction to meet seismic safety and environmental requirements, Policy LU4 -3 1 encouraging appropriate retail uses, Policy LU4 -3.2 encouraging mixed -use developments within one - quarter mile of the Green Line stations; Policy LU4 -3 6 requiring landscaping, Policy LU44 4 promoting commercial uses, in conjunction with other uses, in buildings within one - quarter mile of Green Line stations; and Policy LU44.7 to implement pedestrian links throughout the urban Mixed -Use area The property is not subject to any Specific Plan 3 Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located. The sports training and recreation facility is permitted in the MU -N Zone with the approval of a Conditional Use Permit In April, 1998, the Planning Commission approved CUP No 98 -2 for the sports training and recreational facility (Resolution No 2415) In order to increase the size of the approved facility, an amendment to CUP 98 -2 must be approved by the Planning Commission. The Floor Area Ratio (FAR) for the property, including the additional floor area, would be approximately 0.52 1, well below the maximum permitted FAR of 13 1, and only slightly higher than the 0.5:1 FAR approved under CUP No 98 -2 4 Describe how the proposed project's design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties Adjacent properties and those in the immediate area have been developed with light industrial uses, office space, and public facilities. The sports training and recreational facility is consistent with the purpose of the Urban Mixed -Use North (MU -N) Zone, which encourages the provision of several types of uses, including recreational, retail and restaurant uses, within a single building The property would provide adequate open space, landscaping, and pprkmg to ensure compatibility with adjacent properties The project site is not located near any sensitive residential, school or church uses. 171 LA_DOCSQ89055 2 11/19/98 08 22 EXHIBIT 2 PROPOSED MODIFICATIONS TO DEVELOPMENT AGREEMENT NO 98 -1 xhibit B - Plan `B' - Maximum Allowable Development Under CEOA Clearance Project Area 4 135.000 120,099 s f recreation/ sports training facility (includes- 15,000 s f of office space) with a 1.500 s f snack bar, a 3,000 s.f restaurant and a -4,000 s f retail store 172 LA_DOM289055 2 11/19/9808 22 2'3-69; -6763 #10 (SAi) 1t. 21'96 14 C:'S 4 2G/7,, ^,6 Kings / Lakers Training Center Building Program (approximate so n ) Area Original Revised Program Prooram Increase Private Team Areas Kings Offices 1,500 3,500 2,000 Lakers Offices 10,000 12,000 2,000 Kings Lockers, Training and Storage Areas 10,500 11,500 1,000 Lakers Lockers and Training Areas 22,500 27,500 5,000 (including Basketball Court) Retail Spaces Restaurant and Snack Bar 4,500 4,500 0 Merchandise Shop 3,000 4,000 1,000 Merchandise Shop Storage 0 1,000 1,000 Retail Game Area 0 2,000 2,000 Public Areas Ice Skating Rinks 51,000 51,500 500 Other Public Areas (circulation, viewing 17,000 17,500 500 area, lobby restrooms, public lockers, skate rental, complex office) Total 120,000 135,000 15,000 LA WLS\Z90 ?RR 1 173 tiatNs 13 za DEPARTMENT OF PLANNING AND BUILDING SAFETY INITIAL STUDY APPLICANT QUESTIONNAIRE r L 350 Main Street El Segundo, CA 90245 (310) 322.4670 FAX (310) 322 -4167 rr- PNFRAL INFORMATION J Name, address and phone number of current property owner L-A. Ice Venture Company, LLC C� Tod Fil,rn Vrq RAC; C Vio,mrna Srrspt qt-p- 219n. Los Angeles. CA 90017 (213) 996 -0112 (Note: Property Owner's signature Is required on Page 6 and 7) f� -T-, �4 Address of project SSC Nnrth Naafi street Assessors Block and Lot No.: Name, address, and telephone number of applicant, including name of person to be contacted concerning this protect (d different from Property Owner), (Note: Applicant's signature Is required on Page 7) List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies: amendment to CUP No. 98 -2, building permits 51 Existing zoning district MU —N 6. Proposed use of site (protect for which this form Is hied): Aaai ti.,., of 1 5 nnn aot.arp feet to the snorts training and recreation facility approved under CUP No. 98 -2. PROJECT DESCRIPTION Use additional shoots as necessary. Site sue' 6 acres /2,,, Total square footage of buddmg(s) or structure(s), t 15 _nrm nifnare feat 3 Number of floors at construction: 2 Amount of on -site parking provided: 265 Proposed scheduling: Associated projects and relationship to larger protect or series of protects: / N/A W. It residential, Include the number of units, schedule of unit sizes, range of sale price or rents, and type of household size expected H commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of budding area, and nature of loading facilities provided See Attached Project Description, Exhibit 1 Project No. EA 1 174 1. it Industrial. Indicate type, estimated employment per sM and nature of loading tad2les. If Institutional, indicate the major function, estimated employment per shift, estimated occupancy. nature of loading facilities provided and community benefit to be derived from the project. 11. If the project requires a variance, conditional use permit or rezoning application, state this and Indicate dearly why the application is required. A Conditional Use Permit is required to increase the area approved under COP No. 98 -2. 1 Describe the project site as it exists before the project, including information on topography, sod stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the she. Snapshots or polaroid photos will be accepted. See Attached Exhibit 2. 2. Describe the surrounding properties, including Information on plants and animals and any cultural, huston^al, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (Might, frontage, setbad6 rear yard, etc ) Attach photographs of the vicinity Snapshots or polaroid photos will be accepted See Attached Exhibit 2. ENVIRONMENTAL IMPACTS Brief explanations of all answers are required on attached sleets, or refer to previous responses to Items B and C above. 2 175 YES MAYBE NO Land Use Planning. Would the proposal: a) Conflict with general plan designation or zoning? % b) Conflict with applicable environmental plans or E policies adopted by agencies with jurisdiction over the project? C) Be incompatible with existing land use in the _X vicinity? 2 175 2 3. 4. 3 176 YE" MAYBE NO d) Affect agdcultur� .asources or operadone (e.g % Ynpaets to soft or farmlands. or Impacts from Incompatible land ures)7 e) Disrupt or divide the physical arrangement of an R estabtlshed community (include a low -In one or minority community)? Population and Housing. Would the proposal: a) Cumulatively exceed official regional or local _ X population projection? b) Induce substantial growth In an area either _$_ directly or indirectly (e g., through projects in an undeveloped area or extension of major infrastructure)? C) Displace existing housing, especially affordable % housing? Geologic Problems. Would the proposal result in or expose people to potential impacts involving, a) Fault rupture? % b) Seismic ground sha)ung? % C) Seismic ground failure, including liquefaction? --I- d) Serche, tsunami, or volcanic hazard? % e) Landslides or mudllows? _X f) Erosion, changes in topography or unstable sot % conditions from excavation, grading, or fill? g) Subsidence of the land? E h) Expansive soils? S Q Unique geologic or physical features? % Water. Would the proposal result m: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related % hazards such as flooding? C) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, _Y dissolved oxygen or turbidity)? d) Changes in tia amount of surface water in any B water body? e) Changes in currents, or the course or direction of B water movements? f) Change In the quality of ground waters, afther through direct addition or withdrawals, or through interception of an aquIlier by cuts or excavations, or through substantial toss of groundwater recharge capacity? g) Altered direction or rate of now of groundwater? 3 176 S. ar9 7. a. 4 177 r W FM11 DC 1\y h) Impacts to graIndwah Akio X _ q Substantial nductlon In the amount of groundwater ctherwW available for public water suppa"I Air Quality. Would the proposal a) Violate any air quality standard or contribute to an % existing or proJscted air quality violation? b) Expose sensitive receptors to pollutants? C) After air movement, moisture, or temperature, or B cause any changes In climate? d) Create oblecbonable odors? % TransportatlonlClrculatlon. Would the proposal result In: GD increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., % sharp curves or dangerous intersections or Incompatible uses (e.g. farm equipment)? C) Inadequate emergency access or access to S nearby uses? Insufficient parking capacity on-sne or off -she? % e) Hazards or bamers for pedestrians or bicyclists? % Q Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 9) Rail, waterborne or art traffic impacts? _ _ % Biological Resources. Would the proposal result In impacts to a) Endangered, threatened, or rare species or their % habitats (Including, but not limited to, plants, fish, _ _ _ insects, animals, and birds)? b) Locally designated species (e.g.. heritage trees)? T T C) Locally designated natural communities (e.g., oak forest, coastal habitat, etc .)? d) Welland habitat (e.g., marsh, riparian and vernal pool)? -- - e) Wildlife dispersal or migration corridors? _ x_ Energy and Mineral Resources. Would the proposal• a) Conflict with adopted energy conservabon plans? % b) Use non-renewable resources in a wasteful and E inefficient manner? C) Result In the loss of availability of a known _ x mineral resource flat would be of future value to _ the region and the residents of the State? 4 177 i. 10. 11. 12 13. 14. 5 178 YES MAYBE NO Hazards. Would the proposal Involve: A) A risk of accidental explosion or release d % hazardous substances Oncludl% but not Imfted to, ou, pesticides, chemicals, or radiation)? b) Possible interference with an emergency % response plan or emergency evacuation plan? C) The creation of any health hazard or potential % health hazard? d) Exposure of people to existing sources of % potential health hazards? e) Increased fire hazard in areas with flammable _X brush, grass, or trees? Noise Would the proposal result in: a) Increases in existing noise levels? % b) Exposure of people to severe noise levels? % Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas. a) Fire protection? % b) Police protection? F C) Schools? _g_ d) Maintenance of public facilities, including roads? X_ e) Other governmental services? r % Utilities and Service Systems. Would the proposal result % in a need for new systems or supplies, or substantial alterations to the following utilities. a) Power or natural gas? X_ b) Communications systems? g C) Local or regional water treatment or distribution _ % facilities? _ d) Sewer or septic tanks? g e) Storm water drainage? % Q Solid waste disposal? % g) Local or regional water supplies? Aesthetics. Would the proposal: a) Affect a scenic vista or scenic highway? % b) Have a demonstrable negative aesthetic effect? % C) Create fight or glare? 4 Cultural Resources. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? X 5 178 �GJ w�n,YG qV C) heed historical m wu, s? Y d) have the poterdlal to cause a physical change g_ which would affect unique attile oftral values4 e) Restrict existing religious or sacred uses within r the potential Impact area? 15. Recreation. Would the proposal a) Increase the demand for neighborhood or regional parks or other recreational facilities? a) Affect existing recreational opportunities? I Is. Mandatory Findings of Significance. a) Does the project have the potential to degrade the R quality of the environment, substantially reduce + the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sell- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve % short-tens, to the disadvantage of long -tern, environmental goals? C) Does the project have impacts that are T_ individually limited, but cumutatwey considerable? ('Cumulabvey considerable' means that the eipremental effects of a project are considerable when viewed in conjunction with the effects of past projects, the effects of other cunent projects, and the effects of probable future projects-) d) Does the project have environmental effects _Y_ which will cause substantial adverse effects on human beings, either directly or Indirectly? OWNER'S AFFIDAVIT 1, (We) ' )r � CK t- t tom! � am (am) the OWNER(S) of the property involved m thus applieabon; I (we) have familiarized myself (oumehros) with the rules and regulation of the City of El Segundo with reaped to proparotg and tiling this application; and the information on all documents and all plans is true and eortect to the best of my (out) knowledge and belief j�_�' Owners Signature Difte Owners Signature 6 179 Data OWNER'S AUT14ORIZATION 1 hereby authorized to act for mice In all matters relevant to this application. I understand that fhls person will be the primary contact on the project and will be sent all Information and correspondence. Owner's Signature Date APPLICANT AFFIDAVIT I, (We) am (are) the APPLICANT (S) of the property involved in this application: I (we) have famdlanzed myself (ourselves) with the rules and regulation of the City of EI Segundo with respect to preparing and riling this appficalion, and the information on all documents and all plans is true and correct to the best of my (our) knowledge and belief Applicant's Signature Date Applicant's Signature Date FOR PLANNING DIVISION USE ONLY 13 Copies of Plans Fee/Depo'59 R erved S ZS �s 300' Notification Map Date Fled. / 19L 3 sets of Property Owner Labels Received By. rl.a 2 sets of Envelopes with Postage Required Supplemental Info Sheets RevisedOBM7 mtlst -3.gst i I EXHIBIT 1 PROJECT DESCRIPTION The project involves the addition of 15,000 square feet of floor area to the 120,000 square foot sports training and recreational facility, located at 555 North Nash Street The sports training and recreational facility was approved by the Planning Commission to April, 1998. as part of the overall development plan for the Grand Avenue Corporate Center During the preparation of construction drawings for the facility, adjustments in the approved development program were identified which necessitate increasing the building area by approximately 15,000 square feet, for a total area of 135,000 square feet The additional floor area will be allocated approximately as follows 1) 6,000 square feet of increased area in the team (i a Lakers, Sparks and Kings) locker rooms and training spaces, 2) 4,000 square feet of increased area in the administrative team offices for the Lakers and Kings, 3) 2,000 square feet for an additional leased retail space (which, if the necessary CUP is obtained, may be used for a game room, 4) 1,000 square feet of increased area in the general public spaces (i a circulation, lobby, viewing area and public lockers), 5) 1,000 square feet of increased area in the retail merchandise store, and 6) 1,000 square feet for the addition of a merchandise storage area The facility will continue to include two ice rinks for public and team use, a snack bar and restaurant space (approximately 4,500 square feet), locker rooms, and basketball practice facilities, all as previously approved by the Planning Commission The height of the facility will remain at approximately 40 feet. Parking for normal operations will be provided in an on -site lot for 265 vehicles, and additional nearby off -site parking will be provided during special events The additional area is primarily allocated to the non - public team office and support areas These areas will maintain generally constant occupancy levrls despite the increase in floor area The remaining square footage increases will be devoted to ancillary uses within the facility, and additional public circulation space No additional traffic generation or parking demands have been identified as a result of the additional building area 181 EXHIBIT 2 ENVIRONMENTAL SETTING C 1 Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures The project site comprises six acres of generally level land located on the i,,est side of Nash Street, south of Manposa Avenue The site is vacant and does not have any plants or animal habitat The property has no identified cultural, historic or scenic aspects C 2 Describe the surrounding properties, including information on topograph", soil stability, plants and animals, and any cultural historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one- famih, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). The property to the north is currently vacant and is proposed to be developed with a hotel building The site is abutted on the east by the Metro Green Line elevated rail structure Further to the east, on the east side of Nash Street, is a low -rise industrial building The property to the south is currently vacant and is proposed to be developed with a three - story office building with a three -story parking garage located in the rear of the property The property to the west is developed with a low -rise office building and Phase II of the Continental Grand Plaza project 182 EXHIBIT D CRAIN & ASSOCIATES TRAFFIC AND PARKING STUDY 183 DEC -08 -1998 1206 FROM CRAIN 8 ASSOC. Gain SL Associates Of Southern California FAX TRANSMITTED December 8, 1998 Mr. Jerry Crabill Public Works Engineer City of Bellflower Public Works Department 16600 Civic Center Drive Bellflower, California 90706 RE Grand Avenue Corporate Center - Dear Jury, This letter is to follow up our phone conversation requirements for the sportshmining facility (King; the Grand Avenue Corporate Center project along To 3224167 P.02 2007 Sawtelle Boulevard, Suite 4 Los Angeles, California 90025 Telephone (310) 473 -6508 Facsimile (310) 444.9771 Facility Parking Friday regarding the parking rs practice facility) to be located within Street in the City of M Segundo. In response to our letter of November 10, 1998 which discussed the results of an analysts of the proposed GameWorks facility within the sports/trau overall sue of the sportsttraming facility from 1205 feet, you issued a November 22, 1998 memo to Ms. indicating your opinion that the GameWorks projecl approved traffic or parking requirements for the spo concerns that the potential increase in size for the of need for an estimated 330 spaces, 25 spaces more th primarily to an increase in "office' square footage v Following additional review, and discussions with 1 phone conversation with me, stating that only the p to 15,000 square feet could affect the parking requi approximately 12 additional spaces would be need. in question was related to office use, which is typic weekend parking beyond the 305 spaces already re 12 potential additional spaces you felt would be ne ng facility, and an unrelated increase in 0 square feet to approximately 135,000 square aurae Jester, Senior Planner for the City +vould not significantly affect the already - stuaimng facility. However, you noted your Tall sports/training facility could result to the n the currently - conditioned 305 spaces, due approximately 15,000 square feet. staff, you amended your decision in a tial increase in management office space .nts for the site, concluding that u further noted that, since the expansion not utilutd on weekends, no additional 4 would be necessary. Additionally, the try during typical weekday use could be accommodated by the on -site parking provided. As result, it was agreed that neither the inclusion of the 2,000 square foot GameWorks nor a Le expansion of the overall sports/daming MENLOPARK LOSANC LFS SEATTLE .0 DEC-ae -1998 1207 FROM CRRIN 8 ASSOC. TO 3224167 P.03 Letter to Mr. Jerry Crabill December 8, 1998 Page Two facility would require any changes in the project's currently exist, with 305 spaces required for week Subsequent to your further review, I have had detai sports/traming facility regarding the "expansion" o square foot size noted m the previous analyses we continue the then-ongoing project reviews, and w facility. However, as noted in our original April 1, letter of April 15, 1998 (summary table, page 2), approximately 15,000 square feet of managertx:nt o space, a 4,500 square foot snack bar/r�estaurant, plus or parking conditions as they as they and "special events" only. 1 discussions with representatives of the f project. It appears that the 120,000 re arrived at rather hastily tit an effort to etc in fact understated the overall size of the 1998 analysis, and echoed in your review the project was proposed to house Ices, 4,000 square feet of pro shop/retail o ice hockey rinks, an in -line skating rink, basketball courts and locker and shower facilities (f� exclusive practice use by the Lakers) and some nominal hockey and in -hue skating spectator ating. The current project description notes that all of thes accurate for the expanded facility, with all square ft except that the office space will be approximately Si The difference in size for the overall sporm raining locker /shower facilities for the Lakers, and the addil Angeles Sparks. Note that the seasons for the Lakes teams will not be add mg the site concurrently. Sir of the Lakers/Sparks and Kings, no additional "pub] exception of the GanteWorks, and no additional tral Our phone conversations regarding all of the above no changes ate necessary in the traffic or parking cc sports/training facility. You requested this letter, st for these conclusions, and indicated that you would additional parking was required for this project. I appreciate your time and attention to these issues. please feel free to call me. Ron Hn RH:mlc C6238 cc- Ted Fikre Laurie Jester Emmanuel Ursu previously - assumed component sties are rages remaining as previously assumed, ) square feet larger at 15,500 square feet. acility translates mostly to expanded m of locker facilities for the WNBA Los and Sparks do not overlap, and that the two e this expanded area is for the private use ; areas" have been added, with the c or parking demands will result. resulted in the mutual conclusion that already attached to the wing our conversations and the basis a clarification to the City stating that no you have any questions or comments, J Planner 185 TOTAL P.03 ii li, ao iy.tn raa taaanoviao Ji ArL6n LG,.1 GK Crain & ASSOCICACS Of Southern California FEDERAL EXPRESSED November 10, 1998 Mr. Jerry Crabill Public Works Engineer City of Bellflower Public Works Department 16600 Civic Center Drive Bellflower, California 90706 RE Grand Avenue Corporate Center — GameWorks Facility Dear Jerry, I 2007 Sawteile Boulevard, Suite 4 Los Angeles, California 90025 Telephone (310) 473 -6508 Facsimile (310) 444 -9771 This is to follow -up on some preliminary discussions we had in late September of thus year regarding the potential placement of a GameWorks into the sportshraining facility of the approved Grand Avenue Corporate Center project to the City of El Segundo At the time of these conversations, which centered primarily on the scope of any additional studies required as a result of this plan modification, the proposed GameWorks facility was envisioned to occupy nearly 6,000 square feet, with approximately 50 game machines, and predominant identification signing on the exterior of the building As you may recall, additional parking demand for this type of facility was your prime concern, although trip generation was also noted as an issue. Since these earlier conversations, the GameWorks project has undergone several revisions, and has been significantly reduced from the facility we discussed. The project is now proposed to occupy only approximately 2,000 square feet on the second (top) floor of the sports/training. facility. This much smaller site would provide about 15 or 20 game machines. The project would not be visible from the street (no street - facing windows, etc.), and signage would be minimal if provided at all. The City of El Segundo's exterior signage ordinances are very strict, and the developer wants to utilize signage allowances for the Kutgs/Lakers, who will occupy the majority of the building. SUS >G�( ? ")QH C fqF,,Xr' iENLOPARK - 186 LOSANGELES SEATTLE 11,x0 14 L`J real LLjuvoulvo Letter to Mr Jerry Crabill November 10, 1998 Page Two - al:im.ba I.ZiNLL( " 1 -AiaUl CUUJ The size and location of the proposed GameWorks area within the larger sports/training facilit} will tend to place it in the "ancillary use' category, a g., a use which has no significant operational effects (traffic, parking) on a larger surrounding facility. In fact, discussions with the developers of the sports/training facility agree that the downsized GameWorks project will act like a " lobby" or waiting area where patrons of the site already using or (waiting to use) the other components of the facility, such as the roller hockey arena or pro shops can go. The reduced size GameWorks is not expected to act as an independent destination. As noted before, exterior signage for GameWorks, alerting passers -by of the facility, will be minimal or non- existent This down - sizing of the proposed GameWorks becomes significant to light of the trip Y � Ill generation and parking demand studies we have previously prepared, and which you reviewed, as part of the approval process for the entire Grand Avenue Corporate Center project That study, a copy of which is attached, surveyed the Ice- o-Plex/Funplex facilities at 8345' Hayvenhurst Avenue to Van Nuys. As described in the attached report, that facility provided very similar components to those of the proposed Grand Avenue project. with the exception of the proposed not - for - public -use Lakers basketball locker and practice facilities. The trip generation/demand parking study concluded that the Ice- o- Plex/Funplex facility generated a maximum parking dem -nd of 172 spaces. Our study also concluded thal the 265 parking spaces provided by the proposed sports/training facility would be sufficient to accommodate its parking needs Your review of the study recommended the provision of 315 spaces; the project was eventually approved with the condition that it provide a minimum of 305 spaces, plus additional off -site covenanted parking, if necessary, in the event of " special events" �- overlapping typical operations I reiterate all this because one important compone0ofthe e- o- Plex/Fun Plex fac ilities was included in the parking and trip generation studies, considered as an ancillary use. The Ice- o- Plex/Funplex contains an approximately quare foot game room (the Funpiex), containing about 15 to 20 machines. Ad y, the "lobby" area outside the pro O ` shop and ice skating arenas also contains five game machines In all, the Ice- o- Plex/Funplex 1r facilities contain an amount of games and game - related areas similar to, if not in excess of, that lu proposed to be occupied by the GameWorks project within the sports/training facility. The Ice - o- Plex/Funplex game room and games are not large independent "draws," but rather take their patronage from the surrounding ice skatinglroller blading uses However, all patronage for this , (� 187 11, bob 14.Lbo t•AA ".JWW0U1Vb b1J1Y1Yt� I,IlNitx — LAIUAS WJUU3 Letter to Mr Jerry Crabill November 10, 1998 Page Three gameroom use was documented as trip generation or parking demand for the greater Ice- o -Plex facility, and is included intrinsically in the Grand Avenue Corporate Center sports /training facility traffic and parking estimates. As discussed previously, the scaled down GameWorks project is expected to operate in this same manner Based on the previous studies and the above discussion, it is our judgment that the 2,000 square foot GameWorks project within the sports /training facility is included within the traffic and parking " envelopes" defined by our previous analyses (attached) Further, 40 additional parking spaces, beyond the 265 spaces expected to be demanded by the sportshraining facility as described in our study, were required for the facility by the City's Conditions of Approval This amount of additional parking includes approximately 30 spaces added as a 10 percent "rule of thumb" provision of excess parking spaces above the peak demand When considering these factors, we believe that the reduced -size GameWorks project will not significantly affect the conclusions of those previous analyses. and as such. no additional traffic or parking demands will occur due to the inclusion of this modest GameWorks facility One other item is of note with regard to the sports / traming facility The project CUP approved an approximately 120,000 square foot facility As the plans for the site have been finalized, and additional input was received from both the Lakers and Kings organizations, the facility has grown by some 15,000 square feet to a total of 135,000 square feet The developer is presently in the process of trying to amend the CUP and has requested that we address any potential traffic or parking issues related to this issue In examining the larger facility, we believe the original traffic and parking analyses still hold, for several reasons First, and most importantly, facilities such as these do not typically generate trips or parking demand based on size, but rather on the components or uses provided Thus, the ice skating and roller hockey facilities will tend to generate relatively stable levels of utilization within a 10 to 20 percent size variability envelope, assuming, of course, that the additional size is not used to provide significant additional seating or other site - enhancing accessory uses. The approximately 12 to 13 percent overall size increase in the sports /training facility falls easily within this range Second, much of the size increase will go toward areas which will not result in additional occupancy demands. Approximately 10,000 of the additional square footage will be applied toward the Kings and Lakers private (e.g., non- public) locker and office spaces These uses will exhibit generally constant usage levels despite this size increase Of the remaining 5.000 additional square feet, 2,000 square feet will i M 11/11 /96 14.JO hAa 21JNNOUiVb blAt'Ltn, I -Lsitx Liin {ii ICLJ uua Letter to Mr Jerry Crabill November 10, 1998 Page Four - go towards the already - discussed GameWorks, which will have only nominal effects, if any at all, on the site's traffic and parking generation An additional 2.000 square feet, including 1,000 square feet of inventory storage, will go toward the already- approved site pro shop This addition to a site - onented retail establishment, which caters to ice and roller blade users of the facilities, is likewise not anticipated to significantly alter the site's operations The final 1,000 or so square feet will be " spread around" the facility, and probably result in nominal increases to various area footprints, including the ice and roller hockey arenas, although none to any obvious degree Due to the above circumstances, we feel that the 305 parking spaces provided for the sports/training facility will continue to be sufficient to accommodate parking for the site, including a 2,000 square foot GameWorks, and the overall expansion of the facility from 120,000 to 135,000 square feet. Please keep in mind also that Parcel 4, the site of the sports /training facility, has been conditioned to provide, if necessary, covenanted evening and weekend parking spaces at the adjacent parking structure (if completed) on Parcel 3, or other suitable location However, as described above, the site is not expected to need such parking under normal operating conditions, even if modified to the full extent described in this letter Please review the above discussions, and feel free to call me if you have any questions or comments RH:b C6091 attachment cc Ted Fikre ✓ Sincerely, Ron Hirsch Transportation Planner 189 11r 11. yb 14.JU FM !I399b0i9b 51AYLi:.S GhNIER — Lk1HAN iguot) Crain & Associates April 1, 1998 Draft Grand Avenue Corporate Center Sports/framing Facility Trip Generation and Parking Demand Study The Grand Avenue Corporate Center project, located along the west side of Nash Street between Manposa Avenue and El Segundo Boulevard in the City of El Segundo, proposes as part of its development a unique sports/training and public recreation facility This facility is conceived as an approximately 120,000 square foot structure, housing two ice skating rinks (one Olympic - sized rink and a separate NHL -sized rink), an in -line (roller skating) hockey rink, two basketball courts, shower and locker facilities, approximately 15,000 square feet of management offices, 4,000 square feet of site - onented "pro" shops and retail space, and approximately 4,500 square feet of snack bar /restaurant areas The facility will provide approximately 500 ice skating spectator seats, divided approximately evenly between the two ice rinks, and an additional 50 to 100 bleacher -type spectator seats for the in -line skating facility No public seating is envisioned for the basketball court areas The hours of operation for this facility are proposed to be from 4.00 AM to 1:00 AM, seven days a week. The site is proposed to provide 265 parking spaces While this sports /training facility is intended for use primarily by the public, it is also envisioned that approximately five to 10 percent of the time, some of the space will be utilized by local area professional hockey and/or basketball teams As such. some of the lockerishower and office space described above will likely house team facilities Ticket sales offices for the teams may also be located at the site The basketball courts described above are for the sole use by the professional team (or by visiting pro teams) for practice facilities, and will not be open to the public at anytime During periods when the professional hockey team is using the site, that portion of the facility being occupied by the team will be closed to the public, although the remainder of the facility will be available for public use The traffic study prepared for the Grand Avenue Corporate Center project as a whole contained "good faith" estimates of the expected trip generation and parking demand for the proposed sports /training facility However, due to the rather unique nature of the project, there is a lack of available data on the operations of such facilities, and the traffic and parking estimates were derived from information relating to stand -alone ice skatingiroller skating rinks, community recreational facilities, or other such data Because many of the "individual" components within the proposed facility will exhibit a synergy, or shared patronage, with other components on the site, the traffic study is expected to present a "worst case" assessment of the site's operations. That study concluded that weekday trip generation during the critical PM peak hour would be approximately 232 trips, and that the peak parking demand could be met by the proposed 265 spaces 190 i i, no �y•ou rAS cioanuuiau aiAri.na UMNI&A - 4iiaiu w,l uur In their review of the traffic study, the City's contract traffic consultants. Hartzog & Crabill, Inc noted that, if possible, a trip generation survey of a similar site should be performed to estimate the trip- generating characteristics and potential of the proposed site Additionally, IT was noted that the City requires a parking demand study to be performed for any land use not included in the City's parking requirements Sports /training and recreation facilities such as the one proposed are not included Thus, in order to estimate the trip generation and parking demands for the proposed project, Crain & Associates researched potential comparable facilities throughout Southern California, and identified a site that is acceptably similar to the one proposed On -site parking activity was surveyed over the course of three weekdays (including a Friday), and on a Saturday Trip generation data was collected for the critical PM peak hours on two weekdays, including a Friday, and for a Saturday The data collected, and the results and conclusions of the analysis, are discussed later to this report The site chosen, the Iceoplex/Funplex facility, is located at 8345 Hayvenhurst Avenue. in the North Hills community of Los Angeles While not identical to the proposed project, the Iceoplex complex contains two full -sized ice skating nnks, a regulation -sized roller skating/hockey arena, a game room (video games, etc.), management offices, a pro shop serving both ice and roller skating needs, skate rental facilities, locker room facilities, and a McDonald's restaurant and observation/dining area. Observation deck and bleacher seating for a total of approximately 750 to 800 persons is available for the ice rinks, with bleacher seating for an additional 75 to 80 spectators at the roller hockey arena. The McDonald's restaurant is intended for site patrons, and is not widely advertised off -site This existing facility provides a reasonably isolated (but not entirely site specific) parking area which can be accurately counted A total of approximately 250 to 300 parking spaces are available for the facility. Hours of operation are generally from mid- afternoon (3 00 PM or so) to approximately 1:00 AM, except during winter weekends, when the facility operates essentially 24 hours. The site operator indicated that there is little or no demand for opening earlier than mid - afternoon Although this existing facility does not operate during the mornings as the proposed facility is expected to, it does exhibit operations similar to the proposed sports /training facility during the key aftemoordevening and weekend periods Although this existing site does not have basketball courts, the courts proposed for the El Segundo facility will not be available to the public. Since only professional franchises will use the basketball courts, and then only on a limited basis, this difference is not expected to create a significant discrepancy between the two facilities However, more importantly, the existing site does exhibit key similarities with the proposed project First, the Iceoplex is the current practice facility for the Los Angeles Kings professional hockey franchise. Secondly, the features and amenities contained within the Iceoplex complex are unique to the area in which the site is located. This one -of -a -kind facility is located less than one and one -half miles west of the 1-405 Freeway, making it easily accessible for both local and 191 11'11.wo 14 " rAA S1."90U1aE blArLth "A111H » LAltiAN Lgj uua regional patrons Finally, the site is located within a semi - industrialized area similar to the location of the Grand Avenue Corporate Center, although the primarily surrounding land uses to the north, east and west area single- family residential These factors together combine to produce a "regional draw" phenomenon for the existing facility, in addition to its normal use by local area residents and part-time use by the LA Kings These similarities suggest an extremely high degree of correlation between the Iceoplex and the proposed sports /training facility As described previously, parking demand data for the Iceoplex site was collected for both weekday and Saturday conditions These counts were conducted on Wednesday, March 11, Thursday, March 26, Friday. March 27, and Saturday, March 28, 1998 "Sweeps" of the parking lot were conducted approximately every two hours on the weekdays, beginning at 10.00 AM, and continuing to at least 6 00 PM, or until the on -site parking accumulation stabilized or began to diminish On Saturday, sweeps were conducted every two hours beginning at 11:00 AM. Trip generation data was also collected on March 26 through March 28, 1998 For the weekdays (Thursday and Friday), PM peak period trip data was collected between 4.00 and 6.00 PM, while trip generation information was collected from 11:00 AM to 1:00 PM, and again from 3.00 to 5.00 PM on Saturday The trip data recorded the number of entering and exiting vehicles associated with the Iceoplex. The parking sweep data is summarized in Table 1, while the trip generation data is contained in Table 2 Time of Dav 10 00 AM 11.00 AM 12:00 Noon 1.00 PM 200 PM 300 PM 4:00 PM 5.00 PM 6.00 PM 7-00 PM 8,00 PM 830 PM 9.00 PM 930 PM Table 1 Iceoplex/Funplex Parking Demand Number of Vehicles Parked. By Dav Wednesday, Thursday, Friday, Saturday, March 11 March 26 March 27 March 2 16 50 30 85 35 42 88 149 3 49 67 116 160 190 165 44 166 69 272 114 247 196 2I7 209 222 234 211 192 110 62 11111.U0 11..11 rA zijewbulva Time 4:00 - 4:15 PM 4.15 - 4.30 PM 4:30 -445 PM 4.45 - 5:00 PM 5.00 - 5.15 PM 5:15 - 5.30 PM 530 -5.45 PM 5 45 - 6.00 PM J1AM.GJ l.G.%Ir.X Table 2(a) Iceoplex/Funplex Trip Generation Weekday Max Hour- 5.00 PM - 6:00 PM Thursday, March 26 In Out Total 15 14 29 21 19 40 14 9 23 9 11 20 22 8 30 26 20 46 20 18 38 24 8 32 92 54 146 Table 2(b) Iceoplex/Funplex Trip Generation Saturday, March 28 — Li1tlAM Fridav, March 27 In Out Total 27 11 38 22 8 30 26 10 36 16 24 40 32 14 46 33 26 59 29 30 59 30 10 40 124 80 204 Time In Out Total 11 00 - 11:15 AM 40 12 52 11.15 - 1 1:30 AM 48 16 64 1190 - 11.45 AM 31 17 48 11.45 - 12.00 Noon 42 23 65 12.00 - 12.15 PM 37 22 59 12:15 -12:30 PM 18 43 61 12:30 - 12 45 PM 21 29 50 12.45 - 1:00 PM 34 28 62 Max Hour: 11:15 AM - 12.15 PM 3.00 - 3 15 PM 3 15 - 3.30 PM 3.30 - 3.45 PM 3.45 - 4:00 PM 4.00 - 4.15 PM 4:15 - 4:30 PM 4.30 - 4 45 PM 4.45 - 5:00 PM Max Hour: 3:30 PM - 4 30 PM 158 78 236 23 14 37 23 33 56 21 37 58 39 35 74 46 47 93 33 50 83 23 31 54 30 16 46 139 169 308 4 193 WJ UUH lli `Ja 14.s: rA1 Llsuwbulub blAPUb (,h,\1hH ^ LA1HAV 10010 Both the parking sweeps and the trip generation data show that Fridays exhibit a higher parking demand and trip generation level, particularly, after 4.00 PM, than the typical weekdays (Wednesday or Thursday), as would be expected of a facility of this type Likewise, the Saturday characteristics of both parking and trip generation are markedly different from any of the weekdays. Again, this is not unexpected The parking data for each of the days surveyed is show graphically in Figure 1 Parking accumulation data for interim periods between "sweep" data were computed using the inbound /outbound trip data from Table 2 where applicable, or estimated using linear interpolation between known data points Figure 1 also indicates the amount of parking proposed for the Grand Avenue Corporate Center sports /training facility. for comparison The typical weekday data (Wednesday and Thursday) show that parking demand gradually increases throughout the day, with significant increases in activity occurring after 2:00 PM. when schools typically dismiss Parking demand peaked at about 7 00 PM, with 190 vehicles on -site (Note Although parking data was not collected after 6:00 PM on Wednesday, March 11, this day exhibits a similar but at least 10 percent lower demand than Thursday, March 26, which was thus considered to be the typical mid -week weekday.) PM peak hour trip generation for these mid -week weekdays shows that the peak 15- minute period occurred between 5.15 and 5.30 PM, when 46 vehicles entered or exited the site The peak one -hour period occurred between 5:00 and 6 00 PM, coinciding with the peak commuter traffic times on the area roadway system During this time, the site generated a total of 146 trips, with 92 inbound and 54 outbound The Friday (March 27) parking profile was similar to both Wednesday and Thursday prior to 4.00 PM However, following this time, site activity increased steadily until 7 00 PM, where it remained relatively constant through 9.00 PM, when it began to subside The maximum parking occurred at approximately 9 00 PM, with 234 vehicles parked on -site Peak trip generation for Friday also occurred between 5.00 and 6:00 PM, with a total of 204 vehicles entering and exiting the site, 124 inbound and 80 outbound (Note A total of 204 vehicles also occurred between 4 45 and 5 45 PM, although the inbound/outbound "trip splits" were somewhat different. 110 inbound and 94 outbound). The peak 15 minutes of trip activity occurred at two consecutive times, 5:15 to 5:30 PM, and 5:30 to 5:45 PM, with 59 vehicles entering or exiting the site during each period Before discussing the Saturday activity at the subject site, it should be noted that the primary purpose of this report is to document traffic and parking characteristics of a site similar to the proposed Grand Avenue Corporate Center sports /training facility, and to generally provide data to support or refute the conclusions of the original traffic study. A preliminary assessment of the parking and trip data collected at the Iceoplex complex was contained in a letter to Mr Jerry Crabill, of Hartzog & Crabill This letter concluded that the traffic study was 194 11/11/98 14:32 FAX 2139960196 300 STAPLES CENTER - UTH41 10 011 250 t -------------------- 1 w200 - -- — -------- - - - - -- ------------ - - - - -- --------------- - - - - --- U 1' f. W 3 0 150 i_ __ __ __ ___ __ ___ ___ __ ___ ______ _13x -__ -_ w ) Cm G M Z 100. 50 N 1 m Z 2 04 m v tf) to P QD 0) i Q N a. 1L TIME OF DAY WEDNESDAY 3111/98 THURSDAY 3/26/98 -----FRIDAY 3/27/98 SATURDAY 3/28198 — — SPACES AT GACC SITE FIGURE 1 PARKING ACCUMULATION CURVES CRAM & ASSOCIATES 2007 5awtelle Boulev 25 ICEOPLEXJFUNPLEX FACILITY -NORTH HILLS wa An6elea. Cal o y rma 0 1310) 473 -6600 Transportation Planning • Traffic Eagin"nn( ,a. 195) 6 11,11 %98 14 Sd F:UL 21399b9196 STAPLES CENTER » LkTHkM tool_ _ conservative in estimates of both weekday trip generation and parking demand The data contained herein supports that conclusion Midweek weekdays show PM peak trip generation of approximately 146 trips per hour (92 inbound, 54 outbound), and maximum parking demand of 190 vehicles. Fridays show higher activity, with 204 PM peak hour trips (124 inbound, 80 outbound) and a maximum of 234 vehicles parked on -site The trip generation assumed for the traffic study was 232 trips per hour (127 inbound, 105 outbound) Thus, the results of the empirical weekday traffic and parking study indicate that the traffic study was conservative (although close to the actual data) in its trip estimates. Additionally, the peak weekday parking observed at the Iceoplex complex would not exceed the amount of parking provided at the proposed El Segundo facility Finally, as a supplement to the weekday parking and traffic analyses, Saturday activity was also evaluated. Due to the nature of the facility, it was expected that both parking activity and trip making would be higher than on a weekday This expectation proved to be correct Parking demand was already moderate at the initial 11:00 AM parking sweep, with 85 vehicles on -site at that time Demand gwckly increased throughout the early afternoon, to peak at approximately 272 vehicles at 3.00 PM Parking demand remained high until approximately 5.00 to 5.30 PM, when activity dimirushed rapidly, to approximately 62 vehicles by 8:00 PM Trip generation for the facility was high during both the 11:00 AM to 1:00 PM, and 3.00 to 5.00 PM periods, although as one would expect, the midday time exhibited a greater percentage of inbound trips, whereas the aftemoonlevening periods shows a greater number of exiting vehicles During the 11.00 AM to 1 :00 PM period, the peak 15- minute activity occurred from 11.45 AM to 12 00 Noon, with 65 vehicles entering or exiting the site The peak one -hour of traffic in this period occurred from 11.15 AM to 12:15 PM, when a total of 236 vehicles accessed the site (158 inbound and 78 outbound) The Saturday afternoonlevening period exhibited the highest traffic volumes of all periods counted. Peak activity occurred between 4.00 and 4.15 PM, with 93 total vehicles accessing the parking lot Peak hour traffic occurred between 3.30 PM and 4.30 PM, when a total of 308 vehicles (139 entering, 169 exiting) were observed In summary, of the days surveyed at the Iceoplex complex, none of the weekdays exceeded either the trip generation estimates contained in the Grand Avenue Corporate Center project traffic study, or the amount of parking proposed to be provided by the sports /training facility The Saturday data did exceed both of these estimates, although Saturday conditions were not analyzed in the protect traffic study, and direct comparisons to the weekday estimates are not viable However, the peak parking observed for Saturday was only approximately seven vehicles in excess of that provided by the proposed facility (272 vs. 265 spaces) While this difference is nominal (less than three percent), it can easily be explained by the fact that the Iceoplex site 7 196 /111198 14 33 FAX 2139960196 STAPLES CENTER » LATHAM ItO13 provides nearly half again the spectator seating of the Grand Avenue facility (approximately 880 total seats vs. approximately 600 total seats). Fewer available seats at the Grand Avenue site could reduce parking demand significantly from that observed at the Iceoplex Finally, the higher trip generation expected from the facility on weekends will occur during periods of reduced traffic in the area, when the adjacent Grand Avenue Corporate Center offices are only nominally utilized As a result, overall traffic conditions in the project area are expected to be good, and the increased sports /training facility trips will not cause significant impacts to traffic on weekends 197 EXHIBIT E HERTZOG AND CRABHILL TRAFFIC AND PARKING REVIEW LETTER 198 c...n ww.M. wr. a..w�.nr r.,w. iv wr.av,r.wr.. We Ar7 T, � rr ffift 1. rrnnw T. Hartzog & Crabill, Inc. Tram Hartzog President Jerry Crabill, P E , Principal 275 Centennial Way Suite 208 Tustin, CA 92780 Phone (714) 731 -9455 FAX (714) 731 -9498 December 8, 1998 TO Emmanuel Ursu, City Planner City of El Segundo FROM Jerry Crabill, Consulting Traffic Engineer Hartzog & Crabill, Inc SUBJECT- Follow -up to the December 7, 1998 Memo: Continued Parking Evaluation of Gaming Expansion Alternative My Deee.nber 7, 1998 memorandum to you indicated that my conclusion for 305 parking spaxs being valid for the protect still remains. I indicated in the memo that the parking demand associated with my concern (expansion of the office area) would not materialize You provided me with new information (as did Crain and Associates) that gives a comparison between the approved size of the project versus the proposed size that reveals an actual net increase of expansion The mfomiatton shows that the administrative team offices woItld increase by 500 sq ft and the retail would increase by 3,000 sq. ft I agree that this amount of expansion would not have an adverse unpaet on the project and the current level of perking which is identified as 305 spaces can remain as is JC jh 199 Consulting Traffic Enginsrs to Gowrransnt Agirncies EXHIBIT F DEVELOPMENT AGREEMENT 98-1 200 E :iEMPr FROM RECORDER' 3 - EES P7%IVATE Pursuant to Government Code §§ 6103, 27383 Recording Requested By and When Recorded Return to: CITY CLERK CITY OF EL SEGUNDO 98 1109405 utu/FILED IN 0' RECORDER'S LOS ANGFLFc 3:21 PM JUN 30 1998 1 L DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO ABED M.S. VIC ZRS II, LLC 201 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65866.5 202 L • ' 98 1109405 2600 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this IZ2L day of .� uN� 1998, by and between the CITY OF EL SEGUNDO, a city in the State of California ( "City "), and MS VICKERS II, LLC (the "Developer "). In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows: 1. Recitals This to the following facts and for which are acknowledged as tru Agreement is made with respect the following purposes, each of and correct by the parties: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process. B. The Developer is the owner of certain real property, 23.03 acres in size, generally located along the west side of Nash Street between Mariposa Avenue and E1 Segundo Boulevard (the "Site ") and more specifically described by the legal description shuwii on ExhilAt A attached hereto. C. The Parties desire to enter into this Agreement in conformance with the Government Code and the City of E1 Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement. D. The development for the Site, as proposed by the Developer, will consist of the construction of a mixed -use development, as described in Exhibit B attached hereto (the "Project "). E. On March 26, April 9, and April 23, 1998 , the Planning Commission of the City of E1 Segundo held duly noticed public hearings on the Developer's application for 3 203 98 1109405 2600 -_ this Agreement. F. On May 5, 1998, the City Council held a duly noticed public hearing on the Developer's application for this Agree- ment. G. On May 19, 1998, the City Council of the City adopted Ordinance No. 1287 approving this Agreement with the Developer. H. The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement. I. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project and Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agreement. J. Developer has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City has given notice of intention to consider this Agreement, has conducted public hearings thereon pursuant to the Government Code, and has found that the provisions of this Agreement are consistent with the City's adopted plans and policies, the "Zoning Ordinance" (as hereinafter defined) and the City of E1 Segundo's General Plan. K. This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of E1 Segundo and the surrounding region. The City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region. L. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, pre- clude or regulate development of the Project on the Site except as provided for herein. 204 98 1109405 M. An environmental review approved in conjunction with the Approvals in accordance with ordinances, and regulations of the the City of E1 Segundo. ,• is has been conducted and above referenced Project the applicable statutes, State of California and of N. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site Further, this Agreement eliminates uncertainty about the validity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public services appropriate to the development of the Project Site, and generally serves the public interest within the City of E1 Segundo and the surrounding region. 0. The City is entering into this Agreement in part because it anticipates that the Project, once completed, will generate a substantial positive impact to the City. In particular, the City anticipates that the contemplated hotel portion of the Project will be a significant contributing factor towards such positive impact and will offset the negative fiscal impact of the office portions of the Project. 2. Definitions. Ir; this Agreement, unless the context otherwise requires: (a) "Applicable Rules" means: (I) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth manage- ment, environmental consideration, and design criteria applicable to the Project as modified by Sections 6b, 6c, and 6d of this Agreement; and (ii) the mitigation measures adopted by the City and the conditions imposed by this Agreement and the Project's Discretionary Approvals. (b) "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize 3 2 05 98 1109405 the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. (c) "Effective Date" shall be the date the applications for Discretionary Approvals were deemed complete pursuant to Government Code § 65943, which was on March 3, 1998. (d) "Main Building" shall be as defined by Section 20.08.190 of the Zoning Ordinance. (e) "Pro3ect Area" shall mean a portion of the Site proposed for development and shall correspond to those Project Areas identified in Exhibits 'B', 'C' and "D." For the purposes of this Agreement, a Project Area need not be a "Lot" as defined by the Zoning Ordinance. (f) "Public Improvements" mean those public improve- ments required by the City that the Developer agrees to construct and dedicate or pay money in lieu of construction, according to the terms of this Agree- ment and the Project Approvals. (g) "Research and Development (R &D)" shall be as defined by Section 20.08.675 of the Zoning Ordinance. (h) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, 4 98 1109405 206 development, density, permitted uses, growth manage- ment, environmental considerations, and design criteria applicable to the Project and Site. The parties intend the development of the Project and the Site to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this Agreement. W "Zoning Ordinance" is the Zoning Ordinance for the City of E1 Segundo contained in the E1 Segundo Municipal Code as it exists on the Effective Date. 3. Interest of Developer. The Developer represents to the City that, as of the Effective Date, it owns the Project Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 4. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the land comprising the Project Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. 5. Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners or employer/ employee. 6. Development of the Property. The following specific restrictions shall govern the use and development of the Project as described in Exhibit 'B', and without the need for any additional Discretionary Actions: (a) Development Standards. All design and develop- ment standards applicable to the development of the Site shall be in accordance with the Applicable Rules, the conditions of the Discretionary Approvals as adopted, amended or modified in the future by mutual consent, except as noted in Section S 98 1109405 207 6b, 6c, and 6d below. The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Project's mitigated negative declaration, all Applicable Rules, conditions .imposed by the Project's Discretionary Approvals, and this Agreement. (b) Exceptions to Development Standards Exceptions to the design and construction of the development, by Project Area, are permitted pursuant Exhibit 'D' attached hereto. (c) Development Modifications. The Developer shall be permitted to make the following modifications to the Project: (1) First floor areas. A minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational /sports training facility), shall be used as support retail, service, restaurant, employee cafeteria and similar permitted accessory uses as regulated by the provisions of the MU -N (Urban Mixed -Use North) Zone. The uses shall be distributed to Project Areas both north and south of Grand Avenue. A maximum of 75 percent of first floor areas, but not to exceed 25 percent of the total net floor area of any Main Building in either Plan 'A' or Plan 'B' (excluding the recreational /sports training facility) may be used as support retail, service, restaurant, and similar permitted accessory uses as regulated by the provisions of the MU -N Zone. (2) MU -N Substitute Uses. The Developer may substitute any of the uses described in Exhibit 'B' in either Plan 'A' or Plan 'B'. In addition, the Developer may substitute uses not described in Plan 'A' and Plan 'B' by obtaining approval of an Administrative Use Permit, if (1) such uses 6 208 98 1109405 are consistent with applicable zoning, including the requirements for the MU -N zone, and (2) the Planning Commission determines that the environmental impacts of such substitute use(s) would not cause overall project impacts to exceed those identified in the Project's Initial Study and Mitigated Negative Declaration (d) Recreational Standards. The Project fully satisfies the City's "Industrial Development Recreational Standards and Guidelines" if a recreational/ sports training facility, pedestrian perimeter jogging /walking trails, and picnic /bench areas are developed under Plan 'B' or if the recreational areas depicted on the site plan for Plan 'A' are developed. Facilities shall be installed to the satisfaction of the Department of Planning and Building Safety and the Department of Parks and Recreation. The recreational facilities (excluding the indoor basketball court at the recreational /sports training facility) shall be made available to all tenants, employees, hotel patrons and their guests within the Project Site. If, in the future, the recreational /sports training facility is demolished, converted to another use, closed to the public, or is closed for more than one year, then the current owner of the facility shall be required to satisfy the "Industrial Development Recreational Standards and Guidelines" in effect at the time of demolition, conversion or closure, for the entire Project Site. The current owner shall be entitled to receive credit for other recreational facilities, that satisfy the "Industrial Development Recreational Standards and Guidelines" existing on the Project Site. (e) Mixed -Use Commitment /Development Phasing/Fiscal _Consideration. Prior to the issuance of a certificate of occupancy for more than 325,000 square feet of net floor area of office building use, the applicant shall construct, complete and 98 1109405 209 have a certificate of occupancy for a hotel, the recreational /sports training facility or a substitute, non - office use as may be permitted by the MU -N Zone and the Project's environmental clearance. The Developer shall be required to construct a hotel, recreational /sports training facility, or substitute use(s) as permitted and described in Section 6(c)(2) herein which will generate at least $50,000.00 of annual net revenue (excluding the City's costs associated with services to support the aforementioned office buildings) according to the fiscal impact analysis prepared with the Initial Study for the Project Site (a copy of which is attached hereto as Exhibit 'E') . In the event that the Developer does not construct a hotel, and /or the recreational /sports training facility, or the substitute use(s) which do not generate at least $50,000.D0 of annual net revenue as described above, the Developer shall be required to pay the City annually the difference between $50,000.00 and the actual amount of net revenue generated by the use(s). Annual payments shall be made to the City on or before April 30th of each year. The payments shall be made for a period of 10 years from the date of occupancy of the second main office building on the Project Site. Prior to such occupancy, the developer or applicant shall deliver to the City a bond or other security acceptable to the City Attorney for purposes of ensuring the delivery of said payment. The $50,000.00 amount referenced in this paragraph shall be adjusted by percentage change in the Consumer Price Index (Los Angeles /Long Beach Index all urban consumers) commencing from its level on the effective date January 1, 2000. If at any time the Developer desires to terminate its obligation hereunder, the Developer may elect to make a lump sum payment to the City of $50,000.00 for each year of the ten year term which has not been satisfied net present value at six percent (6%) over the remaining term. Furthermore, the construction of said hotel, recreational /sports training facility, or substitute use(s) shall begin a 210 98 1109405 on or before the issuance of a building permit for any third office Main Building beyond 325,000 square feet of net floor area. 7. Acknowledaments Agreements and Assurances on the Part of the Developer. The parties acknowledge and agree that Developer's faithful performance in developing the Project on the Site and in constructing and installing public improvements, making payments and complying with the Applicable Rules will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement as more particularly described in this Section below. The parties further acknowledge and agree that the exchanged consideration hereunder is fair, dust and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Site, and further acknowledges that said consideration is necessary to mitigate the direct and indirect impacts caused by the development of the Project. In consideration of the foregoing and the City's assurances set out in Section 8 below, Developer hereby agrees as follows: In lieu of dedication of a portion of the Site for public use as required by the AARP (as defined in Section 27 of this Agreement), the Developer shall pay to the City $588,000, or at the City's option, expend $588,000 for use to repair, restore and /or improve fire and public safety facilities located within or adjacent to the Project Site. Said payment shall be made to the City by the Developer prior to the issuance of a certificate of occupancy for the Site's third Main Building. 8. AAcknowledaments Agreements and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, and in consideration for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City 98 1109405 211 hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules. Therefore, the City hereby agrees and acknowledges that: (a) Entitlement to Develop The Developer is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules and, should the City make the findings set forth below in this subparagraph (a) , any Subsequent Applicable Rules . Any change in the Applicable Rules, includ- ing, without limitation, any change in the General Plan, any applicable specific plan, Zoning Ordi- nance, growth management regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines that the failure of the City to apply Subsequent Appli- cable Rules will place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other similar developments in the City. Subsequent applicable rules with regard to increases in existing permit fees imposed by the City (i.e., fees intended to cover the City's processing costs) and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be imposed on Developer. In the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. io 212 98 1109405 it 'i (i) Traffic Mitigation Fee /Traffic /Air Quality Option Matrix. The Developer's traffic impact mitigation fee, as required by the City's Traffic Mitigation Fee Resolution, shall be reduced by an amount equal to the estimated costs for those Localized Improvements identified in the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix included in the Project's Initial Study as approved by the City, and as constructed by the Developer. Any excess transportation - related credits from any individual Project Area may be applied by the Developer against Traffic Impact Mitigation Fees for future Project Areas. The traffic mitigation fees paid by the Developer may be used as air quality credits to mitigate the project's air quality impacts if: (a) the fees are used by the City to install traffic or other improvements which improve air quality and the contracts for the improvements have been fully executed, prior to the issuance of a certificate of occupancy for the Project Area which requires air quality mitigation; and (b) the Developer demonstrates to the satisfaction of the Departments of Planning and Building Safety and Public Works that said traffic improvements installed by the City, or the Developer, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix are approved, however, if the Developer desires to install any of options 2 through 7, it shall require subsequent review and approval of the Planning Commission and City Council as noticed public hearings. (b) Subseouent Discretionary Actions. With respect to any Discretionary Action or Discretionary Approval that is, or may be required subsequent to the execution of this Agreement, the City agrees 98 1109405 213 that it will not unreasonably withhold from Developer or unreasonably condition or delay any such Discretionary Action or Discretionary Approval which must be issued by the City in order for the development of the Project Site to proceed unless the City determines that (1) the failure to impose such condition would place residents of the Cwty in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated an a reasonable manner and (2) such condition is applied consistently and evenly to all other similar developments in the City. Moreover, in the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. 9. Cooperation and Implementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement. Developer shall, in a timely manner, provide the City with all documents, plans, and other information necessary for the City to carry out its obligations under this Agreement. 10. Review of Compliance. (a) Periodic Review. The City Manager of the City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the E1 Segundo Municipal Code in order to ascertain compliance by the Developer with the 12 2 1 4 98 1109405 2600 '~ terms of this Agreement. (b) Special Review. The City Council of the City may order a special review of compliance with this Agreement at any time but not to exceed twice per year. The Director of Planning and Building Safety or the City Council, as determined by the City Council, shall conduct such special reviews (c) Procedure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Developer. The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code § 65865.1. (d) Cure of Default. If, on the basis of review of this Agreement, the Director of Planning and Building Safety concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Director of Planning and Building Safety may issue a written "Notice of Non- compliance" specifying the grounds therefor and all facts demonstrating such non - compliance. After receipt of said Notice, the Developer shall, within thirty (30) days, indicate to the City in writing the method for curing the alleged non - compliance. The Developer's failure to cure the alleged non- compliance within 120 days for non - monetary defaults and 30 days for monetary defaults after receipt of said notice (or, if not susceptible to being cured in such time, then Developer's failure during such time to commence such cure, and thereafter to diligently pursue such cure to completion), shall constitute a default under this Agreement, subject to possible termination of the Agreement as provided below. Upon completion of a periodic review or a special review, the Director of Planning and Building Safety shall submit a report to the City 13 215 98 1109405 2600 Council setting forth the evidence concerning good faith compliance by the Developer with the terms of this Agreement and the recommended finding on that issue. 11. Proceedings Upon Termination. If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code §§ 65868 and 65867. At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds, based upon substantial evi- dence, that the Developer has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. 12. Modification. Amendment, or Cancellation. Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the E1 Segundo Code and Section 65868 of the Government Code. 13. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of eight (8) years, unless said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect; provided, such termination shall not automatically affect any right of the City or Developer arising from City approvals on the Project Site prior to the expiration of the term or arising from the duties of the parties as prescribed in this Agreement. 14. Remedies For Default. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or 14 216 98 1109405 the application thereof. The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Site to its prior state once the construction is commenced. Moreover, Developer has invested a considerable amount of time and financial resources in planning the time, location, intensity of use, improvements and structures for the development of the Project Site. For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately compensate the parties. Therefore, the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement. The Developer's remedies under this Agreement shall be limited to the right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Developer fails to make any payment or complete any other act or performance specified in this Agreement in a reasonable manner, the Developer shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement. The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Devel- oper, including any of the Developer's successors, assigns, transferees, or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or any portion thereof. 15. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in a court of competent jurisdiction not later than 90 days following the 15 217 98 1109405 date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6. 16. Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below. If to City. City of E1 Segundo Attn: Director of Planning and Building Safety With a Copy to: Burke, Williams & Sorensen 611 West Sixth Street 25th Floor Los Angeles, CA 90017 If to Developer: MS VICKERS II, LLC C/o Morgan Stanley Real Estate Fund, Inc. 1999 Avenue of the Stars, Suite 2000 Los Angeles, CA 90067 Attn: Mr. James R. Brooks 17. Severability and Termination. If any provision of this Agreement is determined by a court of competent Durisdicti.on to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 18. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 19. Force Maieure. In the event of changed condi- tions, changes in local, state or federal laws or regulations, floods, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of God, or other circumstances 16 98 1109405 218 ",:, -,1) which substantially interfere with carrying out the Project, as approved by the City, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. 21. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 22. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 23. Attorney's Fees. If action for the interpretation, cancellation or rescission of this performance for the breach hereof, be entitled to its reasonable at expenses and costs. either Party commences any enforcement, termination, Agreement, or for specific the prevailing party shall torney's fees, litigation 24. Incorporation of Exhibits. The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit A Legal Description of Site Exhibit B Description of Project 17 219 98 1109405 Exhibit C Site Plan Exhibit D Grand Avenue Corporate Center Exceptions to Development Standards - Plan `A '/Plan `B' Exhibit E Grand Avenue Corporate Center Initial Study and Mitigated Negative Declaration, Volume II B, Appendix I - Fiscal Impact Analysis Exhibit F Ordinance No. 1287, (Development Agreement 98 -1) and Attachment "A," Conditions for Grand Avenue Corporate Center and Attachment "B," Mitigation Monitoring Program Exhibit G City Council Resolution No. 4063, (Environmental Assessment 430) 25. Entire ar m n , on li This Agreement represents the entire agreement of the parties. Should any or all of the provisions of this Agreement be found to be in con- flict with any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this Agreement shall prevail. 26. Assianment. The Developer may assign and allocate its rights, and delegate its duties, under this Agreement to any party acquiring a portion of the Site. If such acquiring party assumes the Developer's obligations hereunder with respect to the acquired parcel, the Developer shall be released from its obligations hereunder with respect to such parcel. If any such assignee or its successors or assigns defaults in its assumed obligations hereunder, then the City's sole remedies shall be against such assignee or its successors or assigns, and the Developer and the owners of other portions of the Site shall have no liability, nor be subject to any remedy hereunder, with respect to the defaulting owner's default. 27. Aaraeanpnt Affecting R ai roner An Agreement Affecting Real Property ( "AARP") was recorded as Instrument ie 220 98 1109405 No. 84- 313091 on March 14, 1984, between the City and the preceding owner of the Site. Upon execution of this Agreement by all parties, the AARP shall be superseded and become null and void. 28. Hold Harmless, The Developer hereby agrees to and shall defend, protect, save and hold the City and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, judgments and/or liabilities for any damages arising out of, or resulting from, the City's approval of this Agreement or either party's performance pursuant to this Agreement; provided, however, that the Developer shall not be required to indemnify the City from its active negligence or willful misconduct; and further provided that the Developer may elect to legally challenge the City's implementation or interpretation of this Agreement. IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date first written above. CITY OF EL SEGUNDO Mayor ATTEST Cl as to form: City Aktorney 19 221 98 1109405 26 0 0 . T77 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On t' �1%before Cindy Mortesen, City Clerk of the City of El Segundo Mike Got don Mavor of the City of El Segundo, personally know to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his authorized capacm and that b� his signature on the instrument the entity upon behalf of which he acted executed the instrument W nness nry hand and Official Seal ddtr> nesarrlu�'�' -E�.- 222 98 1149405 KS VICKERS II, LLC B / JAMES R BROOKS FPresident VICE PRESIDENT By: Secretary zo 223 98 1109405 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On SUr+l.- , 19q*7, before me, the undersigned, a Notary Public in and for said state, personally ap- peared nwvv.¢_-� A fjHryKS &Rd , known to me to the personA who executed the within instrument as Mayor and City Clerk, respectively, of the CITY OF El Segundo, the public agency therein named, and acknowledged to me that such Commission executed the within instrument pursuant to its bylaws or a resolution of its members. WITNESS my hand and official seal. Name (typed or prin STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On J uv_f_ l2 , 19q$ , before me, the undersigned, a Notary Public in and for said State, personall appeared %_pAN --&3 Q- 6vo-Dk3 , known to me to be theJTresident of the corporation that executed the within instrument, known to me to be the person$L who executed the within instrument on behalf of MS VICKERS II, LLC, the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. .� C'N]Y PUN C 1 F �ACommiva-1w 1152653 I Name (typed or ND•O'Y ?UDi1C - C01ifomi0 '1 . Los Angeies County �" nT Con— BOO AJ923 2001 21 224 inted) 98 1109405 EXHIBIT 'A' LEGAL DESCRIPTION OF SITE THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCEL A: PARCEL 1, IN THE CITY OF EL SEGUNDO, AS SHOWN ON PARCEL MAP 15115 FILED IN BOOK 168 PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED OCTOBER 11,1991 AS INSTRUMENT NO. 91- 1615206. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, RECORDED AUGUST 2, 1993 AS INSTRUMENT NO. 93- 1488403. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 1 PAGES 507 AND 508, OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 7, DISTANT THEREON SOUTH 89 55'25" EAST, 1598.40 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 0 04' 35" EAST 1120.10 FEET; THENCE SOUTH 89 55' 25" EAST, 60.00 FEET; THENCE SOUTH 0 04' 35" WEST, 73.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 00' 00 ", AN ARC DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 70.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1053 FEET; THENCE EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 205.09 FEET TO A POINT DESIGNATED AS POINT "A" FOR PURPOSES 22 98 1109405 225 OF THIS DESCRIPTION; THENCE TANGENT TO SAID CURVE, NORTH 78 45' 13" EAST, 197.08 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO SEPULVEDA PROPERTIES, EXHIBIT 'A' (continued) INC RECORDED ON JUNE 30,1969 AS INSTRUMENT NO 759 IN BOOK D -4419 PAGE 266 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, THENCE CONTINUING NORTH 78 45' 13" EAST, 210.24 FEET TO A POINT DISTANT NORTH 78 45' 13" EAST, 407.32 FEET FROM SAID POINT "A ", ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947 FEET THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 187.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 30.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS SOUTHEASTERLY TERMINUS TO THE WESTERLY LINE OF THE EASTERLY 50.00 FEET, MEASURED AT RIGHT 'A�GLES, OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 55' 02 ", AN ARC DISTANCE OF 31.39 FEET TO SAID LAST- MENTIONED POINT OF TANGENCY, THENCE ALONG SAID WESTERLY LINE, SOUTH 0 00' 23" EAST TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE SOUTHEASTERLY CORNER OF SAID LAND DESCRIBED AS PARCEL 1 IN THE DEED TO SEPULVEDA PROPERTIES, INC., THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND SO DESCRIBED TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: CONTINUING NORTH 7B 45' 13" EAST, 210.24 FEET TO A POINT DISTANT NORTH 78 45' 13" EAST, 407.32 FEET FROM SAID POINT "A ", ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947 FEET THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 187.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 30.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS SOUTHEASTERLY 23 226 98 1109405 TERMINUS TO THE WESTERLY LINE OF THE EASTERLY 50.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 55' 02 ", AN ARC DISTANCE OF 31.39 FEET TO SAID LAST- MENTIONED POINT OF TANGENCY; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 00' 23" EAST TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND EXHIBIT 'A' (continued) DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE SOUTHEASTERLY CORNER OF SAID LAND DESCRIBED AS PARCEL 1 IN THE DEED TO SEPULVEDA PROPERTIES, INC., THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND SO DESCRIBED TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK D -3443 PAGE 108, OFFICIAL RECORDS OF SAID COUNTY THENCE WESTERLY, PARALLEL WITH THE SOUTHERLY LINE OF THE SOUThEASl QUARTER OF SAID SOUTHWEST QUARTER, A DISTANCE OF 220 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE PARCEL OF LAND IN THE DEED TO THE CITY OF EL SEGUNDO, RECORDED IN BOOK 32811 PAGE 79 OF SAID OFFICIAL RECORDS, THENCE SOUTHERLY ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH L(NE OF SAID SECTION 7. EXCEPT THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED OCTOBER 2,1991 AS INSTRUMENT NO. 91 - 1556135.ALSO EXCEPT FROM PARCELS A AND B, ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. 24 r � j 227 98 1109405 EXHIBIT 'B' DESCRIPTION OF PROJECT The Developer proposes to devVlop the Site as follows (see Exhibit 'C' for the alternative site plans) : Plan 'A' - Maximum Allowable Development Under CEQA Clearance Proiect Area No. 1 2 9 E Use Net Floor Area Office 135,000 s.f. R &D 45,000 s.f. Office 253,800 s.f R &D 84,600 s.f. Office R &D Office R &D 5 Hotel (200 rooms) includes 3,500 s.f. restaurant 229,500 s.f. 76,500 s.f. 179,343 s.f. 59,781 105,000 s.f. Note- The Developer shall be permitted to make one or more of the following substitution of uses: 25 228 r - 98 1109405 -)L,nn Plan 'B' - Maximum Allowable Development Under CEQA Clearance Project Area t! 2 3 E Substitute Uses 180,000 s.f Hotel and restaurant office /R &D 64,392 s.f. (150 rooms) 338,400 s.f. 293,760 s.f. office, office /R &D 32,640 s.f R &D, and 12,000 s.f. day care center 306,000 s.f. office /R &D 239,124 s.f. office /R &D 5 Hotel (200 rooms) includes 3,500 s.f. restaurant 26 121,500 s.f. office 13,500 s.f. R &D 120,000 s.f. recreation /sports training facility includes 15,000 s.f. of office space)with a 1,500 s.f. snack bar, a 3,000 s.f. restaurant and a 4,000 s.f. retail store. (No change.) 223 98 1109405 W n °a O n ti 9 w O m 1 m E n y T > Y a O A a i w °a a m n ti > 9 MAWPo AVCw '1 gill i 1 I■ j 2600...a 110940 Tit rrr y S s Id .1 98 aSEGUIOp EOIA.EVAW 110940 a 0 m H 9 M a T y 9O O L m n m a a Q m n ti s a i O y a 0 Y '7 Y A F�SFGLm00801AFV�M L� i 1 i' �C i� M E� rr� M �; 98 I 0 n 2600 11 009Z Conceptual Plan B i , 1 Project Area 4 MASH i C _ i I I• b. • i �I I I 'SOItTmWrVlRe eaLon V FaccfltyF,` ; II' • I K ca l.11' I i!1 of i 98 1109405 I 2 3 Project Area 4 Detail 009Z EXHIBIT G INTER- DEPARTMENTAL COMMENTS 233 a4f f a devand&9 Inter - Departmental Correspondence December 1, 1998 To. Bret B Bernard, Director of Planning and Budding Safety From John 0 Wayt, Acting Chief of Polio Subject Environmental Assess EA -467, Dev opment Agreement 98 -1 Conditional Use Permit 98 -8 and Parking Demand Analysis 98 -3 Amendment to Grand Ave Corporate Center Project Area 4 Address 555 Nash Street Applicant and Property Owner L.A Ice Venture Company, LLC The Police Department has reviewed Environmental Assessment EA-467 and returns it with the following recommendations and questions Recommendations Block Wall The block wall and security gates enclosing the professional athlete's parking lot should be secured as was recommended in the memo dated November 10, 1998 Lighting Aisles, passageways and recesses related to and within the building, the public parking lot, the secured parking lot for the athletes and the areas around the entire perimeter of the budding should provide a maintained minimum of one footcandle of light on the surface during hours of darkness A wall pack should be placed over the shipping /receiving door and over the dumpster with one footcandle minimum maintained Lighting devices shall be protected by weather and vandal resistant covers A photometric study should be provided Addressing Numerals should be between 12" to 24" high, visible from the street, of contrasting color to the background and illuminated during hours of darkness Landscaping All landscaping should be low profile around the perimeter of the budding, the perimeter walls, windows, doors and entry ways taking special care not to limit visibility. Floral or grass ground cover is recommended. Bushes should be trimmed to 2 feet and away from the building Dense bushes should not be clumped together, this provides a cover for criminal activity Trees should be trimmed up to 7 feet Shipping/Receiving Dock Area If there is a loading dock, it should have a wall pack placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) 234 Kings & Lakers Facility /Page two Doors and Hardware All doors accessible from corridors should be of solid core construction and a minimum thickness of 1 3/4 inches. Entry doors to offices (also see Training /Locker Room Areas listed below) shall have a deadbolt locking device The deadbolt throw should have a 1 inch projection The cylinder guard should be of case hardened steel, with the outer edge angled or tapered and free spinning The exterior part of the lock should be connected to the inside portion of the lock with bolts at least 114 inch in diameter and constructed of steel The locking mechanism should contain a minimum of a 5 pin tumbler Main entry doors with glass construction should be of fully tempered glass OR rated burglary resistant glazing Strike plates should be made with a minimum 16 U.S gauge steel, bronze or brass and secured to the jamb by a minimum of two screws, off -set and which must penetrate at least 2 inches into solid backing beyond the surface to which the strike plate is attached Panoramic door viewers (180 -190 degrees) should be installed in entry doors to offices, cash handling areas and delivery doors Dumpster The trash dumpster should be enclosed with steel tubular fencing. If the dumpster is not enclosed by steel tubular fencing, it should be constructed in a way which fully encloses the dumpster (roofing connected to the side walls). The fencing should be locked and a wall pack or light standard should be placed directly over or closely located near the dumpster This will provide employees with maximum visibility when they are taking out the trash during hours of darkness Exterior Ladders Permanently affixed ladders leading to the roof shall be fully enclosed with sheet metal to a height of 10 feet This covering should be locked against the ladder with a case- hardened hasp, secured with non - removable screws or bolts Hinges on the cover will be provided with non - removable pins when using pin -type hinges If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum 5 pin tumbler operation with a non - removable key when in an unlocked position. Public Telephones The public phones could not be located on the plans. When a location has been selected, they should not be placed in a remote area of the project. Such locations encourage loitering and criminal activity Public telephones should be 'ball out' only. Safes 235 Safes should be installed in the manager's office of the pro shop, the restaurant and Gameworks arcade Kings & Lakers Facility /Page three Cash Registers All cash registers should be clearly visible and bolted to the counter Counter Top For Cash Register Or Service Desks It would be recommended that counter tops for cash registers and service -type desks have a smooth finish instead of porous This will enable the lifting of clear fingerprints and palm prints after a criminal activity has occurred Questions Block Walls Covering Exterior Stairwells It appears there are solid block walls covering all exterior stairwells As this facility houses high profile athletes and a large population of patrons and employees, it is most important that maximum visibility be obtained for everyone's safety It is highly recommended that these walls be removed as they provide a hiding place for criminal activity Stairwells should always be open and visible to the public's eye Security Cameras Will there be security cameras used throughout the buildmg'7 It is recommended that cameras be installed to monitor and record in, but not limited to, these areas entry doors for patrons, the Kings and Lakers entry doors, Kings and Lakers office areas and the corridors to the training /dressing rooms, the dock area, all cash handling areas, all cash counting areas, all vital access doors, the parking lots, the dining area, the video arcade, and ANY OTHER AREAS DEEMED NECESSARY Doors Exiting To the Perimeter There appear to be a number of doors around the perimeter of the budding How many of these doors are "exit only" and how many will be used by the public'? Access should be limited to the main entrance, with the exception of the Kings and Lakers private entrance Kings and Lakers Lockers/Training Area/Offices How have these areas been secured from public access? It appears they are very accessible to the general public and therefore may be unsafe There should be locks or controlled access to these areas Public Lockers Are the public lockers (115) in the hallway? Alarms Will there be alarms installed in, but not limited to, all cash handling areas, registers, cash counting areas, or guest counters? SECURITY PERSONNEL Will there be security personnel on site? What will their hours be and where will they be located 2 3 G To: From: Subject: Inter - Departmental Correspondence — November 10, 19 �� t' Bret B. Bernard, AMP, Director of Planning and Building Safety Tim Grimmond, *T� s Environmental Assessment - 430 (EA - 430) Kings /Laken Training Facility Professional Athletes Parking Area RECEIVED LnT 13 BtALDING SAFETY DEPT The Police Department has reviewed the site plan for the Kings Facility and has the following comments: The secured parking area for the athletes will be enclosed by a 6 foot solid block wall. The security gates on the north and south side of the enclosed parking area shall be constructed of steel tubular fencing, allowing for visibility into the parking area. The gates to this enclosed lot shall be secured and only accessible by a security system (i.e. by either the assistance of a security guard or by using a remote or key card system). The lighting shall be as recommended in the original memo (8/24/98). A maintained minimum of one footcandle of light shall be provided on the ground surface, in the parking lot, the enclosed secured parking lot, all entrances into the facility, around the entire perimeter of the building and over the stairs and the dumpster. 237 EXHIBIT H CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 98-2 238 ATTACEUV N "A" Recommended Conditions for Grand Avenue Corporate Center For the purposes of the following conditions of approval the term "Project Site" shall mean the 23.03 -acre property generally located along the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard. The term "Project Arta" shall mean one of the five developable portions of the Project Site as identified in the exhibits attached to the project's Initial Study. 1. Pnor to the issuance of a building permit for the main building on each Project Area, the applicant shall submit plans to the satisfaction of the Departments of Planning and Building Safety and Recreation and Parks that shall comply with the Department of Recreation and Parks' "Industrial Development Recreational Standards and Guidelines" or equivalent recreational facilities unless otherwise provided for in a Development Agreement approved by the City Council. Prior to issuance of a certificate of occupancy for the main building of each Project Area, the recreational facilities shall be installed per the approved plans to the satisfaction of the Departments of Planning and Building Safety and Parks and Recreation. If, in the future, the recreational/sports training facility depicted on Plan 'B's' Project Area 4 is demolished, converted to another use or is closed for more than one year, then the current owner of Project Area 4 shall be required to satisfy the "Industrial Development Recreational Standards and Guidelines" in effect at the time of demolition, conversion or closure, for the enure Project Site and receive credit for other recreation facilities open to employees, tenants, hotel patrons and/or their guests existing on the Project Site. 2. The proposed jogging/walking trail depicted on the Project Site shall be developed and include the Nash Street frontage along Project Area 1.The continued maintenance of the Project Site's landscaping, including the joggmg/walkmg trail, shall be assured through the project's CC&Rs. 3. Prior to the issuance of any building permit for a main building on any Project Area, the Project Site applicant shall prepare CC&R's for the Project Site for review and approval by the City Attorney and Director of Planning and Building Safety. Prior to the issuance of a certificate of occupancy for any main building, the approved CC &R's shall have been recorded in the Office of the County Recorder. 4. Prior to the issuance of a building permit for a main building on any Project Area, the Project Site applicant shall submit to the Department of Planning and Building Safety for review and approval an overall Master Sign Program for the Project Site. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit for each building within the applicable Project Area sign plans consistent with the approved Master Sign Program for the review and approval of the Department of Planning and Building Safety. Signs shall be installed in accordance with the approved sign plans. The overall Master Sign Program shall include, but not be hmrted to: 239 a. Compliance with the City s sign regulations; 1. No pole signs shall be perrmtted on the Project Site or allowed by the sign program, C. All signs shall be architecturally compatible with the proposed buildings, d. All signs shall be compatible with the aesthetic objectives of the General Plan; No sign shall impede traffic or pedestrian safety; and f. All signs shall be installed in accordance with the approved overall Master Sign Program 5 Prior to the issuance of a building permit for any main building on any Project Area, the Project Site applicant shall submit a Master Landscape and Irrigation Plan for the Project Site for review and approval by the City Planning Commission. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit, for review and approval by the Department of Planning and Building Safety, the Department of Parks and Recreation and the Police Chief, a landscape and irrigation plan for each building consistent with the approved overall Master Landscape and Irrigation Plan Landscaping shall be installed in accordance with the approved Master Landscape and Irrigation Plan prior to the issuance of the certificate of occupancy. The Master Landscape and Irrigation Plan shall include, but not be limited to, the following- All landscaped areas shall be provided with a permanent automatic watering or irrigation system; b. All landscaped areas shall be maintained in a neat and clean manner at all times; C. Unless infeasible for grading operations or construction, all private property perimeter landscaped areas on the east side of the Project Site and along Grand Avenue, including the Project Site's jogging/walking trail, and all required public right -of -way landscape area shall be installed prior to the issuance of a certificate of occupancy for the first main building If the abovementioned perimeter and public right -of -way landscape areas are not fully completed prior to the issuance of a certificate of occupancy for the first main building, the Project Site applicant may post a bond or other security acceptable to the City Attorney to ensure the timely completion of the remaining landscape. The Project Site applicant shall post a bond or other security acceptable to the City Attorney, for all other perimeter landscaping and improvements required by the Master Landscape and Irrigation Plan; d. Dual plumbing shall be installed for reclaimed water irrigation; C. All landscaped areas shall be ungated with reclaimed water, if made available by the 240 provider, f.- All landscaping and irrigation shall comply with the City's Water Conservation regulations and Zoning Code requirements; g. All landscaping shall be designed to enhance site security in accordance with Police Department policies; h. All public rights -of -way shall be landscaped; All landscape areas shall include a majority of mature landscaping, including box trees; and Future phases of development shall provide mature landscaping compatible with the growth of earlier phases of planting. 6. Prior to the issuance of a building permit for any main building on any Project Area, the Project Site applicant shall submit a Lighting Master Plan for the Project Site for the review and approval of the Department of Planning and Building Safety and the Police Department. A Lighting Plan and Photometric Study for each Project Area, consistent with the Lighting Master Plan shall be reviewed and approved by the Department of Planning and Building Safety and the Police Department and shall be installed prior to the issuance of any certificate of occupancy for any main building on the applicable Project Airy However, perimeter lighting shall be installed at the same time as the required perimeter landscaping unless determined infeasible due to grading operations or construction. If the abovementioned perimeter lighting is not fully completed prior to the issuance of a certificate of occupancy for the first main building, the Project Site applicant shall post a bond or other security acceptable to the City Attorney to ensure the timely completion of the remaining lighting. The Lighting Master Plan shall include, but not be limited to: a. Foot -candle intensity, b Parking areas and strictures; c Pedestrian walkways; d. Access ways in and around buildings; e. Type and height of lighting devices; f. Building colors; g. Area openness; 241 h. The City's Zoning Code; i.- Minimizing off -site illumination; and j. Weather and vandal resistant coven. 7. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall submit plans to the Director of Planning and Building Safety illustrating that each building (excluding the recreational/sports training facility) to be located on the applicable Project Area shall be developed with exterior building materials of a contemporary nature, such as smooth concrete, smooth metal panels, and low- reflectivity glass. Furthermore, the following development standards shall apply to all Project Areas a. All buildings shall be in accordance with the Project Site's CC &R's b. Exterior colors shall be light with limited use of accent color to enhance visual unity and a contemporary appearance. No accent color shall be permitted unless specifically designated in the CC&R's; All colors, textures, and materials on exterior elevation(s) shall be coordinated to achieve a continuity of design as specifically designated in the CC&R's; d All buildings shall utilize energy efficient floor plans and control HVAC and heat generating equipment to reduce energy use for cooling and ventilation; e. All roof - mounted mechanical equipment and communications devices shall be hidden behind building parapets to screen these devices from off -site ground level view and the Metro Green Line; f Ground level mechanical equipment, refuse collectors, storage tanks, and other similar facilities shall be screened from view with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings; g. Service, storage, maintenance, utilities, loading, and refuse collection areas shall be located out of the view of public roadways and buildings on adjacent sites, or screened by dense landscaping and/or architectural barriers; h. Walls used to screen service areas shall be of the same materials and finishes as adjacent buildings or compatible finishes; i. No wood or chain -link fences shall be located within view of a public street; All service areas shall be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian cuculation; 242 All uulity systems shall be installed underground; and L Elevations of parking structures shall be compatible with main buildings. No certificate of occupancy shall be issued for any main building in the applicable Project Area unless there is substantial compliance with the aforementioned development standards 8. Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the Departments of Planning and Building Safety, Public Works, and Fire that all interior roadways will be privately owned, developed, and maintained. Each interior roadway within a Project Area shall be constructed in accordance with City of El Segundo standards prior to the issuance of the certificate of occupancy for any main building in the Project Aria. 9 Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit Street and Public Right -of -Way Improvement Plans for review and approval to the Departments of Public Works and Planning and Building Safety. Said plans shall include dedications and sidewalks in accordance with City standards. Prior to the issuance of a certificate of occupancy for any main building, the applicant shall dedicate required right -of -way and install all sidewalks within the applicable Project Area in accordance with plans and specifications approved by the City. 10. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit a site plan of the applicable Project Area to the Departments of Planning and Building Safety and Public Works for review and approval that illustrates that the plan provides pedestrian access to adjacent projects on- and off -site, including, but not limited to, the existing pedestrian casement to the west of Project Area 4, bus stops and the MTA Green Lne. Any proposed fencing along the pedestrian easement extension through Project Area 4 and/or 5 shall be limited to a maximum of three (3) feet in height using open fencing; and any proposed hedging shall be limited to two (2) feet maximum in height. The pedestrian access shall be installed per the approved plans prior to the issuance of a certificate of occupancy for the applicable Project Area main building. 11. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit plan(s) for the applicable Project Area to the Department of Planning and Building Safety for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM requirements have been provided as requited by the City. Parking and related programs shall be provided prior to the issuance of a certificate of occupancy for the applicable Project Area main building. 12 Prior to the issuance of any building permit for a twain building on any Project Area, the applicant shall submit a site plan for the applicable Project Area to the Departments of Planning and Building Safety and Public Works that provides a notation that no on- street parking adjacent to the site is permitted. Prior to the issuance of a certificate of occupancy 243 for any building, "no on- street parking" signs shall be erected in accordance with the Department of Public Works' standards and approved plans along public streets abutting the applicable Project Area 13. Prior to the issuance of a certificate of occupancy for the main building on Project Area 5, an easement at a location and with dimensions acceptable to the applicant, with an area not to exceed 4,000 square feet, adjacent to the Manposa Avenue Green Une Station shall have been granted at no cost for a Bike Station or other transit related uses to the satisfaction of the Department of Planning and Building Safety If the Bike Station/Transit Facility is closed for more than six (6) months, the easement shall be deemed null and void. 14 Prior to the issuance of any grading permit, the applicant shall provide evidence to the Department of Planning and Building Safety and the Fire Department that all necessary well access to Wells 3 and 13 has been provided as required by Chevron. Prior to the issuance of a certificate of occupancy for any main building on Protect Areas 2 or 5, the access shall be recorded in a manner acceptable to the City Attorney. 15. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit Reclaimed Water Facility Plans for the Project Area to the Department of Planning and Building Safety and Public Works for review and approval. The plans shall indicate reclaimed water to be utilized in the mmgation systems for all landscape areas and other uses, as approved by the Los Angeles County Health Department and the City Department of Public Works. Prior to the issuance of a certificate of occupancy for any main building on any Project Area, the applicant shall cause to be installed the reclaimed water facilities per the approved plans, to the applicable Project Area. If the water provider is unable to make reclaimed water available prior to the issuance of a certificate of occupancy, then potable water may be utilized until such time as reclaimed water is available. As soon as reclaimed water is available, then it shall be utilized. 16 Prior to the issuance of any building permit for any main building in any Project Area, the applicant shall provide to the Departments of Planning and Building Safety and Public Works will serve letters for all utilities serving the applicable Project Area. 17. Prior to the issuance of a grading permit, building permit, or certificate of occupancy, as the case may be, the applicant shall provide evidence to the Department of Planning and Building Safety that mitigation measures described in the Initial Study and approved in the mitigation monitoring plan have been or will be implemented pursuant to the project's mitigation monitoring plan. Compliance with this measure shall be verified by the City of M Segundo Department of Planning and Building Safety. 18. Concurrent with the submittal of any plans or request for permits, the Project Site applicant shall provide funds to the Department of Planning and Building Safety to cover the enure cost of the monitoring of all conditions of approval and mitigation measures. The Director of Planning and Building Safety, at his discretion, may hire a consultant to coordinate and eV monitor compliance. 19 Prior to the recordation of the Final Tract Map and prior to the issuance of any building permit, the applicant shall submit plans to the satisfaction of the Departments of Planning and Building Safety and Public Works that each lot, and development on each Project Area, shall comply with all Zoning Code and El Segundo Municipal Code standards, unless spec approval has been granted for site specific modifications through the Development Agreement. 20. Prior to the issuance of any grading or building permit, the applicant shall provide evidence to the Director of Planning and Building Safety that grading or any construction on property or within easements not owned or controlled by the project sponsor has been approved by the property owner or easement holder. Separate building and/or grading permits shall be issued with adjacent property owner or easement holder signature of approval provided by the applicant. 21 Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the satisfaction of the Department of Planning and Building Safety that all applicable permits from other agencies have been obtained including, but not limited to, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N.P.DM.S) Permit, Division of Oil and Gas, Souther California Air Quality Management District, Los Angeles County Health, and MTA. 22. Prior to the issuance of any grading or building permit, the Project Site applicant shall provide safety training for all City employees needed to implement the project. The training shall be related specifically to safety issues during site grading and construction related to the development of the Project Site and any specialized conditions, including, but not limited to, the identified m-thme hazard. All training shall be completed to the satisfaction of the City Attorney, the Department of Planning and Building Safety, and the Fire Chief. 23. Prior to the issuance of a building permit on any Project Area, the applicant shall submit a site plan, to the satisfaction of the Fire Department and Department of Planning and Building Safety, depicting the location of all requited fire hydrants. Prior to the issuance of a building permit for any Project Area, all hydrants determined necessary by the Fire Department and the Department of Planning and Building Safety shall be installed in accordance with approved plans and specifications. Fire hydrants shall be spaced no greater than 300 feet apart, one (1) private hydrant shall be provided for each structure, each structure shall be sprinkled in accordance with the Uniform Building Code (LBC) and the National Fire Code (NFC), and 20 -foot fire lane shall be provided, if greater than 150 feet from a public street. 24. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety that the proposed building is in conformance with the TDM/TSM requirements as specified by the City Zoning Code. Prior to the occupancy of the building, all TDWrSM requirements and 245 monitoring which are required by the City shall be implemented. 25 In lieu of dedication of a portion of the Site for public use as required by the Agreement Affecting Real Property (Instrument No. 84313091 recorded on March 14, 1984), the Project Site applicant shall pay to the City an amount equal to the value of one acre of the Site's land for use to repair, restore and/or improve fire and public safety facilities located within or adjacent to the Site. Said payment shall be made to the City by the Project Site applicant prior to the issuance of a certificate of occupancy for the Project Site's third main building. If the parties fail to agree on the value of one acre of such land, the parties shall jointly appoint an independent appraiser to conclusively determine such value The Project Site applicant and the City shall cooperate in good faith to reach such agreements as may be mutually beneficial to coordinate development of such fire and public safety facility improvements with the development of the Project Site. 26 Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety and the City Attorney that the owner of the applicable Project Area shall not unreasonably object to any future installation of wireless public safety radio communications. Compliance with this measure shall be verified by the Department of Planning and Building Safety. 27 Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety, Fire Department, and City Attorney that the proposed grading or construction permit complies with the existing or amended CC &R's with Chevron Corporation. 28 Prior to the issuance of a certificate of occupancy, or as provided by the City's Traffic Mitigation Fee Program, for a main building on any Project Area, the applicant shall pay the building's pro rata traffic mitigation fee less any credits due as a result of the construction or bonding of roadway improvements identified in the project's Initial Study, and as approved by the Department of Public Works. 29 Prior to the issuance of any building permit for a main building in any Project Area, the applicant shall submit a site plan to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks that illustrates proposed recreational facilities shall be located outside of the required parking and circulation areas. Prior to the issuance of the certificate of occupancy for the building, the recreational facilities for that Project Area shall have been constructed per the approved plans 30. Prior to the issuance of a building permit for any main building on Project Area 2, the applicant shall submit plans and specifications for a public sidewalk on the south side of Grand Avenue to the Department of Public Works for review and approval. Prior to the issuance of any certificate of occupancy for a main building on Project Area 2, the applicant shall install the public sidewalk per the approved plans to the satisfaction of the Department of Public Works. 246 31. Prior to the issuance of a building permit for the sports training/recreational facility on Project Area 4, the applicant shall revise the plans, to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks, to include seating (not excluding seating in a landscaped berm area) for the outdoor in -line skating facility The seating shall be installed per the approved plans prior to the issuance of the facility's certificate of occupancy. 32 Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall submit an overall Security and Crime Prevention Plan for the Project Area, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall address, but not be limited to, as indicated in the preliminary Police Department memorandum dated February 24, 1998, the following- a. Monument and directional signs; b. Addressing; C. lighting; d. Telephones; e. landscaping; f Trash dumpsters (including space for recyclable materials); g. Security cameras; h. Key card systems; 1. Laundry rooms; J. Fences, walls; k. Security hardware; 1 Office; m. Outdoor, in -line skating facility; n On -site security personnel; o. Parking structures; p Secured parking for professional athletes; q. Hotel common areas; r. Swimming pool fencing; S. Cash management system; t. Locker rooms; and U. Smooth surface front desk counter materials. All Security and Crime Prevention Plan measures shall be installed per the appmv: d plans or shall be operational prior to the issuance of a certificate of occupancy for the applicable main building. 33. Prior to the approval of a building permit for a main building on any Project Area, the applicant shall submit a Fire.We Safety Plan for the Project Area to the satisfaction of the Fire Chief which includes, but is not limited to, the following: a. Two fire lane access roads to each Project Area; 247 b. Fire lane signing; C. Fire lane access easements or other recorded documents to the satisfaction of the City Attorney; d. Fire lane accessibility; C. Fire lane access between Project Areas, f. Sprinklers within structures; and g. Underground fire mains, sprinklers and fire alarms All Fire/Life Safety Plan requirements shall be installed and operational, and any required easement or documents recorded in the Office of the County Recorder, prior to the issuance of a certificate of occupancy for each main building. 34 Prior to the issuance of any certificate of occupancy for a main building on any Project Area, the Applicant shall pay the City Attorney's costs for preparing or reviewing any easements or other documents required for the applicable Project Area implementation 35 Prior to the approval of any building permit, the applicant shall develop plans winch indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. Both the City and the Project Site applicant acknowledge that the conceptual site plans indicate the maximum building envelopes and not precise building layouts. The plans shall be revised to show the parking structures in Project Areas 2 and 3 in Plan 'B' and Project Area 2 in Plan 'A' and the main building on Project Area 4 in Plan 'A' shall be located outside of the setback areas Final site development plans for each Project Area, including the actual use, will require approval by the Director of Planning and Building Safety 36 Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit a reciprocal public pedestrian and vehicular access easement, for review and approval by the Department of Planning and Building Safety and City Attorney, which includes, but is not limited to, joint -use parking and pedestrian and vehicular access between all parcels, where necessary to meet City code requirements. After approval, such easement shall be recorded in the Office of the County Recorder. For Plan 'B', a minimum of 305 parking spaces shall be provided on Project Area 4 for the recreational/sports training facility, pursuant to the recommendations of the City's Traffic Engineers (Hartzog & Crabill, Inc.) as contained in their April 15, 1998 and April 21, 1998 project review letters. Alternatively, if Project Area 4 cannot provide the required 305 parking spaces within the area, a covenant and agreement shall be recorded in the Office of the County Recorder on Project Area 3 that requires that the number of parking spaces deficient of the required 305 parking spaces and access thereto on Project Area 3 from Project Area 4 to be set aside on Saturdays for anticipated parking needs at the recreational/sports training facility. Any planned special event at the recreational/sports training facility that increases parking demand io 248 or occupancy of the facility beyond the normal operations, shall require prior approval of a temporary use permit which shall include, but not be limited to a parking plan, as required bythe Department of Planning and Building Safety. Parking utilization for Project Area 4 shall be monitored at 6 month intervals to determine the adequacy of parking provided for this use. In the event a parking covenant and agreement for Project Area 4 upon Project Area 3 is initially required, such covenant and agreement shall be removed if two consecutive monitoring periods show that the additional parking spaces are not necessary. 37. Prior to a certificate of occupancy for a main building on any Project Area, new curbs, sidewalks, driveway approaches, wheelchair tamps, and A.C. pavement, including alleys, which abut the applicable Project Area, shall be constructed/reconstructed as reasonably required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction on the applicable Project Area shall be removed and replaced with standard curb and sidewalk. 38 Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one- time library services Mitigation Fee of $0.03 per gross square foot of building area for each building. 39. Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one- time Fire Services Mitigation Fee of $0.14 per gross square foot of building area for each building. 40 Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one - tune Police Services Mitigation Fee of $0.11 per gross square foot of building area for each building. 41 Prior to the issuaae-A of a building permit for a main building on any Project Area, the applicant shall submit a detailed Circulation and Parking Plan for the applicable Project Area and, if feasible, the entire Project Site, for review and approval by the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City's Traffic Engineer. The Circulation and Parking Plan shall include, but not be limited to, the following: a. Sight distances for each structure and parking area; b. The hotel drop off and pick -up area; C. All truck circulation; d. Secured parking and building access for the professional athletes using the recreational/sports training facility; e. Visitor parking; f. All access points to the project site; g. Off -site circulation improvements; h. All median modifications; 1. All dead end aisles eliminated to satisfy City codes; i 249 j. All truck turning radii; k. All individual sites shall provide linked parking (structure and surface) and circulation from one project area to another unless it is demonstrated that it is not reasonable, feasible, or necessary; I All traffic volumes at each driveway, m. The parking for each Project Area shall be conveniently accessible, n Any hotel use shall provide off - street parking as required by the City's Traffic Engineer, o Bus parking, as may be required by the City's Traffic Engineer, for the recreational/sports training facility, p Details of localized improvements in accordance with Option 1 of the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix. All Circulation and Parking Plan improvements which require installation shall be installed prior to the issuance of a certificate of occupancy for the main building on the applicable Project Area Compliance with these requirements shall be verified by the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City's Traffic Engineer prior to the issuance of each building's certificate of occupancy. 42. For the first year after the issuance of a certificate of occupancy for the first main building on each Project Area, a circulation and traffic review will be required at six (6) and twelve (12) months. The City may combine Project Area reviews if certificates of occupancy for more than one main building are issued within 60 days of each other. The definition of a "review" involves the preparation of a study for the actual operation of the main building srrrular to that performed for the development of the Project Area Additionally, the review shall include reporting of any accidents or other velucular conflicts related to the circulation system. The findings shall be submitted for the review and approval of the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City Traffic Engineer and the Planning Commission as a receive and file item at a Planning Commission meeting. Any circulation modification or improvement required by the City shall be implemented by the applicant within six (6) months after the completion of the review. The applicant may appeal any action taken by the Planning Commission to the City Council pursuant to the appeal process outlined in the City's Zoning Code. The applicant shall fund the cost of the City's traffic review. 43 During all construction, the areas of construction shall be enclosed by a six -foot high chain link fence. Gates of site fencing shall be located at driveways and shall not open over sidewalk/public right -of -way. A construction fencing plan shall be submitted by the applicant for review and approved by the Departments of Public Works and Planning and Building Safety prior to the installation of the fence. A 44. All work within the City public right -of -way shall be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first 12 250 obtaining a Public Works permit. 45 The Project Site 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, other than those filed by the Applicant, which challenge or attack the validity of the City's approval of Environmental Assessment - 430 (EA -430), Subdivision 98 -1 (SUB 98 -1), Conditional Use Permit 98 -2 (CUP 98 -2). Parking Demand Study 98 -1 (PDS 98 -1), Administrative Use Permit 98 -2 (AUP 98 -2), and Development Agreement 98 -1 (DA 98 -1). 46. Prior to approval of a building permit for a main building on any Project Area, a plan shall be submitted indicating that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the relocation of all utilities, including but not liisuted to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 47 Encroachment permits shall be obtained from the Engineering Division of the Public Works Department for demolition haul -off. This permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 48. If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe" Each lateral shall have a six (6) -inch clean-out brought to grade at the property line and securely capped A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer." If in a traffic area, the cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6)-inch wyes may be reused if approved by the Department of Public Works. Any required sewer laterals shall be installed prior to the issuance of a certificate of occupancy for the building to be served. 49. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way, it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right -of- way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. 50. The removal and relocation of any underground storage tanks (UST's) shall comply with all applicable State and Federal requirements for UST's, which shall include additional soil sampling around the existing tanks. If additional soil contamination is discovered, 13 251 mmediation may be required. 51. Should any previously un- recorded archeological or cultural resources be encountered during grading or construction on any Project Area, all work shall be stopped, and the Department of Planning and Building Safety shall be notified immediately At the applicant's expense, a qualified archeologist shall be consulted to determine the potential significance of the find, and his findings shall be submitted to the Department of Planning and Building Safety prior to the commencement of work. 52. During grading and construction on any Project Area, dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading shall be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e., over 15 miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to mimtmze dust. 53. Prior to the issuance of a building permit for any hotel, the hotel owner /operator shall agree to the payment of transient occupancy taxes for any management training or other similar guests of the hotel. Any hotel guests must re- register after a 30-day extended stay in order to ensure the payment of the transient occupancy tax. The agreement shall be reviewed and approved by the Department of Planning and Building Safety and the City Attorney and recorded in the Office of the County Recorder prior to the issuance of the certificate of occupancy. 54. First floor areas The applicant shall be required to provide a minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational/sports training facility) as support retail, service, restaurant, employee cafeteria and similar permitted accessory uses as regulated by the provisions of the MU -N (Urban Mixed -Use North) Zone. The uses shall be distributed to Project Areas both north and south of Grand Avenue. A maximum of 75 percent of first floor areas, but not to exceed 25 percent of the total net floor area of any building in either Plan 'A' or Plan 'B' (excluding the recreational/sports training facility) may be used as support retail, service, restaurant, and similar permitted accessory uses as regulated by the provisions of the MU -N Zone. 55. Mixed Use Commitment/Development Phasing/Fiscal Consideration Prior to the issuance of a certificate of occupancy for more than 325,000 square feet of net floor area of office building use, the applicant shall construct, complete, and have a certificate of occupancy for a hotel, the recreational/sports training facility or a substitute, non - office use as may be permitted by the MU -N Zone and the Project's environmental clearance which will generate at least $50,000.00 of annual net revenue (excluding the City's costs associated with services to support the aforementioned office buildings) according to the fiscal impact analysis prepared with the Initial Study for the Project Site. In the event that the applicant does not construct a hotel, and/or recreauonalfsports training facility, or the substitute use(s) which do not generate at least $50,000.00 of annual net revenue as described above, the applicant shall be required to pay the City the difference between $50,000.00 and the actual amount u 252 of net revenue generated by the use(s). Annual payments shall be [Wade to the City on or before April 30th of each year. The payments shall be made for a period of 10 years from the date of occupancy of the second main office building on the Project Site. The 550,000.00 amount referenced in this paragraph shall be adjusted by the Consumer Price Index commencing January 1, 2000. If at any time the applicant desires to temimate its obligation hereunder, the applicant may elect to matte a lump sum payment to the City of $50,000.00 for each year of the ten year term which has not been satisfied net present value at six percent (6%) over the remaining term. Furthermore, the construction of said hotel, r emauonal/sports training facility, or substitute use(s) shall begin on or before the issuance of a building permit for any thud office main building beyond 325,000 square feet of net floor area of office use The foregoing condition is subject to any different or additional terms as may be set forth in the Development Agreement which shall control in the event of any inconsistency. 56 Traffic Mitigation Fee/Traffic/Air Quality Option Matrix. The applicant's traffic impact mtugation fee, as required by the City's Traffic Mitigation Fee Resolution, shall be reduced by an amount equal to the estimated costs for those L.ocahzed Improvements identified in the Grand Avenue Corporate Center Traffic/Air Quality Option Matrix included in the Project's Initial Study as approved by the Planning Commission, or City Council on appeal, and as constructed by the applicant. Any excess transportation- related credits from any individual Project Area may be applied by the applicant against Traffic Impact Mitigation Fees for future Project Areas. The traffic mitigation fees paid by the Project Area applicant may be used as air quality credits to mitigate the project's air quality impacts if. (a) the fees are used by the City to install traffic improvements which improve air quality, prior to the issuance of a certificate of occupancy for the Project Area which requires air quality mutigation; and (b) the Project Area applicant demonst,ates to the satisfaction of the Departments of Planning and Building Safety and Public Works that said traffic improvements metalled by the City, or theProject Area applicant, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic/Air Quality Option Matrix are approved; however, if the Project Area applicant desires to install any of Options 2 through 7, it shall require subsequent review and approval of the Planning Coninussion and City Council at noticed public hearings. This condition is subject to any different or additional terms as may be set forth in the Development Agreement which shall control in the event of any inconsistency. 57 If in the future, the City approves, and the applicant installs, the reversible lane along Sepulveda Boulevard or an Adaptive Traffic Control System (ATCS) as identified in the Grand Avenue Corporate Center Traffic/Air Quality Opuon Matrix (Initial Study), then the Project Site applicant shall agree to pay any on -going maintenance and operational costs for the life of the project. Compliance with this requirement shall be verified with the Departments of Planning and Building Safety and Public Works. If, however, the ATCS becomes pan of a larger network to be maintained and operated by a governmental entity, the applicant's financial obligation shall cease. is 253 58 Prior to the issuance of a building permit for a main building on each Project Area, the applicant shall submit plans for review and approval by the Department of Planning and Building Safety that show electric vehicle charging stations for at least one (1) percent of the total number of required parking spaces for each Project Area's parking area or structure Prior to the issuance of a certificate of occupancy for the main building, the charging stations shall have been installed, per the approved plans. 59. Prior to the issuance of a grading permit, the applicant shall submit to the Departments of Planning and Building Safety and Public Works a complete Construction Plan for review and approval. The plan shall include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking/access plan (including truck haul routes), construction methods and schedules. The plan shall limit construction hours to 7:00 a.m to 6:00 p.m., Monday through Saturday, and prohibit construction on Sundays and holidays. Durmg 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 persontliaison to receive and respond to complaints during construction. 16 254 ea -430ftc�_ cond.a ATTACHMNT `C' Conditions of Approval for CUP 98 -2 1 At both six (6) months and one (1) year after the issuance of a certificate of occupancy for the recreational/sports trammg facility, the Planning Commission shall review, as a receive and file item at a Planning Commission meeting, the effectiveness of the conditions of approval imposed on the project's conditional use permit and administrative use permit The Planing Commission may for good cause impose additional reasonable conditions or adjust/expand hours for alcoholic consumption/sales or hours of operation as deemed appropriate in the interest of the public's health, safety and general welfare. Any action taken by the Planning Commission may be appealed to the City Council pursuant to the appeal process outlined in the City's Zoning Code. 2 Prior to the issuance of the certificate of occupancy for the recreational/sports training facility, the ownedoperator shall provide evidence to the Department of Planning and Building Safety that the facility will prohibit smoking. 3 Prior to the issuance of the certificate of occupancy for the recreational/sports training facility, the owner /operator shall provide evidence to the Department of Planning and Building Safety that the facility will not permit liquor sales or consumption outside of the facility's restaurant area. 4 Prior to the issuance of the certificate of occupancy for the recreational/sports training facility, the owner /operator shall provide evidence to the Department of Planning and Building Safety that the restaurant in the recreational facility shall protubit the sale and consumption of alcoholic beverages prior to 11:00 am. and after 10:00 p.m, except for beer and wine which may be sold and consumed between 11:00 a.m. and 12 mudnight. 5 Prior to the issuance of the certificate of occupancy for the recreational/sports training facility, the owner /operator shall provide evidence to the Department of Planning and Building Safety that the facility will hart its hours of operation as follows: a General admission, non - reservation hours at the facility may be from 7:00 a.m. to 10:00 p.m b From 10:00 p.m. to 7:00 am. the facility shall only be open to teams, groups or individuals with prior reservations or other scheduled activities. C. Walk -in patronage from 10:00 p.m. to 7:00 am. shall not be permitted. d. The outdoor, in-line skating facility shall be open only to teams, groups, or individuals with prior reservations or other scheduled activities and only between 9:00 am. to 9:00 p.m. If the facility is relocated to the south side of the Project Area, buffered by the building, then hours may be from 6:00 a.m. to 12 midnight. 255 The restaurant may be open only between 7:00 am to 1:00 am. The snack bar may be open 24 hours day. The "pro" shop (including ticket sales) may be open only between 10:00 a.m to 10:00 p.m A Ttcketmaster or similar vendor shall be permitted at the recreational/sports training facility. Prior to the issuance of a certificate of occupancy for the recreational/sports training facility, (a) the applicant shall demonstrate to the reasonable satisfaction of the Police Chief that the proposed ticket sales operations at the facility will not result in the presence of unusual crowds which pose security and/or traffic hazards, or (b) if such operations will (or might reasonably be expected to) result in such crowds, the applicant shall submit a plan, to the reasonable satisfaction of the Police Chief, setting forth measures designed to prevent such crowds and/or to rmtigate the security and traffic hazards resulting therefrom The owner /operator shall pay for any City Police security as deterituned to be necessary by the Police Chief. If at any tune following the issuance of a certificate of occupancy, the Police Chief reasonably determines that additional measures are required to mitigate crowd - related problems resulting from the ticket operations at the recreational/sports training facility, the owner /operator of such facility shall promptly implement such additional measures ea- 430\attchmnt.c 25G ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -2 FOR AN AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER, PROJECT AREA FOUR (PLAN B), AND ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY AT 555 NORTH NASH STREET AND ADOPTING FINDINGS IN SUPPORT THEREOF. PETITIONED BY L.A. ICE VENTURE COMPANY, LLC. RECITALS WHEREAS, the project applicant, L A Ice Venture Company, LLC ( "Owner "), owns certain real property, 5 95 acres in size, generally located along the west side of Nash Street south of Mariposa Avenue and north of Grand Avenue (the "Property "), in the City of El Segundo ( "City "), and, WHEREAS, the Owner proposes to amend the previous approvals of the Development Agreement (DA 98 -1) to allow an additional approximate 15,000 square feet for a total of 135,000 square feet on the property for a Sports Training and Recreation Facility ( "Project") within the Grand Avenue Corporate Center (GACC), and, WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone ") The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses, and recreational facilities with approval of a conditional use permit, and, WHEREAS, in connection with development of the GACC, the GACC Owner submitted applications for approval of Environmental Assessment No EA -430, Vesting Tentative Tract Map No 52427 (Subdivision 98 -1), Conditional Use Permit No CUP 98 -2, Parking Demand Study No 98 -1, and Development Agreement No DA 98 -1, and, WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000e se o The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measuies, and, ORDINANCE NO APPROVING DA -98-2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO I 257 WHEREAS, a Notice of Intent for the GACC Project to issue a MND was prepared on March 3, 1998 The Notice of Preparation concerning the NIND was posted by the Clerk for the County of Los Angeles on March 4, 1998 The MND was submitted to the California Office of Planning and Research on March 4, 1998 The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998 Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties Notice of the MND was also mailed to all interested parties The 30 -day comment period for the MND ended on April 3, 1998, and, WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission (`Commission ") held duly noticed public heanngs to consider the GACC Project, including the Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescnbed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project, and, WHEREAS, at said heanng the facts for the GACC Project as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement for the GACC Project, and, WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public hearings to consider the GACC Project and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the heanngs was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the GACC Project, and, WHEREAS, at said heanngs the facts for the GACC as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 2 258 WHEREAS, an Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(13)(2)(111), and (4)(f), new cominercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805), and, WHEREAS, on December 10, 1998, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2438 on December 10, 1998 recommending approval of the proposed Amended Development Agreement, and, WHEREAS, on December 15, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -467 and Development Agreement Extension 98 -2, and, WHEREAS, at said hearings the following facts were established 1 The project site consists of 5 95 acres 2 The project consists of a Sports Traimng and Recreation Facility with approximately 135,000 square feet with a maximum floor area ratio of 0 52 1 ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER CA ICE VENTURE CO PAGE NO 3 959 3 The subject proposal is covered by the following previous approvals and agreements * Environmental Assessment EA -430, Subdivision 98 -1 for Vesting Tentative Map No 52427, Conditional Use Permit No 98 -2, Parking Demand Study No 98 -1 and Development Agreement 98 -1, which were approved by Planning Commission Resolution Nos 2413, 2414, 2415 and 2416, respectively, and City Council Ordinance No 1287 * A Development Agreement (Instrument No 98-1109405) was executed on June 30, 1998 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time 4 The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use North The subject proposal is consistent with the intent of the MU -N zoning designation by allowing for commercial, office, retail, restaurant and recreational uses 5 The surrounding areas to the west, north, south and east are developed, or planned to be developed, with office uses, research and development, restaurants, and hotels The properties to the north, south, and east are zoned Mixed -Use North (MU -N), and to the west Corporate Office (CO) 6 The project site is located within the northeast portion of the City of El Segundo, approximately one quarter -mule west of the San Diego (1 -405) Freeway and one mile south of the Glenn Anderson (I -105) Freeway The Metro Green Line and a station at Manposa Avenue are located adjacent to, and north of, the project site Local jurisdictions near the site include the City of Los Angeles located north of Impenal Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard NOW, THEREFORE, BE IT ORDAINED that after considering the above referenced facts for the subject project, the GACC Project Approvals and the information contained therein, the Initial Study and the MND for the GACC, and the testimony and other evidence offered at the public hearings, the City Council approves Development Agreement No 98 -2 (Amendment to D A 98 -1) and makes the following findings in support thereof ORDINANCE NO _ APPROVING DA -98 -2- AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 4 260 General Findings (a) Reliance on Record Each and all of the findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project The findings and determinations constitute the independent findings and determinations of the Council in all respects and are filly and completely supported by substantial evidence in the record as a whole (b) Nature of Findings Any finding made by the Council shall be deemed made, regardless of where it appears in this document All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings (c) Limitations The Council's analysis and evaluation of the Project is based on the best information currently available It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist One of the mayor limitations on analysis of the Project is the Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework (d) Summaries of Information. All suinmanes of information in the findings to follow are based on the evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact (e) Mitigation Measures. These findings are based on the various mitigation measures which were required and adopted in the implementation of the GACC Project as recommended by the MND or identified by the MND as already having been incorporated into the Project 2. General Plan Consistency (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1 1, 12, 2 1 and 2 2, in at least the following ways ORDINANCE NO APPROVING DA -93 -2 - AMENDMEN r TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 5 (1) The Project will improve the City's tax base by bringing commercial development to a vacant parcel of property (2) The Project will diversify and expand the City's economic base by developing a mix of new commercial, retail, office and recreational activities on the Property (3) The Project will contribute to the investment in the City's infrastructure by contributing to traffic improvement projects in the vicinity of the Property and facilitating the reclamation of water by installation of a connection to El Segundo Boulevard water line (b) Land Use Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1 1, 1 2, 1 4, 3 1, 3 2, 3 5, 3 6, 4 3, 4 4, 4 6, 4 7, 4 8 and 7 -2 3, in at least the following ways (1) The Property is zoned Urban Mixed Use - -North That zoning designation provides for a mixture of compatible commercial, office, research and development, retail, restaurant and hotel uses The Project entails many of these identified uses, such as office, retail, and restaurant, and additionally recreational uses (2) The Project will provide mixed uses, including commercial uses, in close proximity to the MTA Green Line (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated irrigation systems, (5) The Project shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations (6) The Project provides pedestrian links in the appropriate areas (7) The Project's utilities shall be placed underground (8) The Project shall not impact the quality or adequacy of the City's various public services, such as police, fire and library services uses (9) The Pioject shall promote a stable tax base foi the City tluough commercial 262 ORDINANCE NO _ APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 6 (c) Circulation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies CI -1 8, 1 13, 3 2, 2 -1 1, 1 4, 1 7, 2 2, 3 3 and 5 1, in at least the following ways (1) The Project will mitigate project- related transportation impacts to below the level of significance (2) The Project will provide the necessary amount of parking by on and off -site means (3) The Project will comply with any applicable regulations regarding preferential parking areas and/or promotion of ride share (4) The Project will provide pedestrian and bicycle access to the site (5) The Project will promote and enhance the use of the MTA Green Line (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as rideshanng, carpooling and preferential parking (7) The Protect will provide access to emergency vehicles (d) Open Space and Recreation Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS1 -2 3, 2 5, 2 8 and 5 2, in at least the following ways (1) The Project will provide various on -site recreational facilities, such as a sports training /recreational facility open to public and private uses (2) The Project will provide open space areas, landscaping and street trees (e) Conservation Element- -The Project and the Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 7 ?63 (2) Reclaimed water shall be provided for landscaping uses by installation of a connection to the El Segundo Boulevard water line Through the use of appropriate landscaping and setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood at the Property (3) No existing landscaped area will be lost since there is no such areas presently (4) The Property does not contain any rare or endangered plant or animal species (i) Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1 1, 12, 12-12 and 1 3, in at least the following ways (1) The Project will mitigate air quality impacts to a level of insignificance by implementing various traffic mitigation measures and complying with applicable rules by the South Coast Air Quality Management District (e g, Rule 403) (2) The Project will incorporate energy conservation measures, including motion sensitive light activation switches and applicable State energy conservation measures 3. Zoning_ Consistency (a) The Property is zoned Urban Mixed Use - -North This zoning designation provides for a mixture of compatible commercial, office, research and development, retail, restaurant, and hotel uses The Project entails many of these identified uses, such as office, retail, restaurant, and additionally recreational uses (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1 130 The Project FAR is consistent with the maximum allowed ratios provided by zoning, at 0 52 1 FAR ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CEN rER LA ICE VENTURE CO PAGE NO 8 264 4. Findings Required For Development Agreements (a) The Development Agreement Is entered Into pursuant to City Council Resolution No 3268 and California Government Code Sections 65864 through 65869 5 (b) In accordance with that law, the Development Agreement Identifies (1) the permitted uses as set forth in the amendment, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in and, incorporated by reference in Ordinance No 1287 (c) Further in compliance with the above referenced law, the original Development Agreement adopted by Ordinance 1287, and incorporated herein by reference, contains the following provisions Periodic review at least every twelve (12) months as set forth in paragraph 10 A demonstration of good faith compliance upon review as set forth in paragraph 10 A fixed duration for the development agreement as set forth in paragraph 13 The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8 Time when construction shall commence as set forth in paragraph 6 Time when construction shall be completed as set forth in paragraph 6 (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement Include the following (1) Development of a property that is currently vacant and unused (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses Plan (3) Increase in employment opportunities for the City's citizenry (4) Development of a project that will increase the use of the MTA Green Line (5) Development of a project that is consistent with the elements of the General 265 ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 9 (6) Development of a project that will not cause any significant environmental Impacts (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property (e) The project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1 allowing an approximate 15,000 square foot Increase In the Sports Training and Recreation Facility results in a FAR of 0 52 1, which is below the maximum permitted by the General Plan for the subject site Furthermore, adequate parking Is provided for the subject expansion on -site and on the adjacent parcel (0 The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district In which the real property is located in that Sports Training and Recreation facilities are compatible with the uses permitted in the Mixed Use — North Zoning district (g) The project is in conformity with the public convenience, general welfare and good land use practice in that the proposed floor area increase will make the best use of the land area available and a portion of the increase will be devoted to general public circulation, viewing and locker areas within the Facility and thus further benefit the public convenience (h) The project will not be detrimental to the health, safety and general welfare in that it is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and is subject to review and approval by the City including on -site inspections during construction, prior to occupancy, and parking review after occupancy (1) The proposed amendment to the previously approved project will not adversely affect the orderly development of property or the preservation of property values in that it will benefit and make feasible the previously approved project 5. Findings Required Under CEOA (a) Approval of a development agreement is typically subject to the requirements of CEQA In connection with, and as a basis for the City Council approval of the original Development Agreement, Ordinance No 1287, the Council adopted the CEQA Findings detailed in Resolution No 4063, in which the MND was adopted, which incorporated those Findings herein as though they were set forth in full ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO Z 6 C PAGE NO 10 (b) An Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(13)(2)(in), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment (c) 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 (d) 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 minims finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County WHEREAS, Mayor Mike Gordon and Councilwoman Nancy Wemick do abstain from and did not participate in the deliberations and decision on the subject Development Agreement NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Development Agreement No DA 98 -2, subject to the following conditions 1 Prior to approval of the building plans, the applicant shall develop plans, which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project as approved shall be referred to the Director of Planning and Budding Safety for a determination regarding the need for Planning Commission review of the proposed modification 2 Prior to the issuance of a building permit, the applicant shall submit an overall Security and Crime Prevention Plan, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall address, but not be limited to, as indicated in the preliminary Police Department memorandums dated Febuuaiy 24, November 10 and December 1, 1998, the following ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO 2 PAGE NO 11 U / a Monument and directional signs, b, Addressing, c Lighting, d Telephones, e Landscaping, f Trash dumpsters (including space for recyclable materials), g Security cameras and alarms, h Fences, walls, i Security doors and hardware, 1 Office, k Outdoor, in -line skating facility, I On -site security personnel, in Parking, n Secured parking and general security for professional athletes and team areas, o Cash management system, including safes, and cash registers, p Public locker rooms, q Exterior stairwell enclosures, r Exterior ladders, s Exit doors, t Shipping/Receiving dock area, and u Smooth surface front desk, cash register and service counter materials All Security and Crime Prevention Plan measures shall be installed per the approved plans or shall be operational prior to the issuance of a certificate of occupancy for the applicable main building 3 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 -467 and Development Agreement 98 -2, Amendment to Grand Avenue Corporate Center Project Area 4 (Plan B) This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law, ORDINANCE NO _ APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 12 268 PASSED, APPROVED AND ADOPTED this day of , 1999 Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGI JNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the 15' day of December, 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 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 D YMnsley, City p piojects`451- 475 \467\ord ORDINANCE NO _ APPROVING DA -98 -2 — AMENDMENrTOGRANDAVENUE CORPORATE CENTER 2 U LA ICE VENTURE CO PAGE NO 13