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2005 FEB 15 CC PACKET-2CITY COUNCIL RESOLUTION No. Exhibit B IX. MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES Section 21081 6 of the Public Resources Code requires a Lead Agency to adopt a "reporting or monitoring program for the changes to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment" (Mitigation Monitoring Program, Section 15097 of the CEQA Guidelines provides additional direction on mitigation monitoring or reporting) The Planning and Building Safety Department for the City of El Segundo is the Lead Agency for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development An Environmental Impact Report has been prepared to address the potential environmental impacts of the proposed project Where appropriate, this environmental document identified project design features or recommended mitigation measures to avoid or to reduce potentially significant environmental impacts of the proposed project This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of requirements for subsequent environmental documentation' and mitigation measures identified for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development The MMRP is subject to review and approval by the Lead Agency as part of the certification of the EIR and adoption of project conditions The required subsequent environmental documentation and mitigation measures are listed separately and categorized by impact area, with an accompanying identification of the following • Monitoring Phase, the phase of the project during which the mitigation measure must be monitored, Pre - Construction, including the design phase Construction Post- Construction • The Implementing Party, the agency with the power to implement the mitigation measure, In addition to mitigation measures, requirements for the preparation of subsequent environmental analysis and documentation are identified in the EIR These requirements are intended to provide guidance for environmental review of future projects that would implement the Sepulveda /Rosecrans Site Rezoning, using the Program EIR Because these requirements would also work to mitigate or avoid significant effects on the environment to accordance with PRC Section 21081 6, they have been included in this MMRP Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page 1X -1 ,i , Final Environmental Impact Report 6 Z5 City of El Segundo February 2005 • The Enforcement Agency, the agency with the power to enforce the mitigation measure, and • The Monitoring Agency, the agency to which reports involving feasibility, compliance, implementation and development are made The MMRP performance must be monitored annually to determine the effectiveness of the measures implemented in any given year and re- evaluate the mitigation needs for the upcoming year I. AESTHETICS Subsequent Environmental Documentation No subsequent environmental documentation is required for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Mitigation Measures Sepulveda /Rosecrans Site Rezoning Impacts related to visual character and light and glare would be less than significant under the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development No mitigation measures are required However, the following measures are recommended as Conditions of Approval to ensure that potential impacts from glare are less than significant B -1 Expansive areas of highly reflective materials, such as mirrored glass, must not he permitted Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Budding Safety Department B -2 Lighting must be designed to minimize off -site glare Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Final Environmental Impact Report Pre - construction, Construction Applicant Planning and Building Safety Department Planning and Building Safety Department IX Mitigation Monitoring and Reporting Program Page IX -2 b :i City of El Segundo February 2005 Plaza El Segundo Development Impacts related to visual character and light and glare would be less than significant under the Plaza El Segundo Development No mitigation measures are required However, the following measures are recommended as Conditions of Approval to ensure that potential impacts from glare are less than significant B -3 Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted Non - reflective building materials must be used to the maximum extent possible to reduce potential glare impacts Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department B -4 Lighting must be designed to minimize off -site glare Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: II. AIR QUALITY Subsequent Environmental Documentation Pre - construction, Construction Applicant Planning and Building Safety Department Planning and Building Safety Department Subsequent environmental documentation must be prepared for any future development project proposed within the Sepulveda /Rosecrans Rezoning Site to identify emissions associated with construction of that specific development The subsequent environmental documentation must address the following C -1 Prior to implementation of specific development projects, impacts associated with construction emissions must be examined in light of this Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration. This examination must provide quantified estimates of construction emissions based upon the specific site, schedule and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project- specific analysis Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -3 Final Environmental Impact Report n City of El Segundo February 2005 Mitigation Measures Sepulveda /Rosecrans Site Rezoning C -1 Prior to implementation of specific development projects, impacts associated with construction emissions must be examined This examination must provide quantified estimates of construction emissions based upon the specific site, schedule and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project- specific analysis Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Planning and Building Safety Department Construction C -2 The construction area and vicinity (500 -foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -3 All unpaved roads, parking and staging areas must be watered at least once every two hours of active operation Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department Sepulveda /Rosecrans Site Rezoning and PIaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -4 Final Environmental Impact Report 17 1 City of El Segundo February 2005 C -4 Site access points must be swept/washed within thirty minutes of visible dirt deposition Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -5 On -site stockpiles of debris, dirt or rusty materials must be covered or watered at least twice daily Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Budding Safety Department, Public Works Department C -6 All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -7 All haul trucks must have a capacity of no less than twelve and three- quarter (12 75) cubic yards Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -8 At least 80 percent of all inactive disturbed surface areas must be watered on a dally basis when there is evidence of wind driven fugitive dust Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -5 7 4 Final Environmental Impact Report City of El Segundo February 2005 C -9 Operations on any unpaved surfaces must be suspended when winds exceed 25 mph Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -10 Traffic speeds on unpaved roads must be limited to 15 miles per hour Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -11 Operations on any unpaved surfaces must be suspended during first and second stage smog alerts Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -12 The applicant must develop and implement a construction management plan, as approved by the City of El Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD a Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e g , flag person) c Schedule construction activities that affect traffic flow on the arterial system to off- peak hours to the degree practicable d Re -route construction trucks away from congested streets e Consolidate truck deliveries when possible Sepulveda /Rosecrans Site Rezoning and Plaza IX, Mitigation Monitoring and Reporting Program El Segundo Development Page IX -6 Final Environmental Impact Report -3 +7 1 L J City of El Segundo February 2005 f Provide dedicated turn lanes for movement of construction trucks and equipment on- and off -site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions h Suspend use of all construction equipment operations during second stage smog alerts Contact SCAQMD at (800) 242 -4022 for daily forecasts, 1 Use electricity from power poles rather than temporary diesel- or gasoline- powered generators 1 Use methanol- or natural gas - powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane- powered on -site mobile equipment instead of gasoline if readily available at competitive prices Monitoring Phase: Pre- construction, Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Budding Safety Department, Public Works Department Plaza El Segundo Development Construction C -13 The construction area and vicinity (500 -foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Muigat Monttonng and Reporting Program El Segundo Development Page IX -7 4 R Final Environmental Impact Report 'A '7 City of El Segundo February 2005 C -14 All unpaved roads, parking and staging areas must be watered at least once every two hours of active operation Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -15 Site access points must be swept/washed within thirty minutes of visible dirt deposition Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -16 On -site stockpiles of debris, dirt or rusty materials must be covered or watered at least twice daily Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Budding Safety Department, Public Works Department C -17 All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -18 All haul trucks must have a capacity of no less than twelve and three- quarter (12 75) cubic yards Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department SepulvedalRosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -8 Final Environmental Impact Report 1 U City of El Segundo February 2005 C -19 At least 80 percent of all inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind driven fugitive dust Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -20 Operations on any unpaved surfaces must be suspended when winds exceed 25 mph. Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -21 Traffic speeds on unpaved roads must be limited to 15 miles per hour Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -22 Operations on any unpaved surfaces must be suspended during first and second stage smog alerts Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department C -23 The applicant must develop and implement a construction management plan, as approved by the City of El Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD a. Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e g , flag person) Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -9 Final Environmental Impact Report 176 City of El Segundo February 2005 c Schedule construction activities that affect traffic flow on the arterial system to off - peak hours to the degree practicable d Re -route construction trucks away from congested streets e Consolidate truck deliveries when possible f Provide dedicated turn lanes for movement of construction trucks and equipment on- and off -site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions It Suspend use of all construction equipment operations during second stage smog alerts, Contact SCAQMD at (800) 242 -4022 for daily forecasts i Use electricity from power poles rather than temporary diesel- or gasoline- powered generators Use methanol- or natural gas - powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane- powered on -site mobile equipment instead of gasoline if readily available at competitive prices Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Planning and Building Safety Department, Public Works Department III. BIOLOGICAL RESOURCES Subsequent Environmental Documentation Subsequent environmental documentation must be prepared for any proposed development project that includes the northwest comer of the proposed Sepulveda /Rosecrans Rezoning Site that has been identified as potentially containing 0 30 acres of _jurisdictional wetlands area under the ,jurisdiction of LARWQCB Impacts to any jurisdictional wetlands that may exist in this area must be examined, at the time the development project is proposed, in light of the Program E1R to determine whether a new Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -10 :� Final Environmental Impact Report City of El Segundo February 2005 Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following D -1 A site specific analysts must be conducted to determine whether the design of the proposed development project would impact any of the 0 30 acres identified as potential jurisdictional wetlands This analysts shall be completed prior to the start of construction activities for any proposed development within the Sepulveda /Rosecrans Rezoning Site If jurisdictional wetlands would be affected by the development project, measures shall be identified to reduce impacts to less than significant levels Subsequent environmental documentation must also be prepared for any proposed development project within the proposed Sepulveda /Rosecrans Rezoning Site to determine the presence /absence of sensitive species This information must be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following D -2 Site specific analysis of potential effects to four sensitive bird species (white tailed kite, loggerhead shrike, burrowing owl and Belding's savannah sparrow) must be conducted prior to the start of construction activities for any proposed development within the Sepulveda /Rosecrans Rezoning Site If any of these sensitive species would be affected by the proposed development, measures must be identified to reduce impacts to these species to less than significant levels, including, but not limited to, on -site monitoring by a qualified biologist during grading and /or construction activities In the preparation of subsequent environmental documentation, as described above, it is not necessary to re -survey any area that has already been addressed in this EIR or may be surveyed in the course of preparing subsequent environmental documentation for later projects Mitigation Measures Sepulveda /Rosecrans Site Rezoning D -1 A site specific analysis must be conducted to determine whether the design of the proposed development project would impact any of the 0 30 acres identified as potential jurisdictional wetlands This analysts shall be completed prior to the start of construction activities for any proposed development within the Sepulveda /Rosecrans Rezoning Site If jurisdictional wetlands would be affected by the development project, measures shall be identified to reduce impacts to less than significant levels Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Repotting Program El Segundo Development Page IX -11 Final Environmental Impact Report i. l City of El Segundo February 2005 Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Los Angeles Regional Water Quality Control Board Monitoring Agency: Planning Division D -2 Site specific analysis of potential effects to four sensitive bird species (white tailed kite, loggerhead shrike, burrowmg owl and Belding's savannah sparrow) must be conducted prior to the start of construction activities for any proposed development within the Sepulveda /Rosecrans Rezoning Site If any of these sensitive species would be affected by the proposed development, measures must be identified to reduce impacts to these species to less than significant levels, including, but not limited to, on -site monitoring by a qualified biologist during grading and /or construction activities Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: California Department of Fish and Game Monitoring Agency: Planning Division D -3 All construction personnel must receive copies of all pertinent mitigation measures to reduce impacts to general biological resources and must be instructed on avoiding adverse impacts to birds encountered on -site Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division D -4 Prior to site remediation or construction grading on parts of the Site where burrowing owls may occur, a qualified biologist must be retained to conduct surveys for burrowing owl to determine if it is resident on -site Surveys must be conducted no more than 30 days prior to commencement of such activities If burrowing owl is determined to be resident, a qualified biologist must oversee site remediation and demolition activities in and around any semi - natural areas which could be occupied by burrowing owl Proposed mitigation measures must be presented to the California Department of Fish and Game and /or U S Fish and Wildlife Service for approval to avoid directly harming the owl if it is present on -site during these activities Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: California Department of Fish and Game, United States Fish and Wildlife Service Monitoring Agency: Planning Division Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -I2 Final Environmental Impact Report l `} City of El Segundo February 2005 Plaza El Segundo Development D -5 All construction personnel must receive copies of all pertinent mitigation measures to reduce impacts to general biological resources and must be instructed on avoiding adverse impacts to birds encountered on -site Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division D -6 Prior to site remediation or construction grading on parts of the Site where burrowing owls may occur, a qualified biologist must be retained to conduct surveys for burrowing owl to determine if it is resident on -site Surveys must be conducted no more than 30 days prior to commencement of such activities If burrowing owl is determined to be resident, a qualified biologist must oversee site remediation and demolition activities in and around any semi - natural areas which could be occupied by burrowing owl Proposed mitigation measures must be presented to the California Department of Fish and Game and /or U S Fish and Wildlife Service for approval to avoid directly harming the owl if it is present on -site during these activities Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: California Department of Fish and Game, United States Fish and Wildlife Service Monitoring Agency: Planning Division D -7 Prior to issuance of building permits, evidence must be provided to the City of El Segundo that all necessary approvals for any wetland dredge /fill contemplated by such permit have been obtained from the Regional Water Quality Control Board - Los Angeles Region or equivalent documentation, or a waiver stating that no permit is presently required pursuant to the regulations of that agency If required, conditions for permit approval by LARWQCB must include, but may not be limited to the following • Mitigation of any unavoidable impacts to wetland values and functions to the satisfaction of the permitting agency, • Incorporation of buffers to the wetland areas; • On -site treatment of runoff to improve water quality, and Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Repotting Program El Segundo Development Page IX -13 Final Environmental Impact Report p �j City of El Segundo February 2005 • Compliance with best management practices during construction Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: IV. GEOLOGY AND SOILS Subsequent Environmental Documentation Pre - construction Applicant Los Angeles Regional Water Quality Control Board Planning Division Subsequent environmental documentation must be prepared for any proposed development on the Sepulveda /Rosecrans Rezoning Site to determine the presence or absence of methane The subsequent environmental documentation must address the following: E -1 A methane study must be conducted to determine the levels at which methane is or is not present in the area of any proposed development If methane is determined to be present at or above levels which require action, then the report must include recommendations and mitigation measures which must be followed Mitigation Measures Sepulveda/Rosecrans Site Rezoning E -1 A methane study must be conducted to determine the levels at which methane is or is not present in the area of any proposed development If methane is determined to be present at or above levels which require action, then the report must include recommendations and mitigation measures which must be followed Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Planning and Building Safety Department Monitoring Agency: Building Safety Division E -2 All soil disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles per hour Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Building Safety Division, Public Works Department Sepulveda/Rosecrans Site Rezoning and Plaza IX Mitigation Momtonng and Reporting Program El Segundo Development Page IX -14 Final Environmental Impact Report City of El Segundo February 2005 Plaza El Segundo Development E -3 All sod disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles per hour Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: Building Safety Division, Public Works Department V. HYDROLOGY AND WATER QUALITY Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning Construction F -1 The applicant must prepare hydrology studies for each specific development on the Sepulveda /Rosecrans Rezoning Site Such studies must be reviewed and approved by the City of El Segundo and any other applicable agency Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Building Safety Division, Public Works Department F -2 The applicant must prepare runoff studies for each specific development on the Sepulveda /Rosecrans Rezoning Site so that the runoff from one specific project area would not flow onto another specific project area without the owners consent Such studies must be reviewed and approved by the City of El Segundo and any other applicable agency Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Building Safety Division, Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -15 Final Environmenial Impact Repon 18 City of El Segundo February 2005 F -3 The applicant must prepare a master drainage plan for each specific development on the Sepulveda /Rosecrans Rezoning Site This plan must include detailed hydrology /hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate the potential for downstream flooding due to increased storm water runoff These plans will also identify the proposed BMPs to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan and the ESMC Such plans must be reviewed and approved by the City of el Segundo and the Los Angeles County Department of Public Works, Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Building Safety Division, Public Works Department F -4 The applicant must design, for each specific development on the Sepulveda /Rosecrans Rezoning Site, a conveyance and detainment system to meet the Los Angeles County Department of Public Works limits on the storm drains that would convey the Sepulveda /Rosecrans Rezoning Site's discharge Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department F -5 The proposed Sepulveda /Rosecrans Site Rezoning and Plaza E1 Segundo Development must comply with the City of El Segundo Ordinance No 1347 and No 1348, which establishes storm water and urban pollution controls Monitoring Phase: Pre - construction, Construction, Post - Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division; Public Works Department Monitoring Agency: Public Works Department Operation F -6 The project owner /developer of a specific development (e g , Plaza El Segundo) on the Sepulveda /Rosecrans site must maintain all structural or treatment control BMPs for the life of the project Monitoring Phase: Post - construction Implementation Party: Applicant Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -16 Final Environmental Impact Report a ZvJ City of El Segundo February 2005 Enforcement Agency: Building Safety Division, Public Works Department, El Segundo Fire Department Monitoring Agency: Building Safety Division, Public Works Department, El Segundo Fire Department Plaza El Segundo Development Construction F -7 The applicant must prepare a hydrology study for the Plaza El Segundo site The study must be reviewed and approved by the City of E1 Segundo and any other applicable agencies Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Building Safety Division, Public Works Department F -8 The applicant must prepare a runoff study for the Plaza El Segundo site so that the runoff does not flow onto another area without the owners consent The study must be reviewed and approved by the City of El Segundo and any other applicable agencies Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Budding Safety Division, Public Works Department F -9. The applicant must prepare a master drainage plan for the Plaza El Segundo site This plan must include detailed hydrology /hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate the potential for downstream flooding due to increased storm water runoff These plans will also identify the proposed BMPs to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan and the ESMC Such plans must be reviewed and approved by the City of El Segundo and the Los Angeles County Department of Public Works Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -17 i Final Environmental Impact Report City of El Segundo February 2005 F -10 The applicant must design a conveyance and detainment system to meet the City of El Segundo's and Los Angeles County Department of Public Works limits on the storm drains that would convey the Plaza El Segundo site's discharge Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division; Public Works Department Monitoring Agency: Public Works Department F -11 The proposed Plaza El Segundo Development must comply with the City of El Segundo Ordinance No 1347 and No 1348, which establishes storm water and urban pollution controls Monitoring Phase: Pre - construction, Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Public Works Department Operation F -12 The project owner /developer must maintain all structural or treatment control BMPs for the life of the Plaza El Segundo Development Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Post - construction Applicant Public Works Department Public Works Department VI. HAZARDS AND HAZARDOUS MATERIALS Subsequent Environmental Documentation Department; El Segundo Fire Department, El Segundo Fire Subsequent environmental documentation must be prepared for any proposed development project within the proposed Sepulveda /Rosecrans Rezoning Site Conditions related to soil and groundwater contamination must be examined for the proposed development site, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program o _ El Segundo Development Page IX -18 Final Environmental Impact Report City of El Segundo February 2005 G -I A full characterization of all the parcels that comprise that project site must be undertaken The City must require that this process be initiated by requiring the project applicant to conduct a Phase I Environmental Site Assessment (ESA) or equivalent investigation and analysis for the specific project site that would be occupied by the proposed development The Phase I ESA or equivalent document must be prepared by a licensed professional (Registered Environmental Assessor or equivalent) and submitted to the City for review G -2 If indicated by the initial investigation, the City must require the preparation of subsequent Phase II investigation(s) and submission to the Los Angeles Regional Water Quality Control Board and /or other appropriate agency The project applicant must provide to the City copies of all materials submitted to the LARWQCB or any other regulatory agency G -3. Remediation of any environmental conditions identified in the Phase I and Phase II site assessments or investigations must be accomplished to the standards established and agreed upon by the appropriate regulatory agency(tes) for the contemplated development, prior to the issuance of grading or building permits for the project The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency G -A If the future development project would include any part of the Sepulveda /Rosecrans Rezoning Site that currently contains structures, an asbestos and lead survey must be conducted to determine the presence or absence of these substances Removal of these substances must be conducted in accordance with all applicable rules and regulations Mitigation Measures Sepulveda /Rosecrans Site Rezoning G -1 A full characterization of all the parcels that comprise that project site must be undertaken The City must require that this process be initiated by requiring the project applicant to conduct a Phase I Environmental Site Assessment (ESA) or equivalent investigation and analysis for the specific project site that would be occupied by the proposed development The Phase I ESA or equivalent document must be prepared by a licensed professional (Registered Environmental Assessor or equivalent) and submitted to the City for review Monitoring Phase: Pre- construction Implementation Party: Applicant Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -19 pp Final Environmental Impact Report i O U City of El Segundo February 2005 Enforcement Agency: Planning Division, El Segundo Fire Department Monitoring Agency: Planning Division G -2 If indicated by the initial investigation, the City must require the preparation of subsequent Phase II investigation(s) and submission to the Los Angeles Regional Water Quality Control Board and /or other appropriate agency The project applicant must provide to the City copies of all materials submitted to the LARWQCB or any other regulatory agency Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Los Angeles Regional Water Quality Control Board, Planning Division Monitoring Agency: Planning Division G -3 Remedtation of any environmental conditions identified in the Phase I and Phase II site assessments or investigations must be accomplished to the standards established and agreed upon by the appropriate regulatory agency(ies) for the contemplated development, prior to the issuance of grading or building permits for the project, The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency Monitoring Phase: Implementation Party: Enforcement Agency- Monitoring Agency: Pre-construction Applicant Planning Division, Los Quality Control Board Planning Division Angeles Regional Water G -4 If the future development project would include any part of the Sepulveda /Rosecrans Rezoning Site that currently contains structures, an asbestos and lead survey must be conducted to determine the presence or absence of these substances Removal of these substances must be conducted in accordance with all applicable rules and regulations Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Pre - construction, Construction Applicant Building Safety Division Building Safety Division G -5 Remedial investigations, health risk assessments for the contemplated development and soils remedial action plans for the Plaza El Segundo portion of the project site must be Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -20 Final Environmental Impact Report 18 7 City of El Segundo February 2005 completed and approved to the standards established and agreed upon in conjunction with the LARWQCB prior to the start of any project activities The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Planning Division, Los Quality Control Board Planning Division Angeles Regional Water G -6 Remediation of shallow soil of the Plaza El Segundo Development site must be accomplished to the standards for commercial development established and agreed upon in conjunction with the LARWQCB and a shallow soil closure letter must be issued by the LARWQCB prior to the issuance of grading permits for construction of the proposed Plaza El Segundo Development The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: VII. LAND USE Subsequent Environmental Documentation Pre - construction Applicant Planning Division, Los Quality Control Board Planning Division No subsequent environmental documentation is required. Mitigation Measures Sepulveda /Rosecrans Site Rezoning No mitigation measures are required Plaza El Segundo Development No mitigation measures are required Angeles Regional Water Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -21 Final Environmental Impact Report 188 City of El Segundo February 2005 VIII. NOISE Subsequent Environmental Documentation Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda /Rosecrans site The subsequent environmental documentation must address the following I -1 A project- specific construction noise analysts must be prepared that calculates, based on project- specific parameters and identification of the site - specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below Mitigation Measures Sepulveda /Rosecrans Site Rezoning I -1 A project - specific construction noise analysts must be prepared that calculates, based on project - specific parameters and identification of the site- specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below • Construction contracts must specify that all construction equipment must be equipped with mufflers and other applicable noise attenuation devices • During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor property locations to the southwest, north, and east of the Sepulveda /Rosecrans Rezoning Site SepulvedalRosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -22 t u Final Environmental Impact Report 18 J City of El Segundo February 2005 • As stated in the City of El Segundo Municipal Code, construction must be restricted to the hours of 7 00 a in to 6 p in Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday • Temporary plywood noise barriers must be constructed along the property lines of the Sepulveda /Rosecrans Rezoning Site during construction, which must be high enough to block the line-of-site between the Sepulveda /Rosecrans Rezoning Site and receptor property locations to the southwest, north, and east Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Pre - construction, Construction Applicant Planning Division Planning Division I -2 Construction contracts must specify that all construction equipment must be equipped with mufflers and other applicable noise attenuation devices Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division I -3 During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor property locations to the north and east of the Plaza El Segundo Site Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division I -4 As stated in the City of El Segundo Municipal Code, construction must be restricted to the hours of 7 00 a m. to 6 p in Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Divsion Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -23 Final Environmental Impact Report 1-00 City of El Segundo February 2005 I -5 Temporary plywood noise barriers must be constructed along the property lines of the 4 5 net acre portion of the Plaza El Segundo site south of the UPRR tracks during construction, which must be high enough to block the line -of -site (a minimum of 8 feet above existing grade) between the Plaza El Segundo site and receptor property locations to the southwest, north, and east Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning Division Budding Safety Division IX. POPULATION, HOUSING, AND EMPLOYMENT Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning No mitigation measures are required Plaza El Segundo Development No mitigation measures are required X. PUBLIC SERVICES Fire Protection Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning K 1 -1 The applicant must pay the City of El Segundo a Fire Service Mitigation Fee of $0 14 per gross square foot of budding area prior to the issuance of a certificate of occupancy Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -24 i (l Final Environmental Impact Report 1 J City of El Segundo February 2005 Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division K 1 -2 A fire life safety plan, which must include definitive plans and specifications, must be submitted to the El Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department K 1 -3 The applicant must provide fire access roadways to and throughout the property and submit a layout plan to the ESFD for approval Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department K 1 -4 The applicant must provide water flow and on -site fire hydrants as required by the ESFD Monitoring Phase: Pre - construction, Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, El Segundo Fire Department Monitoring Agency: El Segundo Fire Department K 1 -5 The following installations require separate Fire Department approval The applicant must submit separate plans for Fire Department review • Automatic fire sprinklers, • Fire alarm system, • Underground fire service mains, • Fire pumps, • Emergency generators, and Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monuoreng and Reporting Program El Segundo Development Page IX -25 y Final Environmental Impact Report City of El Segundo February 2005 • Any aboveground or underground storage tank including elevator sumps and condensation tanks Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department K 1 -6 The applicant must pay the City of El Segundo a Fire Service Mitigation Fee of $0 14 per gross square foot of building area prior to the issuance of a certificate of occupancy Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division K 1 -7 A fire life safety plan, which must include definitive plans and specifications, must be submitted to the El Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development, Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department K 1 -8 The applicant must provide fire access roadways throughout the property and submit a layout plan to the ESFD for approval Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department K 1 -9 The applicant must provide water flow and on -site fire hydrants as required by the ESFD Monitoring Phase: Pre - construction, Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, El Segundo Fire Department Monitoring Agency: El Segundo Fire Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -26 i (� Final Environmental Impact Report 19 J City of El Segundo February 2005 K 1 -10 The following installations require separate Fire Department approval The applicant must submit separate plans for Fire Department review • Automatic fire sprinklers, • Fire alarm system, • Underground fire service mains, • Fire pumps, • Emergency generators, and • Any aboveground or underground storage tank including elevator sumps and condensation tanks Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Police Protection Subsequent Environmental Documentation Pre - construction Applicant El Segundo Fire Department El Segundo Fire Department No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning K 2 -1 The applicant must pay the City of El Segundo a Police Service Mitigation Fee of $0 11 per gross square foot of building area prior to the occupancy of each building Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division K 2 -2 A strategic security plan, which must include definitive plans and specifications, must be submitted to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -27 Final Environmental Impact Report City of El Segundo February 2005 Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development The strategic security plan must include, but not be limited to, the following item • Depending upon the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4" to as much as 24" • Building entrances and exits must be limited in number and located in a manner to increase security and visibility of the building • All landscaping must be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access • Adequate street, walkway, building and parking lot lighting must be provided to enhance security • Provisions for on -site security personnel Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: El Segundo Police Department Monitoring Agency: El Segundo Police Department Plaza El Segundo Development K 2 -3 The applicant must pay the City of El Segundo a Police Service Mitigation Fee of $0 11 per gross square foot of building area prior to the occupancy of each building Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division K 2 -4 A strategic security plan, which must include definitive plans and specifications, must be submitted to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development The strategic security plan must include, but not be limited to, the following item: Sepulveda(Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -28 Final Environmental Impact Report 195 City of El Segundo February 2005 • Depending upon the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4" to as much as 24" • Building entrances and exits must be limited in number and located in a manner to increase security and visibility of the building • All landscaping must be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access • Adequate street, walkway, building and parking lot lighting must be provided to enhance security. • Provisions for on -site security personnel Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: El Segundo Police Department Monitoring Agency: El Segundo Police Department XI. TRANSPORTATION AND TRAFFIC Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning Physical Roadway Improvements L -1 Et Segundo Boulevard and Sepulveda Boulevard Convert the existing eastbound right - turn only lane to a shared through /right -tum lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center median to convert the westbound shared through left -turn lane to a dedicated second left turn lane and additional through lane Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Caltrans Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -29 Final Environmental Impact Report 19C City of El Segundo February 2005 Monitoring Agency: Public Works Department, Caltrans L -2 El Segundo Boulevard and Aviation Boulevard Provide a fair share cost of roadway construction and striping for a dedicated northbound right -turn lane at this intersection based upon each project's volume of traffic added to the intersection Another development project (Los Angeles Air Force Base Land Conveyance, Construction and Development) will be providing all of the additional right -of -way necessary to implement this improvement Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction, Construction Applicant Public Works Department, City of Hawthorne Public Works Department Public Works Department, City of Hawthorne Public Works Department L -3 Park Place and Nash Street Provide a new traffic signal at this location Widen and restripe the eastbound and westbound directions to provide one left-rum lane, one through lane, and one right -turn only lane Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department L -4 Park Place and Douglas Street Provide a new traffic signal at this location Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department L -5 Rosecrans Avenue and Sepulveda Boulevard On the westbound approach of Rosecrans Avenue dedicate additional right -of -way on the north side of Rosecrans Avenue to provide a free flow right -turn lane and third left -turn lane Sepulveda Boulevard south of Rosecrans Avenue may need to be widened to accommodate the third left -tum lane, depending on the specific design of this lane This widening could take place within the existing Sepulveda Boulevard right -of -way Widen the east side of Sepulveda Boulevard along the project frontage to provide the acceptance lane for the free westbound right -turn lane This additional lane on Sepulveda should be improved to the new Park Place connection where a right turn lane will be provided This intersection's jurisdiction is shared with Manhattan Beach and Caltrans Coordination Sepulveda / Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -30 Final Environmental Impact Report i J City of El Segundo February 2005 and concurrence of these agencies for implementation of these improvements would be required Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction, Construction Applicant Public Works Department, Caltrans; City of Manhattan Beach Public Works Department Public Works Department, Caltrans; City of Manhattan Beach Public Works Department L -6 Rosecrans Avenue and Continental Way Provide a new traffic signal at this location This intersection's ,jurisdiction is shared with Manhattan Beach Coordination and concurrence of this agency for implementation of this improvement would be required Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction, Construction Applicant Public Works Department, City of Manhattan Beach Public Works Department Public Works Department, City of Manhattan Beach Public Works Department L -7 Rosecrans Avenue and Douglas Street On the westbound approach, widen the north side of Rosecrans Avenue to provide a dedicated westbound right -turn lane This intersection's jurisdiction is shared with Manhattan Beach Coordination and concurrence of this agency for implementation of this improvement would he required This improvement is included as part of the current Rosecrans /Aviation Widening (discussed above under "Future Highway System Improvements ") but will be guaranteed by the project Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Site Trip Reductions Pre - construction, Construction Applicant Public Works Department, City of Manhattan Beach Public Works Department Public Works Department, City of Manhattan Beach Public Works Department L -8 Project applicants must promote rideshare programs (bikes, rideshare matching and transit options) as required by the City of El Segundo Transportation Demand Management Program (TDM) In addition to the traditional TDM program, project applicants must promote access to the Commute View System which is being Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -31 Final Environmental Impact Report 1 "CIO City of El Segundo February 2005 implemented by the City to provide information on congested routes to provide additional trip reduction measures The Commute View System is an advanced traveler information system which provides real time travel time information, incident information, and general traffic conditions through a variety of devices such as the cable, internet, cell phone and wireless PDA This will provide commuters the ability to make informed decisions regarding the route, time of travel and mode of transportation Project applicants must include or share in a transit connection system to promote use of the existing Metro Green Line service, remote employee lot during seasonal peaks and local circulator service Based upon estimate usage patterns and trial studies, an approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements Monitoring Phase: Post - construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Planning Division Monitoring Agency: Public Works Department, Planning Division Intelligent Transportation Systems Connections /Upgrades L -9 The South Bay area will be enhanced with an area -wide signal system upgrade prior to project completion in 2012 This system is already funded and will be implemented with or without the proposed project The improvement will provide for intelligent transportation systems (ITS) which provide real time adjustment to signal timing based upon current conditions thereby increasing capacity along major corridors ITS system enhancements are currently being tested and evaluated which provide further enhanced capacity These enhancements provide advanced communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and Advanced Traffic Management Systems (ATMS) ATIS provides commuters with information to make route and time of day decisions The enhanced ATIS system that would be included within the South Bay ITS system will enable private sector partners to disseminate freeway and arterial traffic information to the public via paid subscription services ATMS manages the traffic system on surrounding streets Applicants for development projects within the proposed Sepulveda /Rosecrans Rezoning Site must provide for connectivity to the systems described above Project applicants must provide access to information disseminated by the ATIS system to patrons and employees by including at least one television monitor or equivalent equipment that is compatible with and connected to the ATIS system and that displays current commuter information from the ATIS system during all hours that the development is open for business. The monitor or equivalent equipment shall be Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -32 Final Environmental Impact Report City of El Segundo February 2005 placed in a centralized location within the development, shall be specifically identified on directory maps of the facility, shall be specifically and clearly identified as the location for obtaining current travel information and shall be identified elsewhere throughout the development with signage that directs patrons to the location Project applicants must also facilitate dissemination of information provided by the ATIS system to project employees by working with project tenants to offer fully or partially subsidized monthly subscriptions to employees (currently estimated at full cost of $5 00 per month per user) Project applicants (or successors in interest) must provide any new project tenant with information regarding subscription programs available to employees and costs thereof and shall encourage tenants to provide subsidized monthly subscriptions to their employees However, because there is no guarantee that subscription subsidies will be provided by future tenants of developments within the Sepulveda /Rosecrans Rezoning Site, no additional credit for these subscriptions can be taken except for the enhancements provided by the South Bay ITS system as presently designed (7 %, see discussion under "Future Highway System Improvements" above) Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Local Street - Freeway Inter -Ties Construction, Post - construction Applicant Public Works Department, Planning Division, Los Angeles County Public Works Department Public Works Department, Planning Division; Los Angeles County Public Works Department L -10 This mitigation measure is applicable to buildout of the Sepulveda /Rosecrans Rezoning Site beyond the Plaza El Segundo Project Development Applicants for development projects within the Sepulveda /Rosecrans Rezoning Site (excluding the Plaza El Segundo Project) shall fund or construct upgrades and enhancements to the El Segundo and /or South Bay ITS systems, and /or the Caltrans ITS system that singly or in combination cause an increase of 3% in the capacity of the street system served by these ITS systems The 3% increase shall be measured from the calculated capacity of the system based upon existing lane configurations, plus a 10% increase on street in the City of El Segundo, and 7% increase on streets outside the City of El Segundo to reflect the El Segundo and South Bay ITS systems, respectively The upgrades /enhancements shall be selected from the following menu and approved by the relevant ,jurisdictional agency expansion of the fiber optic communication system, expansion of wireless communication components, provision of software components, Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -33 Final Environmental Impact Report 0 i� City of El Segundo February 2005 supplemental advance system detectors, changeable message signs, closed circuit television cameras, or any other reasonably feasible upgrade or enhancement approved by the relevant jurisdictional agency The applicant shall participate in any applicable fair share fee mitigation program that will otherwise fund the foregoing upgrades /enhancements and shall receive credit for all fair share payments Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department, Caltrans, Angeles Department of Public Works Public Works Department, Caltrans, Angeles Department of Public Works Project Parking/Egress Information System for Key AccessJEgress Comdors County of Los County of Los L -11 Project applicants must provide parking /egress information systems in the manner of Changeable Message Signs (CMS) along key access /egress corridors of Sepulveda Boulevard, Rosecrans Avenue, and Park Place Currently, Los Angeles County is installing CMS on major streets in the South Bay area and locations for additional CMS would be identified in coordination with Los Angeles County A centrally located kiosk system must be included in project design that can disseminate roadway conditions along the major routes This information would be utilized by the employee or patron to determine the least congested access /egress route to /from the project, thereby minimizing delay on the roadway systems Based upon recent studies in the South Bay area under trial conditions, implementation of this measure is anticipated to improve capacity at the site adjacent intersections by three percent, along major corridors of Rosecrans Avenue, Sepulveda Boulevard, and El Segundo Boulevard by two percent, and the balance of the study intersections by one percent Monitoring Phase: Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Planning Division Monitoring Agency: Public Works Department, Planning Division Improvements for Cumulative Growth L -12 In order to assist in addressing future cumulative traffic deterioration, the City of El Segundo through its Traffic Congestion Mitigation Fee Ordinance will require the developer of a specific project to make a "fair share" contribution for programmed roadway improvements In addition, project implementation of the signal system Sepulveda/Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -34 U I. Final Environmental Impact Report City of El Segundo February 2005 enhancements described above will benefit the entire system and reduce cumulative impacts along the roadway corridors Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Physical Roadway Improvements Pre - construction Applicant Planning Division, Public Works Department Planning Division, Public Works Department L -13 El Segundo Boulevard and Sepulveda Boulevard - Convert the existing eastbound right - turn only lane to a shared through /right -turn lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center median to convert the westbound shared through left -turn lane to a dedicated second left turn lane and additional through lane Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Caltrans Monitoring Agency: Public Works Department, Caltrans L -14 El Segundo Boulevard and Aviation Boulevard - Provide a fair share cost of roadway construction and striping for a dedicated northbound right -turn lane at this intersection based upon each project's volume of traffic added to the intersection Another development project (Los Angeles Air Force Base Land Conveyance, Construction and Development) will be providing all of the additional right -of -way necessary to implement this improvement Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department, City of Hawthorne Public Works Department Monitoring Agency: Public Works Department, City of Hawthorne Public Works Department L -15 Rosecrans Avenue and Sepulveda Boulevard - On the westbound approach of Rosecrans Avenue dedicate additional right -of -way on the north side of Rosecrans Avenue to provide a free flow right -turn lane and third left -turn lane Sepulveda Boulevard south of Rosecrans Avenue may need to be widened to accommodate the third left -turn lane, depending on the specific design of this lane This widening could Sepulveda / Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -35 Final Environmental Impact Report 10-02 City of El Segundo February 2005 take place within the existing Sepulveda Boulevard right -of -way Widen the east side of Sepulveda Boulevard along the project frontage to provide the acceptance lane for the free westbound right -turn lane This additional lane on Sepulveda should be improved to the new Park Place connection where a right turn lane will be provided This intersection's jurisdiction is shared with Manhattan Beach and Caltrans. Coordination and concurrence of these agencies for implementation of these improvements would be required Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction, Construction Applicant Public Works Department, Caltrans, City of Manhattan Beach Public Works Department Public Works Department, Caltrans, City of Manhattan Beach Public Works Department L -16 Rosecrans Avenue and Continental Way - Provide a new traffic signal at this location This intersection's jurisdiction is shared with Manhattan Beach Coordination and concurrence of this agency for implementation of this improvement would be required Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Site Trip Reductions Pre - construction, Construction Applicant Public Works Department, City of Manhattan Beach Public Works Department Public Works Department, City of Manhattan Beach Public Works Department L -17 The project applicant must promote rideshare programs (bikes, rideshare matching, and transit options) as required by the City of El Segundo Transportation Demand Management Program (TDM) In addition to the tradition TDM program and to provide additional trip reduction measures, the project applicant must promote access to the Commuter View System which is being implemented by the City to provide information on congested routes The project applicant must provide a transit connection system must be established and /or shared with other nearby retail projects to promote use of the existing Metro Green Line service, remote employee lot during seasonal peaks and local circulator service Based upon typical usage patterns, an approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements Monitoring Phase: Post - Construction Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -36 Final Environmental Impact Report Z Q2 City of El Segundo February 2005 Implementation Party: Applicant Enforcement Agency: Public Works Department, Planning Division Monitoring Agency: Public Works Department, Planning Division Intelligent Transportation System Connections /Upgrades L -18 The South Bay area will be enhanced with an area -wide signal system upgrade prior to project completion In 2012 This system is already funded and will be implemented with or without the proposed project The improvement will provide for intelligent transportation systems (ITS) which provide real time adjustment to signal timing based upon current conditions thereby increasing capacity along major corridors ITS system enhancements are currently being tested and evaluated which provide further enhanced capacity These enhancements provide advanced communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and Advanced Traffic Management Systems (ATMS) ATIS provides commuters with Information to make route and time of day decisions The enhanced ATIS system that would be included within the South Bay ITS system will enable private sector partners to disseminate freeway and arterial traffic information to the public via paid subscription services ATMS manages the traffic system on surrounding streets Applicants for development projects within the proposed Sepulveda /Rosecrans Rezoning Site must provide for connectivity to the systems described above Project applicants must provide access to information disseminated by the ATIS system to patrons and employees by including at least one television monitor or equivalent equipment that is compatible with and connected to the ATIS system and that displays current commuter information from the ATIS system during all hours that the development is open for business The monitor or equivalent equipment shall be placed in a centralized location within the development, shall be specifically identified on directory maps of the facility, shall be specifically and clearly identified as the location for obtaining current travel information and shall be identified elsewhere throughout the development with signage that directs patrons to the location Project applicants must also facilitate dissemination of information provided by the ATIS system to project employees by working with project tenants to offer fully or partially subsidized monthly subscriptions to employees (currently estimated at full cost of $5 00 per month per user) Project applicants (or successors in interest) must provide any new project tenant with information regarding subscription programs available to employees and costs thereof and shall encourage tenants to provide subsidized monthly subscriptions to their employees However, because there is no Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -31 Final Environmental Impact Report J City of El Segundo February 2005 guarantee that subscription subsidies will be provided by future tenants of developments within the Sepulveda /Rosecrans Rezoning Site, no additional credit for these subscriptions can be taken except for the enhancements provided by the South Bay ITS system as presently designed (7 %, see discussion under "Future Highway System Improvements" above) Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Improvements for Cumulative Growth Construction, Post-Construction Applicant Public Works Department, Planning Division, Los Angeles County Public Works Department Public Works Department, Planning Division, Los Angeles County Public Works Department L -19 In order to assist in addressing future cumulative traffic deterioration, the project applicant must comply with the City of El Segundo Traffic Congestion Mitigation Fee Ordinance and make a "fair share" contribution for programmed roadway improvements In addition, project implementation of the signal system enhancements described above will benefit the entire system and reduce cumulative impacts along the roadway corridors Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: XII. UTILITIES Sewer Subsequent Environmental Documentation Pre - construction Applicant Planning Division, Public Works Department Planning Division, Public Works Department Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda /Rosecrans Rezoning Site This information must be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must include the following M 1 -1 An analysis of sewer service to the proposed development must be prepared which examines the capacity of existing sewer lines to serve the development, the projected Sepulveda(Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -38 204 Final Environmental Impact Report City of El Segundo February 2005 peak sewage generation and shall identify new sewer infrastructure required to serve the development Mitigation Measures Sepulveda /Rosecrans Site Rezoning M 1 -1 An analysts of sewer service to the proposed development must be prepared which examines the capacity of existing sewer lines to serve the development, the projected peak sewage generation and must identify new sewer infrastructure required to serve the development Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department Public Works Department M 1 -2 The Sepulveda /Rosecrans Rezoning Site must be annexed to Los Angeles County Sanitation District No 5 Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department, Sanitation Districts Public Works Department Los Angeles County M 1 -3 Project applicants must be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5) to obtain sanitary sewer service Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department, Sanitation Districts Public Works Department Los Angeles County M 1 -4 Additional local sewer infrastructure must be provided by the applicant as necessary to connect the Sepulveda /Rosecrans Rezoning Site with existing sewer infrastructure This provision must be coordinated with the project applicant and may be the partial responsibility of the applicant, as determined by the City Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -39 Final Environmental Impact Report 20 � City of El Segundo February 2005 Enforcement Agency: Public Works Department, Los Angeles County Sanitation Districts Monitoring Agency: Public Works Department M 1 -5 The applicant must be required to replace or upgrade the sewer infrastructure on or adjacent to the Sepulveda /Rosecrans Rezoning Site, as needed Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Los Angeles County Sanitation Districts Monitoring Agency: Public Works Department M 1 -6 Project applicants must comply with the City's Sewer Ordinance No 1093, of the City of El Segundo Municipal Code, Title 12, Chapter I General Provisions, Policies, and Procedures Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department Public Works Department M 1 -7 Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo Planning and Building Safety Department and the Public Works Department for review and approval Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Planning Division, Works Department Planning Division, Works Department Building Safety Division, Public Building Safety Division, Public M 1 -8 Closed circuit television (CCTV) inspection of existing on -site and adjacent off -site sewer mains must be conducted to determine the present condition of the infrastructure which the Sepulveda /Rosecrans Site Rezoning project will connect to Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction City of El Segundo Public Works Department Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -40 Final Environmental Impact Report `2 LI f j City of El Segundo February 2005 M 1 -9 All future developments must be discharged to the existing twelve -inch sanitary sewer main in Rosecrans Avenue Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department M 1 -10 New businesses that generate Fats, Oils, or Greases (e g , restaurants and grocery stores) must be required to install grease interceptors with a minimum 30 minute retention period to ensure these contaminants do not block the sewerage system Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Construction Applicant Building Safety Division, Public Works Department Building Safety Division, Public Works Department M 1 -11 The Sepulveda /Rosecrans Rezoning Site must be annexed to Los Angeles County Sanitation District No 5 Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department, Sanitation Districts Public Works Department Los Angeles County M 1 -12 The project applicant must be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5) to obtain sanitary sewer service Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Public Works Department; Sanitation Districts Public Works Department Los Angeles County M.1 -13 Additional local sewer infrastructure must be provided by the applicant as necessary to connect the Plaza El Segundo site with existing sewer infrastructure This provision must be coordinated with the project applicant and may be the partial responsibility of the applicant, as determined by the City Monitoring Phase: Pre- construction, Construction Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -41 Final Environmental Impact Report 4 O 1 City of El Segundo February 2005 Implementation Party: Enforcement Agency: Monitoring Agency: Applicant Public Works Department, Sanitation Districts Public Works Department Los Angeles County M 1 -14 The existing 15 -mch sanitary sewer line must be removed and replaced with an 18 -inch line Plans must identify the point of connection for the proposed ten -inch sanitary sewer to the existing sanitary sewer main on Allied Way Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Los Angeles County Sanitation Districts Monitoring Agency: Public Works Department M 1 -15 Protect applicants must comply with the City's Sewer Ordinance No 1093, of the City of El Segundo Municipal Code, Title 12, Chapter 1 General Provisions, Policies, and Procedures Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department M 1 -16 Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo Planning and Building Safety Department and the Public Works Department for review and approval Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Pre - construction Applicant Planning Division, Works Department Planning Division, Works Department Building Safety Division, Public Building Safety Division, Public M 1- 17Closed circuit television (CCTV) inspection of existing on -site and adjacent off -site sewer mains must be connected to determine the present condition of the infrastructure which the Sepulveda /Rosecrans Site Rezoning project will connect to Monitoring Phase: Pre - construction Implementation Party: City of El Segundo Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -42 Final Environmental Impact Report r) �i City of El Segundo February 2005 M.1 -18 New businesses that generate Fats, Oils, or Greases (e g , restaurants and grocery stores) must be required to install grease interceptors with a minimum 30 minute retention period to ensure these contaminants do not block the sewerage system Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department Monitoring Agency: Building Safety Division, Public Works Department Water Subsequent Environmental Documentation Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda /Rosecrans Rezoning Site This information must be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must include the following M 2 -1 An analysis of water service to the proposed development must be prepared which examines the capacity of existing water lines to serve the development and projected water demand and must identify new water infrastructure required to serve the development Mitigation Measures SepulvedalRosecrans Site Rezoning M 2 -1 An analysis of water service to the proposed development must be prepared which examines the capacity of existing water lines to serve the development and the projected water demand and must identify new water infrastructure required to serve the development Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department M 2 -2 New streets shall be connected through the Sepulveda /Rosecrans Rezoning Site to adjacent existing streets, with no gaps or disconnects, so as to allow connections to existing infrastructure contained in the existing streets SepulvedalRosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Repotting Program El Segundo Development Page IX -43 Final Environmental Impact Report ti L) .1 City of El Segundo February 2005 Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Public Works Department Public Works Department M 2 -3 Water distribution mains must be installed in the through streets in order to complete the existing water grid and provide water distribution to the interior of the Sepulveda /Rosecrans Rezoning Site Connecting pipes must be a minimum of ten inches Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department M 2 -4 New water lines must be connected to the existing water line located in Allied Way to provide a continuous public water line beginning from Sepulveda Boulevard to an existing line in Allied Way Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Public Works Department Public Works Department M 2 -5 Development on the proposed Sepulveda /Rosecrans Rezoning Site must include dual water connections to allow for landscaping to be irrigated by reclaimed water Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning Division, Building Safety Division, Public Works Department Planning Division, Building Safety Division, Public Works Department M 2 -6 Reclaimed water must be used as the water source to irrigate landscaped areas on the Sepulveda /Rosecrans Rezoning Site Monitoring Phase: Post - construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Planning Division Monitoring Agency: Public Works Department Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Repotting Program El Segundo Development Page IX -44 Final Environmental Impact Report City of El Segundo February 2005 M 2 -7 Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e g drip irrigation, automatic sprinklers equipped with moisture sensors) Monitoring Phase: Pre - construction, Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Planning Division, Budding Safety Division M 2 -8 Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation Monitoring Phase: Post - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division M 2 -9 Selection of drought - tolerant, low water consuming plant varieties must be used to reduce irrigation water consumption Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Planning Division, Recreation and Parks Department M 2 -10 Project applicants must comply with the City's Conservation Program, Ordinance No 1194, of the City of El Segundo Municipal Code, Title 10 -Parks and Recreation, Chapter 2 Water Conservation in Landscaping and Resolution No. 3806 • Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo Planning and Building Safety Department for review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Water Conservation in Landscaping Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Recreation and Parks Department SepulvedalRosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -45 Final Environmental Impact Report ��1 City of El Segundo February 2005 Plaza El Segundo Development M 2 -11 Water distribution mains must be installed in the eastward extension of Park Place and the extension of Allied Way to Park Place in order to complete the existing water grid and provide water distribution to the interior of the Plaza El Segundo site Connecting pipes should be a minimum of ten inches Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Public Works Department Monitoring Agency: Public Works Department M 2 -12 Development on the proposed Plaza El Segundo Site must include dual water connections to allow for landscaping to be irrigated by reclaimed water Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Planning Division, Works Department Planning Division, Works Department Building Safety Division, Public Building Safety Division, Public M 2 -13 Reclaimed water must be used as the water source to irrigate landscaped areas on the Plaza El Segundo Development Monitoring Phase: Post - construction Implementation Party: Applicant Enforcement Agency: Public Works Department, Planning Division Monitoring Agency: Public Works Department M 2 -14 Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e g drip irrigation, automatic sprinklers equipped with moisture sensors) Monitoring Phase: Pre - construction, Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Public Works Department, Building Safety Division M 2 -15 Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation Sprinklers must Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -46 yy Final Environmental Impact Report 1 4 City of El Segundo February 2005 also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation Monitoring Phase: Post - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division M 2 -16 Selection of drought - tolerant, low water consuming plant varieties must be used to reduce irrigation water consumption Monitoring Phase: Pre - construction; Construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Planning Division, Recreation and Parks Department M 2 -17 The project applicant must comply with the City's Conservation Program, Ordinance No 1194, of the City of El Segundo Municipal Code, Title 10 -Parks and Recreation, Chapter 2 Water Conservation in Landscaping and Resolution No 3806 • Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo Planning and Building Safety Department for review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Water Conservation in Landscaping Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Recreation and Parks Department Monitoring Agency: Recreation and Parks Department Solid Waste Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning M 3 -1 Where economically feasible, the proposed Sepulveda /Rosecrans Site Rezoning project must incorporate the use of recycled materials in building materials, furnishing operations and building maintenance, Sepulveda/Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -47 1 ; Final Environmental Impact Report City of El Segundo February 2005 Monitoring Phase: Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division M 3 -2 The proposed Sepulveda /Rosecrans Site Rezoning project must recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the demolition and construction phases Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Construction Applicant Building Safety Division Building Safety Division M 3 -3 The design of the proposed Sepulveda /Rosecrans Site Rezoning project must allocate space for a recycling collection area for use by both on -site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future Monitoring Phase: Pre- construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Plaza El Segundo Development M 3 -4 Where economically feasible, the proposed Plaza El Segundo Development must incorporate the use of recycled materials in building materials, furnishing operations and building maintenance Monitoring Phase: Construction, Post - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division M 3 -5 The proposed Plaza El Segundo Development must recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the demolition and construction phases Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -48 Final Environmental Impact Report cam, .� City of El Segundo February 2005 Monitoring Agency: Planning Division M 3 -6 The design of the proposed Plaza El Segundo Development must allocate space for a recycling collection area for use by both on -site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Natural Gas Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning No mitigation measures are required Plaza El Segundo Development No mitigation measures are required Electricity Subsequent Environmental Documentation No subsequent environmental documentation is required Mitigation Measures Sepulveda /Rosecrans Site Rezoning M 5 -1 The applicant must consult with SCE during the design process of the proposed Sepulveda /Rosecrans Site Rezoning project regarding potential energy conservation measures for the project Examples of such energy conservation measures include Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -49 Final Environmental Impact Report 1 v City of El Segundo February 2005 • Design windows (i e , tinting, double pane glass, etc ) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather • Install thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards • Install high - efficiency lamps for all internal streetlights and outdoor security lighting • Time control interior and exterior lighting These systems must be programmed to account for variations in seasonal daylight times • Finish exterior walls with light- colored materials and high- emissivity characteristics to reduce cooling loads Finish interior walls with light- colored materials to reflect more light and thus increase lighting efficiency Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division, Southern California Edison (SCE) Monitoring Agency: Planning Division, Building Safety Division M 5 -2 All on -site electrical lines must be placed underground, except for high voltage transmission lines located along Rosecrans Avenue Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department, SCE Monitoring Agency: Building Safety Division, Public Works Department M 5 -3 Electrical transformers must be screened from view from the public right -of -way Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Sepulveda / Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -50 � Final Environmental Impact Report City of El Segundo February 2005 Plaza El Segundo Development M 5 -4 The applicant must consult with SCE during the design process of the proposed Plaza El Segundo Development regarding potential energy conservation measures for the project Examples of such energy conservation measures include • Design windows (e g , tinting, double pane glass, etc ) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather • Install thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards • Install high - efficiency lamps for all internal streetlights and outdoor security lighting • Time control interior and exterior lighting These systems must be programmed to account for variations in seasonal daylight times • Finish exterior walls with light- colored materials and high emissivity characteristics to reduce cooling loads Finish interior walls with light- colored materials to reflect more light and thus increase lighting efficiency Monitoring Phase: Pre - construction, Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division, SCE Monitoring Agency: Planning Division, Building Safety Division M 5 -5 All on -site electrical lines must be placed underground, except for high voltage transmission lines located along Rosecrans Avenue Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Building Safety Division, Public Works Department, SCE Monitoring Agency: Building Safety Division, Public Works Department M 5-6 Electrical transformers must be screened from view from the public right -of -way Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division Sepulveda / Rosecrans Site Rezoning and Plaza IX. Mitigation Monitoring and Reporting Program El Segundo Development Page IX -51 Final Environmental Impact Report City of El Segundo February 2005 Monitoring Agency: Planning Division XIII. CULTURAL RESOURCES Subsequent Environmental Documentation Subsequent environmental documentation shall be prepared for development projects proposed to be constructed on the Sepulveda /Rosecrans Rezoning Site The subsequent environmental documentation shall include the following. N -1 A records search and /or Phase I Archaeological Survey must be conducted by a qualified archaeologist prior to the start of construction activities (including grading) for any development on the Sepulveda /Rosecrans Rezoning Site If the survey identifies resources within the construction area, follow on studies shall be conducted in accordance with the recommendations of the records search prior to commencement of construction N -2 Further analysis of Cultural Resource 19- 186856 is required, that meets the requirements of CEQA Guidelines Section 15064 5(a)(2), to determine potential eligibility for the California or National Register of Historic Places prior to any construction activities occurring on the H Kramer portion of the Sepulveda /Rosecrans Rezoning Site If further analysis identifies that the resource is eligible, then the recommendations identified in that analysis shall be followed Mitigation Measures Sepulveda /Rosecrans Site Rezoning N -1 A records search and /or Phase I Archaeological Survey must be conducted by a qualified archaeologist prior to the start of construction activities (including grading) for any development on the Sepulveda /Rosecrans Rezoning Site If the survey identifies resources within the construction area, follow on studies must be conducted in accordance with the recommendations of the records search prior to commencement of construction Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -52 218 Final Environmental Impact Report City of El Segundo February 2005 N -2 Further analysis of Cultural Resource 19- 186856, that meets the requirements of CEQA Guidelines Section 15064 5(a)(2), is required to determine potential eligibility for the California or National Register of Historic Places prior to any construction activities occurring on the H Kramer portion of the Sepulveda /Rosecrans Rezoning Site If further analysis identifies that the resource is eligible, then the recommendations identified in that analysis must be followed and measures identified to reduce impacts to less than significant levels Monitoring Phase: Pre - construction Implementation Party: Applicant Enforcement Agency: Planning Division Monitoring Agency: Planning Division N -3 In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease in these areas until the resources are properly assessed and subsequent recommendations are determined by a qualified archaeologist /paleontologist Monitoring Phase: Implementation Party: Enforcement Agency: Monitoring Agency: Plaza El Segundo Development Construction Applicant Planning Division, Building Safety Division Planning Division, Building Safety Division N -4 In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease in these areas until the resources are properly assessed and subsequent recommendations are determined by a qualified archaeologist/paleontologist Monitoring Phase: Construction Implementation Party: Applicant Enforcement Agency: Planning Division, Building Safety Division Monitoring Agency: Planning Division, Building Safety Division P \Planting & Building Safety\PROJECTS \626- 650 \EA - 631 \Council Agenda Packet \2 -15 -05 hearing \EA -631 reso cc Exhibit B MMRP doe Sepulveda /Rosecrans Site Rezoning and Plaza IX Mitigation Monitoring and Reporting Program El Segundo Development Page IX -53 ry Final Environmental Impact Report �.1 , CITY COUNCIL RESOLUTION NO. EXHIBIT C 3 Land Use Element Commercial Neighborhood Commercial Designations Permits neighborhood - serving retail, neighborhood - serving office, and limited residential on a single floor above the commercial ground floor Residential uses are limited to a maximum density of 10 dwelling units per acre. This designation is intended to provide integrated neighborhood - serving commercial areas adjacent to the residential neighborhoods The maximum floor area ratio (FAR) is 0 5 Downtown Commercial Permits community serving retail, community serving office, and residential on the floor above street level only if commercial is on the street level Residential uses are limited to a maximum density of 10 dwelling units per acre This designation is intended to provide an integrated community serving commercial area downtown. The maximum floor area ratio (FAR) allowed is 10 General Commercial Permits all retail uses, including hotel uses, and mayor medical facilities, at a maximum floor area ratio (FAR) of 10 Office uses are not permitted except for those providing personal services not exceeding 5,000 square feet such as travel and insurance agents Corporate Office Permits a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevards with a discretionary application. The maximum allowed floor area ratio (FAR) is 0 8. A maximum FAR of 1 086 is permitted for the property commonly referred to as 888 North Sepulveda Boulevard (Assessor's Parcel Number 4138 - 005 -055), pursuant to Development Agreement No 00 -2 A maximum FAR of 196 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138- 007 -043) (Reso 4361, GPA 03 -3, 2/3/04, Ord 1331, GPA 00 -2, 3/20/01) Commercial Center Permits a mixture of community - serving retail, restaurants and other commercial service uses in an integrated shopping center design This designation is intended to serve a broad cross section of the Cif surioundmg aiea The maximum floor area ratio (FAR) is limited to 0 2751 (Reso GPA 03 -4, GPA 03 -5, / / ) Smoky Hollow Mixed -Use Permits primarily light industrial uses including light manufacturing, research and development, warehousing, and office uses The maximum floor area ratio (FAR) for newly constructed projects is 0 6 T H E C I n Y O F EL S E G U N D O • G E N E R A L P L A N 3 -7 CITY COUNCIL RESOLUTION NO. EXHIBIT C 3 Land Use Element designation allows retail and hotel uses The site along El Segundo Boulevard, east of Aviation Boulevard (3 8 ac), as well as the site at the northeast corner of Sepulveda Boulevard and Manposa Avenue (3 2 ac) are already in commercial use The site on the southeast corner of Sepulveda Boulevard and Manposa Avenue (7 1 ac) is currently vacant, except for an existing bank building. The site at the southeast corner of Sepulveda Boulevard and Imperial Avenue (7 3 ac) is currently used for office, but the land use designation of General Commercial would allow recycling of the site to a commercial use The area bounded by Nash Street, Maple Avenue, Lairport Street, and Imperial Avenue is designated as light industrial, which is consistent with the uses currently operating in that area, primarily the Hughes facility (50 4 ac) The area bounded generally by Aviation Boulevard, El Segundo Boulevard, and Douglas Street is currently a U S Government Air Force Base (48 5 ac), which is expected to remain for the life of the Plan The Federal Government designation placed on this area will allow the types of uses that are existing The narrow parcel near the northwest intersection of El Segundo Boulevard and Aviation Boulevard (3 93 ac), between El Segundo Boulevard and 124th Street, is a Specific Plan area ( "A124th Street Specific Plan") which encourages primarily warehousing and storage uses, however, a City Water Facility may also be developed on the site (Ord 1309, GPA 99 -1, 8/17/99) Southeast Quadrant The majority of the southeast quadrant is designated light industrial 356 1343 --9 ac) This category allows for a mixture of light industrial and office uses, similar to what is now existing in some of the business parks between Douglas Street and Aviation Boulevard The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as Urban Mixed -Use South, allowing a mixture of office, hotel, and retail uses This area totals 70 6 acres The northeast corner of Rosecrans Avenue and Sepulveda - Boulevard (85 8848 ac), eurfen l• ae ,. ied b A ,. P feduets and A n, ,a !'heni.,...1 is designated Commeicial Centel, allowmg a mixture of retail office and food- ser\,lce usesare designated for hea y industrial, There is a small commercial piece (0 9 ac) along Sepulveda Boulevard, just south of El Segundo Boulevard (Ord _42-7-2, GPA 03W -4-1, GPA 03 -5. The remaining land in the southeast quadrant is designated as public T 1 1 E C I T Y O F EL S E G U N D O • G E N E R A L P L A N 3.13 221 CITY COUNCIL RESOLUTION NO. Page 1 of 1 EXHIBIT "D" 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Units Square Footage Single- Family Residential 357 2 21858 - -- Two- Family Residential 574 934 - -- Planned Residential 5 7 65 - -- Multi -Family Residential 1197 3,389 - -- Neighborhood Commercial 7 1 85 * 100,000 Downtown Commercial 88 18 * 383,328 General Commercial 443 1,930,000 Corporate Office 211 2 - -- 12,351,000 Commercial Center 85 8 850,000 Smoky Hollow 94 1 268 2,019,454 Urban Mixed -Use North 2325 - -- 13,166,010 Urban Mixed -Use South 706 - -- 3,997,936 124th Street Specific Plan 39 1 73,530 Aviation Specific Plan 54 - -- 66,000 Downtown Specific Plan 25 8 232 * 1,123,848 Corporate Campus Specific Plan 465 - -- 2,550,000 Parking 118 - -- - -- Light Industrial 356 1 - -- 18,529,000 Heavy Industrial 1001 0 1986 8 - -- - -- ** Public Facilities 879 - -- - -- Federal Government 906 - -- - -- Open Space 793 — -- Parks 500 - -- - -- Street & Railroad R O W 4426 - -- - -- Totals 3,494.3 1 7,850 56.765.106 Sli nT ,tub Population Projection 17,287 Existing construction and recently constructed, renovated commercial centers and legal nonfonforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan ** The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison Generation Station, A* nese racilaies nave processing equipment and tanks ratner man buildings and are expected to remain for the life of the Plan Therefore, no estimated building square footage is shown Source City of El Segundo Planning Department and The Lightfoot Planning Group Amendments Ord 1209 1112193, Ord 1244, 216196, Ord 1272, 6117197 Ord 1279, 1017197, Ord 1309, 8117199 Ord 1314, 1217199, Ord 1309, 8/17/99, Ord 1314 12/7/99, Ord 1319, 8/112000, Ord 1345, 1/2102, Ord _ I CITY OF EL SEGUNDO * GENERAL PLAN I rai F'ian exhibit Summary of Existing Trends Buildout LU -3 ,, y ME 0 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. _ Exhibit "C" CONDITIONS OF APPROVAL The following conditions shall be binding upon Mar Ventures, Inc, the property owner(s) and their successors in interest, including without limitation occupants of the property The following conditions for the City of El Segundo's approval of Environmental Assessment No 631, ( "Protect shall be fully complied with as set forth below All mitigation measures in the Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development protect are incorporated by this reference into these conditions of approval DEFINITIONS 2 Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions A "P,B S Director" means the City of El Segundo Director of Planning and Building Safety, or designee B "EIR" means the Final Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH No 2003121037), El Segundo, California C "ESMC" means the El Segundo Municipal Code D "Project Area" refers to each of the 20 developable lots on the Plaza El Segundo development Protect Site as shown on Vesting Tentative Tract Map No 061630 which comprise the Project Site E "Protect Site" refers to the 43 3 -acre site generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue F "Sepulveda /Rosecrans Rezoning Site" refers to the approximately 110 acres generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code Amendment that is being considered concurrently with the land use entitlements for the Protect Area and the Project Site G Except as otherwise specified in these Conditions of Approval, conditions must be satisfied before the issuance of a Building Permit for each building within the Protect Area AESTHETICS Lighting 3 Before the issuance of the first Building Permit in the Project Area, the applicant must submit a Lighting Master Plan for the Project Area for the review and approval of the P B S Director and the Police Chief A Lighting Plan (construction drawings) and Photometric 2214" 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Study, consistent with the Lighting Master Plan must be reviewed and approved by the P B S Director and the Police Department before the issuance of each Building Permit and must be installed before the issuance of each Certificate of Occupancy in the Project Area The Lighting Plan and Photometric Study must demonstrate that the proposed project allows minimum off -site illumination but still complies with Police Department safety requirements The Lighting Master Plan must include, without limitation A Specific details for Foot - candle intensity, B Specific lighting detail for parking areas and structures, pedestrian walkways, and access ways in and around buildings, C On -site light fixtures that have been designed to direct the light downward and internal to the proposed protect site to minimize off -site illumination, D Specific detail regarding the location, type and height of lighting devices, E Specific detail to illustrate compliance with the ESMC, and, F Weather and vandal resistant covers on lighting fixtures 4 Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P B S Director and the Police Chief that outdoor lighting design has been installed in compliance with the approved Lighting Master Plan for the budding that is the subject of the Certificate of Occupancy Materials and Design 5 Before the issuance of the first Budding Permit in the Project Area, the applicant must submit Final Working Drawings to the P B S Director for design review The applicant must provide a Budding Materials Sample Board of the materials, colors, and elevation drawings to be utilized to the P B S Director for review and approval The design review must include, without limitation, the following design guidelines A All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design, B Exterior budding materials must be compatible with developments in the vicinity, C At least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) must be used throughout the Plaza El Segundo project, D The buildings must have contrasting accent features Building materials must be of non - reflective coatings and glazings, E The plans must demonstrate substantial compliance with plans and conditions approved and on file with the Planning and Budding Safety Department Any subsequent modification to the protect as approved must be referred to the P B S Director for a q2- 12/15/04 2 ti CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL determination regarding the need for Planning Commission review of the proposed modification in accordance with the provisions of the Development Agreement, F All buildings must be in accordance with the Project Site's Conditions, Covenants and Restrictions (CC &R's), G All buildings must utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation, H All roof - mounted mechanical equipment and communications devices must be hidden behind building parapets or screens to screen these devices from off -site ground level view, I Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with adjacent buildings, J Service, storage, maintenance, utilities, loading, and refuse collection and other similar areas must be located out of the view of public roadways and buildings and screened by dense landscaping and solid walls, unless the PBS Director determines such is not practicable No chain link fences may be used for such screening, K Walls along the north property boundary of the Project Site and walls used to screen service and storage areas must be of the same materials, colors, and finishes as adjacent buildings or compatible finishes and colors, L A six -foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way and along the northern property line of Lot 19 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way A six -foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right -of- way with screening of the right -of -way with the use of landscaping, including, without limitation, vines, hedges and /or trees to the satisfaction of the P B S Director, M Chain -link fences are not permitted, except as described above, and as temporary construction fencing, N Budding design will meet the City's standards for the attenuation of interior noise, O All service areas must be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation, P No loading will be permitted directly from public streets, except in designated areas as approved by City P B S Director, Q All on -site utility systems including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground, 12115104 3 �� �� CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL R No Certificate of Occupancy may be issued unless there is substantial compliance with the aforementioned development standards and, S The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right -of -way to buildings H through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda Boulevard right -of -way to Budding No 2, and any other budding that may developed that is set back more than 200 feet from a public right -of -way, subject to the review and approval of the P B S Director Landscaaino and Irrioation 6 Before the issuance of the first Building Permit in the Project Area, the applicant must submit a Master Landscape and Irrigation Plan for the Project Area The Master Landscape and Irrigation Plan must be reviewed and approved by the City P B S Director, the Director of Recreation and Parks, and the Police Chief Landscaping for each building in the Project Area must be installed in accordance with the approved Master Landscape and Irrigation Plan before the issuance of each Certificate of Occupancy The Master Landscape and Irrigation Plan must include, without limitation, the following A All landscaped areas must be provided with a permanent automatic watering or irrigation system, B All on -site landscaped areas must be maintained by the owner in a neat and clean manner at all times, C All landscaped areas must be designed to ensure efficient access to fire hydrants, D Dual plumbing must be installed for reclaimed water irrigation, E All landscaped areas must be irrigated with reclaimed water to the extent reclaimed water is available for use in the Project Area Until such time as reclaimed water is made available, potable water may be utilized for irrigation, F All landscaping and irrigation must comply with the City's Water Conservation regulations and Zoning Code requirements, G All landscaping must be designed to enhance site security in accordance with Police Department policies, H All public rights -of -way abutting the site must be landscaped, I Landscaping that includes trees, vines, and or hedges must be incorporated along property line walls and fences for screening purposes J All landscaped areas must include a majority of mature landscaping, including trees that are a minimum 24 -inch box size, and, K Landscaping must be installed along property perimeters and evenly distributed throughout the employee /customer parking areas i_2 12/15/04 4 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 7 Before the issuance of the first Building Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan (i a construction drawings), consistent with the Master Landscaping Plan, to the P B S Director, Director of Recreation and Parks, and the Police Chief for review and approval The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments 8 Where feasible (as determined by the P B S Director), the applicant must comply with the City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for Water Conservation in Landscaping Before the issuance of each Building Permit in the Project Area, the applicant's Landscape Plans must be submitted to the P B S Director for review and approval Sim 9 Before the issuance of the first Building Permit in the Project Area, the applicant must submit to the P B S Director for review and approval an overall Master Sign Program for the Project Area Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the P B S Director Before the issuance of a Certificate of Occupancy, signs must be installed in accordance with the approved Master Sign Program The overall Master Sign Program must include, without limitation A Compliance with the ESMC, B Not withstanding any other provisions in the ESMC, a maximum of three freestanding or pole signs with a maximum height of 35 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area, C Not withstanding any other provisions in the ESMC, a maximum of two freestanding or pole signs with a maximum height of 25 feet are permitted along the Park Place street frontages of the Project Area, D Not withstanding any other provisions in the ESMC, a maximum of two freestanding or pole signs with a maximum height of 25 feet are permitted along the Allied Way street frontages of the Project Area, E Not withstanding any other provisions in the ESMC, no freestanding or pole signs, except as described in Condition No 10 below, are permitted along the Rosecrans Avenue frontage of the Project Area, F All signs must be architecturally compatible with the proposed buildings, G All signs must be compatible with the aesthetic objectives of the General Plan, and, H No sign must impede traffic or pedestrian safety 028 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 10 Before the issuance of a Certificate of Occupancy for the first building in the Protect Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City The sign is subject to review and approval by the P B S Director The sign should be compatible with the design of the Master Sign Program for the Plaza El Segundo development protect AIR QUALITY 11 During grading and construction, dust control measures must be required in accordance with the City's Dust Control Ordinance (Chapter 7 -3 of the ESMC) Grading must be discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15 miles per hour All hauling trucks must have loads covered or wetted and loaded below the sideboards to minimize dust 12 The South Coast Air Quality Management District (SCAQMD) has promulgated rules and applicable standards including, without limitation, the following Rule 402 - Nuisances, Rule 403 - Fugitive Dust, and Rule 2202 - On -Road Motor Vehicle Mitigation Options The applicant must use best management practices in compliance with Rule 402 during the operation of construction equipment Construction activities must be limited between the hours of 7 A M to 6 P M , Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the P B S Director During the construction phase, all unpaved construction areas must be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles must be used to reduce dust emissions by as much as 50 percent The applicant must ensure that all materials transported off -site will be either sufficiently watered or securely covered in compliance with Rule 403 Resultant peak daily exhaust emissions from diesel- and gasoline- powered construction equipment must be monitored to control emission levels that exceed SCAQMD screening thresholds During construction, trucks and vehicles in loading or unloading queues must keep their engines off, when not in use, to reduce vehicle emissions Construction activities must be phased and scheduled to avoid emission peaks, and construction must be discontinued during first- and second -stage smog alerts On -site vehicle speed during construction must be limited to 15 mph Before issuance of a Grading Permit for each Protect Area, the applicant must provide a Construction Management Plan to the P B S Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase Daily records of construction hours and activities must be maintained by the applicant throughout the construction phase ENERGY 13 Before the issuance of a Building Permit in the Protect Area, the applicant must provide an Energy Conservation Plan to the P B S Director for review and approval The Energy Conservation Plan must incorporate energy conservation features in accordance with the requirements of the City and State Before the issuance of each Certification of Occupancy, the applicant must provide evidence to the P B S Director that the approved energy conservation features have been installed and will be maintained 14 If a substation will be constructed, the Applicant must develop plans, protected loads, and a master plan for scheduling to the satisfaction of Southern California Edison, FIRE 12/15/04 6 CITY COUNCIL RESOLUTION No. ` Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 15 Before the issuance of a Building Permit in the Project Area, the applicant must provide Fire Life Safety Plans to the P B S Director and the Fire Chief for review and approval, which include, without limitation, the following* A Fire lanes, B Fire lane signing, C Fire lane access easements or other recorded documents to the reasonable satisfaction of the City Attorney, D Fire lane accessibility, E Gas detection systems, F Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute, calculated at 20 psi, G Sprinklers within structures, H Underground looped fire mains, sprinklers, fire pumps, and fire alarms, I Emergency generators, J Any above ground or underground storage tanks including elevator sumps and condensation tanks, K Documentation that the on -site fire mains will be maintained, and, L Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to the Fire Department that the development complies with the Fire Life Safety Plan, and that any required easements were properly dedicated and recorded 16 Before the issuance of a Building Permit in the Project Area, the applicant must develop and submit an Evacuation Plan and Procedures for review and approval by the Fire Department Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P B S Director, and the Fire Department that the approved Evacuation Plan and procedures were implemented or are operational as appropriate 17 Before the issuance of a Grading or Building Permits in the Project Area, the applicant must provide a Construction Safety Plan to the P B S Director and Fire Department for review and approval The Construction Safety Plan must document construction and staff training procedures to ensure that best management practices during project grading and construction will be utilized The Construction Safety Plan must identify an awareness program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation Compliance with this measure must be verified by the P B S Director before permit issuance 4-Jii 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 18 Before the issuance of each Budding Permit in the Project Area, all hydrants determined necessary by the Fire Department and the P B S Director must be installed in accordance with approved plans and specifications Fire hydrants must be spaced no greater than 300 feet apart One private hydrant must be provided for each structure and each structure must be spnnklered in accordance with the California Building Code (CBC) and the National Fire Code(NFC) 19 Before the issuance of a Certificate of Occupancy for each building, the applicant must pay a Fire Service Mitigation Fee based upon the applicable Fire Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 14 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of a Certificate of Occupancy for each budding GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE) 20 Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must prepare and submit a Grading Plan for review and approval by the P B S Director and the Director of Public Works The Grading Plan must include, without limitation A The Grading Plan must demonstrate compliance with applicable provisions of the ESMC and City policies and requirements, B The Grading Plan must show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities, C Grading depths must not encroach upon or damage the existing sewer lines on the property, D Haul routes for import/export trucks and other heavy construction related vehicles must be approved by the Director of Public Works, E No haul routes may travel through the City of Manhattan Beach during A M or P M peak hours, F All grading must be accomplished in accordance with the recommendations of a independent Geotechmcal and Geological Report to be submitted by the applicant and reviewed and approved by the City, G The Grading Plan must detail where special restrictions apply due to soil contamination, if applicable, H Additional information, as required through the plan check process, must be included as appropriate, I Final grading activities must be coordinated with the City Engineer at the time the Grading Permit is issued, and, J Compliance with the above measures must be verified by the P B S Director before issuance of each Certificate of Occupancy J2JI 12/15/04 8 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL HAZARDS 21 Before the issuance of a Grading Permit for the Protect Area or a portion thereof, the applicant must submit documentation from the Los Angeles Regional Water Quality Control Board ( "LARWQCB ") evidencing approval of completion of the Interim Remediation Measures and approval of the Final Remedial Action Plan for the Project Area for the area covered by the Grading Permit 22 The applicant must comply with any permit requirements imposed by the LARWQCB and /or the Department of Toxic Substances Control ( "DTSC "), or any other applicable regulatory agency related to development and /or grading on the site 23 Before the issuance of a Grading Permit, the applicant must provide any appropriate hazardous materials safety training for all City employees needed to implement the project If required, the training must be related specifically to safety issues that may arise during site grading and construction due to the soil contamination that may exist in the site All training must be completed to the reasonable satisfaction of the P B S Director, and the Fire Chief NOISE 24 During the construction phase of the project, activities will be allowed between the hours of 7 A M to 6 P M , Monday through Saturday, and prohibited at any time on Sundays and federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the P B S Director Compliance for the operations phase will meet with the placement, screening, and maintenance standards for all external mechanical equipment The proposed project must be designed to ensure that noise generated by the proposed project operations does not exceed the City's noise standards, as established by the ESMC, for on- site or off -site receptors A noise monitor must be designated according to the relevant codes Before issuance of a Grading Permit for each Project Area, the City must designate a Noise Ordinance ComplianceNerification Monitor Before the issuance of a Budding Permit for each Project Area, the applicant's Final Working Drawings must be submitted to the P B S Director for review and approval relative to compliance with the City's Noise Ordinance POLICE /SAFETY 25 Before the issuance of the first Building Permit, the applicant must submit an overall Security and Crime Prevention Plan, to the P B S Director and the Police Department for review and approval, which must address, without limitation, the following A Lighting, B Addressing (minimum height of 4" to 24 "), C Telephones, D Trash dumpsters (including space for recyclable materials), 0.iG 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL E Indoor and outdoor security cameras installed at strategic locations, including employee and other vehicle parking areas, F Parking lots and structures, G Fences, walls, H Security hardware, I Office, J On -site security personnel, K Locker rooms, L An Evacuation Plan and Procedures, M The employment of security personnel who will monitor and patrol the proposed Project Site, including employee and other vehicle parking areas, and coordinate with public safety officials, N The installation of lighting in entryways, elevators, lobbies, and parking areas designed to eliminate potential areas of concealment, O A diagram of the proposed project, which will include access routes, and any information that might facilitate emergency response, P Compliance with all applicable items on Police Department checklist memo dated April 12, 2004, attached as Exhibit F- 1/C -1, with the exception that parking is permitted on the north side of the Project Area between the main row of buildings and the northern property line, and, Q All Security and Crime Prevention Plan measures must be installed in conformance with the approved plans and must be operational before the issuance of a Certificate of Occupancy 26 Before issuance of the first building permits, the applicant must submit a photometric light study to the Police Department for review and approval 27 Before the issuance of a Certificate of Occupancy for each building, the applicant must pay a Police Service Mitigation Fee based upon the applicable Police Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 11 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of a Certificate of Occupancy for each building PROJECT DESCRIPTION Plans 12/15/04 10 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 28 The City of El Segundo requires development project applicants to prepare and submit Final Working Drawings for review and approval The applicant must provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval The Final Working Drawings must indicate proposed uses, building sizes and heights, and the specific location of structures, loading docks, staging areas, parking layout, landscaped areas and recreational amenities The Final Working Drawings must include vehicular, pedestrian and bicycle access, on- and off -site circulation, and linkage to other key elements in the site vicinity, including the MTA Green Line The Final Working Drawings must indicate building materials and architectural design elements that will be utilized in the construction of the proposed structures The Final Working Drawings must include information on security lighting and hardware and other detail required for compliance with the City's security, safety and crime prevention standards The Final Working Drawings must demonstrate compliance with the California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code, California Sign Code, and California Electrical Code, and approved Fire Life Safety Systems In addition, the Final Working Drawings must clearly indicate the location of all entrances and exits, including emergency vehicle access All parcel buildings and structures must be located in proximity to the proposed parcel lines such that they meet all requirements for exterior wall and opening protection Additional information, as required through the plan check process, must be included as appropriate Before the issuance of a Building Permit for the Project Area, the applicant must coordinate with all applicable City and applicable County agencies to prepare and submit Final Working Drawings to be approved by the P B S Director, the Department of Public Works, the Fire Department and the Police Department Before the issuance of a Certificate of Occupancy for each budding, the applicant must provide evidence to the P B S Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met 29 The Plaza El Segundo development project is allowed to develop up to a maximum of 425,000 square feet consisting of a combination of uses as permitted by the C -4 Zone and as limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the project as a whole is not exceeded 30 The maximum project size may be reduced as determined by the vehicle trip generation for each use The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips MAXIMUM PERMITTED TRIPS AM PM Daily Saturday Midday Sepulveda /Rosecrans Site Rezoning 1,167 2,657 28,334 3,515 Plaza El Segundo Development Project 915 1,790 19,151 2,344 The trip generation for each use and building must be determined using the rates identified below, adjusted for internal capture and pass by discount rate consistent with the traffic study for EA No 631 12/15/04 11 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Shopping Center (per 1,000 sf ) — LU 820 Daily Ln(T) = 0 65 Ln(A) + 5 83 AM Peak Hour Ln(T) = 0 60 Ln(A) + 2 29, I/B =61 %, 0/13=39% PM Peak Hour Ln(T) = 0 66 Ln(A) + 3 40, I/B =48 %, O/B =52% Saturday Ln(T) = 0 65 Ln(A) + 3 77, I/B =52 %, O/B =48% Grocery Store (per 1,000 sf) — LU 850 Daily T = 66 95(A) + 1391 56 AM Peak Hour Ln(T) = 1 70 Ln(A) — 1 42, I/B =61 %, O/B =39% PM Peak Hour Ln(T) = 0 79 Ln(A) + 3 20, I/B =51 %, O/B =49% Saturday Ln(T) = 0 74 Ln(A) + 3 47, I/B =51 1, O/B =49% Free Standing Discount Store (per 1,000 sf) — LU 815 Daily T = 56 02(A) AM Peak Hour T = 0 84 (A), I/B =68 %, O/B =32% PM Peak Hour T = 5 06 A), I/B =50 %, O/B =50% Saturday T = 7 58 (A), I/B =51 %, O/B =49% Electronics Superstore (per 1,000 sf) — LU 863 Daily T = 45 04 (A) AM Peak Hour T = 3 46 (A), I/B =53 %, O/B =47% PM Peak Hour T = 4 50 (A), I/B =49 %, O/B =51 % Saturday [N/A]* Health Club (per 1,000 sf) — LU 493 Daily T = 43 0 (A) AM Peak Hour* T = 3 06 (A), I/B =58 %, O/B =42% PM Peak Hour T = 5 76 (A), I/B =63 %, O/B =37% Saturday [N /A]* Fast -food Restaurant with Drive- Through Window (per 1,000 sf) — LU 934 Daily T = 496 12 (A) AM Peak Hour T = 53 11 (A), I/B =51 %, O/B =49% PM Peak Hour T = 34 64 (A), I/B =52 %, O/B =48% Saturday T = 59 20 (A), I/B =51 %, O/B =49% High- Turnover (Sit -Down) Restaurant (per 1,000 sf) — LU 932 Daily T = 127 15 (A) AM Peak Hour T = 11 52 (A), I/B =52 %, O/B =48% PM Peak Hour T = 10 92 (A), I/B =61 %, O/B =39% Saturday T = 20 00 (A), I/B =63 %, O/B =37% T = trip ends A = building area in 1,000's of square feet I/B = inbound percentages LU = ITE land use code O/B = outbound percentages Sources Trip Generation, 7th Edition, Institute of Transportation Engineers, 2003 * Saturday information unavailable — PM Peak hour utilized 31 The City of El Segundo requires development project applicants to prepare and submit a Construction Management Plan for each Project Area for review and approval by the P B S Director and Director of Public Works The Construction Management Plan must consider all stages of construction, including grading, dirt hauling, employee travel, materials delivery, r� 12/15/04 12 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL etc The Construction Management Plan is also required for review and approval by the P B S Director and Department of Public Works for the installation of any utilities, including telecommunication utilities, in the public right -of -way Such a plan must include, without limitation, traffic control measures for any lane closures The Construction Management Plan must identify the types and approximate number of construction vehicles to be utilized and must provide haul routes, staging area information and needed road or lane closures The plan must include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking /access plan (including truck haul routes), construction methods and schedules No haul routes are permitted through the City of Manhattan Beach during A M and P M peak hours All staging areas must be on -site During construction, the areas of construction must be enclosed by a six - foot high chain link fence, except those areas that have additional fencing requirements Gates of site fencing must be located at driveways and must not open over sidewalk /public right -of -way During construction, trash must be removed from the Project Site regularly and promptly At the end of each construction day, all open trenches must be completely closed or covered, or secured in accordance with Cal OSHA standards All gates and access points to the construction area must be locked and /or fully secured at the end of construction each day The applicant must provide a twenty -four hour, every day contact person /liaison to receive and respond to complaints during construction 32 Before the issuance of a Grading or Building Permit for the Project Area, the applicant must provide evidence to the P B S Director that grading or any construction on property or within easements not owned or controlled by the applicant has been approved by the property owner or easement holder Separate Grading and /or Budding Permit(s) must be obtained by the applicant with the easement holder as co- applicant, if needed 33 Before the issuance of a Building Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A C ) pavement, that must be constructed /reconstructed in the public right -of -way for any missing public segments /areas on the perimeter of the Project Site, as reasonably required by the Director of Public Works Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk Before issuance of a Certificate of Occupancy for the budding that is the subject of the Building Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works DEDICATIONS AND FEES 34 The applicant must dedicate approximately 3 47 -acres of the "Project Site" to the City for the construction of the extensions of Park Place and Allied Way, as required in Development Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication shall occur through and upon recordation of the Final Map 35 The applicant must dedicate approximately 0 50 -acres of the "Project Site" to the city for roadway widening along the east side of Sepulveda Boulevard, as required in Development Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication shall occur through and upon recordation of the Final Map 231 12/15/04 13 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 36 Before the issuance of a Certificate of Occupancy Permit for each budding, the applicant must pay a Library Service Mitigation Fee based on the applicable Library Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 03 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of each Certificate of Occupancy for each building 37 The applicant may modify the location of the parcel boundaries as approved on Vesting Tentative Tract Map No 061630, consistent with the development standards in the C -4 Zone to accommodate the size and location of the individual buildings, before recordation of Final Tract Map No 061630, provided a maximum of 20 parcels are created 38 Before the recording of the Final Map, the applicant must record a lot tie covenant if any buildings are to be constructed across existing lot lines or if any building location does not meet the development standards of the Commercial Center (C -4) Zone due to the location of the existing lot lines No Certificates of Occupancy shall be granted for any use or structure until the recording of the Final Map Accordingly, construction that proceeds before the recording of the Final Map is done at the Developer's risk that a Certificate of Occupancy will not be issued 39 After the recording of the Final Map, the applicant must submit a Lot Line Adjustment application, if necessary, to realign any parcels to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC 40 The applicant must maintain all existing easements on the site if the easement is still required by its grantee 41 The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right -of -way Such agreements must be recorded before issuance of any Certificate of Occupancy for a budding on an affected parcel 42 Before the issuance of a Rough Grading Permit for the Project Area, the applicant must provide funds in trust to the P B S Director to cover the reasonable costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures associated with rough grading Before the issuance of a Final Grading Permit, the applicant must provide funds in trust to the P B S Director to cover the first year costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures, not associated with rough grading Costs may include, without limitation, costs for traffic reviews, stormwater review, biological resource monitoring, soil remediation review, and review of easements, dedications and other agreements Costs that would be associated with rough grading do not include costs for traffic reviews and review of easements and dedications Annually thereafter, the applicant must replenish funds as deemed necessary by the P B S Director to cover the reasonable costs, including City consultants' costs for each year The P B S Director, at his discretion, may hire a consultant to coordinate and monitor compliance, 43 Before the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as the case may be, the applicant must provide evidence to the P B S Director that all adopted 4. # 12/15104 14 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL mitigation measures have been or will be implemented pursuant to the project's mitigation monitoring plan Compliance with this measure must be verified by the P B S Director CONSTRUCTION REQUIREMENTS 44 All work within the City public right -of -way must be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications No work must be performed in the public right -of -way without first obtaining a Public Works Encroachment Permit 45 Before the issuance of a Grading or Building Permit for the Project Area, the applicant must provide evidence to the reasonable satisfaction of the P B S Director that all applicable permits from other agencies have been obtained including, without limitation, LARWQCB, Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N P D E S) Permit, South Coast Air Quality Management District, and Los Angeles County Department of Public Works 46 Following the receipt of all requisite permits, the applicant must notify the P B S Director of the date that construction will commence 47 At such time deemed necessary by the P B S Director, the applicant must provide an on- site inspection office trailer for the use of City inspection personnel STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY) 48 The Los Angeles Regional Water Quality Control Board has promulgated rules and standards including, without limitation, obtaining an NPDES Permit and regulations related to underground and above ground storage tanks The applicant's compliance with LARWQCB will ensure compliance with the applicable sections of the California Water Code (Section 13260), the Clean Water Act, and the Porter - Cologne Water Quality Control Act The applicant must ensure that any on -site tanks for use in the storage of fuels, wasted oil, solvents or other chemicals, which are located either above ground or underground, must be placed, constructed and maintained in accordance with the requirements of the LARWQCB 49 The applicant must adhere to any relevant requirements of the LARWQCB regarding development of the site The applicant must prepare a Storm Water Pollution Prevention Plan ( SWPPP) which will demonstrate best management practices relevant to compliance with LARWQCB requirements and the California General Construction Permit Before the issuance of a Grading Permit for the proposed project, the applicant must provide a SWPPP to the LARWQCB, the P B S Director and Fire Department for review and approval relative to compliance with the provisions and requirements of the LARWQCB Before issuance of a Building Permit for each Project Area, the applicant must apply for the appropriate notifications and /or registrations for any on -site storage tanks The applicant must provide a copy to the City of the Notice of Intent required by the LARWCQB 50 Before the issuance of a final Grading Permit and /or Building Permit for each building in the Project Area, the applicant must provide a drainage plan for that portion of the Project Area affected that eliminates pollutants to surface runoff as required by NPDES requirements The drainage plan must be reviewed and approved by the P B S Director and Director of Public Works Before the issuance of a Certificate of Occupancy for each building, the 2.38 12/15/04 15 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL applicant must demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the P B S Director and Director of Public Works 51 Before the issuance of a Building Permit for the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that pavement on -site must be adequately applied to prevent sod erosion Further, paved areas on -site must be regularly maintained (i e , all cracks repaired and debris removed on a regular basis) to prevent soil erosion The applicant must install improvements pursuant to the approved plans before final sign -off of the Permit Before the issuance of a Grading or Building Permit for each building in the Protect Area, the applicant must provide evidence to the P B S Director and Director of Public Works that on -site drainage must be directed to existing storm drains The applicant must install said improvements per the approved plans before final sign -off of the Permit 52 Before the issuance of any Grading or Building Permit for the Protect Area, the applicant must prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence to the P B S Director and Director of Public Works that the project area that is the subject of the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code) The applicant must install said improvements per the approved plans before final sign -off of the Permit 53 Before the issuance of a Grading or Building Permit for each budding in the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that A Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles Flood Control System have been adequately incorporated into the project design, B On -site catch basins have been designed and constructed to screen out larger matter to prevent flooding of the protect site resulting from debris caught in the drainage canal, C Drainage channels within parking lot and paved areas have been be designed and constructed to direct storm water and /or irrigation run -off to collection basins provided on -site, D On -site drainage and hydrology improvements have been designed in conformance with applicable standards of the City of El Segundo and the Los Angeles County Department of Public Works, including policies in the Public Safety Element of the City's General Plan, The project is in compliance with applicable permit requirements of the Los Angeles County Department of Public Works or Los Angeles County Flood Control District, F On -site drainage and hydrology improvements have been designed using the necessary hydraulic /hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works and, G All on -site development is consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City, and, 239 12/15/04 16 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL H Before the issuance of any subsequent Permit `Final Inspection Approval' for the proposed project, the applicant must provide evidence to the P B S Director and Public Works that all the improvements herein have been constructed in compliance with the appropriate regulations and specifications TRANSPORTATION/CIRCULATION/PARKING 54 If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits /credits associated with development in the City, before the issuance of the first Building Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the P B S Director and Public Works for review and approval The calculations must include only programs which meet all the minimum criteria (e g , density) contained in the CMP Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P B S Director that the proposed project CMP debits /credits related improvements were implemented and balanced on the Project Site in accordance with the approved phasing plan Compliance with this measure must be verified by the P B S Director before permit issuance As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate 55 Before the issuance of a Building Permit for the Project Area, the applicant must provide a Pedestrian Access /Circulation Plan to the P B S Director, Recreation and Parks Director, and Police Chief for review and approval The Plan must identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the project itself, including parking areas, budding entrances, bicycle racks, recreational elements, etc The Plan must reflect a safe movement pattern, which does not significantly conflict with vehicular movement and parking access areas Before the issuance of a Certificate of Occupancy for each Project Area, the applicant must provide evidence to the P B S Director, Recreation and Parks Director, and Police Chief that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan 56 Before the issuance of each Building Permit in the Project Area, the applicant must submit a detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for review and approval by the Director of Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer Alternatively, such a plan may be submitted for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other The Traffic, Circulation and Parking Plan must include, without limitation, the following A An analysis of the estimated traffic generation for the building(s), B Sight distances for each structure and parking area associated with the building(s), C An analysis of the traffic volumes at each driveway or intersection associated with the building(s) in order to determine if any offsite improvements are warranted (i a, deceleration lanes, left -turn pockets, new or modified traffic signals, etc ) that were not analyzed in the EIR due to the approximation of building locations in the EIR, 2_40 12/15/04 17 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL D Any new traffic signals or modifications to existing traffic signals must be subject to the review and approval of the Los Angeles County Department of Public Works The applicant must pay the applicable county costs to provide plan check and inspection services, E The applicant must dedicate any on -site land required to accommodate any required intersection and roadway improvements (e g , deceleration lanes) and the new Park Place and Allied Way roadway extensions through the recording of the Final Map, which may be after budding permit issuance, but must occur before issuance of a Certificate of Occupancy for any budding in the Project Area, F All truck circulation, G Customer /employee parking, H All access points to the project site, which should be aligned with existing driveways and intersections where possible, Off -site circulation improvements, J All median modifications, if necessary, K All dead end aisles eliminated to satisfy City Codes, L All truck turning radii, M The location of required loading spaces, N An analysis that shows the location and the timing of construction of the required parking for the budding or Project Area, O Pedestrian crossing areas of the public roadways must be called out on the plans and appropriately designated, P All parcels and structures must be connected by an accessible route of travel that meets the requirements of Title 24 of the California Budding Code and, Q Final site plan approval for each building(s) must be contingent upon fulfillment of the above traffic design review requirements All Circulation and Parking Plan improvements which require installation must be installed before the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan Compliance with these requirements must be verified by the Director of Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer before the issuance of a Certificate of Occupancy 57 The applicant must install "No Parking" and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department 12/15/04 18 2' 4 1 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 58 The applicant must provide handicap accessible pedestrian walkways, with a minimum five - foot width Any roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right -of -way instead of locating them on private property 59 Before the issuance of the first Budding Permit for the Project Area, the applicant must submit Final Working Drawings to the P B S Director for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM physical requirements have been provided as required by the City All TDM/TSM physical improvements required by City regulations must be installed before the issuance of each Certificate of Occupancy 60 Before the construction of the portion of the Park Place roadway for the proposed project that would intersect Sepulveda Boulevard and any other improvements on Sepulveda Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda Boulevard as set forth in the EIR The alterations to Sepulveda Boulevard must be in accordance with relevant Caltrans Encroachment Permit requirements and conditions and must be shown on the Final Working Drawings The applicant is responsible for the costs of modifications and construction of all the roadway extensions and widemngs that will be dedicated to the City Before the issuance of a "Final Inspection Approval' of the roadway improvements, the applicant must install the intersection improvements The improvements must be reviewed and approved by the City Traffic Engineer, and P B S Director 61 Prior to the issuance of a Certificate of Occupancy for any building constructed north of the Union Pacific /Burlington Northern Santa Fe Railroad right -of -way in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works The applicant must be responsible for the design and construction of the new roadways 62 The applicant must install off -site traffic related mitigation measures as set forth in the EIR and MMRP at the time when amount of building (floor area or vehicle trips) triggers the impact for which the mitigation measure is based, as documented in the required Traffic, Circulation, and Parking Plan 63 Before the issuance of each Building Permit for the Project Area, the applicant must submit a temporary lane closure plan for review and approval by the Director of Public Work, Fire Chief and Police Chief if lane closures will be required during construction for a particular building to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences 64 Driveway entrances must be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area 65 The applicant must coordinate construction lane closures with the Director of Public Works, Police Chief and Fire Chief 12/15/04 19 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 66 Before the issuance of each Certificate of Occupancy for a budding in the Project Area, the applicant must pay a Traffic Impact Mitigation Fee The amount will be based upon the adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy 67 Shower and lockers for employees must be provided in sufficient number, as determined by the P B S Director for each tenant in the Project Area exceeding 50,000 square feet 68 The applicant must submit a Transportation the requirements of Chapter 15 -17 of the Certificate of Occupancy in the Project Area System Management (TSM) Plan, pursuant to ESMC within 90 days of issuance of the first UTILITIES 69 Before the issuance of the first Building Permit for the Project Area, the applicant must provide a Utility Plan to the P B S Director and Public Works for review and approval The Utility Plan must demonstrate that all on -site utilities, including fiber optic utility lines from each building to the public right -of -way, are placed underground The applicant must assume the costs for the relocation of all utilities, without limitation, light poles, electrical vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a Certificate of Occupancy for each building that is the subject of the Building Permit, the applicant must provide evidence to the P B S Director and the Director of Public Works that the approved Utility Plan improvements has been installed and appropriate access provided per the approved plan 70 Before the issuance of the first Building Permit for the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that proposed utility service improvements will be of a quality reasonably acceptable to the P B S Director The developer must encourage and promote a high quality, efficient, and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation, and solid waste disposal equipment and systems Compliance with this measure must be verified by the P B S Director before Building Permit issuance 71 On -site utilities on private property within the project site, including without limitation, storm drains, stormwater detention basins, water and sewer mains, must be owned and maintained by the developer and a connection point to a public main established 72 Before the issuance of a building permit, the applicant must obtain utility easements for the utilities located on private property within the Project Area that cross through adjacent private property and /or utilities that are used or shared by two or more parcels 73 Encroachment Permits for work in the public right -of -way must be obtained from the Engineering Division of the Public Works Department A Grading Permit is also required when import or export of dirt exceeds fifty cubic yards 74 Overload permits are required for dirt and material hauling on City streets 12/15/04 3 20 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 75 No material storage is allowed in the public right -of -way except by Encroachment Permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way, it must be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Director and must be limited to a maximum period of 24 hours 76 Before the issuance of the first Building Permit for the Project Area, the applicant must submit Street and Public Right -of -Way Improvement Plans for review and approval to the Director of Public Works and P B S Director Said plans must include any required dedications and sidewalks in accordance with City standards necessary for the building that is the subject of the Permit Sidewalks are required on both sides of all public streets within the Project Area Before the issuance of a Certificate of Occupancy for each building that is the subject of the Permit, the applicant must dedicate any required right -of -way and install all sidewalks in accordance with plans and specifications approved by the City Alternatively, the applicant may submit Street and Public Right -of -Way Improvement Plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 77 The Los Angeles County Sanitation District requires a Bwldover Permit for construction over its sewer easements The applicant must demonstrate through its Grading Plans in the Project Area that all alterations to final sewer easements, relocation of sewer manholes, and rights of way must be in accordance with relevant Bwldover Permit(s) to allow the construction of the proposed project and other project components over any sewer easements Before the issuance of the affected Grading Permits for the proposed project, the applicant must provide evidence to the P B S Director that any necessary Buldover Permit(s) has been obtained or the easement(s) has been relocated 78 Before issuance of the first building permit the existing sewer laterals that connect to circuit television (CCTV) to determine the serve the project in the Project Area, the applicant must inspect the City sewer mains in the area with closed condition of the existing infrastructure that will 79 If new sewer laterals are required and constructed in the public right -of -way, they must be a minimum of six inches inside diameter Material must be "vitreous clay pipe " Each lateral must have a six -inch clean -out brought to grade at the property line and securely capped A B9 size box must be placed around the clean -out for protection The box must have a cover properly marked with the word "sewer" If in a traffic area, the cover must be traffic approved All elevations of planned sewer connections must be reviewed and approved by the Director of Public Works before starting construction Existing sewer laterals must be plugged at the sewer mainline and capped at the property line Existing six -inch wyes may be reused if approved by the Director of Public Works Any required sewer laterals must be installed before the issuance of a Certificate of Occupancy for the building to be served 80 If any off -site upgrades are required due to changes in the proposed peak demands in sewer services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant must provide evidence to the P B S Director that adequate sewer capacity is available to accommodate the building r� 12/15/04 21 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any sewer upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 81 If any off -site upgrades are required due to changes in the proposed peak demands in water and wastewater service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each budding within a Project Area, the applicant must provide evidence to the P B S Director that adequate water and wastewater capacity is available to accommodate the budding that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any water and wastewater upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 82 Before issuance of a first Certificate of Occupancy for any budding in the Project Area north of the Union Pacific Railroad right -of -way, the applicant must replace the 15 -inch sewer line located to the north of the project site with an 18 -inch sewer line as depicted on the Phase 1 Utility Layout plan 83 Businesses that generate fats, oils, or greases are required to install grease interceptors with a minimum 30- minute retention period on appropriate sewer connections 84 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that the appropriate additional on -site water and wastewater improvements as identified by the El Segundo Water and Wastewater Division, or an equivalent service provider, have been installed Such additional measures must include separate services for potable and fire water systems, a separate water meter for each building, and potable system to be a combined irrigation and domestic, or separated into domestic and irrigation meters Separate fire services with double detector check valves and backflow preventers are required Upon completion of the site plan, the exact size and number of fire lines will be determined Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 85 If any off -site upgrades are required due to changes in the proposed peak demands for telecommunication services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before issuance of a Certificate of Occupancy for each budding within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 86 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that any appropriate additional improvements for on -site telecommunication services as identified by Pacific Bell, or an equivalent service provider, have been installed to accommodate the budding that is the subject of such Certificate of Occupancy If the existing 12/15/04 22 ^45 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL facilities serve adjacent properties, the services may require relocation Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 87 If any off -site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each budding within the Protect Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy Compliance with this measure must be verified by the P B S Director before permit issuance Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 88 Before the issuance of a Certificate of Occupancy for each budding within the Protect Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that any appropriate additional on -site natural gas service improvements as identified by The Gas Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy Compliance with this measure must be verified by the P B S Director and before the issuance of the Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 89 If any off -site upgrades are required due to changes in the proposed peak demands for electrical service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 90 Before the issuance of a Certificate of Occupancy for each building within the Protect Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that any appropriate additional on -site electrical service improvements as identified by The Edison Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other WATER 91 Before the issuance of the first Building Permit for each building within the Protect Area, the applicant must submit Off -site Reclaimed Water Facility Plans to the P B S Director and the Director of Public Works for review and approval Said plans for the off -site improvements ^4G 12/15/04 23 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL must include an approval from West Basin Municipal Water District, the supplier of reclaimed water 92 Before the issuance of a Budding Permit for each building within the Project Area, the applicant must submit Final Working Drawings that incorporate On -site Irrigation Plans to the P B S Director and the Director of Public Works for review and approval Such plans must indicate that reclaimed water must be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Department of Public Works, when available from the West Basin Municipal Water District or other supplier of reclaimed water Such plans must include the installation of a dual water line system on -site to accommodate distribution of potable water for landscaping until reclaimed water for landscaping becomes available for the Project Area In addition to the utilization of reclaimed water for irrigation, other water conservation features such as low -flow devices and automated shut -offs must be included throughout the Project Site Water management systems must include both water conservation and wastewater reduction features 93 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that the connection with the City's reclaimed water system has been provided, the approved water management systems and water - saving devices have been incorporated into project development, and that the water facilities have been installed per the approved plans If the water provider is unable to make reclaimed water available before the issuance of the Certificate of Occupancy, then potable water may be utilized and the Certificate of Occupancy must be issued 94 The applicant must install a loop water distribution system for the Project Site with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works Before the issuance of each Building Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the budding which is the subject of the permit will be connected to the looped water distribution system 95 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must pay the applicable water meter installation fees Compliance with this measure must be verified by the P B S Director before issuance of the Certificate of Occupancy 96 Before the issuance of a Budding Permit for each budding within the Project Area, the applicant must pay the applicable sewer connection fees and charges Compliance with this measure must be verified by the P B S Director before Permit issuance 97 Before the issuance of the first Certificate of Occupancy for a budding in the Project Area, those areas not already part of County Sanitation District must be annexed to County Sanitation District No 5 INDEMNIFICATION 98 The Developer must defend, indemnify and hold the City and its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or ti 4..., r 12115104 24 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL liability of whatsoever kind or nature, arising from the City's approval of the project, Including but not limited to the CEQA determination, General Plan Amendment, Zoning Code Amendment and /or the Tentative Tract Map approval 99 Mar Ventures, Inc must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below By signing this document, Mar Ventures, Inc certify that they have read, understood, and agrees to the Project Conditions listed In this document and represents and warrants that It has the authority to execute this document on behalf of the property owner and acknowledges that the conditions set forth above shall run with the land and be binding upon all owners and occupants of the land Mar Ventures, Inc ZAI Allan Mackenzie Its President Q1 Its {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Budding SafeW PROJECTS\526- 650 \EA - 631 \Council Agenda Packet\2 -15 -05 hearing \Honeywell Conditions of Approval CC doc /4G 12/15/04 25 CITY COUNCIL RESOLUTION No. EXHIBIT "F -1" CITY COUNCIL ORDINANCE No. EXHIBIT "C -1" City of El Segundo Inter - Departmental Correspondence April 12, 2004 To: Jim Hansen, Director of Community, omic & Development Services From: Jack Wayt, Chief of Police Subject: Environmental Assessment EA -No 631 Address 850 S Sepulveda Blvd Applicant MAR Ventures Property Owner Honeywell, General Chemical, Air Products, Kramer & Co and others The Police Department's has revised some of the comments stated in the December 10, 2003 memo There is also a revision to the lighting requirements listed in the Crime Prevention Checklist The revised Checklist is attached for your convenience As the plans are still in the conceptual stages, it is difficult to make recommendations until speck businesses or types of business are identified and studied as to their relationship with one another. However, in reviewing the schematic master plan, the following are the preliminary comments from the Police Department Attached please find a "Crime Prevention Checklist' to use as general, but not site - speck guidelines Historically, malls and strips centers where parking spaces are to the rear of the businesses experience came problems Consumers and employees are not comfortable parking and walking in this area because it is remote and secluded This leaves the area free for legitimized loitering, thus resulting in crimes such as rape, robbery, drug transactions, vandalism, theft and prostitution It is recommended the parking behind buildings Al through A6 be eliminated and moved to the front o If Al and A6 have glass windows surrounding three sides of these businesses, the parking spaces that wrap around them could remain because the windows will provide natural surveillance by store employees Door viewers, specifically for fire -rated doors, shall be installed in the rear entrance /delivery doors of all businesses "No loitering" signs should be posted along the backside of the buildings (2 4CJ 850 S Sepulveda Blvd Police Department comments Page Two • For the employees' personal safety, individual store leases should not require employees to park in the back during hours of darkness • Trash dumpsters should be placed away from the back doors of the businesses to prevent employee theft • The entire project shall be lighted with a maintained minimum of one footcandle of light during hours of darkness See the Crime Prevention Checklist for details • A wall shall be used to separate this project from the businesses along Hughes and Allied Ways • Depending on the time of delivery, delivery trucks trying to access building A7 may pose a danger to pedestrians using the rear parking area • The plans note stairs in buildings A4 and A7 If the stairs are not contained within the individual stores, stairwell recommendations listed in the Crime Prevention Check list may be required • Where will the delivery doors be located for the restaurants? • To prevent burglaries, roof ladders should be situated within the individual businesses • What type of activity will be occurring at the public amenities /park? How will this area be secured after hours to prevent loitering? • The wall along the north side of the property shall continue along the east property line behind budding A -7 This will to keep public amenity users from parking behind A -7, using the open /well -Id parking spaces instead Traffic Division (Sat Al Graham) • For access, easement and traffic flow during peak hours Allied Way should be pushed through or propose to be pushed through to Rosecrans The same should apply from Sepulveda Blvd. to Allied Way f. City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE TO: Jim Hansen, Director of Community, Economic & Development Services FROM: Laurie Risk, Crime Prevention Specialist SUBJECT Police Department Crime Prevention & Security Checklist The following checklist is r:FNFRAL INFORMATION on budding security and crime prevention issues from the El Segundo Police Department Because each project is different and unique, no single list could possibly cover every situation It is the project designer's responsibility to obtain specific guidelines from the El Segundo Police on crime prevention as it relates to his /her specific project t IGHT/Nr. Each project will require individual lighting needs according to its usage and location (i a the different lighting needs between a gas station, Industrial, commercial, light retail, parking lots or structures, fast food, etc) General lighting guidelines may begin as follows During hours of darkness, a maintained minimum of one footcandle of light on the ground surface shall be provided around all sides of any building(s) and parking structure(s), open parking lots, carports and guest parking Wall packs shall be placed over shipping /receiving doors and trash dumpsters with one footcandle minimum maintained Aisles, passageways and recesses related to and within all sides of the building complex shall be illuminated with a maintained minimum of 25- 50 footcandles during hours of darkness Lighting devices shall be enclosed and protected by weather and vandal resistant covers A PHOTOMETRIC STUDY, WHICH INCLUDES ALL SIDES OF THE BUILDING(S), RECESSED AREAS, SURFACE PARKING LOTS, TRASH ENCLOSURES, DOCK AREAS AND PARKING STRUCTURE(S), MUST BE PROVIDED PRIOR TO ISSUING THE PERMIT. THE PHOTOMETRIC STUDY MUST BE POINT -BY -POINT AND INCLUDE THE LIGHT LOSS FACTOR (.7). LIGHTING LEVELS SHALL BE ADJUSTED ACCORDINGLY TO MEET THE MINIMUM FOOTCANDLES REQUIREMENTS WITHIN EACH AREA OF THE PROJECT. AW)RESSIA1 Depending on the size of the project and its location in relation to the street, the address needs may vary from a minimum of 6" to as much as 24" Street numbers should be visible from the street, of contrasting color to the background and illuminated during hours of darkness Any building (residential, commercial, industrial, retail, etc ) which has alley access, shall have additional addressing on the alley side The alley addressing shall meet the same requirements as stated above ENTRANrPSIEXITS Entrances and exits shall be limited to keep control and visibility of the building 251 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE TWO BIKE RACK Bike racks shall be located in a busy, well -lit location This will provide optimum security for persons and property LANDSCAPING All landscaping shall be low profile around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access Floral or grass ground cover is recommended Bushes shall be trimmed to 1 to 2 feet and away from buildings Dense bushes should not be clumped together, this provides a hiding place for criminal activity Trees should be trimmed up to 7 feet AFRUS Although berms are aesthetically pleasing, they do conceal any natural surveillance into a facility and its parking lot by patrol and passersby 13erms have always been known to provide criminals with the opportunity for concealment in order to commit crimes Therefore, berms, especially those with landscaping on top would not be recommended Although berms are aesthetically pleasing, they do conceal natural surveillance into a facility by passersby and patrol, and they provide criminals with the opportunity for concealment in order to comma crimes Therefore, berms, especially those with landscaping on top would not be recommended All main entry doors (including entry doors from a garage into a residence) shall be of solid core construction with a minimum thickness of 1 3/4 inches (Commercial, retail and industrial doors may be constructed of metal, 1 3/4" thick) Entry doors shall have a deadbolt locking device The deadbolt throw shall have a 1 -inch projection The cylinder guard shall be of case hardened steel, with the outer edge angled or tapered and free spinning The exterior part of the lock shall be connected to the inside portion of the lock with bolts at least 1/4 inch in diameter and constructed of steel The locking mechanism shall contain a minimum of a 5 -pm tumbler Main entry doors with glass constructed in or within 40 inches (including windows along the side of the entry door) of the locking mechanism should either reverse the swing of the door if a window is positioned within 40 inches of the locking mechanism, OR reverse the position of the window to be opposite the locking mechanism, OR all glass should be replaced with polycarbonate materials, or of fully tempered glass, or rated burglary resistant glazing All doors accessible from a corridor shall be of solid core construction and be equipped with a deadbolt lock A panoramic door viewer (180 -190 degrees) shall be installed in each main entry door, delivery doors and entry doors off a corridor or hallway �5� EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE THREE Strike plates shall be made with a minimum 16 U.S gauge steel, bronze or brass and secured to the lamb by a minimum of two screws, off -set and which must penetrate at least 2 inches into solid backing beyond the surface to which the strike plate is attached Sliding glass doors shall have a secondary locking device (i a locked by a key or a twisting /tummg devicelCharhe bar) This device shall limit any up and down or sideways movement while the window is in the closed /locked position Double or french doors shall have a secondary locking device, such as a cane or flush bolt in addition to a deadbolt The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame A latch guard shall be placed over double glass entry doors P RIM T R WALLS OR FENCING Perimeter walls shall be a minimum height of 6 feet street side and of solid construction Walls shall limit climbing access (i e, concrete walls shall not have varied sections were decorative blocks allow for stepping over the wall or part of the wall consists of wrought iron) Wood, wrought iron, steel tubular or mesh perimeters shall bp 6 feet high and all horizontal members shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used, the horizontal members shall run along the top and bottom portion of the fence Wrought iron or steel tubular fencing is always recommended around a perimeter as it provides maximum visibility Chamlink fencing shall not have plastic or metal slats weaved within it This limits visibility into the facility TRASH DUMPSTERS Trash dumpsters shall be enclosed with wrought iron or steel tubular fencing All dumpsters not enclosed this way shall be constructed in a way which fully encloses the dumpster (roofing connected to the side walls) Fencing shall be locked and a wall pack or light standard directly over the dumpster This will provide employees maximum visibility when they are taking out trash during hours of darkness EMPLOYEE PARKING As internal theft is a large percentage of the loss to industry, employee parking should not be located by shipping /receiving docks or dumpsters EXTERIOR LAIMERS Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet This covering shall be locked against the ladder with a case - hardened hasp, secured with non - removable screws or bolts Hinges on the cover will be provided with non - removable pins when using pin -type hinges If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum 5- pin tumbler operation with a non - removable key when in an unlocked position 2 J.; EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE FOUR DOCK AREA Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) A V x5" vision panel can be installed in the roll -up door PARKING LOTS AND PARKIN . CTR I -T IR C Entry and exit should be limited to one area for control and observation If there is more than one entry or exit, a card access system should be used • perimeter wall or fencing should fully enclose the first floor to limit access • transitional lighting plan shall be established, with every level therein Lighting fixtures shall be placed over vehicles vs down aisles Florescent, high- pressure sodium or mercury vapor lighting is recommended Condo parking- Units having common parking should have numbered or lettered spaces, which do not correspond to the unit number Parking structures with numerous parking levels extended below the ground floor inhibit police patrol from dispatching additional units for help when dealing with criminal activity Parking structures shall be designed in such a way as to incorporate communication that will enhance two -way radio transmissions Wherever possible, elevators and stairs shall be located on the perimeter to permit natural surveillance from exterior public areas via glass back elevators and glass around stairs and elevator lobbies Openness will enhance natural surveillance and provide natural ventilation Openness on two sides would be an-acceptable minimum, four sides is preferable Exit doors from the parking structure should be "Emergency Only" with panic hardware There should be no hardware on the exterior Lighting of Parking C r u _t r REVISED Passing from light to dark areas creates a problem for drivers because of the eye's inability to adjust rapidly Therefore, a transitional lighting plan within the parking structure shall be established with a maintained minimum of two footcandles of light on the ground surface Light must be put into the edges of parking stalls rather than just onto driving aisles Lighting fixtures should be placed over vehicles vs down aisles Florescent, high- pressure sodium or mercury vapor lighting is recommended 2J -, EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE FIVE Passing from light to dark areas creates a problem for drivers because of the eye's inability to adjust rapidly It is also imperative to get light into the edges of parking stalls rather than dust onto driving aisles A transitional lighting plan within the parking structure shall be established with a minimum maintained of two foot candles of light on the surface White staining concrete is a cost - effective method of increasing general brightness, and when applied to ceilings, walls and beam soffits, reflects light, thereby increasing uniformity and creating a sense of well -being SITE DIRECTORY Large complexes such as, but not limited to, hotels shall have a site directory placed at entrances, stairwells, elevators, in courtyards and in parking lots Appropriate room numbering and lettering shall be affixed to the building Directories located at entrances and in parking lots shall be large enough for patrol and guests seated in a car to read POOL AR A Pool area shall be enclosed with barred fencing, a minimum of 6 feet high for safety and visibility TELEPHONES Public phones shall not be located in a remote area of the protect Such locations encourage loitering and drug transactions Public telephones shall be "call out" only SECURITY CAMERAL Security cameras should be placed, monitored and recorded by shipping, receiving dock areas, cash handling areas, counting areas, vital access doors, parking lots, cash registers, drive -up windows and driveways and ANY OTHER AREAS DEEMED NECESSARY Cameras should monitor and record. - vehicle occupants and the license plate number as they enter /exit, vital access doors, loading docks and lobbies ALARMS g PANIC ALA Panic/robbery alarms shall be installed in, but not limited to, all cash handling areas, registers, box offices, cash counting areas, reception desks or guest counters Contractors who install home security alarms systems, be they audible or monitored by a security company, shall inform the perspective residents that an alarm permit is required by the City of El Segundo and a False Alarm Ordinance is enforced by the El Segundo Police Department SFrURITY PERSONNEL Security personnel may be requested to be stationed in certain areas of the project to provide additional or necessary security EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SIX SAFES OR COUNTFER CACHE DROPS Counter cache units should be installed by registers and a safe in the manager's office All safes should be anchored in concrete and cache drops anchored to the counter Signs should be placed on front doors stating the premise has a time drop safe or counter cache drop in use I.ML All coolers shall be equipped with an interior unlocking or release mechanism in the event employees are locked inside during a robbery B ILI FT RESISTANT EMCLnSURES Depending on the project, bullet resistant enclosures may be required PUBLIC R STROOMS Public restrooms should be locked Entrance can be made by asking for a token or key Q /MOOR 6 N -H S AND TAR S Outdoor benches and tables should be constructed in such a way (curved) as to limit the number of people seated at one time or for long penods of time This will discourage loitering These benches and tables should be positioned in such a way as to provide natural surveillance of the parking lots CASH REGISTERS Ail cash registers shall be clearly visible from the street and bolted down to the counter M R HANDIC F t--QNQQ1 AS Aisles between gondolas shall be designed so that personnel can clearly see in all directions Gondolas shall not be so high as to obstruct personnel's view of interior SEATIN49 WALI S Decorative seating walls shall be no higher than 3 feet and should be angled and constructed of material which limits sitting time and deters loitering MENU ORDER BOARDS Menu order boards should be elevated approximately 2 -3 feet Round tube steel pipes should be used as support beams. CASHIER STATIONS Depending on the project, certain cashier stations should be elevated for maximum visibility AZ67s ATMs shall follow those set forth per the California guidelines � r u� EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SEVEN HQTE1 K Y QARQ SYSTEM Hotels /motels shall install a changeable electronic key card locking system for guest room and specific rooms (i a laundry, gymnasium, etc ) g h7_IN ENTRY Depending on the project, a buzz -in system may be required to secure specific areas or lobbies CO INT R TOP FOR CASH R GIST R OR AERMF QFRKS Counter tops for cash registers and service -type desks with a smooth finish such as glass, polished granite or marble enables evidence technicians to lift fingerprints and palm prints after a crime has been committed The landscaping around the island of the booth shall be ground cover only The booth shall be lit on all sides with a minimum of one footcandle of light The lighting shall be installed and angled out in such a way that it does not present a glare on the glass limiting the attendant's visibility to the immediate surrounding area or out to the street A mirror shall be installed on the interior of the booth This will allow the attendant to see who may be coming from behind them A camera(s) should be installed. The camera(s) should be angled in such a way as to capture license plate numbers and facial images as the guests are conversing with the parking attendant A drop safe /time release safe should be installed Signs should then be posted that state a "DROP SAFE (OR TIME RELEASED SAFE) IN USE" If the attendant is taking in tokens and parking tickets only, signs should be posted stating "NO CASH EXCHANGED /TOKENS OR TICKETS ONLY" The attendant should have a radio, phone or panic alarm in which to make contact with security personnel in the event of an emergency Issues which the Traffic Division would be concerned with, but are not limited to an adequate number of parking spaces per users, location of loading dock areas in relation to project traffic flow or street traffic flow, the project's impact on street traffic (i a additional signals, traffic, signage, etc ), driveways, ingress and egress locations 4/04 H ORDINANCE NO. _ AN ORDINANCE REGARDING AN APPLICATION FROM MAR VENTURES, INC. AND THE CITY OF EL SEGUNDO APPROVING DEVELOPMENT AGREEMENT NO. 03 -1, ZONE CHANGE NO. 03 -2 & 03 -3, ZONE TEXT AMENDMENT NO. 04 -1 ADDING CHAPTER 15 -5G AND AMENDING SECTIONS 15 -3 -1 AND 15 -15 -6 OF THE EL SEGUNDO MUNICIPAL CODE, AND SUBDIVISION NO. 03 -7 (VESTING TENTATIVE TRACT NO. 061630) FOR THE SEPULVEDA/ROSECRANS SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares that A On November 17, 2003, Mar Ventures, Inc filed an application for an Environmental Assessment (EA -631), General Plan Amendment (GPA No 03 -4), Zone Change (ZC No 03 -2) and Subdivision (SUB 03 -7, Vesting Tentative Tract Map No 061630) to redesignate and rezone an approximately 54 9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue On June 28, 2004 and July 26, 2004, Mar Ventures, Inc filed additional applications requesting a Zone Text Amendment (ZTA No 04 -2) and Development Agreement (DA No 03 -1) If these matters are approved, the applicant proposes to develop a 425,000 square foot shopping center, known as Plaza El Segundo, B On November 13, 2003, the City of El Segundo filed an application for a General Plan Amendment (GPA No 03 -5) and Zone Change (ZC No 03- 3) to redesignate and rezoning an approximately 30 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue from Heavy Industrial (M -2) to Commercial Center (C -4) On April 26, 2004, the City of El Segundo filed an application requesting a Zone Text Amendment (ZTA No 04 -1) to amend the El Segundo Municipal Code C The applications from Mar Ventures, Inc and the City of El Segundo were reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), D In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), E An Initial Study was prepared pursuant to the requirements of CEQA The Initial Study demonstrated that the project could cause significant environmental impacts Accordingly, a Draft Program /Project Environmental Impact Report ( "DEIR ") was prepared and circulated for public review and comment between October 5, 2004 and November 19, 2004, F The Planning and Budding Safety Department completed its review and scheduled a special public hearing regarding the application before the Planning Commission for November 15, 2004, G On November 15, 2004 the Commission held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Mar Ventures, Inc , and continued the public hearing to December 15, 2004, H On December 15, 2004, the Planning Commission held the continued public hearing and adopted Resolution No 2575 recommending City Council approval of Environmental Assessment No 631, Development Agreement No 03 -1, General Plan Amendment No 03 -4 & 03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 (Vesting Tentative Tract No 061630), On February 15, 2005 the City Council held a public hearing and considered the information provided by City staff, public testimony and Mar Ventures, Inc, and adopted Resolution No _ approving Environmental Assessment No 631 and General Plan Amendment No 03 -4 & 03 -5, J This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its February 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The approximately 110 -acre irregularly shaped subject property is located in the southern portion of the City of El Segundo The site is comprised of 13 separate parcels of varying sizes, ranging from 1 8 acres to 29 2 acres The entire subject property is roughly bounded by Hughes Way to the north, Douglas Street to the east, Rosecrans Avenue to the south, and Sepulveda Boulevard to the west B The majority of the site was historically devoted to industrial chemical manufacturing facilities Honeywell International, Inc and General Chemical, and their predecessors in interest, had operational facilities on the site until 2003 At that time the facilities were closed and demolished 2- � J ;j for resale and reuse Remediation activities for on -site sod contamination has also commenced on the Honeywell International property C A 7 -acre portion of the site along Rosecrans Avenue is currently used by Air Products Inc for the production of industrial gases Air Products also owns an 8 9 -acre vacant parcel of land in the interior of the project site D Other current uses of the project site include a lumber yard operated by Learned Lumber on land leased from the Los Angeles County Metropolitan Transportation Authority (MTA) at the east end of the protect site Foundation remains from a brass foundry building are located in the north east end of the project site on a portion of an 11 -acre property owned by H Kramer & Company Additionally, the elevated Metro Green Line light rail traverses the property in a north -south alignment near the east end of the project site E The proposed redesignation and rezoning of the Sepulveda /Rosecrans Site Rezoning would change the General Plan land use designation of approximately 85 8 gross acres of the 110 -acre subject property to a new Commercial Center designation and rezone the area to a new Commercial Center (C -4) Zone F As applied to the whole of the Sepulveda /Rosecrans Site Rezoning, the proposed Commercial Center land use designation and C -4 zoning would permit up to 850,000 square feet of commercial shopping center development within approximately 85 8 -acre site The proposed FAR for the Commercial Center land use designation is 0 275 1 G The existing lumber distribution use (Learned Lumber) that is presently located within the Sepulveda /Rosecrans Rezoning Site would also retain its current Light Industrial (M -1) zoning classification The land on which the lumber yard sits is expected to be reconfigured in the future to accommodate the realignment of the Burlington Northern Santa Fe railroad tracks It is anticipated that the size of the lumber yard will remain comparable to today H As part of the Sepulveda /Rosecrans Site Rezoning the Air Products facility may also relocate to a new smaller facility on the portion of the project site that will remain zoned Heavy Industrial (M -2) The Sepulveda /Rosecrans Site Rezoning project anticipates possible expansion of an existing recreational vehicle (RV) storage facility located on H Kramer & Company property within the boundaries of the Sepulveda /Rosecrans Site Rezoning project area -3- J The applicants are not requesting entitlements for 66 7 gross acres that are part of the Sepulveda /Rosecrans Site Rezoning, but not included with the proposed Plaza El Segundo development The Program DEIR identifies the additional environmental evaluation required for developing those 66 7 acres K The proposed Plaza El Segundo would be constructed on approximately 43 3 gross acres within the Sepulveda /Rosecrans Site Rezoning and would implement the new C -4 zoning on that portion of the site The proposed Plaza El Segundo would be located on approximately 37 3 gross acres located north of the Union Pacific Railroad tracks and approximately 4 7 gross acres located immediately at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue L The proposed Plaza El Segundo project is a shopping center of up to 425,000 square feet The shopping center would contain large retail stores, specialty retail, and other uses which could include a fitness center, spa, and a variety of sit -down restaurants and fast food restaurants The types of retail tenant categories could include a Whole Foods grocery store, home improvement, department store, electronics and appliances, home furnishings, pet supply, books, soft goods and sporting goods M The proposed shopping center would consist of several one- and two - story buildings with a maximum height of 65 feet All development within the proposed Plaza El Segundo would conform to the C-4 development standards N The proposed FAR for this development would be 0 2756 1 based on 425,000 square feet of development on 38 1 net acres The proposed subdivision of the Plaza El Segundo site would include 20 parcels These parcels would range from 0 5 to 5 5 acres in size As a result, FARs on individual parcels may range from approximately 0 00 1 to 0 49 1 O The proposed C -4 Zone would provide for the transfer of density rights within the development area to insure that the overall density of the site is consistent with the C -4 Zoning Any donor parcels for FAR purposes will have covenants recorded stating the maximum FAR permitted on the parcel P The full buildout of the Sepulveda /Rosecrans Site Rezoning includes an extension of Park Place (a four -lane east -west street) from its current terminus at Nash Street that would connect to Sepulveda Boulevard The roadway extension would include a signalized intersection at Sepulveda Boulevard south of Hughes Way The roadway would also include a grade separation structure to allow the roadway to pass beneath the Union �, 6 1 -4- `- i Pacific Railroad and realigned Burlington Northern Santa Fe Railroad tracks that bisect the project site Q Primary ingress and egress to the proposed Plaza El Segundo would be provided from Sepulveda Boulevard via a new traffic signal halfway between Hughes Way and Rosecrans Avenue The eastern leg of this intersection will be served by the new east -west Park Place roadway extension, constructed to El Segundo roadway standards consistent with the adopted Circulation Element R A second new roadway extension would be constructed to roadway standards consistent with the Circulation Element of the City's General Plan in a north -south alignment to connect the new segment of Park Place to Hughes Way via Allied Way, which presently terminates at the northern boundary of the Sepulveda /Rosecrans Rezoning Site S The Plaza El Segundo portion of the Sepulveda /Rosecrans Site Rezoning is proposed to be constructed as one phase Construction is expected to commence in 2005 and to be completed in 2007 T An interim on -site stormwater retention pond would be constructed within the proposed Plaza El Segundo site to retain storm water runoff Portions of an existing 42 -inch reclaimed water line that crosses the site from north to south approximately 5 to 7 feet below the existing ground surface may be relocated The proposed Plaza El Segundo would connect into the existing water and sewer lines U Parking for the Plaza El Segundo portion of the Sepulveda/ Rosecrans Site Rezoning is proposed to be located in surface parking lots that will surround the proposed shopping center buildings Based on a total of 425,000 square feet, including 380,000 square feet of commercial /retail space and 45,000 square feet of restaurant floor area in the Plaza El Segundo development as described in the Environmental Impact Report, 1,580 parking spaces are required The developer proposes to provide 2,164 parking spaces, which exceeds the City's parking requirements SECTION 3 Zone Change Findings Based on the factual findings of this Ordinance, the proposed Zone Change is necessary to carry out the proposed project because the proposed General Plan Amendment would change the land use classification on portions of the project site from Heavy Industrial to Commercial Center The proposed Zone Change is necessary to maintain consistency with the proposed General Plan land uses designation of Commercial Center SECTION 4 Zone Text Amendment Findings Based on the factual findings of this Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed project to create the proposed Commercial Center (C -4) Zone, which would allow -5- c. �) commercial development of the project site Without an amendment to the ESMC, the current zoning would not permit commercial development An amendment to add Chapter 5 -5G to the ESMC is necessary for consistency with the General Plan Additionally, ESMC § 15 -15 -6 is proposed to be revised to establish loading area development standards for the proposed C-4 Zone An amendment to ESMC § 15 -3 -1 to list the C -4 as a zoning classification within the City is necessary for consistency with the General Plan SECTION 5 Development Agreement Findings The project approved as part of the Development Agreement would be as generally described in Section 2 above Pursuant to City Council Resolution No 3268, adopted June 26, 1984, the City Council finds that A The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan The Development Agreement would provide the following public benefits, in addition to the other rights and benefits flowing to the City through the Agreement, in exchange for valuable development rights (eight -year entitlement) 1 Development of a property that is currently vacant and underutilized 2 The project would facilitate the environmental remediation of existing subsurface soil and groundwater contamination on and around the property associated with the previous use of the project site 3 Re- designation and rezoning of industrial property for more productive commercial uses 4 Elimination of blighted areas and providing an attractive urban destination 5 Increasing and further stabilizing the City's tax base through development of new commercial businesses 6 Providing both short-term construction employment and long -term employment (approximately 952 jobs would be associated with the Plaza El Segundo Development) within the City of El Segundo 7 Increase in employment opportunities for the City's residents 8 The Plaza El Segundo Development will add to the diversification of the economic base in the City by providing for new larger format retail uses and services that do not currently exist in the City 9 The development will provide significant fiscal benefit to the City by generating additional business license and sales tax revenue for the City's General Fund 10 Increasing City revenues through the generation of taxes that outweigh the City cost of services 11 The Plaza El Segundo Development is estimated to generate an annual net fiscal benefit (revenues versus City expenses) that would range from approximately $1,254,983 to $1,980,775 in the -6- �. h first year of operation, rising to a range of approximately $1,520,608 to $2,413,241 in the eighth year of operation 12 The Sepulveda /Rosecrans Site Rezoning is immediately adjacent to the 2,000,000 square -foot Continental Park office development , the 2,000,000 square -foot Raytheon campus, and other office buildings along the Rosecrans Avenue commercial corridor The proposed project will provide additional retail uses and services to these employment centers 13 Development of a project that is consistent with the Elements of the General Plan as set forth in Resolution No 14 The project would provide a comprehensive and coordinated design of the entire protect site, including landscape amenities to substantially improve the aesthetic appearance of the site and the surrounding area 15 The project would reduce the maximum permitted floor area ratio on the property from 0 6 1 to 0 275 1 16 Funding planned on -site and off -site Circulation Element improvements, including new and widened roadways, intersections, signals, medians and landscaping in the project vicinity at no cost to the City 17 The project will include the construction of two new roadways (Park Place and Allied Way extensions) that will further the City's goal of implementing the 2004 Circulation Element Master Plan of Streets and improving the circulation system in the southeast quadrant of the City 18 The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development will include the widening of Sepulveda Boulevard on the east side of the street to provide acceleration and deceleration lanes to serve the project and widening a portion of the north side of Rosecrans Avenue to provide a dedicated right -turn lane The developer will dedicate property for the lane widening providing a public benefit to the entire City 19 Expansion of the planned ITS network that will increase its effectiveness in relieving congestion 20 Contribution of $1,500,000 to City aquatic- related recreational uses 21 Contribution of $250,000 to enhance, promote, and maintain the public improvements adjacent to businesses and property owners in the Downtown Specific Plan area of El Segundo 22 Contribution of approximately $250,000 in traffic impact mitigation fees to offset the impacts of the project on public roadway infrastructure 23 Contribution of approximately $119,000 in police, fire, and library, mitigation fees to offset the impacts of the project on public services -7- B The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located The proposed project includes a new land use designation and zoning classification, which establishes the permitted uses and development standards that would apply to the project These uses and development standards are similar and compatible with the other commercially zoned districts in the City C The project is in conformity with the public convenience, general welfare and good land use practice The proposed reduced project permits a lower floor area ratio than allowed under the current M -2 zoning (0 275 1 vs 0 6 1) The project would facilitate constructing public roadways, through the dedication of land The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City by providing a broad range of commercial uses D The project, taken as a whole, will not be detrimental to the health, safety and general welfare, but rather will promote the health, safety and general welfare of the City The proposed project will not create any negative environmental impacts, with the exception of traffic, operational and temporary construction related air quality, and temporary construction - related noise impacts, and cumulative solid waste and traffic impacts The City Council has determined that there are overriding considerations, which outweigh the identified unavoidable environmental consequences of the project E The project will not adversely affect the orderly development of property or the preservation of property values The proposed C -4 development standards and development agreement will ensure that the project will be developed in an orderly fashion All mitigation measures will be implemented at the time and place impacts occur F The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City SECTION 6 Subdivision Findings A The proposed Vesting Tentative Tract Map No 061630 is consistent with applicable general and specific plans as specified in Government Code §§ 65451 and 65454 Each proposed lot will be consistent with the minimum lot size and minimum street frontage requirements proposed in the C -4 Zone All parcels will have frontage on a public street In B The design or improvement of the proposed subdivision is consistent with the General Plan Each proposed lot would be consistent in size and lot frontage with other parcels in the surrounding area C The site is physically suitable for the type of development The vacant 110 -acre Sepulveda /Rosecrans Rezoning site is generally flat with several unlined natural depressions on the site The proposed project is physically accessible by existing streets and the MTA Green Line D The Sepulveda /Rosecrans Site Rezoning site is physically suitable for the proposed density of development The floor area ratio of individual parcels within the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development would not have cumulative densities exceeding 0 275 1, due to the requirement in the proposed C -4 zone that the overall FAR not exceed an overall FAR of 0 275 1 This density is well within FAR standards for commercial developments E The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably inure fish or wildlife or their habitat The proposed project is located in a built out urban environment and poses no threat to fish or wildlife habitats located on the project site Most of the project site was also previously developed with heavy industrial uses from 1920 to 2003 The proposed layout of the development does not contribute to the unavoidable significant traffic and air quality impacts identified in the Draft EIR F The design of the subdivision or type of improvements are not likely to cause serious public health problems The size and shape of all lots will protect public health The proposed Park Place and Allied Way roadway extensions to serve the subdivision will be designed to provide safe and efficient vehicle and pedestrian movements throughout the project site Subdivision improvements will be required to comply with the Americans with Disabilities Act The Site is being remediated in accordance with applicable federal and state regulations G The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision The project applicant will relocate or build over the 42 -inch reclaimed water easement on the property The MTA aerial easement will not be disturbed by the design of the proposed project SECTION 7 Approvals The City Council approves the following A The City Council amends the current Zoning Map to reflect a change of the area bounded by Hughes Way on the north, Douglas Street on the -9- «.fit. east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the west from Heavy Industrial to Commercial Center The corresponding changes to the Zoning Map as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference B The City Council adopts the Development Agreement by and between the City of El Segundo, and Mar Ventures, Inc as set forth in attached Exhibit "B," which is incorporated into this Ordinance by reference C The City Council amends Section 1 of Chapter 3, Title 15, of the ESMC to read as follows ,,15 -3 -1: DESIGNATION OF ZONE NAMES: In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the classes of use zones are by this title established, to be known as follows R -1 Single -family residential zone R -2 Two - family residential zone R -3 Multi -family residential zone PRD Planned residential development zone C -RS Downtown commercial zone C -2 Neighborhood commercial zone C -3 General commercial zone C -4 Commercial center zone CO Corporate office zone MU -N Urban mixed -use north zone MU -S Urban mixed -use south zone M -1 Light industrial zone M -2 Heavy industrial zone SB Small business zone MM Medium manufacturing zone MDR Medium density residential zone GAC Grand avenue commercial zone MMO Multimedia overlay district O -S Open space zone P Automobile parking zone P -F Public facilities zone" D The City Council adds Article G to Chapter 5, Title 15, of the ESMC to read as follows n b 6., 46 r -10- "CHAPTER6 COMMERCIAL ZONES ARTICLE G. COMMERCIAL CENTER (C-4) ZONE 15 -5G -1: PURPOSE 15 -5G -2: PERMITTED USES 15 -5G -3: PERMITTED ACCESSORY USES 15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT 15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT 15 -5G -6: SITE DEVELOPMENT STANDARDS 15 -5G -7: LANDSCAPING 15 -5G -8: OFF - STREET PARKING AND LOADING SPACES 15 -5G -9: SIGNS 15 -5G -1: PURPOSE: The purpose of this Zone is to provide consistency with and implement policies affecting property designated as Commercial Center on the General Plan Land Use Map and in the General Plan text This Zone is intended to provide for developing commercial establishments serving the City and surrounding area Regulations are designed to promote and control growth of Commercial Center projects such as retail and service uses 15 -5G -2: PERMITTED USES: The following uses are permitted in the C -4 Zone A Fitness centers (indoors only) B General offices not exceeding five thousand (5,000) square feet C Pet supplies and services including veterinary services D Restaurants, coffee shops and cafes. E Retail sales uses (excluding off -site alcohol sales) F Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title -11- 15 -513-3: PERMITTED ACCESSORY USES: A Any use customarily incidental to a permitted use B Drive -thru or walk -up services, including financial operations, but excluding drive -thru restaurants C Open storage of commodities sold or utilized on the premises D Parking structures and surface parking lots E Other similar uses approved by the Director of Planning and Budding Safety, as provided by Chapter 22 of this Title 15 -5G-4: USES SUBJECT TO ADMINISTRATIVE USE PERMIT: A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes B Off -site sale of alcohol at retail establishments C Video arcades with three (3) or fewer video or arcade machines D Other similar uses approved by the Director of Planning and Budding Safety, as provided by Chapter 22 of this Title 15 -5G -5: USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title A On -site sale and consumption of alcohol at bars B Video arcades with four (4) or more video or arcade machines C Other similar uses approved by the Director of Planning and Budding Safety, as provided by Chapter 22 of this Title 15 -5G -6: SITE DEVELOPMENT STANDARDS: All uses in the C -4 Zone must comply with the development standards contained in this Section -12- 268 A General Provisions 1 All uses must be conducted within a fully enclosed building except a Outdoor restaurants, cafes or seating areas, complying with the provisions of Section 15 -2- 16 of this Title, b Outdoor wholesale or retail activities customarily conducted outdoors, including, without limitation, lumber yards, nurseries, and periodic outdoor sales, and, c Outdoor recreational activities 2 Before the City approves any development project, the project must meet all requirements of the transportation demand management (TDM) and trip reduction criteria as set forth in Chapter 16 of this Title 3 Other provisions as set forth in Chapter 2 of this Title B Lot Area A minimum of ten thousand (10,000) square feet C Height No budding or structure may exceed sixty -five (65') feet .L D Setbacks 1 Front Yard Twenty five feet (25') minimum 2 Side Yard Zero (0') minimum, unless one of the following conditions exists a If the side yard adjoins a dedicated street, at least twenty five feet (25') must be provided, and ti b' -13- b If the side yard abuts property with a different classification, the side yard setback is the average of the two (2) side yard setbacks, but not less than ten feet (10') 3 Rear Yard Fifteen feet (15') minimum unless one of the following conditions exists a If the rear yard adjoins an alley, dedicated street, public right -of -way, or if the primary access is through the rear yard, at least twenty five feet (25') must be provided, b If the rear yard adjoins a railroad right -of -way, at least ten feet (10') must be provided, and, c If the rear yard abuts property with a different classification, the rear yard setback is the average of the two (2) side yard setbacks, but not less than ten feet (10') Other C -4 Alley or Street Zone Zone I ;Q C N2 C-4 Zone 1 C -4 M, C-4 Zone, other 1 ' Zone Zone N 2 0' 10' Min Min � Min c i rOnL E Lot Frontage 1 Each lot must provide a minimum frontage on a public street of one hundred feet (100'), or, 2 Flag lots are permitted with a minimum stem width of twenty feet (20') at a public street If the flag lot does not provide physical access to a public street, a permanent access easement must be provided from the lot across any contiguous lot or lots which conform with the minimum lot frontage requirement to -14- w I� a public street The easement, and any proposed modification to the easement, requires City review and approval F Building Area The total net floor area of all buildings may not exceed the total net square footage of the property multiplied by 0 275 or an FAR 0 275 1 However additional FAR may be granted by the City pursuant to a Development Agreement = 10,000 sf F.A.R. = 0.275 Bldg, Area = 2,750 sf G Transfer of Development Rights The transfer of development density from one or more donor parcels to any other receiving parcel or parcels is permitted within the C -4 Zone, provided that the requirements of this Section are met 1 Location of Transfer Parcels The donor and receiving parcels must each be located entirely within the C-4 Zone 2 Maximum Net Floor Area (NFA) for a receiving parcel The NFA on any receiving parcel increased in density pursuant to this Section cannot exceed an FAR of 0 6 3 Reduced NFA for a donor Parcel The permitted NFA on any donor parcel decreased in density pursuant to this Section must be reduced by the amount of NFA transferred to one or more receiving parcels 4 Budding Standards for Parcels All buildings must comply with the budding standards of the C -4 Zone 5 A transfer of development rights may be initiated by a person submitting a written application for a transfer to the Planning and Building Safety Department that identifies the donor parcel(s), receiving parcel(s), the amount of NFA proposed to be transferred, and the proposed uses of the donor and receiving parcels 2 '71 -15- 6 Review by the Director of Planning and Budding Safety The Director of Planning and Budding Safety must approve, conditionally approve or deny a transfer plan at a public hearing The Director of Planning and Building Safety must use the following criteria in making a determination a That the transfer meets the objectives of this Title and the purposes of the C -4 Zone b That the proposed transfer will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, C That the proposed transfer complies with each of the applicable provisions of this Chapter, d That the proposed transfer recognizes and compensates for potential impacts that could be generated by the proposed transfer, such as aesthetics, noise, smoke, dust, fumes, vibration, odors, traffic and hazards, and, e That the proposed transfer plan is consistent with the General Plan 7 Notice and Hearing Upon filing of an application for a transfer plan by a property owner or an applicant with the consent of the owner, the Director of Planning and Budding Safety must give public notice, as provided in Chapter 27 of this Title of the intention to consider at a public hearing the granting of a transfer plan 8 Appeal to Planning Commission The applicant or any person affected by the Director of Planning and Budding Safety's decision respecting a transfer plan can appeal that decision to the Planning Commission pursuant to Chapter 25 of this Title 9 Appeal to City Council The applicant or any person affected by the Planning Commission's decision respecting a transfer plan can appeal the Planning Commission's decision to the City Council pursuant to Chapter 25 of this Title -16- 10 Final Approval A transfer plan approved by the Director of Planning and Budding Safety, Planning Commission and /or City Council becomes final upon the completion of all applicable conditions of approval and the following a Legal Assurances A covenant or other suitable, legally binding agreement in a form approved by the City Attorney must be recorded against the affected donor and receiving parcels confirming the transfer of NFA between /among parcels and setting forth any conditions of approval imposed by the City The covenant must be executed by all parties that have a legal or equitable interest in the affected donor and receiving parcels The covenant must confirm that from the date of recording of the covenant, the affected parcels will be burdened by the covenant in perpetuity and the covenant will run with the land and the FAR for the donor parcel and receiving parcel will be set in the covenant pursuant to the FAR allowed at the time of approval of the transfer, and 11 Removal /Modification The Director of Planning and Budding Safety may approve the removal or modification of a covenant if the transfer has not been entirely utilized by a receiving parcel or a different parcel has been identified as a donor parcel The legal and equitable owners of the affected parcels must execute a removal or modification covenant in a form approved by the City Attorney H Walls And Fences Walls and fences must comply with the location requirement of Chapter 2 of this Title A minimum six -foot (6) high masonry wall must be provided along property lines for those yards abutting residential zones A six -foot (6) high wall or fence must be provided along property lines for those yards abutting industrial zones Access All development projects must provide adequate access and facilities for various modes of transit, as required by the City's transportation demand management program in Chapter 16 of this Title In addition, all development projects .7711 -17- "; must provide pedestrian access between buildings and transit facilities located on -site and /or off -site, if within adjoining public rights of way If the budding is part of a multi - budding development project, then safe and convenient pedestrian access must be provided between buildings 15 -5G -7: LANDSCAPING: Landscaping must be provided as required by Section 15 -2 -14 of this Title 15 -5G -8: OFF - STREET PARKING AND LOADING SPACES: Off - street parking and loading spaces shall be provided as required by Chapter 15 of this Title 15 -5G -9: SIGNS: Signs in the C -4 Zone must comply with the requirements of Chapter 18 of this Title " E The City Council should amend ESMC § 15 -15 -6 to read as follows "15 -15 -6: LOADING AREA DEVELOPMENT STANDARDS: Every budding hereafter established, erected, enlarged or expanded for commercial, manufacturing or institutional purposes in the Commercial or Manufacturing Zones listed below must be provided with loading space as set forth below However, for any budding or use enlarged or increased in capacity, additional loading spaces are required only for such enlargement or increase All required loading spaces are in addition to the required on -site parking spaces set forth in Section 15 -15 -3 and must be developed and maintained in accordance with Section 15 -15 -2 Loading spaces may be provided either completely or partially within a budding when such building is designated to include adequate ingress and egress to the loading spaces LOADING SPACE SIZES Space Space Vertical Width Depth Clearance 13 feet 50 feet 16 feet -18- l NUMBER OF LOADING SPACES REQUIRED Required loading spaces for hotel or institutional uses must be provided as set forth in the following schedule Building Floor Area Loading Spaces Required Loading Spaces 0 — 999 sq ft 0 Required Waiting Zone Budding Floor Area Spaces Required SB & MM 0 - 10,000 sq ft 0 10,000 - 25,000 sq ft 1 C -3, CO, MU -N, MU- 0 - 999 sq ft 0 S, M -1, M -2 1,000 - 25,000 sq ft 1 C -3, C -4, CO, MU -S, 25,001 - 100,000 sq ft 2 MU -N, M -1, M -2, SB, MM 100,001 - 250,000 sq ft 3 Each additional 100,000 sq ft or 1 fraction thereof Over 1,000,000 sq ft 1 for every 5 loading spaces Each space 13'W x 501 x 16'H 0 - 25,000 sq ft 0 (single- tenant bldg ) C 4 0 - 25,000 sq ft 1 for each (multi- tenant bldg) tenant over 10,000 sq ft Required loading spaces for hotel or institutional uses must be provided as set forth in the following schedule Building Floor Area Loading Spaces Required Waiting Spaces Required 0 — 999 sq ft 0 _19_ l ;, 1,000 - 15,000 sq ft 1 15,001 - 75,000 sq ft 2 Each additional 100,000 sq ft or fraction thereof 1 Over 1,000,000 sq It Loading spaces within the boundaries of the Smoky Hollow Specific Plan should be located on the side or in the rear of buildings whenever possible If located in the front yard, the loading platform must be set back from the front property line a minimum of 30 feet Commercial or manufacturing zoned lots or parcels that are less than 6,000 square feet in area must provide an on -site loading space area that is not less than 12 feet wide and comprised of an area equal to not less than 8% of the lot or parcel area and in no case can such loading area be less than 360 square feet " F Subject to the conditions listed on the attached Exhibit "C," which are incorporated into this Ordinance by reference, the City Council approves Development Agreement No 03 -1, General Plan Amendment No 03-4 & 03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 SECTION 8 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 9 This Resolution will remain effective until superseded by a subsequent resolution SECTION 10 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 11 This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption PASSED, APPROVED AND ADOPTED this 1st day of March 2005. Kelly McDowell, Mayor �9G -20- ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the 15th day of February 2005, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1st day of March, 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney P \Planning & Building Safety \Protects \626- 650\Ea- 631 \Council Agenda Packet\2 -15 -05 hearing \EA -631 ord 2 -15 -05 doc �. l f ZIMMIOWOMMO 0 City Council Ordinance No. EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND ROSECRANS - SEPULVEDA PARTNERS, LLC (AREA A) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868 5 44386 \1060366v11 vs 1060366v10 TABLE OF CONTENTS Page 1 Recitals 1 2 Property Subject to this Agreement 3 3 Binding Effect 3 3 1 Constructive Notice and Acceptance 3 3 2 Rights to Assign 3 3 3 Liabilities Upon Transfer 3 4 Development of the Property 4 4 1 Permitted Uses, Density 4 4 2 Development Standards 5 4 3 Building Standards 5 4 4 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications 5 4 5 Use of Easements 1 6 5 Vesting of Development Rights 6 5 1 Applicable Rules 6 5 2 Entitlement to Develop 6 5 3 Subsequent Enactments 6 5 4 Future Approvals 6 5.5 Plan Review 8 5 6 Timing of Development 8 5 7 Term 8 5 8 Issuance of Building Permits 9 5 9 Satisfaction of Mitigation Measures and Conditions 9 510 Moratorium 1 9 44386\1060366v11 vs 1060366v10 1 4 is 1 44386 \1060366v11 vs 1060366v10 it 5 11 Performance of City Planning and Building Safety Director Duties 9 6 Developer Agreements 9 6 1 General 9 6 2 Development Fees 9 6 3 Maintenance Obligations 10 6 4 Term of Map(s) and Other Project Approvals 10 6 5 Sales and Use Tax 10 6 6 Aquatic Payment 10 6 7 Future Construction Activity 10 6 8 Contribution to Downtown 11 7 City/Developer Agreements 11 7 1 Expedited Processing 12 7 2 Processing Cooperation and Assistance 12 7 3 Processing During Third Party Litigation 12 8 Modification/Suspension 12 9 Demonstration of Good Faith Compliance 12 9 1 Review of Compliance 12 9 2 Good Faith Compliance 12 9 3 Information to be Provided to Developer 13 9 4 Notice Of Non - Compliance, Cure Rights. 13 9 5 Determination of Developer's Compliance 13 9 6 Failure of Periodic Review, 13 10 Excusable Delays 13 11 Default Provisions 14 111 Default 14 4 is 1 44386 \1060366v11 vs 1060366v10 it 44386 \1060366v11 vs 1060366v10 ul �: 8 Z 112 Content of Notice of Violation 14 11 3 Remedies for Breach 14 12 Mortgagee Protection 14 121 Mortgage Not Rendered Invalid 15 122 Request for Notice to Mortgagee 15 123 Mortgagee's Time to Cure 15 124 Cure Rights 15 125 Bankruptcy 15 126 Disaffirmation 16 13 Estoppel Certificate 16 14 Administration of Agreement 16 141 Appeal of Staff Determinations 16 142 Operating Memoranda 16 143 Certificate of Performance 17 15 Amendment or Termination by Mutual Consent 17 16 Indemnification/Defense 17 16 1 Indemnification 17 16 2 Defense of Agreement 17 17 Time of Essence 17 18 Effective Date 18 19 Notices 18 20 Entire Agreement 19 21 Waiver 19 22 Severability 19 23 Relationship of the Parties 19 44386 \1060366v11 vs 1060366v10 ul �: 8 Z 24 No Third Party Beneficiaries 19 25 Recordation of Agreement and Amendments 19 26 Cooperation Between City and Developer 19 27 Rules of Construction 19 28 Joint Preparation 20 29 Governing Law and Venue 20 30 Attorneys' Fees 20 31 Counterparts 20 32 Weekend/Holiday Dates 20 33 Not a Public Dedication 20 EXHIBIT A — PROPERTY DESCRIPTION A -1 EXHIBIT B — ASSIGNMENT AND ASSUMPTION AGREEMENT B -1 EXHIBIT C — LIST OF TENANTS C -1 DEFINITIONS D -1 " IV 44386 \1060366v11 vs 1060366v10 4�" DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement ") is made and entered into by and between the CITY OF EL SEGUNDO, a municipal corporation (referred to hereinafter as "City ") and ROSECRANS- SEPULVEDA PARTNERS, LLC, a California limited liability company (referred to hereinafter as "Developer ") as of this day of 2005 City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties " In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows 1 Recitals This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties 1 1 Pursuant to Government Code Section 65865 et sea , City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property for the development of such property 12 Developer has an option to acquire from the property owner and has been authorized to execute this Agreement by the property owner with respect to approximately 42 acres of real property located in the City, as more specifically described by the legal description set forth in Exhibit "A ", which exhibit is attached hereto and incorporated herein by this reference (the "Property" or "Area A ") 13 Developer desires to develop the Property as a retail complex comprised of approximately four - hundred twenty -five thousand (425,000) square feet that is projected to include large retail stores, specialty retail stores, sit -down restaurants and other uses, which may include a fitness center and spa and a small recreational area (the "Projeef') 14 City has certified a Final Environmental Impact Report for Environmental Assessment No 631 (SCH No 2003121037) (the "EIR "), and has approved the Mitigation Monitoring Plan for the EIR, General Plan Amendment No 03 -4, Zone Change No 03 -2, Zone Text Amendment No 04 -2, Subdivision No 03 -7 (Vesting Tentative Tract No 061630), and this Development Agreement No 03 -1 (the foregoing are collectively referred to as the "Project Approvals ") Developer's application for the Project Approvals was deemed complete by the City on November 10, 2004 Concurrently with the City's approval of the Project Approvals, City has also, as part of General Plan Amendment No 03 -5, Zone Change No 03 -3 and Zone Text Amendment No 04 -1, re- designated and rezoned other property in the vicinity of the Property with a "Commercial Center (C -4)" land use and zoning designation (the "Other CA Property ") a portion of which (approximately 13 acres) Developer has an option to acquire from Owner and the balance of which (approximately 42 acres) is owned by third parties 1 5 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals, Applicable Rules and this Agreement In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement 44386 \1060366v11 vs 1060366v10 1 February 8, 2005 UU el 16 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals, the Applicable Rules (as hereinafter defined) and this Agreement In consideration thereof, Developer agrees to waive its rights, if any, to challenge legally the limitations on density and use imposed upon development of the Property and other restrictions and obligations set forth in this Agreement 17 City and Developer have acknowledged and agreed that the consideration that is to be exchanged pursuant to this Agreement is fair, ,just and reasonable and that this Agreement is consistent with the General Plan of City 18 This Agreement is intended to provide flexible entitlements, within the parameters set forth herein and subject to the terms and conditions hereof, to meet the changing market demands that are likely to occur throughout the buildout of the Project 1.9 The proposed Project uses are consistent with the City's General Plan, as amended, (the "General Plan") 1 10 Development of the Project will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others, the following 1 10 1 Fulfilling long -term economic and social goals for City and the community, 1 10 2 Providing fiscal benefits to City's general fund in terms of increased employment and utility, business license, property and other tax revenues, which are anticipated to exceed $1,000,000 annually, 1 10 3 Providing both short-term construction employment (estimated to be approximately 250 persons) and long -term permanent employment (estimated to be approximately 952 persons) within City, 1 10 4 Phasing the construction of public infrastructure improvements with private development, 1 10 5 Eliminating blighted areas and providing an attractive urban destination, 1 10 6 Facilitating environmental remediation on and around the Property, 1 10 7 Funding planned circulation element improvements at no cost to the City, and 1 10 8 Creating significant offsite public improvements, including streets, signals, medians and landscaping r, u 44386 \1060366v11 vs 1060366v10 2 February 8, 2005 1 11 On November 15, 2004, the Planning Commission of the City commenced a duly noticed public hearing on this Agreement, continued the public hearing to December 15, 2004 and at the conclusion of the hearing recommended approval of the Agreement 1 12 On _, 2005, the City Council of the City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing certified the EIR by Resolution No and approved this Agreement by Ordinance No (the "Enabling Ordinance ") 2 Property Subiect to this Agreement All of the Property shall be subject to this Agreement 3 Binding Effect ffect The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to the City and the Developer to the extent the Developer ultimately exercises its option to purchase the Property and each successive successor in interest thereto and constitute covenants that run with the Property Any and all rights and obligations that are attributed to the Developer under this Agreement shall run with the land 3 1 Constructive Notice and Acceptance Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer r has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest 32 Rights to Assign Developer may assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time during the term of this Agreement without approval of the City 33 Liabilities Upon Transfer Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of all or any portion of the Property, Developer will be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred ansmg subsequent to the effective date of such transfer, if (i) Developer has provided to the City prior or subsequent written notice of such transfer and (u) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred by executing an Assignment and Assumption Agreement in the form of Exlubit `B" attached hereto Upon any transfer of any portion of the Property and the express assumption of Developer's obligations under this Agreement by such transferee, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee Any such transferee shall be entitled to the benefits of this Agreement as "Developer" hereunder and shall be subject to the obligations of this Agreement applicable to the parcel(s) transferred A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Property not owned by such transferee, The transferee shall be responsible for satisfying the good faith compliance requirements set forth in Section 9 below relating to the portion of the Property owned by such 44386\060366x11 vs 106036600 3 February 8, 2005 transferee, and any amendment to this Agreement between the City and a transferee shall only affect the portion of the Property owned by such transferee. 4. Development of the Property The following provisions shall govern the subdivision, development and use of the Property 41 Permitted Uses, Density The permitted and conditionally permitted uses of the Property are those set forth in the City's Municipal Code which are applicable to the Property/Project, except 4 1 1 Food To Go Restaurant "Food to go" restaurants (defined in Section 15 -1 -6 of the El Segundo Municipal Code) are not permitted or conditionally permitted uses 4 12 Grocery Store For a period of one (1) year following the date that the permitted 425,000 of developable floor area of the Project is ninety percent (90 %) occupied (the "Whole Foods Period "), a grocery store will only be a permitted use to the extent it is a "Whole Foods" grocery store During the Whole Foods Period, the Developer shall have the right to request that the City Council approve of a grocery store other than "Whole Foods" and the Council may approve or deny such request in its sole discretion 4 1 3 Fast Food Restaurants Unless such use is incidental to the primary business of an occupant of a building, "Fast food" restaurants shall not be allowed within 150 feet of Sepulveda Boulevard, or south of the current locations of the Union Pacific Railroad or the Burlington Northern Santa Fe Railroad lines "Fast food" restaurant is defined as "A restaurant where customers purchase food and beverages and either consume the food and beverages on the premises within a short period of time or take the food and beverages off the premises Typical characteristics of a fast food restaurant include but are not limited to, the purchase of food and beverages at a walk -up window or counter, no table service by a server, payment for food and beverages prior to consumption, and the packaging of food and beverages in disposable containers A restaurant shall not be considered a fast food or take -out restaurant solely on the basis of incidental or occasional take -out sales " 4 14 Banks and Day Spas One Bank shall be permitted One day spa with a minimum floor area of 5,000 square feet shall be permitted 4,1 5 Restaurants A minimum of two (2) full service, sit down restaurants that serve both lunch and dinner, which have at least 6,000 square feet of floor area (including outdoor dining facilities) ( "Full Service Restaurant ") shall be constructed, provided, however, if Developer is not able to lease space to a second Full Service Restaurant within two (2) years following the date the Project is ninety percent (90 %) occupied, the requirements of this Section 4 1 5 shall be reduced from two (2) to one (1) Full Service Restaurant 4 1 6 Health Clubs and Fitness Centers 28i 44386 \10603001 vs 1060366v10 4 February 8, 2005 No health club or fitness center shall be permitted 42 Development Standards All design and development standards that shall be applicable to the Property ( "Development Standards ") are set forth in the El Segundo General Plan, the El Segundo Municipal Codes, the Applicable Rules, the Project Approvals, and this Agreement Additionally, the following restrictions apply 4 2 1 Tenant Lease Space No uses within the Project shall exceed 125,000 square feet of floor area in size 4 2 2 Limitations on Minimum Square Footage of Buildings and Space Except with respect to the two restaurants identified in Section 4 15 above, a maximum of 75,000 square feet of the allowable building area allowed on the Property can be developed and/or utilized for uses that occupy less than 10,000 square feet of building space With respect to such 75,000 square feet, a maximum of 8 building pads (exclusive of the "Full Service Restaurants" referred to in Section 4 15 above) may be less than 10,000 square feet each Moreover, no building pads on the Property may be less than 5,000 square feet in size Additionally, with respect to the 75,000 square feet, only those uses identified on Exhibit "C" shall be allowed to occupy less than 1,500 square feet of building space or uses which are the reasonable equivalents of the specific businesses listed in Exhibit "C" as determined by the Planning and Building Safety Director in his or her sole discretion In addition, the Developer shall have the right to request that the City Council approve of deviations from the restrictions set forth in this Section 4 2 2 and the City Council may approve or deny such requests in its sole discretion As used in this Agreement, the term "building pad" shall be defined to mean the total ground floor area of any individual building constructed on the Property 4 2 3 Transfer of Development Rights The Developer shall have the right to transfer floor area between parcels that are created within Area A as a part of the Project Approvals so long as no parcel exceeds a floor area ratio of 0 6 1 Such transfers of floor area shall be recorded against the properties involved in the transfer of floor area in accordance with the requirements of the C -4 Zoning The Planning and Building Safety Director or designee must review the application for transfer of floor area to ensure conformity with the requirements of this Section 4.2 3. This review shall not be subject to a public hearing process. Transfer of floor area from properties located outside of Area A to any parcel within Area A is strictly prohibited 43 Building Standards All construction on the Property shall adhere to the California Building Code, the California Electrical Code, the California Mechanical Code, the Uniform Sign Code, the Uniform Code for Abatement of Dangerous Buildings, and Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively the `Building Codes ") 44 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Applicable Rules, the Protect Approvals and this Agreement Additionally, Developer shall pay all applicable fees that are in effect at the time that fees are required to be paid pursuant to � � c 44386 \1060366v11 vs 1060366v10 5 February 8, 2005 Section 6 2 of this Agreement This Section shall not be construed to limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, building permits and other similar permits, which fees are designed to reimburse City's actual expenses attributable to such application, processing and permitting and are in force and effect on a City -wide basis at such time as said approvals and permits are granted by City 45 Use of Easements Notwithstanding the provisions of the Applicable Rules, easements dedicated for vehicular and pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable, environmental remediahon and other utilities and facilities so long as they do not unreasonably interfere with pedestrian and/or vehicular use Vesting of Development Rights 5 1 Applicable Rules The Applicable Rules shall consist of the following. 5 1 1 The General Plan, as it exists on the Effective Date, 5 12 The City's Municipal Code, including the Zoning Code, as the Municipal Code exists on the Effective Date; 5 1 3 Such other laws, ordinances, rules, regulations, and official policies governing permitted uses of the Property, density, design, improvement, and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement 52 Entitlement to Develop The Developer is hereby granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and any future approvals applied for by the Developer and granted by the City for the Project or the Property (the "Future Approvals "), 53 Subsequent Enactments Any change in the Applicable Rules, including, without limitation, any change in any applicable general plan or specific plan, zoning, or subdivision regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or any other board, agency, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be (collectively the "Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the Property, shall not be applied by the City to any part of the Property 54 Future Approvals 5 4 1 Minor Modifications to Protect Developer may make minor changes to the Project and Project Approvals ( "Minor Modifications ") without amending this Agreement upon the administrative approval of the City of El Segundo Director of Planning and Building Safety (the "City Planning and Building Safety Director ") or designee, provided that such modifications are consistent with the Development Standards, Applicable Rules and Project 4.O,) 44386 \1060366v11 vs 1060366v10 6 February 8, 2005 Approvals The City shall not unreasonably withhold or delay approval of any Minor Modification The City shall have the right to impose reasonable conditions in connection with Minor Modifications, provided, however, such conditions shall not (a) be inconsistent with the Applicable Rules, the Project Approvals or with the development of the Project as contemplated by this Agreement, (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct, interfere with, or place unreasonably burdensome or restrictive measures or requirements upon development of the Project or the Property or any portion thereof, or (c) impose additional dedications, infrastructure or public improvement obligations, fees, or exactions in excess of those identified in the Applicable Rules, the Project Approvals, or this Agreement 5 4 2 Modification of Project Approvals It is contemplated by City and Developer that Developer may, from time to time, pursuant to Section 5 4 1 seek amendments to one or more of the Project Approvals Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are authorized pursuant to this Section 5 4 2 and shall, upon approval by City, continue to constitute the Project Approvals as referenced herein The parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement 5 4 3 Modifications Requiring_ Amendment to this Agreement Any proposed modification to the Project which results in any of the following shall not constitute a Minor Modification but rather shall constitute a Major Modification and shall instead require an amendment to this Agreement pursuant to Section 14 below- (a) Any decrease in the required building setbacks as set forth in the C -4 Zone, (b) Any increase in the total developable square footage of the entire Property in excess of the maximum FAR allowed under the C -4 Zone, (c) Any increase in height of buildings or structures on the Property above 65 feet, (d) Any decrease in the minimum required lot area as set forth in the C -4 Zone, (e) Any decrease in the minimum required lot frontage as set forth in the C -4 Zone, (f) Any change to the requirements of the transfer of development rights as set forth in the C -4 Zone, (g) Any increase in the maximum number of A M and P M peak hour vehicle trips for the Project as specified in the conditions of approval and Mitigation Monitoring and Reporting Program (MMRP), unless a subsequent traffic report has been prepared to the reasonable satisfaction of the City's Planning and Building Safety Director that identifies potential impacts and proposes feasible mitigation measures to mitigate such impacts and otherwise complies with CEQA, n,'� A- 1 1 44386V060366v11 vs 1060366v10 7 February 8, 2005 (h) Any change in use to a use which is not permitted under this Agreement, (i) Any deviation from the uses and development standards or limitations set forth in Section 4 1 and Section 4 2 of this Agreement, except to the extent these Sections specifically provide for the Council to approve of alternative uses or square footage requirements, and, �) Any material modification to Developer's obligation to dedicate the public roadways to the City as provided in the conditions of approval and the MMRP Other than the Major Modifications listed above, all other modifications to the Project shall be considered "Minor Modifications " 5 5 Plan Review Plans for each building on the Property, including plans for signage, trash enclosures and screening and landscaping, shall be reviewed and approved by the City Planning and Building Safety Director prior to issuance of a building permit, provided, however, that, notwithstanding anything to the contrary contained in the Applicable Rules, the sole purpose of such review shall be to verify consistency with the Development Standards, Applicable Rules and Project Approvals The City Planning and Building Safety Director shall approve all features which are consistent with the Development Standards, Applicable Rules or Project Approvals or are otherwise specifically approved by this Agreement and shall have no authority to disapprove or conditionally approve any features or matters which are consistent with or otherwise which have been specifically approved by this Agreement 5.6 Timing of Development In Pardee Construction Co v City of Camarillo (Pardee), 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment subject to the term of this Agreement In furtherance of the Parties' intent, as set forth in this Section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property However, nothing in this Section shall be construed to limit City's right to enforce Developer's obligation pursuant to this Agreement to provide all infrastructure required by the Project Approvals and this Agreement 5 7 Term This Agreement shall be in effect for a period of eight (8) years from the effective date of the Ordinance establishing this Agreement However, Developer or City shall be entitled to, by written notice to the other Party prior to the Agreement's expiration, < ill 44386 \1060366v11 vs 1060366v10 8 February 8, 2005 one (1) five (5) -year extension, provided that the requesting Party is not in material default of its obligations hereunder at such time 5 8 Issuance of Building Permits No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from the Developer if all infrastructure required to serve the portion of the Property covered by the building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City prior to completion of construction and all of the other relevant provisions of the Project Approvals, Future Approvals and this Agreement have been satisfied 59 Satisfaction of Mitigation Measures and Conditions In the event that any of the mitigation measures or conditions required of Developer hereunder have been implemented by others, Developer shall be conclusively deemed to have satisfied such mitigation measures or conditions, consistent with CEQA. If any such mitigation measures or conditions are rejected by a governmental agency with jurisdiction, the Developer may implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's satisfaction, in lieu of the rejected mitigation measures or conditions Such substitution shall be deemed to be a Minor Modification pursuant to Section 5 4 1 above 5 10 Moratorium The City shall not impose a moratorium on the Property unless such is necessary to protect a significant threat to the health, safety and welfare of the City 5 11 Performance of City Planning and Building Safety Director Duties If the City determines at any time during the term of this Agreement that the duties to be performed by the City Planning and Building Safety Director under this Agreement will be performed by one or more staff members other than the Planning and Building Safety Director, the City shall endeavor to notify the Developer of such change The City shall ensure that a person or persons are designated at all times to carry out the duties of the Planning and Building Safety Director set forth in this Agreement Developer Agreements 6.1 General The Developer shall comply with (i) this Agreement, (u) the Project Approvals, including without limitation all mitigation measures required by the determination made pursuant to the California Environmental Quality Act, and (iii) all Future Approvals for which it is the applicant or a successor in interest to the applicant 62 Development Fees Subject to the provisions of Section 4 4 above, Developer shall pay the development fees in effect at such time that building permits are issued for the project The Developer shall be entitled to credits against the City's traffic mitigation fees to the extent off -site traffic improvements that are required by the Project Approvals are included in any subsequent traffic fee mitigation program adopted by the City pursuant to Government Code Section 66000 et seq Such credits shall be based upon the actual audited costs and shall only be granted to the extent such improvements are constructed in accordance with all applicable state and local laws The Developer waives any and all rights it may have to 44386 \1060366v11 vs 1060366v10 9 February 8, 2005 challenge development fees that are currently applicable to development within the City and the City's right to amend its current development fees and/or impose additional development fees However, the Developer retains the legal right to challenge the amount of any such amended or increased development fees to the extent such are not in compliance with the requirements of Government Code Section 66000 et seq as well as it right to receive credits against such amended or increased fees 63 Maintenance Obligations The Developer shall maintain all portions of the Property in its possession or control, and any improvements thereon, in a first class clean, neat and orderly manner. The Parties' respective maintenance obligations shall survive any termination or expiration of this Agreement 64 Term of Maps) and Other Project Approvals Pursuant to California Government Code Sections 66452 6(a) and 65863 9, the term of any subdivision or parcel map that has been or in the future may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 5 10 above 65 Sales and Use Tax (a) In the event the contract price for any work on the Project is valued at five million dollars ($5,000,000) or more, Developer agrees to report, on a State Board of Equalization Tax Return, any purchases of tangible personal property made in connection with the finishing of and/or installation of materials, or fixtures for the Project, when such purchases were made without sales or use tax due Developer shall indicate the City as a registered job site location on the State Board of Equalization Tax Return In such event, Developer shall also obtain a permit or a sub - permit from the State Board of Equalization indicating the City as the registered,job site location, in accordance with State Board of Equalization Operations Memorandum No 1023 (b) Developer further agrees that if Developer retains contractors or subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are valued at five million dollars ($5,000,000) or more, said contracts or subcontracts shall contain the provisions set forth in Subsection (a) above. (c) The Director of Administrative Services of the City is authorized to relieve Developer, and Developer's contractors and subcontractors, from the requirements set forth in this Section 6 5 upon proof to the reasonable satisfaction of the Director of Administrative Services that Developer and/or its contractors or subcontractors have made good faith efforts to obtain said permit or sub - permits, but were denied the same by the State Board of Equalization 66 Aquatic Payment Developer upon issuance of the first building permit for the Project shall pay the City $1 5 million for purposes of the City using the funds to repair, improve, and/or construct aquatic facilities within the City 67 Future Construction Activities The development of the C4 Zone, which Zone was established concurrently with this Agreement, will likely involve the construction of 44386\1060366v11 vs 1060366v10 10 February 8, 2005 significant public infrastructure improvements in the future (for example, public roadways and utilities) The Developer, owners and occupants of the Property are hereby on notice that such construction activities may result in a reduced but not a lack of access to the Property and other temporary physical and financial negative impacts to the Property and the uses thereon due to noise, dust, vibration and other normal and temporary construction related impacts Developer, owners and occupants of the Property agree not to file any claims or legal or equitable actions against the City or the developers of the C -4 Zone relating to, or ansmg from, such temporary negative impacts associated with such public improvement construction activities that seek to enjoin the construction activities or seek damages based upon or ansmg out of alleged or actual temporary business interruption to or temporary business financial losses incurred by the Developer, owners or occupants of the Property This provision shall survive the termination of this Agreement and shall remain in effect for a period of 30 years from the effective date of this Agreement 68 Contribution to Downtown Developer agrees to pay the City $125,000 upon the earlier of (1) the expiration of the statute of limitation for challenging the Project Approvals with no challenge having been filed, or (2) upon a final court judgment or settlement of litigation which results in the Developer being allowed to proceed with development of the Property, Thereafter, developer shall pay the City an additional $125,000 within one year of the date upon which the developer was obligated to make the first $125,000 payment to the City These funds paid to the City shall be used for purposes of enhancing, promoting, or maintaining the public right of ways adjacent to the business and properties within the Downtown Specific Plan area The City shall form a subcommittee with representatives from the City and business community for purposes of forming recommendations to the City Council with respect to the expenditure of such funds 69 Third -Party Agreements Restricting Uses on Property Developer warrants and represents that it has not and will not enter into any agreements with third - parties, or record any restrictions against the Property, which directly or indirectly limit the potential uses or building standards for the Property in any respect, including but not limited to the particular retailers, types and/or sizes of structures or businesses, types of uses, or the owners of any businesses allowed on the property The Developer may request that the City consent to any such restriction which consent may be withheld in the City's sole discretion The provisions of this Section 6 9 shall not apply to, or affect or restrict the terms of (a) any lease between the Developer and a bona fide tenant of the Property for purposes of restricting competition relating to the tenant's business, (2) any purchase and sale agreement between the Developer and a retail business /purchaser of one or more parcels of the Property for purposes of restricting competition relating to the retailer's business, or (3) any agreement or permit between the Developer and any federal, state or regional regulatory agency (not including counties or cities), such as the Corps of Engineers, the Environmental Protection Agency, the Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public Utilities Commission, the Regional Water Quality Control Board and the California Department of Fish and Game relating to hazardous materials or sensitive or protected biological habitats or species located on or near the Property 7 City/Developer Agreements 44386 \1060366v11 vs 1060366v10 ] ] February 8, 2005 7 1 Expedited Processing The City shall process, at Developer's expense, in an expedited manner all plan checking, excavation, grading, building, encroachment and street improvement permits, Certificates of Occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Protect in accordance with the City's accelerated plan check process under the Applicable Rules Without limiting the foregoing, if requested by Developer, the City agrees to utilize private planners and plan checkers (upon Developer's request and at Developer's cost) and any other available means to expedite the processing of Project applications, including concurrent processing of such applications by various City departments. 72 Processing Cooperation and Assistance To the extent permitted by law, the City shall reasonably cooperate with the Developer in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi - governmental entity in connection with the development of the Projector the Property Without limiting the foregoing, the City shall reasonably cooperate with the Developer in any dealings with federal, state and other local governmental and quasi - governmental entities concerning issues affecting the Property The City shall endeavor to keep the Developer fully informed with respect to its communications with such agencies which could impact the development of the Property 73 Processing During Third Party Litigation The filing of any third party lawsuit(s) against the City or the Developer relating to this Agreement, the Project Approvals, any Future Approvals or to other development issues affecting any portion of the Property or the Project shall not hinder, delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of ministerial permits or approvals, unless the third party obtains a court order preventing the activity 8 Modification/Suspension Pursuant to Government Code Section 65869 5, in the event that any state or federal law or regulation, enacted after the Effective Date (as defined in Section 18), precludes compliance with any provision of this Agreement, such provision shall be deemed modified or suspended to the extent practicable to comply with such state or federal law or regulation, as reasonably determined necessary by City Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof upon the Agreement, the provisions hereof shall be restored to their full original effect Demonstration of Good Faith Compliance 91 Review of Compliance In accordance with Government Code Section 65865 1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary of the Effective Date ( "Periodic Review "), the City Planning and Building Safety Director shall review the extent of the Developer's good faith substantial compliance with the terms and provisions of this Agreement as well as the performance by the City of its obligations under this Agreement 92 Good Faith Compliance During each Periodic Review, the Developer shall demonstrate by written status report that, during the preceding twelve (12) month period, 44386 \1060366v11 vs 1060366v10 12 February 8, 2005 that it has been in good faith compliance with this Agreement For purposes of this Agreement, the phrase "good faith compliance" shall mean that the Developer has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with the Developer's material obligations under this Agreement 93 Information to be Provided to Developer The City shall deliver to the Developer a copy of all staff reports prepared in connection with a Periodic Review, any prior staff reports generated during the review period, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review, but in no event later than six (6) business days prior to the City Planning and Building Safety Director's submittal of a report setting forth his or her determination as to the results of the Periodic Review Subject to the provisions of Section 14 1 below, upon the Developer's request, the Developer shall be given a full and adequate opportunity to be heard orally and in writing regarding its performance and, at its option, the City's performance under the Agreement prior to the completion of the City Planning and Building Safety Director's Periodic Review 94 Notice Of Non - Compliance, Cure Rights Subject to the provisions of Section 14 1 below, if at the completion of any Periodic Review, the City Planning and Building Safety Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (1) the Developer has not demonstrated that it is in good faith compliance with this Agreement, and (u) that the Developer is out of compliance with a specific substantive term or provision of this Agreement, then the City Planning and Building Safety Director may issue and deliver to the Developer a written Notice of Violation as set forth in Section 11 1 below 95 Determination of Developer's Compliance If the City Planning and Building Safety Director determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the City Planning and Building Safety Director's determination shall be deemed final and non - appealable If the Developer appeals to the Planning Commission a determination by the City Planning and Building Safety Director that the Developer is not in compliance with this Agreement and the Planning Commission determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the Planning Commission's determination shall be deemed final and non - appealable If the Developer appeals to the City Council a determination by the Planning Commission that the Developer is not in compliance with this Agreement and the City Council determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the City Council's determination shall be deemed final and non - appealable 96 Failure of Periodic Review The City's failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement 10 Excusable Delays Performance by any Party of its obligations hereunder shall be excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Party as soon as reasonably possible after the same has been ascertained For purposes hereof, Excusable Delay shall mean delay that 2JC 44386\1060366vll vs 1060366v10 13 February 8, 2005 directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation (a) act of God, (b) civil commotion, (c) not, (d) strike, picketing or other labor dispute, (e) shortage of materials or supplies, (f) damage to work in progress by reason of fire, flood, earthquake or other casualty, (g) reasonably unforeseeable delay caused by a reasonably unforeseeable restriction imposed or mandated by a governmental entity other than City, (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Future Approval or any other action necessary for development of the Property, (1) delays caused by any default by City or the Developer hereunder, or 0) delays due to the presence or remediation of hazardous materials The term of this Agreement shall be extended by any period of Excusable Delay 11 Default Provisions 11 1 Default Either Party to this Agreement shall be deemed to have breached this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of violation (the "Notice of Violation ") from the non - breaching Party to the breaching Party, which period of time shall not be less than ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice is deemed received, provided if the breaching Party cannot reasonably cure a non - monetary default within the time set forth in the notice, then the breaching Party shall not be in default if it commences to cure the default within such time limit and diligently effects such cure thereafter If the City determines that a default may have occurred, the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code Sections 65867 and 65868 At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard If the City Council finds based upon the evidence that the Developer is in breach of this Agreement, the City Council may modify or terminate this Agreement 112 Content of Notice of Violation Every Notice of Violation shall state with specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, (including references to the pertinent provisions of this Agreement), the portion of the Property involved, and the manner in which the breach may be satisfactorily cured The notice shall be deemed given in accordance with Section 19 hereof 113 Remedies for Breach The Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this subsection The remedies for breach of this Agreement by City or Developer shall be limited to injunctive relief and/or specific performance 12 Mortgagee Protection This Agreement shall not prevent or limit the Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device The City acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain Agreement interpretations and agrees, upon request, from time to time, to meet with the Developer and representatives of such lender(s) to provide within a reasonable time period the City's response to such requested interpretations The City will not unreasonably withhold its 2J7 44386A1060366v11 vs 1060366v10 14 February 8, 2005 consent to any such requested interpretation, provided that such interpretation is consistent with the intent and purposes of this Agreement Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at a .judicial or non - judicial foreclosure sale or a person or entity who obtains title by deed -in-lieu of foreclosure on the Property shall be entitled to the following rights and privileges 12 1 Mortgage Not Rendered Invalid Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the hen of any mortgage or deed of trust on the Property made in good faith and for value No Mortgagee shall have an obligation or duty under this Agreement to perform the Developer's obligations, or to guarantee such performance, prior to taking title to all or a portion of the Property 122 Request for Notice to Mortgagee, The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive a copy of any Notice of Violation delivered to the Developer 123 Mortgagee's Time to Cure The City shall provide a copy of any Notice of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to the Developer The Mortgagee shall have the right, but not the obligation, to cure the default for a period of thirty (30) days after receipt of such Notice of Violation Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee shall have until thirty (30) days after the date of obtaining such possession to cure or, if such default cannot reasonably be cured within such period, to commence to cure such default, provided that such default is cured no later than one (1) year after Mortgagee obtains such possession 124 Cure Rights Any Mortgagee who takes title to all of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, shall succeed to the rights and obligations of the Developer under this Agreement as to the Property or portion thereof so acquired, provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of the Developer ansing prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary or non - monetary obligations due under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been satisfied 125 Bankruptcy If any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason of any action by any court having .jurisdiction of any bankruptcy or insolvency proceedings involving the Developer, the times specified in Section 12 3 above shall be extended for the period of the prohibition, except that any such extension shall not extend the tern of this Agreement 44356 \1060366vll vs 1060366v10 15 February 8, 2005 126 Disaffirmation If this Agreement is terminated as to any portion of the Property by reason of (1) any default or (u) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for the Developer or its property, the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section 13 Estoppel Certificate At any time and from time to time, the Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party (1) this Agreement is in full force and effect and a binding obligation of the Parties, (u) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. The failure of the City to deliver such a written notice within such time shall constitute a conclusive presumption against the City that, except as may be represented by the Developer, this Agreement is in full force and effect without modification, and that there are no uncured defaults in the performance of the Developer The City Planning and Building Safety Director shall be authorized to execute, on behalf of the City, any Estoppel Certificate requested by the Developer City acknowledges that a certificate maybe relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest 14 Administration of Agreement 141 Appeal of Staff Determinations Any decision by City staff concerning the interpretation or administration of this Agreement or development of the Property in accordance herewith may be appealed by the Developer to the Planning Commission, and thereafter, if necessary, to the City Council pursuant to the El Segundo Municipal Code The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this Section All decisions by the City Staff concerning the administration of this Agreement and the Project which is the subject hereof are appealable to the Planning Commission and thereafter, if necessary, to the City Council Final determinations by the City Council are subject to judicial review subject to the restrictions and limitations of California law 142 Operating Memoranda The provisions of this Agreement require a close degree of cooperation between City and Developer During the Term of this Agreement, clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the details of performance of City and Developer If and when, from time to time, during the terms of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by City and the Developer. Operating memoranda are not intended to �l 9,J 44386 \1060366v11 vs 1060366v10 16 February 8, 2005 and shall not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore public notices and hearings shall not be required The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clanfication may be effectuated pursuant to this Section or whether the requested clanfication is of such character to constitute an amendment hereof which requires compliance with the provisions of Section 15 below The authority to enter into such operating memoranda is hereby delegated to the City Planning and Building Safety Director, and the City Planning and Building Safety Director is hereby authorized to execute any operating memoranda hereunder without further City Council action 143 Certificate of Performance Upon the completion of the Project, or the completion of development of any parcel within the Protect, or upon completion of performance of this Agreement or its earlier revocation and termination, the City shall provide the Developer, upon the Developer's request, with a statement ( "Certificate of Performance ") evidencing said completion or revocation and the release of the Developer from further obligations hereunder, except for any ongoing obligations hereunder. The Certificate of Performance shall be signed by the appropriate agents of the Developer and the City and shall be recorded in the official records of Los Angeles County, California Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093 15 Amendment or Termination by Mutual Consent Except as otherwise set forth herein, this Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and the Developer, and upon compliance with the provisions of Government Code Section 65867 16 Indemnification/Defense 16 1 Indemnification. The Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments ansing out of, or resulting in anyway from, the Developer's performance pursuant to this Agreement except to the extent such is a result of the City's negligence or intentional misconduct. Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or the Project Approvals or any provisions thereof, including without limitation the CEQA determination and rezoning relating to those portions of the C -4 Zone which are not the subject of this Agreement 162 Defense of Agreement If the City accepts Developer's indemmfication and defense as provided in Section 16 1 above, the City agrees to and shall timely take all actions which are necessary or required to uphold the validity and enforceability of this Agreement and the Applicable Rules This Section 16 shall survive the Termination of tlus Agreement. 17 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element 44386 \1060366v11 vs 1060366v10 17 February 8, 2005 18 Effective Date This Agreement shall become operative on the date the Enabling Ordinance becomes effective (the `Effective Date ") pursuant to Government Code Section 36937 19 Notices Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows If to City City of El Segundo 350 Main Street El Segundo, CA 90245 Attention City Clerk With a Copy to Jenkms & Hogm LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention Mark D Hensley, Esq If to Developer Rosecrans - Sepulveda Partners, LLC c/o Mar Ventures, Inc 2050 West 190th Street, Suite 201 Torrance, CA 90504 Attention Allan W Mackenzie With a Copy to Continental Development Corporation 2041 Rosecrans Avenue, Suite 265 El Segundo, CA 90245 Attention Leonard E Blakesley, Jr Comstock Crosser & Associates 321 12th Street, Suite 200 Manhattan Beach, CA 90266 Attention Daniel D Crosser Law Offices of Daniel Romano 11661 San Vicente Blvd, Suite 802 Los Angeles, CA 90049 Daniel Romano, Esq Cox, Castle & Nicholson LLP 2049 Century Park East, Suite 2800 Los Angeles, CA 90067 Attention Ronald I. Silverman, Esq. Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such 44386 \1060366v11 vs 1060366vt0 18 � (! February 8, 2005 change is effected All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. 20 Entire Agreement This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein 21 Waiver No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought 22 Severability If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement 23 Relationship of the Parties Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any other Party in any respect Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally 24 No Third Party Beneficiaries This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest No other person or party shall have any right of action based upon any provision of this Agreement 25 Recordation of Agreement and Amendments This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City 26 Cooperation Between City and Developer City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry out the purposes of this Agreement. Upon satisfactory performance by Developer, and subject to the continuing cooperation of the Developer, City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and development of the Project or Property in accordance with the terms of this Agreement 27 Rules of Construction The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement Should any provision of this Agreement be found to be in conflict with any provision of the Applicable Rules or the Project Approvals or the Future Approvals, the provisions of this Agreement shall control �U< 44386 \1060366v11 vs 1060366v10 19 February 8, 2005 28 Joint Preparation This Agreement shall be deemed to have been prepared Jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared, 29 Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Los Angeles, California, and the laws of the State of California shall govern its interpretation and enforcement Any action, suit or proceeding related to, or ansing from, this Agreement shall be filed in the appropriate court having Jurisdiction in the County of Los Angeles 30 Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any Judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof Attorneys' fees under this Section shall include attorneys' fees on any appeal and any post judgment proceedings to collector enforce the Judgment This provision is separate and several and shall survive the merger of this Agreement into any Judgment on this Agreement 31 Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument 32 Weekend/Holiday Dates Whenever any determination is to be made or action to be taken on a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or holiday observed by federal savings banks in the State of California, the date for such determination or action shall be extended to the first business day immediately thereafter 33 Not a Public Dedication Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property The Developer shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose which is not consistent with the development of the Project Any portion of the Property conveyed to the City by the Developer as provided herein shall be held and used by the City only for the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to such portion of the Property that would deprive the Developer of the material benefits of this Agreement, or would in any manner interfere with the development of the Project as contemplated by this Agreement 30 44386 \1060366v11 vs 1060366v10 20 February 9, 2005 IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development Agreement on the date first above written, ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM RZ Mark D Hensley, City Attorney CITY CITY OF EL SEGUNDO, a municipal corporation VA Kelly McDowell, Mayor DEVELOPER ROSECRANS- SEPULVEDA PARTNERS LLC, a California limited liability company By _ Its By _ Its The Owner Honeywell International, Inc hereby consents to the recording of this Agreement with respect to the Property and agrees to take all steps necessary to cause the Agreement to be recorded and acknowledges that this Agreement and the Project Approvals represent burdens and benefits that will run with the land OWNER HONEYWELL INTERNATIONAL INC, a Lo LM Its 304 44386 \1060366v11 vs 1060366v10 21 Febmary 8, 2005 EXHIBIT A PROPERTY DESCRIPTION 29 2 ACRE PROPERTY THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14 WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEGINNING AT A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174 AT PAGE 92, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID EASTERLY LINE, FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF LOT 4 OF TRACT NO 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG SAID EASTERLY LINE AS FOLLOWS SOUTH 0001' EAST A DISTANCE OF 70 16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 3050 00 FEET, SOUTHERLY ALONG SAID CURVE A DISTANCE OF 292 78 FEET, SOUTH 5029' WEST A DISTANCE OF 389 98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2950 00 FEET, SOUTHERLY ALONG SAID CURVE A DISTANCE OF 283 18 FEET, AND SOUTH 0001' EAST A DISTANCE OF 3 90 FEET TO THE NORTHERLY LINE OF AFORESAID LOT 4 OF TRACT NO 1314, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 60041' EAST A DISTANCE OF 5 74 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE PACIFIC ELECTRIC LAND COMPANY, RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, RECORDS OF SAID COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID LAND SO DESCRIBED A PORTION OF WHICH IS SHOWN ON A MAP FILED FOR RECORD WITH THE DEED RECORDED IN BOOK 6708 PAGE 304 OF SAID DEED RECORDS, SOUTH 70041' EAST, A DISTANCE OF 219,75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 458 59 FEET, THENCE EASTERLY ALONG SAID CURVE IN SAID NORTHERLY LINE A DISTANCE OF 475 29 FEET, THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID LAND SO DESCRIBED, NORTH 49-56'05" EAST A DISTANCE OF 160141 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND PASSES THROUGH THE POINT OF BEGINNING, THENCE NORTH 89-59'30" WEST, A DISTANCE OF 1820 11 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED IN THE DEED FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO CHEVRON U S A, INC, A CALIFORNIA CORPORATION RECORDED OCTOBER 15, 1984, AS INSTRUMENT NO 84- 1233577, OFFICIAL RECORDS ATTACHED THERETO A RESOLUTION OF THE CITY OF EL SEGUNDO NO 2030 DATED FEBRUARY 11, 1983, APPROVING SAID LOT LINE ADJUSTMENT 8 1 ACRE PROPERTY THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14 WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE PACIFIC ELECTRIC LAND COMPANY RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, WITH A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, WHICH PASSES THROUGH A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174, PAGE 92, OFFICIAL RECORDS, SAID POINT BEING 1040 FEET NORTHERLY, MEASURED ALONG SAID EASTERLY LINE FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE 305 44386 \1060366v11 vs 106036600 A_1 February 8, 2005 NORTHERLY LINE OF LOT 4 OF TRACT NO 1314, AS PER MAP RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE ABOVE MENTIONED NORTHWESTERLY LINE SOUTH 49056'05" WEST A DISTANCE OF 160141 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID NORTHWESTERLY LINE CONCAVE NORTHERLY AND HAVING A RADIUS OF 458 59 FEET, THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 347 79 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6706, PAGE 304, OF DEEDS, THENCE ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES AND DISTANCES, SOUTH 68-48'25" EAST 98 98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 42107 FEET, THENCE EASTERLY ALONG SAID CURVE 390 17 FEET, THENCE TANGENT TO SAID CURVE AT ITS POINT OF ENDING NORTH 58006'05" EAST 172 86 FEET, THENCE NORTH 49-56,05" EAST A DISTANCE OF 1388 71 FEET TO A POINT WHICH BEARS SOUTH 40003'55" EAST FROM THE POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY LINE, NORTH 40-03'55" WEST 200 FEET TO THE POINT OF BEGINNING 4 7 ACRE PROPERTY PARCEL 1, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, OF PARCEL MAP NO 17911, AS PER MAP FILED IN BOOK 269 PAGES 82 THROUGH 84, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 3 0 C 44386 \1060366vll vs 1060366v10 A_2 February 8, 2005 EXHIBIT B Recording Requested By and When Recorded Mall To Cox, Castle & Nicholson, LLP 2049 Century Park East, Suite 2800 Los Angeles, California 90067 Attn Ronald I Silverman, Esq. ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement ") is made and entered into by and between ROSECRANS- SEPULVEDA PARTNERS, LLC, a California limited liability company ("Assignee'), and a ( "Assignee ") RECITALS A The City of El Segundo ( "City ") and Assignor entered into that certain Development Agreement dated , 2005 (the "Development Agreement "), with respect to the real property located in the City of El Segundo, State of California more particularly described in Exhibit "A" attached hereto (the "Project Site "), and B Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of for the Project Site (collectively, the "Project Approvals ") C Assignor intends to sell, and Assignee intends to purchase that portion, of the Project Site more particularly described in Exhibit `B" attached hereto (the "Transferred Property ") D In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Transferred Property Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Transferred Property THEREFORE, the parties agree as follows- 1 Assignment Assignor hereby assigns and transfers to Assignee all of Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Transferred Property Assignee hereby accepts such assignment from Assignor 2 Assumption Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the 44386 \1060366v11 vs 1060366v10 B -1 February 8, 2005 Transferred Property, including but not limited to those obligations specifically allocated to the Transferred Parcel as set forth on Exhibit "C" attached hereto 3 Effective Date The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Transferred Property 4 Remainder of Project Any and all rights or obligations pertaining to such portion of the Project Site other than the Transferred Property are expressly excluded from the assignment and assumption provided in Sections 1 and 2 above IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below "ASSIGNOR" ROSECRANS- SEPULVEDA PARTNERS LLC, a California limited liability company Date By- Its- By Its "ASSIGNEE" a Date By Its 44386 \1060366v11 vs 1060366v10 B -2 February 8, 2005 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this _ day of , STATE OF CALIFORNIA ) SS COUNTY OF loin CITY OF EL SEGUNDO LM Planning and Building Safety Director or Designee 2005, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature STATE OF CALIFORNIA ) ) SS COUNTY OF ) (Seal) On , 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature (Seal) 1)0,) vj ) j 44386 \1060366v11 vs 1060366v10 B -3 February 8, 2005 EXHIBIT C LIST OF TENANTS ALLOWED WITH LESS THAN THE MINIMUM 1,500 SQUARE -FOOT TENANT SPACE IT:; e Company Accessories Kate Spade Collection Accessories Furla Apparel/Family Apparel/Farnily Speedo Authentic Fitness Apparel/Family Apparel/Family Beyond the Beach Apparel/Family Apparel/Family Cashmere House Apparel/Family Apparel/Family Lacoste Apparel/Women Geor iou Retail Stores Apparelfflomen Maternity Works Appliances/Electronics Casio Appliances/Electronics Bang & Olufsen Arts /Crafts Color Me Mine Bakery Mrs Beasle 's Bakery Cmnabon Bakery Mrs Field's Cookies Beauty Supply L'Occdane Beauty Supply Aveda Beauty Supply Aida Grey Books Upstart Crow Books & caf6 Candy/Nuts Ethel M Chocolates Candy/Nuts Rocky Mountain Chocolate Factory Candy/Nuts See's Candies Inc Candy/Nuts Godiva Chocolatier Cards/Stationery Montblanc Cards /Stationer Papyrus Cards/Stationery Card Fever Coffee /Juices Gloria Jean's Gourmet Coffees Coffee /Juices Tull 's Coffee Coffee /Juices Robeks Juice Coffee /Juices Kelly's Coffee & Fudge Factory Coffee /Juices Market City Caffe Coffee /Juices Torrefazione Italia Coffee /Juices Jamba Juice Coffee /Juices Seattle's Best Coffee Coffee /Juices Urth Caffe Coffee /Juices Coffee Bean & Tea Leaf Coffee /Juices Peet's Coffee & Tea CoffeeJJwces Diedrich Coffee Coffee /Juices Starbucks Coffee Computers Apple Computer Computers Ex etec Biz Computers EB Games - Electronics Boutique Eye Care Sterling Optical n R � .j 16 44386U060366v11 vs 1060366010 C_1 February 8, 2005 EXHIBIT D DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND ROSECRANS- SEPULVEDA PARTNERS, LLC (AREA A) DEFINITIONS Agreement Approved Plans Area .......... ... Building Pad Certificate of Performance City City Planning and Building Safety Director City Council Developer Development Standards Effective Date EIR Enabling Ordinance Excusable Delay Fast Food Restaurant Food To Go Restaurant Full Service Restaurant Future Approvals General Plan Good Faith Compliance Honeywell Minor Modifications Mortgagee Notice of Violation Other C -4 Property Party /Parties Periodic Review . Project Project Approvals Project Site Property, Subsequent Rules Transferred Property Whole Foods Period Section Introduction 543 12 422 143 Introduction 541 1 12 Introduction 42 18 14 1 12 10 413 411 415 52 19 92 Introduction 5.4 1 12 11 1 14 Introduction 91 13 1.4 Exhibit B, Recital A 12 53 Exhibit B, Recital C 412 P \Planning & Budding Sa1ety\Prolects \626- 650 \Ea -63 t \Development Agreement Docs\Plaza DA February 8 2005 doe k11 44386 \1060366v11 vs 1060366vt0 D_1 February 8, 2005 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL The following conditions shall be binding upon Mar Ventures, Inc, the property owner(s) and their successors in interest, including without limitation occupants of the property The following conditions for the City of El Segundo's approval of Environmental Assessment No 631. Conditions ") shall be fully complied with as set forth below All mitigation measures in the Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project are incorporated by this reference into these conditions of approval DEFINITIONS 2 Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions A "P B S Director" means the City of El Segundo Director of Planning and Budding Safety, or designee B "EIR" means the Final Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH No 2003121037), El Segundo, California C "ESMC" means the El Segundo Municipal Code D "Project Area" refers to each of the 20 developable lots on the Plaza El Segundo development Project Site as shown on Vesting Tentative Tract Map No 061630 which comprise the Project Site E "Project Site" refers to the 43 3 -acre site generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue F "Sepulveda /Rosecrans Rezoning Site" refers to the approximately 110 acres generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code Amendment that is being considered concurrently with the land use entitlements for the Project Area and the Project Site G Except as otherwise specified in these Conditions of Approval, conditions must be satisfied before the issuance of a Budding Permit for each budding within the Project Area AESTHETICS Lighting Before the issuance of the first Building Permit in the Project Area, the applicant must submit a Lighting Master Plan for the Project Area for the review and approval of the P B S Director and the Police Chief A Lighting Plan (construction drawings) and Photometric 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Study, consistent with the Lighting Master Plan must be reviewed and approved by the P B S Director and the Police Department before the issuance of each Budding Permit and must be installed before the issuance of each Certificate of Occupancy in the Protect Area The Lighting Plan and Photometric Study must demonstrate that the proposed project allows minimum off -site illumination but still complies with Police Department safety requirements The Lighting Master Plan must include, without limitation A Specific details for Foot - candle intensity, B Specific lighting detail for parking areas and structures, pedestrian walkways, and access ways in and around buildings, C On -site light fixtures that have been designed to direct the light downward and internal to the proposed project site to minimize off -site illumination, D Specific detail regarding the location, type and height of lighting devices, E Specific detail to illustrate compliance with the ESMC, and, F Weather and vandal resistant covers on lighting fixtures 4 Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P B S Director and the Police Chief that outdoor lighting design has been installed in compliance with the approved Lighting Master Plan for the building that is the subject of the Certificate of Occupancy Materials and Desion 5 Before the issuance of the first Building Permit in the Protect Area, the applicant must submit Final Working Drawings to the P B S Director for design review The applicant must provide a Building Materials Sample Board of the materials, colors, and elevation drawings to be utilized to the P B S Director for review and approval The design review must include, without limitation, the following design guidelines A All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design, B Exterior building materials must be compatible with developments in the vicinity, C At least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) must be used throughout the Plaza El Segundo protect, D The buildings must have contrasting accent features Building materials must be of non - reflective coatings and glazings, E The plans must demonstrate substantial compliance with plans and conditions approved and on file with the Planning and Building Safety Department Any subsequent modification to the project as approved must be referred to the P B S Director for a 12/15/04 2 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL determination regarding the need for Planning Commission review of the proposed modification in accordance with the provisions of the Development Agreement, F All buildings must be in accordance with the Project Site's Conditions, Covenants and Restrictions (CC &R's), G All buildings must utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation, H All roof - mounted mechanical equipment and communications devices must be hidden behind budding parapets or screens to screen these devices from off -site ground level view, I Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells, generators, and other similar facilities must be screened from view with dense landscaping and walls of materials and finishes compatible with adjacent buildings, J Service, storage, maintenance, utilities, loading, and refuse collection and other similar areas must be located out of the view of public roadways and buildings and screened by dense landscaping and solid walls, unless the PBS Director determines such is not practicable No chain link fences may be used for such screening, K Walls along the north property boundary of the Project Site and walls used to screen service and storage areas must be of the same materials, colors, and finishes as adjacent buildings or compatible finishes and colors, L A six -foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way and along the northern property line of Lot 19 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way A six -foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right -of- way with screening of the right -of -way with the use of landscaping, including, without limitation, vines, hedges and /or trees to the satisfaction of the P B S Director, M Chain -link fences are not permitted, except as described above, and as temporary construction fencing, N Budding design will meet the City's standards for the attenuation of interior noise, O All service areas must be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation, P No loading will be permitted directly from public streets, except in designated areas as approved by City P B S Director, Q All on -site utility systems including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground, 12/15/04 3 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL R No Certificate of Occupancy may be issued unless there is substantial compliance with the aforementioned development standards and, S The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right -of -way to buildings H through A -7, from the Park Place right -of -way to Pad D, and from the Sepulveda Boulevard right -of -way to Building No 2, and any other building that may developed that is set back more than 200 feet from a public right -of -way, subject to the review and approval of the P B S Director Landscaping and Irrigation 6 Before the issuance of the first Budding Permit in the Project Area, the applicant must submit a Master Landscape and Irrigation Plan for the Project Area The Master Landscape and Irrigation Plan must be reviewed and approved by the City P B S Director, the Director of Recreation and Parks, and the Police Chief Landscaping for each budding in the Project Area must be installed in accordance with the approved Master Landscape and Irrigation Plan before the issuance of each Certificate of Occupancy. The Master Landscape and Irrigation Plan must include, without limitation, the following A All landscaped areas must be provided with a permanent automatic watering or irrigation system, B All on -site landscaped areas must be maintained by the owner in a neat and clean manner at all times, C All landscaped areas must be designed to ensure efficient access to fire hydrants, D Dual plumbing must be installed for reclaimed water irrigation, E All landscaped areas must be irrigated with reclaimed water to the extent reclaimed water is available for use in the Protect Area Until such time as reclaimed water is made available, potable water may be utilized for irrigation, F All landscaping and irrigation must comply with the City's Water Conservation regulations and Zoning Code requirements, G All landscaping must be designed to enhance site security in accordance with Police Department policies, H All public rights -of -way abutting the site must be landscaped, I Landscaping that includes trees, vines, and or hedges must be incorporated along property line walls and fences for screening purposes J All landscaped areas must include a majority of mature landscaping, including trees that are a minimum 24 -inch box size, and, K Landscaping must be installed along property perimeters and evenly distributed throughout the employee /customer parking areas 7 12/15/04 4 `� 'j CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 7 Before the issuance of the first Budding Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan (i a construction drawings), consistent with the Master Landscaping Plan, to the P B S Director, Director of Recreation and Parks, and the Police Chief for review and approval The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through budding design and landscape treatments, 8 Where feasible (as determined by the P B S Director), the applicant must comply with the City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for Water Conservation in Landscaping Before the issuance of each Budding Permit in the Project Area, the applicant's Landscape Plans must be submitted to the P B S Director for review and approval Suns Before the issuance of the first Budding Permit in the Project Area, the applicant must submit to the P B S Director for review and approval an overall Master Sign Program for the Project Area Before the issuance of a Certificate of Occupancy for each budding within the Project Area, the applicant must submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the P B S Director Before the issuance of a Certificate of Occupancy, signs must be installed in accordance with the approved Master Sign Program The overall Master Sign Program must include, without limitation A Compliance with the ESMC, B Not withstanding any other provisions in the ESMC, a maximum of three freestanding or pole signs with a maximum height of 35 feet each are permitted along the Sepulveda Boulevard street frontage of the Project Area, C Not withstanding any other provisions in the ESMC, a maximum of two freestanding or pole signs with a maximum height of 25 feet are permitted along the Park Place street frontages of the Project Area, D Not withstanding any other provisions in the ESMC, a maximum of two freestanding or pole signs with a maximum height of 25 feet are permitted along the Allied Way street frontages of the Project Area, E Not withstanding any other provisions in the ESMC, no freestanding or pole signs, except as described in Condition No 10 below, are permitted along the Rosecrans Avenue frontage of the Project Area, F All signs must be architecturally compatible with the proposed buildings, G All signs must be compatible with the aesthetic objectives of the General Plan, and, H No sign must impede traffic or pedestrian safety 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 10 Before the issuance of a Certificate of Occupancy for the first building in the Project Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City The sign is subject to review and approval by the P B S Director The sign should be compatible with the design of the Master Sign Program for the Plaza El Segundo development project AIR QUALITY 11 During grading and construction, dust control measures must be required in accordance with the City's Dust Control Ordinance (Chapter 7 -3 of the ESMC) Grading must be discontinued during first -stage smog alerts and suspended when wind velocity exceeds 15 miles per hour All hauling trucks must have loads covered or wetted and loaded below the sideboards to minimize dust 12 The South Coast Air Quality Management District (SCAQMD) has promulgated rules and applicable standards including, without limitation, the following Rule 402 - Nuisances, Rule 403 - Fugitive Dust, and Rule 2202 - On -Road Motor Vehicle Mitigation Options The applicant must use best management practices in compliance with Rule 402 during the operation of construction equipment Construction activities must be limited between the hours of 7 AM to 6 P M , Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the P B S Director During the construction phase, all unpaved construction areas must be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles must be used to reduce dust emissions by as much as 50 percent The applicant must ensure that all materials transported off -site will be either sufficiently watered or securely covered in compliance with Rule 403 Resultant peak daily exhaust emissions from diesel- and gasoline- powered construction equipment must be monitored to control emission levels that exceed SCAQMD screening thresholds During construction, trucks and vehicles in loading or unloading queues must keep their engines off, when not in use, to reduce vehicle emissions Construction activities must be phased and scheduled to avoid emission peaks, and construction must be discontinued during first- and second -stage smog alerts On -site vehicle speed during construction must be limited to 15 mph Before issuance of a Grading Permit for each Project Area, the applicant must provide a Construction Management Plan to the P B S Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase Daily records of construction hours and activities must be maintained by the applicant throughout the construction phase ENERGY 13 Before the issuance of a Building Permit in the Project Area, the applicant must provide an Energy Conservation Plan to the P B S Director for review and approval The Energy Conservation Plan must incorporate energy conservation features in accordance with the requirements of the City and State Before the issuance of each Certification of Occupancy, the applicant must provide evidence to the P B S Director that the approved energy conservation features have been installed and will be maintained 14 If a substation will be constructed, the Applicant must develop plans, projected loads, and a master plan for scheduling to the satisfaction of Southern California Edison, FIRE 12/15/04 6 317 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 15 Before the issuance of a Budding Permit in the Project Area, the applicant must provide Fire Life Safety Plans to the P B S Director and the Fire Chief for review and approval, which include, without limitation, the following A Fire lanes, B Fire lane signing, C Fire lane access easements or other recorded documents to the reasonable satisfaction of the City Attorney, D Fire lane accessibility, E Gas detection systems, F Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute, calculated at 20 psi, G Sprinklers within structures, H Underground looped fire mains, sprinklers, fire pumps, and fire alarms, I Emergency generators, J Any above ground or underground storage tanks including elevator sumps and condensation tanks, K Documentation that the on -site fire mains will be maintained, and, L Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to the Fire Department that the development complies with the Fire Life Safety Plan, and that any required easements were properly dedicated and recorded 16 Before the issuance of a Budding Permit in the Project Area, the applicant must develop and submit an Evacuation Plan and Procedures for review and approval by the Fire Department Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P B S Director, and the Fire Department that the approved Evacuation Plan and procedures were implemented or are operational as appropriate 17 Before the issuance of a Grading or Building Permits in the Project Area, the applicant must provide a Construction Safety Plan to the P B S Director and Fire Department for review and approval The Construction Safety Plan must document construction and staff training procedures to ensure that best management practices during project grading and construction will be utilized The Construction Safety Plan must identify an awareness program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation Compliance with this measure must be verified by the P B S Director before permit issuance �lV 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 18 Before the issuance of each Building Permit in the Project Area, all hydrants determined necessary by the Fire Department and the P B S Director must be installed in accordance with approved plans and specifications Fire hydrants must be spaced no greater than 300 feet apart One private hydrant must be provided for each structure and each structure must be sprinklered in accordance with the California Budding Code (CBC) and the National Fire Code (NFC) 19 Before the issuance of a Certificate of Occupancy for each budding, the applicant must pay a Fire Service Mitigation Fee based upon the applicable Fire Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 14 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of a Certificate of Occupancy for each budding GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE) 20 Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must prepare and submit a Grading Plan for review and approval by the P B S Director and the Director of Public Works The Grading Plan must include, without limitation A The Grading Plan must demonstrate compliance with applicable provisions of the ESMC and City policies and requirements, B The Grading Plan must show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities, C Grading depths must not encroach upon or damage the existing sewer lines on the property, D Haul routes for import/export trucks and other heavy construction related vehicles must be approved by the Director of Public Works, E No haul routes may travel through the City of Manhattan Beach during A M or P M peak hours, F All grading must be accomplished in accordance with the recommendations of a independent Geotechnical and Geological Report to be submitted by the applicant and reviewed and approved by the City, G The Grading Plan must detail where special restrictions apply due to sod contamination, if applicable, H Additional information, as required through the plan check process, must be included as appropriate, I Final grading activities must be coordinated with the City Engineer at the time the Grading Permit is issued, and, J Compliance with the above measures must be verified by the P B S Director before issuance of each Certificate of Occupancy J=J 12/15/04 8 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL HAZARDS 21 Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must submit documentation from the Los Angeles Regional Water Quality Control Board ( "LARWQCB ") evidencing approval of completion of the Interim Remediation Measures and approval of the Final Remedial Action Plan for the Project Area for the area covered by the Grading Permit 22 The applicant must comply with any permit requirements imposed by the LARWQCB and /or the Department of Toxic Substances Control ( "DTSC "), or any other applicable regulatory agency related to development and /or grading on the site 23 Before the issuance of a Grading Permit, the applicant must provide any appropriate hazardous materials safety training for all City employees needed to implement the project If required, the training must be related specifically to safety issues that may arise during site grading and construction due to the soil contamination that may exist in the site All training must be completed to the reasonable satisfaction of the P B S Director, and the Fire Chief NOISE 24 During the construction phase of the project, activities will be allowed between the hours of 7 AM to 6 P M , Monday through Saturday, and prohibited at any time on Sundays and federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the P B S Director Compliance for the operations phase will meet with the placement, screening, and maintenance standards for all external mechanical equipment The proposed project must be designed to ensure that noise generated by the proposed project operations does not exceed the City's noise standards, as established by the ESMC, for on- site or off -site receptors A noise monitor must be designated according to the relevant codes Before issuance of a Grading Permit for each Project Area, the City must designate a Noise Ordinance ComplianceNerification Monitor Before the issuance of a Building Permit for each Project Area, the applicant's Final Working Drawings must be submitted to the P B S Director for review and approval relative to compliance with the City's Noise Ordinance POLICE / SAFETY 25 Before the issuance of the first Budding Permit, the applicant must submit an overall Security and Crime Prevention Plan, to the P B S Director and the Police Department for review and approval, which must address, without limitation, the following A Lighting, B Addressing (minimum height of 4" to 24 "), C Telephones, D Trash dumpsters (including space for recyclable materials), n n -) J !- j 12/15/04 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL E Indoor and outdoor security cameras installed at strategic locations, including employee and other vehicle parking areas, F Parking lots and structures, G Fences, walls, H Security hardware, I Office, J On -site security personnel, K Locker rooms, L An Evacuation Plan and Procedures, M The employment of security personnel who will monitor and patrol the proposed Project Site, including employee and other vehicle parking areas, and coordinate with public safety officials, N The installation of lighting in entryways, elevators, lobbies, and parking areas designed to eliminate potential areas of concealment, O A diagram of the proposed project, which will include access routes, and any information that might facilitate emergency response, P Compliance with all applicable items on Police Department checklist memo dated April 12, 2004, attached as Exhibit F- 1/C -1, with the exception that parking is permitted on the north side of the Project Area between the main row of buildings and the northern property line, and, Q All Security and Crime Prevention Plan measures must be installed in conformance with the approved plans and must be operational before the issuance of a Certificate of Occupancy 26 Before issuance of the first building permits, the applicant must submit a photometric light study to the Police Department for review and approval 27 Before the issuance of a Certificate of Occupancy for each building, the applicant must pay a Police Service Mitigation Fee based upon the applicable Police Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 11 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of a Certificate of Occupancy for each building PROJECT DESCRIPTION Plans 12/15/04 10 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 28 The City of El Segundo requires development project applicants to prepare and submit Final Working Drawings for review and approval The applicant must provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval The Final Working Drawings must indicate proposed uses, budding sizes and heights, and the specific location of structures, loading docks, staging areas, parking layout, landscaped areas and recreational amenities The Final Working Drawings must include vehicular, pedestrian and bicycle access, on- and off -site circulation, and linkage to other key elements in the site vicinity, including the MTA Green Line The Final Working Drawings must indicate budding materials and architectural design elements that will be utilized in the construction of the proposed structures The Final Working Drawings must include information on security lighting and hardware and other detail required for compliance with the City's security, safety and crime prevention standards The Final Working Drawings must demonstrate compliance with the California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code, California Sign Code, and California Electrical Code, and approved Fire Life Safety Systems In addition, the Final Working Drawings must clearly indicate the location of all entrances and exits, including emergency vehicle access All parcel buildings and structures must be located in proximity to the proposed parcel lines such that they meet all requirements for exterior wall and opening protection Additional information, as required through the plan check process, must be included as appropriate Before the issuance of a Building Permit for the Project Area, the applicant must coordinate with all applicable City and applicable County agencies to prepare and submit Final Working Drawings to be approved by the P B S Director, the Department of Public Works, the Fire Department and the Police Department Before the issuance of a Certificate of Occupancy for each building, the applicant must provide evidence to the P B S Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met 29 The Plaza El Segundo development project is allowed to develop up to a maximum of 425,000 square feet consisting of a combination of uses as permitted by the C -4 Zone and as limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the project as a whole is not exceeded 30 The maximum project size may be reduced as determined by the vehicle trip generation for each use The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips MAXIMUM PERMITTED TRIPS AM PM Dail Daily Saturday Midday Sepulveda /Rosecrans Site 1,167 2,657 28,334 3,515 Rezoning Plaza El Segundo Development 915 1,790 19,151 2,344 Project The trip generation for each use and building must be determined using the rates identified below, adjusted for internal capture and pass by discount rate consistent with the traffic study for EA No 631 c, 12115104 11 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Shopping Center (per 1,000 sf ) — LU 820 Daily Ln(T) = 0.65 Ln(A) + 5 83 AM Peak Hour Ln(T) = 0 60 Ln(A) + 2 29, 11B =61 %, O/B =39% PM Peak Hour Ln(T) = 0 66 Ln(A) + 3 40, I/B =48 %, O/B =52% Saturday Ln(T) = 0 65 Ln(A) + 3 77, I/B =52 %, O/B =48% Grocery Store (per 1,000 sf) — LU 850 Daily T = 66 95(A) + 1391 56 AM Peak Hour Ln(T) = 1 70 Ln(A) — 142, I/B =61 %, O/B =39% PM Peak Hour Ln(T) = 0 79 Ln(A) + 3 20, I/13=51 %, O/B =49% Saturday Ln(T) = 0 74 Ln(A) + 3 47, I/B =51 1, O/B =49% Free Standing Discount Store (per 1,000 sf) — LU 815 Daily T = 56 02(A) AM Peak Hour T = 0 84 (A), I/B =68 %, O/B =32% PM Peak Hour T = 5 06 A), I/B =50 %, 016 =50% Saturday T = 7 58 (A), I/B =51 %, O/B =49% Electronics Superstore (per 1,000 sf) — LU 863 Daily T = 45 04 (A) AM Peak Hour T = 3 46 (A), I/B =53 %, O/B =47% PM Peak Hour T = 4 50 (A), I/6 =49 %, O1B =51 % Saturday [N/A J* Health Club (per 1,000 sf) — LU 493 Daily T = 43,0 (A) AM Peak Hour* T = 3 06 (A), I/B =58 %, O/B =42% PM Peak Hour T = 5 76 (A), I/B =63 %, O/B =37% Saturday [N /A]* Fast -food Restaurant with Drive - Through Window (per 1,000 sf) — LU 934 Daily T = 496 12 (A) AM Peak Hour T = 53 11 (A), I/13=51%, 016 =49% PM Peak Hour T = 34 64 (A), I/B =52 %, O/B =48% Saturday T = 59 20 (A), I/B =51 %, O/B =49% High- Turnover (Sit -Down) Restaurant (per 1,000 sf) — LU 932 Daily T = 127 15 (A) AM Peak Hour T = 11 52 (A), I/B =52 %, O/B =48% PM Peak Hour T = 10 92 (A), I/B =61 %, O/B =39% Saturday T = 20 00 (A), I/B =63 %, O/B =37% T = trip ends A = building area in 1,000's of square feet I/B = inbound percentages LU = ITE land use code O/B = outbound percentages Sources Trip Generation, 7th Edition, Institute of Transportation Engineers, 2003 * Saturday information unavailable — PM Peak hour utilized 31 The City of El Segundo requires development project applicants to prepare and submit a Construction Management Plan for each Project Area for review and approval by the P B S Director and Director of Public Works The Construction Management Plan must consider all stages of construction, including grading, dirt hauling, employee travel, materials delivery, J t� 12/15/04 12 CITY COUNCIL RESOLUTION No. _ Exhibit "F" CITY COUNCIL ORDINANCE No. _ Exhibit "C" CONDITIONS OF APPROVAL etc The Construction Management Plan is also required for review and approval by the P B S Director and Department of Public Works for the installation of any utilities, including telecommunication utilities, in the public right -of -way Such a plan must include, without limitation, traffic control measures for any lane closures The Construction Management Plan must identify the types and approximate number of construction vehicles to be utilized and must provide haul routes, staging area information and needed road or lane closures The plan must include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking /access plan (including truck haul routes), construction methods and schedules, No haul routes are permitted through the City of Manhattan Beach during A M and P M peak hours All staging areas foot must chain During those areas that have additional fencing requirements Ink fence, ex requirrements Gates of right-of-way During lconstruction, trash must beremoved from the Project Site dregularly uand promptly At the end of each construction day, all open trenches must be completely closed or covered, or secured in accordance with Cal OSHA standards All gates and access construction ct the construction are must provide and/or fully secured at the end of day contact construction each day The applicant person /liaison to receive and respond to complaints during construction must 32 Before r I lgrading ty 1ti t provide evidence o the P B S Director that orr any on property orwith n easements not owned or controlled by the applicant has been approved by the property owner or easement holder Separate Grading and /or Budding Permit(s) must be obtained by the applicant with the easement holder as co- applicant, if needed. 33 Before the issuance of a Budding Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, ramps, and asphalt concrete (A C ) pavement, that must be constructed /reconstructed in the public right -of -way for any missing public segments /areas on the perimeter of the Project Site, as reasonably required by the Director of Public Works Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk Before issuance of a Certificate of Occupancy for the budding that is the subject of the Budding Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works DEDICATIONS AND FEES 34 The applicant must dedicate approximately 3 47 -acres of the "Project Site" to the City for the construction of the extensions of Park Place and Allied Way, as required in Development Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication shall occur through and upon recordation of the Final Map 35 The applicant must dedicate approximately 0 50 -acres of the "Project Site" to the city for roadway widening along the east side of Sepulveda Boulevard, as required in Development Agreement No 04 -1 and as depicted on Vesting Tentative Map 061630 Such dedication shall occur through and upon recordation of the Final Map 12/15/04 13 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 36 Before the issuance of a Certificate of Occupancy Permit for each budding, the applicant must pay a Library Service Mitigation Fee based on the applicable Library Service Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy Currently, the fee is $0 03 per gross square foot of floor area, but the fee is subject to change Compliance with this measure must be verified by the P B S Director before issuance of each Certificate of Occupancy for each budding 37 The applicant may modify the location of the parcel boundaries as approved on Vesting Tentative Tract Map No 061630, consistent with the development standards in the C -4 Zone to accommodate the size and location of the individual buildings, before recordation of Final Tract Map No 061630, provided a maximum of 20 parcels are created 38 Before the recording of the Final Map, the applicant must record a lot tie covenant if any buildings are to be constructed across existing lot lines or if any building location does not meet the development standards of the Commercial Center (C -4) Zone due to the location of the existing lot lines No Certificates of Occupancy shall be granted for any use or structure until the recording of the Final Map Accordingly, construction that proceeds before the recording of the Final Map is done at the Developer's risk that a Certificate of Occupancy will not be issued 39 After the recording of the Final Map, the applicant must submit a Lot Line Adjustment application, if necessary, to realign any parcels to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC 40 The applicant must maintain all existing easements on the site if the easement is still required by its grantee 41 The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right -of -way Such agreements must be recorded before issuance of any Certificate of Occupancy for a building on an affected parcel 42 Before the issuance of a Rough Grading Permit for the Project Area, the applicant must provide funds in trust to the P B.S Director to cover the reasonable costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures associated with rough grading Before the issuance of a Final Grading Permit, the applicant must provide funds in trust to the P B S Director to cover the first year costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures, not associated with rough grading Costs may include, without limitation, costs for traffic reviews, stormwater review, biological resource monitoring, sod remediation review, and review of easements, dedications and other agreements Costs that would be associated with rough grading do not include costs for traffic reviews and review of easements and dedications Annually thereafter, the applicant must replenish funds as deemed necessary by the P B S Director to cover the reasonable costs, including City consultants' costs for each year The P B S Director, at his discretion, may hire a consultant to coordinate and monitor compliance 43, Before the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as the case may be, the applicant must provide evidence to the P B S Director that all adopted ,)2— 12/15/04 14 `J CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL mitigation measures have been or will be implemented pursuant to the project's mitigation monitoring plan Compliance with this measure must be verified by the P B S Director CONSTRUCTION REQUIREMENTS 44 All work within the City public right -of -way must be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications No work must be performed in the public right -of -way without first obtaining a Public Works Encroachment Permit 45 Before the issuance of a Grading or Building Permit for the Project Area, the applicant must provide evidence to the reasonable satisfaction of the P B S Director that all applicable permits from other agencies have been obtained including, without limitation, LARWQCB, Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N P.D E S) Permit, South Coast Air Quality Management District, and Los Angeles County Department of Public Works 46 Following the receipt of all requisite permits, the applicant must notify the P B S Director of the date that construction will commence 47 At such time deemed necessary by the P B S Director, the applicant must provide an on- site inspection office trader for the use of City inspection personnel STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY) 46 The Los Angeles Regional Water Quality Control Board has promulgated rules and standards including, without limitation, obtaining an NPDES Permit and regulations related to underground and above ground storage tanks The applicant's compliance with LARWQCB will ensure compliance with the applicable sections of the California Water Code (Section 13260), the Clean Water Act, and the Porter - Cologne Water Quality Control Act The applicant must ensure that any on -site tanks for use in the storage of fuels, wasted oil, solvents or other chemicals, which are located either above ground or underground, must be placed, constructed and maintained in accordance with the requirements of the LARWQCB, 49 The applicant must adhere to any relevant requirements of the LARWQCB regarding development of the site The applicant must prepare a Storm Water Pollution Prevention Plan ( SWPPP) which will demonstrate best management practices relevant to compliance with LARWQCB requirements and the California General Construction Permit Before the issuance of a Grading Permit for the proposed project, the applicant must provide a SWPPP to the LARWQCB, the P B S Director and Fire Department for review and approval relative to compliance with the provisions and requirements of the LARWQCB Before issuance of a Building Permit for each Project Area, the applicant must apply for the appropriate notifications and /or registrations for any on -site storage tanks The applicant must provide a copy to the City of the Notice of Intent required by the LARWCQB 50 Before the issuance of a final Grading Permit and /or Building Permit for each budding in the Project Area, the applicant must provide a drainage plan for that portion of the Project Area affected that eliminates pollutants to surface runoff as required by NPDES requirements The drainage plan must be reviewed and approved by the P B S Director and Director of Public Works Before the issuance of a Certificate of Occupancy for each budding, the J2G 12/15/04 15 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL applicant must demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the P B S Director and Director of Public Works 51 Before the issuance of a Building Permit for the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that pavement on -site must be adequately applied to prevent soil erosion Further, paved areas on -site must be regularly maintained (i e , all cracks repaired and debris removed on a regular basis) to prevent sod erosion The applicant must install improvements pursuant to the approved plans before final sign -off of the Permit Before the issuance of a Grading or Budding Permit for each building in the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that on -site drainage must be directed to existing storm drains The applicant must install said improvements per the approved plans before final sign -off of the Permit 52 Before the issuance of any Grading or Building Permit for the Project Area, the applicant must prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) and provide evidence to the P B S Director and Director of Public Works that the project area that is the subject of the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code) The applicant must install said improvements per the approved plans before final sign -off of the Permit 53 Before the issuance of a Grading or Budding Permit for each budding in the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that A Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles Flood Control System have been adequately incorporated into the project design, B On -site catch basins have been designed and constructed to screen out larger matter to prevent flooding of the project site resulting from debris caught in the drainage canal, C Drainage channels within parking lot and paved areas have been be designed and constructed to direct storm water and /or irrigation run -off to collection basins provided on -site, D On -site drainage and hydrology improvements have been designed in conformance with applicable standards of the City of El Segundo and the Los Angeles County Department of Public Works, including policies in the Public Safety Element of the City's General Plan, E The project is in compliance with applicable permit requirements of the Los Angeles County Department of Public Works or Los Angeles County Flood Control District, F On -site drainage and hydrology improvements have been designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works and, G All on -site development is consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City, and, 12/15/04 16 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL H Before the issuance of any subsequent Permit `Final Inspection Approval' for the proposed project, the applicant must provide evidence to the P B S Director and Public Works that all the improvements herein have been constructed in compliance with the appropriate regulations and specifications TRANSPORTATION /CIRCULATION /PARKING 54 If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits /credits associated with development in the City, before the issuance of the first Budding Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the P B S Director and Public Works for review and approval The calculations must include only programs which meet all the minimum criteria (e g , density) contained in the CMP Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P B S Director that the proposed project CMP debits /credits related improvements were implemented and balanced on the Project Site in accordance with the approved phasing plan Compliance with this measure must be verified by the P B S Director before permit issuance As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate 55 Before the issuance of a Building Permit for the Project Area, the applicant must provide a Pedestrian Access /Circulation Plan to the P.B.S Director, Recreation and Parks Director, and Police Chief for review and approval The Plan must identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the project itself, including parking areas, budding entrances, bicycle racks, recreational elements, etc The Plan must reflect a safe movement pattern, which does not significantly conflict with vehicular movement and parking access areas Before the issuance of a Certificate of Occupancy for each Project Area, the applicant must provide evidence to the P B S Director, Recreation and Parks Director, and Police Chief that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan 56 Before the issuance of each Budding Permit in the Project Area, the applicant must submit a detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for review and approval by the Director of Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer Alternatively, such a plan may be submitted for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other The Traffic, Circulation and Parking Plan must include, without limitation, the following A An analysis of the estimated traffic generation for the building(s), B. Sight distances for each structure and parking area associated with the building(s), C. An analysis of the traffic volumes at each driveway or intersection associated with the building(s) in order to determine if any offsite improvements are warranted (i a, deceleration lanes, left -turn pockets, new or modified traffic signals, etc ) that were not analyzed in the EIR due to the approximation of building locations in the EIR, 12/15/04 17 v 2 8 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL D Any new traffic signals or modifications to existing traffic signals must be subject to the review and approval of the Los Angeles County Department of Public Works The applicant must pay the applicable county costs to provide plan check and inspection services, E The applicant must dedicate any on -site land required to accommodate any required intersection and roadway improvements (e g , deceleration lanes) and the new Park Place and Allied Way roadway extensions through the recording of the Final Map, which may be after budding permit issuance, but must occur before issuance of a Certificate of Occupancy for any building in the Project Area, F All truck circulation, G Customer /employee parking, H All access points to the project site, which should be aligned with existing driveways and intersections where possible, I Off -site circulation improvements, J All median modifications, if necessary, K All dead end aisles eliminated to satisfy City Codes, L All truck turning radii, M The location of required loading spaces, N An analysis that shows the location and the timing of construction of the required parking for the budding or Project Area, O Pedestrian crossing areas of the public roadways must be called out on the plans and appropriately designated, P All parcels and structures must be connected by an accessible route of travel that meets the requirements of Title 24 of the California Budding Code and, Q Final site plan approval for each building(s) must be contingent upon fulfillment of the above traffic design review requirements All Circulation and Parking Plan improvements which require installation must be installed before the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan Compliance with these requirements must be verified by the Director of Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer before the issuance of a Certificate of Occupancy 57 The applicant must install "No Parking" and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department 12/15/04 18 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 58 The applicant must provide handicap accessible pedestrian walkways, with a minimum five - foot width Any roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right -of -way instead of locating them on private property 59 Before the issuance of the first Budding Permit for the Project Area, the applicant must submit Final Working Drawings to the P B S Director for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM physical requirements have been provided as required by the City All TDM/TSM physical improvements required by City regulations must be installed before the issuance of each Certificate of Occupancy 60 Before the construction of the portion of the Park Place roadway for the proposed project that would intersect Sepulveda Boulevard and any other improvements on Sepulveda Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda Boulevard as set forth in the EIR The alterations to Sepulveda Boulevard must be in accordance with relevant Caltrans Encroachment Permit requirements and conditions and must be shown on the Final Working Drawings The applicant is responsible for the costs of modifications and construction of all the roadway extensions and widenings that will be dedicated to the City Before the issuance of a "Final Inspection Approval' of the roadway improvements, the applicant must install the intersection improvements The improvements must be reviewed and approved by the City Traffic Engineer, and P B S Director 61 Prior to the issuance of a Certificate of Occupancy for any building constructed north of the Union Pacific /Burlington Northern Santa Fe Railroad right -of -way in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works The applicant must be responsible for the design and construction of the new roadways 62 The applicant must install off -site traffic related mitigation measures as set forth in the EIR and MMRP at the time when amount of budding (floor area or vehicle trips) triggers the impact for which the mitigation measure is based, as documented in the required Traffic, Circulation, and Parking Plan 63 Before the issuance of each Building Permit for the Project Area, the applicant must submit a temporary lane closure plan for review and approval by the Director of Public Work, Fire Chief and Police Chief if lane closures will be required during construction for a particular budding to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences 64 Driveway entrances must be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area 65 The applicant must coordinate construction lane closures with the Director of Public Works, Police Chief and Fire Chief 12/15/04 19 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 66 Before the issuance of each Certificate of Occupancy for a building in the Project Area, the applicant must pay a Traffic Impact Mitigation Fee The amount will be based upon the adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy 67 Shower and lockers for employees must be provided in sufficient number, as determined by the P B S Director for each tenant in the Project Area exceeding 50,000 square feet 68 The applicant must submit a Transportatior the requirements of Chapter 15 -17 of the Certificate of Occupancy in the Project Area System Management (TSM) Plan, pursuant to ESMC within 90 days of issuance of the first UTILITIES 69 Before the issuance of the first Building Permit for the Project Area, the applicant must provide a Utility Plan to the P B S Director and Public Works for review and approval The Utility Plan must demonstrate that all on -site utilities, including fiber optic utility lines from each building to the public right -of -way, are placed underground The applicant must assume the costs for the relocation of all utilities, without limitation, light poles, electrical vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a Certificate of Occupancy for each building that is the subject of the Budding Permit, the applicant must provide evidence to the P B S Director and the Director of Public Works that the approved Utility Plan improvements has been installed and appropriate access provided per the approved plan 70 Before the issuance of the first Building Permit for the Project Area, the applicant must provide evidence to the P.B S Director and the Director of Public Works that proposed utility service improvements will be of a quality reasonably acceptable to the P B S Director The developer must encourage and promote a high quality, efficient, and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation, and solid waste disposal equipment and systems Compliance with this measure must be verified by the P B S Director before Building Permit issuance 71 On -site utilities on private property within the project site, including without limitation, storm drains, stormwater detention basins, water and sewer mains, must be owned and maintained by the developer and a connection point to a public main established 72 Before the issuance of a building permit, the applicant must obtain utility easements for the utilities located on private property within the Project Area that cross through adjacent private property and /or utilities that are used or shared by two or more parcels 73 Encroachment Permits for work in the public right -of -way must be obtained from the Engineering Division of the Public Works Department A Grading Permit is also required when import or export of dirt exceeds fifty cubic yards 74 Overload permits are required for dirt and material hauling on City streets 12/15/04 20 COUNCIL, RESO�U CI COUNCIL ION NO I� ORDINAN Exhibit «p„ 73 No material st CONo1TIONS CE No. `-- Exhibit „C., Issued by the °r age is allow OF APPROVA allowed in the Engineering Dr�iin the public n Mmes, as long as Public right-of-way, on of the Pubnght -of -way exec right oas determined fe and adeufeMust be confi� oft DeParfm by Encroach ent maximum requires pno a Engrneerin edestnan and tlphic arkwayea Qasf material storage Permit maxi Period of approval of he Division, ub) e b Pass and street ge is 76 Before th issuance 24 hours Storage age is maint parking sub Mlt e Works Dir@ d these are arned at all D 'rector Of and Pub, �t a first Building per for and must be in the public dedica °f Public 9ht- mit f Irrrrited to a bons a Works Way lrn or the is the rid side and B Proverne Project SU the Sub JeCtlect Oft Befoe1 tin ac walk ce withtCit s laid Plansrmu�stew and applicant must both all sidewalk of the Perrrreit,t t issuance of re required on lards necessary include any approval to the for th ah p opeCc A emaY subm t Str -th p sins a d u dedicate �ccuPancY for public St build that 77 completed within a rean abereof bui Ub9s RlghtfioatWas approved y theta t ayland ,n t �n 8ht -of- The Los An time Period of cache time if that ement plans,if Alternatively its sewer easeme is r Sanitati Distn other group of buildin req urred for °Jeot Area that all ts. The a on rights of way mu alter pplr°ant must fequires a Build g tl e s w I b construction ahons to final v of sf be in ace sewer eamonstratp th Qer Permit for Con easements Beforhe proposed ortlance with sements reloca Ito its Grading p�action over the applicant a the issua prolect and relevant BUtld n of sewer ns n the Permit(s) has must provide rice of the affect other pro. over Per manhole been obtained evidence ed Gradinfect components it($) or th to the g Permits for overt a allow t 78 Before rssu P'BS Dre the the existing se a easement {s) has b ctor that any face Proposed Pr sewer rice of the first cmcurt televisio wer later building Permit been relocated Cessary Bu'dovc serve the pr lion (CCN to deter °n ectrto these Project Area, the app SP 7gmugmum of SIX inChs are required mine the congiCon of he exstrri I the rea with in ct have es inside and constru infrastructure that closed B9 size box six -inch clean_ diameter cted rn the will Properly ust be pla out brought t Material must public right-of. Y marked With ced around the o grade at the be vitreous way, the the Di approved All elevabonthe word "sew clean -out for Property aria Pipe " Each It be a Piu99ed cloy °f Public s of planned er," If in protection The securel lateral Work installed d If approved Mai Wine and before sf sewer onnscbons must be the caover musav a traf q ease a cover celled before the ss by the Direct capped at the construct 'or' Existing gViewed and approved t t by Ic 80 Se any off -site upgra euance of a Certificate off Owo Works Any r e E sting six-inch atera must be demonstrate c ' a Program required d uparicy for squired budrn Sewer late als meusmay Occupanc capacity avails for the im due to changes r g to be served be the p B S Director hat l rWihineaopro upantcyn Before the Proposed peak demands I. Agra the Ust be t2i15ioa adequate pr capacity is available yant must pr, ertlfi ate f sew a, accommodate the building 21 v �� COUNCIL. REspLU CITyCOUNCIL TIONNO. 1- Exhibit «p,. that is the CONDITI DINANCE NO. � Bxhlbit , °C„ If nh sewer uPgrad VectofsUch certificate ONS Op APPROVAL at grouP of building ans' If requr ed for Occupancy Alte 81 If any off, site g will te completed ,ro1ectArea Or rnatively the applicant P o�ided tewatePgsedecere required due within a reasonable time of b ms may submit Certificate Of derponstrate a Program fog° changes in the Period of each othet trine evidence of Occupanc capacity availability 'mPlem PropOsed accomm to the P B S Y for each building before occutahon of the Peak demands in water Alter to he Director that ad g within a pr Pancy Bef, Pgrades natively the or that equate °fact Area the applicant for a the applicant m 's the water and w he Issua cesofbe ay submit at sublect Of astewater capacity s Mu completed withrnea or a number Y water and such Ce st r v Of build' P ° ide 8z Before a reasonabl one tine rf at ®r upgrade f 1 Occupancy issuance a t'me Period gs at Of the Union p Of a first Certificate of each Ober that group of Plans, if requlregy located to the Pacific Railroad igt - of OOC but will be 83 Businesses that ut Plan north of the Protect see w h� ane applicant ch . must rePla in a the the protect Area With that generate er line e I &inch north a minimum 30 minute retention or greases as depicted on sew line 84 Before the are re the Phase I the aPpbca Issuance of a Ce n PenOd on aPprO required to install that the aPP omust Provide enden to of OccuPan Pnate sewer connect ons se interceptors the Pnate addit vi ce to the P B sy for t I Segundo Water and on -site Director burldin been Installed Suc Waste water and g within the Protect Water sYsterns h addition water Drvisio wastewternmthe Director of P Area combined irngat odeParate wa eeasures must include an equivalen Vernents as identified tiff dohs a required eUre servicesnwilhOmesticrno�esefor each buildi�aratesery� es foe Provider, have determined Pon cornpletrOn Ofdouble detectorarated into qo and or r Potable and fire number O f build ngsrvat ' the apPhcant PI an, the valves andtib and Irrrgat %� to be a reasonable t, applicant exact size acknow meters 85, an site a Period of each otherf that gro uP Mit any of buildings nroer, ur P ansf fr @reinest will are If Y off - provided to'catroarservi0as required due gs will be cOmpleted r ,f, as be Certificate Of pmonstrate ' a Program forO changes in the p Provide ccupan0 avail the rm rO os facilities evidence to th y for each ability bimPernentation of the Peak de Occu a available e P B S Dir building within th °ccupanc upgrades ands for a Pancy Alternatively' accomm0 actor and the e PrOJect Y Before rssu must be number Of ativelY the date the Director of p Area, the a ance of a reasonable tlmeuildings at' OnealPnhcant maY subng that is the sub h, Works that must 86 Bef °re the Period of each Other if that group of any improvement of such Ceradequate the a nplicant must Provide Certificate Ot buildings will be, if required, for Issuance Of that plate bfred appro within )den y 1 appropriate evidence IM to the Occupancy S for each a °mmodate thecbuildBell, or an' ero nts tb ion- and the Dir the Prole eme rector building within 9 that is th q Ivalent site tele0 actor Of Ares e subject ofsUOrvice providecOmrnunicafiOn Public Work 12115 04 h Certificate have b services as of Occupancy instal If l t the installed zz 1) CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" A r O NZ 11I i 1 �e7 r, E3 •T� II1:T •P t� facilities serve adjacent properties, the services may require relocation Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 87 If any off -site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each budding within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that adequate facilities are available to accommodate the budding that is the subject of such Certificate of Occupancy Compliance with this measure must be verified by the P B S Director before permit issuance Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 88 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that any appropriate additional on -site natural gas service improvements as identified by The Gas Company, or an equivalent service provider, have been installed to accommodate the budding that is the subject of such Certificate of Occupancy Compliance with this measure must be verified by the P B S Director and before the issuance of the Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 89 If any off -site upgrades are required due to changes in the proposed peak demands for electrical service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each budding within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that adequate facilities are available to accommodate the budding that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 90 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that any appropriate additional on -site electrical service improvements as identified by The Edison Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other WATER 91 Before the issuance of the first Building Permit for each budding within the Project Area, the applicant must submit Off -site Reclaimed Water Facility Plans to the P B S Director and the Director of Public Works for review and approval Said plans for the off -site improvements r) , 4 J `t 12/1 5/04 23 CITY COUNCIL RESOLUTION No. _ Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL must include an approval from West Basin Municipal Water District, the supplier of reclaimed water 92 Before the issuance of a Budding Permit for each building within the Project Area, the applicant must submit Final Working Drawings that incorporate On -site Irrigation Plans to the P B S Director and the Director of Public Works for review and approval Such plans must indicate that reclaimed water must be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Department of Public Works, when available from the West Basin Municipal Water District or other supplier of reclaimed water Such plans must include the installation of a dual water line system on -site to accommodate distribution of potable water for landscaping until reclaimed water for landscaping becomes available for the Project Area In addition to the utilization of reclaimed water for irrigation, other water conservation features such as low -flow devices and automated shut -offs must be included throughout the Project Site Water management systems must include both water conservation and wastewater reduction features 93 Before the issuance of a Certificate of Occupancy for each budding within the Project Area, the applicant must provide evidence to the P B S Director and the Director of Public Works that the connection with the City's reclaimed water system has been provided, the approved water management systems and water - saving devices have been incorporated into project development, and that the water facilities have been installed per the approved plans If the water provider is unable to make reclaimed water available before the issuance of the Certificate of Occupancy, then potable water may be utilized and the Certificate of Occupancy must be issued 94 The applicant must install a loop water distribution system for the Project Site with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works Before the issuance of each Budding Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system 95 Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must pay the applicable water meter installation fees Compliance with this measure must be verified by the P B S Director before issuance of the Certificate of Occupancy 96 Before the issuance of a Budding Permit for each building within the Project Area, the applicant must pay the applicable sewer connection fees and charges Compliance with this measure must be verified by the P B S Director before Permit issuance 97 Before the issuance of the first Certificate of Occupancy for a budding in the Project Area, those areas not already part of County Sanitation District must be annexed to County Sanitation District No 5 INDEMNIFICATION 98 The Developer must defend, indemnify and hold the City and its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or J .J 12115104 24 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL liability of whatsoever kind or nature, arising from the City's approval of the project, Including but not limited to the CEQA determination, General Plan Amendment, Zoning Code Amendment and /or the Tentative Tract Map approval 99 Mar Ventures, Inc must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below By signing this document, Mar Ventures, Inc certify that they have read, understood, and agrees to the Project Conditions listed In this document and represents and warrants that it has the authority to execute this document on behalf of the property owner and acknowledges that the conditions set forth above shall run with the land and be binding upon all owners and occupants of the land Mar Ventures, Inc m Allan Mackenzie Its President Its {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Building Safety\PROJECTS \626- 650\EA- 631 \Council Agenda Packet\2 -15 -05 heanngVHoneywell Conditions of Approval CC doc 3.3 C' 12/15/04 25 CITY COUNCIL RESOLUTION No. ` EXHIBIT "F -1" CITY COUNCIL ORDINANCE No. EXHIBIT "C -1" City of El Segundo Inter - Departmental Correspondence April 12, 2004 To: Jim Hansen, Director of Community, onomic & Development Services From: Jack Wayt, Chief of Police �Y�9 Subject: Environmental Assessment EA -No. 631 Address 850 S Sepulveda Blvd Applicant MAR Ventures Property Owner. Honeywell, General Chemical, Air Products, Kramer & Co and others The Police Department's has revised some of the comments stated in the December 10, 2003 memo. There is also a revision to the lighting requirements listed in the Crime Prevention Checklist The revised Checklist is attached for your convenience As the plans are still in the conceptual stages, it is difficult to make recommendations until speck businesses or types of business are identified and studied as to their relationship with one another. However, in reviewing the schematic master plan, the following are the preliminary comments from the Police Department • Attached please find a "Crime Prevention Checklist" to use as general, but not site - specific guidelines • Historically, malls and strips centers where parking spaces are to the rear of the businesses experience crime problems Consumers and employees are not comfortable parking and walking in this area because it is remote and secluded This leaves the area free for legitimized loitering, thus resulting in crimes such as rape, robbery, drug transactions, vandalism, theft and prostitution It is recommended the parking behind buildings Al through A6 be eliminated and moved to the front. o If Al and A6 have glass windows surrounding three sides of these businesses, the parking spaces that wrap around them could remain because the windows will provide natural surveillance by store employees • Door viewers, specifically for fire -rated doors, shall be installed in the rear entrance /delivery doors of all businesses • "No loitering" signs should be posted along the backside of the buildings 337 850 S Sepulveda Blvd Police Department comments Page Two • For the employees' personal safety, individual store leases should not require employees to park in the back during hours of darkness • Trash dumpsters should be placed away from the back doors of the businesses to prevent employee theft • The entire project shall be lighted with a maintained minimum of one footcandle of light during hours of darkness See the Crime Prevention Checklist for details • A wall shall be used to separate this project from the businesses along Hughes and Allied Ways • Depending on the time of delivery, delivery trucks trying to access budding A7 may pose a danger to pedestrians using the rear parking area • The plans note stairs in buildings A4 and A7 If the stairs are not contained within the individual stores, stairwell recommendations listed in the Crime Prevention Check list may be required. • Where will the delivery doors be located for the restaurants? • To prevent burglaries, roof ladders should be situated within the individual businesses • What type of activity will be occurring at the public amenities /park? How will this area be secured after hours to prevent loitering? • The wall along the north side of the property shall continue along the east property line behind budding A -7. This will to keep public amenity users from parking behind A -7, using the open /well -lit parking spaces instead. Traffic Division (Sgt. Al Graham) • For access, easement and traffic flow during peak hours Allied Way should be pushed through or propose to be pushed through to Rosecrans The same should apply from Sepulveda Blvd to Allied Way 10 ,1 0 City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE TO: Jim Hansen, Director of Community, Economic & Development Services FROM- Laurie Risk, Crime Prevention Specialist SUBJECT. Police Department Crime Prevention & Security Checklist The following checklist is f4FNFRAL INFORMATIQN on building security and crime prevention issues from the El Segundo Police Department Because each project is different and unique, no single list could possibly cover every situation It is the project designer's responsibility to obtain specific guidelines from the El Segundo Police on crime prevention as It relates to his /her specific project LIGHTING Each project will require Individual lighting needs according to its usage and location (i a the different lighting needs between a gas station, Industrial, commercial, light retail, parking lots or structures, fast food, etc) General lighting guidelines may begin as follows During hours of darkness, a maintained minimum of one footcandle of light on the ground surface shall be provided around all sides of any building(s) and parking structure(s), open parking lots, carports and guest parking Wall packs shall be placed over shippingireceiving doors and trash dumpsters with one footcandle minimum maintained Aisles, passageways and recesses related to and within all sides of the building complex shall be Illuminated with a maintained minimum of 25- 50 footcandles during hours of darkness Lighting devices shall be enclosed and protected by weather and vandal resistant covers A PHOTOMETRIC STUDY, WHICH INCLUDES ALL SIDES OF THE BUILDING(S), RECESSED AREAS, SURFACE PARKING LOTS, TRASH ENCLOSURES, DOCK AREAS AND PARKING STRUCTURE(S), MUST BE PROVIDED PRIOR TO ISSUING THE PERMIT. THE PHOTOMETRIC STUDY MUST BE POINT -BY -POINT AND INCLUDE THE LIGHT LOSS FACTOR (.7). LIGHTING LEVELS SHALL BE ADJUSTED ACCORDINGLY TO MEET THE MINIMUM FOOTCANDLES REQUIREMENTS WITHIN EACH AREA OF THE PROJECT. ADDRESSING Depending on the size of the project and Its location In relation to the street, the address needs may vary from a minimum of 6" to as much as 24" Street numbers should be visible from the street, of contrasting color to the background and illuminated during hours of darkness Any building (residential, commercial, industrial, retail, etc ) which has alley access, shall have additional addressing on the alley side The alley addressing shall meet the same requirements as stated above ENTRANCES /EXITS Entrances and exits shall be limited to keep control and visibility of the budding 33:1 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE TWO BIKE RACK Bike racks shall be located in a busy, well -lit location This will provide optimum security for persons and property LANDSCAPING All landscaping shall be low profile around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access Floral or grass ground cover is recommended Bushes shall be trimmed to 1 to 2 feet and away from buildings Dense bushes should not be clumped together, this provides a hiding place for criminal activity Trees should be trimmed up to 7 feet PERMS Although berms are aesthetically pleasing, they do conceal any natural surveillance into a facility and its parking lot by patrol and passersby Berms have always been known to provide criminals with the opportunity for concealment in order to commit crimes Therefore, berms, especially those with landscaping on top would not be recommended Although berms are aesthetically pleasing, they do conceal natural surveillance into a facility by passersby and patrol, and they provide criminals with the opportunity for concealment in order to commit crimes Therefore, berms, especially those with landscaping on top would not be recommended f ARDWA RE/DOORS40NDOWS All main entry doors (including entry doors from a garage into a residence) shall be of solid core construction with a minimum thickness of 1 3/4 inches, (Commercial, retail and industrial doors may be constructed of metal, 1 3/4" thick) Entry doors shall have a deadbolt locking device The deadbolt throw shall have a 1 -inch projection The cylinder guard shall be of case hardened steel, with the outer edge angled or tapered and free spinning The exterior part of the lock shall be connected to the inside portion of the lock with bolts at least 1/4 inch in diameter and constructed of steel The locking mechanism shall contain a minimum of a 5 -pm tumbler Main entry doors with glass constructed in or within 40 inches (including windows along the side of the entry door) of the locking mechanism should either reverse the swing of the door if a window is positioned within 40 inches of the locking mechanism, OR reverse the position of the window to be opposite the locking mechanism, OR all glass should be replaced with polycarbonate materials, or of fully tempered glass, or rated burglary resistant glazing All doors accessible from a corridor shall be of solid core construction and be equipped with a deadbolt lock A panoramic door viewer (180 -190 degrees) shall be installed in each main entry door, delivery doors and entry doors off a corridor or hallway r) , J40 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE THREE Strike plates shall be made with a minimum 16 U S gauge steel, bronze or brass and secured to the iamb by a minimum of two screws, off -set and which must penetrate at least 2 inches into solid backing beyond the surface to which the strike plate is attached Sliding glass doors shall have a secondary locking device (i a locked by a key or a twisting /turning device /Charlie bar) This device shall limit any up and down or sideways movement while the window is in the closed /locked position Double or french doors shall have a secondary locking device, such as a cane or flush bolt in addition to a deadbolt The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 516 inch into the head and threshold of the door frame A latch guard shall be placed over double glass entry doors PERIMETER WALLS OR FENCING Perimeter walls shall be a minimum height of 6 feet street side and of solid construction Walls shall limit climbing access (i a concrete walls shall not have vaned sections were decorative blocks allow for stepping over the wall or part of the wall consists of wrought iron). Wood, wrought iron, steel tubular or mesh penmeters shall by 6 feet high and all horizontal members shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used, the horizontal members shall run along the top and bottom portion of the fence. Wrought iron or steel tubular fencing is always recommended around a perimeter as it provides maximum visibility Chainlmk fencing shall not have plastic or metal slats weaved within it This limits visibility into the facility TRQCNDUMPCT -RC Trash dumpsters shall be enclosed with wrought iron or steel tubular fencing All dumpsters not enclosed this way shall be constructed in a way which fully encloses the dumpster (roofing connected to the side walls) Fencing shall be locked and a wall pack or light standard directly over the dumpster This will provide employees maximum visibility when they are taking out trash during hours of darkness EMPLOYFF PARKWG As internal theft is a large percentage of the loss to industry, employee parking should not be located by shipping /receiving docks or dumpsters EXTERIOR LQDDFRS Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet This covering shall be locked against the ladder with a case - hardened hasp, secured with non - removable screws or bolts Hinges on the cover will be provided with non - removable pins when using pin -type hinges If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum 5- pin tumbler operation with a non - removable key when in an unlocked position `' 4 J EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE FOUR DOCK AREA Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) A 1" x5" vision panel can be installed in the roll -up door PARK /NQ LOTS AND PARKING STRL/C-TL�RF_c Entry and exit should be limited to one area for control and observation. If there is more than one entry or exit, a card access system should be used • perimeter wail or fencing should fully enclose the first floor to limit access • transitional lighting plan shall be established, with every level therein. Lighting fixtures shall be placed over vehicles vs down aisles. Florescent, high - pressure sodium or mercury vapor lighting is recommended Condo parking* Units having common parking should have numbered or lettered spaces, which do not correspond to the unit number Parking structures with numerous parking levels extended below the ground floor inhibit police patrol from dispatching additional units for help when dealing with criminal activity Parking structures shall be designed in such a way as to incorporate communication that will enhance two -way radio transmissions Wherever possible, elevators and stairs shall be located on the perimeter to permit natural surveillance from exterior public areas via glass back elevators and glass around stairs and elevator lobbies. Openness will enhance natural surveillance and provide natural ventilation Openness on two sides would be an-acceptable minimum, four sides is preferable Exit doors from the parking structure should be "Emergency Only" with panic hardware There should be no hardware on the exterior i ig ting of Parking Rtmctc�re REVISED Passing from light to dark areas creates a problem for drivers because of the eye's inability to adjust rapidly Therefore, a transitional lighting plan within the parking structure shall be established with a maintained minimum of two footcandles of light on the ground surface Light must be put into the edges of parking stalls rather than just onto driving aisles Lighting fixtures should be placed over vehicles vs down aisles Florescent, high- pressure sodium or mercury vapor lighting is recommended J + EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE FIVE Passing from light to dark areas creates a problem for drivers because of the eye's inability to adjust rapidly It is also imperative to get light into the edges of parking stalls rather than just onto driving aisles A transitional lighting plan within the parking structure shall be established with a minimum maintained of two foot candies of light on the surface White staining concrete is a cost - effective method of increasing general brightness, and when applied to ceilings, walls and beam soffits, reflects light, thereby increasing uniformity and creating a sense of well -being SITE SIR _TORY Large complexes such as, but not limited to, hotels shall have a site directory placed at entrances, stairwells, elevators, in courtyards and in parking lots Appropriate room numbering and lettering shall be affixed to the building Directories located at entrances and in parking lots shall be large enough for patrol and guests seated in a car to read POOL AREA Pool area shall be enclosed with barred fencing, a minimum of 6 feet high for safety and visibility T EE/ PHONES Public phones shall not be located in a remote area of the project, Such locations encourage loitering and drug transactions Public telephones shall be "call out" only SECURITY CAMERAS Security cameras should be placed, monitored and recorded by shipping, receiving dock areas, cash handling areas, counting areas, vital access doors, parking lots, cash registers, drive -up windows and driveways and ANY OTHER AREAS DEEMED NECESSARY Cameras should monitor and record - vehicle occupants and the license plate number as they enter /exit, vital access doors, loading docks and lobbies ALARMS it PANIC ALARMS Panic/robbery alarms shall be installed in, but not limited to, all cash handling areas, registers, box offices, cash counting areas, reception desks or guest counters Contractors who install home security alarms systems, be they audible or monitored by a security company, shall inform the perspective residents that an alarm permit is required by the City of El Segundo and a False Alarm Ordinance is enforced by the El Segundo Police Department Security personnel may be requested to be stationed in certain areas of the project to provide additional or necessary security J 4 .I EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SIX SAFES OR M1JNTFR CACHE DROPS Counter cache units should be installed by registers and a safe in the manager's office All safes should be anchored in concrete and cache drops anchored to the counter Signs should be placed on front doors stating the premise has a time drop safe or counter cache drop in use CDOi FRS All coolers shall be equipped with an interior unlocking or release mechanism in the event employees are locked inside during a robbery MILLET RESISTANT ENMOSURFS Depending on the project, bullet resistant enclosures may be required. PUBLIC RESM00ANS Public restrooms should be locked Entrance can be made by asking for a token or key OUTDOOR B N -H S AND TAB FS Outdoor benches and tables should be constructed in such a way (curved) as to limit the number of people seated atone time or for long penods of time This will discourage loitering These benches and tables should be positioned in such a way as to provide natural surveillance of the parking lots _ASH R QNST RS All cash registers shall be clearly visible from the street and bolted down to the counter MERCHANDISF GONDOLAS Aisles between gondolas shall be designed so that personnel can clearly see in all directions Gondolas shall not be so high as to obstruct personnel's view of interior SEATING WA L IS Decorative seating walls shall be no higher than 3 feet and should be angled and constructed of material which limits sitting time and deters loitering MENU ORDER BOARDS Menu order boards should be elevated approximately 2 -3 feet Round tube steel pipes should be used as support beams Depending on the project, certain cashier stations should be elevated for maximum visibility AIMS ATMs shall follow those set forth per the California guidelines 0 4 ; EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SEVEN He) TEL KEY CARD SYS Hotels /motels shall install a changeable electronic key card locking system for guest room and specific rooms (i a laundry, gymnasium, etc) RIrZZ -1N ENTRY Depending on the protect, a buzz -in system may be required to secure specific areas or lobbies COUNTIER TOP FOR CARH REGISTER OR SFR1IfiCF D SKS Counter tops for cash registers and seance -type desks with a smooth finish such as glass, polished granite or marble enables evidence technicians to lift fingerprints and palm prints after a crime has been committed PARKING BOOTHS The landscaping around the island of the booth shall be ground cover only The booth shall be lit on all sides with a minimum of one footcandle of light The lighting shall be installed and angled out in such a way that it does not present a glare on the glass limiting the attendant's visibility to the immediate surrounding, area or out to the street. A mirror shall be installed on the interior of the booth This will allow the attendant to see who may be coming from behind them A camera(s) should be installed The camera(s) should be angled in such a way as to capture license plate numbers and facial images as the guests are conversing with the parking attendant A drop safettime release safe should be installed Signs should then be posted that state a "DROP SAFE (OR TIME RELEASED SAFE) IN USE" If the attendant is taking in tokens and parking tickets only, signs should be posted stating "NO CASH EXCHANGED /TOKENS OR TICKETS ONLY" The attendant should have a radio, phone or panic alarm in which to make contact with security personnel in the event of an emergency Issues which the Traffic Division would be concerned with, but are not limited to an adequate number of parking spaces per users, location of loading dock areas in relation to project traffic flow or street traffic flow, the project's impact on street traffic (i a additional signals, traffic, signage, etc ), driveways, ingress and egress locations 4/04