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2005 MAR 01 CC PACKET-2City 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 nFNFRAL 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 1 / lliT►N - 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. ADDRESS /NG Depending on the size of the project and its location in relation to the street, the address needs may vary from a minimum of 6" to as much as 24" Street numbers should be visible from the street, of contrasting color to the background and illuminated during hours of darkness Any budding (residential, commercial, industrial, retail, etc ) which has alley access, shall have additional addressing on the alley side The alley addressing shall meet the same requirements as stated above FNTRAN - Q/ XITS Entrances and exits shall be limited to keep control and visibility of the building 42 8 0 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE TWO RI E RA _K Bike racks shall be located in a busy, well -lit location This will provide optimum security for persons and property LANDC APIN . 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 REERMS 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 cnmes Therefore, berms, especially those with landscaping on top would not be recommended Although berms are aesthetically pleasing, they do conceal natural surveillance into a facility by passersby and patrol, and they provide criminals with the opportunity for concealment in order to commit crimes Therefore, berms, especially those with landscaping on top would not be recommended All main entry doors (including entry doors from a garage into a residence) shall be of solid core construction with a minimum thickness of 1 3/4 inches (Commercial, retail and industrial doors may be constructed of metal, 1 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 2 Fsl 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 /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 5/8 inch into the head and threshold of the door frame A latch guard shall be placed over double glass entry doors PFR/MET R WALLR OR F N /N 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 perimeters shall be 6 feet high and all horizontal members shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used, the horizontal members shall run along the top and bottom portion of the fence Wrought iron or steel tubular fencing is always recommended around a perimeter as it provides maximum visibility, Chainlink fencing shall not have plastic or metal slats weaved within it This limits visibility into the facility TRASH 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 EXT MOR LAWER C Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 1 D 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 282 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 doors) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) Loading docks shall have wall packs placed directly over the roll -up door Roll -up door(s) should have two interior locking devices located on each side of the door (padlocks or cane bolts can be used) A 1" x 5" vision panel can be installed in the roll -up door PARKING LOTS AND PARKING STRUCTURES Entry and exit should be limited to one area for control and observation If there is more than one entry or exit, a card access system should be used A perimeter wall or fencing should fully enclose the first floor to limit access A transitional lighting plan shall be established, with every level therein Lighting fixtures shall be placed over vehicles vs down aisles Florescent, high- pressure sodium or mercury vapor lighting is recommended Condo parking Units having common parking should have numbered or lettered spaces, which do not correspond to the unit number Parking structures with numerous parking levels extended below the ground floor inhibit police patrol from dispatching additional units for help when dealing with criminal activity Parking structures shall be designed in such a way as to incorporate communication that will enhance two -way radio transmissions Wherever possible, elevators and stairs shall be located on the perimeter to permit natural surveillance from exterior public areas via glass back elevators and glass around stairs and elevator lobbies Openness will enhance natural surveillance and provide natural ventilation Openness on two sides would be an-acceptable minimum, four sides is preferable Exit doors from the parking structure should be "Emergency Only" with panic hardware There should be no hardware on the exterior Lighting hting of Parking Structure 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 dust onto driving aisles Lighting fixtures should be placed over vehicles vs down aisles Florescent, high- pressure sodium or mercury vapor lighting is recommended 28 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 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 CITE 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 budding 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 TEL EPNO Public phones shall not be located in a remote area of the project Such locations encourage lortenng 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 A ARMS & 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 28f EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SIX SAFES OR POUNTrFIR rArHF 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 COOLFRS All coolers shall be equipped with an mtenor unlocking or release mechanism in the event employees are locked Inside during a robbery Rill LFT RESISTANT ENCLOSURES Depending on the project, bullet resistant enclosures may be required efLLIC RESTROOMS Public restrooms should be locked Entrance can be made by asking for a token or key Q /MOOR B N -H C AND TABLES 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 All cash registers shall be clearly visible from the street and bolted down to the counter MERCHANDISE 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 SEA ThVG Decorative seating walls shall be no higher than 3 feet and should be angled and constructed of matenal which limits sitting time and deters loitering M N I ORDER BOARDS Menu order boards should be elevated approximately 2 -3 feet Round tube steel pipes should be used as support beams -A SHIER STATIONS Depending on the project, certain cashier stations should be elevated for maximum visibility ATMs ATMs shall follow those set forth per the California guidelines n 8 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SEVEN HIOTEL KEY CARQ SYSTEM Hotels /motels shall install a changeable electronic key card locking system for guest room and specific rooms (i,e laundry, gymnasium, etc ) a 77.1ENTRY Depending on the protect, a buzz-in system may be required to secure specific areas or lobbies CD INT R TDP FOR CASH R FIST R DR JqER1*7CF DES 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 PARKING aDOTHS The landscaping around the island of the booth shall be ground cover only The booth shall be Irt 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 4104 28G 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 (REDUCED TRAFFIC GENERATION ALTERNATIVES). The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares that A On November 17, 2003, Mar Ventures, Inc filed an application for an Environmental Assessment (EA -631), General Plan Amendment (GPA No 03 -4), Zone Change (ZC No 03 -2) and Subdivision (SUB 03 -7, Vesting Tentative Tract Map No 061630) to redesignate and rezone an approximately 54 9 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue On June 28, 2004 and July 26, 2004, Mar Ventures, Inc filed additional applications requesting a Zone Text Amendment (ZTA No 04 -2) and Development Agreement (DA No 03 -1) If these matters are approved, the applicant proposes to develop a 425,000 square foot shopping center, known as Plaza El Segundo, B On November 13, 2003, the City of El Segundo filed an application for a General Plan Amendment (GPA No 03 -5) and Zone Change (ZC No 03- 3) to redesignate and rezoning an approximately 30 -acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue from Heavy Industrial (M -2) to Commercial Center (C -4) On April 26, 2004, the City of El Segundo filed an application requesting a Zone Text Amendment (ZTA No 04 -1) to amend the El Segundo Municipal Code C The applications from Mar Ventures, Inc and the City of El Segundo were reviewed by the City's Planning and 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 "), -1- E An Initial Study was prepared pursuant to the requirements of CEQA The Initial Study demonstrated that the project could cause significant environmental impacts Accordingly, a Draft Program /Project Environmental Impact Report ( "DEIR ") was prepared and circulated for public review and comment between October 5, 2004 and November 19, 2004, F The Planning and Budding Safety Department completed its review and scheduled a special public hearing regarding the application before the Planning Commission for November 15, 2004, G On November 15, 2004 the Commission held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Mar Ventures, Inc , and continued the public hearing to December 15, 2004, H On December 15, 2004, the Planning Commission held the continued public hearing and adopted Resolution No 2575 recommending City Council approval of Environmental Assessment No 631, Development Agreement No 03 -1, General Plan Amendment No 03-4 & 03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 (Vesting Tentative Tract No 061630), On February 15, 2005 the City Council held a public hearing and considered the information provided by City staff, public testimony and Mar Ventures, Inc , J On March 1, 2005 the City Council introduced Ordinance No _ approving Development Agreement No 03 -1, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1 and Subdivision No 03 -7 (Vesting Tentative Tract No 061630) for the Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development (Reduced Traffic Generation Alternatives), K This Ordinance and its findings are made based upon the testimony and evidence presented to the Council at its February 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and 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 2 288 north, Douglas Street to the east, Rosecrans Avenue to the south, and Sepulveda Boulevard to the west B The majority of the site was historically devoted to industrial chemical manufacturing facilities Honeywell International, Inc and General Chemical, and their predecessors in interest, had operational facilities on the site until 2003 At that time the facilities were closed and demolished for resale and reuse Remediation activities for on -site soil contamination has also commenced on the Honeywell International property C A 7 -acre portion of the site along Rosecrans Avenue is currently used by Air Products Inc for the production of industrial gases Air Products also owns an 8 9 -acre vacant parcel of land in the interior of the project site D Other current uses of the project site include a lumber yard operated by Learned Lumber on land leased from the Los Angeles County Metropolitan Transportation Authority (MTA) at the east end of the project site Foundation remains from a brass foundry budding are located in the north east end of the project site on a portion of an 11 -acre property owned by H Kramer & Company Additionally, the elevated Metro Green Line light rail traverses the property in a north -south alignment near the east end of the project site E The proposed redesignation and rezoning of the Sepulveda /Rosecrans Site Rezoning would change the General Plan land use designation of approximately 85 8 gross acres of the 110 -acre subject property to a new Commercial Center designation and rezone the area to a new Commercial Center (C -4) Zone F As applied to the whole of the Sepulveda /Rosecrans Site Rezoning, the proposed Commercial Center land use designation and C -4 zoning would permit up to 850,000 square feet of commercial shopping center development within approximately 85 8 -acre site The proposed FAR for the Commercial Center land use designation is 0 275 1 G The existing lumber distribution use (Learned Lumber) that is presently located within the Sepulveda /Rosecrans Rezoning Site would also retain its current Light Industrial (M -1) zoning classification The land on which the lumber yard sits is expected to be reconfigured in the future to accommodate the realignment of the Burlington Northern Santa Fe railroad tracks It is anticipated that the size of the lumber yard will remain comparable to today H As part of the Sepulveda /Rosecrans Site Rezoning the Air Products facility may also relocate to a new smaller facility on the portion of the project site that will remain zoned Heavy Industrial (M -2) 3 289 The Sepulveda /Rosecrans Site Rezoning project anticipates possible expansion of an existing recreational vehicle (RV) storage facility located on H Kramer & Company property within the boundaries of the Sepulveda /Rosecrans Site Rezoning project area J The applicants are not requesting entitlements for 66 7 gross acres that are part of the Sepulveda /Rosecrans Site Rezoning, but not included with the proposed Plaza El Segundo development The Program DEIR identifies the additional environmental evaluation required for developing those 66 7 acres K The proposed Plaza El Segundo would be constructed on approximately 43 3 gross acres within the Sepulveda /Rosecrans Site Rezoning and would implement the new C -4 zoning on that portion of the site The proposed Plaza El Segundo would be located on approximately 37 3 gross acres located north of the Union Pacific Railroad tracks and approximately 4 7 gross acres located immediately at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue L The proposed Plaza El Segundo project is a shopping center of up to 425,000 square feet The shopping center would contain large retail stores, specialty retail, and other uses which could include a spa, and a variety of sit -down restaurants and fast food restaurants The types of retail tenant categories could include a Whole Foods grocery store, home improvement, department store, electronics and appliances, home furnishings, pet supply, books, soft goods and sporting goods M The proposed shopping center would consist of several one- and two - story buildings with a maximum height of 65 feet All development within the proposed Plaza El Segundo would conform to the C -4 development standards N The proposed FAR for this development would be 0 2756 1 based on 425,000 square feet of development on 38 1 net acres The proposed subdivision of the Plaza El Segundo site would include 20 parcels These parcels would range from 0 5 to 5 5 acres in size As a result, FARs on individual parcels may range from approximately 0 00 1 to 0 49 1. O Under the proposed Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative, the standards of the proposed C -4 zone would be modified to limit the mix of land uses permitted within the 70 8 net acre portion of the proposed Sepulveda /Rosecrans Rezoning Site that would be redesignated in the General Plan for Commercial Center use and rezoned to Commercial Center (C -4) in order to reduce total traffic generation from the Site Total permitted square footage within the 4 200 proposed Sepulveda /Rosecrans Rezoning Site would remain the same (850,000 total square feet), but the mix of uses would be limited to the following 590,000 square feet of shopping center, 185,000 square feet of large scale retail, 50,000 square feet of grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit -down restaurants Total traffic generation under this alternative would be reduced by approximately 11 7% in the p m peak hour and approximately 8 8% on a daily basis All other components of the proposed Sepulveda /Rosecrans Site Rezoning, including the construction of new roadways, relocation of railroad rights -of -way, and stormwater retention basin would remain the same as the proposed Sepulveda /Rosecrans Site Rezoning under this alternative. P Under the Plaza El Segundo Reduced Traffic Generation Alternative, the Plaza El Segundo Development site boundaries and total proposed square footage would remain the same (425,000 square feet), but the mix of uses within the proposed Plaza El Segundo Development would be modified to result in an approximately 17% reduction in p m peak hour traffic generation and an approximately 13% reduction in daily traffic generation The mix of uses that would be contained within the proposed Plaza El Segundo Development under the Reduced Traffic Generation Alternative would include 165,000 square feet of shopping center, 185,000 square feet of large scale retail, a 50,000 square -foot grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit -down restaurants The proposed land uses and density would be within the requirements of the proposed C-4 zone All other components of the proposed Plaza El Segundo Development, including the construction of new roadways (Park Place east of Sepulveda Boulevard and Allied Way within the Plaza El Segundo site) and storm water retention basin would remain the same as the proposed Plaza El Segundo Development under this alternative Q The proposed C -4 Zone would provide for the transfer of density rights within the development area to insure that the overall density of the site is consistent with the C -4 Zoning Any donor parcels for FAR purposes will have covenants recorded stating the maximum FAR permitted on the parcel R The full buddout of the Sepulveda /Rosecrans Site Rezoning includes an extension of Park Place (a four -lane east -west street) from its current terminus at Nash Street that would connect to Sepulveda Boulevard. The roadway extension would include a signalized intersection at Sepulveda Boulevard south of Hughes Way The roadway would also include a grade separation structure to allow the roadway to pass beneath the Union Pacific Railroad and realigned Burlington Northern Santa Fe Railroad tracks that bisect the project site s- 2 ) 1 ( S Primary ingress and egress to the proposed Plaza El Segundo would be provided from Sepulveda Boulevard via a new traffic signal halfway between Hughes Way and Rosecrans Avenue The eastern leg of this intersection will be served by the new east -west Park Place roadway extension, constructed to El Segundo roadway standards consistent with the adopted Circulation Element T A second new roadway extension would be constructed to roadway standards consistent with the Circulation Element of the City's General Plan in a north -south alignment to connect the new segment of Park Place to Hughes Way via Allied Way, which presently terminates at the northern boundary of the Sepulveda /Rosecrans Rezoning Site U The Plaza El Segundo portion of the Sepulveda /Rosecrans Site Rezoning is proposed to be constructed as one phase Construction is expected to commence in 2005 and to be completed in 2007 V An interim on -site stormwater retention pond would be constructed within the proposed Plaza El Segundo site to retain storm water runoff Portions of an existing 42 -inch reclaimed water line that crosses the site from north to south approximately 5 to 7 feet below the existing ground surface may be relocated The proposed Plaza El Segundo would connect into the existing water and sewer lines W Parking for the Plaza El Segundo portion of the Sepulveda/ Rosecrans Site Rezoning is proposed to be located in surface parking lots that will surround the proposed shopping center buildings Based on a total of 425,000 square feet, including 400,000 square feet of commercial /retail space and 25,000 square feet of restaurant floor area in the Plaza El Segundo development as described in the Environmental Impact Report, 1,363 parking spaces are required The developer proposes to provide 2,164 parking spaces, which exceeds the City's parking requirements SECTION 3 Zone Change Findings Based on the factual findings of this Ordinance, the proposed Zone Change is necessary to carry out the proposed 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 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 -6- 4. , 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 $1,082,049 to $1,611,424 in the first year of operation, rising to a range of approximately $1,307,922 to $1,958,987 in the eighth year of operation 29 -7- 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 project site, including landscape amenities to substantially improve the aesthetic appearance of the site and the surrounding area. 15 The project would reduce the maximum permitted floor area ratio on the property from 0 6 1 to 0 275 1 16 Funding planned on -site and off -site Circulation Element improvements, including new and widened roadways, intersections, signals, medians and landscaping in the protect 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 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 294 classification, which establishes the permitted uses and development standards that would apply to the protect These uses and development standards are similar and compatible with the other commercially zoned districts in the City C The protect is in conformity with the public convenience, general welfare and good land use practice The proposed reduced protect permits a lower floor area ratio than allowed under the current M -2 zoning (0 275 1 vs 0 6 1) The protect would facilitate constructing public roadways, through the dedication of land The protect would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City by providing a broad range of commercial uses D The protect, 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 protect 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 protect E The protect 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 protect will be developed in an orderly fashion All mitigation measures will be implemented at the time and place impacts occur F The protect would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the southeast quadrant of the City SECTION 6 Subdivision Findings A The proposed Vesting Tentative Tract Map No 061630 is consistent with applicable general and specific plans as specified in Government Code §§ 65451 and 65454 Each proposed lot will be consistent with the minimum lot size and minimum street frontage requirements proposed in the C -4 Zone All parcels will have frontage on a public street B The design or improvement of the proposed subdivision is consistent with the General Plan Each proposed lot would be consistent in size and lot frontage with other parcels in the surrounding area in 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 2751, due to the requirement in the proposed C-4 zone that the overall FAR not exceed an overall FAR of 0 275 1 This density is well within FAR standards for commercial developments E The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably 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 is not likely to cause serious public health problems The size and shape of all lots will protect public health The proposed Park Place and Allied Way roadway extensions to serve the subdivision will be designed to provide safe and efficient vehicle and pedestrian movements throughout the project site Subdivision improvements will be required to comply with the Americans with Disabilities Act The Site is being remediated in accordance with applicable federal and state regulations G The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision The project applicant will relocate or build over the 42 -inch reclaimed water easement on the property The MTA aerial easement will not be disturbed by the design of the proposed project SECTION 7 Approvals The City Council approves the following A The City Council amends the current Zoning Map to reflect a change of the area bounded by Hughes Way on the north, Douglas Street on the east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the west from Heavy Industrial to Commercial Center The corresponding changes to the Zoning Map as set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference 096 -10- 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 "CHAPTER5 COMMERCIAL ZONES -11- 297 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 Budding Safety, as provided by Chapter 22 of this Title 15 -5G -3: PERMITTED ACCESSORY USES: A Any use customarily incidental to a permitted use 4.1 -12- 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 -513-5: 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 Building Safety, as provided by Chapter 22 of this Title 15 -5G -6: SITE DEVELOPMENT STANDARDS: All uses in the C -4 Zone must comply with the development standards contained in this Section A General Provisions, -13- �j .i 1 All uses must be conducted within a fully enclosed budding except a Outdoor restaurants, cafes or seating areas, complying with the provisions of Section 15 -2- 16 of this Title, b Outdoor wholesale or retail activities customarily conducted outdoors, including, without limitation, lumber yards, nurseries, and periodic outdoor sales, and, c Outdoor recreational activities 2 Before the City approves any development project, the project must meet all requirements of the transportation demand management (TDM) and trip reduction criteria as set forth in Chapter 16 of this Title 3 Other provisions as set forth in Chapter 2 of this Title B Lot Area A minimum of ten thousand (10,000) square feet C Height No budding or structure may exceed sixty -five (65') feet L ]i D Setbacks 1 Front Yard Twenty five feet (25') minimum 2 Side Yard Zero (0') minimum, unless one of the following conditions exists a If the side yard adjoins a dedicated street, at least twenty five feet (25') must be provided, and b If the side yard abuts property with a different classification, the side yard setback is the average of the two (2) side yard setbacks, but not less than ten feet (10') 3GG -14- 3 Other Zone _J C -4 1 Zone i k 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') C -4 Zone C-4 Zone! Other Zone ' 1014 Min � C N N <n Alley or Street �c N � C -4 Zone 25' Min N E Lot Frontage 1 Each lot must provide a minimum frontage on a public street of one hundred feet (100'), or, 2 Flag lots are permitted with a minimum stem width of twenty feet (20') at a public street If the flag lot does not provide physical access to a public street, a permanent access easement must be provided from the lot across any contiguous lot or lots which conform with the minimum lot frontage requirement to a public street The easement, and any proposed modification to the easement, requires City review and approval 301 -15- 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 Budding Safety Department that identifies the donor parcel(s), receiving parcel(s), the amount of NFA proposed to be transferred, and the proposed uses of the donor and receiving parcels 6 Review by the Director of Planning and Building Safety The Director of Planning and Building Safety must approve, conditionally approve or deny a -16- 3U2 o o C.5 100' = 10,000 sf F.A.R. = 0.275 Bldg, Area = 2,750 sf G Transfer of Development Rights The transfer of development density from one or more donor parcels to any other receiving parcel or parcels is permitted within the C-4 Zone, provided that the requirements of this Section are met 1 Location of Transfer Parcels The donor and receiving parcels must each be located entirely within the C -4 Zone 2 Maximum Net Floor Area (NFA) for a receiving parcel The NFA on any receiving parcel increased in density pursuant to this Section cannot exceed an FAR of 0 6 3 Reduced NFA for a donor Parcel. The permitted NFA on any donor parcel decreased in density pursuant to this Section must be reduced by the amount of NFA transferred to one or more receiving parcels 4. Budding Standards for Parcels All buildings must comply with the budding standards of the C -4 Zone 5 A transfer of development rights may be initiated by a person submitting a written application for a transfer to the Planning and Budding Safety Department that identifies the donor parcel(s), receiving parcel(s), the amount of NFA proposed to be transferred, and the proposed uses of the donor and receiving parcels 6 Review by the Director of Planning and Building Safety The Director of Planning and Building Safety must approve, conditionally approve or deny a -16- 3U2 transfer plan at a public hearing The Director of Planning and Budding 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 10 Final Approval A transfer plan approved by the Director of Planning and Building Safety, Planning Commission and /or City Council becomes final upon -17- 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 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- -is- 3011 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 building 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 3t15 -19- NUMBER OF LOADING SPACES REQUIRED Required loading spaces for hotel or institutional uses must be provided as set forth in the following schedule Budding Floor Area Loading Spaces Waiting Spaces u Reauired Reaw I red 0 — 999 sq ft 0 Loading Spaces 1,000 - 15,000 sq ft 1 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 Budding Floor Area Loading Spaces Waiting Spaces u Reauired Reaw I red 0 — 999 sq ft 0 1,000 - 15,000 sq ft 1 15,001 - 75,000 sq ft 2 Each additional 100,000 sq ft or 1 -20- 30f fraction thereof Over 1,000,000 sq ft Loading spaces within the boundaries of the Smoky Hollow Specific Plan should be located on the side or in the rear of buildings whenever possible If located in the front yard, the loading platform must be set back from the front property line a minimum of 30 feet Commercial or manufacturing zoned lots or parcels that are less than 6,000 square feet in area must provide an on -site loading space area that is not less than 12 feet wide and comprised of an area equal to not less than 8% of the lot or parcel area and in no case can such loading area be less than 360 square feet " F Subject to the conditions listed on the attached Exhibit "C," which are incorporated into this Ordinance by reference, the City Council approves Development Agreement No 03 -1, General Plan Amendment No 03 -4 & 03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 SECTION 8 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 9 This Resolution will remain effective until superseded by a subsequent resolution SECTION 10 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 11 This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption PASSED, APPROVED AND ADOPTED this 15th day of March 2005. Kelly McDowell, Mayor J U -21- 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 1st day of March 2005, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of March, 2005, and the same was so passed and adopted by the following vote AYES 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\3 -1 -05 hearing \EA -631 ord 3 -1 -05 doc J�(J _22_ mIghl0 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 3H 44386\1060366v16 vs 1060366v15 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 41 1 Food To Go Restaurant .... ...... 4 4 1 2 Grocery Store 4 4 1 3 Fast Food Restaurants ..... ...... .... ..... ... 4 4 1 4 Banks and Day Spas .... 4 41.5 Restaurants.... ... .... ... ..4 41.6 Health Clubs and Fitness Centers .. ...4 4 2 Development Standards.. ..... ..... .... ..... ....... 5 4.21 Tenant Lease Space.. .... .... ..5 4.22 Limitations on Minimum Square Footage of Buildings and Space 5 423 Transfer of Development Rights.. .5 4 3 Building Standards .5 4 4 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications .... 5 4.5 Use of Easements..... ....... ...... 6 5 Vesting of Development Rights ... 6 5.1 Applicable Rules.. 6 311 44386 \1060366v16 vs 1060366v15 I 5 2 Entitlement to Develop ....... I ... ..... . ..... ..... 6 5 3 Subsequent Enactments ... I... ...... . ....... ....... 6 5 4 Future Approvals ...... .6 54 1 Minor Modifications to Project ... 6 54.2 Modification of Project Approvals 7 5.43 Modifications Requiring Amendment to this Agreement 7 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 .. . 9 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 Activities .10 6 8 Contribution to Downtown 11 6.9 Third -Party Agreements Restricting Uses on Property 11 7 City/Developer Agreements 12 7 1 Expedited Processing 12 31 `? 44386 \1060366v16 vs 1060366v15 2 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 .. 13 9 2 Good Faith Compliance .... ... ...13 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.. ... 14 10. Excusable Delays .. .... ... ... 14 11 Default Provisions.. 14 11 1 Default.. ........................... ................... ....14 11.2 Content of Notice of Violation 14 113 Remedies for Breach ... ... ... .14 12 Mortgagee Protection ... ... 15 121 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 16 126 Disaffirmation 16 13 Estoppel Certificate .. .... ... ... ... ... .... .. 16 14. Administration of Agreement 16 14.1 Appeal of Staff Determinations ..16 313 44386 \1060366vl6 vs 1060366v15 3 314 44386 \1060366v16 vs 1060366v15 4 14 2 Operating Memoranda ..... .... ..... .... ... 16 14.3 Certificate of Performance ..... 17 15 Amendment or Termination by Mutual Consent .. 17 16 Indemnification/Defense ... ..17 161 Indemnification ... .... ... .... ... 17 16.2 Defense of Agreement ... ..... 18 17 Time of Essence. ... ..... . ... .... .... .... .... .18 18 Effective Date .. .. ......... ....... .............. ............ ..... ..... ....... 18 19 Notices .. ... .... .... 18 20 Entire Agreement. ... ... .... 19 21 Waiver .. ... ... ... ... 19 22 Severabilrty .... ... ... ... 19 23 Relationship of the Parties. .... ... 19 24 No Third Party Beneficiaries 19 25 Recordation of Agreement and Amendments .... ... ... 19 26. Cooperation Between City and Developer.. ... ... 19 27 Rules of Construction . ... ... ... 20 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 . .. ..... .20 314 44386 \1060366v16 vs 1060366v15 4 EXHIBIT A - PROPERTY DESCRIPTION.... .... EXHIBIT B - ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT C - LIST OF TENANTS ... ... DEFINITIONS ... .... . . ... . .. .... .... .... A -1 . ... .. B -1 .... .... .... C -1 ..... .. D -1 315 44386 \1060366v16 vs 1060366v15 5 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 March, 2005. City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties " In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows 1 Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties 1.1 Pursuant to Government Code Section 65865 et seq , City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property for the development of such property 1.2 Developer has an option to acquire from the property owner and has been authorized to execute this Agreement by the property owner with respect to approximately 42 acres of real property located in the City, as more specifically described by the legal description set forth in Exhibit "A ", which exhibit is attached hereto and incorporated herein by this reference (the "Property" 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 (the "Project ") 14 City has certified a Final Environmental Impact Report for Environmental Assessment No 631 (SCH No 2003121037) (the "EIR "), and has approved the Mitigation Monitoring Plan for the EIR; General Plan Amendment No 03 -4, Zone Change No 03 -2, Zone Text Amendment No 04 -1, Subdivision No 03 -7 (Vesting Tentative Tract No 061630), and this Development Agreement No 03 -1 (the foregoing are collectively referred to as the "Project Approvals ") Developer's application for the Project Approvals was deemed complete by the City on November 10, 2004. Concurrently with the City's approval of the Project Approvals, City has also, as part of General Plan Amendment No 03 -5, Zone Change No 03 -3 and Zone Text Amendment No 04 -1, re- designated and rezoned other property in the vicinity of the Property with a "Commercial Center (C -4)" land use and zoning designation (the "Other C -4 Property ") a portion of which (approximately 13 acres) Developer has an option to acquire from property owner and the balance of which (approximately 42 acres) is owned by third parties 1 5 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals, Applicable Rules and this Agreement In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement 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 316 44386 \1060366v16vs 106036605 Applicable Rules (as hereinafter defined) and this Agreement In consideration thereof, Developer agrees to waive its rights, if any, to challenge legally the limitations on density and use imposed upon development of the Property and other restrictions and obligations set forth in this Agreement and the Project Approvals 17 City and Developer have acknowledged and agreed that the consideration that is to be exchanged pursuant to this Agreement is fair, dust and reasonable and that this Agreement is consistent with the General Plan of City 1 8 This Agreement is intended to provide flexible entitlements, within the parameters set forth herein and subject to the terms and conditions hereof, to meet the changing market demands that are likely to occur throughout the buildout of the Project 19 The proposed Project uses are consistent with the City's General Plan, as amended, (the "General Plan") 1 10 Development of the Project will further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others, the following- 1.10 1 Fulfilling long -term economic and social goals for City and the community, 1 10 2 Providing fiscal benefits to City's general fund in terms of increased employment and utility, business license, property and other tax revenues, which are anticipated to exceed $1,000,000 annually, 1 10 3 Providing both short-term construction employment (estimated to be approximately 250 persons) and long -term permanent employment (estimated to be approximately 952 persons) within City, 1 10.4 Phasing the construction of public infrastructure improvements with private development; destination; Property, 1 10 5 Eliminating blighted areas and providing an attractive urban 1 10 6 Facilitating environmental remediation on and around the 1 10.7 Funding planned circulation element improvements at no cost to the City, and 1 10 8 Creating significant offsite public improvements, including streets, signals, medians and landscaping. 317 44386 \1060366v16 vs 1060366v15 1.11 On November 15, 2004, the Planning Commission of the City commenced a duly noticed public hearing on this Agreement, continued the public hearing to December 15, 2004 and at the conclusion of the hearing recommended approval of the Agreement 1 12 On February 15, 2005, the City Council of the City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing certified the EIR by Resolution No and approved this Agreement by Ordinance No. (the "Enabling Ordinance ") 2. Property Subject to this Agreement All of the Property shall be subject to this Agreement 3 Binding Effect The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to the City and the Developer to the extent the Developer ultimately exercises its option to purchase the Property and each successive successor in interest thereto and constitute covenants that run with the Property. Any and all rights and obligations that are attributed to the Developer under this Agreement shall run with the land irrespective of whether the Developer exercises its option to purchase the Property In addition, if Developer does not exercise such option, it shall still be obligated to fulfill the conditions set forth in Section 6.8 of this Agreement 3 1 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest 32 Rights to Assign. Developer may assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time during the term of this Agreement without approval of the City. 33 Liabilities Upon Transfer Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of all or any portion of the Property, Developer will be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer, if (1) Developer has provided to the City prior or subsequent written notice of such transfer and (u) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred by executing an Assignment and Assumption Agreement in the form of Exhibit "B" attached hereto. Upon any transfer of any portion of the Property and the express assumption of Developer's obligations under this Agreement by such transferee, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. Any such transferee shall be entitled to the benefits of this Agreement as "Developer" hereunder and shall be subject to the obligations of this Agreement applicable to the parcel(s) transferred A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Property not owned by such 310 44386 \1060366v16 vs 1060366v15 3 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 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 4.1 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 1/o) occupied (the "Whole Foods Period "), a grocery store will only be a permitted use to the extent it is a "Whole Foods" grocery store. During the Whole Foods Period, the Developer shall have the right to request that the City Council approve of a grocery store other than "Whole Foods" and the City Council may approve or deny such request in its sole discretion 4 1.3 Fast Food Restaurants Unless such use is Incidental to the primary business of an occupant of a building, "Fast food" restaurants shall not be allowed within 150 feet of Sepulveda Boulevard, or south of the current locations of the Union Pacific Railroad or the Burlington Northern Santa Fe Railroad lines "Fast food" restaurant is defined as "A restaurant where customers purchase food and beverages and either consume the food and beverages on the premises within a short period of time or take the food and beverages off the premises Typical characteristics of a fast food restaurant include but are not limited to, the purchase of food and beverages at a walk -up window or counter, no table service by a server, payment for food and beverages prior to consumption, and the packaging of food and beverages in disposable containers. A restaurant shall not be considered a fast food or take -out restaurant solely on the basis of incidental or occasional take -out sales " 4 1.4 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. 4.15 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 16 Health Clubs and Fitness Centers. No health club or fitness center shall be permitted 313 44386 \1060366v16vs 1060366v15 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 Code, the Applicable Rules, the Project Approvals, and this Agreement Additionally, the following restrictions apply: 4.2 1 Tenant/Owner Use Space No uses within the Project shall exceed 125,000 square feet of floor area in size. 4 2 2 Limitations on Minimum Square Footage of Buildings and Space Except with respect to the two restaurants identified in Section 4.15 above, a maximum of 75,000 square feet of the allowable building area allowed on the Property can be developed and/or utilized for uses that occupy less than 10,000 square feet of building space With respect to such 75,000 square feet, a maximum of 8 building pads (exclusive of the "Full Service Restaurants" referred to in Section 4 1.5 above) may be less than 10,000 square feet each Moreover, no building pads on the Property may be less than 5,000 square feet in size Additionally, with respect to the 75,000 square feet, only those uses identified on Exhibit "C" shall be allowed to occupy less than 1,500 square feet of building space or uses which are the reasonable equivalents of the specific businesses listed in Exhibit "C" as determined by the Planning and Building Safety Director in lus 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 4.3 Building Standards All construction on the Property shall adhere to the California Building Code, the California Electrical Code, the California Mechanical Code, the Uniform Sign Code, the Uniform Code for Abatement of Dangerous Buildings, and Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively the `Building Codes ") 44 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Applicable Rules, the Project Approvals and this Agreement Additionally, Developer shall pay all applicable fees that are in effect at the time that fees are required to be paid pursuant to Section 6.2 of this Agreement This Section shall not be construed to limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, JN1,I 44386 \1060366v16 vs 1060366v15 building permits and other similar permits, which fees are designed to reimburse City's actual expenses attributable to such application, processing and permitting and are in force and effect on a City -wide basis at such time as said approvals and permits are granted by City 4.5 Use of Easements Notwithstanding the provisions of the Applicable Rules, easements dedicated for vehicular and pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable, environmental remediation and other utilities and facilities so long as they do not unreasonably interfere with pedestrian and/or vehicular use Vesting of Development Rights 5 1 Applicable Rules The Applicable Rules shall consist of the following 5 1.1 The General Plan, as it exists on the Effective Date, 5 12 The City's Municipal Code, including the Zoning Code, as the Municipal Code exists on the Effective Date, 5 13 Such other laws, ordinances, rules, regulations, and official policies governing permitted uses of the Property, density, design, improvement, and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement 52 Entitlement to Develop. The Developer is hereby granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and any future approvals applied for by the Developer and granted by the City for the Project or the Property (the "Future Approvals ") 5.3 Subsequent Enactments Any change in the Applicable Rules, including, without limitation, any change in any applicable general plan or specific plan, zoning, or subdivision regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or any other board, agency, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be (collectively the "Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the Property, shall not be applied by the City to any part of the Property 54 Future Approvals 5 4 1 Minor Modifications to Project Developer may make minor changes to the Protect and Project Approvals ( "Minor Modifications ") without amending this Agreement upon the administrative approval of the City of El Segundo Director of Planning and Building Safety (the "City Planning and Building Safety Director ") or designee, provided that such modifications are consistent with the Development Standards, Applicable Rules and Project Approvals The City shall not unreasonably withhold or delay approval of any Minor Modification The City shall have the right to impose reasonable conditions in connection with 321 44386 \1060366v16 vs 1060366v15 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 tlus Agreement. 5 4 2 Modification of Protect Approvals. It is contemplated by City and Developer that Developer may, from time to time, pursuant to Section 5.4 1 seek amendments to one or more of the Project Approvals Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are authorized pursuant to this Section 5.4 2 and shall, upon approval by City, continue to constitute the Project Approvals as referenced herein The parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement 5 4 3 Modifications Requiring Amendment to this Agreement Any proposed modification to the Project which results in any of the following shall not constitute a Minor Modification but rather shall constitute a Major Modification and shall instead require an amendment to this Agreement pursuant to Section 15 below (a) Any decrease in the required building setbacks as set forth in the C -4 Zone; (b) Any increase in the total developable square footage of the entire Property in excess of the maximum FAR allowed under the C -4 Zone; (c) Any increase in height of buildings or structures on the Property above 65 feet, (d) Any decrease in the minimum required lot area as set forth in the C -4 Zone, (e) Any decrease in the minimum required lot frontage as set forth in the C -4 Zone, (f) Except as set forth in Section 4.2.3 above, any change to the requirements of the transfer of development rights as set forth in the C -4 Zone, (g) Any increase in the maximum number of A.M and P M. peak hour vehicle trips for the Project as specified in the conditions of approval and Mitigation Monitoring and Reporting Program (MMRP), unless a subsequent traffic report has been prepared to the reasonable satisfaction of the City's Planning and Building Safety Director that identifies potential impacts and proposes feasible mitigation measures to mitigate such impacts and otherwise complies with CEQA, (h) Any change in use to a use which is not permitted under this Agreement, 44386 \1060366vl6 vs 106036605 7 3 2 2' (1) Any deviation from the uses and development standards or limitations set forth in Section 4.1 and Section 4 2 of this Agreement, except to the extent these Sections specifically provide for the Council to approve of alternative uses or square footage requirements, and; 0) Any material modification to Developer's obligation to dedicate the public roadways to the City as provided in the conditions of approval and the MMRP Other than the Mayor Modifications listed above, all other modifications to the Project shall be considered "Minor Modifications." 55 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 56 Timme 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. 57 Term This Agreement shall be in effect for a period of eight (8) years from the effective date of the Enabling Ordinance, However, Developer or City shall be entitled to, by written notice to the other Party prior to the Agreement's expiration, one (1) five (5) -year extension, provided that the requesting Party is not in material default of its obligations hereunder at such time 0023 44386 \1060366vl6vs 106036605 58 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 6 Developer Agreements 61 General. The Developer shall comply with (i) this Agreement, (n) 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 6.2 Development Fees. Subject to the provisions of Section 4.4 above, Developer shall pay the development fees in effect at such time that building permits are issued for the Project The Developer shall be entitled to credits against the City's traffic mitigation fees to the extent off -site traffic improvements that are required by the Project Approvals are included in any subsequent traffic fee mitigation program adopted by the City pursuant to Government Code Section 66000 et seq Such credits shall be based upon the actual audited costs and shall only be granted to the extent such improvements are constructed in accordance with all applicable state and local laws The Developer waives any and all rights it may have to challenge development fees that are currently applicable to development within the City and the City's right to amend its current development fees and/or impose additional development fees However, the Developer retains the legal right to challenge the amount of any such amended or 324 44386 \1060366vl6 vs 1060366v15 9 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 Protect Approvals Pursuant to Califorma Government Code Sections 66452 6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 5 7 above. 65 Sales and Use Tax (a) In the event the contract price for any work on the Project is valued at five million dollars ($5,000,000) or more, Developer agrees to report, on a State Board of Equalization Tax Return, any purchases of tangible personal property made in connection with the finishing of and/or installation of materials, or fixtures for the Project, when such purchases were made without sales or use tax due Developer shall indicate the City as a registered fob 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 lob 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 C -4 Zone, which Zone was established concurrently with this Agreement, will likely involve the construction of significant public infrastructure improvements in the future (for example, public roadways and utilities) The Developer, owners and occupants of the Property are hereby on notice that such construction activities may result in a reduced but not a lack of access to the Property and other 325 44386 \1060366v16 vs 1060366v15 10 temporary physical and financial negative impacts to the Property and the uses thereon due to noise, dust, vibration and other normal and temporary construction related impacts Developer, owners and occupants of the Property agree not to file any claims or legal or equitable actions against the City or the developers of the C -4 Zone relating to, or arising from, such temporary negative impacts associated with such public improvement construction activities that seek to enjoin the construction activities or seek damages based upon or arising out of alleged or actual temporary business interruption to or temporary business financial losses incurred by the Developer, owners or occupants of the Property This provision shall survive the termination of this Agreement and shall remain in effect for a period of 30 years from the effective date of this Agreement 68 Contribution to Downtown. Developer agrees to pay the City $125,000 upon the earlier of: (1) the expiration of the statute of limitation for challenging the Project Approvals with no challenge having been filed, or (2) upon a final court judgment or settlement of litigation which results in the Developer being allowed to proceed with development of the Property Thereafter, Developer shall pay the City an additional $125,000 within one year of the date upon which the Developer was obligated to make the first $125,000 payment to the City. These funds paid to the City shall be used for purposes of enhancing, promoting, or maintaining the public right of ways adjacent to the business and properties within the Downtown Specific Plan area The City shall form a subcommittee with representatives from the City and business community for purposes of forming recommendations to the City Council with respect to the expenditure of such funds 69 Third -Party Agreements 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 for the Property that are currently permitted pursuant to this Agreement or in the C -4 Zone in any respect, including but not limited to the particular retailers, types and/or sizes of structures or businesses, types of uses, or the owners of any businesses allowed on the Property The Developer may request that the City Council consent to any such restriction which consent may be withheld in the City Council's sole discretion Without acknowledging that any of the uses identified in (5) and (7) below are permitted pursuant to this Agreement or the C -4 Zone, the provisions of this Section 6.9 shall not apply to, or affect or restrict the terms of (1) any lease between the Developer and a bona fide tenant of the Property for purposes of restricting competition relating to the tenant's business, (2) any purchase and sale agreement between the Developer and a bona fide retail business /purchaser of one or more parcels of the Property for purposes of restricting competition relating to the retailer's business, (3) any agreement or permit between the Developer and any federal, state or regional regulatory agency (not including the County of Los Angeles or cities), such as, but not limited to the Army Corps of Engineers, the Environmental Protection Agency, the Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public Utilities Commission, the Regional Water Quality Control Board and the California Department of Fish and Game,(4) normal and customary covenants, conditions and restrictions for retail centers (commonly referred to as "CC &R's ") so long as such do not restrict the uses that are currently permitted on the Property pursuant to this Agreement or the C -4 Zone; (5) any restrictions on residential, health care, child care, schools, or other similar uses imposed by the current owner of the Property, Honeywell International Inc , (6) any restrictions on using groundwater underneath the Property for human consumption, 326 44386 \1060366v16vs 1060366v15 11 irrigation, or other purposes that might bring groundwater into contact with humans, or (7) restrictions prohibiting bowling alleys, arcades, skating rinks, billiard rooms, carnivals or circuses, the sale of used goods or materials, dance halls, bars (not including bars that are an ancillary use to another permitted use), funeral parlors, the sale of paraphernalia for use with illegal drugs, automobile services (including but not limited to service stations), automobile sales, liquidation sales (not including court ordered sales), veterinary services (except as ancillary use to a pet store), tattoo parlors and pawn shops. Citv/Develoyer Agreements 7.1 Expedited Processing The City shall process, at Developer's expense, in an expedited manner all plan checking, excavation, grading, building, encroachment and street improvement permits, Certificates of Occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project in accordance with the City's accelerated plan check process under the Applicable Rules Without limiting the foregoing, if requested by Developer, the City agrees to utilize private planners and plan checkers (upon Developer's request and at Developer's cost) and any other available means to expedite the processing of Project applications, including concurrent processing of such applications by various City departments 72 Processing Cooperation and Assistance To the extent permitted by law, the City shall reasonably cooperate with the Developer in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi - governmental entity in connection with the development of the Project or the Property Without limiting the foregoing, the City shall reasonably cooperate with the Developer in any dealings with federal, state and other local governmental and quasi - governmental entities concerning issues affecting the Property. The City shall endeavor to keep the Developer fully informed with respect to its communications with such agencies which could impact the development of the Property 73 Processing During Third Party 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 9 Demonstration of Good Faith Compliance 321 44386 \1060366v16 vs 1060366v15 12 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. 9.2 Good Faith Compliance. During each Periodic Review, the Developer shall demonstrate by written status report that, during the preceding twelve (12) month period, that it has been in good faith compliance with this Agreement. For purposes of this Agreement, the phrase "good faith compliance" shall mean that the Developer has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with the Developer's material obligations under this Agreement 93 Information to be Provided to 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 9.4 Notice Of Non - Compliance. Cure Rights Subject to the provisions of Section 14 1 below, if at the completion of any Periodic Review, the City Planning and Building Safety Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (i) the Developer has not demonstrated that it is in good faith compliance with this Agreement, and (n) 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. 328 44386 \1060366v16 vs 106036605 13 review. at least ann`uilly• reement shall not e Gtty's failure to Th is Ng lc Agzeement eriodic Reviev+'• ditions of hi of Failure of P tiie terms and cbn any othex F dex shall be 9, 6 Developer with a breach y hereon e party ce by te b aziy Party of its obligaflons idedthat th lion ed Y ned,prov ably possible that comp or be assert as deft n as reason delay an constitute Petformanpe by any Par • Party as shall Toe includnig Delay, soo Dela d of ,Excusable to the other Excusable Delay the delay, 1Q. ed duti glauy Pell" the delay uses h�zeof claiming icketing oz other notice o£ excus the delay givesascertained For a� control o£, (C) rlot,(d� sink n xWess by lea son o clarining e has been and the z b °i I Comii'otian'+ ( m age to sed Y alter the sam and is bey lies; dam wor othez than act of God; ( delay of e affects, is or suPP onab y f esaeable enrol anent, PT0le6t 1 to overnin a directly itatson'. t) ateria ' m e�Y, a without lim shortageo he casuaxvy (BS a Orr rnarzdated y of thin, t f the ProP`e ute; (e7 imp° eking the validit develop t of due to labor d'sP eaithtlu e Or restriction aria foz delay ded flood> eeable b a Hurd paw action neccssarY dex or (l } be exten tieaI bl unfores ht Y er ereun ent shall ° (a i) tigationb�uB oval or any oth Or the Developer h n of this Agreem APPi °Nall aFub any faulty ardious materials `lheten used y of haL lay delays 0a ediat�on edtohaVebreached presence °r rem xcusable D deem e is by any Period of F all be d the same to this Agreement sh eernent an „ pefauitFx visio of this Aar ofviolatrou iher party rovisions "N °e hall notce less than 11 Dew E ches any of the p of violation (*1e etar5 defaults 11 1 hied notiee ryod of tim atena11Y written which 6) days for non -mR cannot reement if e me set forth e a sixty ( then the br g eachm tn'oC within ping arty to the bred lot less than d if the bxeaV, rouce d ed F and noC le ravide e limit an ni the nonbreac ouetarY defaults, ed received, P e a urthn' ,uch rim have occiitzed, the tim ithin ' t tray . fro days form within ty at a defa l that the notice is deae£ault e ten (10) to cute the termli'ate ty is ASreein n m the date c a n °n "monetary n ences City determines e Sr cn fro blY cur ult if it coin l£ the its mtentiati to ant Cod e elope sal zeasona otbe m de£a thereafter• e Developez °f gents of GoQe e D that the Fart eS �y effects such den notice to � earing reyuizen ny, ontte d p n the ev'dat this dilig shall give ` nd public h et for ox term the heap a ina the City with Al e notice a d laces City Council finds modif y and COOP1y6�868 At the tibe heard If thethe City Council may with bSAb1 an an oppartunit of this AgYeen'ent, 1 sorted Nativeofvialattoo alle% be given is in breach ature ion of Che BverY ent the n Developer of v iolatiof c Agreem e A), the p °rt once Agreeu1ent ice of this Agieem cured 'The n 112 Coil ant of t to this Secti °n °f d' a be satisfactorily is iven Puxsuan attinent PrOVisio m Y that it % aces to the p wh�chthe br 9 hereof, reach of speciftctty refere er in Section ee that the reri1ed'es for b breach, (incivaved, and the main' with ectlon The rty inval in accordance subs vtop be deeiued given for Bra ch 'lhe ?'I" t forth in s Barn dies e remedies exP 3 2 t s Agreemet shall be limited to thi tt _. '.0 remedies for breach of this Agreement by City or Developer shall be limited to injunctive relief and/or specific performance 12 Mortgagee Protection This Agreement shall not prevent or limit the Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain Agreement interpretations and agrees, upon request, from time to time, to meet with the Developer and representatives of such lender(s) to provide within a reasonable time period the City's response to such requested interpretations. The City will not unreasonably withhold its consent to any such requested interpretation, provided that such interpretation is consistent with the intent and purposes of this Agreement Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at a judicial or non- judicial foreclosure sale or a person or entity who obtains title by deed -m -lieu of foreclosure on the Property shall be entitled to the following rights and privileges 121 Mortgage Not Rendered Invalid Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any mortgage or deed of trust on the Property made in good faith and for value No Mortgagee shall have an obligation or duty under this Agreement to perform the Developer's obligations, or to guarantee such performance, prior to taking title to all or a portion of the Property 122 Request for Notice to Mortgagee The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive a copy of any Notice of Violation delivered to the Developer 12 3 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 arising 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 330 44386 \1060366vl6 vs 1060366v15 15 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 term of this Agreement. 126 Disaffirmation. If this Agreement is terminated as to any portion of the Property by reason of (1) any default or (n) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for the Developer or its property, the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section 13 Estoppel Certificate At any time and from time to time, the Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party (i) this Agreement is in full force and effect and a binding obligation of the Parties, (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 may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest 14 Administration of Agreement 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. 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 44386 \1060366v16 vs 1060366v15 16 331 details of performance of City and Developer If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by City and the Developer. Operating memoranda are not intended to and shall not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore public notices and hearings shall not be required The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment hereof which requires compliance with the provisions of Section 15 below. The authority to enter into such operating memoranda is hereby delegated to the City Planning and Building Safety Director, and the City Planning and Building Safety Director is hereby authorized to execute any operating memoranda hereunder without further City Council action. 143 Certificate of Performance. Upon the completion of the Project, or the completion of development of any parcel within the Project, or upon completion of performance of this Agreement or its earlier revocation and termination, the City shall provide the Developer, upon the Developer's request, with a statement ( "Certificate of Performance ") evidencing said completion or revocation and the release of the Developer from further obligations hereunder, except for any ongoing obligations hereunder The Certificate of Performance shall be signed by the appropriate agents of the Developer and the City and shall be recorded in the official records of Los Angeles County, California Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093 15. Amendment or Termination by Mutual Consent Except as otherwise set forth herein, this Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and the Developer, and upon compliance with the provisions of Government Code Section 65867. 16 Indemnification/Defense 16 1 Indemnification The Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developer's performance pursuant to this Agreement except to the extent such is a result of the City's negligence or intentional misconduct Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or the Project Approvals or any provisions thereof, including without limitation the CEQA determination and rezoning relating to the Other C -4 Property which is not otherwise the subject of this Agreement 332 44386\1060366vl6 vs 1060366v15 17 162 Defense of Agreement If the City accepts Developer's indemnification and defense as provided in Section 16 1 above, the City agrees to and shall timely take all actions which are necessary or required to uphold the validity and enforceability of this Agreement and the Applicable Rules This Section 16 shall survive the termination of this Agreement 17 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element 18 Effective Date This Agreement shall become operative on the date the 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: Jenkins & Hogm LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention Mark D Hensley, Esq If to Developer Rosecrans - Sepulveda Partners, LLC c/o Mar Ventures, Inc 2050 West 19e 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 12`h 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. 333 44386 \1060366v16vs 106036605 18 Cox, Castle & Nicholson LLP 2049 Century Park East, Suite 2800 Los Angeles, CA 90067 Attention: Ronald I. Silverman, Esq Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile 20 Entire Agreement This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein 21 Waiver No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought 22 Severability If any provision of this Agreement is determined by a court of competent jurisdiction to be 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 Protect or Property in accordance with the terms of this Agreement 3.34 44386 \1060366v16 vs 1060366v15 19 27 Rules of Construction The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of 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 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 arising 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 Califorma, the date for such determination or action shall be extended to the first business day immediately thereafter. 33 Not a Public Dedication Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property The Developer shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose which is not consistent with the development of the Project Any portion of the Property conveyed to the City by the Developer as provided herein shall be held and used by the City only for the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to such portion of the Property 44386 \1060366v16 vs 1060366vl5 20 335 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 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 LM Mark D Hensley, City Attorney CITY CITY OF EL SEGUNDO, a municipal corporation QI Kelly McDowell, Mayor DEVELOPER ROSECRANS - SEPULVEDA PARTNERS, LLC, a California limited liability company By Mar Torrance Partners, LP A Delaware limited partnership M. Managing Partner Allan W. Mackenzie, President 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 . � 44386 \1060366v16 vs 1060366v15 21 J 11 By — Its By Its P \Planning & Building Safety\PROJECTS \626- 650\EA- 631 \Council Agenda Packet \3 -1 -05 hearmg\Plan Dev Agreement Feb 2105 doc 337 44386 \1060366vl6 vs 1060366v15 22 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, ANEW 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 3.)8 44386 \1060366vl6 vs 1060366v15 A -1 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 49 056'05" 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 421 07 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 40003'55" 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 333 44386 \1060366v16 vs 1060366v15 A -2 EXHIBIT B Recording Requested By and When Recorded Mall To Cox, Castle & Nicholson, LLP 2049 Century Park East, Suite 2800 Los Angeles, California 90067 Attu• Ronald I Silverman, Esq ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement") is made and entered into by and between ROSECRANS- SEPULVEDA PARTNERS, LLC, a California limited liability company ( "Assignor "), and a ( "Assignee ") RECITALS A The City of El Segundo ( "City ") and Assignor entered into that certain Development Agreement dated 2005 (the "Development Agreement "), with respect to the real property located in the City of El Segundo, State of California more particularly described in Exhibit "A" attached hereto (the "Project Site "), and B Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, Including without limitation, approval of for the Project Site (collectively, the "Project Approvals ") C Assignor intends to sell, and Assignee intends to purchase that portion, of the Project Site more particularly described in Exhibit "B" attached hereto (the "Transferred Property ") D In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Transferred Property Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Transferred Property THEREFORE, the parties agree as follows 1, 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 �4fl 44386M60366v16vs I060366YIS B_1 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" Date By- Its A 44386 \1060366vl6 vs 1060366v15 B -2 ✓ 1 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this ^ day of , CITY OF EL SEGUNDO IS STATE OF CALIFORNIA ) ) SS COUNTY OF ) Planning and Building Safety Director or Designee 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 STATE OF CALIFORNIA SS: COUNTY OF Signature (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) 44386 \1060366v16vs 1060366v15 B -3 342 EXHIBIT C LIST OF TENANTS ALLOWED WITH LESS THAN THE MINIMUM 1,500 SQUARE -FOOT TENANT SPACE Type Company Accessories Kate Spade Collection Accessories Furla Apparel/Family Apparel/Family Speedo Authentic Fitness Apparel/Family Apparel/Family Beyond the Beach Apparel/Family Apparel/Family Cashmere House Apparel/Family Apparel/Family Lacoste Apparel/Women Geor iou Retail Stores Apparel/Women Maternity Works ApplianceslElectronics Casio Appliances/Electronics Bang & Olufsen Arts /Crafts Color Me Mine Bakery Mrs Beasle 's Bakery Cinnabon Bakery Mrs Field's Cookies Beauty Supply L'Ocatane BeautV Supplv 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 Coffee /Juices Diedrich Coffee Coffee /Juices Starbucks Coffee Computers Apple Computer Computers Ex etec B¢ Computers EB Games - Electronics Boutique Eye Care Sterling Optical Eye Care Sun lass Hut International Eye Care Oakley Inc Health Food GNC Nutrition Centers Ice Cream/Yogurt Haa en -Daz Ice CreamNo urt Ben & Jerry's Ice Cream 343 44386 \1060366v16 vs 1060366v15 C -1 Type Company Ice CreamNo urt Gelato Classico Ice CreamNo urt Cold Stone Creamery Jewelry Landau Jewelers Jewelry Watch World International Jewelry Murata Pearl Company of California Jewelry Swatch Jewelry Kay Jewelers Jewelry Crescent Jewelers Jewelry Zales Jewelers Jewelry Helzberg Diamonds, Inc Luggage LeS ortsac MusicNideo Hear Music Office Furniture Dansk Design Photo Bel Air Camera Inc Photo Ritz Camera Postal Service Mail Boxes Etc Postal Service UPS Store Postal Service DHL Worldwide Express Shoes Johnston & Murphy Shoes Adidas Shoes Nine West Shoes Tod's Shoes Shoes Bostonian Shoes Shoes Naturalizer Retail Shoes Easy Spirit Shoe Shoes Enzo An iolini Shoes Aerosoles Sporting Goods Hank Lloyd's Orange County Tennis Sporting Goods Two Wheels One Planet Sporting Goods No Fear Sporting Goods Surefoot Sporting Goods Jack's Surf Shop Sporting Goods O'Neill Surf Shop Telephone Store Star Cellular Telephone Store Mobile Systems Wireless Tele hone Store Air Call Wireless Tele hone Store Cin ular Wireless Toys Puzzle Zoo 341 44386 \1060366v16 vs 106036605 C -2 EXHIBIT D DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND ROSECRANS - SEPULVEDA PARTNERS, LLC (AREA A) DEFINITIONS Agreement .. Approved Plans Area A .... ..... ... .... Building Pad .. .. . .. ... Certificate of Performance ... ... City ... ... ... ... ... City Planning and Building Safety Director .. City Council.. Developer. ... Development Standards. Effective Date EIR.. ... ... Enabling Ordinance . . Excusable Delay ... ... Fast Food Restaurant. Food To Go Restaurant Full Service Restaurant Future Approvals . General Plan ... .... Good Faith Compliance ... ... Honeywell. ... ... Minor Modifications . ... .... Mortgagee. ... ... Notice of Violation Other C -4 Property ... Party/Parties Periodic Review Project. . Project Approvals Project Site ................. ............... ..... Property .. Subsequent Rules Transferred Property 44386 \1060366v16 vs 1060366x15 D -1 Section ... ... .... ... Introduction .... ... 5 4 3 .... 12 .... .... .. 4 2 2 ... ... ... .143 ... Introduction 541 .... . ... 1.12 Introduction 42 ... 18 1.4 ... ... .... 112 10 ... ... .... ... 4.1 3 4.11 ... ... 4.15 ..52 I9 92 Introduction ....5 4 1 ... 12 11 1 1.4 Introduction .. ..... 91 ... 1.3 1d ..Exhibit B, Recital A 12 . 5.3 Exhibit B, Recital C 345 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, Development Agreement No 03 -1, General Plan Amendment No 034 & 03 -5, Zone Change No 03 -2 & 03 -3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7 ( "Project Conditions ") shall be fully complied with as set forth below All mitigation measures in the Environmental Impact Report which are reflected in the Mitigation Monitoring and Reporting Program for the proposed Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative are incorporated by this reference into these conditions of approval DEFINITIONS 2 Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these conditions A "P B S Director" means the City of El Segundo Director of Planning and Building Safety, or designee B "EIR" means the Final Environmental Impact Report for the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project (SCH No 2003121037), El Segundo, California C "ESMC" means the El Segundo Municipal Code D "Protect 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 Protect 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 Protect 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 346 3/1/05 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL AESTHETICS Liahtina 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 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 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 budding that is the subject of the Certificate of Occupancy Materials and Design 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 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 project, 34'7 371105 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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, 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, Service, storage, maintenance, utilities, loading, and refuse collection and other similar areas must be located out of the view of public roadways and buildings and screened by dense landscaping and solid walls, unless the PBS Director determines such is not practicable No chain link fences may be used for such screening, K Walls along the north property boundary of the Project Site and walls used to screen service and storage areas must be of the same materials, colors, and finishes as adjacent buildings or compatible finishes and colors, A six -foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way and along the northern property line of Lot 19 of Vesting Tentative Tract Map No 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right -of -way A six -foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right -of- way with screening of the right -of -way with the use of landscaping, including, without limitation, vines, hedges and /or trees to the satisfaction of the P B S Director, M Chain -link fences are not permitted, except as described above, and as temporary construction fencing, N Building design will meet the City's standards for the attenuation of interior noise, O All service areas must be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation, HE 3/1/05 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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, 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 Project Area Until such time as reclaimed water is made available, potable water may be utilized for irrigation, F Ali 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 4' 3/1/05 4 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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 ii lm 9 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 Protect 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 Protect 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 Protect Area, E Not withstanding any other provisions in the ESMC, no freestanding or pole signs, except as described in Condition No 10 below, are permitted along the Rosecrans Avenue frontage of the Protect Area, F All signs must be architecturally compatible with the proposed buildings, .J 3/1/05 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL G All signs must be compatible with the aesthetic objectives of the General Plan, and, H No sign must impede traffic or pedestrian safety 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 City Council 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 A M to 6 P M , Monday through Saturday, unless such hours are extended pursuant to a Noise Permit issued by the P B S Director During the construction phase, all unpaved construction areas must be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles must be used to reduce dust emissions by as much as 50 percent The applicant must ensure that all materials transported off -site will be either sufficiently watered or securely covered in compliance with Rule 403 Resultant peak daily exhaust emissions from diesel- and gasoline- powered construction equipment must be monitored to control emission levels that exceed SCAQMD screening thresholds During construction, trucks and vehicles in loading or unloading queues must keep their engines off, when not in use, to reduce vehicle emissions Construction activities must be phased and scheduled to avoid emission peaks, and construction must be discontinued during first- and second -stage smog alerts On -site vehicle speed during construction must be limited to 15 mph Before issuance of a Grading Permit for each Project Area, the applicant must provide a Construction Management Plan to the P B S Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase Daily records of construction hours and activities must be maintained by the applicant throughout the construction phase ENERGY 13. Before the issuance of a Budding 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 351 3/1/05 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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, 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 3/1/05 7 3 5 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation Compliance with this measure must be verified by the P B S Director before permit issuance 18 Before the issuance of each 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 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 Protect Area or a portion thereof, the applicant must prepare and submit a Grading Plan for review and approval by the P B S Director and the Director of Public Works The Grading Plan must include, without limitation A The Grading Plan must demonstrate compliance with applicable provisions of the ESMC and City policies and requirements, B The Grading Plan must show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities, C Grading depths must not encroach upon or damage the existing sewer lines on the property, D Haul routes for import/export trucks and other heavy construction related vehicles must be approved by the Director of Public Works, E No haul routes may travel through the City of Manhattan Beach during A M or P M peak hours, F All grading must be accomplished in accordance with the recommendations of a independent 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 sod contamination, if applicable, H Additional information, as required through the plan check process, must be included as appropriate, 3/1/05 8 3-33 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Final grading activities must be coordinated with the City Engineer at the time the Grading Permit is issued, and, Compliance with the above measures must be verified by the P B S Director before issuance of each Certificate of Occupancy 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 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 Compliance/Verification 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 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 "), 3 J 3/1/05 9 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL C Telephones, D Trash dumpsters (including space for recyclable materials), E Indoor and outdoor security cameras installed at strategic locations, including employee and other vehicle parking areas, F Parking lots and structures, G Fences, walls, H Security hardware, 1 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 iJJ 3/1/05 10 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL PROJECT DESCRIPTION Plans 28 The City of El Segundo requires development project applicants to prepare and submit Final Working Drawings for review and approval The applicant must provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval The Final Working Drawings must indicate proposed uses, budding sizes and heights, and the specific location of structures, loading docks, staging areas, parking layout, landscaped areas and recreational amenities The Final Working Drawings must include vehicular, 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 building, the applicant must provide evidence to the P B S Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met 29 The Plaza El Segundo development project is allowed to develop up to a maximum of 425,000 square feet consisting of a combination of uses as permitted by the Plaza El Segundo Reduced Traffic Generation Alternative described in the Final EIR, the C -4 Zone and as limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the project as a whole is not exceeded 30 The maximum project size may be reduced as determined by the vehicle trip generation for each use The Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips MAXIMUM PERMITTED TRIPS AM PM Daily Saturday Midday Sepulveda /Rosecrans Site 1,033 2,346 25,859 3,379 Rezoning Plaza El Segundo Development 779 1,477 16,645 2,205 Project 356 3/1/05 11 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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, 1/B =61 %, O/B =39% PM Peak Hour Ln(T) = 0 66 Ln(A) + 3 40, I/B =48 %, O/B =52% Saturday Ln(T) = 0 65 Ln(A) + 3 77, I/B =52 %, O/B =48% 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), 1/8=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 [NIA]* 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 %, OIB =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 = 5311 (A), I/13=51 %, O/B =49% PM Peak Hour T = 34 64 (A), I/B =52 %, O/B =48% Saturday T = 59 20 (A), I/13=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 %, 01B =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 357 3!t(05 12 CaD►VC14 LUTION No. 31, C 01?DINANCE Alo. t «p.. CQ st Y of et Segun DNDITtONS DpAp � �Z'xhibit "C' Dir on dq Stages oof Construct 'rector en' Plan requires ordevelopmen A etc, The ro public W each pro t Project p B, S Direct r ruction including orks The Cons Rrea foapevrcana to telecorrlm °rend De Manager grading, d� trucbon mew and Prepare an limita unrgati0 Partrp ent p/a rt haulm and aPprgval d submit Plan tion, traffic n utihhes, ent of publi " rs also r 9, emplo ent plan by the p a a must ide control r" the C WoMss required f Yee travel "rust consider S S cone Par provide ham types and a f °rbahy "aht of -fway Snstallat qn ow and app pl s delri delivery strfiction must Include routes, sta ppr °x'mate ne C10Sures uch a plan anY util�tres val by the truck ha and sta 'but not be 9m9 area i number of The Co must 'nclu including must b the rout aging of cons ruceas, co�nstru t° ° nst ��bo" and nth t'gn veh clew Ma a9ement G of h'9h chains Dur�9nca ttan B ae Method nd pa kingurs, construCClio or Lane oUtilizeat nghf fof site fenink fence "ecuchon, the arg R M a pules Nor�'nagiaccess plailer locatrong I to or cov X At �a "ng norm is lt�be Igcated ate areas that °nstu oneak h urs, RI! are perm "9 points end of each 'on, trash dnveWa have ad must be Stagin t th °r secured �n construct must be em° an must notonal fenC n closed by areas per, ucho a Constu accord n da ved fr open 9 r sit - 8 ach day ctron area dance with C all open trenc the proJever sideW�'�ements 32 Sef to receive antis appijcantst be laa/ OSHA ouches must a Site re9ula public ore the rss d respond to Prood a "d /or fuards All 9atm Y os "d pletel ds vide evidence to of a a tWe y Se es a ed oW ements not to the p Grading or g . nts dunn9 coty'four hocured at f<rned access by the apphc SemeOwned o or � nt Dire that g permit for nstrucGon every day contact f ant with der Se olled by thegradi79 Ora the protect 33 Sefore the the easern ate Gradin applicant has construction a, the apph Plans and issuance t holder as 9 and /or been a on pro Cant mu ramps, an sPecrfrgafrgOf a Swldrn CO _apphga Suildin9 Per Proved by the or Within Site t is right of W. toner tQr any news ur for the pr if needed (s% rust property as rea ay for (R, C bs oleo be obtained other sonab any mi ) Pavement, sidewalk Area develo in areasty required sing Publ, ent, that s. dnvew' the apph pSua"Ce of t "rust bett'e Perimeter the D'recto �9rentsi I be Construcag proaches,must submit emit, the a Certific removed r of the pr of public eaS on the direconstr wheelchair to the reasonal� s "t ryajUSt rn GccuPa� y pfaadect Its that rks qty exi met d °f theme oject atisf all th ° the wit fond Will be stirs drive pr action of the a required build, Ing thatr� Curb an"'PoratedwayS and 3q The ,required o f Public improvers the sub d Sidewalk into the 9re app °n o must dedicate rector of AND c works ents per the app tos�u� d/n9 con ant Shall o cur th oug anq Pois d poC ad Paoe and of he -p plans IES n r ®cordafion of fhe p9 T Map ve A4ap s�fiys3�to�t t t 117 h eCity for the 3 /lion Such dedication rnet 13 3 ;) 8 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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 budding location does not meet the development standards of the Commercial Center (C -4) Zone due to the location of the existing lot lines No Certificates of Occupancy shall be granted for any use or structure until the recording of the Final Map Accordingly, construction that proceeds before the recording of the Final Map is done at the Developer's risk that a Certificate of Occupancy will not be issued 39 After the recording of the Final Map, the applicant must submit a Lot Line Adjustment application, if necessary, to realign any parcels to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC 40 The applicant must maintain all existing easements on the site if the easement is still required by its grantee 41 The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right -of -way. Such agreements must be recorded before issuance of any Certificate of Occupancy for a 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, 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 351), 3/1105 14 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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, Budding Permit, or Certificate of Occupancy, as the case may be, the applicant must provide evidence to the P B S Director that all adopted mitigation measures have been or will be implemented pursuant to the project's mitigation monitoring plan Compliance with this measure must be verified by the P B S Director CONSTRUCTION REQUIREMENTS 44 All work within the City public right -of -way must be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications No work must be performed in the public right -of -way without first obtaining a Public Works Encroachment Permit 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 LARWCCB 3/1/05 15 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 budding, the applicant must demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the P B S Director and Director of Public Works 51 Before the issuance of a Building Permit for the Project Area, the applicant must provide evidence to the P B S Director and Director of Public Works that pavement on -site must be adequately applied to prevent sod erosion Further, paved areas on -site must be regularly maintained (i e , all cracks repaired and debris removed on a regular basis) to prevent sod erosion The applicant must install improvements pursuant to the approved plans before final sign -off of the Permit Before the issuance of a Grading or Budding Permit for each 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 Budding Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code) The applicant must install said improvements per the approved plans before final sign -off of the Permit 53 Before the issuance of a Grading or 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 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, 361 3/1/05 16 CITY COUNCIL RESOLUTION No. _ Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL On -site drainage and hydrology improvements have been designed using the necessary hydraulic /hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works and, G All on -site development is consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City, and, H Before the issuance of any subsequent Permit `Final Inspection Approval' for the proposed protect, 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 TRANS PORTATION /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 Protect 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 Protect Site in accordance with the approved phasing plan Compliance with this measure must be verified by the P B S Director before permit issuance As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate 55 Before the issuance of a Building Permit for the Protect Area, the applicant must provide a Pedestrian Access /Circulation Plan to the P B S Director, Recreation and Parks Director, and Police Chief for review and approval The Plan must identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the protect itself, including parking areas, 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 Protect Area, the applicant must provide evidence to the P B S Director, Recreation and Parks Director, and Police Chief that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan 56 Before the issuance of each 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), 36� 3/1/05 17 CITY COUNCIL RESOLUTION No. _ Exhibit "F" CITY COUNCIL ORDINANCE No.. Exhibit "C" CONDITIONS OF APPROVAL B Sight distances for each structure and parking area associated with the building(s), C An analysis of the traffic volumes at each driveway or intersection associated with the building(s) in order to determine if any offsite improvements are warranted (i e , deceleration lanes, left -turn pockets, new or modified traffic signals, etc ) that were not analyzed in the EIR due to the approximation of budding locations in the EIR, D Any new traffic signals or modifications to existing traffic signals must be subject to the review and approval of the Los Angeles County Department of Public Works The applicant must pay the applicable county costs to provide plan check and inspection services, E The applicant must dedicate any on -site land required to accommodate any required intersection and roadway improvements (e g , deceleration lanes) and the new Park Place and Allied Way roadway extensions through the recording of the Final Map, which may be after building permit issuance, but must occur before issuance of a Certificate of Occupancy for any 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 Building Code and, Q Final site plan approval for each building(s) must be contingent upon fulfillment of the above traffic design review requirements All Circulation and Parking Plan improvements which require installation must be installed before the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan Compliance with these requirements must be verified by the Director of 363 3/1/05 18 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL Public Works, the P B S Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer before the issuance of a Certificate of Occupancy 57 The applicant must install "No Parking" and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department 58 The applicant must provide handicap accessible pedestrian walkways, with a minimum five - foot width Any roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right -of -way instead of locating them on private property 59 Before the issuance of the first Building Permit for the 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 widenmgs that will be dedicated to the City Before the issuance of a "Final Inspection Approval" of the roadway improvements, the applicant must install the intersection improvements The improvements must be reviewed and approved by the City Traffic Engineer, and P B S Director 61 Prior to the issuance of a Certificate of Occupancy for any budding 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 building to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences 36 i 3/1/05 19 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 64 Driveway entrances must be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area 65 The applicant must coordinate construction lane closures with the Director of Public Works, Police Chief and Fire Chief 66 Before the issuance of each Certificate of Occupancy for a 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 -s(te utilities, including fiber optic utility lines from each budding to the public right -of -way, are placed underground The applicant must assume the costs for the relocation of all utilities, without limitation, light poles, electrical vaults, and fire hydrants within the Project Area or Project Site Before the issuance of a Certificate of Occupancy for each 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 Budding 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 budding 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 rJ JI)5 3/1/05 20 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 73 Encroachment Permits for work in the public right -of -way must be obtained from the Engineering Division of the Public Works Department A Grading Permit is also required when import or export of dirt exceeds fifty cubic yards 74 Overload permits are required for dirt and material hauling on City streets 75 No material storage is allowed in the public right -of -way except by Encroachment Permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way, it must be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division Storage beyond these areas in the public nght -of -way requires prior approval of the Public Works Director and must be limited to a maximum period of 24 hours 76 Before the issuance of the first Budding Permit for the 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 budding 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 budding 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 Buddover 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 Buddover Permit(s) has been obtained or the easement(s) has been relocated 78 Before issuance of the first budding 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 366 3/1/05 21 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 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 building 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 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 367 3/1/05 22 CITY COUNCIL RESOLUTION No. Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL 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 building that is the subject of such Certificate of Occupancy If the existing facilities serve adjacent properties, the services may require relocation Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other 87 If any off -site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy Before the issuance of a Certificate of Occupancy for each 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 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 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 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 3/1/05 23 3G� CITY COUNCIL RESOLUTION No. _ Exhibit "F" CITY COUNCIL ORDINANCE No. Exhibit "C" CONDITIONS OF APPROVAL WATER 91 Before the issuance of the first Building Permit for each building 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 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 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 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 budding 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 Building 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 building in the Project Area, those areas not already part of County Sanitation District must be annexed to County Sanitation District No 5 36;; 371105 24 CITY COUNCIL RESOLUTION No. ` Exhibit "F" CITY COUNCIL ORDINANCE No. _ Exhibit "C" CONDITIONS OF APPROVAL INDEMNIFICATION 98 The Developer must defend, indemnify and hold the City and Its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (Including, without limitation, attorney's fees), Injuries, or liability of whatsoever kind or nature, arising from the City's approval of the project, Including but not limited to the 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 A Its {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company) P \Planning & Budding Safety \PROJECTS\626 -650\EA-631 \Counctl Agenda Packet\3 -1 -05 hearing \Honeywell Conddwns of Approval CC RTGA doc J 1 Q 3/1/05 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 Subject: Environmental Assessment EA -No 631 Address 850 S Sepulveda Blvd Applicant MAR Ventures Property Owner: Honeywell, General Chemical, Air Products, Kramer & Cc and others The Police Department's has revised some of the comments stated in the December 10, 2003 memo There is also a revision to the lighting requirements listed in the Crime Prevention Checklist The revised Checklist is attached for your convenience As the plans are still in the conceptual stages, it is difficult to make recommendations until specffc 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 buildm ^° 371 850 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 (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 /, r7 r� 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 GENFRAi 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 I IIGHT/NC 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 budding 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. AQDRFSSING 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 FNTRAN _ S/ XITS Entrances and exits shall be limited to keep control and visibility of the building r) 7 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 BEBA�S 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 HARDW 4 RE/DOORS/IVWDOWS All main entry doors (including entry doors from a garage into a residence) shall be of solid core construction with a minimum thickness of 1 314 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 J C 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 e 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 5/8 inch into the head and threshold of the door frame A latch guard shall be placed over double glass entry doors PFR/MET R WALLS C OR FBNQW 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 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 be 6 feet high and all horizontal members shall be on the inside of the perimeter Where wrought iron or steel tubular fencing is used, the horizontal members shall run along the top and bottom portion of the fence Wrought iron or steel tubular fencing is always recommended around a perimeter as it provides maximum visibility Chamlmk fencing shall not have plastic or metal slats weaved within d. This limits visibility into the facility TRASH EPUMPSTERS 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 FMPLOYEF PARK /NC As internal theft is a large percentage of the loss to industry, employee parking should not be located by shippingfreceiving docks or dumpsters 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 37;, EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTIONISECURITY CHECKLIST PAGE FOUR DDCK 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" x 5" vision panel can be installed in the roll -up door PARKINGSDTS AND PARKING STRLICTLIRES 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 Str7irtu rP 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 r 07f, EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE FIVE Passing from light to dark areas creates a problem for drivers because of the eye's inability to adjust rapidly It is also imperative to get light into the edges of parking stalls rather than lust onto driving aisles A transitional lighting plan Within the parking structure shall be established with a minimum maintained of two foot candles of light on the surface White staining concrete is a cost - effective method of increasing general brightness, and when applied to ceilings, walls and beam soffits, reflects light, thereby increasing uniformity and creating a sense of well -being SITE DIRFCTORY 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 TFI EP14ONES 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 SFC lRITY _AM RAS 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 & 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 Security personnel may be requested to be stationed in certain areas of the project to provide additional or necessary security 37 ! EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SIX SAFES OR r0IINTER 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 r_nni ERS All coolers shall be equipped with an interior unlocking or release mechanism in the event employees are locked Inside during a robbery AIR LET RESISTANT ENCLLQSL►RES Depending on the project, bullet resistant enclosures may be required PUBLIC RESTRQO S Public restrooms should be locked Entrance can be made by asking for a token or key O ►TDQOR B N -H S AND TAR] FS Outdoor benches and tables should be constructed in such a way (curved) as to limit the number of people seated at one time or for,long 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 R G►ST RS All cash registers shall be clearly visible from the street and bolted down to the counter MF-RC14ANDISF _QNDQ Ac 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 SFATINM WA! I R 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 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 ATMs shall follow those set forth per the California guidelines no 79 EL SEGUNDO POLICE DEPARTMENT CRIME PREVENTION /SECURITY CHECKLIST PAGE SEVEN HQTEL KEY CARD SYSTEM Hotelsfmotels shall install a changeable electronic key card locking system for guest room and specific rooms (i a laundry, gymnasium, etc) s InZ -lam Depending on the project, a buzz-in system may be required to secure specific areas or lobbies r'O INT R TOP FOR CASH R 21ST R OR -RERWCF DESKS Counter tops for cash registers and service -type desks with a smooth finish such as glass, polished granite or marble enables evidence technicians to lift fingerprints and palm prints after a crime has been committed PARKING BOOTHS The landscaping around the Island of the booth shall be ground cover only. The booth shall be Id 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 aad 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 37 t3 The Honorable Mayor and Members of the El Segundo City Council El Segundo City Hall 350 Main Street El Segundo, CA 90245 Re Plaza El Segundo Dear Mayor and Council Members, Before Tuesday's Council hearing, I wanted to bring the following points to your attention As you know, we recently requested the City adopt the Reduced Traffic Generation Alternative, this request is included on page 481 of the Council package As background, the baseline project description was established in October 2003, to form a worst -case basis for the traffic analysis In February 2004, the Alternative was established as a more realistic tenant mix based on community input and leasing activity at that time Since that date, our leasing has continued to follow that direction First, we believe the reduced traffic generation alternative works. The Conditions of Approval in effect place a trip cap on the project, subject to the cap, there is flexibility to adjust the tenant mix depending on leasing conditions The Reduced Alternative lowers the trip cap by about 13% The reduction in traffic of the Reduced Alternative can be achieved primarily by replacing some fast food restaurants with an equivalent amount of retail, producing the same amount of tax revenue In our meetings with El Segundo residents, their views were clear — the City does not need numerous fast food establishments The traffic reduction alternative is beneficial to all parties because it removes less- favored uses while achieving the goal of reducing traffic impacts and maintaining tax revenue As the developer, we are willing to give up these restaurants in exchange for lowering traffic trips by over 2500 cars a day We hope you wil l agree with us Second, we believe that the economic impact forecasts in the City's staff report are highly conservative given this robust market area. At the outset, we disagree with the City's consultants' belief that adoption of the Reduced Alternative will result in a significant reduction in tax revenue 2050 W 190th Street • Suite 108 • Torrance ^ California , 90504 • 310 782 2525 , Fax 310 7819253 - www marventures com Members of the El Segundo City Council Re Plaza El Segundo Page 2 The comparison is hypothetical only —the determinant of the revenue is what is actually built and leased Our plans in this regard have changed little over the past 18 months, except we have reduced the amount of food service uses and attempted to increase the quality of the retail tenants The Reduced Alternative and our leasing plan have always been consistent with one another Each retail center is unique and is not a perfect predictor of how other centers will perform However, based on the extremely high disposable income and property values in the area, the dearth of any competitive sites, the exceptional performance displayed by nearby stores like Target and Home Depot and restaurants like Houston's and Flemings, both the retailers and we believe that these stores will perform at the highest end of any range of comparable stores Third, interest from national retailers in Plaza El Segundo is very strong. At this time, over 75% of the 425,000 sq. ft is subject to an executed lease or a tenant real estate committee- approved Letter of Intent Strong interest remains on the balance — your approval of this project will enable us to finalize these transactions Fourth, no commitment has been made to Manhattan Beach or anyone else to limit the size and uses of Plaza El Segundo. Our proposed agreement with Manhattan Beach requires that we request you adopt the Reduced Alternative, which, as noted above, is consistent with our leasing plan that has evolved over the last 18 months Our proposed agreement with them to undertake additional traffic improvements is solely the result of our team's identification, approximately one year ago, of additional potential improvements along Rosecrans These additional improvements will be facilitated by virtue of Continental Development Corporation's willingness to contribute land towards such improvements and our commitment to form a Rosecrans Working Group, announced many months ago, designed to implement these improvements Fifth, the adoption of the Reduced Alternative enables the elimination of contentious and questionable traffic mitigations. The reduction in traffic results in the elimination of the requirement to install a new signal at Rosecrans and Continental Way, a private driveway serving Continental Park No project traffic will use Continental Way, and another signal on Rosecrans can only slow the flow of traffic further 3 61 Members of the El Segundo City Council Re Plaza El Segundo Page 3 The Alternative also eliminates the need for a westbound triple left at Rosecrans and Sepulveda, a movement opposed by both CalTrans and Manhattan Beach in their written comments In conclusion, we would ask that you certify Plaza El Segundo's EIR, accept our request for the Reduced Traffic Generation Alternative and direct staff to come back to the City Council with appropriate documentation Thank you Very truly yours, Allan W Mackenzie President . wr♦ .. Cc Richard Lundquist, Continental Development Corporation Dan Crosser, Comstock, Crosser & Associates Phil Hammel, Honeywell International, Inc 38 424 HILLCREST STREET EL SEGUNDO, CA 90245 -2911 FEBRUARY 15, 2005 HONORABLE MAYOR KELLY MCDOWELL & HONORABLE CITY COUNCIL MEMBERS 350 MAIN STREET EL SEGUNDO, CA 90245 GENTLEMEN, I WRITE THIS LETTER IN SUPPORT OF THE PLAZA EL SEGUNDO PROJECT, AND RESPECTFULLY REQUEST THAT YOU GIVE IT YOUR UNQUALIFIED SUPPORT HONEYWELL CORPORATION AND THE DEVELOPERS HAVE MADE EVERY EFFORT TO PROVIDE OUR COMMUNITY WITH A FIRST CLASS RETAIL CENTER WHILE CONFORMING TO OR EXCEDING VIRTUALLY ALL REQUIREMENTS OF APPROPRIATE GOVERNMENTAL AGENCIES. HONEYWELL FOR YEARS HAS BEEN REMOVING CONTAMINENTS FROM THE SITES SUBSOIL, AND IS CURRENTLY REMOVING AND REPLACING TOP SOIL AS NECESSARY. THE COMPANY HAS PLEDGED IT WILL NOT RELINQUISH THE PROPERTY UNTIL THE LAND RECEIVES APPROVAL FROM AFFECTED ENVIRONMENTAL AGENCIES. THE DEVELOPERS HAVE PREPARED AND WILL INCORPORATE TRAFFIC MITIGATION PLANS THAT WILL, UPON COMPLETION OF PHASE TWO, PROVIDE FOR BETTER TRAFFIC MOVEMENT THAN EXISTS TODAY. THE EXTENSION OF PARK PLACE WESTWARD TO SEPULVEDA BOULEVARD WILL SIGNIFICANTLY REDUCE CONGESTION ON ROSECRANS AVENUE. THESE DEVELOPERS ARE LOCAL FIRMS, AND WE ARE QUITE FAMILIAR WITH THE OUTSTANDING QUALITY THEY BRING TO THEIR PROJECTS. IN ADDITION, THEY ARE MAKING EVERY EFFORT TO BRING IN RETAILERS WHO WILL NOT PROVIDE DIRECT COMPETITION TO EXISTING AREA RETAILERS. THANK YOU FOR YOUR CONSIDERATION TO THIS REQUEST. YOURS T LY, ;LOYD CARR Cf 383 TO. CITY COUNCIL CITY MANAGER CITY ATTORNEY PLANNING & BUILDING SAFETY DIRECTOR THE CITY CLERK'S OFFICE RECEIVED THE FOLLOWING COMMUNICATION TODAY R' STATE Or CALIFORNIA — BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENECGER c DEPARTMENT OF TRANSPORTATION DISTRICT 7, REGIONAL PLANNING IGR/CEQA BRANCH 100 MAIN STREET � LOS ANGELES, CA 90012 -3606 F. C IS t1 Fles your powers PHONE (213)897 -3747 `un�t Be energy efcienN FAX (213) 897 -1337 FEB I Fek „14, 2005 Mr Paul Garry, Senior Planner City of El Segundo 350 Main Street El Segundo, CA 90245 Re Plaza El Segundo LA/1 /23 6 -24 6 Final Environmental Impact Report (FEIR) IGR No 050201 /EK SCH No 2003121037 Dear Mr Gerry We have received the Final Environmental Impact Report (FEIR) referenced above right Our DEIR letter of November 18, 2004 was denoted as Letter Number 4 in the Volume II "Responses to Comments” For the California State Department of Transportation, we have the following comments on the responses to the FEIR Letter 4 We are concerned that the off -ramp queuing at Rosecrans Avenue and backup onto the freeway will become worse (Response 4 -2) Even if level -of- service (LOS) condition "F" currently exists, that does not mean that LOS cannot deteriorate further, Our DEIR letter illustrated that with the example of a freeway mainline segment going from F(0) through F(1) to F(2) The length of time that a LOS condition of F continues is significant This concern applies to the off -ramp as well as to the segment (Response 4 -4) of freeway I -405 between El Segundo Boulevard and Rosecrans Avenue Therefore we ask for a funding guarantee for at least an off -ramp traffic signal to exist by scheduled completion of project first phase, according to expectations as noted in the E I R We also ask for evidence that at least work has begun to complete related final agreements with agencies such as City of Hawthorne. We request that the project be conditioned upon at least a set -aside of funds specifically for all improvements to be associated with the signal If no mitigation is done for mainline I -405 freeway, we ask that additional funding shares corresponding to project effects on the mainline be applied to ensure traffic signal funding The additional delay or use of capacity on a mainline segment might be compensated for by similar magnitude of improvement on another segment such as an off -ramp Incidentally, if an effect on another State Route (such as SR -1, Sepulveda Boulevard) cannot be mitigated, substitute improvement on another nearby State facility might be acceptable In applying compensation for any project effects not mitigated, we request consideration of the off -ramp The off -ramp signal should be usable in a coordination of signal operations such as noted in the E I R discussions of ATMS, at least some coordination with the Hmdry Avenue signal on Rosecrans would be desirable Delays in implementation of ATMS or coordination of signal timing should not, however, be taken as justification for allowing delay in installing the off- "Caltrans improves mobility across California' 385 Mr Paul Garry, Senior Planner February 14, 2005 Page 2of 2 Pages ramp signal Temporary holding of set -aside funds by local jurisdictions such as El Segundo or Hawthorne should be considered Incidentally, that 38- percent noted in Response 4 -6 was a combination of the percentage numbers 12 and 26 These numbers are for the two I -405 segments (not just one) that we considered in our DEIR letter For example, on one segment, the project contributes 26 percent of a certain group of additional trips, those for which mitigation would be justified With respect to Sepulveda Boulevard (Response 4 -5) we note the following • The number of north -bound lanes does change between south of 33`d Street and Rosecrans Avenue It is four lanes, south of 33r1 Street Furthermore, the curb lane along Manhattan Village is a fourth lane up to the last Village entrance, and then the lane number decreases to three in the vicinity of a bridge over a former railroad line not far south of Rosecrans Avenue Widening of that bridge might be possible in case of any future very large additional development of Manhattan Village in that vicinity • We request explanation why traffic signal upgrade and south -bound right -turn lane improvement might not be significant for the El Segundo Boulevard intersection • We are concerned about safety of proposed improvements for left turning from west- bound Rosecrans Avenue We believe that there is some experience to indicate that a third left -turn lane could be problematic We request explanation of why turn volume could not be increased with lengthening of the existing two turn pockets We cordially request a meeting to include representatives of Caltrans, the consultant, the cities of El Segundo, Hawthorne, and Manhattan Beach, and Los Angeles County if relevant We wish to facilitate development to the extent possible, and we hope that our involvement could really increase success of development If you have any questions regarding our comments, please refer to our internal IGR/CEQA Record Number 050201/EK, and do not hesitate to contact our IGR Branch Coordinator Mr Edwin Kampmann at (213) 897 -1346 or to contact me at (213) 897 -3747 Sincerely, lk'o' n — v- -q ALAN LIN, for CHERYL J POWELL IGR/CEQA Branch Chief cc Mr Scott Morgan, State Clearinghouse "Caltrans improves mobility across California" 386 1;41y RICHARDS I WATSON I GERSHON Vie ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, Goth Floor, Los Angeles, California 90071 -3101 Telephone 213 626 8484 Facsimile 213 626 0078 RICHARD February 14, 2005 ,i6-1988) GLENN R WATSON (RETIRED) VIA MESSENGER HARRY L GERSHON (RETIRED) ERWIN E ADLER Kelly McDowell, Mayor DAROLD D PIEPER STEVEN L DORSEY and Members of the City Council WILLIAM L STRAUSZ MITCHELL E ABBOTT City of El Segundo GREGORY STEPBROWNE R OC BROWNS 350 Main Street WILLIAM B RUDELL QUINN QUINM M BARROW ARROW U0.0L W LYNCH El Segundo, CA 90245 GREGORY KUNERT THOMAS M IIMBO ROBERT C CECCON STEVEN H WW FMANS GHNJ GALAS Re: Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo KEVIN HARRIS KEVIN G ENHIS Development ROBIN D XAMDA MICHAEL ESTDA IAURENCES WIENER STEVEN R DRR Dear Mayor McDowell Members the City Council• B TI LDEM KIM and of SABKIAT ASAMU RAY SUMS E PETER M TXORSON M TH TAMES L MARKMAH Richards, Watson & Gershon has been engaged as special counsel to the City CRAIG A STEELS T PETER PIERCE of Manhattan Beach with respect to the land use and California Environmental TERENCEA BOGA LISA SON Quality Act issues by the Plaza El Segundo GON IROXAN raised project FILM JIM G GMYSON NOVA CLARKE WILLIAM P CU RLEY 111 Over the course of the last two months, the project applicants have met on MICHAEL YOSHI BA REGINA N DANNER numerous occasions with representatives of Manhattan Beach in an effort to MARGUERITE P SATTERSBY AMY GREYSON understand and address the City's concerns. The City of Manhattan Beach truly DEBORAH R HAKMAN IG FOX CPPIITTMAN those to that to ROBERT H appreciates efforts, and wanted communicate you PAULA GUTIERREZ SAEZA TERESA NO URANO O P G0.0S5 JIM K JIM R AR PIAK As to the project, we have carefully reviewed the EIR We understand that the EVAN McGINLEY ABBE ALERANRRV has formally requested that the City instead adopt the Reduce Traffic EPA MICHAEL P COYNE EL Generation Alternative A of letter from Allan W. Mackenzie Mar Ventures, DIANA CHUANG copy ) K K PATRICK PATRI I C GARCIA BOBKO Inc., to Kim Christensen, the City Manager, dated January 24, 2005, is attached MIGUELS RAMIREZ EZRAI REINSTEIN )UUETE CO% SONALI SA IA DIAL By letter dated November 18 2004 the City of Manhattan Beach VIDHOW DAVID M SNOW ) > previously BRUCE GDMCUR 14r commented on the Draft EIR In light of the public testimony at the Planning GTTHEW L FINNIGAN MATTHEW B FINNIGAN Commission and the recently issued Responses to Comments, the City respectfully TRISHA ORTIZ CANDICE K LEE submits that the EIR contains an inadequate discussion of traffic impacts MARICEIA E MARROQUIN yet ) air OF COUNSEL quality impacts, and the impacts of the project on the downtown El Segundo business MARK ` WLAM EAVER E S WAV district We have attached reports from Willdan, Environmental Audit, Inc. (EIA), K KRAMER WILLIAM M K BRUCE W GALLOWAY and Keyser Marston Associates, Inc (KMA) which address each of those SAN FRANCISCO OFFICE deficiencies Specifically- TELEPHONE 415 421 8484 ORANGE COUNTY OFFICE TELEPHONE 714 990 0901 1. Traffic Impacts. Willdan reviewed the Response to Comments recently prepared, and cites five areas where the EIR's discussion of traffic impacts E CIE j0 FEB 14 2005 �UJ 381 Planning and Building Safety Dept RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mayor McDowell, Councilmembers February 14, 2005 Page 2 remains inadequate Although each of the deficiencies is significant and should be considered by the City Council, one bears mention, in particular There is no doubt that the Plaza El Segundo project will have serious traffics on the intersection at Sepulveda and Rosecrans Response to Comment No 8 -15 states that a third westbound left turn lane (in Manhattan Beach) is proposed to mitigate project - related impacts, and depicts this third left turn lane in Figure VII-4. However, as Willdan explains, this proposed third westbound left turn would be infeasible for several reasons, The figure indicates turn radii for passenger vehicles only, which fails to accommodate existing and future truck movements This is significant because trucks attempting a westbound turn would overlap adjacent turn lanes or be forced to drive over sidewalks or curbs The EIR does not analyze this Further, if trucks were somehow prohibited from making this turn movement, then other routes would have to be considered and analyzed in the EIR, and that has not yet been done b Wider turning radii would force the eastbound and westbound left turn signal phases to operate separately instead of concurrently, significantly reducing intersection capacity This condition is not addressed by using an ICU methodology to determine Level of Service and significant impacts. The effect would be significantly reduced capacity at the intersection below what was analyzed. The proposed configuration shows that the inside and outside left turn movements would encroach into the adjacent receiving lanes. This condition would require additional street widening and the need for right -of -way acquisition to relocate the sidewalk and bus stop facilities d Street widening would necessitate the removal of the bus turnout, forcing buses to stop in the third southbound lane, furthering impacting intersection congestion As you undoubtedly know from your own experience, the traffic expert explains that triple left turn lanes are not commonplace in the South Bay area nor in Los Angeles County, and many drivers simply are not comfortable using the middle lane Consequently, the traffic study for the EIR overestimates the expected benefit, • • Nuej RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Mayor McDowell, Councilmembers February 14, 2005 Page 3 even assuming this to be a feasible mitigation measure, which, as noted above, it is not Significantly, the Reduced Traffic Generation Alternative would eliminate these issues since the triple left turn lane is not a required mitigation measure 2. Air Quality. EIA analyzed the air quality portions of the EIR in terms of baseline or environmental setting, construction impacts, operational impacts, cumulative impacts, and mitigation measures The report is comprehensive, and cites numerous fundamental deficiencies in the air quality analysis The report concludes that the EIR needs to be revised to provide more appropriate emission estimates, more accurate evaluation of the project's potential impacts, and to evaluate impacts that were ignored. 3. Impacts on Downtown El Segundo Business District. KMA analyzed the potential impact of the project on retail centers in both Manhattan Beach and El Segundo. This report is noteworthy because it concludes that there is a reasonable prospect that the project, as proposed and analyzed in the EIR, will have a serious impact on business establishments in downtown El Segundo This is particularly true because, as you know, the residential trade area serving downtown El Segundo is highly local and has no prospect for growth. Therefore, a modest sales loss to the downtown area, which is conceivable even if the Plaza El Segundo project provides some different types of products and services, could negatively impact the downtown area, causing or contributing to a downward spiral of vacancies, deterioration, blight and decay This is a significant issue which has not been addressed in the EIR, nor adequately addressed in the Responses to Comments (Response Nos. 10 -2 and 10 -3), where the issue is noted for the first time. The absence of a full analysis on the newly raised issue of urban decayldetenoration is a serious deficiency in the EIR See ee. , Bakersfield Citizens for Local Control v City of Bakersfield (2004) 124 Cal App 4th 1184 ) Under CEQA pnor to any decision on the project, as currently proposed and analyzed in the EIR, the EIR must be recirculated in order to address the traffic, air quality and business district impact issues noted above and discussed more fully in the attached reports Under CEQA, recirculation is legally required, for example, where significant new information is added to an EIR after notice of public review 38(,) RICHARDS I WATSON I GERSHON ATTORNEYS AT 1AW -A PROFESSIONAL CORPORATION Mayor McDowell, Councilmembers February 14, 2005 Page 4 has been given, or where new information shows a new, substantial environmental impact resulting from the project. (Pub Res Code § 21092 1; 14 Cal Code Regs § 15088 5, Laurel Heights Improvement Ass'n v Regents of Umv of Cal (1993) 6 Cal App 4th 1112, 1130 (1993) ) We appreciate the opportunity to comment on the Plaza El Segundo project, and look forward to discussing the issues further with you at the pubhc hearing on February 15, 2005 Very truly yours, Steven H. Kaufmann Attachments: 1. Letter, dated January 24, 2005, from Mar Ventures, Inc. 2 Memo, dated February 10, 2005 from Willdan 3. Letter, dated January 13, 2005, from Environmental Audit, Inc. 4 Letter, dated January 28, 2005, from Keyser Marston Associates Inc cc (w /encs ). Manhattan Beach Mayor and Councilmembers Geoff Dolan, City Manager Robert Wadden, City Attorney 810102v1 o ► JANUARY 24, 2005 LETTER FROM ALLAN W. MACKENZIE, PRESIDENT, MAR VENTURES, INC TO MS. KIM CHRISTENSEN, PLANNING MANAGER, CITY OF EL SEGUNDO REGARDING PLAZA EL SEGUNDO PROJECT 0 :1n 9 Mar Q Inc. January 24, 2005 Ms Kim Christensen Planning Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Re Plaza El Segundo Proiect Dear Kim, By this letter, we request that the City Council adopt the Plaza El Segundo Reduced Traffic Generation Alternative (the "Alternative "), which Alternative was analyzed in the DEIR (p VI -9 to 20) and the traffic mitigations associated with the Alternative (as set forth on pages C -20 and C -21 of the Traffic Report) Our request seeks to limit the maximum trip generation figures to those imposed by the Alternative, and will not result in any further land use restrictions beyond those imposed upon the Plaza El Segundo project (the "Project ") by the C-4 Zoning, the Conditions of Approval and the Development Agreement. Our request is applicable only to the Project, and not to the entirety of the Program SepulvedafRosecrans Site Rezoning area. Additionally, we understand that the concept as to a trip cap contained in Condition 30 of the baseline project Conditions of Approval will similarly apply to the Alternative, continuing the flexibility on the mix-of uses subject to that trip cap We make this request in response to concerns expressed by community members regarding the traffic generation produced by the Project. As a result of this input, and because we can achieve a viable mix of tenants and uses which will result in reduced traffic generation, we prefer to seek approvals for a project which is consistent with the actual development contemplated It is our opinion that the Alternative will address traffic concerns expressed by the public and at the same time provide the City with no reduction in public benefits. We appreciate the City's consideration of this request Yours ,>�ry truly, Allan W Mackenzie President 391 AWM pb 2050 W 190th Street • Suite 108 - Torrance • California - 90504 _,310-1822 2525 • Fax 310 7819253 - 4trma rnarventures corn FEBRUARY 12, 2005 MEMORANDUM FROM ERIK ZANDVLIET, TRAFFIC ENGINEER, CITY OF MANHATTAN BEACH TO GEOFF DOLAN, CITY MANAGER, CITY OF MANHATTAN BEACH REGARDING PLAZA EL SEGUNDO DEVELOPMENT PROJECT 392 City Hall 1400 Highland Avenue Manhattan Beach, CA 90266 -4795 Telephone (310) 802 -5000 FAX (310) 802 -5001 TDD (3 10) 546 -3501 TO: Geoff Dolan, City Manager THROUGH: Richard Thompson, Director of Community Development FROM: Erik Zandvliet, Traffic Engineer DATE: February 12, 2005 SUBJECT: Plaza El Segundo Development Project City of El Segundo These traffic related comments have been prepared after reviewing the Final EIR document and response to comments for a proposed retail shopping center project on the northeast comer of Sepulveda Boulevard and Rosecrans Avenue called Plaza El Segundo 1 Response No 8 -15 of the Final EIR states that a third westbound left turn lane is proposed to mitigate project- related impacts This third left turn lane is depicted in Figure VII -4 of the FEIR The third left turn lane remains unfeasible based on the following a The figure indicates turn radii for passenger vehicles only, which fails to accommodate existing and future truck movements Trucks attempting a westbound turn would overlap adjacent tam lanes or be forced to drive over sidewalks or curbs If trucks were prohibited from making this turn movement, then other routes must be considered and analyzed b Wider turning radii will force the eastbound and westbound left turn signal phases to operate separately instead of concurrently, significantly reducing intersection capacity. This condition is not addressed by using an ICU methodology to determine Level of Service and significant impact The effect will be significantly reduced capacity at the intersection below what was analyzed c The proposed configuration shows that the inside and outside left turn movements will encroach into the adjacent receiving lanes This condition will require additional street widening and need for right -of -way acquisition to relocate the sidewalk and bus stop facilities d Street widening would necessitate the removal of the bus turnout, forcing buses to stop in the third southbound lane, further impacting intersection congestion e Triple left turn lanes are not commonplace in the South Bay area nor in Los Angeles County, and many drivers are not comfortable using the middle lane. Therefore, the traffic study overestimates the expected benefit f Triple left turn lanes are not required as a mitigation measure for the Reduced Density Alternative Fire Department Temporary Facility Address 1599 Valley Drive, Manhattan Beach, CA 90266 FAX (310) 802 -5201 Police Department Temporary Facility Address 1501 N Peck Ave, Manhattan Beach, CA 90266 FAX (310) 802 -5101 Public Works Department Address 3621 Bell Avenue, Manhattan Beach, CA 90266 FAX (310) 802 -5301 Visit the City of Manhattan Beach Web Site at www cn ymb info 393 2 The ICU Level of Service Methodology is a simplistic analysts, especially when traffic signals are closely spaced The ICU methodology does not consider capacity restrictions caused by traffic signal timing, progression, queue length and stacking, lane widths, and other driver influences All of these factors become predominately important on heavily signalized street segments such as Rosecrans Avenue and Sepulveda Boulevard As acknowledged in Response No 8 -11 that states "The roadways segments between the signalized intersections will operate as dictated by the efficiency of the signalized intersections, which were analyzed in accordance with industry - standard methodologies and techniques that indicate how these segments would be expected to operated under future traffic conditions In keeping with this approach, future intersection operations are not simply a function of projected traffic growth, but also include the specific turning movements associated with that traffic and the configuration of the individual intersections under existing and future conditions " However, the industry standard to analyze signalized operations is not the ICU method, which was used to this EIR Further, as stated above, by using the ICU method, signal coordination and timing were, by definition, not analyzed to determine if these signals could work together without gridlock or stacking issues 3 Response 8 -12 states that "the traffic study showed no indication that either the proposed Sepulveda/Rosecrans Site Rezoning or Plaza El Segundo Development will create congestion at the bridge " However, this response did not address the northbound direction that is constrained by the bridge There are three northbound lanes over the bridge but seven straight and turn lanes immediately to the north In particular, the bridge physically reduces the required stacking distance for the fourth straight lane and northbound right turn lane Also, the ICU methodology used to the traffic study by definition does not address stacking or approach lane conditions, which the narrow bridge impacts 4 Significant impacts have still not been addressed in the City of Manhattan Beach when cumulative projects are factored into the future scenano It is reasonable to assume that the related projects will be built with or without the subject project, and therefore, any project related impacts that are generated when cumulative trips have been considered must also be mitigated even if those intersections are outside the City of El Segundo It is not uncommon for developers to pay a fair share of an identified project that will reduce significant impacts in other cities For example, developer contributions can help pay for capital improvement projects that mitigate the identified significant impact Therefore, Response No 8 -14 that states "No feasible mitigation is available to address cumulative traffic impacts outside the City of El Segundo" is untrue and unacceptable 5 Response No 8 -17 states that no feasible mitigation measures were identified to mitigate significant impacts at the intersection of Rosecrans Avenue and Aviation Boulevard However, the Rosecrans Mobility Working Group (Consortium) has identified feasible improvements A fourth eastbound and westbound lane could be constructed as designed by KAKU Associates to September 2004 Therefore, the traffic study conclusion is incorrect C \Temp \Temporary Internet Fi1es \OLK9\Memo - Plaza El Segundo Response to Comments rev] doe 394 JANUARY 13, 2005 LETTER FROM DEBBIE BRIGHT STEVENS, ENVIRONMENTAL AUDIT, INC TO GEOFF DOLAN, CITY MANAGER, CITY OF MANHATTAN BEACH REGARDING REVIEW OF SEPULVEDA/ROSECRANS SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT 395 ENVIRONMENTAL AUDIT, INC. 1000 -A Ortega Way, Placentia, CA 92870 -7162 714/632 -8521 FAX: 714/632 -6754 January 13, 2005 Project No 2368 Mr Geoff Dolan City Manager City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 SUBJECT: Review of Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Project Draft Environmental Impact Report Dear Mr Dolan Environmental Audit, Inc (EAI) has reviewed the air quality portions of the Draft Environmental Impact Report (EIR) for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development, We believe that the FIR needs to be revised to provide more appropriate emission estimates, more accurate evaluation of the project's potential impacts, and to evaluate impacts that were ignored Our comments have been divided into five categories Baseline or Environmental Setting, Construction Impacts, Operational Impacts, Cumulative Impacts, and Mitigation Measures Baseline or Environmental Setting Baseline information on toxic air contaminants has been omitted from the Draft EIR. The Draft EIR should be revised to include background data on toxic air contaminants in the area This is especially important as the proposed project site is located in a highly urbanized and industrial area, directly across the street from the ChevronTexaco Refinery, the largest petroleum refinery in southern California, as well as the Hyperion Wastewater Treatment Plant, the El Segundo Power Plant, and Los Angeles International Airport No baseline or background air quality data are included in the Draft EIR Table IV C -2 includes the number of violations between 2000 — 2002 However, this table should be revised to include the actual background concentrations of the various pollutants The background air quality concentrations are not provided in the EIR, except for CO Further, the EIR should be updated to include the 2003 ambient air 396 Mr Geoff Dolan January 13, 2005 Page No 2 quality data, which are available from the South Coast Air Quality Management District (SCAQMD) Further, the 2003 data from the Southwest Coastal Los Angeles County monitoring station indicate that the ozone concentrations exceeded the state ambient air quality standard on 2 days Further, the maximum 1 -hour concentration in 2003 was 0 110 ppm as compared to 0 084 ppm in 2002 Therefore, the CO analysis in the EIR needs to be revised to reflect the more recent ambient air quality data 3 The document uses the Bay Area Air Quality Management District's (BAAQMD) simplified CALINE4 model Based on discussions with SCAQMD CEQA staff, this analysis is not acceptable in the SCAQMD Jurisdiction The simplified CALINE4 model uses meteorological conditions, wind speeds, miles per vehicle trips, etc , appropriate for the Bay Area, which are not necessarily appropriate for southern California Construction Emissions 4 The construction and operational emissions were calculated using URBEMIS 2002 version 7 4 2 The most current version of URBEMIS 2002 is 7.5 0 The EIR air quality analysis in the EIR should be revised to use the most current version of the model 5 Construction emissions have been underestimated The demolition phase in URBEMIS (see EIR, Appendix E) was not activated so that no emissions were assumed to be generated by demolition However, based on photographs provided in the EIR, structures are present on the site and will need to be removed or relocated (e g, Air Products plant) It appears that the Air Products plant will be relocated Therefore, new structures will need to be built and old structures will need to be removed The air quality analysis in the EIR must include demolition activities 6 The impacts of toxic air contaminant emissions from construction equipment have not been evaluated in the EIR and are potentially significant Most construction equipment uses diesel fuel which generates diesel particulate matter emissions Diesel particulates have been listed as a toxic air contaminant (TAC) by the California Air Resources Board (CARB) Therefore, the potential TAC impacts associated with construction activities on the surrounding community must be evaluated Further, the potential cumulative TAC impacts associated with construction and remediation activities must be evaluated 3911, Mr Geoff Dolan January 13, 2005 Page No 3 7 The Plaza El Segundo Development project was described in URBEMIS as a 425,000 square feet regional shopping center The EIR provides enough detailed information to be more specific Assuming all of the 425,000 square -foot development is a regional shopping center lowers the emissions generated from the construction phase of the proposed project, under estimating construction emissions 8 Other assumptions in the EIR have further resulted in underestimating construction emissions The construction equipment listed in the URBEMIS results (Appendix E of the EIR) only included 2 rubber tired dozers and 2 tractors/loaders/backhoes The use of 2 dozers and tractors/loaders /backhoes is not credible for a 425,000 square foot commercial development The default number of construction equipment in URBEMIS version 7.5 0 for a 38 -acre commercial development is 10 dozers and 10 tractors /loaders/backhoes In addition, additional equipment will most likely be required, including a scraper, blade, and water truck Emissions from water trucks also should be included since the construction emissions analysis included site watering as a mitigation measure Further, no emissions have been included for the construction of relocated industrial facilities The modifications made to the default assumptions in the URBEMIS model should be explained and modified to include all equipment that will be used during each phase of the construction period 9 The construction emissions estimate for sulfur oxide (SOx) IS not credible since the emissions were reported as zero SOx emissions are generated from the combustion of diesel fuel in construction equipment which contains sulfur The currently allowable sulfur content of diesel fuel is 500 ppm Therefore, construction emissions should be revised to provide credible SOx emission estimates. 10 Construction emissions must also include emissions associated with site remediation activities The hazard section of the EIR discusses the potential fugitive emissions associated with soil contamination at the site but does not include emissions associated with remediation activities, e g, additional use of heavy equipment, at the site Operational Impacts I I Under operational impacts in the FIR (see page IV C -20 and Table IV C -10), the CO analysis needs to be revised to include the 2003 CO data and to use the appropriate CALINE4 model (see Comment No 3 above) Also, in this section of the EIR it is stated that "Although traffic volumes would be higher in the future both with and without the implementation of the proposed Sepulveda/Rosecrans Site Rezoning, CO emissions from vehicles are expected to be lower due to technological advances ' No data or references are provided to support this assumption 3()8 Mr Geoff Dolan January 13, 2005 Page No 4 12 The operational emissions associated with the proposed project have been underestimated Air emissions are only calculated for a regional shopping center However, the proposed project will also result in the relocation of industrial facilities The emissions associated with the industrial facilities must be included as project emissions and is clearly required in the discussion of cumulative impacts Even though the existing General Plan allows light and heavy industrial uses on the project site, only a few industrial uses currently exist The stationary and mobile emissions from these new or relocated industrial facilities must be included in the impact analysis as well as emissions from other industrial facilities that could be located on the project site must be included The emissions from industrial facilities are required in order to provide an accurate evaluation of future air quality in the local area 13 The project TAC impacts were not evaluated in the EIR The proposed project would generate an additional 38,334 trips per day, a portion of which would be heavy duty trucks using diesel fuel These trucks will generate additional diesel particulate emissions, the impacts of which must be evaluated in the EIR Further, potential TAC emissions due to the operation of industrial facilities at the site also must be included 14 The proposed project is not consistent with the 2003 AQMP The 2003 AQMP based emission estimates on the General Plans for local cities and counties Projects that are consistent with their applicable General Plan are consistent with the AQMP. The proposed project will alter the land use in a large portion of the project site converting a large portion from industrial to commercial uses Commercial uses were not included in the General Plan Therefore, the proposed project is not consistent with the 2003 AQMP and will not be until the AQMP is revised 15 The analysis in Table IV C -10 indicates that the predicted CO concentrations are for the future year 2012 Appendix E indicates that the analysis year is 2010 The EIR should be revised to be consistent The CO analysis needs to be revised to use the more recent 2003 ambient air quality data 16. The CO emissions for the Plaza El Segundo Development must be calculated As indicated in the EIR, CO emissions are expected to be lower in the future 2007 is only two years away so that the technological advancements projected in 2010 or 2012 will not be present in 2007. The CO emissions from vehicles will be higher in 2007 than 2012 Therefore, the impacts of CO emissions in 2007 are potentially significant and also need to be evaluated. Further, it is difficult to believe that an increase of about 38,334 daily trips associated with the Sepulveda/Rosecrans Rezoning Site plus the 19,151 daily trips associated with the Plaza EI Segundo Development would result in less than significant CO emissions at local intersections Jy, Mr. Geoff Dolan January 13, 2005 Page No 5 Cumulative Impacts 17 The cumulative impact analysis (EIR page IV C -23) is inadequate and does not comply with CEQA Guidelines §15130 The EIR must estimate the emissions from the 52 related projects in the El Segundo and surrounding areas As indicated in the EIR (see Table 111 -2, page III -]5), related projects include over eight million square feet of office development, 9,295 multifamily residential units, 973 single family units, 3,547 hotel rooms, 146,275 square feet of restaurants, 3 3 million square feet of retail/commercial uses, 1,083 boat slips, 33,000 square feet of museums, facilities for 18 million air passengers at Los Angeles International Airport, an expansion of 2,632 students at Loyola Marymount, 860,000 square feet of industrial development, one million square feet of additional airport related facilities, three million square feet of office/high tech uses, and other additional facilities This is an incredible amount of development within a 1 -2 mile radius of the project site Both the construction and operational emissions for these facilities could be calculated using the URBEMIS model and the information in Table II -2 in the EIR Assuming that the emission calculations for the proposed project are correct, construction emissions and operational emissions for all pollutants (except SOx) were significant with a total of 850,000 square feet of commercial development The emissions associated with the 52 related projects are clearly much greater than the proposed and, along with the proposed project, are clearly cumulatively considerable per CEQA Guidelines §15130 "Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects (CEQA Guidelines §15064(h)(1)) The cumulative analysts must be revised to include a thorough evaluation of the cumulative air emissions in El Segundo and surrounding area The cumulative impacts of the proposed project plus emissions from 52 related projects are clearly significant, in light of the fact that the project, by itself, is significant 18 The cumulative impact analysts does not consider the proposed El Segundo Power Redevelopment Project, which we understand was approved by the California Energy Commission (CEC) in December 2004 Proposed modifications to the El Segundo Power Plant would generate 630 megawatts of electricity This project should be included in Table III -1 of the EIR The increases in air emissions, both criteria and toxic, associated with this proposed project must be evaluated as part of the cumulative analysis in the EIR 19 The cumulative impacts of the Sepulveda/Rosecrans Rezoning Site (an estimated 28,334 daily trips), the Plaza El Segundo Development (an estimated 19,151 daily trips), plus the 52 related projects are clearly significant The CO analysts summarized in Table IV C -10 indicates that the 8 -hour CO concentrations range from about 6 6 to 7 0 ppm (as compared to the 8 -hour standard of 9 ppm) in the area 4Ui) Mr Geoff Dolan January 13, 2005 Page No 6 When traffic from the 52 other related projects are included in this analysis, the CO concentrations will exceed the 8 -hour ambient air quality standard 20 The cumulative TACs impacts were not evaluated in the EIR The proposed project would generate an additional 57,485 trips per day, a portion of which would be heavy duty trucks using diesel fuel In addition, the 52 related projects will generate substantial traffic, including truck traffic. Additional TAC emissions would be associated with additional industrial facilities that will be relocated on the project site or new facilities that would operate at the project site. The cumulative impact of existing TAC emissions (e g, the ChevronTexaco Refinery, Hyperion Wastewater Treatment Plant, and El Segundo Power Plant) plus TAC emissions associated with the cumulative development proposed in the area must be evaluated in the EIR Mitigation Measures 21 The mitigation measures do not include control measures that were assumed when the URBEMIS model was run. For example, the URBEMIS model assumed that aqueous diesel fuel, diesel particulate filters, cooled exhaust gas recirculation, and use of shuttle to retail establishments at lunch would be used as emission control measures However, these control measures were not included as mitigation measures in the EIR (see pages IV C -26 through IV C -29). The air quality analysis in the EIR should be revised to exclude the control measures in URBEMIS 22 The SCAQMD and CARB recommend that emission reductions for the use of aqueous diesel fuel in off -road construction equipment be eliminated from CEQA documents because it can rarely be used. Aqueous diesel fuel cannot be used in equipment where it will void the manufacturer's engine warranty. Therefore, it is usually incompatible with the engine of off -road construction equipment and emission reduction credit should not be taken, unless its use can be guaranteed and enforced through appropriate mitigation measures 23 Further, the use of diesel particulate filters in off -road equipment is not effective The filters are usually shaken out of place when used in off -road equipment so that credit for emission reductions associated with the filters should not be taken 24 Mitigation measure C -5 should be revised to require watering at least 3 times a day, to be consistent with the control measures identified in URBEMIS 25. The control measures identified in the URBEMIS model for operational emissions related to site design such as providing onsne pedestrian facilities, street lighting, shade trees, etc should be included as mitigation measures or removed from the URBEMIS model 401 Mr Geoff Dolan January 13, 2005 Page No 7 In conclusion, the air quality analysis in the EIR, as currently prepared, contains a number of deficiencies that must be corrected in order to fully and accurately evaluate the proposed project impacts Please call me if you have any questions or comments regarding our concerns with the EIR Sincerely, ENVIRONMENTAL AUDIT, INC 1 Debbie Bright Stevens DBS MRB ss DDS WORD 2368 2368LTI JANUARY 7, 2005 LETTER FROM ROBERT J. WETMORE, CRE, KEYSER MARSTON ASSOCIATES, INC. TO GEOFF DOLAN, CrFY MANAGER, CITY OF MANHATTAN BEACH REGARDING SEPULVEDAJROSECRANS SITE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT 403 K E Y S E R M A R S T O N A S S O C I A T E S I N C Re- Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Dear Mr. Dolan This letter is being provided at the request of the City of Manhattan Beach Its purpose is to provide an overview analysis of the potential Impact of the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development ( "the protect ") on retail centers in the Cities of Manhattan Beach and El Segundo. More specifically, the Intent is to Identify whether there is reasonable likelihood that development of the protect could result in urban decay resulting from the closure of stores, long -term vacancies (inability to recycle the affected properties), ultimately destroying existing neighborhoods and leaving decaying shells in their wake. The resume of the undersigned and a description of Keyser Marston Associates, Inc are provided as an attachment to this letter, along with demographic data regarding the trade area and the Cities of Manhattan Beach and El Segundo As noted above, this is an "overview analysis," whose purpose is to determine whether more in -depth review of the Issue is warranted To complete this assignment, the following activities were undertaken • Review of the Draft EIR, • Field survey of retail centers in Manhattan Beach and El Segundo, • Review of demographic and sales tax data, 404 CELEBRATING 30 YEARS OF SER VICE TO OuR CLIENTS 99900 \900b -398 AO VISORS IN GOLDEN GATEWAY COMMONS CaIV1D E Hollis, 11 55 PACIFIC AVENUE MALL REAL ESTATE SAN FRANCISCO, CALIFORNIA 94111 REDEVELOPMENT PHONE 415 /398 -3050 AFFORDABLE HOUSING FAR 415 / 397 -5065 ECONOMIC DEVELOPMENT W W W KEYSERMARSTON COM City Manager SAN FRANCISCO A Jerry Keyser City of Manhattan Beach Timotby C Kelly 1400 Highland Avenue Kate Earle Funk Manhattan Beach, California 90266 Debbie M Korn Robert J Wetmore Re- Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Dear Mr. Dolan This letter is being provided at the request of the City of Manhattan Beach Its purpose is to provide an overview analysis of the potential Impact of the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development ( "the protect ") on retail centers in the Cities of Manhattan Beach and El Segundo. More specifically, the Intent is to Identify whether there is reasonable likelihood that development of the protect could result in urban decay resulting from the closure of stores, long -term vacancies (inability to recycle the affected properties), ultimately destroying existing neighborhoods and leaving decaying shells in their wake. The resume of the undersigned and a description of Keyser Marston Associates, Inc are provided as an attachment to this letter, along with demographic data regarding the trade area and the Cities of Manhattan Beach and El Segundo As noted above, this is an "overview analysis," whose purpose is to determine whether more in -depth review of the Issue is warranted To complete this assignment, the following activities were undertaken • Review of the Draft EIR, • Field survey of retail centers in Manhattan Beach and El Segundo, • Review of demographic and sales tax data, 404 CELEBRATING 30 YEARS OF SER VICE TO OuR CLIENTS 99900 \900b -398 LOSANG£LES January 7, 2005 CaIV1D E Hollis, 11 KatbleeD H Head James A Rabe Paul C Anderson Gregory D Soo -Hoo Mr Geoff Dolan City Manager SAN DIEGO Gerald M Trimble City of Manhattan Beach Paul C Marra 1400 Highland Avenue Manhattan Beach, California 90266 Re- Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Dear Mr. Dolan This letter is being provided at the request of the City of Manhattan Beach Its purpose is to provide an overview analysis of the potential Impact of the proposed Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development ( "the protect ") on retail centers in the Cities of Manhattan Beach and El Segundo. More specifically, the Intent is to Identify whether there is reasonable likelihood that development of the protect could result in urban decay resulting from the closure of stores, long -term vacancies (inability to recycle the affected properties), ultimately destroying existing neighborhoods and leaving decaying shells in their wake. The resume of the undersigned and a description of Keyser Marston Associates, Inc are provided as an attachment to this letter, along with demographic data regarding the trade area and the Cities of Manhattan Beach and El Segundo As noted above, this is an "overview analysis," whose purpose is to determine whether more in -depth review of the Issue is warranted To complete this assignment, the following activities were undertaken • Review of the Draft EIR, • Field survey of retail centers in Manhattan Beach and El Segundo, • Review of demographic and sales tax data, 404 CELEBRATING 30 YEARS OF SER VICE TO OuR CLIENTS 99900 \900b -398 Mr Geoff Dolan City of Manhattan Beach January 7, 2005 Page 2 • Discussion with City of Manhattan Beach staff with strong familiarity with downtown El Segundo and Manhattan Beach, and • Review of other secondary materials It is recognized that the program noted above is not "complete" and that a more detailed research program that could have included (as examples) interviews with local merchants, telephone or intercept surveys of shoppers, and interviews with officials in El Segundo would yield more definitive and nuanced results Nevertheless, meaningful tentative conclusions can be drawn from the analysis, namely, we conclude, as described below, that there are reasonable prospects that the development of the proposed shopping facilities will have a severely negative impact on downtown El Segundo, likely causing significant vacancies, underutdization of properties, and resulting decay We also conclude that it is most unlikely that this effect will occur in respect to retail concentrations in the City of Manhattan Beach and other retail in the City of El Segundo Factors Affecting Downtown Retail The vulnerability and fragility of downtown retailing throughout the country over the last fifty years is well - recognized and well- documented First came the competition from the suburban regional shopping center and the decision by the department stores to follow their customers to the suburbs More recently, the competition has emerged from big box and other large and medium format stores in suburban locations Downtown retailing in many downtowns in the country and in California have never rebounded from this competition Today, as discussed below, the retail situation in downtown El Segundo appears fragile despite strong and effective efforts by the City and merchants to bolster this commercial district. Of critical importance for downtowns such as El Segundo that are tenanted by smaller, independent retailers, is that these retailers frequently do not have the high sales volumes of the chains and operate much closer to the margin, only a minor dip in sales is required for these businesses to become unprofitable and cease operation With construction of the proposed protect, there is reasonable prospect that this will occur, particularly in respect to types of tenants that purvey comparable goods and services The Project The project is the development of mayor shopping facilities at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue in the City of El Segundo The initial increment of retail development would be Plaza El Segundo, a 425,000 square foot community shopping center that would occupy approximately 43 3 acres This portion of the protect is identified as "A" in project plans The center would include a supermarket, an electronics superstore, specialty retail, and other uses, which could include a fitness center or spa and a variety of fast 405 CELEBRATING 90 YEARS OF SERVICE TO OUR CLIENTS 99900 \900b -398 Mr Geoff Dolan City of Manhattan Beach January 7, 2005 Page 3 food and sit -down restaurants, apparently, the current leasing plan excludes a Big Box Membership Store that had been included in the DER In addition to Plaza El Segundo, a portion of other lands identified as "B" in project plans, and occupying the southern and easternmost portions of the site, would be redesignated and rezoned for commercial uses with the C-4 zoning designation It appears that about 25 acres of commercial uses, which could accommodate about 300,000 square feet of retail GLA, could be provided on this portion of the site No plans for development of this portion of the property have been announced, with access and ownership issues requiring resolution before development proceeded Sales productivity for strong community shopping centers is in the range of $400 per square foot Therefore, sales at Plaza El Segundo could total about $170 million of which about $150 million would be taxable The primary trade area for the center, defined as the geographic area from which 75% to 80% of the sales would originate, would be about a three -mile ring that included all of the cities of El Segundo and Manhattan Beach, as well as portions of Hawthorne, Lawndale, Gardena, and Hermosa Beach The population of the trade area in 2004 was 175,700, with total household income of $6 7 billion It is noted that the population of El Segundo accounts for slightly less than 10% of the trade area population, therefore, most of the sales will be exported from other communities into El Segundo The critical fact, for evaluation of retail impact, is that the primary trade area for the proposed protect includes the primary trade areas for retailers in El Segundo and Manhattan Beach This means that although office workers in downtown and east of Sepulveda provide some support to downtown El Segundo and visitors bolster the retail in downtown Manhattan Beach, retailers in all the areas are competing for expenditures from essentially the same residential base as would retailers in the protect This is most evident in respect to downtown El Segundo, where, due to relative isolation from the larger South Bay, retailers must draw heavily from not much more than a 1 -2 mile trade area, all of which is within the primary trade area of the proposed El Segundo Plaza Competitive Centers We have reviewed significant competitive retail centers (generally, 50,000 + square feet) in the Cities of Manhattan Beach and El Segundo and the potential impact of the protect on those centers 40F, CELEBRATING 30 YEARS OFSERvicE TO OUR CLIENTS 99900 \900b398 Mr Geoff Dolan January 7, 2005 City of Manhattan Beach Page 4 Centers in Manhattan Beach include the following • Manhattan Village Mall is a 551,800 square foot mall anchored by Macy's, Macy's Men's and Home Store, Pacific Theatres, Fry's Electronics, Ralph's Grocery, and Sav -On -Drug The center is owned by RREEF, a major institutional entity The center is located directly across Rosecrans Boulevard from the proposed project, and there is possible synergy between the two centers The possibility that the project would cause Manhattan Village to decline and for urban decay to occur is virtually non - existent due to the strength of this retail concentration • The Rosecrans Corridor includes the Manhattan Marketplace and the Manhattan Gateway Center We understand that some of the ownership entities are related to the project sponsor of Plaza El Segundo Manhattan Marketplace is a 113,200 square foot center anchored by Bristol Farms, Houston's Restaurant, and Long's Drugs Manhattan Gateway Center is a 100,000 square foot center anchored by Barnes & Noble and Old Navy Both centers are modern, well - designed, are apparently successful, and obviously benefit from extraordinary activity on the Rosecrans corridor In addition to these centers there are Pacific Theatres (in addition to those at nearby Manhattan Village Mall) The possibility that the project would cause any of these centers to substantially decline and for urban decay to occur is remote. • The Sepulveda Comdor is a multi -use area with retailers, offices, hotel, and services, and is anchored by a Target store at Manhattan Beach Boulevard Retailers generate $1,680,000 annually in sales tax, with taxable sales of $168 million In our view, the strong traffic volumes on this corridor and the presence of Target will continue to support a favorable commercial environment • Downtown Manhattan Beach has continued to evolve as an attractive and distinctive destination for local residents and for visitors, with a mix of shops, galleries, services, and diverse eating establishments. The price points are middle to high end and most tenants are local (few chains). The area generates $760,000 in sales tax annually, with taxable sales of $76 million The downtown will continue to benefit from the upward direction in household incomes (average household income for Manhattan Beach reported at $158,400 by Claritas) A limiting factor for future development is small building footprints and little /no developable land Although there will be overlap between some tenant types currently represented downtown and those at the proposed project, the downtown offers a distinctive destination and environment and higher price point than at the proposed center Therefore, we would rate the potential for significant negative impact to be remote d0r CELEBRATING30 YEARS OF SERI CE TO OUR CLIENTS 99900\900b -398 Mr Geoff Dolan January 7, 2005 City of Manhattan Beach Page 5 Centers in El Segundo include the following • Sepulveda Place is a community center with 40,800 square feet of retail GLA located at the northeast corner of Manposa Avenue and Sepulveda Boulevard This is a strip center that opened around 1990 and has no traditional food /drug anchor tenants The tenant mix is weighted towards food and services One block to the south on Sepulveda Boulevard is a Ralph's supermarket, Ralph's was a former tenant in the space now occupied by Cooke's supermarket, in downtown El Segundo In our view, these commercial outlets will continue to do well based on exceptionally strong exposure in the Sepulveda Boulevard corridor • Downtown El Segundo is the center of community - oriented commercial activity in the City of El Segundo This is an older commercial area extending outward several blocks from the corner of Main Street and Grand Avenue The downtown is isolated geographically and is not directly accessible from freeways or major artenals that serve the South Bay, therefore, residential support for businesses is highly localized to El Segundo. Workers in City offices and in offices located primarily to the east of Sepulveda Boulevard also provide support to businesses in the downtown According to data on the City's website, there are about 100 commercial tenants in the downtown area, it appears that many of the tenants have been in place for some time and that there is not high turnover Vacancy in the district is also low The City has accorded high priority to upgrading the downtown and has implemented a strong streetscape and marketing program, and was a financial participant in the development of the parking structure that serves Cooke's market. The City has adopted a Specific Plan to guide development in the downtown, one of the key objectives of which is maintenance of the "small town" atmosphere of the City Sales downtown are modest and stagnant In 2003, taxable sales downtown totaled $277,000, indicating taxable sales of $27 7 million (Note This excludes some supermarket and drug store sales and sales in service establishments that are not taxable) Although taxable sales have increased 10% since 2000, they are less than they were in the mid - 1990s (the earliest period for which we have data) and account for about 7% of all taxable retail sales in the City Downtown retail is anchored by a Cooke's supermarket, which is an independent operation located at 300 Richmond Street, between Grand Avenue and Holly Avenue Aspects of this store are noteworthy in evaluating the strength of the retail district and potential impact from competition The first is that the store occupies a location that has difficult visibility 408 CELEBRATING30 YEARS OF SERVICE TO OUR CLI= 99900 \900b -398 Mr Geoff Dolan City of Manhattan Beach January 7, 2005 Page 6 and is not tied in physically to the rest of downtown to serve as a strong anchor The second is that the space occupied by Cooke's has been occupied by various food tenants over the years, including Ralph's, indicating that the market opportunity at this location has been challenging for the stores Typically, in a situation that we have just described, the introduction of new competition in the trade area can be a fatal to the existing operation unless the store occupies a very carefully selected niche in the market In addition to Cooke's, the major store in the vicinity of downtown is a Rite Aid drug store on East Grand Avenue This store is not well - located to serve as an anchor for downtown retailers, and may not be popular with many area residents, in any event Whether this operation could remain viable in the face of nearby competition in the project is highly moot Therefore, from the discussion above, we conclude that the downtown is not well- anchored by traditional retail tenants that provide a strong bulwark of support for retailers. This bodes poorly for continued viability of the district in the face of strong new competition The other tenants downtown are generally small, locally -owned operations, with high representation of eating and drinking establishments, business and personal services, and specialty retail With some exceptions, such as the design and graphics outlets and eating establishments on Richmond Street, downtown retailers do not appear to occupy a distinctive niche comparable to those in Manhattan Beach Furthermore, the goods and services provided by these establishments strongly overlap those that will be provided by outlets in the project, though the formats will vary (small stores downtown versus typically larger formats in the project). Essentially, many of the local tenants downtown will be competing with chains that have access to inexpensive capital, do extensive advertising, provide convenient parking, and offer opportunities for convenient cross - shopping among the stores The prospect for many tenants downtown will be dismal Due to location and access considerations noted above, the residential trade area serving downtown is highly local, with a population base that is stagnant. The 2004 population of El Segundo was 16,900 (California Department of Finance estimate), up from 16,000 in the 2000 Census and 15,200 in the 1990 Census. Population projections by SCAG show insignificant growth in the years ahead Therefore, there is no prospect that population growth in the trade area will benefit downtown and allow it to prosper in the face of new competition In sum, there are reasonable prospects that the project will have a devastating impact on business establishments in downtown El Segundo, for all of the reasons noted above It is beyond the scope of this letter to quantify the potential sales loss to downtown, which will differ among the tenant types If, as an example, the project attracted only $7 million in 409 CFLEBRA77NG 30 YE RS OF SER VICE TO OUR CUEN7S 99900 \900b -398 Mr Geoff Dolan City of Manhattan Beach January 7, 2005 Page 7 sales from downtown El Segundo, which is quite conceivable, the downtown would lose about 15% to 20% of its sales What is important to bear in mind is that for independent stores to cease operation, it is not necessary for there to be a sizable percentage loss in sales, relatively modest declines may, in many instances, tip operations into negative positions and preclude them from continuing operation. Store closures would result in vacancy Due to the inherent difficulties facing the downtown retail district noted above, finding new, appropriate tenancies will be difficult, and recycling the properties to other uses will be challenging. The properties could proceed on a downward cycle to neglect and decay, especially if parcel and building sizes and configurations make conversion to other uses physically impractical and financially unfeasible, which is often the case in the older downtowns In sum, this is an impact of the project that should be of concern to decision- makers and the public as they consider the proposed project Thank you for requesting our comments on this matter Sincerely, KEYSER MARSTON ASSOCIATES, INC Robert J Wetmore, CRE }10 CELEBRATING 30 YEARS OF SERVICE TO OUR CLIENTS 99900 \900b -398 Firm Description and Resume << 3 IL CELEBRAT/NG 30 YF4RS OF SERVICE 70 OUR CLIENTS 99900 \9001 -398 KEYSER MARSTON ASSOCIATES, INC KEYSER MARSTON ASSOCIATES, INC (KMA) has one of the largest real estate and redevelopment advisory practices on the West Coast, with experience In all types of commercial and residential real estate Founded in 1973, the firm has served over 600 clients on more than 2,000 projects Representative public sector clients Include nearly every major municipality In California, cities, ports and military bases throughout the west, county and special districts, as well as public and private colleges and universities While we are best known for our role as advisors to public sector and institutional clients, our extensive private sector practice includes major corporations, financial institutions, life insurance companies, major corporations, law firms, landowners and developers A unique strength of Keyser Marston Is the depth, continuity and availability of our principals Our principals bring an average of more than 20 years of practical experience in working with business and government, and provide convenient and personal service to our clients KMA provides services through its three offices In California San Francisco, Los Angeles and San Diego FerryBmMmg San Francaca Museum al Legacy Park AJe Mwa SanJme KMA's principals are frequent speakers to Industry groups such as the Urban Land Institute, International Council of Shopping Centers, League of Cities, California Community Redevelopment Association, and other similar organizations KMA's principals have served on the Governor's Task Force on Military Base Reuse and have advised both the California Legislature's Committee on Economic Development and the California Redevelopment Association (CRA) SERVICES ♦ REAL ESTATE Market Assessment Financial Feasibility Strategic Plans Public /Private Partnerships ♦ REDEVELOPMENT ♦ AFFORDABLE HOUSING ♦ ECONOMIC DEVELOPMENT VISIT US AT WWW KEYSERMARSTON COM SAN FRANCISCO Keyser Marston Associates Inc Golden Gateway Commons 55 Pacific Avenue Mall San Francisco, CA 94111 (415) 398 -3050 fax (415) 397 -5065 LOS ANGELES Keyser Marston Associates, Inc 500 South Grand Avenue Suite 1480 Los Angeles, CA 90071 (213) 622 -8095 fax (213) 622 -5204 SAN DIEGO Keyser Marston Associates, Inc 1660 Hotel Circle North Suite 716 San Diego, CA 92108 (619) 718 -9500 fax (619) 718 -9508 1 , -1 4 K E Y S E R M A R S T O N A S S O C I A T E S I N C ROBERT WETMORE,CRE Mr Wetmore has over twenty-five years of experience in counseling and valuation work for public and private clients in California and throughout the United States He is a principal of the San Francisco office Key Role Mr Wetmore has provided disposition consulting, land lease and valuation services on many of the West's high profile public/pnvate partnership projects, including Fort Ord in Monterey County, Yerba Buena Gardens in San Francisco, and California Plaza in downtown Los Angeles Asset Management/Public Facilities Mr Wetmore has recently assisted the General Services Administration of the U S Government in review of financial implications of alternatives for relocation of the US Geological Service from Menlo Park to UC Santa Cruz He has provided similar services to the City of Los Angeles in respect to a proposal to construct 600,000 sq it office space for the city, and to the State of California for DMV headquarters Re<nmeo2001 \nw rec11 1/7/2005 Valuation and Land Lease Mr Wetmore is a consultant to the Analysis County of Orange in connection developments, including work for with the re-negobabons of land Mr Wetmore is a consultant to the leases at Dana Point Harbor Mr Los Angeles County Department of Wetmore has assisted the County Beaches and Harbors for leases at in negotiations and financial Manna del Rey, the largest small planning for the major manna and craft harbor in North America, and commercial leaseholds at the is assisting the department in Harbor, resulting in new operating restructuring lease extensions for a agreements for retail, hotel, variety of large -scale commercial, restaurants, and marinas that are residential and waterfront highly beneficial to the County properties on land owned by the Real Estate Broker, State of client Work has included Fiscal Consultant Services extensive involvement in real Estate Appraiser (SCREA), State estate negotiations Mr Wetmore has directed Sacramento preparation of Fiscal Consultant Mr Wetmore assisted the San Reports in connection with the Francisco Treasure Island issuance of bonds by the Alameda Development Authority in Community Improvement evaluation of qualifications for Commission and the Master Developers at Treasure Redevelopment Agency of the City Island of Seaside Mr Wetmore has extensive Professional Credentials experience in transit- related developments, including work for Mr Wetmore is a speaker at the BART, the Metropolitan District Community Redevelopment Transit Board in San Diego, and Association (CRA), the University the cities of San Francisco ( Yerba of California (Berkeley) School of Buena Center) and Los Angeles Urban Design, and seminars sponsored by Keyser Marston Mr Wetmore has extensive Associates, Inc He has been a experience in all kinds of frequent contributor to Urban Land commercial feasibility analysis in magazine, published by the Urban urban situations He has recently Land Institute He is a licensed led KMA work in market feasibility Real Estate Broker, State of in downtown Modesto, downtown California, a State Certified Real Santa Clara, and lands presently Estate Appraiser (SCREA), State controlled by the Port of of Califorma, and a member of Sacramento American Society of Real Estate Counselors Mr Wetmore is a Mr Wetmore has assisted the graduate of Princeton University University of California, Davis in (Phi Beta Kappa and magna cum respect to the campus' proposed laude graduate) A B and holds a hotel /conference center masters degree in European History from University of Califomia, Berkeley rt .i Demographics `-14 Firm Description and Resume 1111r_ v CELEBRATING 30 YEARS OF SERVICE TO OUR CLJDM 999001900b -398 KEYSER MARSTON ASSOCIATES, INC KEYSER MARSTON ASSOCIATES, INC (KMA) has one of the largest real estate and redevelopment advisory practices on the West Coast, with experience In all types of commercial and residential real estate Founded In 1973, the firm has served over 600 clients on more than 2,000 projects Representative public sector clients Include nearly every major municipality In California, cities, ports and military bases throughout the west, county and special districts, as well as public and private colleges and universities While we are best known for our role as advisors to public sector and Institutional clients, our extensive private sector practice Includes mayor corporations, financial Institutions, life Insurance companies, mayor corporations, law firms, landowners and developers A unique strength of Keyser Marston is the depth, continuity and availability of our principals Our principals bring an average of more than 20 years of practical experience In working with business and government, and provide convenient and personal service to our clients KMA provides services through its three offices in California San Francisco, Los Angeles and San Diego Ferry Budding San Frncjsca Museum at Legacy Far* Apartments San Jima KMA's principals are frequent speakers to Industry groups such as the Urban Land Institute, International Council of Shopping Centers, League of Cities, California Community Redevelopment Association, and other similar organizations KMA's principals have served on the Governor's Task Force on Military Base Reuse and have advised both the California Legislature's Committee on Economic Development and the California Redevelopment Association (CRA) SERVICES ♦ REAL ESTATE Market Assessment Financial Feasibility Strategic Plans Public /Private Partnerships ♦ REDEVELOPMENT ♦ AFFORDABLE HOUSING ♦ ECONOMIC DEVELOPMENT VISIT US AT WWW KEYSERMARSTON COM SAN FRANCISCO Keyser Marston Associates, Inc Golden Gateway Commons 55 Pacific Avenue Mall San Francisco, CA 94111 (415) 398 -3050 fax (415) 397 -5065 LOS ANGELES Keyser Marston Associates, Inc 500 South Grand Avenue Suite 1480 Los Angeles, CA 90071 (213) 622 -8095 fax (213) 622 -5204 SAN DIEGO Keyser Marston Associates, Inc 1660 Hotel Circle North Suite 716 San Diego CA 92108 (619) 718 -9500 fax (619) 718 -9508 iln K E Y S E R M A R S T O N A S S O C I A T E S I N C ROBERT WETMORE,CRE Mr Wetmore has over twenty-five years of experience in counseling and valuation work for public and private clients in California and throughout the United States He is a principal of the San Francisco office Key Role Mr Wetmore has provided disposition consulting, land lease and valuation services on many of the West's high profile public/private partnership projects, including Fort Ord in Monterey County, Yerba Buena Gardens in San Francisco, and California Plaza in downtown Los Angeles Asset Management/Public Facilities Mr Wetmore has recently assisted the General Services Administration of the U S Government in review of financial implications of alternatives for relocation of the US Geological Service from Menlo Park to UC Santa Cruz He has provided similar services to the City of Los Angeles in respect to a proposal to construct 600,000 sq ft office space for the city, and to the State of California for DMV headquarters Resumes2001 \nw res11 117/2005 Valuation and Land Lease Mr Wetmore is a consultant to the Analysis County of Orange to connection developments, including work for with the re- negotiations of land Mr Wetmore is a consultant to the leases at Dana Point Harbor Mr Los Angeles County Department of Wetmore has assisted the County Beaches and Harbors for leases at in negotiations and financial Marina del Rey, the largest small planning for the ma /or marina and craft harbor in North America, and commercial leaseholds at the is assisting the department in Harbor, resulting in new operating restructuring lease extensions for a agreements for retail, hotel, variety of large -scale commercial, restaurants, and marinas that are residential and waterfront highly beneficial to the County properties on land owned by the Real Estate Broker, State of client Work has included Fiscal Consultant Services extensive involvement in real Estate Appraiser (SCREA), State estate negotiations Mr Wetmore has directed Sacramento preparation of Fiscal Consultant Mr Wetmore assisted the San Reports in connection with the Francisco Treasure Island issuance of bonds by the Alameda Development Authority in Community Improvement evaluation of qualifications for Commission and the Master Developers at Treasure Redevelopment Agency of the City Island of Seaside Mr Wetmore has extensive Professional Credentials experience in transit- related developments, including work for Mr Wetmore is a speaker at the BART, the Metropolitan District Community Redevelopment Transit Board in San Diego, and Association (CRA), the University the cities of San Francisco ( Yerba of California (Berkeley) School of Buena Center) and Los Angeles Urban Design, and seminars sponsored by Keyser Marston Mr Wetmore has extensive Associates, Inc He has been a experience in all kinds of frequent contributor to Urban Land commercial feasibility analysis in magazine, published by the Urban urban situations He has recently Land Institute He is a licensed led KMA work in market feasibility Real Estate Broker, State of in downtown Modesto, downtown California, a State Certified Real Santa Clara, and lands presently Estate Appraiser (SCREA), State controlled by the Port of of California, and a member of Sacramento American Society of Real Estate Counselors Mr Wetmore is a Mr Wetmore has assisted the graduate of Princeton University University of California, Davis in (Phi Beta Kappa and magna cum respect to the campus' proposed laude graduate) A B and holds a hotel /conference center master's degree in European History from University of California, Berkeley is 9 Demographics e118 8 _ W!n , I lon "I -. Column 1: SEPULVEDA BLVD AT ROSECRANS AVE, EL SEGUNDO, CA 9, 0.00 -3.00 Miles, Total Description Column 1 Pct. Population 67,528 2009 Pr4lection 187,456 2004 Estimate 175,701 2000 Census 166,033 1990 Census 151,672 Growth 1990 - 2000 947% Households 2009 Projection 71,614 2004 Estimate 67,528 2000 Census 64,144 1990 Census 61,377 Growth 1990 - 2000 4.51% 2004 Est Population by Single Classification Race 175,701 White Alone 113,413 6455 Black or African American Alone 14,108 803 American Indian and Alaska Native Alone 1,058 060 Asian Alone 13,319 7.58 Native Hawaiian and Other Pacific Islander Alone 1,047 060 Some Other Race Alone 25,182 14.33 Two or More Races 7,576 431 2004 Est Population Hispanic or Latino Hispanic or Latmo Not Hispanic or Latmo 2004 Tenure of Occupied Housing Units* Owner Occupied Renter Occupied 2004 Average Household Size P Prepared on January 4, 2005 Page I of 3 l.%J.11 O 2005 CLARITAS INC All nghu reserved 1 800 866 6511 175,701 52,132 2967 123,569 70 33 67,528 32,423 4901 35,105 5199 259 ® SITEREPORTS tr�ll Column 1: SEPULVEDA BLVD AT ROSECRANS AVE, EL SEGUNDO, CA 9, 0.00 -3.00 Miles, Total Description Column I Pct. 2004 Est. Households by Household Income 67,528 Income Less than $15,000 5,993 8 87 Income $15,000 - $24,999 5,043 747 Income $25,000 - $34,999 5,623 833 Income $35,000 - $49,999 8,385 1242 Income $50,000 - $74,999 11,903 1763 Income $75,000 - $99,999 9,032 13 38 Income $100,000 - $ 149,999 9,960 1475 Income $150,000 - $249,999 7,417 1098 Income $250,000 - $499,999 2,597 385 Income $500,000 and over 1,576 233 2004 Est. Average Household Income $98,565 2004 Est. Median Household Income $68,315 2004 Est. Per Capita Income $37,998 *In contrast to Clantas Demographic Estimates, "smoothed" data items are Census 2000 tables made consistent wgtb current year estimated and 5 year projected base counts Prepared on January 4, 2005 Page 2 of 3 R 1 AS O 2005 CL.ARITAS INC All nghts reserved 1 800 866 6511 M SmRkpom 421 Appendix: Area Listing 7' \ 1't'° » t y-r a 2' xs+.' ,..`-1 / A:_ li ° f, ? .La- fin." >,. -v v✓�'i 1 �'-J$,- .P „+s?�. Type Radius Reporting Detail Aggregate Reporting Level Block Group Radius Definition: SEPULVEDA BLVD AT ROSECRANS AVE EL SEGUNDO, CA 90245 Prepared on January 4, 2005 L6 WAS 0 2005 CLARrrAS INC All nghts reserved. Page 3 of 3 1 800 866 6511 Center Point 33.901900 - 118.396100 Circle/Band. 0 00 - 300 IN S►TEREPORTS L+- 1 City of Manhattan Beach Pop- Facts: Demographic Quick Facts Prepared For: Order #: 963263792 Project Code: Wetmore Site: 03 Column 1: Place (see appendix for geographies), Total Description Column 1 Pct. Population 2009 Projection 2009 Projection 40,195 2004 Estimate 36,734 2000 Census 33,852 1990 Census 32,063 Growth 1990 - 2000 558% Households 2009 Projection 16,903 2004 Estimate 15,590 2000 Census 14,474 1990 Census 13,992 Growth 1990 - 2000 344% 2004 Est Population by Single Classification Race 36,734 White Alone 32,682 8897 Black or African American Alone 221 060 American Indian and Alaska Native Alone 77 021 Asian Alone 2,367 644 Native Hawaiian and Other Pacific Islander Alone 55 0 15 Some Other Race Alone 449 122 Two or More Races 883 240 2004 Est. Population Hispanic or Latino 36,734 Hispanic or Latino 1,922 523 Not Hispanic or Latino 34,812 9477 2004 Tenure of Occupied Housing Units* 15,590 Owner Occupied 10,101 64 79 Renter Occupied 5,489 3521 2004 Average Household Size 2.36 Prepared on January 4, 2005 Page 1 of 3 lh. R ITAS O 2005 CLARITAS INC All nghts reserved. 1 800 866 6511 Stt�R >'�>�rs 423 Pop- Facts: Demographic Quick Facts Prepared For: Order -M 963263792 Project Code: Wetmore Site: 03 Column 1. Place (see appendix for geographies), Total Description Column 1 Pct. 2004 Est Households by Household Income 15,590 Income Less than $15,000 740 475 Income $15,000 - $24,999 467 300 Income $25,000 - $34,999 515 330 Income $35,000 - $49,999 1,137 7.29 Income $50,000 - $74,999 2,180 1398 Income $75,000 - $99,999 1,960 1257 Income $100,000 - $149,999 2,920 1873 Income $150,000 - $249,999 3,116 1999 Income $250,000 - $499,999 1,520 975 Income $500,000 and over 1,035 664 2004 Est Average Household Income $158,402 2004 Est Median Household Income $113,634 2004 Est Per Capita Income $67,246 •In contrast to Clantas Demographic Estimates, "smoothed" data Items are Census 2000 tables made consistent with current year estimated and 5 year projected base counts Prepared on January 4, 2005 CL IR ITAS 02005 CLARITAS INC All nghts msemed Page 2 of 3 1 800 866 6511 19V SireRtpom 424 Prepared For: Project Code: Wetmore Area Name: Type List - Place Pop- Facts: Demographic Quick Facts Appendix: Area Listing Reporting Detail Aggregate Reporting Level Place Order #: 963263792 Site: 03 Geography Code Geography Name Geography Code Geography Name 0645400 Manhattan Beach city Prepared on January 4, 2005 Page 3 of 3 C Wt R ITAS O 2005 CLARITAS INC All nghts reserved 1 800 866 6511 425 City of El Segundo Column 1: Place (see appendix for geographies), Total Description Column 1 Pct Population 2004 Estimate 2009 Projection 17,395 2004 Estimate 16,628 2000 Census 16,033 1990 Census 15,163 Growth 1990 - 2000 574% Households 2009 Projection 7,593 2004 Estimate 7,294 2000 Census 7,060 1990 Census 6,751 Growth 1990 - 2000 459% 2004 Est Population by Single Classification Race 16,628 White Alone 13,833 83 19 Black or African American Alone 206 124 American Indian and Alaska Native Alone 83 050 Asian Alone 1,147 690 Native Hawaiian and Other Pacific Islander Alone 60 0.36 Some Other Race Alone 623 375 Two or More Races 676 4.07 2004 Est Population Hispanic or Latino 16,628 Hispanic or Latino 1,980 1191 Not Hispanic or Latmo 14,648 8809 2004 Tenure of Occupied Housing Units* 7,294 Owner Occupied 3,009 4125 Renter Occupied 4,285 5875 2004 Average Household Size 228 Prepared on January 4, 2005 U 11AS O 2005 CLARITAS INC All nghu reserved. Page 1 of 3 1 800 866 6511 R StTEREPoRn Column 1: Place (see appendix for geographies), Total Description 2004 Est Households by Household Income Income Less than $15,000 Income $15,000 - $24,999 Income $25,000 - $34,999 Income $35,000 - $49,999 Income $50,000 - $74,999 Income $75,000 - $99,999 Income $100,000 - $149,999 Income $150,000 - $249,999 Income $250,000 - $499,999 Income $500,000 and over 2004 Est Average Household Income 2004 Est Median Household Income 2004 Est Per Capita Income Column 1 Pct. 7,294 365 500 460 631 547 7.50 1,057 1449 1,544 21 17 1,247 1710 1,300 1782 568 779 143 196 63 096 `In contrast to Clantas Demographic Estimates, "smoothed" data items are Census 2000 tables made consistent with current year estimated and 5 year projected base counts. Prcpmd on January 4, 2005 Pap 2 of 3 (_ R ITAS 0 2005 CLARITAS INC All nghta reserved. 1 800 866 6511 $86,588 $69,717 $38,065 R SiTEREPARTS 4211 Type List - Place Appendix: Area Listing Reporting Detail Aggregate Reporting Level Place Geography Code Geography Name Geography Code Geography Name 0622412 El Segundo city ;K0 Prepared on January 4, 2005 Page 3 of 3 O 2005 CLARITAS INC AlI nghts reserved 1 800 866 6511 M SITEREPORTS 1 !>8 Los Angeles County Pop Facts: Demographic' Quick Facts Prepared For: Order #: 963263792 Project Code: Wetmore Site: 04 Column 1: County (see appendix for geographies), Total Description Column 1 Pct Population 2009 Projection 2009 Projection 10,613,881 2004 Estimate 10,012,334 2000 Census 9,519,338 1990 Census 8,863,128 Growth 1990 - 2000 740% Households 2009 Projection 3,461,368 2004 Estimate 3,282,266 2000 Census 3,133,774 1990 Census 2,989,542 Growth 1990 - 2000 482% 2004 Est Population by Single Classification Race 10,012,334 Wlute Alone 4,757,100 4751 Black or African American Alone 939,357 938 American Indian and Alaska Native Alone 88,539 088 Asian Alone 1,221,494 1220 Native Hawauan and Other Pacific Islander Alone 31,289 031 Some Other Race Alone 2,514,398 2511 Two or More Races 460,157 460 2004 Est Population Hispanic or Latino 10,012,334 Hispanic or Lahao 4,766,671 4761 Not Hispanic or Latmo 5,245,663 5239 2004 Tenure of Occupied Housing Units* 3,282,266 Owner Occupied 1,556,097 4741 Renter Occupied 1,726,169 5259 2004 Average Household Size 300 Prepan:d on January 4, 2005 Page I of 3 Cl%1 R O 2005 CLARJTAS INC All rights revarved 1 800 866 6511 fflSiTAEREPom 429 Pop - Facts: Demographic Quick Facts Prepared For: Project Code: Wetmore Column 1: County (see appendix for geographies), Total Order #: 9.63263792 Site: 04 _ Description Column I Pct. 2004 Est. Households by Household Income 3,282,266 Income Less than $15,000 529,654 1614 Income $15,000 - $24,999 375,585 1144 Income $25,000 - $34,999 390,760 1191 Income $35,000 - $49,999 471,131 14.35 Income $50,000 - $74,999 569,171 1734 Income $75,000 - $99,999 363,862 1109 Income 5100,000 - $149,999 320,834 977 Income $150,000 - $249,999 172,615 526 Income $250,000 - $499,999 56,301 172 Income $500,000 and over 32,353 099 2004 Est. Average Household Income $67,167 2004 Est. Median Household Income $45,988 2004 Est. Per Capita Income $22,301 "In contrast to Clantas Demographic Estimates, "smoothed" data Items are Census 2000 tables made consistent with current year estimated and 5 year projected base counts Piepued on January 4, 2005 L, I O 2005 CLARITAS INC All ngjds reserved. Page 2 of 3 1900 966 6511 M aSl rERkpom 430 Pop - Facts: Demographic Quick Facts Prepared For: Order #: 963.263792 Project Code: Wetmore Site: 04- Appendix: Area Listing Area Name: Type List - County Reporting Detail Aggregate Reporting Level County Geography Code Geography Name Geography Code Geography Name 06037 Los Angeles County, CA Prepared on January 4, 2005 Page 3 of 3 CLRI R ITAS O 2005 CLARITAS INC All nghts reserved 1 800 866 6511 IgSireREPom 431 APPENDIX Q ERRATASHEET This page provides minor corrections to the Final FIR, dated February 2005 INTRODUCTION /SUMMARY 1 In Table I -1, Page I -20, Mitigation Measure C -3 should be modified to read as follows "All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations " 2 hi Table I -1, Page 1 -22, Mitigation Measure C -14 should be modified to read as follows "All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations " 3 In Table I -1, Page I -56, the second sentence of the first full paragraph under Mitigation Measures should be modified to read as follows "Project applicants (or successors in interest) shall -must provide any new project tenant with information regarding subscription programs available to employees and costs thereof and mall -muu encourage tenants to provide subsidized subscriptions to their employees " 4 hi Table I -1, Page I -60, the last sentence under Environmental Impact should be modified to read as follows "A water needs assessment determined that the City of El Segundo has sufficient water supplies to supply to the proposed project " 5 In Table I -1, Page I -62, the unnumbered bullet that is part of Mitigation Measure M 2 -17 should be modified to read as follows "Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo E'on+ist+nky 41 eexxui+n�- -and I�� rtes P)annm 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 " AIR QUALITY 6 Mitigation Measure C -3 on Page IV C -26 should be modified to read as follows "All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations " 4'i:: Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix Q Final Environmental Impact Report Page I Cary of El Segundo February 2005 Mitigation Measure C -14 on Page N C -28 should be modified to read as follows "All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations " 433 Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix Final Environmental Impact Report Page 2 APPENDIX R REDUCED INTENSITY ALTERNATIVE SUMMARY OF TRAFFIC IMPACTS AND MITIGATION Program Level Impacts 1 El Segundo & Sepulveda — physical improvement and signal system 4 El Segundo & Aviation — signal system 9 Park Place & Nash — physical improvement 10 Park Place & Nash — physical improvement 11 Rosecrans & Sepulveda — physical improvement and signal system 15 Rosecrans & Continental — signal system at neighboring US (MB's redistribution comments reduce impact further) 16 Rosecrans & Douglas — physical improvement and signal system 17 Rosecrans & Aviation — no feasible physical (except as volunteered) and signal system 19 Rosecrans & 1-405 SB Offramp — signal system at neighboring I/S 22 Marine & Sepulveda — signal system 23 Marine & Aviation — signal system 24 Manhattan Beach & Sepulveda — signal system 25 Manhattan Beach & Aviation — signal system Project Level Impacts 1 El Segundo & Sepulveda — physical improvement and signal system 4 El Segundo & Aviation — signal system 11 Rosecrans & Sepulveda — physical improvement and signal system 15 Rosecrans & Continental— signal system at neighboring I/S (MB's redistribution comments reduce impact further) 17 Rosecrans & Aviation — signal system 23 Marine & Sepulveda — signal system Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page I 434 RECOMMENDED IMPROVEMENT MEASURES REDUCED INTENSITY ALTERNATIVE As indicated in the reduced project intersection analysis, traffic from the proposed project is expected to significantly impact 13 intersections at the program level and six intersections at the project level and one freeway segment for the program level Improvements have been identified which will reduce these significant impacts as described below PROGRAM LEVEL Physical Roadway Improvements 1 El Segundo Boulevard and Sepulveda Boulevard Convert the existing eastbound right -turn only lane to a shared through/right- turn lane There exist 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 9 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 -turn lane, one through lane, and one right -turn only lane 10 Park Place and Douglas Street Provide a new traffic signal at this location 11. 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 The southbound departure may need to be widened to accommodate the third left turn lane 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 Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 2 4;i:� 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 Approval for implementation of these improvements would be required 16 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 Approval for implementation of these improvements would be required This improvement is included in the current Rosecrans /Aviation Widening plans but will be guaranteed by the project Site Trip Reductions Promote ndeshare program (bikes, ndeshare matching and transit options) as required by the City of El Segundo Transportation Demand Management (TDM) program In addition to the traditional TDM program, the project should promote access to the Commute View System which will be provided 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 A transit connection system should be established and /or shared with other nearby retail projects to promote use of the existing green line service, remote employee lot during seasonal peaks and local circulator service Based upon estimated usage patterns and trial studies, approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 3 436 Intelligent Transportation Systems Connections /Upgrades The South Bay area will be enhanced with an area wide signal system upgrade prior to program level project completion 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 communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and Advanced Traffic Management System (ATMS) The system will enable private sector partners to disseminate freeway and arterial traffic information to the public The project should provide for sponsorship of these programs by providing access to the system with a centralized monitor to display and use and by offering partially subsidized monthly subscriptions to employees (currently estimated at full cost of $5 00 per month per user) Local Street - Freeway Inter -Ties Communication upgrades which provide communication between the local street systems and freeway systems should be installed to provide improved connectivity between the systems and enhanced capacity The project should provide for fair share funding of these improvements based upon project traffic volume increase compared to other projects in the area Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 4 Video Camera Rosecrans Freeway Ramps A video camera should be installed at the Rosecrans Avenue Freeway ramps to provide visual monitoring of current freeway conditions and potential manual adjustments to metering or timing as required Implementation of these improvements and resultant modification of routes and /or delay in arriving or leaving the site is anticipated to create an approximately three percent increase in the roadway capacity based upon recent studies in the South Bay area under trial conditions Project parking /egress information system for key access /egress corridors The project should 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 A centrally located kiosk system can be provided to disseminate roadway conditions along the major routes This information can 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 the major corridors of Rosecrans Avenue, Sepulveda Boulevard and El Segundo Boulevard by two percent, and the balance of the study intersections by one percent Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 5 PROJECT LEVEL Physical Roadway Improvements 1 El Segundo Boulevard and Sepulveda Boulevard Convert the existing eastbound right -turn only lane to a shared through/right- turn lane There exist 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 11. 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 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 Approval for implementation of these improvements would be required Site Trip Reductions Promote ndeshare program (bikes, ndeshare matching and transit options) as required by the City of El Segundo Transportation Demand Management (TDM) program In addition to the traditional TDM program and to provide additional trip reduction measures the program should promote access to the Commuter View System which will be provided by the City to provide information on congested routes A transit connection system should 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, approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements. Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 6 43 �1 Intelligent Transportation Systems Connections /Upgrades The South Bay area will be enhanced with an area wide signal system upgrade prior to program level project completion. This system 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 communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and Advanced Traffic Management System (ATMS) The system will enable private sector partners to disseminate freeway and arterial traffic information to the public . The project should provide for sponsorship of these programs by providing access to the system with a centralized monitor to display and use and by offering partially subsidized monthly subscriptions to employees (currently estimated at $5 00 per month) Local Street - Freeway Inter -Ties Communication upgrades which provide communication between the local street systems and freeway systems should be installed to provide improved connectivity between the systems and enhanced capacity The project should provide for fair share funding of these improvements based upon project traffic volume increase compared to other projects in the area SepulvedafRosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Report Page 7 4 4G Video Camera Rosecrans Freeway Ramps A video camera should be installed at the Rosecrans Avenue Freeway ramps to provide visual monitoring of current freeway conditions and potential manual adjustments to metering or timing as required Implementation of these Improvements and resultant modification of routes and /or delay in arriving or leaving the site is anticipated to create an approximately three percent Increase in the roadway capacity based upon recent studies in the South Bay area under trial conditions Project parking /earess information system for key access /earess corridors The project should 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 A centrally located kiosk system can be provided to disseminate roadway conditions along the major routes This information can 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 the major corridors of Rosecrans Avenue, Sepulveda Boulevard and El Segundo Boulevard by two percent, and the balance of the study intersections by one percent. P \Planning & Building Safety\Protects\626- 650 \Ea - 631 \EIR DocsWinal EIR\Appendix R doc Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Appendix R Final Environmental Impact Repon Page g '4 4 1 Z OLL Z> �m O� h O w� �i l= Um 3 U�Y FG ty i u i p E g V N xx ,��${ Sd F a> y2KKU a2 fi4 IL ZZ�Fn i2 02 mi]mmm =�2JJm 'o�z EmwSQOw rco��w m 8 �LL Yo9+m¢� m ��LLi�w woo o r nnOw ¢ O n wA wr n fc mZ2 ti F 'm S� b'g fim w�FNmo o orco Gao aw oyaw LLa`2o'o QO�u 5 Y" �"yyy Zb �E �Y. g5 U'�maugiraxx�wu7ub 33u'w 3mo y .� d �io €& 4o p E�Zp+ a0 m n z P Ou _ LL UQ C u n a m CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/04/2005 THROUGH 2/17/2005 Date Payee Amount 2/10/05 Employment Development 2/10/05 W 2/10/05 West Basin 2/11/05 Health Comp 2/14/05 PIERS J a O J W >a p O w' m R Y W ua O U F O > O m U�Y FG ty i u i p E g V N xx ,��${ Sd F a> y2KKU a2 fi4 IL ZZ�Fn i2 02 mi]mmm =�2JJm 'o�z EmwSQOw rco��w m 8 �LL Yo9+m¢� m ��LLi�w woo o r nnOw ¢ O n wA wr n fc mZ2 ti F 'm S� b'g fim w�FNmo o orco Gao aw oyaw LLa`2o'o QO�u 5 Y" �"yyy Zb �E �Y. g5 U'�maugiraxx�wu7ub 33u'w 3mo y .� d �io €& 4o p E�Zp+ a0 m n z P Ou _ LL UQ C u n a m CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/04/2005 THROUGH 2/17/2005 Date Payee Amount 2/10/05 Employment Development 2/10/05 IRS 2/10/05 West Basin 2/11/05 Health Comp 2/14/05 PIERS Description 39,014 47 State Taxes 194,783 70 Federal Taxes 830,13714 Water Payment 2,94066 Weekly claims 2/4 215,624 77 Retirement payment 'V w a 6 U O o O U ri w r u ¢ x v o 442 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/04/2005 THROUGH 2/17/2005 Date 2/10/05 2/10/05 2/10/05 2/11/05 2/14/05 2116/05 2/4- 2/17/05 Payee Amount Employment Development IRS West Basin Health Comp PERS Health Comp Workers Comp Activity DATE OF RATIFICATION: 3/1/05 TOTAL PAYMENTS BY WIRE' Certified as to the accuracy of the wire transfers by 39,014 47 194, 783 70 830,13714 2,94066 215,624 77 87204 26,375 55 1,309,748 33 Deptity Tre urer Date Director of AdministratiftgArvice Date M6X9er Date Description State Taxes Federal Taxes Water Payment Weekly claims 2/4 Retirement payment Weekly claims 2111 SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 1,309,748 33 4 4 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 15, 2005 — 5 00 P.M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Gaines Council Member Boulgandes Council Member Busch Council Member Jacobson Present Present Present Present - Arrived at 5 02pm Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956.9(b) items are a threat of litigation regarding Claim 05 -03 (Karrer), Claim 04 -14 (Wall) and 916 Sheldon Street PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters City of El Segundo v City of Los Angeles, et al LASC No BS094279 Michael Ward v. City of El Segundo, et al , LASC No BC325247 Irene Chen v City of El Segundo, LASC No YC049424 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §549569(c) -11-matter MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 14 444 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 1 matter 1. Public Employment (position to be filled) Title City Manager CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6 59 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 2 445 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 15, 2005 - 7 00 P M 7.00 P M SESSION CALL TO ORDER — Mayor McDowell at 7.00 p m INVOCATION — Clerk Mortesen gave the Invocation PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS — (a) Council and the City Manager made the Presentation of the 2004 Annual Service Awards to City employees (b) Council Member Busch presented a Certificate of Appreciation to Ron Swanson for his contribution of industrial shelving to the El Segundo Fire Department and Recreation & Parks Department's Urho Saari Swim Stadium (c) Mayor Pro Tem Gaines presented a Proclamation in recognition of Rotary International's 100 years of service to improving the human condition in local communities around the world, and proclaiming February 23, 2005 as Rotary International Day in El Segundo (d) Council Member Boulgandes presented Certificates of Recognition to Tom Overmire, Los Angeles County Lifeguard, and members of the Recreation & Parks Aquatics staff Elizabeth Price, Heather Henry, Bruck Solomon and Deric Parsoneault for their teamwork, quick response to danger, and application of life- saving skills which helped save the life of a swim participant at the Urho Saari Swim Stadium ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 3 446 Jane Friedkin, resident, requested Item 8 of the Consent agenda be pulled for discussion John McCarty, resident, spoke regarding Los Angeles Air Force Base retention. Liz Garnholz, resident, spoke regarding Consent Agenda Items 8, 11, and 18 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding (1) the redesignation and rezoning of approximately 85 8 acres of property within the City of El Segundo located on the Northeast corner of Rosecrans and Sepulveda Boulevards currently designated as for industrial uses to a new Commercial Center (C -4) classification ( "Sepulveda /Rosecrans Site Rezoning "); and (2) approval of land use entitlements, including a development agreement, for a proposed shopping center development project located on 43 3 acres within the Sepulveda /Rosecrans Site Rezoning area ('Plaza El Segundo project"), and (3) the adoption of an Environmental Impact Report ( "EIR ") pursuant to the California Environmental Quality Act ( "CEQA ") for the Sepulveda /Rosecrans Site Rezoning and the Plaza El Segundo project Mayor McDowell stated this is the time and place hereto fixed for a public hearing to (1) the re- designation and rezoning of approximately 85 8 acres of property within the City of El Segundo located on the Northeast corner of Rosecrans and Sepulveda Boulevards currently designated as for industrial uses to a new Commercial Center (C-4) classification ( "Sepulveda /Rosecrans Site Rezoning "), and (2) approval of land use entitlements, including a development agreement, for a proposed shopping center development project located on 43 3 acres within the Sepulveda /Rosecrans Site Rezoning area ('Plaza El Segundo project"), and (3) the adoption of an Environmental Impact Report ( "EIR ") pursuant to the California Environmental Quality Act ( "CEQA ") for the Sepulveda /Rosecrans Site Rezoning and the Plaza El Segundo project. City Clerk Mortesen stated that proper notice was completed and four communications had been received in the City Clerk's Office Seimone Jurps, Planning and Building Safety Director, gave a report Kimberly Christensen, Planning Manager, also gave a brief report MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 4 441 BIII Mason, spoke on behalf of the applicant Allan Mackinsey gave a visual report Ron Swanson, resident and businessman, supports the project Scott Reed, resident, supports the project Alyse Rothstein, business owner, supports the project Holly Branch, Chamber of Commerce, supports the project Steven Kaufmann, Richards, Watson & Gershon the law firm representing the City of Manhattan Beach, stated that if the alternative traffic plan is adopted and the developer follows through with the proposed agreement with Manhattan Beach, Manhattan Beach would not be challenging the project Henry Stuart, resident, supports the project Joe Brandon, resident, spoke about his concerns with the project and the traffic Gail Church, resident, spoke in support of the project Joan Parker, resident, spoke in support of the project Liz Garnholz, resident, spoke regarding her concerns with the traffic impact Bill Eisen, Manhatten Beach resident, spokesman for Groups for a Quality City, does not support the project Phil White, President of the El Segundo Rotary Club, supports the project Wendy Phillips, resident of Manhattan Beach, does not support the project Bill Fisher, resident, and President of the Kiwanis Club, spoke in favor of the project Carol Walberg, resident of Manhattan Beach, does not support the project Milan Smith, resident of Manhattan Beach, supports the project Jane Friedkin, resident, concerned with the traffic impact of the project Richard Arabian, resident, stated his concerns with the 'overriding considerations" of the development, and the traffic impact MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 5 [`TQ Craig Fajnor, Christoper A Joseph & Associate and consultant for environmental Impacts, addressed the hazardous materials and the air quality aspect of the project. Liz Culhane, Crane and Associates, consultant on the traffic mitigation, spoke regarding the project Mark Hensley, City Attorney, addressed the land use Issues MOTION by Mayor ProTem Gaines, SECONDED by Council Member Busch to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOVED by Council Member Busch, SECONDED by Mayor ProTem Gaines to direct staff to return with the resolution and ordinance approving the environmental assessment, General Plan Amendment, an ordinance providing for zone changes rezoning and approval the Plaza El Segundo Development Agreement with the reduced traffic generation alternative and no permitted health club MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2 Consideration and possible action (Public Hearing) to adopt a Resolution approving the Recreation and Parks Commission's proposed Increase for Recreation Identification Card fees, and Co -ed Softball League fees (Fiscal Impact $29,500 revenue) Mayor McDowell stated this is the time and place hereto fixed for a public hearing to adopt a Resolution approving the Recreation and Parks Commission's proposed increase for Recreation Identification Card fees, and Co -ed Softball League fees City Clerk Mortesen stated that proper notice was completed and no communication had been received in the City Clerk's Office Stacia Mancini, Recreation and Parks Director, gave a report Liz Garnholz, resident, spoke regarding the waiver of fees MOTION by Council Member Busch, SECONDED by Council Member Jacobson to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Consensus to review these fee increases at the midyear review and staff to prepare a proposed graduated fee increase structured for field use C. UNFINISHED BUSINESS 3 Consideration and possible action regarding sale of future payment by the State to compensate the City for $283,135.86 loss in Vehicle License Fee (VLF) revenues for the period beginning June 20, 2003 and ending prior to October 1, 2003 through the California Communities Statewide Development Authority (California Communities) program (Fiscal Impact $283,136) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 6 I m Bret Plumlee, Administrative Services Director, gave a report Mark Hensley, City Attorney, read by title only RESOLUTION NO. 4413 A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE, AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH MOVED by Mayor McDowell, SECONDED by Council Member Jacobson to adopt Resolution No 4413 approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement No 3444 and related documents with respect to the sale of the seller's vehicle license fee receivable from the State and directing and authorizing certain other actions in connection therewith. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered Individually under the next heading of business 4 Approved Warrant Numbers 2545648 to 2545879 on Register No 9 in the total amount of $1,243,232 73 and Wire Transfers from 1/21/2005 through 2/03/2005 in the total amount of $302,404 18 Authorized staff to release Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement, emergency disbursements and /or adjustments; and wire transfers 5 Approved City Council Meeting Minutes of February 1, 2005 6 Adopted Resolution No 4414 in support of retaining the Los Angeles Air Force Base (LAAFB) during the upcoming Base Closure and Realignment Commission (BRAC) process 7. Approved the examination plan for the Personnel Merit System fob classification of Meter Reader /Repairer 8 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 9 Withdrew award of the contract to HH Construction and award Contract No 3440 to Premium Construction for replacement of playground equipment at the Holly- Kansas Park — Approved Capital Improvement Project — Project No PW 04 -09 (Fiscal Impact $81,810) Authorized the City Manager to execute the construction contract on behalf of the City. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 7 450 10 Approved License Agreement No 3441 for the encroachment of an awning located at 319 Main Street as to form approved by the City Attorney. 11 Adopted plans and specifications for four (4) public works projects at the George E Gordon Community Clubhouse (at 300 Pine Avenue) Interior Painting Project — Project No PW 05- 03 (Estimated cost $16,000), Plumbing Refurbishment Project — Project No PW 05 -02 (Estimated cost $15,000), HVAC Refurbishment and Maintenance Project — Project No PW 05 -04 (Estimated cost $31,000), Roof Refurbishment and Maintenance Project — Project No PW 05 -05 (Estimated cost $16,500) Authorized staff to advertise the four (4) projects for receipt of bids 12 Authorized the Mayor to forward a letter supporting the West Basin Municipal Water District's Proposition 50 grant applications to develop the West Basin Seawater Desalinization Project and Demonstration of Integrated Membrane Seawater Desalinization Project 13 Approved an amendment to License Agreement No 3147A between Southern California Edison Company and the City of El Segundo to provide pedestrian access from Douglas Street to the Metro Green Line Station (Estimated Cost. $6,070) Authorized the City Manager to execute the agreement on behalf of the City Approved a payment of $6,070 to Southern California Edison Company 14 Approved the piggyback purchase on the County of Orange Contract #TSZ12 for the purchase of two full size sedans with police packages The total purchase price will not exceed $40,300 Approved the auction sale of the two replacement vehicles and place those funds back into the General Fund Account (001- 300 - 0000 -3901) 15 Waived fees for city services for the El Segundo Little League and Girls Softball Opening Day parade (Fiscal Impact $1,979) 16 Waived fees for the El Segundo Neighborhood of the Angeles Girl Scout Council for their Annual Tasting Bee and Cultural Fair at the El Segundo Teen Center on Saturday, February 26, 2005 (Fiscal Impact $144) 17 Approved the purchase of twenty -six complete Self Contained Breathing Apparatus (SCBA) and forty -one SCBA face pieces from Allstar Fire Equipment, Inc, utilizing funds from the USFA/Federal Emergency Management Agency (FEMA) 2004 Assistance to Firefighters Grant Program (Fiscal Impact $121,200 /General Fund Fiscal Impact $12,100) 18 PULLED FOR DISCUSSION BY MAYOR PRO TEM GAINES 19 Approved the Police Department utilizing $50,000 of existing Citizens Option for Public Safety (COPS) grant funds to operate on an overtime basis, special enforcement details during the calendar year (Fiscal Impact $50,000 from COPS grant fund) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 8 45 ; MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to approve Consent Agenda items 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 19 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MAYOR PRO TEM GAINES NOT PARTICIPATING IN ITEM 9 DUE TO THE LOCATION OF HIS RESIDENCE AND COUNCIL MEMBER BUSCH NOT PARTICIPATING IN ITEM 11 DUE TO THE LOCATION OF HIS RESIDENCE MAYOR MCDOWELL NOT PARTICIPATING ON ITEM 13, DUE TO HIS FORMER EMPLOYMENT WITH EDISON 8 Consideration and possible action regarding second reading and adoption of Ordinance No 1381 adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to California Government Code 65852 2 affecting second dwelling units MOVED by Council Member Boulgandes, SECONDED by Council Member Jacobson to adopt Ordinance No 1381 adding a new Article E to Chapter 15 -4 of the El Segundo Municipal Code pursuant to California Government Code 65852 2 affecting second dwelling units MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 18 Consideration and possible action to replace a marked police vehicle that was totaled in a collision City to seek pro rata compensation from the other involved party. (Fiscal Impact $33,200) MOTION BY Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to approve the purchase of a replacement marked police vehicle that was totaled in a collision City to seek pro rata compensation from the other involved party (Fiscal Impact $33,200) MOTION PASSED BY UANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER BUSCH ABSENT FROM THE DIAS FOR THE VOTE F NEW BUSINESS 20 Consideration and possible action regarding the authorization of a median cut on Continental Boulevard for the purposes of ingress and egress for the Computer Science Corporation (CSC) at 2100 E Grand Avenue (Estimated Cost Paid by CSC) Seimone Jurps, Planning and Building Safety Director, gave a report. MOVED by Council Member Jacobson, SECONDED by Mayor McDowell to authorize a median cut as per plan on Continental Boulevard for the purposes of ingress and egress for the Computer Science Corporation (CSC) at 2100 E Grand Avenue. (Estimated Cost Paid by CSC) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 21 Consideration and possible action regarding the award of a contract with Telecommunications Management Corporation to provide cable franchise renewal consulting services with Time Warner Cable (TWC) (Fiscal Impact $10,000 for 2004/2005 and $10,000 for 2005/2006, Total Is $20,000) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 9 4.52- MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to award Contract No 3442 with Telecommunications Management Corporation to provide cable franchise renewal consulting services with Time Warner Cable (TWC) (Fiscal Impact $10,000 for 2004/2005 and $10,000 for 2005/2006, Total is $20,000) 22 Consideration and possible action to award a Professional Services Agreement to Answer America, LLC for the operation of the City's Hyperion and Aircraft Noise Complaint Hotline (640 -CITY) MOVED by Council Member Jacobson, SECONDED by Mayor McDowell to award Professional Services Agreement No 3443 to Answer America, LLC for the operation of the City's Hyperion and Aircraft Noise Complaint Hotline and authorize the City Manager to execute the agreement in a form approved by the City Attorney for a six month trail MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 REPORTS — CITY MANAGER — Reported on upcoming ROAD "wild not wasted" event to be held at the Teen Center REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — None Council Member Busch — Reported on the "Trees to the Seas" program Council Member Jacobson — Reported on the upcoming MAX Employment Center 15 Year Anniversary Mayor Pro Tern Gaines — Noted that on February 25 the South Bay Council of Governments Homeland Security Task Force Meeting Mayor McDowell — Invited interested residents to attend the MTA South Bay Sector Council Services Changes meeting on February 22, 2005, 6 00 p in to 8 00 p m at the Carson Community Center MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 10 45 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Joe Brandon, resident, stated that he does not agree with the Mayor Pro Tem's statements to the citizens of Manhattan Beach Gail Church, Tree Muskateers, updated Council on the tree program on Imperial Highway Stated the Tree Muskateers would provide the first 3 years of care She further stated that everyone was aware of the sewer pipes under the street 1. Request by various residents to address the construction activities at 916 Sheldon Street Jane Friedkin, resident, spoke against the R -1 2nd unit construction She stated that many questions need to be answered. She also felt the "illegal" units should be torn down Richard Arabian, resident, stated that the response received on the increase of the water /sewer billing was not adequate He suggested that this issue be reviewed during the mid -year report George Hoops, resident, spoke regarding the MTA removing the 439 bus line and requested Council to support keeping of the 439 line City Manager, Mary Strenn, stated that there was a task force that addressed the water and sewer increase MEMORIALS — Frank Lombardi, former City employee and El Segundo Unified School District Crossing Guard, Margaret Phipps, Mother of Lt Max Phipps, James Sorensen, father of Arlys Wyant, Interim Chamber of Commerce Director and Harry Rinder, known to us as Ike the husband of Mickey Rinder of the El Segundo Fire Department CELEBRATION — Birthday wishes to our City Treasurer, Ralph Lanphere who will be celebrating Thursday, February 17th and congratulations to Gladys Kanode, a long time resident of El Segundo, who on February 18, 2005 will be celebrating her 105th birthday CLOSED SESSION - NONE ADJOURNMENT at 11 18 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2005 PAGE NO 11 454 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 22, 2005, 8 30 A M CALL TO ORDER — Mayor Pro Tem Gaines at 8 30 a m ROLL CALL Mayor McDowell - Present — arrived at 8 32 a m Mayor Pro Tem Gaines Council Member Boulgandes Council Member Busch Council Member Jacobson Present Present — arrived at 8 42 a m Present Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items are a threat of litigation regarding 916 Sheldon Street PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 1 matter City of El Segundo v City of Los Angeles, et al LASC No BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b)• -1- potential case, Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 1 matter Public Employment (position to be filled) Title City Manager ADJOURNMENT at 9 32 a m Cathy Domann, Deputy City Clerk 455 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE- March 1, 2005 AGENDA HEADING: Consent Agen( Consideration and possible action to renew the General Services Agreement between the City of El Segundo and the County of Los Angeles for an additional five years commencing on July 1, 2005 which would allow the City to access on an as needed basis municipal support services performed by the County, such as traffic signal maintenance and other public works activities (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor to sign the General Services Agreement in a form approved by the City Attorney, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION The County of Los Angeles periodically provides miscellaneous services on behalf of the City of El Segundo on an "as needed" basis Examples of such services Include the City's ongoing service agreement with the County for traffic signal maintenance and the availability to access County road crews should the need ever arise for emergency street repairs To facilitate the City's ability to access such services, the City and County have traditionally entered into a series of five -year General Services Agreements (GSA) that ensures that the City has access to County - provided services on an as needed basis The standard GSA has no costs associated with it It provides the legal mechanism and framework whereby the City has access to County services on an "as needed" basis The current agreement expires June 30, 2005 Staff recommends maintenance of the agreement in order to maintain continuing access to the vast pool of services potentially provided by the County of Los Angeles ATTACHED SUPPORTING DOCUMENTS: Draft General services agreement between the City of El Segundo and the County of Los Angeles FISCAL IMPACT. N/A Operating Budget. Amount Requested, Account Number: Project Phase- Appropriation Required. _Yes _ No 456 5 GENERAL SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, June 18, 2005, is made by and between the County of Los Angeles, hereinafter referred to as the "County ", and the City of El Segundo, hereinafter referred to as the "City " RECITALS- (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth (c) Such contracts are authorized and provided for by the provisions of Section 561/2 of the Charter of the County of Los Angeles and Section 51300, et seq , of the Government Code THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS 1 The County agrees, through its officers and employees, to perform those City functions which are hereinafter provided for 2 The City shall pay for such services as are provided under this agreement at rates to be determined by the County Auditor- Controller in accordance with the policies and procedures established by the Board of Supervisors These rates shall be readjusted by the County Auditor- Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County GSAS 2005 / GSA 2005 City Contre tRenewal 1 of 6 457 3 No County officer or department shall perform for said City any function not coming within the scope of the duties of such officer or department in performing services for the County 4 No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof 5 No function or service shall be performed hereunder by any County officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations 6 Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense It is expressly understood that in the event a local administrative office is maintained in the City for any such County officer or department, such quarters may be used by the County officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City GSA M City Cnvm Rene l 2 of 6 458 7 All persons employed in the performance of such services and functions for the City shall be County employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County officer and employee engaged in performing any such service or function shall be deemed to be an officer or employee of said City while performing service for the City within the scope of this agreement 8 The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment 9 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and /or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991 Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto GSAS 2005 / GSA 2005 Qty Contract Renewal 3 of 6 45,9 10 Each County officer or department performing any seance for the City provided for herein shall keep reasonably itemized and in detail work or fob records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service 11 All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to insure payment for work, services or materials provided hereunder 12 The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed 13 Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within GSA 04 City Cntr& Renewal 4 of 6 460 thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so 14. This contract shall become effective on the date herein -above first mentioned and shall run for a period ending June 30, 2010, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years 15 In event the City desires to renew this agreement for said five -year period, the City Council shall not later than the last day of May 2010, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2010, shall notify the City Council in writing of its willingness to accept such renewal Otherwise such agreement shall finally terminate at the end of the aforedescribed period Notwithstanding the provisions of this paragraph herein -above set forth, the County may terminate this agreement at any time by giving thirty (30) days' prior written notice to the City The City may terminate this agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County 16 This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference GSAS 2005 / GSA 2005 City Contract Renewal 5 of 6 4 b i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers Executed this ATTEST City Clerk day of 12005 QI Deputy ATTEST. VIOLET VARONA- LUKENS Executive Officer /Clerk of the Board of Supervisors Deputy APPROVED AS TO FORM RAYMOND G FORTNER,JR County Counsel By Deputy The City of El Segundo Mayor THE COUNTY OF LOS ANGELES Chair, Board of Supervisors GSA N Qty Cntmt Renewal 6 of 6 4640 EL SEGUNDO CITY COUNCIL MEETING DATE: March 1, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action to extend the current agreement with the MWW Group for provision of services related to the City's efforts regarding the Los Angeles International Airport (LAX) Master Plan through September 30, 2005. (Fiscal Impact $56,000) RECOMMENDED COUNCIL ACTION: 1) Approve the First Amendment to Agreement No 3382 extending the City's current agreement with the MWW Group through September 30, 2005, 2) Appropriate $56,000 from the City's Economic Uncertainty Fund to cover the cost of the extension of the agreement, 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION* In October 2004, the City Council approved an agreement with the MWW Group that is set to expire on March 31, 2005 The MWW Group has been an instrumental part of the City's ongoing negotiations with the City of Los Angeles and Los Angeles World Airports (LAWA) to reach an agreement regarding the implementation of the LAX Master Plan Though progress has been made toward an agreement, it is not done yet Accordingly, staff recommends that the City Council approve an extension of the current agreement with the MWW Group through September 30, 2005 The terms and conditions of the existing agreement would remain unchanged (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS- First Amendment to Agreement No 3382 extending the current agreement with the MWW Group through September 30, 2005 FISCAL IMPACT- $56,000 Operating Budget: $250,000 Amount Requested $56,000 Account Number. 001 -400- 2901 -6406 Project Phase: NIA Appropriation Required: —X—Yes _ No l-J 463 Background and Discussion (con't); It is expected that the MWW Group will continue to serve as the City's primary liaison with the City of Los Angeles and LAWA The firm has maintained contacts with the members of the Los City Council, their staff and the Los Angeles Mayor's office To date, the MWW Group has proven itself to be an important part of the City of El Segundo's negotiating effort It should be noted that to cover the costs of extending this agreement, the Council will need to take action to appropriate $56,000 from the City's Economic Uncertainty Fund to cover the cost of extending this agreement through the end of the current fiscal year 4 6; FIRST AMENDMENT TO AGREEMENT NO. 3382 BETWEEN THE CITY OF EL SEGUNDO AND MWW GROUP THIS J" AMENDMENT ( "Amendment'I is made and entered into this I" day of March 2005, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ('CITY ), and MWW GROUP, ( "CONSULTANT'). Pursuant to Section 20 of Agreement No. 3382 ( "Agreement's, this amendment will be effective March 1, 2005-through September 30, 2005 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one mstrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3382 remain the same IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written. CITY OF EL SEGUNDO Mary Strenn, City Manager FA NI & Iii Cindy Mortesen, City Clerk lu V410 is • -W1 LA- H. BeroXssistant City Attorney Taxpayer ID No 4b'5 EL SEGUNDO CITY COUNCIL MEETING DATE: March 1, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding award of contract to S &L Specialty Contracting, Inc for construction related to the Residential Sound Insulation Program's Bid Group 5 (31 residences) (Estimated construction cost and retention $1,109,713) RECOMMENDED COUNCIL ACTION. 1) Award contract to S &L Specialty Contracting, Inc , 2) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney, and 3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION: On February 15, 2005 the City Clerk's office opened sealed bids for the re -bid of the City's Residential Sound Insulation Program Group 5 (RSI 05 -01) Two bids were received and the result of the bid opening was as follows 1 S &L Specialty Contracting, Inc $1,008,830 00 2 NSA Construction Group $1,059,000 00 A review of the Bid from S &L Specialty Contracting, Inc was performed, and proved to be responsive S &L Specialty Contracting, Inc has performed Residential Sound Insulation work for airports throughout the country, including Tulsa, Oklahoma, Cleveland and Columbus, Ohio, Detroit, Michigan, and San Diego. They have been awarded six separate contracts in San Diego, successfully completing 119 homes and are currently working on 72 homes Although a national company, S &L will be working out of offices in Ontario (Please see attached page entitled "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Bidder's Proposal and Statement from S &L Specialty Contracting, Inc FISCAL IMPACT- Operating Budget $2,500,000 Amount Requested $1,109,713 Account Number 116 -400- 0000 -8960 Bid Group- 5 Appropriation Required. _ Yes X No Background and Discussion (cont.) The amount requested includes the Total Bid of $1,008,830 00 from S &L Specialty Contracting, Inc and an additional 10% of that Total Bid for potential change orders due to unforeseen conditions As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA with the remaining twenty percent (20 %) of improvement costs paid for by the property owners 467 BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO. LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 05 -01 "Residential Sound Insulation Program — Bid Group 5 - Rebid" PROPOSAL To the Mayor and City Council Cm of El Segundo +50 Main St 1•I Segundo CA 90245 hhc undersigned declares that he /she has carefully examined the location of the proposed �� ork and has otherµ ise satisfied himself/herself as to the nature and location of the work, and is full intormed as to all conditions and matters which can in any way affect the work or cost thereof that he /she has examined the Contract Documents, and has read the accompan }ing "BIDDING INSTRUCTIONS" and hereby agrees to provide the tollo\ +mg I o tumish all labor. materials, equipment. transportation. and services and to do all the �%ork required for the "Residential Sound Insulation Program — Bid Group 5 - Rebid" in strict conformaN N %ith the Contract Documents and at the following lump sum price, to 'A it ID I Address Description Cost Property Subtotal M 770 N Imperial AN 420 1 RSI Improvements $ Q I I UM —O $ — 5 02 770 kl Imperial Ave 422 RSI Improvements Secondary Door (SW20) $ = $ 2$D- $ 2. -". 5 0, 770 bk Imperial Ave 428 i RSI Improvements $ $ — 5 04 770 kk Imperial Ave #50 RSI Improvements $ mp — $ 05 770 kk Imperial Ave #55 RSI Improvements $ - 5 00 770 kk Imperial Ase 473 RSI Improvements $ $ Z $ D- 5 07 770 R Imperial Ave #81 RSI Improvements $ — $ — 5 08 770 kk Imperial Ave #91 I RSI Improvements $ — $ 5 09 770 kk Imperial Ave 498 RSI Im rovements $ — $ — 5 10 220 East Acacia Avenue RSI Improvements $ — $ on - 5 1 1 i20 East Acacia Avenue RSI Improvements Upgrade 4 doors to EP25 $ $ %a UO- $ Z CSSJ °O 5 12 101 1 East Acacia Avenue i RSI Improvements Add grilles to windows $ — $ — $ V) -C° 5 1 1029 East Acacia Avenue RSI Improvements $ M — $ — 5 14 914 C\ press Street RSI Improvements $ —" $ — a ✓ M ✓ Addendum #1 t � February 8, 2005 5.15 839 Eucal tus Dnve RSI Im rovements $ $ 5 16 817 Hillcrest Street RSI Improvements $ 50 CVD — 5 17 820 Loma Vista Street RSI Improvements $ $ = noo — 5 18 835 Loma Vista Street RSI Improvements $ $ — 5 19 605 West Maple Avenue RSI Improvements $ — $ (Sdb- Add tempered glass to windows 6 & 7 $ Upgrade window 3 from xed to x -o -x fixed m $ 5 21 917 McCarthy Court RSI Improvements $ 99, up $ 9)D Air Conditioning Upgrade 5 22 737 Redwood Avenue RSI Improvements I $ $ 3-3,35D- Upgrade door A from EP19 to EPI $ °O 642 West Sycamore Ave RSI Improvements $ :39 Qn7t- $ Air Conditioning Upgrade $ \ 5 14 524 Nest Sycamore Ave RSI Improvements Add grilles to windows and sliding doors $ $ �'> 523 Nest Svcamore Ave RSI Improvements I $ $ 5 26 827 'v irginia Street RSI Improvements Air Conditioning Upgrade $ $ 3 1000- $ 5 27 648 Nest Walnut Avenue RSI Improvements Air Conditioning Upgrade $ — $ 361 b4DO- $ \ 2'` 18 208 Nest N alnut Avenue RSI Improvements Upgrade door A from EP21 to EP7 $,3s. — $ '7-S6' $ 51F>1 2W - 2i) 209 Last N alnut Avenue RSI Improvements Lpgrade door B from EP 15 and SLl to 2 -EP24 $_TMM $ OCtS $ q3, CCD 5 30 760 Yucca Street RSI Improvements $ c3 — $ 0 cp — 5 +l 759 Yucca Street RSI Improvements $ — $ 004m- 754 1 ucca Street RSI Improvements Lpgrade door A from EP19 to LP7 $ $ 0 '–• 2SZyc, $-✓ 2!5:0— Total Bid (Contract Sum) (words) (figures) In case of discrepanc\ between the words and figures the words must prevail ✓ ✓ ✓ ✓ ✓ M 2 Addendum #1 469 February 8. 2005 EL SEGUNDO CITY COUNCIL MEETING DATE. March 1, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agen Consideration and possible action regarding acceptance of the protect for the abatement of asbestos and lead at the clubhouse located at 300 E Pine Ave - Approved Capital Improvement Project - Project No PW 04 -08 - (Final project cost = $49,950 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, and /or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, On November 3, 2004, the City Council awarded a contract in the amount of $49,950 to Karcher Environmental, Inc for the abatement of asbestos flooring and lead paint at the city clubhouse located at 300 E Pine Ave All work has now been completed to the satisfaction of staff and the project is ready for acceptance Staff anticipates occupancy of the clubhouse on April 4, 2005 ATTACHED SUPPORTING DOCUMENTS: 1 Notice of Completion FISCAL IMPACT Capital Improvement Program: $6,092,000 Amount Requested $ 49,950 Account Number, 301 - 400 - 8202 -8490 Protect Phase Accept the work as complete Appropriation Required No ORIGINATED BY' DATE February 21, 2005 Seimone Jurps, Director of Planning and Building Safety / Acting City Engineer Mary Str , City Manager %� 8 P \PUBLIC WORKS\COUNCIL STAFF REPORTS \FINAL 03 -01 -05 Acceptance of the work with regard to the abatement of asbestos cm 470 Recording Requested by And When Recorded Mail to: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Protect Name Asbestos and Lead Abatement Protect No, PW04 -08 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo The full address of the owner is City Hall, 350 Main Street, El Segundo, CA 90245 4 The nature of the interest of the owner is Facility A work of improvement on the property hereinafter described was field reviewed by the City Engineer on February 15, 2005 The work done was Asbestos and Lead Abatement On March 1, 2005, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder The name of the Contractor for such work of improvement was Karcher Environmental The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows 300 East Pine Avenue The street of said property is 300 East Pine Avenue Dated Seimone Jurlis, City Engineer I, the undersigned, say I am the City Engineer of the City of El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on at El Segundo, California Seimone Jurps, City Engineer 471