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2009 FEB 17 - CC PACKET
AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2009 - 5:00 P.M. Next Resolution # 4591 Next Ordinance # 1427 5:00 P.M. SESSION CALL TO ORDER ROLL CALL 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. SPECIAL ORDER OF BUSINESS: None CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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) - -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter 2 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 17, 2009 - 7:00 P.M. Next Resolution # 4591 Next Ordinance # 1427 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Alexei Smith, St. Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch 003 PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 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. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to introduce and waive first reading of a Floodplain Management Ordinance for the City of El Segundo. (Fiscal impact: None) Recommendation — (1) Open public hearing; (2) Consider evidence submitted during the public hearing; (3) Introduce and waive first reading by title only of the proposed Ordinance; (4) Schedule second reading and adoption of Ordinance on March 3, 2009; (5) Alternatively, discuss and take other possible related action to this item. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. 4 004 2. Warrant Numbers 2570051 to 2570257 on Register No. 9 in the total amount of $1,070,997.49 and Wire Transfers from 01124/09 to 02/05/09 in the total amount of $1,742,523.63. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 3. Regular City Council Meeting Minutes of February 3, 2009. Recommendation — Approval. 4. Consideration and possible action regarding adoption of a Resolution authorizing the City Manager to bid and award contracts for equipment and vehicles funded in the FY 2008 -2009 Equipment Replacement Fund and approval to retire and surplus identified equipment and vehicles. (Fiscal Impact: $700,200) Recommendation — (1) Adoption of Resolution; (2) Authorize Mayor to sign the Resolution; (3) Authorize staff to surplus and sell equipment and vehicles identified in Exhibit "A "; (4) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding the Fiscal Year 2008 -2009 First Quarter Financial Review. (Fiscal impact: None Recommendation — (1) Receive and file the FY 2008 -2009 First Quarter staff report; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding a request from Mattel, Inc. to maintain two, five hundred four (504) square -foot wall signs on a rotating basis on the south side of the parking structure located at 333 Continental Boulevard Applicant: Mattel, Inc (Fiscal Impact: None Recommendation — (1) Approve Mattel's request to maintain two, five hundred four (504) square -foot wall signs; (2) Alternatively, discuss and take other possible action related to this item. 5 0 UJ 7. Consideration and possible action regarding adoption of a Resolution of the City Council authorizing the City's membership in the Los Angeles Regional Interoperable Communications System Joint Powers Agreement. (Fiscal Impact: None at this time Recommendation — (1) Adopt Resolution authorizing the City's membership in the Los Angeles Regional Interoperable Communications System (LA RICS) Joint Powers Agreement (JPA) authorizing the City's membership in LA RICS; (2) Authorize the Mayor to execute the JPA; (3) Direct staff to report back on the status of LA -RICS before the adoption of the funding plan with a recommendation on whether to continue the City's membership in the JPA at that time; (4) Alternatively discuss and take other action related to this item. (5) Alternatively, discuss and take other possible action related to this item. 8. Consideration and possible action to adopt, and waive second reading, of Ordinance No. 1426 amending the parking time limits within the Parking Structure located at 121 West Grand Avenue (Fiscal Impact: None Recommendation — (1) Waive second reading and adopt an ordinance amending El Segundo Municipal Code ( "ESMC ") section 8 -5E -5; (2) Alternatively, take such additional, related, action that may be desirable. 9. Consideration and possible action to adopt a resolution required by a four - fifths vote to authorize a no -bid public works contract for the emergency repair of a 24 -inch diameter storm drain at Vista Del Mar. (Fiscal Impact: $69,000 Recommendation — (1) Adopt a Resolution by four -fifths vote to authorize a no- bid public works contract for emergency repairs; (2) Authorize the City Manager to award a contract to Sequel Contractors for the bid amount of $60,000 to remove and replace a 24" corrugated metal storm drain line and damaged asphalt; (3) Approve a project budget of $69,000 which includes a 15% contingency; (4) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 6 006 F. NEW BUSINESS 10. Consideration of whether to deny a request to amend Development Agreement No. 00 -2 (the "DA "), adopted March 20, 2001 between the City of El Segundo and W9 /SEP Real Estate Limited Partnership affecting the property located at the southeast corner of Sepulveda Boulevard and Walnut Avenue, commonly known as 888 North Sepulveda Boulevard, 892 North Sepulveda Boulevard, and 898 North Sepulveda Boulevard (collectively, the "Site "). Applicant: Trammell Crow Company. (Fiscal Impact: None) Recommendation — (1) Consider whether to deny a request by the Trammel Crow Company to amend Development Agreement No. 00 -2 which allows construction of a six (6) -story, 120,610 square foot building; (2) Alternatively receive and file this report. If the City Council does not deny the request, the applicant may submit a full application, including, without limitation, environmental documentation to comply with the requirements of the California Environmental Quality Act ( "CEQA "), a Development Agreement Amendment, and a Conditional Use Permit; (3) Alternatively, discuss and take other possible action related to this item. 11. Consideration and possible action regarding acceptance of a $2,800,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program. Recommendation — (1) Accept a grant from the Federal Aviation Administration (FAA) in the amount of $2,800,000; (2) Authorize the Mayor to execute the FAA Grant Agreement; (3) Alternatively discuss and take other action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS 7 007 Council Member Brann - Council Member Fisher - Council Member Jacobson - Mayor Pro Tern Busch - Mayor McDowell - 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. MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE:"— 1&, C/ / U C� TIME:. NAME: :j EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action to introduce and waive first reading of a Floodplain Management Ordinance for the City of El Segundo. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Open public hearing; 2. Consider evidence submitted during the public hearing; 3. Introduce and waive first reading of the proposed Ordinance; 4. Schedule second reading and adoption of Ordinance on March 3, 2009; and/or 5. Alternatively, discuss and take other possible related action to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Floodplain Management Ordinance 2. Flood Insurance Rate Map Panel 1770F FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager V REVIEWED BY: Greg Carpenter, Director Ping and Building Safety%( APPROVED BY: Jack Wayt, City BACKGROUND AND DISCUSSION: I. Background The proposed project is an ordinance to adopt floodplain management regulations for Special Flood Hazard Areas within the City of El Segundo. On September 26, 2008, the Federal Emergency Management Agency ( "FEMA ") adopted updated Flood Insurance Rate Maps for Los Angeles County that identify Special Flood Hazard Areas. A Special Flood Hazard Area, known as Zone "A," on the FEMA Flood Insurance Rate Maps was identified along the El Segundo shoreline of the Pacific Ocean and currently appears to only impact publicly -owned properties. Adoption of floodplain management regulations allows the City to remain eligible for the National Flood Insurance Program (NFIP). The NFIP was established by the National Flood Insurance Act of 1968. The Federal Insurance and Mitigation Administration, a division of FEMA, is responsible for managing the NFIP. The three basic components of the NFIP are: identifying and mapping flood -prone areas, requiring that communities adopt and enforce floodplain management regulations, and providing flood insurance. The NFIP makes flood insurance available to properties within communities that adopt floodplain management ordinances meeting Federal guidelines. Currently thousands of communities across the United States voluntarily participate in the NFIP by adopting and enforcing floodplain management regulations to reduce future flood damage. Flood insurance under the NFIP is sold to property owners through state licensed insurance agents and brokers who deal directly with FEMA. The NFIP is not the only source of flood insurance, however, the potential for catastrophic damage from flooding has kept most private market insurers from writing flood coverage. II. Analysis FEMA identifies and maps flood hazard areas across the nation by conducting flood hazard studies and publishing Flood Insurance Rate Maps (FIRMs). FEMA adopted an updated FIRM for Los Angeles County on September 26, 2008. The updated map identifies a portion of the City of El Segundo beach as a Special Flood Hazard Area (SFHA). A SFHA is an area that has a one percent or greater change of flooding in any given year. The NFIP requires that communities that contain a SFHA must adopt a floodplain ordinance and regulate all development in the SFHA in order to remain eligible for Federal flood insurance. Consequently, the City of El Segundo must adopt and enforce a floodplain management regulation which meets the requirements of Title 44, part 60 of the Code of Federal Regulations in order for City property owners to be eligible to purchase federally- subsidized flood insurance. While the SFHA currently appears to only include publicly -owned properties, it is advisable to adopt the standards to deal with the possibility that at some future date a private property owner may need to purchase federally subsidized flood insurance. FEMA originally set a deadline of September 26, 2008 for local agencies to adopt floodplain management regulations. The City did not meet the established deadline. In order to receive additional time to complete the adoption of the necessary regulations, the City Manager sent FEMA a letter (dated September 17, 2008) indicating that the City will not issue any building permits within SFHA areas until a floodplain management ordinance is adopted and in effect. In order to meet the NFIP requirements other nearby beach communities have adopted floodplain ordinances that are based on the California Model Floodplain Management Ordinance developed by the Department of Water Resources. The intent of the model ordinance is to protect the environment and the public from flood damage by setting more stringent construction and development standards in areas where FEMA has determined special flood hazards exist. As written, this model ordinance contains many requirements that would not affect development in the City of El Segundo's mapped floodplain area. Since the City's floodplain area consists of public open space, all the requirements of the ordinance regarding residential development, manufactured homes, subdivision and recreational vehicles are not applicable within the City's mapped flood zone area. Staff has discussed removing these regulations from the model ordinance with federal planners tasked with facilitating local agency adoption of floodplain ordinances that meet federal requirements. The recommendation was to adopt the model ordinance with little modification. This approach was recommended to deal with possible future changes to the FIRM that could place additional areas in the City in the flood hazard area. 2 City staff forwarded the draft Ordinance to FEMA Section IX staff for review before this meeting. FEMA staff verified that the proposed Ordinance meets the requirements for participation in the Insurance program. After adoption, a copy the Ordinance will be sent to FEMA to verify the City's compliance with federal requirements for flood insurance program participation. III. General Plan Consistency The Floodplain Management Ordinance is consistent with General Plan Goals, Objectives, and Policies related to the Public Safety Element of the General Plan. Specifically, the amendment is consistent with Public Safety Element Goals, Objectives and Policies that include: Goal PS2, Policy PS2 -1.4 "Identify potential high -risk inundation coastal areas and manage them to reduce risk." and Goal PS5, Objective PS5 -1 "It is the Objective of the City of El Segundo that the City improve flood control systems and provide adequate protection in areas subject to inundation." The Floodplain Management Ordinance is in compliance with PS2 in that the Floodplain Ordinance regulates construction in order to protect human life and health and minimize damage to structures in special flood hazard areas identified by FEMA. The Floodplain Management Ordinance is in compliance with PS5 in that it requires that new construction in areas vulnerable to floods be protected against flood damage. IV. Coastal Plan Consistency The City of El Segundo coastal zone consists of an area of approximately 50 acres in area. The linear extent of beach frontage is slightly less than one mile and the coastal zone in this area is approximately 200 yards in width. The special flood hazard area appears to be roughly contiguous with the portion of the City's coastal zone designated as "shoreline" area within the City's Local Coastal Program (LCP). The Floodplain Management Ordinance does not conflict with the City's adopted LCP policies regarding development in that no additional uses or change to the uses allowed within the shoreline area of the coastal zone will result from the adoption of the Floodplain Management Ordinance. The LCP allows for the construction of beach facilities, such as lifeguard towers and rest room facilities and allows for above or below grade facilities required as part of the operation of coastal dependant energy facilities. The Floodplain Management Ordinance's effect is limited to requiring that any new construction or substantial improvement to permitted structures will have to comply with the "standards of construction" identified in the Ordinance. V. Environmental Review The proposed Ordinance is Categorically Exempt from review under the California Environmental Quality Act (California Public Resources Code § §21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations § §15000, et seq., the "CEQA Guidelines ") because it consists of an action taken the City to ensure the maintenance and protection of the environment. Accordingly, the Ordinance constitutes a Class 8 exemption pursuant to CEQA Guidelines § 15308. N VI. Recommendation Planning staff recommends that the City Council introduce and waive first reading of the attached draft Ordinance to approve Environmental Assessment No. EA -812. Second reading and adoption of the Ordinance would occur on March 3, 2009. 1� 4 ORDINANCE NO. AN ORDINANCE ADOPTING THE MODEL FLOODPLAIN MANAGEMENT ORDINANCE FOR SPECIAL FLOOD HAZARDS WITHIN THE CITY IN ORDER TO MAINTAIN ELIGIBILITY WITHIN THE NATIONAL FLOOD INSURANCE PROGRAM (ENVIRONMENTAL ASSESSMENT NO. 812). The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares that: A. The special flood hazard areas of El inundation which results in loss of life hazards, disruption of commerce extraordinary public expenditures for impairment of the tax base, all of which safety, and general welfare; Segundo are subject to periodic and property, health and safety and governmental services, flood protection and relief, and adversely affect the public health, B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses; C. In order for City residents to be eligible to purchase federally- subsidized flood insurance, cities must adopt floodplain management regulations which meet or exceed the requirements set forth in Title 44, Part 60 of the Code of Federal Regulations; D. On December 12, 2008 the City of El Segundo filed an application for an Environmental Assessment (EA -812) for Floodplain Management Regulations for areas of special flood hazards within the City of El Segundo; E. 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 "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); F. On February 17, 2009, the City Council held a public hearing regarding the Ordinance for Floodplain Management Regulations. Based on the evidence submitted during the City Council public hearing, staff recommendations, and Council deliberations, it is in the public interest to 013 -1- adopt this Ordinance; G. The adoption of this Ordinance will allow residents of the City of El Segundo to remain eligible to purchase flood insurance through the National Flood Insurance Program. The Ordinance meets the minimum standards set forth in Title 44, Section 60.3 of the Code of Federal Regulations; SECTION 2: General Plan Consistency. The Floodplain Management Ordinance is consistent with General Plan Goals, Objectives and Policies related to the Public Safety Element of the General Plan. Specifically, the amendment is consistent with Public Safety Element Goals, Objectives and Policies that include: Goal PS2, Policy PS2 -1.4 "Identify potential high -risk inundation coastal areas and manage them to reduce risk." and Goal PS5, Objective PS5 -1 "It is the Objective of the City of El Segundo that the City improve flood control systems and provide adequate protection in areas subject to inundation." The Floodplain Management Ordinance complies with PS2 in that the Floodplain Ordinance regulates construction in order to protect human life and health and minimize damage to structures in special flood hazard areas identified and mapped by the Federal Emergency Management Agency (FEMA). The Floodplain Management Ordinance complies with PS5 in that it requires that new construction in areas vulnerable to floods be protected against flood damage. SECTION 3: Coastal Plan Consistency. The City of El Segundo coastal zone consists of an area of approximately 50 acres in area. The linear extent of beach frontage is slightly less than one mile and the coastal zone in this area is approximately 200 yards in width. The special flood hazard area appears to be roughly contiguous with the portion of the City's coastal zone designated as "shoreline" area within the City's Local Coastal Program (LCP). The Floodplain Management Ordinance does not conflict with the City's adopted LCP policies regarding development in that no additional uses or change to the uses allowed within the shoreline area of the coastal zone will result from the adoption of the Ordinance. The LCP allows for the construction of beach facilities, such as lifeguard towers and rest room facilities and allows for above or below grade facilities required as part of the operation of coastal dependant energy facilities. The Floodplain Management Ordinance's effect is limited to requiring that any new construction or substantial improvement to existing structures will have to comply with the "standards of construction" identified in the Ordinance. SECTION 4: Environmental Assessment. The City Council determines that this Ordinance is Categorically Exempt from review under the California Environmental Quality Act (California Public Resources Code § §21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations § §15000, et seq., the "CEQA Guidelines ") because it consists of an action taken the City to ensure the maintenance and protection of the environment. Accordingly, the Ordinance constitutes a Class 8 exemption pursuant to CEQA Guidelines § 15308. SECTION 5: The Model Ordinance for Floodplain Management, attached as Exhibit "A," -2- L►1 4 and incorporated by reference, is adopted. The City Manager is authorized to promulgate such administrative policies and procedures that may be required to implement this Ordinance. SECTION 6: 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 7: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 8: Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other City Ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes. 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. -3- ko I J SECTION 11: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2009, 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 Karl H. Berger Assistant City Attorney PAPlanning & Building Safety\ PROJECTS \801 - 825 \EA - 812 \Floodplain Ordinance EA- 812.doc -4- 016 EXHIBIT "A" FLOODPLAIN MANAGEMENT REGULATIONS SECTION 1.0 PURPOSE AND METHODS 1.1 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.2 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes regulations to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. �1'r SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "A zone"- see "Special flood hazard area ". "Accessory structure" means a structure that is either: 1. Solely for the parking of no more than 2 cars; or 2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex' means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood "). Base flood is the term used throughout this ordinance. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al -30, VE and V1430 that indicates the water surface elevation resulting from a flood that has a 1- percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" - see "Structure ". "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 N30, VE, or V. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before September 26, 2008. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and /or mudslides (i.e., mudflows); and 2. The condition resulting from flood - related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. 3 �l� "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source - see "Flooding." "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see the applicable FEMA Technical Bulletins TBA TB -3 and TB -7. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as 'Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Section 6.0, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one - hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long -term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. 4 fi": "Hardship" as related to Section 6 means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non - elevation design requirements, including, but not limited to: a. The flood openings standard in Section 5.1.C.3; b. The anchoring standards in Section 5.1.A; c. The construction materials and methods standards in Section 5.1.13; and d. The standards for utilities in Section 5.2. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement' definition). This prohibition includes below -grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of El Segundo substantial damage /improvement procedures. See Section 4.2.B.1. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction ", for floodplain management purposes, means structures for which the "start of construction" commenced on or after September 26, 2008, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 26, 2008. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and /or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One- hundred -year flood" or "100 -year flood" - see "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations . "Public safety and nuisance" as related to Section 6, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 6 "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" - see "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, AH, V1430, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "V zone" - see "Coastal high hazard area." 023 "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 8 U 4 `� SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of El Segundo. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARLI The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Los Angeles County, California and Incorporated Areas" dated September 26, 2008, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated September 26, 2008, and all subsequent amendments and /or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the Department of Planning and Building Safety, 350 Main Street, El Segundo, CA. 3.3 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of El Segundo, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 3.7 SEVERABILITY. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 9 U4,) SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager or his /her authorized designee is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions. 4.2 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Review. Review all development permits to determine: 1. Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of El Segundo; and 5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. B. Development of Substantial Improvement and Substantial Damage Procedures. 1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings, develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." 2. Assure procedures are coordinated with other departments /divisions and implemented by community staff. C. Review Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.2, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section S. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations ". 10 -U �l D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: 1. Certification required by Section 5.1.C.1 and Section 5.4 (lowest floor elevations); 2. Certification required by Section 5.1.C.2 (elevation or floodproofing of nonresidential structures); 3. Certification required by Sections 5.1.C.3 (wet floodproofing standard); 4. Certification of elevation required by Section 5.3.A.3 (subdivisions and other proposed development standards); 5. Certification required by Section 5.6.13 (floodway encroachments); 6. Information required by Section 5.7.F (coastal construction standards); and 7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special 11 �I��i flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. F. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 3.3. G. Biennial Report. Complete and submit Biennial Report to FEMA. H. Planning. Assure community's General Plan is consistent with floodplain management objectives herein. 4.3 DEVELOPMENT PERMIT. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 3.2. Application for a development permit shall be made on forms furnished by the City of El Segundo. The applicant shall provide the following minimum information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 3.2 or Section 4.2.C; 6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 5.1.C.2 of this ordinance and detailed in FEMA Technical Bulletin TB 3 -93. B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 5.1.C.2. C. For a crawl -space foundation, location and total net area of foundation openings as required in Section 5.1.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1 and 7. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 4.2.E of this ordinance. 4.4 APPEALS. The City Council of the City of El Segundo shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 12 X418 SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are required: A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: 1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing. 1. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 4.2.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 13 0 9 2. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 5.1.C.1 or: a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 5.1.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of Section 5.1 C.2.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator. 3. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: a. For non - engineered openings: 1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. 4. Manufactured homes. a. See Section 5.4. 14 0 .�� 5. Garages and low cost accessory structures. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 5.1.C.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 5.1.B. 2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB -6. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low -cost sheds), as defined in Section 2, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a) Use of the accessory structure must be limited to parking or limited storage; b) The portions of the accessory structure located below the BFE must be built using flood- resistant materials; c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; e) The accessory structure must comply with floodplain encroachment provisions in Section 5.6; and f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 5.1.C.3. 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 5.1. 5.2 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B. On -site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 15 0 3i 5.3 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT. A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR -F) to the Floodplain Administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade. B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 5.4 STANDARDS FOR MANUFACTURED HOMES. A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Within Zones V1 -30, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 5.7. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al -30, AH, AE, V1 -30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 5.4.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. 16 �4; Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 5.5 STANDARDS FOR RECREATIONAL VEHICLES. A. All recreational vehicles placed in Zones Al -30, AH, AE, V1 -30 and VE will either: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 4.3 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 5.4. B. Recreational vehicles placed on sites within Zones V1 -30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 5.5.A and Section 5.7. 5.6 FLOODWAYS. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of El Segundo. B. Within an adopted regulatory floodway, the City of El Segundo shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. C. If Sections 5.6.A & B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 5. 17 5.7 COASTAL HIGH HAZARD AREAS Within coastal high hazard areas, Zones V, V1 -30, and VE, as established under Section 3.2, the following standards shall apply: A. All new residential and non - residential construction, including substantial improvement /damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 2 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. D. Fill shall not be used for structural support of buildings. E. Man -made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 5.7.A; and 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 18 '34 SECTION 6.0 VARIANCE PROCEDURE 6.1 NATURE OF VARIANCES. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City Council of the City of El Segundo to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 6.2 CONDITIONS FOR VARIANCES. A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 4 and 5 of this ordinance have been fully considered. As the lot size increases beyond one -half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 2 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance. 19 �)JJ E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 6.3 APPEAL BOARD. A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. 20 v :� f.i B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance "), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 6.3.A through 6.3.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. D. Upon consideration of the factors of Section 6.2.A and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. 21 tJ37 LEGEND SPECIAL FLOOD HAZARD AREAS (SFHAS) SUB]ECI TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD The 1% annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the '1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V and VE. The Base Flood Elevation is the water - surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zane AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1% annual chance flood by a Federal flood protection system under construction; no Base Rood Elevations determined. ZONE V Coastal flood zone with velocity hazard (wave action); no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The fkoldway i5 the channel of a stream plus any adjacent floodplam areas that must be kept free of encroachment so that the 1% annual chance flood an be carried without substantial increases in flood heights. Q OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Q OTHER AREAS ZONE X Areas determined to be outside the 0.2% annual chance floodplain. ZONE D Areas in which flood hazards are undetermined, but possible. ® COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas DX5510 Bendy mark (see explanation in Notes to Users section of X this FIRM panel) M1.5 River Mile MAP REPOSITORIES Refer to Map Repositories list on Map Index EFFECTIVE DATE OF COUNTYWIDE FLOOD INSURANCE RATE MAP September 26, 2008 EFFECTIVE DATE(S) OF REVISION(S) TO THIS PANEL For community map revision history prior to countywide mapping, refer to the Community Map History table located in the Rood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent or call the National Flood Insurance Program at 1 -800- 638 -6620. Qtj 3s MAP SCALE 1" = 1000' p 500 0 1000 2DO MFTFRR 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary - Floodway boundary - - Zone D boundary •����w����u�w• CBRS and OPA boundary e— Boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood velocities. 513 Base Flood Elevation line and value; elevation in feet- (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* ' Referenced to the North American Vertical Datum of 1988 (NAVD 88) A A Cross section line @--- - - - - -- Transact line Geographic coordinates referenced to the North American 97°07'30 ",32°22'30" Datum of 1983 (NAD 83) 4275co"N 1000 -meter Universal Transverse Mercator grid values, zone 11 6000000 FT 5000 -foot grid ticks: California State Plane coordinate system, V zone (FIPSZONE 0405), Lambert Conformal Conic DX5510 Bendy mark (see explanation in Notes to Users section of X this FIRM panel) M1.5 River Mile MAP REPOSITORIES Refer to Map Repositories list on Map Index EFFECTIVE DATE OF COUNTYWIDE FLOOD INSURANCE RATE MAP September 26, 2008 EFFECTIVE DATE(S) OF REVISION(S) TO THIS PANEL For community map revision history prior to countywide mapping, refer to the Community Map History table located in the Rood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent or call the National Flood Insurance Program at 1 -800- 638 -6620. Qtj 3s MAP SCALE 1" = 1000' p 500 0 1000 2DO MFTFRR 4r 'U' �{ F I �1if�lU�kVA5111 k1 �� ��" l .., �fv k t:G l 0 Ilk' IL .:'mat t�. I � I� IJ AT- - C _ I ! f T ryt .. t . -� a� '', � I { .`— '', f jar '� '"4 � � 1 .�" � f ad• ^��"�y'�^^_y i i 1 � t fin. I s m:s ��77 • � ti'I Try rp—� { az t df A' is k • 6 I� s ' A ❑ Z oLL Z >. � [O i.0 J W ¢ U)r w� LL O }O Z F Q U ¢ W r U) 0 W cc 0 0 N Y a 7 R m LL O Q Q O fr CL a Q LL O N Q ❑ n N O N 0 0 N 0 ❑ Q ~ W Q W O Y 2 U lrC. W = O U y 2 U 2 W W F 2 x :3 K IL U U 2 0 U 03 O O W W W O D O Y Y Y U U V W O 0 0 F > > > Z �[ n 0i O 0 fA (O w O N O m r N Gp N N O �O O g 7 O Q o (q c? rn� rnmv rnmm rn �o W N O t+1 (p Ci . 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N N W LL r 0�� a a a W w Q <¢ a 3 W= Q J r fr/ " i rQ_ W W V r N tl C C Y O tl CL W ¢r(AV7O2¢¢O }pa W R <(OQIi¢¢¢OOQO W X X H.? U E C N C7 r VI Q Q ci d d Q S S r LL U .J ¢ U? LL (7 W J 3 Q W W O > a j V m 0 n 0 2 U ry O C N O C T O L N d N a U T N 3 N E �O U U N W O. N L N O O O O O O O O o 0 0 0 0 0 N N O N U U O p ❑ 'O N C T N N .2 N O `O ?` O E m 6 N L N m y D L c w W O N - W 0) 7) Q w C O_ El E j ¢ `T 9 W L N N A Q E O oTV E c JO —U z Q U uoi d U� m U 2 W J O LL O O o m ❑ ti H Z N W .G' a W N II Z F- _. H p N Q Q II 0 II LL II- Z Q cn U U ui U LL Q m T LL ❑ PLEASE NOTE: PAGES 40 & 41 DUPLICATE OF 38 &39 OF ITEM #1 ii 4 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 01/24/09 THROUGH 02/05/09 Date Payee Amount Description 1/26/2009 Nationwide EFT 32,582.10 457 payment 1/26/2009 State of California 1,153.24 Child support withholdings 1/27/2009 Nationwide EFT 88,085.43 401 payment 1/27/2009 Federal Reserve Bank 500.00 Emp Savings Bond 1 1/28/2009 CaIPERS 301,236.68 Retirement payment 1/29/2009 Lane Donovan Golf Ptr. 19,729.51 Payroll transfer 1/29/2009 Health Comp 7,103.55 Weekly claims 1/30/2009 Siemens Financial 44,837.50 Quarterly energy payment 1/30/2009 Wells Fargo Bank N.A. 124,703.87 Infrastructure lease - semiannual 2/5/2009 Health Comp 802.08 Weekly claims 2/5/2009 UNUM 469.80 LTD 2/5/2009 CalPERS 805,733.07 Health premium 2/5/2009 Employment Development 51,627.59 State taxes 2/5/2009 IRS 239,372.16 Federal taxes 2/5/2009 State of California 1,153.24 Child support withholdings 2/5/2009 UBOC 4,405.49 PARS payment 1/24- 2/05/09 Workers Comp Activity 19,028.32 SCRMA checks issued 1,742,523.63 DATE OF RATIFICATION: 2/17/09 TOTAL PAYMENTS BY WIRE: 1,742,523.63 Certified as to the accuracy of the wire transfers by: Man ement Analyst Date Tabw4tk O,Gc.Q•Ll ai9 d Directo in c r Date Cit Hager to Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers \2009 \Wire 2009 Qtr 1st \Wire Transfers 2 -5.xls 0 4 33 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2009 - 6:00 P.M. 6:00 P.M. SESSION - CANCELLED CALL TO ORDER ROLL CALL 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. SPECIAL ORDER OF BUSINESS: None CLOSED SESSION: The City Council may move 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) - -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 1 U 4 <4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matter SPECIAL MATTERS: - 0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 2 045 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION— Father Robert Victoria, Saint Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS a. Council Member Fisher presented a Proclamation to Nancy Franklin, American Heart Association, declaring February 6, 2009 "Go Red for Women" Day. b. Presentation of trophies to the 2008 Holiday Parade winners by the El Segundo Chamber of Commerce: Award Recipient Best Decorated Vehicle - Adult Southern California Miata Club Best Decorated Vehicle - Children Boy Scout Troop 762 Dave Jones Award - Children El Segundo Junior Drama Program Dave Jones Award - Adult Pacific Baptist Church Best Performers - Children El Segundo Youth Cheer Best Performers - Adult South Bay Coastliners Best Float - Business 1- 800 - Got -Junk Best Musical Band - Other El Segundo Concert Band Best Musical Band - High School El Segundo High School Band Best Musical Band - Elementary El Segundo Elementary Band Most Original Entry 1931 Helms Truck ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Brann Council Member Fisher Council Member Jacobson - Present - Present - Present - Present - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 3 46 r � 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. Paula Cook spoke regarding the St. Olaf College Band concert tomorrow evening at El Segundo High School at 7:30 p.m. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Brann, SECONDED by Council Member Jacobson 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 (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. Approved Warrant Numbers 2569836 to 2570050 on Register No. 8 in the total amount of $1,200,502.43 and Wire Transfers from 1/09/09 to 1/23/09 in the total amount of $2,165,102.83. Authorized staff to release. Ratifed: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Approved Regular City Council Meeting Minutes Council Meeting Minutes of January 20, 2009. 3. Approved the exchange of Federal Surface Transportation Program Local Funds (STP -L) for a like amount of Los Angeles County Metropolitan Transportation Authority (LACMTA) Funds in the amount of $401,176.00. (Fiscal Impact: $393,153.00) Authorized the City Manager to execute the Memorandum of Understanding No.3904 approved by the City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 4 047 4. Approved and changed the job classification titles for the Principal Civil Engineer position to Principal Engineer and the Civil Engineering Associate position to Associate Engineer. Adopted Resolution No. 4588 establishing a basic monthly salary for Principal Engineer and Associate Engineer. 5. Adopted Ordinance No. 1425 for Environmental Assessment No. EA -805 and Zone Text Amendment No. 08 -02 amending the El Segundo Municipal Code to allow limited sales of automobiles as an accessory use in the Small Business (SM) and Medium Manufacturing (MM) Zones. (Fiscal Impact: None) 6. Awarded Contract No. 3903 to S &L Specialty Contracting, Inc. for construction related to Group 30 (21 homes) of the City's Residential Sound Insulation Program (Project No. RSI 08 -22). (Estimated construction cost and retention: $702,075) Authorized the City Manager to execute a contract in a form approved by the City Attorney. 7. Amended Professional Service Agreement with Robert Half International in support of Accounts Payable. (Fiscal Impact: $10,000) MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch Busch to approve Consent Agenda Items 1, 2, 3, 4, 5, 6 and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 7a. Consideration and possible action to (1) introduce, and waive first reading, of an ordinance amending the parking time limits within the Parking Structure located at 121 West Grand Avenue; (2) adopting a resolution delegating authority to the City Manager, or designee, to designate certain parking stalls as "permit only" stalls; and (3) taking such additional, related, action that may be desirable. (Fiscal Impact: $0) Mark Hensley, City Attorney, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to amend the Ordinance to change Section 8 -5E -5 parking restriction from 6 p.m. to Midnight. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mr. Hensley read by title only: ORDINANCE NO. 1426 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 8- 5E -5(A) REGULATING PARKING TIME RESTRICTIONS WITHIN SPECIFIED AREAS. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 5 0 lei 8 Mayor Pro Tern Busch introduced the ordinance. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to adopt Resolution No. 4589 delegating authority to the City Manager, or designee, to identify certain parking stalls as "permit only" stalls. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Thanked City Manager and Staff for installing the bike rack outside City Hall. Reported on his recent attendance at the League of California Cities Conference. He also noted that the State of California had not yet passed the budget for Fiscal Year 2008 -2009. Council Member Fisher — NONE Council Member Jacobson — NONE Mayor Pro Tern Busch — Spoke regarding the upcoming March 7t" Arbor Day celebration and planting of trees on Douglas Street. Mayor McDowell — 8. Consideration and possible action to adopt a resolution supporting the continuation of the Boeing C -17 Globemaster III cargo plane production program at Boeing's Long Beach manufacturing facility. (Fiscal Impact: None) MOTION by Mayor McDowell, SECONDED by Council Member Brann to adopt Resolution No. 4590 supporting the continuation of production of the Boeing C -17 Globemaster III cargo plane and authorize appropriate legislative advocacy to promote its continued production in Long Beach, California. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Consideration and possible action to support the South Bay Regional Intermodal Transit Center Project in the reauthorization of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU). (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 6 Vl� MOTION by Mayor McDowell, SECONDED by Council Member Fisher to approve the City Council's support for the inclusion of the South Bay Regional Intermodal Transit Center Project in the reauthorization of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU). Authorized the Mayor to sign a letter indicating the City's strong support for the project. Dana Greenwood, Public Works Director, gave a brief summary of projects that El Segundo will request funding for. 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. - NONE MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:35 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE NO. 7 {'50 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2008 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a Resolution authorizing the City Manager to bid and award contracts for equipment and vehicles funded in the FY 2008- 2009 Equipment Replacement Fund and approval to retire and surplus identified equipment and vehicles. (Fiscal Impact: $700,200) RECOMMENDED COUNCIL ACTION: Adoption of Resolution; 2. Authorize Mayor to sign the Resolution; 3. Authorize staff to surplus and sell equipment and vehicles identified in Exhibit "A "; 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution 2. Exhibit "A" — FY 2008 -2009 Equipment Replacement Recommendations FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $700,200 Additional Appropriation: N/A Account Number(s): 601 - 400 - 4202 -8105 ($216,000) 601 - 400 - 4601 -8105 ($63,200) 601- 400 -5292 -8105 ($136,000) 601 - 400 - 4301 -8104 ($65,000) 601- 400 - 4205 -8105 ($115,000) 601- 400 -5102 -8105 ($77,000) 601 - 400 - 7102 -8105 ($28,000) ORIGINATED BY: Ron Fajardo, General Services Manager 2)�; REVIEWED BY: Dana Greenwood, Director of Public Works' APPROVED BY: Jack Wayt, City ManagIVI V AP UF BACKGROUND AND DISCUSSION: The City of El Segundo Equipment Replacement Fund has an inventory of over 1,000 items including 188 pieces of equipment (i.e., generators, mowers, compressors, etc.) and 137 pieces of rolling stock. The majority of the City's rolling stock is light duty vehicles such as sedans, pick- up trucks and sport utility vehicles. The remaining stock is specialized units such as fire trucks, backhoes, dump trucks and tractor loaders. S1 ( 471 Funding Each City department pays a capital recovery charge for each unit annually in the Equipment Replacement Fund. The Fund allows departments to replace units after reaching the normal useful life of each unit. In FY 2008 -2009, $2,364,670 was budgeted for vehicle and equipment replacement costs. The last equipment replacement recommendations for Public Works and the Parks and Recreation Department were approved by Council in FY 2005 -2006 for the purchase of 14 units at a cost of $481,593. More vehicles and equipment are recommended this year due to previous year deferrals. Interdepartmental Consultation Staff from Public Works, Police, Fire and Recreation and Parks Departments worked together to identify vehicle and equipment replacements that met their immediate needs. The City's inventory was evaluated considering age, mileage, mechanical condition, new environmental regulations, and the potential to reduce the City's current emission levels. Based on that review, staff identified 16 units for the Public Works and Parks and Recreation Department that require replacement and 10 units that can be deferred to a subsequent year. The recommendations for the Police and Fire Departments have already been presented during previous council meetins and are not included in this request. g List of Vehicles and Equipment Exhibit "A" summarizes purchase and deferral recommendations for FY 2008 -2009. The total estimated cost of purchases is $700,200 all of which is approved and available in the FY 2008- 2009 Equipment Replacement Fund. Purchasing Process Staff recommends. that City Council adopt the accompanying Resolution and authorize the City Manager to bid and award contracts for the vehicles and equipment listed in Exhibit "A ". Staff will take all reasonable measures to obtain competitive pricing including soliciting bids and awarding contracts to the lowest responsible bidder, and/or piggybacking on other governmental contracts such as the State of California and other counties, cities and special districts. In addition, staff plans to replace the vehicles and equipment identified in Exhibit "A" with cleaner burning, alternative fuel vehicles whenever possible. 0 5? RESOLUTION NO. A RESOLUTION WAIVING BIDDING REQUIREMENTS IN THE EL SEGUNDO MUNICIPAL CODE AND AUTHORIZING THE CITY MANAGER TO BID, AWARD, AND EXECUTE CONTRACTS FOR SPECIFIC EQUIPMENT. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Manager, or his designee is authorized to bid and award contracts for the equipment and vehicles listed in the attached Exhibit "A" which is incorporated by reference. SECTION 2: Pursuant to El Segundo Municipal Code ( "ESMC" § 1- 5A -7(I), the City Manager is authorized to execute all contracts awarded pursuant to this Resolution without further City Council approval. SECTION 3: The City Manager, or his designee, may take all reasonable measures to obtain competitive prices for the equipment and vehicles in Exhibit "A ". While the procedures set forth in ESMC § 1 -7 -6 to 1 -7 -9 should generally be followed, failure to follow those procedures will not render transactions authorized by this Resolution void. The City Manager may, but is not required to, seek additional City Council approval for transactions made pursuant to this Resolution. SECTION 4: Pursuant to ESMC § 1 -7 -10, the City Council waives the bidding requirements listed in the ESMC in favor of those listed above for the items specified in Exhibit "A ". SECTION 5: The authorizations granted by this resolution will expire after all transactions in Exhibit "A" are complete or upon termination by City Council action. SECTION 6: The City Clerk is directed to certify the adoption of this resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the resolution in the City Council's records and the minutes of this meeting. SECTION 7: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor Resolution No. Page 1 of 2 APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Resolution No. Page 2 of 2 i_;J� CERTIFICATION 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 the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of , 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2009. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Resolution No. Page 3 of 2 ��J Exhibit A - FY 2008 -2009 Equipment Replacement Purchase, Redeployment and Surplus Recommendations Sorted by Recommendation and Division Page 1 of 1 U 5 6 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the Fiscal Year 2008 -2009 First Quarter Financial Review. (Fiscal Impact: none) RECOMMENDED COUNCIL ACTION: (1) Receive and file FY 2008 -2009 First Quarter Financial staff report. (2) Alternatively discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): none ORIGINATED BY: Angelina Garcia, Interim Fiscal Services Manager , REVIEWED BY: Deborah Cullen, Director of Finance APPROVED BY: Jack Wayt, City Manager 1.--yr l BACKGROUND AND DISCUSSION: First Quarter Financial Review Fiscal Year 2008-2009 Staff has reviewed all revenues and expenditures for the first quarter of Fiscal Year 2008 -2009, with an emphasis on the General Fund, to determine if all sources and uses are on target with the originally adopted budget and to highlight any areas that may end the fiscal year significantly above or below budget. 5 '7 5 kJ General Fund Revenues The following is a list of major General Fund revenues, and the performance of each source through the first quarter: Sales & Use Tax and Sales Tax in Lieu combined is the City's largest revenue source, accounting for 22% of the General Fund revenues. In prior years, we had experienced growth in the sales tax category from the opening of Plaza El Segundo and saw continuous increases from year to year. However, the first quarter's sales tax receipts indicate a slowdown in this revenue source. As of December 31, 2008, sales tax revenue had a total decrease of $165,724 over the prior year's first quarter. It should be noted that the decrease we are seeing was accounted for in the FY 2008 -2009 budget projection. Staff will be reviewing the actual fourth- quarter receipts and at mid -year will report in more detail the impact from Plaza El Segundo. Sales Tax in Lieu is received in two payments later in the fiscal year and historically we do not record revenues in the first quarter. Business License Tax is the City's second largest General Fund revenue source, accounting for 18% of total revenues. The majority of this revenue stream is collected in January and February, and based on the preliminary numbers though the end of January this category will meet the annual budget. The top 5 taxpayers in this category generate slightly over $4.9 million. This category continues to be a strong revenue source and we anticipate meeting budget by yearend. Prior Year Q1 Current Variance Adopted % Revenue Source FY 2007- Year Q1 FY2008- Over/ (Under) Budget Received 2008 2009 Business License Sales & Use Tax 918,739 635,452 (283,287) 9,912,700 6.41% Property Tax 2,752,038 2,237,471 2,586,314 2,446,198 (165,724) 9,149,800 28.27% Transient Occupancy (TOT) 1,350,042 1,044,706 208,727 (305,336) 5,781,000 4,853,800 42.31% Electric Utility Tax 942,071 1,060,211 118,140 3,502,000 21.52% Franchise Tax Sales Tax in Lieu 71,201 84,095 12,894 3,319,680 30.27% 2.53% Cogeneration Electric - 460,172 480,959 20,787 3,200,000 2,750,000 License & Permits Gas Utility Tax 259,280 530,760 271,480 1,557,200 17.49% 34.08% 422,451 401,688 (20,763) 1,250,000 32.14% Major Revenue Sources Totals $9,413,465 $9,270,383 ($143,082) $45,276,180 20% Sales & Use Tax and Sales Tax in Lieu combined is the City's largest revenue source, accounting for 22% of the General Fund revenues. In prior years, we had experienced growth in the sales tax category from the opening of Plaza El Segundo and saw continuous increases from year to year. However, the first quarter's sales tax receipts indicate a slowdown in this revenue source. As of December 31, 2008, sales tax revenue had a total decrease of $165,724 over the prior year's first quarter. It should be noted that the decrease we are seeing was accounted for in the FY 2008 -2009 budget projection. Staff will be reviewing the actual fourth- quarter receipts and at mid -year will report in more detail the impact from Plaza El Segundo. Sales Tax in Lieu is received in two payments later in the fiscal year and historically we do not record revenues in the first quarter. Business License Tax is the City's second largest General Fund revenue source, accounting for 18% of total revenues. The majority of this revenue stream is collected in January and February, and based on the preliminary numbers though the end of January this category will meet the annual budget. The top 5 taxpayers in this category generate slightly over $4.9 million. This category continues to be a strong revenue source and we anticipate meeting budget by yearend. Property Tax is currently 3.56% or $208,727 over the same period last year. Based on research that staff has performed and discussions with our consultants the housing slowdown has not impacted this revenue source to date. However, we anticipate some impact from countywide property tax delinquencies which will affect all cities in the county. The delinquencies are allocated across cities in the county, not just to the city in which the delinquency occurs. At mid -year staff will be in a better position to estimate any realized impacts to this revenue source. Transient Occupancy Tax is currently 9.16% or $305,336 below the same period last year, with 21.52% of budget received. Based on staff inquiries the decrease in this category is due to lower than expected occupancy levels. Staff will continue to monitor and report any changes due to the economic conditions at mid -year. Franchise Tax is currently on target when compared to the same period last year. Historically, the City receives 2.5% of total revenues in the first quarter, with the majority of this revenue coming from two payments that are received in April. Staff estimates that this revenue category will be on target at mid -year. Gas Utility Tax is currently at 32.14% of budget received. Based on the uncertainty of the operational status of the local power plant, staff had estimated a decrease in this category for FY 2008 -2009. The good news through the first quarter of this year is that the local power plant has been running and the City has received unexpected revenue. Staff will continue to monitor this revenue source and make any adjustments at mid- year. Interest on Investments has experienced a significant reduction in estimated earnings for the first quarter. This is primarily due to the current national economic conditions and the impact on the financial markets. We are continuing to monitor these revenues, and will explore the possibility of adjusting the adopted budget projection at midyear. Charges for Services which includes Zoning and Planning fees, Plan Check fees, Plan Retention fees, Energy Plan Check fees, and Planning Service fees have a combined budget of $4,444,000, and the City has received $1,252,789 or 22.35% combined through the end of the first quarter. It appears that the revenues for Plan Check fees are slowing down, primarily because of the current economic conditions and the slowdown in construction within the City. License and Permits recorded revenues of $271,480 over same period last year, primarily due to the issuance of one building permit in the amount of approximately $240,000. We will continue to closely monitor all revenues, especially given these uncertain economic times. v'S� General Fund Expenditures The General Fund expenditures through December 31St, 2008 are trending on budget and are slightly below prior year first quarter results by 1.94 %. The following is an analysis of General Fund expenditures by major categories: Elected Officials and Administrative Su Dort Services This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's office, Finance and Human Resources, is currently on target with budget. Nondepartment Nondepartment expenditures are currently on target with budget. Public Safety The Fire Department in total is on target with budget. First - quarter expenditures totaled $3,631,364 or 24.82% of budget. The expenditure percentage trending remains the same in comparison to the same period last year. The Police Department in total is on target with budget. First - quarter expenditures totaled $4,300,864 or 24.4% of budget. The expenditure percentage trending remains the same in comparison to the same period last year. Police Patrol & Safety division was also in line with the prior year. Planning and Building Safetv Expenditures for the first quarter are $343,653 or 27% of the budget. This department continues to augment staff with consultant resources which will enable them to reduce expenditures if necessary due to the uncertain economic conditions. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration. At the end of the first quarter this department is right on target with actual expenditures at $1,528,616 or 25.5% of budget. n V�� Recreational Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library Department. At the end of the first quarter the Recreation and Parks department is right on target with actual expenditures at $893,067 or 19.22% of budget. Currently, the Parks Division is $453,045 or 18.35% of budget and the Recreation Division is $440,022 or 20.2% of budget. Library Services is on target with budget at $488,790 or 22.73% of expenditures realized though the first quarter. Summary With 25% of the fiscal year complete, General Fund expenditures are at 23.5% of budget and are generally on target. Year -to -date expenditures have decreased 5.56% or $787,795 over the same period last year. There are no apparent adjustments needed at this time. Expenditures and revenues in all other funds appear to be on target with budget. Fiscal Year 2008 Preliminary Results Staff has also performed a preliminary review of revenues and expenditures for fiscal year 2007/2008 and reports total General Fund revenues of $58,409,584, expenditures of $59,171,457, which results in a net deficit of $761,873. In September 2008, the City's Investment Portfolio suffered an impairment loss on certain securities of approximately $3,910,000. Had the investment loss not occurred, the General Fund would have had a yearend surplus of $3,148,547. EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request from Mattel, Inc. to maintain two, five hundred four (504) square -foot wall signs on a rotating basis on the south side of the parking structure located at 333 Continental Boulevard. Applicant: Mattel, Inc. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve Mattel's request to maintain two five hundred four (504) square -foot wall signs; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Planning Commission Staff Report dated February 12, 2009. 2. Planning and Building Safety Director's Approval Letter dated February 2, 2009. 3. Inter- departmental Correspondence for Planning and Building Safety Director Hearing dated January 21, 2009. 4. Letter of request from Mattel, Inc. dated December 1, 2008. 5. Proposed Sign Elevation 6. Site Plan FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Director o Planning and Building Safety APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: I. Background The corporate office building and parking structure for Mattel is located at 333 Continental Boulevard. The applicant, Mattel, is requesting approval to maintain two five hundred four (504) square -foot wall signs on a rotating basis to be placed on the southern side of the parking structure. The two signs when combined total 1,008 square feet in area which is 9% of the building face and pursuant to ESMC §15- 18 -8(H) large signs greater than 500 square feet in area require City Council approval. x �. b The surrounding land uses are commercial as follows: Land Uses Zone North: Parking Lot and Commercial office CO South: Hotel CO East: Commercial office CO West: Commercial office CO II. Analysis Two signs were approved by the City Council on October 7, 2008 as temporary "Special Event Signs" for Mattel's Fall Toy Fair. The applicant has filed a request to allow the two large signs to remain permanently and to allow Mattel to change the display areas without having to return to the City Council every year for approval. In addition to advertising the Toy Fair, the two sign display areas will be used by Mattel to advertise new products as needed. Each temporary sign is currently mounted to a frame that is anchored to the exterior wall of the parking structure. The approval of the adjustment would allow Mattel the flexibility to change -out the vinyl display area within each frame with minimal delay or additional permit review, as no structural changes would be required for a face change. The applicant is requesting two signs that are 504 square feet each, totaling 1,008 square feet of signage on the southern fagade of the parking structure. The parking structure is 76' -0" high and 146' -0" wide, totaling 11,096 square feet in area. The maximum size allowed for wall signs on freestanding buildings is 5% of the building fagade. The maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area based upon the dimensions provided. The applicant is requesting wall signs that total 9% of the building fagade area which therefore exceeds the standards set forth in ESMC Chapter 15 -18 and requires approval of a Sign Adjustment. Additionally, ESMC §15- 18 -8(H) requires that large signs greater than 500 square feet in area obtain City Council approval. Although the second sign could be placed on another fagade of the parking structure to remain below the maximum permitted 5% area limit, this fagade is the main entry to the parking structure and is the only fagade visible from any street frontage. The east fa9ade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. Granting the sign adjustment would allow the applicant to reasonable use its property for marketing purposes. On January 21, 2009, the Director of Planning and Building Safety held an administrative hearing on the sign adjustment and took it under advisement. On February 2, 2009, the Director issued a letter granting approval of the sign adjustment for the two signs based on the facts in support of the required findings in accordance with ESMC § 15 -24 -4. The attached letter specifies all of the required findings for the adjustment as well as the conditions of approval (see Exhibit 2). Granting of the adjustment was conditioned upon City Council approval to permit two signs larger than 500 square feet each. The Planning Commission is scheduled to receive and file the sign adjustment approval at its February 12, 2009 meeting. 4 ijJt 32 III. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15311, as a Class 11 categorical exemption (on- premise signs). The project consists of the construction of minor structures (two on- premise signs) accessory to an existing commercial facility. IV. Conclusion Planning staff recommends that the City Council approve the proposed two, permanent, five hundred four (504) square -foot wall signs to be placed on the southern facade of the parking structure at 333 Continental Boulevard. PAPlanning & Building Safety\ PROJECTS \801- 825 \EA- 804\2009.EA- 804.CC SR.doc 0643 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT DATE: February 12, 2009 SUBJECT: Environmental Assessment No. 804 and Adjustment No. 08 -03 REQUEST: To allow two large "Wall Signs" that exceeds the maximum permitted signage for the south facade of an existing parking structure LOCATION: 333 Continental Boulevard APPLICANT: Linda Bush Sosa PROPERTY OWNER: Mattel, Inc. I. DESCRIPTION The Planning and Building Safety Department received an application to install two five hundred four (504) square -foot permanent wall signs on the south fagade of an existing parking structure within the Corporate Office (CO) Zone at 333 Continental Boulevard. The proposed two signs total 1,008 square feet in area when combined, or 9% of the building face. ESMC §15- 18 -8(B) allows wall signs on freestanding buildings up to 5% of each building face. Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment as allowed by ESMC § 15- 24 -1(C). Large signs greater than 500 square feet in area also require City Council approval pursuant to ESMC §15- 18 -8(H). II. RECOMMENDATION Receive and File the Director's Determination; and Recommend that the City Council approve the application. III. ANALYSIS The parking structure is 76' -0" high and 146' -0" wide, totaling 11,096 square feet in area. The maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area based upon the dimensions provided. 065 The applicant is requesting (1,008) square feet of signage on the southern facade of a parking structure, or 9% of the building face. Permanent signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of a Sign Adjustment. The two signs were approved by the City Council on October 7, 2008 as temporary "Special Event Signs" for Mattel's Fall Toy Fair. The request has been filed to allow the signs to remain and allow Mattel to change the display areas without having to return to the City Council every year for approval. In addition to advertising the Toy Fair, the two sign display areas will be used by Mattel to advertise new products as needed. Each temporary sign is currently mounted to a frame that is anchored to the exterior wall of the parking structure. The approval of the adjustment would allow Mattel the flexibility to change -out the vinyl display area within each frame with minimal delay or additional permit review, as no structural changes would be required for a face change. Although the second sign could be placed on another facade of the parking structure to remain below the maximum permitted 5 %A area limit, this facade is the main entry to the parking structure and is the only facade visible from any street frontage. The east facade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. The applicant would be deprived of the reasonable use and enjoyment of the property, and therefore, the findings can be met for the granting of this sign adjustment. On January 21, 2009, the Director of Planning and Building Safety held an administrative hearing on this matter and took it under advisement. On February 2, 2009, the Director issued a letter of approval for the two signs. The Director's approval was based on the facts in support of the required findings in accordance with El Segundo Municipal Code §15 -24 -4. The attached letter specifies all of the required findings for the adjustment as well as the conditions of approval (see Exhibit A). Signs larger than 500 square feet must obtain City Council approval. Therefore, an item is scheduled to request City Council approval at its February 17, 2009 meeting. The granting of the adjustment is conditioned to City Council approval to permit two signs larger than 500 square feet each. IV. EXHIBITS A. Adjustment Approval Letter, dated February 2, 2009 B. Staff Report (Inter - Departmental Correspondence), dated January 21, 2009 C. Adjustment Application and Plans 2 Ub�� Prepared by: Maria Baldenegro, Assistant Planner it MjAkl-14444-w. Kimberly Chri nsen, AICP, Planning Manager Department of anning & Building Safety Greg 9frpensdr, Director Dep ent of Planning & Building Safety PAPlanning & Building SafetpROJECTS 1801- 825\EA- 804\2009 -02.12.EA 804.PC- SR.doc tj �) Elected Officials: KOW WOOMA me- erre K assek, MLVW Pro TOM car.heos.on, cevnur Abunkw AN FM W, ownaumbW Don amn, Coun"AAeber Clnd4'NWft w, CNY CIA& ' rwCNy r Appointed officials: Jack ftk% CNy AkNM- ANrk D. HOWOR . CftyANWW Department Directors: aw aowk AwWWnt CRY AlWNW Dseonk c9fi.n, Ames RGbWr KW& SAW Fka Ckw Dam so*hook UWW savk" am CNP«n« Pkwft A0d suHdk 9 soft DOWCU nnrnss, Pores ekw Dow Gramm" PsAre week. nokwt Cwm web R� s Pants www.*Issgundo.org A Planning &Building Safely Department February 2, 2009 Charles Anderson 333 Continental Boulevard El Segundo, CA 90245 RE: Environmental Assessment No. EA-804 and Adjustment No. 08-03 A request to allow two five hundred four (504) square feet "Wall Signs" that exceed the maximum permitted signage for the south fagade of an existing parking structure. Address: 333 Continental Boulevard, El Segundo Dear Mr. Anderson: The purpose of this letter is to inform you that, in accordance with Chapter 15 -24 of the City of El Segundo Municipal Code, the Director of Planning and Building Safety Department APPROVED a request for two five hundred four (504) square -foot wall signs on the south fagade of an existing parking structure. The following are the findings and facts in support of each finding for this decision: FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA-804 Findina 1 The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15311 (a), as a Class 11 categorical exemption (on- premise signs). The project consists of the construction of minor structures (two on- premise signs) accessory to an existing commercial facility. 350 Main Street, El Segundo, CalNornin 90245-3813 Phone (310) 524 -2380 FAX (310) 322-4167 v t� $ Facts in Support of Finding 1 The proposed adjustment is to allow construction of two wall signs in accordance with ESMC Chapter 18. The adjustment is required since the signs exceed the maximum permitted area, which is five percent (5 %) of the building face. Adjustment No. 08-01 Findina 1 That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located. Facts in Support of Finding 1 The proposed adjustment would allow the construction of two wall signs exceeding the maximum permitted area for signage along the south side of an existing parking structure. ESMC §15- 18 -8(B) allows temporary or permanent wall signs that do not exceed 5% of each building face, provided that the signs are less than 500 square feet in area. Large signs greater than 500 square feet in area require City Council approval pursuant to ESMC §15- 18 -8(H). Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment. The Director of Planning and Building Safety can approve temporary and permanent signs in the Corporate Office (CO) Zone with a size up to five percent (5 %) of each building face. The proposed two wall signs are nine percent (9 %) of the southern parking structure's fagade and are greater than 500 square feet each. Consequently, they also require City Council approval. The new signs will not harm the neighboring properties, as the parking structure is currently located in a commercial district and has limited visibility from the street and surrounding properties. The signs are not illuminated and therefore do not create light or glare impacts on the surrounding properties. The two new signs will not create any new impacts that would not be normally associated with an existing commercial office use. The two wall signs will not create any impacts including noise, smoke, dust, fumes, vibration, odors, traffic or hazards. Finding 2 • That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property. Facts In Support of Finding 2 The applicant is requesting to install two new wall signs that are nine percent„ (9 %0) of the southern parking structure's fagade in excess of the maximum allowed 5 %. The east fagade of the parking structure facing Continental Boulevard is not visible from the 2 0 69 street, as it is blocked from view by the Mattel `office building. The south fagade of the parking structure has limited visibility from Grand Avenue, as it is partially blocked from view by a building (the Doubletree Hotel) and is approximately 288 feet from the street. Allowing the two signs together on the south fagade serves to identify the main entry to the parking structure and would also be enjoyed by visitors, including Mattel. A new 554.8 square -foot wall sign on the south fagade that is greater than the 500 square foot limit would require City Council approval based on a parking structure fagade area that is 11,096 square feet in size and would not exceed 5% of the building face. The existing location of the parking structure, the limited visibility of the parking structure and any signage on the structure from Grand Avenue and virtually no visibility from Continental Boulevard deprives the applicant of reasonable use and enjoyment of the property that similar properties enjoy. Allowing Mattel to construct a sign that would not be visible from the east side of the parking structure would not serve any purpose or benefit for Mattel. The two signs facing Grand Avenue would serve to identify the entry to the Mattel parking structure for visitors. Allowing Mattel to construct the two new on- premise signs on the same fagade and exceed the maximum 5% allowable area rather than limiting the wall signs to a single sign on the south fagade and a second sign on one of the other fagades that has no visibility from the entrance to the structure or any other public right -of -way would ensure the applicant's reasonable use and enjoyment of the property similar to other properties. Findina 3 • That the proposed adjustment is consistent with the legislative intent of the zoning regulations. Facts in Support of Finding 3 The wall signs would not be in conflict with the intent of the legislative zoning regulation's purpose to promote the health, safety and welfare of the community since the general public would not be harmed by installing two new wall signs. The two new signs are consistent with the intent of the ESMC regulations pertaining to signs in that the signs comply with the type and number of signs, and the aesthetic and location requirements. The ESMC sign regulations ensure that the sign area or size is proportionate to the building fagade and there is a maximum area of total signage. The two proposed signs are not illuminated and use high quality materials with attractive colorful graphics that visually frame the parking structure entrance. The visual impact of two new signs would not dramatically change the commercial character of the property or the neighborhood, as signage is permitted in the Corporate Office (CO) Zone. The surrounding land uses include: a hotel, commercial retail, and offices uses. The signs will be compatible and consistent with the surrounding uses. The wall signs will comply with the ESMC requirements and other applicable law including without limitation, the California Building Code and National Electrical Code, as adopted by the ESMC, at the time the signs are constructed and mounted for display. 3 DIRECTOR PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed adjustment for the two new wall signs greater than five hundred (500) square feet in area, subject to the following conditions: CONDITIONS OF APPROVAL 1. This adjustment does not become effective until seven days from its date or, if an appeal is filed, until a final determination is made. Moreover, the City Council will provide a final decision regarding the signs in accordance with the SSMC. 2. The adjustment becomes null and void if the privileges granted are thereunder not utilized within 180 days from the final determination. 3. The adjustment is subject to City Council approval of the two proposed signs exceeding 500 square feet each. 4. The wall signs must comply with the California Building Code. 5. No off - premise signs are allowed. Therefore, all commercial or non - commercial copy for the two signs are limited to on- premise uses. 6. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its February 12, 2009 meeting with the recommendation that the Planning Commission receive and file the determination and recommend that the City Council approve the signs. The matter is scheduled for City Council consideration on February 17, 2009. An appeal of this decision may be filed with the City Clerk within ten (10) calendar days filing a letter of appeal and the required fee for processing the appeal. If an appeal is filed, the item will be scheduled for a future public hearing (as required by the El Segundo Municipal Code). If you have any questions regarding this project, please contact Assistant Planner Maria Baldenegro at (310) 524 -2341. G arp+ "ter, Director D rtme :10f Planning and Building Safety RIPlanning & Building SafeWROJECTS\801- 82MEA -80AEA 804, ADJ 08-03, Approval LTR.Karl.doe 4 7 i cuy ofELS- INTER-DEPARTMENTAL CORRESPONDENCE HEARING DATE: January 21, 2009 TO: Greg Carpenter, Director of Planning and Building Safety Kimberly Christensen, AICP, Planning Manager FROM: Maria Baldenegro, Assistant Planner SUBJECT: Environmental Assessment No. 804 and Adjustment No. 08 -03 REQUEST: A request to install two five hundred four (504) square -foot permanent wall signs on the south facade of an existing parking structure LOCATION: 333 Continental Boulevard APPLICANT:. Charlie Anderson c/o Linda Bush Sosa PROPERTY OWNER: Mattel, Inc. REQUEST The applicant is requesting an adjustment to install two five hundred four (504) square -foot permanent wall signs on the south facade of an existing parking structure within the Corporate Office (CO) Zone at 333 Continental Boulevard. The proposed two signs total 1,008 square feet in area when combined or 9% of the building face and ESMC §15 -18 -8 (B) allows "Freestanding Building Signage" up to 5% of each building face. Additionally, large signs greaterthan 500 square feet in area require City Council approval pursuant to ESMC §15- 18 -8(H). Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment as allowed by ESMC § 15 -24 -1 (C). RECOMMENDATION Staff recommends that the Director of Planning and Building Safety approve Environmental Assessment No. 804 and Adjustment No. 08 -03, subject to the conditions contained within this report. SITE AND PROJECT DESCRIPTION The project site is an irregular shaped corner lot located at the northwest intersection of Continental Boulevard and Grand Avenue. The lot is approximately 175,982 square feet in size and is developed with corporate office buildings and a parking structure for Mattel, Inc. SURROUNDING AREA CHARACTERISTICS The surrounding properties adjacent to the project site contain a hotel, parking and various commercial office uses. The surrounding land uses are as follows: Land Uses Zone North: Parking Lot and Commercial office CO South: Hotel CO East: Commercial office CO West: Commercial office CO ENVIRONMENTAL ASSESSMENT The proposed sign adjustment application is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15311 (a) Class 11— On- premise signs. The project consists of the construction of minor structures (two on- premise signs) accessory to an existing commercial facility. ANALYSIS El Segundo Municipal Code (ESMC) §15- 18 -8(B) allows temporary or permanent "Freestanding Building Signs" up to 5% of each building face. The parking structure is 76' -0" high and 146' -0" wide totaling 11,096 square feet in area. Based on the dimensions provided, the maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area. The applicant is requesting (1,008) square feet of signage on the southern facade of a parking structure, or 9% of the building face. The combined total area proposed for the two new signs exceeds the maximum permitted area that can be approved administratively by code. Although the second sign could be placed on another faoade of the parking structure to remain below the maximum permitted 5% area limit, this faoade is the main entry to the parking structure and is the only facade visible from any street frontage. The east facade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. Permanent signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of a Sign Adjustment. Mattel, Inc. is considering retaining the proposed two signs on a permanent basis at the site in which case they willfile a request for a Sign Adjustment. GENERAL PLAN CONSISTENCY The proposed adjustment is consistent with the General Plan. Staff finds that allowing the adjustment will encourage the effective use of signs as a means of communication in the city; maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround; the proposed project is consistent with the purpose of the zone in that signs are allowed. The General Plan contains several relevant Goals, Objectives, and Policies in the Land Use Element. The two signs are consistent with Land Use Element Policy LU1 -5.2 in that the two signs comply 2 'i k, i with the quantity, quality and location requirements in the adopted comprehensive sign ordinance. The proposed use is consistent with Land Use Element Goal LU4 in that the two signs provide a means of communication for commercial uses that provide a stable tax base for the City. The surrounding land uses include: a hotel, and office uses. The proposed signs for the office use will be compatible with the surrounding uses. FINDINGS AND RECOMMENDATION Pursuant to ESMC Section 15 -24-4, the Director of Planning and Building Safety may approve, conditionally approve, or deny an adjustment if the three required findings can be made as follows: A. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located. The proposed adjustment would allow the installation of two wall signs greater than 500 square feet in area that exceed the maximum permitted area for signage along the south side of an existing parking structure. The El Segundo Municipal Code (ESMC) §15- 18 -8(B) allows temporary or permanent "Freestanding Building Signs" that do not exceed 5% of each building face, provided that the signs are less than 500 square feet in area. Large signs greater than 500 square feet in area require City Council approval pursuant to ESMC §15- 18-8 (H). Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment. Temporary and permanent signs are permitted in the Corporate Office (CO) Zone up to five percent (5 %) of each building face can be administratively approved. The proposed two wall signs are 9% of thesouthern parking structure's fagade and are greater than 500 square feet each, which also require final City CoLncil approval. The new signs will not negatively impact the neighboring properties, as the parking structure is currently located in a commercial district. B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property. The applicant is requesting approval to install two new wall signs that are nine percent (9 %) of the southern parking structure's fagade and will also exceed the 500 square -foot limit for signage. The El Segundo Municipal Code (ESMC) §15- 18 -8(B) allows temporary or permanent "Freestanding Building Signs" that do not exceed 5% of each building face, provided that the signs are less than 500 square feet in area. Large signs greater than 500 square feet in area require City Council approval pursuant to ESMC §15- 18 -8(H). Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment. The parking structure is 76' -0" high and 146' -0" wide totaling 11,096 square feet in area. Based on the dimensions provided, the maximum signage area permitted for the south elevation of the freestanding parking structure would be 554.8 square feet of area. The combined total area proposed for the two new wall signs exceed the maximum permitted area that can be approved administratively by code and also requires City Council approval. Although the second sign could be placed on another fagade of the parking structure to remain below the maximum permitted 5% area limit, this fagade is the main entry to the parking structure and is the only fagade visible from any street frontage. The east facade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked by the main corporate office building for Mattel. 3 L74 C. That the proposed adjustment is consistent with the legislative intent of the Zoning Code. The wall signs would not be in conflict with the intent of the Zoning Code's purpose to promote the health, safety and welfare of the community since no detrimental effects will occur to the general public by installing two new wall signs greater than 500 square feet in area. Therefore, Planning and Building Safety staff recommends approval of the request to install two five hundred four (504) square -foot permanent wall signs on the south facade of an existing parking structure subject property subject to the conditions of approval outlined below. CONDITIONS OF APPROVAL 1. The adjustment will not become effective until seven days from the granting thereof has elapsed or, if an appeal is filed or review called, until final determination has been made of the appeal or review. 2. The adjustment shall become null and void if the privileges granted thereunder have not been utilized within 180 days. 3. The wall signs must comply with the California Building Code and must be structurally engineered. 4. No off - premise signs are allowed. Therefore, all commercial or non - commercial copyforthe two signs must be limited to on- premise uses. 5. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. EXHIBITS A. Application B. Site Plan and Sign Elevation PAPlanning & Building SafetpROJECTS\801- 825\EA- 804 \EA -804. Hearing SR.doc 4 ( . 2008 City of El Segundo- Planning and Building Safety 350 Main Street El Segundo, CA 90245 (310) 524 -2344; FAX: (310) 322 -4167 www.elsegundo.org APPLICATION FOR AN ADJUSTMENT Environmental Assessment No: Adj. No: Z)6 -D,3 Applicant: OkAg 1,95 GYQa1\J me (print or type) 33 g a hA I I V 3 iris AddressC- City /St2i Check One: Owner i Lessee El Property Owner: tf" Name (pr' 1631 Add-re CL nJ o CA Ida .5— City /St/Zip Date: d vd 3( K3, Pho Fax ArdtwX=) e MATit�. Email n Signature Agent 11 r c �15a x137 310 o'W - 3009 Phone Ic Fax A vv mail Representative of applicant: (i.e., attorney, expeditor, etc.) bK; A'&,sL &sA Cnv►n A''M<T1jP•; Name (print or type) I J -5-1144 FIAS S�o,�1 S° Address rg—h ature 5,x 2 wo- Ye4 E2 (/10 -36A Phone --'Fax )W A - ,S0SA-C- M� J , (001 Email I I rte. ) n C') City /St2ip'--' `--- " �gnature EA -804; ADJ 08 -03 LI t i 333 Continental Blvd. Architect/Engineer: CAM �P---s C60 —!��)q�— Name (print or type) 3"0 c,. \W'\r - Ouz, (nc-) Addres to '70010 City /SVZI Property situated at: Phone Email Signature (Exact legal description. Provide attachment, if necessary). General location: between Address (Street/Avenue) Zoning: General Plan Land Use Designation: (Street/Avenue) Fax Request: Request: Under the provisions of Title 15, Section 24 -1 of the Municipal Code, application for consideration of an Adjustment for the above described property. Explain in detail why the strict interpretation of this title would result in the unreasonable deprivation of these or enjoyment of this property and attach all supporting documents, plans, sketches, drawings, and photographs necessary to illustrate the proposal as fully as possible. (Attach extra sheets, if necessary). � Ae)(ceeJ SVIJ4 4-eA 5 )AAf\)3 I Sew i's-I I e t Ke 4�) JSA -N A L 5 L vf- tk ,e,b�e. j Grp n,,-'k, (PILIrLV-*'A ilsvr4' f' 511 V I - o (--wen fe.44'r . EA_B04; ADJ 08 -03 2 333 Continentol 51"" 07 7 NOTE: Separate Affidavits Tr ust be submitted if there are multiple�wners. OWNER'S AFFIDAVIT I, We �)Wn �315n&Y-5 being duly sworn depose and say that I /we the OWNER of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all respects true nd correct to the be t f my /our knowledge and belief. 12- )/0/0;--*" Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. On his day of in and for said County and State, personally ap known to me to be the person whose name _ instrument, and acknowledged to me t e /sF WITNESS my hand and ,20,E , before me, the undersigned Notary Public executed the same. Sze-- $Mcaa -P-A subscribe to the within Notary Public in and for said County and State EA -804; ADJ 08 -03 ' 333 Continental Blvd. AGENT AUTHORIZATION I hereby authorize Ll w>r ,Sl -- _S 65 to act for me in all matters relevant to this application. I understand that this person will be the primary contact on the project and will be sent all information and correspondence. —1-24 )IJe Owner's"Se'ignatbre Oate AGENT AFFIDAVIT I, We _ L i bk,sk _ Ste`- the undersigned, depose and say that I am/ We are) the AGENT(S) of the property involved in this application and that I(We) have familiarized myself ourselves with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information o all documents and all plans, attached hereto are in respects true and correct to the best of my /our knowledge and belief. (0 )o ate 4 EA -804; AOJ 08 -03 333 Continental Blvd. Cf7{i CALIFORNIA • ACKNOWLEDGMENT c> c ..... >> _ . s :c% z , c . %.e State of California County of Los Av,ules On 12 -to -08 before me, i2 a%,o o�Qru 010[i Date Here Insert Name arld Title of the Office ' personally appeared n viol Name(s) of Signer(s) Eas"a MARNIE LYNN BRAVO Commission *-18-11-33-3 otary Public - California Los Angeles County Le.-Un"CMI11111. es 24 t who proved to me on the basis of satisfactory evidence to be the person(e) whose name(4) is /ai:e- subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/her hei- authorized capacity(4w4F and that by his/heWtheir signature(.$) on the instrument the person(&}, or the entity upon behalf of which the person(•&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my had and offici I seal. Signature Place Notary Seal Above Signa r of Nota ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (�` 1 Title or Type of Document: l�C e–ylls i`" , k", T Document Date: 12- - 1C. O S Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: --- e- ... Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER •. of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER EA -804; ADJ 08 -03 k- 333 Continental Blvd. Mattel, Inc. - ar 2 2008, ,<• �1 r E 12/1/2008 �iV`�- It To whom it may concern, 333 Continental Boulevard El Segundo, California 90245 -5012 Phone: 1 (310) 252 -2000 Fax: 1 (310) 252 -2179 www.mattel.com Mattel, Inc. is seeking an adjustment for our currently permitted, (2) Temporary Special Event Signs hanging on the south side of the parking structure that services 333 Continental Blvd, our corporate headquarters. These banners help us achieve a number of goals: 1. Directly reinforces our corporate focus /message to our Domestic and International Partners, Buyers, Guests, and Employees. 2. Adds color and life to an otherwise dull concrete structure, a major visual element view of any of our guests traveling on Grand Ave, or staying at the Doubletree Hotel. 3. Helps to beautify /promote Mattel's home; El Segundo (our neighbors have already chimed in with their appreciation of these graphic elements) The location of these banners has been dictated by what our customers can actually see from their traffic patterns during our Events. The south facing side of the structure is the only side with a clear view to see a graphic of that size (other sides are either obstructed or irrelevant). The current process is not conducive to Mattel's decision making timelines when it comes to permitting /council approvals for our Major Events of the year. Often the "message" of the show is developed fairly close to an event, and it is only through the diligence of the combined efforts of Mattel and El Segundo Planning department that gets these "banners permitted in time, too often just under the wire and after great stress. And so, at the suggestion of El Segundo Planning and Building Safety, we are seeking this adjustment to make the process smoother on a yearly basis, as the theme changes each Toy Fair. Bards, 1 Charlie Anderson Mattel, Inc. Manager, World Wide Trade Show Services 310.252.3917 ® MAT- 3298 -A EA -804; ADJ 08 -03 �' i 333 Continental Blvd. 94Zo6 tlO opun e5 �3 gDOZ VAON OZ'lOt enuontlpuwE)1993 996E :080APPV yO lopun6eS 13 woo•lallewoumspue•elpe4O'llRw3 eny PueJO IS63 996 ZSL£'ZSZ-DL£�xy LWE-Z9Z-DW'ue4d NOS*d30NV 311WHO :*WIN 6ulpling 013W : No11WR10dNl lotllNOO :3nN3A ?13NNVS 3NMOM1 IS ONI Wd 1311VW sivii w ans Aio 60JIS3 W, "Mlii C m fn a- • ooi �3 yio =r o G � re X ui J Q w° J LU U3 3� > I Z O N En U LL 0� LIJ Q O O W c a CL > Z F_ OZ 0 N \ Wo J Z Q aNC��Y/L?a^ W x�o � °�W o Z O W w > _j aaXW H W W = W = N }< w WU)mZ~Z0 �2 co f-0�0 —� IX CC W Z z Xo co 4 LL F„ z z� W U Z W 0 (3 Z= 0 w g 0OW20wZC/) co �N � H OCWC7 UwUa!Z X�Owo Ir �? aza!0�F=..c� aW§ W<F-U aZa v ZO- aa >y JCL w m 0 4 T_-_ <w < LL O O C O C 0 W O w (L a Q Z O H w J w 2 F- M O 00 O oi N oi w U) W J Q m V O H W OC W z Z a m W OC H V H y Z CL J W Q z® z o a z0i a ;0O U. m_336l- H IL LL w Z0 cm we J Q U3 V O CU O O N w c LLJ � N \ Wo aU Z Q w o Z O W _ }< w g o cl Z z z Xo co °0 ci w O v L) O 00 O oi N oi w U) W J Q m V O H W OC W z Z a m W OC H V H y Z CL J W Q z® z o a z0i a ;0O U. m_336l- H IL LL w Z0 cm we anua^y � 3 SS8L =Soppy 600Z VAON-OZ'M Ndld 31 I woo•IglawDuoswpue•alpego:Oew3 Vo 'opun6aS la ZBLE ZSZ�6e ni. uee zsZ OLe:o+a4a �Q I�nuo0 EEC N1O a :awe* S3NNYS O3SOdoNd eo .0 o 10 1 o :NOWi0dN11�NpD anNa 60d1S C cd .. p O 00 � C � pO O r 60 LLI 0 0 W a a W fY 3Ad ONVUE) G''83 Z a W V1 W Z Z Q m G W Q) O CL O m, IL M 0 `L v+ W R City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE DATE: February 17, 2009 TO: City Council FROM: Jack Wayt, City Manager By: Greg Carpenter, Dire o , Planning and Building Safety Kimberly Christensen, AICP, Planning Manager 1/0 SUBJECT: City Council Meeting — 2/17/09 Council Agenda Item No. 6 (Consent Calendar) Supplemental Information Concerning Two Proposed Signs at 333 Continental Boulevard BACKGROUND AND DISCUSSION: I. Background The Planning Commission reviewed the Sign Adjustment at their meeting on February 12, 2009. After their deliberations, the Planning Commission approved the Sign Adjustment subject to the addition of a condition of approval to the Planning and Building Safety Director's decision. The new condition prohibits any other signs from being mounted to the three other sides (the exterior walls) of the parking structure. Although the Commission approved the Sign Adjustment for this proposed project because of the specific facts and findings related to the request, some Commissioners expressed a concern more generally about the potential for the proliferation of large signs and asked staff to convey this to the City Council. IV. Conclusion Planning staff recommends that the City Council approve the proposed two, permanent, five hundred four (504) square -foot wall signs to be placed on the southern fagade of the parking structure at 333 Continental Boulevard, subject to the Sign Adjustment conditions as revised. PAPlanning & Building Safety\ PROJECTS \801 - 825 \EA- 804\2009.EA- 804.CC SR.supplementalmoe.doc �� a Elected Officials: Kelly McDowell, Mayor Eric K. Busch, Mayor Pro Tom Carl Jacobson, Council Member Bill Fisher, Council Member Don Brann, Council Member Cindy Mortesen, city Clerk Ralph Lenphers, City Treasurer Appointed Officials: Jack Wayt, Chy Manager Mar* D. Hensley, Chy Attorney Department Directors: Bill Crowe, Assistant City Manager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fire Chief Debra Brighton, Library Services Greg Carpenter, Planning and Building Safety David Cummings, Police Chief Dana Greenwood, Public Works Robert Cummings, Recreation 6 Parks www.elsegundo.org z [IFF Planning & Building Safety Department February 17, 2009 Charles Anderson 333 Continental Boulevard El Segundo, CA 90245 RE: Revised Decision: Environmental Assessment No. EA- 804 and Adiustment No. 08 -03 A request to allow two five hundred four (504) square feet "Wall Signs" that exceed the maximum permitted signage for the south facade of an existing parking structure. Address: 333 Continental Boulevard, El Segundo Dear Mr. Anderson: The purpose of this letter is to inform you that, in accordance with Chapter 15 -24 of the City of El Segundo Municipal Code, the Director of Planning and Building Safety Department APPROVED a request for two five hundred four (504) square -foot wall signs on the south facade of an existing parking structure. The following are the findings and facts in support of each finding for this decision: FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -804 Finding 1 • The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15311 (a), as a Class 11 categorical exemption (on- premise signs). The project consists of the construction of minor structures (two on- premise signs) accessory to an existing commercial facility. 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 Facts in Support of Finding 1 The proposed adjustment is to allow construction of two wall signs in accordance with ESMC Chapter 18. The adjustment is required since the signs exceed the maximum permitted area, which is five percent (5 %) of the building face. Adjustment No. 08 -01 Finding 1 • That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located. Facts in Support of Finding 1 The proposed adjustment would allow the construction of two wall signs exceeding the maximum permitted area for signage along the south side of an existing parking structure. ESMC §15- 18 -8(B) allows temporary or permanent wall signs that do not exceed 5% of each building face, provided that the signs are less than 500 square feet in area. Large signs greater than 500 square feet in area require City Council approval pursuant to ESMC §15- 18 -8(H). Signs which exceed standards set forth in ESMC Chapter 15 -18 require the approval of an Adjustment. The Director of Planning and Building Safety can approve temporary and permanent signs in the Corporate Office (CO) Zone with a size up to five percent (5 %) of each building face. The proposed two wall signs are nine percent (9 %) of the southern parking structure's fagade and are greater than 500 square feet each. Consequently, they also require City Council approval. The new signs will not harm the neighboring properties, as the parking structure is currently located in a commercial district and has limited visibility from the street and surrounding properties. The signs are not illuminated and therefore do not create light or glare impacts on the surrounding properties. The two new signs will not create any new impacts that would not be normally associated with an existing commercial office use. The two wall signs will not create any impacts including noise, smoke, dust, fumes, vibration, odors, traffic or hazards. Finding 2 • That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property. Facts in Support of Finding 2 The applicant is requesting to install two new wall signs that are nine percent (9 %) of the southern parking structure's fagade in excess of the maximum allowed 5 %. The east fagade of the parking structure facing Continental Boulevard is not visible from the street, as it is blocked from view by the Mattel office building. The south fagade of the 2 parking structure has limited visibility from Grand Avenue, as it is partially blocked from view by a building (the Doubletree Hotel) and is approximately 288 feet from the street. Allowing the two signs together on the south fagade serves to identify the main entry to the parking structure and would also be enjoyed by visitors, including Mattel. A new 554.8 square -foot wall sign on the south fagade that is greater than the 500 square -foot limit would require City Council approval based on a parking structure fagade area that is 11,096 square feet in size and would not exceed 5% of the building face. The existing location of the parking structure, the limited visibility of the parking structure and any signage on the structure from Grand Avenue and virtually no visibility from Continental Boulevard deprives the applicant of reasonable use and enjoyment of the property that similar properties enjoy. Allowing Mattel to construct a sign that would not be visible from the east side of the parking structure would not serve any purpose or benefit for Mattel. The two signs facing Grand Avenue would serve to identify the entry to the Mattel parking structure for visitors. Allowing Mattel to construct the two new on- premise signs on the same fagade and exceed the maximum 5% allowable area rather than limiting the wall signs to a single sign on the south fagade and a second sign on one of the other fagades that has no visibility from the entrance to the structure or any other public right -of -way would ensure the applicant's reasonable use and enjoyment of the property similar to other properties. Finding 3 • That the proposed adjustment is consistent with the legislative intent of the zoning regulations. Facts in Support of Finding 3 The wall signs would not be in conflict with the intent of the legislative zoning regulation's purpose to promote the health, safety and welfare of the community since the general public would not be harmed by installing two new wall signs. The two new signs are consistent with the intent of the ESMC regulations pertaining to signs in that the signs comply with the type and number of signs, and the aesthetic and location requirements. The ESMC sign regulations ensure that the sign area or size is proportionate to the building fagade and there is a maximum area of total signage. The two proposed signs are not illuminated and use high quality materials with attractive colorful graphics that visually frame the parking structure entrance. The visual impact of two new signs would not dramatically change the commercial character of the property or the neighborhood, as signage is permitted in the Corporate Office (CO) Zone. The surrounding land uses include: a hotel, commercial retail, and offices uses. The signs will be compatible and consistent with the surrounding uses. The wall signs will comply with the ESMC requirements and other applicable law including without limitation, the California Building Code and National Electrical Code, as adopted by the ESMC, at the time the signs are constructed and mounted for display. DIRECTOR PLANNING AND BUILDING SAFETY DEPARTMENT ACTION 3 Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed adjustment for the two new wall signs greater than five hundred (500) square feet in area, subject to the following conditions: CONDITIONS OF APPROVAL 1. This adjustment does not become effective until seven days from its date or, if an appeal is filed, until a final determination is made. Moreover, the City Council will provide a final decision regarding the signs in accordance with the ESMC. 2. The adjustment becomes null and void if the privileges granted are thereunder not utilized within 180 days from the final determination. 3. The adjustment is subject to City Council approval of the two proposed signs exceeding 500 square feet each. 4. The wall signs must comply with the California Building Code. 5. No off - premise signs are allowed. Therefore, all commercial or non - commercial copy for the two signs are limited to on- premise uses. 6. No signs will be permitted on the other three sides of the parking structure. 7. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its February 12, 2009 meeting with the recommendation that the Planning Commission receive and file the determination and recommend that the City Council approve the signs. The matter is scheduled for City Council consideration on February 17, 2009. An appeal of this decision may be filed with the City Clerk within ten (10) calendar days filing a letter of appeal and the required fee for processing the appeal. If an appeal is filed, the item will be scheduled for a future public hearing (as required by the El Segundo Municipal Code). If you have any questions regarding this project, please contact Assistant Planner Maria Baldenegro at (310) 524 -2341. S3 giy, , Greq,Orpentk Direc or DepbAment of Planning and Building Safety P:\Planning & Building Safety \PROJECTS \801 - 825 \EA - 804 \EA 804, ADJ 08 -03, Approval LTR.Karl.doc 4 D� � EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a Resolution of the City Council authorizing the City's membership in the Los Angeles Regional Interoperable Communications System Joint Powers Agreement. (Fiscal Impact: None at this time.) RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution authorizing the City's membership in the Los Angeles Regional Interoperable Communications System (LA -RICS) Joint Powers Agreement (JPA) authorizing the City's membership in LA -RICS. 2. Authorize the Mayor to execute the JPA. 3. Direct staff to report back on the status of LA -RICS before the adoption of the funding plan with a recommendation on whether to continue the City's membership in the JPA at that time. 4. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: None at this time. Amount Budgeted: $.00 Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Max Phipps, Captain REVIEWED BY: David Cummings, Chief of Police APPROVED BY: Jack Wayt, City Mana BACKGROUND AND DISCUSSION: Background & Purpose - Following the events of September 11, 2001, the National 9 -11 Commission, in its report to Congress and the President, identified a very serious weakness in various metropolitan areas' ability to respond to regional crises and disaster -type events: the lack of interoperable communications. As a result, a steering committee was created to further the creation of a Los Angeles Regional Interoperable Communications System (LA -RICS) for the purpose of developing and implementing a modern, integrated wireless voice and data PrA x:84 communications system that will support the communication needs of the more than 34,000 first responders and local mission - critical personnel within the Los Angeles county region. The idea behind the project is to have a county -wide public safety communications system that allows for improved communications among the various public safety agencies that operate in the region. While ad hoc and other significant, locally designed systems (such as the Interagency Communications Interoperability System or "ICIS ") provide some interagency communications, a true county -wide system does not exist. A major concern is that in the event of a significant disaster or calamity, when inter - agency communication is most needed, the current system(s) will not allow for sufficient coordination between the various law enforcement and fire departments that operate in the County. Joint Powers Agreement - For the past two and one -half years, the LA -RICS Steering Committee, consisting of county -wide principal stakeholders, including city manager representatives from the California Contract Cities and Independent Cities Associations, has been meeting to review the technical and governance issues associated with maintaining and operating such a system for the benefit of all communities in Los Angeles County. Recently, the LA -RICS Steering Committee drafted and is now recommending a Joint Powers Agreement (JPA) that will form the LA -RICS Authority, including the establishment of a Board of Directors to oversee LA -RICS operations. On December 16, 2008, the Los Angeles City Council approved the JPA, and the Los Angeles County Board of Supervisors approved it on February 2, 2009. The JPA approval process requires that cities wishing to become "Member Cities" must approve the JPA document within 45 days following both the County's and City of Los Angeles' execution of the JPA. JPA Keypoints Under the JPA, the Authority will possess the following powers related to LA -RICS: • To make and enter into contracts, including but not limited to, agreements for the purpose of acquiring real and/or personal property, equipment, employment contracts and professional services agreements; • To make and enter into contracts with subscribing agencies who desire to utilize the system for their primary radio communications or affiliates who desire to utilize the system only for mutual and/or automatic aid; • To acquire, construct, maintain, and operate a telecommunications systems or service and to provide the equipment necessary to deliver public services thereby; • To acquire, construct, manage, maintain or operate any building, works or improvements; • To acquire, hold, lease, or dispose of property; • To sue and be sued in its own name; 085 • To apply for, receive and utilize grants and loans from federal, state or local governments or from any other available source in order to pursue the purposes of the Authority; • To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members; • To invest any money in the treasury, which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; and • To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement. Funding Plan - In order to encourage maximum participation by all cities in Los Angeles county, the JPA is set up so that no financial commitments will be required of participating Member Cities until such time that the newly established Board of Directors adopts a funding plan identifying short and long term capital and operations and maintenance requirements. It is anticipated that the funding plan will be developed within nine months following the Authority's establishment. All of the Authority's members will have the opportunity to participate in the development of the funding plan and to identify and assess members' various abilities to contribute resources, including financial, staffing, equipment, infrastructure or other contributions. If, at any time prior to the adoption of the funding plan, a Member agency determines it cannot contribute the identified resources or that it would not be in its best interests to continue participating in the system, that agency may terminate its, membership without financial contribution or penalty. While initial estimates indicate that LA -RICS will cost between $485 million and $630 million, the actual cost to implement LA -RIGS will not be known until a Request for Proposal (RFP) for the build -out of the system is released and bids are received. To the fullest extent possible, grant funding will be sought to fund this project; in fact, the regional stakeholders have agreed that 60 percent of all Urban Area Security Initiative (UASI) grant funding for the region will be dedicated to LA -RICS. Thus far, the Steering Committee has spent over $9 million in City and County funds toward the development of the LA -RICS system. Nonetheless, despite the expected availability of future UASI and other grants, undoubtedly, additional financial resources will be needed to complete funding of LA -RICS. Member agencies will be able to take part in the development of the funding plan, which will give them the opportunity, as stated above, to terminate its membership without financial contribution or penalty if such Member agency determines it cannot contribute the identified resources. Governance Structure - As per the JPA, the composition of the Governing Board of Directors, none of whom shall be elected officials (other than the Sheriff), shall be as follows: 1. The City of Los Angeles City Administrative Officer 2. The City of Los Angeles Fire Chief 3. The City of Los Angeles Police Chief 4. The City of Los Angeles Chief Legislative Analyst 5. The County of Los Angeles Chief Executive Officer 6. The County of Los Angeles Fire Chief 7. The Sheriff of Los Angeles County 8. The County of Los Angeles Department of Health Services Director 9. The Los Angeles Unified School District Police Chief 10. The City of Long Beach 11. The Los Angeles Area Fire Chiefs Association 12. The Los Angeles County Police Chiefs Association 13. The California Contract Cities Association 14. At -Large Member City 15. At -Large Member City 16. At -Large Member City 17. At -Large Member City Within fifteen days of the effective date of the JPA, At -Large Directors and Alternate Directors shall be selected by a majority vote of the Member Cities (excluding the cities of Los Angeles and Long Beach) at a special "selection meeting" to be convened. The At -Large Directors shall be selected as follows: • One At -Large Director (and one Alternate Director) must represent a Member City that operates both independent police and fire departments; • Two At -Large Directors (and two Alternates) must represent Member Cities that operate an independent police department and/or an independent fire department; and • One At -Large Director (and one Alternate Director) must represent a Member City not otherwise represented on the Board. Staff recommends the City Council adopt the attached Resolution that: (1) approves the Los Angeles Regional Interoperable Communications System Joint Powers Agreement thus authorizing the City's membership in the LA -RICS Authority; and (2) authorizes the Mayor to execute the JPA Agreement. In addition, it is recommended that the staff be directed to report back on the status of the LA -RICS Authority prior to the adoption of the funding plan with a recommendation whether to continue the City's membership in the JPA at that time. i RESOLUTION NO. A RESOLUTION APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA -RICS) JOINT POWERS AGREEMENT; AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA -RICS AUTHORITY; AND AUTHORIZING THE MAYOR TO EXECUTE THAT AGREEMENT. The City Council of the city of El Segundo resolves as follows: SECTION 1: The City Council finds and declares that: A. There is a regional need for a an interoperable public safety communications system to better respond to regional crises and disaster -type events; B. Acting independently, the City cannot construct such a communications network providing these capabilities; C. A Joint Powers Agreement (JPA), intended to create an Authority to coordinate a county -wide radio communications system for law enforcement and fire communications, was cooperatively drafted; and D. The City Council believes that it is in the public interest to become a member of the Los Angeles Regional Interoperable Communication System (LA -RICS) Authority created by the JPA. SECTION 2: Pursuant to Government Code §§ 6500 -6515, the City Council approves the Los Angeles Regional Interoperable Communications System Authority ( "LA -RICS Authority ") Joint Powers Agreement ( "JPA ") which is attached as Exhibit "A" and incorporated by reference. Consequently, the City Council authorizes the City's membership in the LA -RICS Authority. SECTION 3: The Mayor is authorized to execute the JPA on the City's behalf. The City Manager, or designee, is authorized to implement the JPA as required. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. -1- M PASSED, APPROVED AND ADOPTED this day of February, 2009 Kelly McDowell, Mayor ATTEST: I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of February, 2009, 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 Karl H. Berger, Assistant City Attorney -2- 089 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt, and waive second reading, of Ordinance No. 1426 amending the parking time limits within the Parking Structure located at 121 West Grand Avenue. (Fiscal Impact: $0) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt an ordinance amending El Segundo Municipal Code ( "ESMC ") section 8 -5E -5; and 2. Alternatively, take such additional, related, action that may be desirable. ATTACHED SUPPORTING DOCUMENTS: Draft ordinance amending ESMC section 8 -5E -5; FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): ORIGINATED BY: City Council REVIEWED BY: Mark D. Hensley, City Attorney APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: On February 3, 2009, the City Council introduced an Ordinance amending the parking time limits within the Parking Structure located at 121 West Grand Avenue . Additionally, the Council adopted a resolution authorizing the City Manager to designate certain parking stalls in the garage for purposes of permit parking. In 2003, the City Council approved regulations affecting the Parking Structure located at 121 West Grand Avenue. Among other things, the City Council adopted a permit parking program which assisted downtown businesses in meeting parking requirements set forth in the ESMC. To continue assisting local businesses and make for street parking available, particularly in these times of economic downturn, the Downtown Parking Subcommittee is recommending amending current regulations affecting the Parking Structure. The Subcommittee noted that encouraging employees of surrounding businesses to use the Parking Structure, rather than parking on City streets, would increase parking within the downtown area and consequently attract more visitors. Accordingly, the Subcommittee directed that the two hour parking time limitations within the Parking Structure be removed during the day, but be imposed between 6 p.m. and 8 a.m. The City Council at the February 3, 2009 Council Meeting amended the proposed Ordinance to remove the two hour limitation between 6 p.m. and 12 a.m. The latter restrictions would discourage overnight use of the Parking Structure while allowing enough time for employees and patrons of downtown businesses to utilize the parking without receiving parking citations. C91 ORDINANCE NO. 1426 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 8 -5E -5 REGULATING PARKING TIME RESTRICTIONS WITHIN SPECIFIED AREAS. The city council of the city of El Segundo does ordain as follows: SECTION 1: ESMC § 8- 5E -5(A) is amended to read as follows: "8 -5E -5 Parking Prohibited; Exceptions. A. Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any vehicle on any street or structure in a specified area for more than two (2) hours between 12:00 a.m. and 8:00 a.m. Monday through Fridays, inclusive, holidays excepted. B. Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any vehicle on any street or structure in a specified area designated as "permit only" parking. C. Exceptions. This section does not apply: To any person parking in a permit stall who possesses a valid parking permit issued pursuant to this article; 2. To any person holding a valid handicap permit issued pursuant to this code or the California Vehicle Code; or 3. To any public emergency vehicle." SECTION 2: 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 3: 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. Page 1 of 2 SECTION 4: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2009. ATTEST: Kelly McDowell, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 200, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk A APPROVED A Y/ fO, Mark D. Hen 'y, t By: Page 2 of 2 ger, i or y i nt City Attorney 4! 1 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution required by a four -fifths vote to authorize a no -bid public works contract for the emergency repair of a 24 -inch diameter storm drain at Vista Del Mar (Fiscal Impact: $69,000.00) RECOMMENDED COUNCIL ACTION: 1. Adopt a Resolution by four -fifths vote to authorize a no -bid public works contract for emergency repairs. 2. Authorize the City Manager to award a contract to Sequel Contractors for the bid amount of $60,000 to remove and replace a 24" corrugated metal storm drain line and damaged asphalt. 3. Approve a project budget of $69,000 which includes a 15% contingency; 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Budget Adjustment Required Amount Requested: $69,000.00 Additional Appropriation: Yes Account Number(s): 001 - 400 - 4302 -6206 ORIGINATED BY: Maryam M. Jonas, Principal Engineer REVIEWED BY: Dana Greenwood, Public W ,Qr4pirector APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: On February 6, 2009, the Public Works Department was notified about a street settlement at Vista Del Mar. Upon inspection, it was apparent that the failure of a 24 -inch diameter storm drain line caused the settlement. The recent rain storms have exasperated the problem which now requires emergency repair. Using emergency procedures, Sequel contractors, Inc. was hired to repair the broken pipe and replace the portion of the asphalt damaged by the failure of the pipe. The work performed by the Sequel Contractors, Inc. included removal of the damaged asphalt, replacement of the 24 "correguated metal pipe, compaction of the soil, installation of new pavement and traffic control. r Presently, there is no allocation of funds for the replacement of the storm drain mains or laterals. Funds will be allocated from the general fund reserve. u 9 ;3 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS CODE § 20168 FINDING THAT AN EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO § 22050. The City Council does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may, upon a four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. B. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. C. On February 6, 2009, a breakage of a 24 -inch storm drain pipeline occurred on Vista Del Mar causing flooding, extensive pavement damage and closure of Vista Del Mar between Grand Avenue and 45th Street. D. In compliance with applicable law, and to protect public, health, safety and welfare, the City took immediate emergency action to repair the broken water pipeline and street pavement in accordance with El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12. E. The broken water pipeline and consequent flooding constituted a sudden, unexpected occurrence that posed a clear and imminent danger to the City property, its citizens, and employees. This threat required immediate action to prevent or mitigate the loss or impairment of essential public services. F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services. SECTION 2: In light of the emergency described above, the City Council directs the City Manager, or designee, to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050. SECTION 3: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. Resolution No. Page 1 of 2 L9 PASSED AND ADOPTED this day of , 2009. APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Kelly McDowell, Mayor Resolution No. Page 2 of 2 095 CERTIFICATION 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 the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of , 2009. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Resolution No. Page 3 of 2 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration of whether to deny a request to amend Development Agreement No. 00 -2 (the "DA "), adopted March 20, 2001 between the City of El Segundo and W9 /SEP Real Estate Limited Partnership affecting the property located at the southeast corner of Sepulveda Boulevard and Walnut Avenue, commonly known as 888 North Sepulveda Boulevard, 892 North Sepulveda Boulevard, and 898 North Sepulveda Boulevard (collectively, the "Site "). Applicant: Trammell Crow Company. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Consider whether to deny a request by the Trammell Crow Company to amend Development Agreement No. 00 -2 which allows construction of a six (6) -story, 120,610 square -foot building; or 2. Alternatively, receive and file this report. If the City Council does not deny the request, the applicant may submit a full application, including, without limitation, environmental documentation to comply with the requirements of the California Environmental Quality Act ( "CEQA "), a Development Agreement Amendment, and a Conditional Use Permit; or 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Planning Commission Staff Report and Attachments 2. Development Agreement No. 00 -2 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager 4� , REVIEWED BY: Greg Carpenter, Director of lanning & Building Safety/ v APPROVED BY: Jack Wayt, City Manag BACKGROUND AND DISCUSSION: I. Background and Analysis The Site is comprised of two parcels. Parcel 1 (.42 acres) is improved with an existing eight (8)- story, eighty -five thousand (87,166) square foot building located at 898 North Sepulveda Boulevard. Parcel 2 (2.55 acres) was previously developed with a twelve (12) -story, one hundred forty thousand (140,000) square -foot office building located at 888 North Sepulveda Boulevard 10 097 that was demolished in 2003. Parcel 2 is also developed with an existing 7 -story parking structure (824 parking spaces) located at 892 North Sepulveda Boulevard. On November 9, 1994 the Director of Planning and Building Safety approved Environmental Assessment EA- 356 /Administrative Use Permit 94 -6 for the use of a portion of an existing parking garage for long -term 24 -hour public airport parking as an interim use until such time that the existing two office buildings, which were vacant at that time, were leased. On November 17, 1994, the Planning Commission received and filed the Director's determination for EA356 /AUP 94 -6. Since that time, a portion of the garage continues to be used for airport- related parking. On March 20, 2001, the City Council adopted Ordinance No. 1331 approving Development Agreement No. 00 -2 (the "DA "). The DA is between the City of El Segundo and W9 /SEP Real Estate Limited Partnership (Legacy Partners) and provides for the following: • Demolition of an existing 12- story, 140,000 square foot vacant office building and the development of a new 6- story, 120,610 square foot office building under a floor area ratio (FAR) of 1.086:1 at 888 North Sepulveda Boulevard. • The long -term 24 -hour public airport parking business located at 892 North Sepulveda Boulevard which was approved in 1994 as an interim use under EA- 356 /Administrative Use Permit 94 -6 must be permanently discontinued upon the City issuing a Certificate of Occupancy for the first tenant improvements associated with the new office building allowed by the DA. • Requirement that the applicant pay one - hundred fifty thousand dollars ($150,000) to the City for the cost of landscaping, median, visual, and other improvements to Sepulveda Boulevard in the vicinity of the Site. It is at the City's sole discretion as to which improvements the contribution are applied. The payment must be made before to the City issues a Certificate of Occupancy for the first tenant improvement associated with the new office building allowed by the DA. • The DA will expire on March 20, 2011. In 2003, the 12- story, 140,000 square foot vacant office building located at 888 North Sepulveda Boulevard was demolished pursuant to the DA. On December 21, 2006 Trammell Crow purchased the Site and the rights to develop the Site under all the previous agreements. On March 19, 2008, Trammell Crow submitted Environmental Assessment No. 791 and Conditional Use Permit Application (CUP 08 -02) for the development of an approximately 88,859 square -foot, 9- story, 179 room hotel. The applicant was advised that an amendment to the DA would be required. On November 24, 2008, Trammell Crow submitted a request for a Development Agreement Amendment (DA No. 09 -01) to amend the DA. C; 9 8 On January 22, 2009 the Planning Division received and filed Trammell Crow's request for a DA amendment. Thereafter, the Planning Division referred the matter to the Planning Commission and City Council to determine whether the request should be denied. The zoning classification for the Site is Corporate Office (CO) Zone and the General Plan Land Use Designation is Corporate Office. The surrounding land uses are as follows: Existing Land Uses General Plan Zone North: General Commercial General Commercial General Commercial (C -3) South: Corporate Office Corporate Office Corporate Office (CO) East: Corporate Office Corporate Office Corporate Office (CO) West: Corporate Office Corporate Office Corporate Office (CO) II. Analysis Trammell Crow proposes to construct of an 88,859 square -foot hotel with 179 guest- suites and to permanently maintain a scaled down version of the interim airport public parking facility within the existing 7 -story parking structure. The airport/public parking use would be limited to any surplus parking not required by the ESMC at full build out of the Site. Based on the conceptual plans submitted, there would be a 460 parking space surplus in the parking structure. The applicant also proposes to reduce the FAR of 1.08:1 authorized by the DA to meet the current FAR of 0.8:1 for the Corporate Office (CO) Zone. Additionally, Trammell Crow still proposes to contribute $150,000 to the City as a public benefit to facilitate aesthetic, landscaping, and other improvements along Sepulveda Boulevard as required by the DA. The proposed amendment to the DA affect the project use, the floor area ratio, and the 24 -hour public airport parking. The proposed amendments are summarized below: - W-m Project Description Develop an 120,617buildinfoot, Develop an 88,859 square - foot, 6 -stor office 9 -stor , 179 room hotel. Floor Area Ratio. Max for 1.086:1 0.80:1 FAR for the Corporate Office Zone, 0.8:1 24 -hour Public Airport Interim use to be permanently Maintain the use on a Parking discontinued upon issuance of a permanent basis and operate Certificate of Occupancy for the utilizing the surplus parking proposed 120,610 square -foot identified within the parking office building structure. Public Benefit Offer to pay $150,000 for No change. landscaping and other improvements to Sepulveda Boulevard. Trammell Crow indicates that the demand for office space is low and given the current economic climate such office use, is not feasible for the Site. The Applicant does not expect demand for office uses to increase in the foreseeable future. Accordingly, Trammell Crow wants to pursue a hotel project as an alternative to an office project. Trammell Crow reports there is interest from 099 various hotel operators and reportedly initiated discussions with several interested hotel operators. Trammell Crow cannot actively market the Site or engage in serious negotiations with potential hotel operators until the City considers the proposed changes to the DA. Rather than submit an extensive application package, Trammell Crow submitted the proposal outlined above to assess whether to file with a full application based upon the City's response. Hotel uses in the Commercial Office (CO) Zone require a Conditional Use Permit (CUP). Trammell Crow does not intend to be the developer of the hotel nor the applicant under the required CUP for a hotel. If the City were to consider an application for amending the DA, Trammell Crow would then market the Site and negotiate tenancy with a potential hotel operator. The selected hotel operator would then apply for an Initial Study, CUP, and all necessary discretionary permits as required. Trammell Crow understands that even if the City does not deny the proposal outright, it may do so after considering a full application for the proposed DA amendment. III. Environmental Review The proposed project (Hotel) would at minimum require a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA). The Initial Study and Mitigated Negative Declaration would be processed once a full application, which includes a CUP Application and environmental review is submitted for the proposed development of a hotel. CEQA analysis is not required should the City Council deny Trammell Crow's request. IV. Conclusion This request was presented to the Planning Commission on January 22, 2009 to allow public input and provide the Planning Commission an opportunity to advise the City Council regarding whether to deny the proposal outright, or allow a full application to be processed. The Planning Commission discussed the positive aspects of the proposal and voted 5 -0 to receive and file the request and refer the item to the City Council for further consideration. The City Council can either deny the request at this point or receive and file the report. PAPlanning & Building Safety\PROJECTS \776- 800\EA- 79 1\EA -791 DevAgrmnt888Seplvd. CC SR.doc CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: January 22, 2009 SUBJECT: Environmental Assessment No. EA -791 and Development Agreement No. 09 -01 APPLICANT: Trammel Crow Company PROPERTY OWNER: Trammel Crow Company REQUEST: Proposal to amend Development Agreement No. 00 -2 to construct 1) an approximately 88,859 square -foot, 179 guest suite hotel in -lieu of a 120,610 square -foot six (6) -story office building and 2) to maintain an existing public parking structure, a smaller portion of which is proposed for a permanent off -site airport parking facility. PROPERTY LOCATION: 888 -898 North Sepulveda Boulevard 1. Introduction Trammel Crow Company ( "Trammel Crow") roposes Agreement No. 00 -2, adopted March 20, 2 01 betweentthe City off El Segment gundo and W9 /SEP Real Estate Limited Partnership. The Development Agreement allows construction of a 120,610 square -foot six (6) -story office building. Additionally, the Development Agreement allows. the property owner to use the surplus on -site parking for an airport park and fly facility on an interim basis until the construction of the office building is completed. Trammel Crow seeks to build an 88,859 square -foot hotel with 179 guest- suites and to permanently maintain an existing public parking structure; a smaller portion of which is proposed for an off -site airport parking facility. The affected property is located at the southeast corner of Sepulveda Boulevard and Walnut Avenue, commonly known as, 888 North Sepulveda Boulevard, 892 North Sepulveda Boulevard, and 898 North Sepulveda Boulevard (collectively, the "Site ") in the Corporate Office (CO) Zone. �Oi Recommendation Planning staff recommends that the Planning Commission advise the City Council regarding the matter. Background The Site is comprised of two parcels (See. attached LA County Assessors parcel map). Parcel 1 (.42 acres) is improved with an existing eight (8) -story, eighty -five thousand (87,166) square foot building located at 898 North Sepulveda Boulevard. Parcel 2 (2.55 acres) was previously developed with a twelve (12)- story, one hundred forty thousand (140,000) square -foot office building located at 888 North Sepulveda Boulevard that was demolished in 2003. Parcel 2 is also developed with an existing 7 -story parking structure (824 parking spaces) located at 892 North Sepulveda Boulevard. On November 9, 1994 the Director of Planning and Building Safety approved Environmental Assessment EA- 356 /Administrative Use Permit 94 -6 for the use of a portion of an existing parking garage for long -term 24 -hour public airport parking as an interim use until such time that the existing two office buildings, which were vacant at that time, were leased. On November 17, 1994, the Planning Commission received and filed the Director's determination for EA356 /AUP 94 -6. On March 20, 2001, the City Council adopted Ordinance No. 1331 approving Development Agreement No. 00 -2 (the "DA "). The DA is between the City of El Segundo and W9 /SEP Real Estate Limited Partnership (Legacy Partners) and provides for the following: • Demolition of an existing 12 -story, 140,000 square foot vacant office building and the development of a new 6 -story, 120,610 square foot office building under a floor area ratio (FAR) of 1.086:1 at 888 North Sepulveda Boulevard. The long -term 24 -hour public airport parking business located at 892 North Sepulveda Boulevard which was approved as an interim use under EA- 356 /Administrative Use Permit 94 -6 must be permanently discontinued upon the City issuing a Certificate of Occupancy for the first tenant improvements associated with the Project allowed by the DA. Requirement that the applicant pay one - hundred fifty thousand dollars ($150,000) to the City for the cost of landscaping, median, visual, and other improvements to Sepulveda Boulevard in the vicinity of the Site. It is at the City's sole discretion as to which improvements the contribution are applied. The payment must be made before to the City issues a Certificate of Occupancy for the first tenant improvement associated with the Project allowed by the DA. • The DA will expire on March 20, 2011. 2 L l� In 2003, the 12 -story, 140,000 square foot vacant office building located at 888 North Sepulveda Boulevard was demolished pursuant to the DA. Orr-D-ecember 21, 2006 Trammel Crow purchased the Site and the rights to develop the Site under all the previous agreements. On March 19, 2008, Trammel Crow submitted Environmental Assessment No. 791 and Conditional Use Permit Application (CUP 08 -02) for the development of an approximately 88,859 square - foot, 9 -story, 179 room hotel. The applicant was advised that an amendment to the Development Agreement would be required. On November 24, 2008, Trammel Crow submitted an Application for a Development Agreement Amendment (DA No. 09 -01) to amend the DA. The surrounding land uses and zoning are as follows: Existing and Use Zone North: Office, Research & Development General Commercial (C -3) IV. Proposed Proiect/Analvsis Trammel Crow proposes to construct of an 88;859 square -foot hotel with 179 guest- suites and to permanently maintain a scaled down version of the interim airport public parking facility within the existing 7 -story parking structure. The airport/public parking use would be limited to any surplus parking not required by the ESMC at full build out of the Site. Based on the conceptual plans submitted, there would be a 460 parking space surplus in the parking structure. The applicant also proposes to reduce the FAR of 1.08:1 authorized by the DA to meet the current FAR of 0.8:1 for the Corporate Office (CO) Zone. Additionally, Trammel Crow still proposes to contribute $150,000 to the City as a public benefit to facilitate aesthetic, landscaping, and other improvements along Sepulveda Boulevard as required by the DA. These proposed changes are summarized below: 103 (Boeing) South: Warehouse /Office Corporate Office (CO) East: Industrial (Boeing) Corporate Office (CO) West: Office Building (B of A) Corporate Office (CO) General Plan Designation North: General Commercial South: Corporate Office East: Corporate Office West: Corporate Office IV. Proposed Proiect/Analvsis Trammel Crow proposes to construct of an 88;859 square -foot hotel with 179 guest- suites and to permanently maintain a scaled down version of the interim airport public parking facility within the existing 7 -story parking structure. The airport/public parking use would be limited to any surplus parking not required by the ESMC at full build out of the Site. Based on the conceptual plans submitted, there would be a 460 parking space surplus in the parking structure. The applicant also proposes to reduce the FAR of 1.08:1 authorized by the DA to meet the current FAR of 0.8:1 for the Corporate Office (CO) Zone. Additionally, Trammel Crow still proposes to contribute $150,000 to the City as a public benefit to facilitate aesthetic, landscaping, and other improvements along Sepulveda Boulevard as required by the DA. These proposed changes are summarized below: 103 Project Description Develop an 120,610 Develop an 88,859 square -foot, 6 -story office square -foot, 9 -story, 179 building. room hotel. Floor Area Ratio. Max for 1.086:1 0.79:1 FAR for the Corporate Office Zone, 0.8:1 24 -hour public airport Interim use to be Maintain the use on a .Parking permanently discontinued permanent basis and upon issuance of a operate utilizing the Certificate of Occupancy surplus parking identified for the proposed 120,610 within the parking square-foot office building structure. Public Benefit Offer to pay $150,000 for No change. landscaping and other improvements to Se ulveda Boulevard. Trammel Crow indicates that the demand for office space is low and given the current economic climate such office use, is not feasible for the Site. The Applicant does not expect demand for office uses to increase in the foreseeable future. Accordingly, Trammel Crow wants to pursue a hotel project as an alternative to an office project. Trammel Crow reports there is interest from various hotel operators and reportedly initiated discussions with several interested hotel operators. Trammel Crow cannot actively market the Site or engage in serious negotiations with potential hotel operators until the City considers the proposed changes to the DA. Rather than submit an extensive application package, Trammel Crow submitted the proposal outlined above to assess whether to file with a full application based upon the City's response. Hotel uses in the Commercial Office (CO) Zone require a Conditional Use Permit (CUP). Trammel Crow does not intend to be the developer of the hotel nor the applicant under the required CUP for a hotel. If the City were to consider an application for amending the DA, Trammel Crow would then market the Site and negotiate tenancy with a potential hotel operator. The selected hotel operator would then apply for an Initial Study, CUP, and all necessary discretionary permits as required. Trammel Crow understands that even if the City does not deny the proposal outright, it may do so after considering a full application for the proposed DA amendment. iv� V. Environmental Review The proposed project (Hotel) would at minimum require a Mitigated Negative Declaration in accordance with the California Environmental. Quality Act (CEQA). The Initial Study and Mitigated Negative Declaration would be processed once a Conditional, Use Application is submitted for the proposed development of a hotel. VI. Conclusion This proposed matter is being presented to the Planning Commission to provide the Planning Commission an opportunity to advise the City Council regarding whether to deny the proposal outright, or allow a full application to be processed. If an application were processed, the City would still have the discretion of denying any proposed project. Staff does not have any recommendation regarding whether or not the application should be processed and is presented as an informational item only. If the City Council does not take any action regarding this matter, the City would then process an application in accordance with applicable law. Should the City Council deny the proposal, no additional CEQA review is required. VII. Exhibits A. Assessors Parcel Map B. Development Agreement No. 00 -2 C. Applicant's Environmental Assessment Application D. Applicant's Development Agreement Application with proposal and Cost - Benefit Analysis E. Conceptual color renderings and plans ad by: Louis Morales, Project Consultant A A _ Chril*ensen, AICP, Planning Manager it of Planning & Building Safety Greg pen,fer, Director Depa ent of Planning & Building Safety PAPlanning & Building Safety\PROJECTS\776-800\EA-791 \2008.12.12.EA-791 PCsr.doc 105 W7 . o0 OD NO �Y r U1 3:. v SEPULVEDA �� - •_._.•._ cn eA T3S,R; - BLVD. i isst t/ z a T3S.,R.14W. 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L5331- 0568 - 3- 01I=jl jh t 011 -40808 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this loth day of March 2001, by and between the CITY OF EL SEGUNDO, a City in the State of California ("City11 and W9 /SEP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited Partnership (t )e "Developer "). In consideration of the mutual covenants and agreements- contained in thi he Agreement, the 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 are acknowledged as true and correct by the parties: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process. B. The Developer is the owner of certain real property, located at the southeast corner of Sepulveda Boulevard and Walnut Avenue (the "Site ") 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N. Sepuly da Boulevard as (collectively, the "Site "). Currently, 898 N. Sepulveda Boulevard is improved with an eight (g story, eighty -five thousand (85,000) square foot office building, which Developer recently caused to be remodeled and retrofitted. '898 N. Sepulveda Boulevard is hereinafter referred to as "Parcel 1" and is legally described. on Exhibit A Sepulveda Boulevard is improved with a twelve 12 attached hereto. Currently, 8$8 N. (140,000) square foot office building, which has been vacant one for app oeximatel thousand en O contains asbestos and requires expensive retrofitting. Located on 892 N. Sepulveda Boulevard is a six (6) -story parking structure, providing required parking for the buildings located on Parcel 1 and Parcel 2, and for a separate airport parking business operated by a Developer known as "Airport 105 Parking." 888 N. Sepulveda Boulevard and 892 N. Sepulveda are collectively referred to and herein as "Parcel 2 ", and are legally described on Ex ibit "A_2" attached hereto. C. The Parties desire to enter into this Agreement in conformance with the Government Code and the City of El Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement. D. The Developer proposes to demolish the existing twelve (12) -story office building, and construct a six (6) -story office building consisting of a maximum of one hundred twenty thousand six hundred and ten square feet with a Floor Area Ratio ( "FAR ") of 1.086. Parking for the new six (6) -story building would be provided by the existing parking structure located on Parcel 2, with an additional seventeen (17) surface parking stalls (the "Development Project „). The Development Project is hereinafter sometimes referred to as the "Project.” parking required for Parcel-l- sh-all-be provided on Parcel 2. All E. The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement. F. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Proj ect in accordance with the "Applicable Rules" (as 547111:08/oc L5331- 03613- 8- 01 /rmj /ejh -1 -. 01 1140808 hereinafter defined), as modified by this Agreement. In consideration thereof, Developer agrees to wai.ve its rights to legally challenge the limitations and restrictions imposed upon the g s development of the Property pursuant to the Project approvals and this Agreement and the public benefits and improvements specified in this Agreement. to Provide G. Developer has applied to the City procedures for approval of this mutually binding Agreement. The Pl�ng Commission City Council of the City have given notice of intention to consider this Agreement and, have conducted public hearings thereon pursuant to the Government Code. H. This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of El Segundo has specifically considered and approved the impact and benefits of this Project g o on the City of the region. p he welfare I. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development of the Project on the Site except as provided for herein. J. This Agreement eliminates uncertain orderly development of the PrOi ect, and generally serves the public to eS and �p� e City e Segundo and the surrounding region. of El K. The City is entering into this Agreement in part because it anticipates that the Project, .once completed, will replace an obsolete structure which has been vacant for approximately ten (10) years with an attractive structure acting as a gateway and landmark for the northem..portion of the City. The development of the Project will eliminate an obsolete building::in the City in the form of the currently vacant twelve (12) -story structure, and the removal of asbestos from the vacant twelve (12) -story structure. 2. De 'tio s. In this Agreement, unless the context otherwise requires: (a) "Applicable Rules" means: (i) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date (as .hereinafter defined governing zoning, development, density, permitt ed uses, growth management, environmental consideration, and design criteria applicable to the Project as modified by Section 6(f) of this Agreement; and (ii) the mitigation measures adopted by the City and the conditions imposed b this Agreement and the Project's Discretionary Approvals. y Discretionary Actions; Discretionary Approvals" are actions which require the exercise of-judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished.from anactivity Which merely requires he City, including any board, coininlss on-, or department of the City and any officer or employee o the City, to determine whether there has been compliance with applicable statutes, ordinances, f regulations, or conditions of approval. 5471,11.08/0( L5331- 056/3 -8 -01 /Mj /cjh -2- 09 01 1.140 ,8O8 (c ) "Effective Date" shall be the date the applications for Discretionary Approvals were approved by City Council. (d) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, development, density, permitted uses, growth. management, environmental considerations, and design P applicable to the Project and Site. The parties intend the development of the Project and heels to be subject to Subsequent Applicable Rules only to the extent specified in paragraph a of Site Section 8 of this Agreement. ( ) (e) "Zoning Ordinance" is the Zoning Ordinance for the City of El Segundo contained in the El Segundo Municipal Code, as it exists on the Effective Date.. 3. Interest of Develo er. The Developer represents to the' City that, as of the Effective Date, it owns the Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 4. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the land comprising the Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. 5. Negation of Agency. The Parties acknowledge that, in entering into and Performing under this Agreement, each is acting as an independent entity and not as an agent f the other in any respect. Nothing contained herein or in any document executed in connection herewith.shall be construed as making he City and Developer joint venturers, partners or employer /employee. 6. Development of thLagpem. The following specific restrictions shall govern the use and development of the Project as described herein and in Exhibit "B ", and"without the need for any-additional Discretionary Actions: (a) P_ern i'tted ses of the Property. Nothing set forth in this Agreement shall be deemed to require Developer to complete the Project; however, the City and the Developer agree that the permitted, conditional and permitted uses of the Property shall be as provided in the Applicable Rules, as modified by subsection:(f) herein below; (b) Density and_Lnt n�ty o f T ge. The City and Developer agree that the maximum densities and intensities for the permitted use of the Project shall be as "set forth Agreement and the Discretionary Approvals. - this _ (0 Maximum-'- -- �,�u 1,u11a1nQ. The Ci. agree that the maximum height and size of the buildin g ty and Developer forth in this Agreement. Proposed for the Project shall be as set - (d) Develooment t Bards. All.desi to the development of the Project shall be in"' accordance with the Applicable able Rulesazas modifiedle by subsection .(f) herein below; the conditions of the Discretionary Approvals as.adopted, 54711 1,0810C 1 t� L5331- 05613- 8- 01 /rmj /cj7, _3_ 0� .140808 amended or modified in the future by mutual consent. The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Applicable Rules, the conditions imposed by the Project's Discretionary Approvals, and this Agreement. (e) Adherence to Buildin Code. All construction on the Property shall adhere to the Califomia Building Code, including the Fire Resistive Design Manual, the .National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the 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 "). (fl Exceptions to Development Standards. The Developer shall be Permitted to. design and construct the Project with the following exceptions to the current Zoning Ordinance Development Standards, as may reasonably be required to carry out the Project, including, without limitation, the following: (i) In connection with Development Project, the existing "Administrative Use Permit" (EA No.356, and AUP No. 94 -6), for Developer's currently existing "Park and .Ride" business shall be Permanently revoked and the use shall be discontinued upon the issuance of a Certificate of Occupancy for the first tenant improvement associated with the Development Project, excluding occupancy of a building management/leasing office which shall not trigger Such revocation; (ii) Two (2) loading spaces with a width of thirteen (13) feet and a. depth of thirty (3 0) feet shall be required to serve Parcel 2 instead of the three (3) loading spaces with a width of thirteen (13) feet and depth of fifty (50) feet as required by Section 20.54.060 of the City's Zoning Ordinance. 7. Acknowled8nents Agreemen and Assurances on the -Part of the D moMloper. The parties acknowledge and agree that Developer's faithful performance in developing the Project on the Site,.pursuant*to the terms of this Agreement and in constructing and installing public improvements, making payments and. complying with the Applicable Rules will fulfill substantial public.needs. The City acknowledges and agrees that :there is good and valuable consideration to the City resulting from Developer's assurances and faithful performance thereo .and that same is in balance with the•benefits conferred by the City on the Project and the f Developer by this Agreement. In consideration of the foregoing and the City's assurances set out in Section 8 below, Developer makes the covenants set forth in this Agreement. 8. ACknnwlPAo -m, +- A �_— u..0 155110 ceS -o - e- -art o - the Ci III-order to effectuate the provisions of this Agreement, and in consideration• for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City hereby agrees and assures Developer that Developer will be permitted to carry out and complete. the development of the Project within the Site subject to the terms and conditions of this Agreement, the conditions of the Project A as modified rovals and. the Applicable Rules fied by this Agreement. Therefore, the City hereby agrees and acknowledges that: 547111.08/oC L5331- 056/3 -8 -01 /rn�/cjh -4- 0• 1140808 - (a) EntitleM nt to Develop. The Developer is hereby to develop the Project on the Site to the extent and in the manner provided in this ed the e vested right subject to the Applicable Rules, as modified by this Agreement, and, should the City nt, findings set forth below in this subparagraph (a), any "Subsequent Applicable Rules". ?alce the change in the Applicable Rules, including, without limitation, any change in the Gen Any any applicable Specific Plan, Zoning Ordinance, growth management regulations, designPlan' standards or any subdivision regulation of the City, adopted or becoming effective after Effective Date, shall not be applied by the City to the Protect on the Site. Subsequent Ali Rules can be applied to the Site by the City only if, after public hearing, (1 the City pp cable that the failure of the City to apply Subsequent Applicable Rules will place residents of thellC t in a condition substantially dangerous to their health or safety, which condition cannot o City be mitigated in a reasonable manner and (2) it is applied consistent) and event to all other Otherwise similar developments in the City. Subsequent Applicable Rules with regard to increases in existing permit fees imposed by the City (i.e., .fees intended to cover the City's processing and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be imposed on Developer. e, be In the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions o the Agreement, such provisions of the Agreement shall be modified or suspended as ma f necessary to .comply with such state or federal law or regulation. Y be (b) Subseaue t DiRcretionRyActions. W respect to any Action or Discretionary Approval that is, or may be required su sequent t theDexecution scretionary Agreement, the City agrees that it will not unreasonably withhold from Developer or of this unreasonably condition or delay any such Discretionary Action or Discretionary Approval must be issued by the City in order for the development of the Project Site to proc edunless theh City-determines that (1) the failure to impose such condition would place residents of the Cit in a condition= substantially dangerous to their health or safety, which condition cannot otherwise b mitigated in a reasonable manner and (2) such condition is applied consistently and even) tse be other similar developments in the City. Moreover, in the event that a state or federal law evenly regulation is enacted after this Agreement has been entered into, which would prevent r preclude compliance with one or more provisions of the Agreement, such prow slops of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. 9. Vesting of Development lZiehts. In Pardee Coristruetion Co. v. i of C 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the io the anllo, Provide for the timing or rate of development resulted in a later- adopted initiae P restricting the rate of development to prevail against the the result in Pardee_b __aCknowled parties' agreement. City and. Developer intend to a- void - - -- �' bang and- providing that - Developer -shall have the ' -ht Iw obligation, except as otherwise specifically set forth herein, to develop the Property in such order t and at such rate and times as Developer deems appropriate within the exercise .of its subjective busmessJudgment subject to the term of this Agreemment. In furtherance o the . i ive Developer's intent, as set forth in this Section, no future amendmertt of any exstinCid Ordinance or resolution, or future adoption of any ordinance, resolution or other action, to limit the rate or timing of development over time or alter the sequencing of that 547111.o,8/oC •i 1 '7 9 L533145613- 8- 01 /mg /cjlt JL '_ 0 1140808 development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Site. 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. 10. Benefits to the City. The City will benefit from the elimination of the existing obsolete building as a result of the demolition of the existing, vacant twelve (12) -story ball ' located on the Site, the abatement of asbestos located in such vacant building, and the dig development of a new, image enhancing development project within the northern portion of the City. The City will benefit from increased sales taxes derived from retail sales to occupants of the Project. Further, the Developer agrees to contribute to the City the sum of One - Hundred Fifty Thousand Dollars ($150,000) for the cost of landscaping, median, visual, and other improvements to Sepulveda Boulevard. in the vicinity of the Site. The City shall, at its sole discretion determine which improvements the Developer's contribution shall be used for. The payment shall be made prior to the 'City's issuance of a Certificate of Occupancy for the first tenant improvement associated with the Development Project, excluding a building /mana ern ent and leasing office which shall not trigger the contribution obligation. Any such work shall be performed by the City. 11. Cooperation ud IM121 ++entat' . The City agrees that it will cooperate with Developer to: the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and.in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terns of this Agreement. Developer.shall, in a timely manner, provide the City with all .documents, plans, and other information necessary for the City to carry out its obligations under this agreement. 12. Review of CoMI2 lance. (a) - Periodic Review. The City Manager of the City shall review this Agreement annually, on or before the anniversary of the- Effective Date, in accordance with the procedure and standards set forth in this Agreement and the E1 Se to ascertain compliance by the Developer with the terms of this Agreement. Code in order (b) Special Review: The City Council of the City may order a special review of compliance with this agreement at any time but not to exceed twice per year. The Director of Planning and Building Safety or the City Council, as determined by the City Council, shall conduct such special reviews. (c) Procedure _ During, either a pepr'oac._review_ or_ .a_special- review; the I7eveloper'shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Developer. The.parties aciQiowledge that.failimre by the Developer to demonstrate good faith compliance shall constitute grounds fortermination or modification of this Agreement in accordance With Govemninent Cod § 65865.1, e 547111 ovoc L533 1- 05 673 -8 -0 1 /rmycjb -6- 13 0. 1140808 13. Default Provisions (a) eau t. Either this Agreement if it materially breaches any of the provisions ons o the Agreement to and the e breached not cured within the time set forth in a written notice of violation from the non - breaching P e is to the breaching party, which period of time shall not be less than ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice is deemed received, provided if the breaching party cannot reasonably cure a non:-monetary breach within the time set forth in the notice, then the breaching commences to cure the breach within such time limit and diligently f cs such cure hereaft lit If the City determines to proceed with termination of this Agreement, the City shall give written notice to the. Developer of its intention to terminate this Agreement and comply with the notice and public hearing req forth of Government Code Sections 65867 and 65868. At the time and place set in the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds based upon the evidence that the Developer is in breach of the Agreement, the Council may modify or terminate this Agreement. (b). Content ofl4otice of 'iQla ion. Every notice of violation shall state with specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the date that is three (3) business days after it is deposited in the United States mail, in accordance with Section 21 hereof. (c) Rem e iec Lor Breach. The Parties agree that remedies for breach of the Agreement shall be limited to the remedies expressly set, forth in this subsection. The remedies for breach of the Agreement by City or Developer shall be limited to injunctive relief and/or specific performance except in the event of a monetary default by Developer the City shall be entitled to seek any remedy available to it at law or in equity. 14. Afo gagee Protection. Afhe same time that City gives notice to the Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Site in which Developer has a legal interest ("Financier") , provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this Section .14. The copies shall be sent .by United States mail, registered. or certified; postage prepaid, return. receipt requested, and shall be deemeci.received upon the third (P day after deposit: Each Financier that has given prior notice to City to this Sedtion shall have the right, at.its optio o d t n and insofar as the rights f City are concerned t Pursuant cure any such breach within sixty (60) days after the receipt. of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the_cne.Within. ix - -- - tY -(60)- days-- after- receipt of the notice fof Ci -- — g Y P ty and hereafter dill entl rosecutes the same to completion. City shall not commence legal action against Developer -by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall g be binding and effective against the Financier and every owner ofthe Site, or part thereof; vvho'se title thereto is acquired by foreclosure, trustee -sale or otherwise. 547111 OVOC L5331 -056/3 8- 01 /rrnj /cjh -7- 1 S i 01 1140808 L' 15. Estonnel Certificate. At any time and from time to time, Developer may deliv written notice to City and City may deliver written notice to the Developer re uest' er party certify in writing that, .to the knowledge of the certified q ing that such force and effect and a binding obligation of the parties, (ii) this Agreement has not been In full amended, or if amended, the identity of each amendment, and iii the requesting breach of this Agreement, or if in breach, a description of each such breach. The party is not In such a request shall execute and return the certificate - within thirty p�3'receiving the notice. City acknowledges that a certificate maybe relied upon by successors nnnte receipt t of the Developer who requested the certificate and by holders of record of deeds of trust on the to portion of the Site in which that Developer has a legal interest. 16. Modifi_cat'on Amendment or Cancellation. requirements of Section 65867 of the Government - Subject to the notice and hearing rnment Co amended from time to time by m de, this Agreement may be modified or utual consent of the accordance with the provisions of the El Se parties or their successors in interest in Code. Segundo Code and Section 65868 of the Government 17. Term ofA eMent. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term often (10) years, unless said tnn terminated, modified, or extended by circumstance set forth in this Agreement or by mutual is consent of the parties hereto. Following the expiration of said term, this Agreement shall be s deemed terminated and of no further force and effect; provided, such termination nt s shall t automatically affect any It&-of the City or Developer arising from City approvals on the Prior to the expiration of the term or arising from the .duties of the parties as prescribed in Protect Agreement. this 18. Administratio of eem ent and Resolution of Di utes. All decisions b City staff concerning the interpretation and, administration of this Agreement and the Project which is .the - 'subject hereof are appealable to the City Council and all Iike decisions by the Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in court'of competent jurisdiction not later than ninety (9p) days following the date on whit a City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6. h the 19. Notices. All notices under this Agreement shall be in writing and shall effective when personally delivered or upon the third en be mail as registered or certified mail ( )y after deposit in the United States representatives of the parties at the addresses indicated be receipt requested, to the following If to City: City of El Segundo 350 Main Street_ El Segundo, California 90245 Attn: Director of Community, Economic and Development Services With a copy to: Burke, Williams & Sorensen 611 West Sixth Street, 25th Floor 54,111.08/OC + J L5331- 05613- 8 -0I1Tmj 1cjh j -g- U1 '14UMs Los Angeles, California 90017 Attn: Mark Hensley If to Developer: Legacy Partners Commercial, Inc. 30 Executive Park, Suite 100 Irvine, California 92614 -6741 Attention: Mr. Michael Morris With a copy to: Allen Matkins Leck Gamble & Mallory LLP 1900 Main Street, 5th Floor Irvine, California 92614 -7321 Attention: R. Michael Joyce, Esq. Any party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above. 20. SeverabiIity anri Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of Agreement is superseded or rendered unenforceable according to any law which bb6comes effective after the Effective Date, the remainder of this Agreement shall be effective to the ext the-remaining provisions are not rendered impractical to perform, taking into consideration the nt purposes of this. Agreement. 21. Time of Essence. Time is of the essence for each provision of this Agreement.of which time is an element. 22. Force Maieure. In the event of changed conditions, changes in local, state or federal laws >or regulations, floods, delays due to strikes, inability-to obtain materi als, civil commotion,.'fire, acts of God, or other circumstances which substantially interfere with carryin out the Project, as approved by the City, ty or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 23. 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. . 24. Entire A eement, 8r This Agreement contains the entire_, agreement between the Parties regarding the subject niatfer 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. _ 25. Relationship of Whe Pg8;Ps. 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 Of the other Party in any respect. Nothing contained herein or in any document executed in any 54711 1.08/6C f L533 ] -0S 6/3- 8 -0] /mtj /cjh -9- 01 .40808 connection herewith shall be construed as creating the relationship of partners, joint yen any other association of any kind or nature between City and Developer, jointly or severaaly, or severally, 26. Rules of Construction. The captions and headings of the various sections an subsections of this Agreement are for convenience of reference only, and they shall d t constitute a part of this Agreement for Agreement. Sho any other purpose or affect interpretation of the uld any provision of this Agreement be found to be in conflict with an provision of the Project Approvals or the Subsequent Approvals, the provisions of this Y Agreement shall prevail over the Project Approvals. 27. Constructive Notice and A ccentanre. Every person who, now or hereafter, o wns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be conclusively deemed to have consented and agreed or not any reference to this Agreement i to every provision contained herein, whether s contained in the instrument by which such person acquired such right, title or interest in the Project Site. 28. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person s have any right of action based upon any provision of this Agreement. hall 29. Att�y's 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 shah be entitled to its reasonable attorneys, g and litigation expenses and costs, and an judgment, fees or proceeding shall include an award thereof. Attom Ord fees under this rendered in such action attorne s' fees on an section shall include suit y y appeal and any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this into any judgment on this Agreement. Agree went 30. Incorporation xhibitc • of F The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit A -1 Exhibit A -2 Legal Description of parcel l Exhibit B Legal Description of Parcel 2 Exhibit C Description of the Projects Form of Assi gnment and Assumption 31. Entire Agreement r'onfl the parties. This Agreement represents the entire agreement of Should any or all of the provisions of this Agreement be found to be in conflict w' any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent with Applicable Rules, then the provisions) of this Agreement.shall.- prevail: 32. Release Unon Transfer, Upon the sale or transfer of the Develo er's interest any portion of the Property, except as otherwise provided herein, .Developer shall berele in from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or tran sfer and the City's sole remedy shall be against the assignee or ` successor or assign, provided that (i) Developer is not in breach of this Agreement at the time me of 347111.08/OC L333 I -056/3 -8-01 /rmj /cj7I _10- i17 Ui 1140808,.,r_._'._' the sale or transfer -and (ii) prior to the sale or transfer, Developer delivers to City a written assignment and assumption agreement in the form attached hereto as E executed by the purchaser or transferee and notarized by a notary public, whereby t duly or transferee expressly assumes the obligations of Developer under this Agreement with re Y the purchaser to the sold or transferred portion of the Property. Failure to provide a written assumption respect agreement hereunder shall not negate, modify or otherwise affect the liability of the urr transferee pursuant to this Agreement. Nothing contained herein shall be dined to grant t purchaser or discretion to approve or deny any such sale or transfer. �t to City 33, Hold Harmless, The Developer hereby agrees to and shall defend, protect s and hold the City and its elected and appointed boards, commissions, officers . a ave employees harmless from any and all claims, costs, losses fines penalties, officers, gents and Judgments and/or liabilities for any damages arising out of, or resulting from, the City's demands, approval of this Agreement or either party's performance pursuant to this Agreement; rovide approval that the Developer`shall not be required to indemnify p d, however, misconduct; and further provided that the Developer may elect to legally gall challenge or willful implementation or interpretation of this Agreement. Y nge the City's 34. Joint Pre ra 'on. This Agreement shall be deemed to have been Prepared ' and equally by the Parties, and it shall not be construed a p p Jointly Party prepared the Agreement or caused it to be r against any per' °n the ground that the Prepared. 35. Governing Law d Venue. This Agreement is made, entered into in the County of Los Angeles, California, and the laws of the State of California shall executed interpretation and enforcement. Any action,. suit or proceeding related to, or arising from, thi govern its Agreement shall be filed in the appropriate court having jurisdiction in the County of Los s Angeles. 36. Counterparts. This Agreement may be executed in multiple counterparts, which shall be deemed an original, but all of which shall constitute one and the same ' each of tnunent. IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date -first written above. CITY OF EL SEGUNDO By: 4Mike Gordon, Mayor ATTEST 7 F� t� 1 Cindy. ortese Ci Cler 547111.0&0bC i L5331- 05613 -8 -o Ihmj /ej11 -11- U1 '14U8Ud Approved. as to form: Mark D. Hensley, City Attomey, W9 /SEP REAL, ESTATE LWTED PAP SHIP, a Delaw -- ted partnership oll By: �N9 /S Gen - ar. is Delal are rPortic 2errpiartner i �f Lts: Vice Preci EXHIBITS Exhibit A -1 .Legal Des crintinn of Parcel Exhibit A -2' — Legal Descri do of Parcel 2 Exhibit B — D:esciiption of Proi ect _Exhibit C = Assien-ment and u X19 54713 1.08106 L5331- 0566 -8 -0 7 /rmj /cj h -12- . u1 - 14UQVo STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ss. On —''JC i' a.S , 2001, before me, the undersigned, a said state, personally appeared tV�� Kt('d n Notary Public in and for tome to the persons who executed the within instrument as May ddC �C1erkP�y v1 k'iown of the CITY OF EL SEGUNDO, the public agency therein named , respecti vely, such Commission executed the within instrument pursuant to its bylanwsaorkna°reso aged to me that members. tion of its WITNESS my hand and official seal. ir1uDA CATHY �OM�NN Name (typed or printed) Cornmission #127b W N(3ry Public - Cclitmip- las Mgela.CouMy My Corn. E0,WSgp9.2M4 STATE OF CALIFORNIA ) COUNTY OF Q & 114k. '' ss. S ) On 1 -� , 2001 before me .th undersigned, a Notary public in and f sai State, personally appeared -known tome to be the p eor Eient of d ' S== rp'efthe corporation that executed the within who executed the within instrument on behalf of k), trument, kn °vim tO me to be a persons CorporationRtherein named, and acknowledged to me at s ^' the instrument pursuant to its bylaws or a resolution of its board of Corporation executed the within WITNESS my hand and official seal JULIEJOHNS7O < Conrlmission # ]218840 zF Notary Public - Golitomia Oro nge CDUnty 5471 J.1;08/0C L5331 -056/3- 8- 01 /rmj /cjh 1 -13- 01 '40808 - EXHIBIT A -1 Legal Description of Parcel l (898 North Sepulveda Boulevard) Parcel l of Parcel Map No. 11008, in the City of El Segundo, County of Los Angeles, State of California, as shown on the Map filed in Book 123, Page 1 of Parcel Map in the Office of the CountyRecorder of said County. 54713 >.os/oc EXHII3IT A -1 L5331- 056/3- 8 -01 /rmj /cj7, -1- t 01 A4oso8 EXHIBIT A -2 Legal Description of Parcel 2 (888 North Sepulveda Boulevard and 892 No h .Sepulveda Boulevard) Parcel of Parcel Map No. 11008, in the City of El Segundo, County of Los Angeles, Stat ate of California, as shown on -the Map filed in Book 123, Page 1 of Parcel Maps, in the Offic County Recorder of said County. e t the 54711 1.0310c EXHIBIT A -2 L533]7-0566_' "Jhmj /cjh -1- 01 1140808 EXHIBIT "B" Description of Project The Project consists of the demolition -of the existing 12 -story office building, and the development of a 6 -story office building consisting of a maximum of 120,610 net square feet, with a floor area ratio of 1.086, with parking provided by the existing parking structure located on Parcel 2, with an additional 17 surface parking stalls. The existing "Park and Ride" business would be permanently revoked and the use would be discontinued upon the issuance of a Certificate of Occupancy for the first tenant improvement associated with the Project,.provided that the occupancy of a building management/leasing office shall not trigger such revocation. 54711 1.0810C EXHIBIT 13 1 42 3 L5331- 03613- 12- 07 /rmj /cjh _ 0. .1140808 EXHIBIT "C" ASSIGNMENT AND ASSUMPTION This Assignrent and Assumption is entered into as of this _ day of 2001. by and between W9 /SEP Real Estate Limited Partnership ( "Assignor ") and ' ( "Assignee ") with respect to the following facts: RE,QITAES: A. Assignor is the "Developer" with respect to that certain Development Agreement dated , (the "Development Agreement ") by and between Assignor and the City of El Segundo, a city in the State of California ( "City"). B. The Development Agreement pertains to that certain real property located in the City consisting of 888, 892 and 898 North Sepulveda Boulevard (collectively, the "Site "). C. By this Assignment and Assumption, Assignor desires to assign all its right, title .and interest in and to the Development Agreement to Assignee and Assignee desires to assume all of Developer's interest and obligations with respect to the Development Agreement. NOW, THEREFORE, for good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment of Development Agreement. Assignor hereby grants, assigns, transfers, conveys and delivers to Assignee all of its right, title and interest in and to the Development Agreement and Assignee hereby accepts such assignment. 2. As -Is; Non - Recourse. Assignee hereby acknowledges and represents that Assignee has.had a full and complete opportunity to evaluate the Development Agreement and the Site. Assignee acknowledges and represents that Assignee accepts the assignment of Assignor's interest in the Development Agreement on an "AS .IS" basis, without any recourse to Assignor, and without any representation or warranty of any kind with.respect to the terms and conditions of the Development Agreement and/or the obligations of "Developer" under the Development Agreement. 3. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby assumes and agrees to perform and to be bound by.all::the.terms -- conditions; - covenants -and obligations imposed upon or assumed by Assignor under the Development Agreement. 4. Miscellaneous. (a) Notices. All notices or other communications provided for or permitted hereunder shall be made in vniting by hand - delivery, or pre -paid first -class mail: 54711 1.0810C EXHIBIT "C" 124 L5331- 056/3 -8 -0 ] /nnj /ejli _ i 01 "I408082s, If to Assignor: W9 /SEP Real Estate Limited Partnership If to Assignee: ALL SUCH NOTICES AND COMMUNICATIONS SHALL BE DEEMED TO HAVE BEEN DULY GIVEN: WHEN DELIVERED BY HAND, IF PERSONALLY DELIVERED; AND TWO BUSINESS DAYS AFTER BEING DEPOSITED IN THE MAIL, POSTAGE P IF MAILED AS AFORESAID. ANY PARTY MAY FROM TIME TO TIME ' 1tE_p� NOTICE TO THE OTHER, DESIGNATE A DIFFERENT ADDRESS WHICH SHALL BE WRITTEN SUBSTITUTED FOR THAT SPECIFIED ABOVE. (b) Captions and Headings. The captions and headings in this Assignment for convenience of reference only and shall not limit or otherwise affect the meaning hereof. (c) Time of Essence. Except as otherwise provided herein, time is of the essence with respect to all provisions of this Assignment in which a definite time for performance is specified; provided, however, that the foregoing shall not be construed to Iimit or deprive a parry of the benefit of any grace period provided for in this Assignment. (d) Interpretation and Governing Law. This Assignment shall be governed by and construed in accordance with the internal laws of the State. of California applicable. to agreements made and to be performed within the state. The provisions of this Assignment shall be interpreted in a reasonable manner. to effect the purpose of the parties and this. Assignment. .Accordingly, ..any rule of law (including California. Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Assignment against the party that has drafted it is not applicable and is waived. (e) Waiver of Jury Trial. The parties hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross - complaint in any action, proceeding or hearing brought by a party hereto or its successors and assigns on any matter whatsoever arising out of, or in any way connected with, this Assignment, the relationship of the parties hereto, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. (f) Severability. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal or,unenforceable any respect for any reason, the validity, legality and enforceability of in any such provision in eve other respect and of the remaining provisions hereof shall not be in any way impaired or ry affected, it being intended that all other rights and privileges shall be,enf9LCeable to:.the- fullest extent-permitted-by law. (g) Attorneys' Fees. In any action or proceeding brought to enforce or interpret any provision of this Assignment; or where any' provision hereof is validly :asserted as a defense,. the prevailing party shall be entitled to recover actual attorneys' fees and all other litigation costs including without limitation costs awardable pursuant to California Code of Civil 54711 LOVOc EXHIBIT "C" L5331- 05613- "I /"nj /yl1 ,2_ U1 `140808 Procedure Section 1033.5 and amounts payable to expert witnesses ( "Costs ") in addition to any other available remedy. In addition to the fees and Costs recoverable under the-preceding sentence, the parties agree that the prevailing party shall be entitled to recover actual attorneys, fees and Costs incurred in connection with the enforcement of a 'ud action or proceeding. ) gment arising from such (h) Entire Agreement. This Assignment is intended by the parties as a final expression of their agreement and is intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. This Assignment supersedes any and all prior restrictions, promises, representations, warranties, agreements; understandings and undertakings between the parties with respect to such subject matter and there are no restrictions, promises, representations, warranties., agreements, understandings or undertakings with respect to such sub such other than set forth or referred to herein. those (i) Waiver. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any.right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. (j) Amendments. Neither this Assignment °nor any term hereof may be changed, waived, discharged or terminated orally or in writing, except that any term of this Assignment may be amended by a writing -signed by the parties, and the observance of any such term may be >�waived (either generally or in a particular instance and either retroactively or prospectively) by a writing signed by the party against whom such waiver is to be asserted. (k) Successors and Assigns. This Assignment shall inure tathe benefit of and be binding upon the successors and permitted assigns of each of the parties. (1) No Third Party Beneficiaries. Nothing expressed or mentioned in this Assignment is intended or shall be construed to give any person, other than the parties hereto and their respective successors and assigns, any legal or equitable .right, remedy or claim under or in respect of this Assignment,or..anyprovisions herein contained, this Assignment and any conditions :and provisions hereof being intended to be and being for the sole and exlusive benefit of the parties hereto and their respective successors and assigns, and for the benefit of no other person. (m) Counterparts. This Assignment may be executed in any number of counterparts and by the parties hereto inseparate- counterparts,- each -of which -when so executed shall'be deemed to be an original and all of which taken together shall constitute one and the same agreement. 5. Facsimile. This Assignment may be executed by a party's signature transmitted by facsimile ( "fax "), arid copies of this Assignment executed. and delivered by means of faxed signatures shall have the same force and effect as copies hereof executed and delivered with 547111.oe/oc EXHIBIT "c,, - ; j L5331- 056134- b1 /rmjkjh -3- :1408.08 'en original signatures. All parties hereto may rely upon faxed signatures as if such signares wer originals: Any party executing and delivering this Assignment deliver a counterpart signature page of this Assignment containing said hall promptly thereafter All parties hereto agree that a faxed signature page may be introduced int party's Ti a in 'any were proceeding arising out of or related to .this Assignment as if it were an original signature page "ASSIGNOR" "ASSIGNEE" W9 /SEP Real Estate Limited Partnership F BY: W9 /SEP Gen -Par Inc., a Delaware corporation, General Partner By: Name: Its: 54711LO /oc EXMIT 1102 �} ►� L533]- 056/3- "J/nnjkjh -¢ 4. CALSMART L.L.C. c/o RREEF America L.L.C. 101 California Street, 26`h Floor San Francisco, CA 94111 Attention: Dwight L. Merriman Re:' Development Agreement dated March 20, 2001 (the "Development Agreement') between the City of El Segundo (the "City') and W9 /SEP Real Estate Limited Partnership (the "Seller ") for 888, 892 and 898 N. Sepulveda Boulevard, El Segundo, CA (the "Site') Ladies and Gentlemen: The undersigned certifies to CALSMART L.L.C. (the "Purchaser") and to the Seller that to the undersigned's knowledge: 1. The Development Agreement and all Discretionary Approvals (as defined in the Development Agreement) necessary to construct the Project as defined in and as contemplated under the Development Agreement, are in full force and effect, and the Development Agreement is a binding obligation of the parties. 2. A true and complete copy of the Development Agreement is attached hereto as Exhibit A. Neither the Development Agreement nor any Discretionary Approvals have been. amended. Seller is not in breach of or in default under the Development Agreement or any Discretionary Approvals, nor is the City in breach of or in default under the Development ,Agreement. 4. All Discretionary Approvals necessary to construct the Project as contemplated by the :.Development Agreement have been obtained and are not due to expire.prior to the expiration of the Development Agreement, other than the Administrative Use Permit for the "Park and Ride" business referred to in Section 6(f)(i) of the Development Agreement, and other than [If None, state "None "j. The City consents to the assignment of the Development Agreement and all Discretionary Approvals to Purchaser in accordance With the form of assignment attached to the Development Agreement as Exhibit C. The undersigned makes the above statements with the understanding that Purchaser and its lender, if any, on the Project intend to rely upon these statements in connection with its intended purchase and financing of the Site. Date: , 2001 CITY OF EL SEGUNDO By:_ Name: Its: 1�� ��, `��' ' t1 �4 City of El Segundo. d PLAW4 a L)1%JtS1ON Planning and Building Safety bept. 350 Win Street E Segundo, CA 90245 (310)624-2344; FAX (310)322-4167 MMMgMwn mor City Of El S 0OUndo Initial Study Applicant Qd6�b o n6, ire T of 19 -- ---- ---- , - . - — --- J' 2 19 EA-791; CUP 08-02 888 k Sepulveda Blvd. 5. Representative of applicant: (i.e., attorney, expeditor, etc.) Trammell Crow Company (949) 477 -4731 (949) 477 -9107 Name (Print or Type) Phone Fax 4 Park Plaza, Suite 700 _ ddrakeO- )trammellcrow.com Address Email Irvine, California 9.2614 City /St/Zip Signatu 6. Architect/En4inear: Pacific Design Concepts. LLC (70 2) 454 -5842 (702) 307 -94.83 Name (Print or Type) Phone Fax 3005 W. Horizon Ridge Parkway, Suite 200 heatherme- pacdesignconcepts.com Address it Henderson. Nevada 89052 City /SUZip Signatu Property Situated at: Assessor Parcel No. 4138 - 005 -035 & 036 See attached legal (Exact legal description. Provide attachment if necessary). ! ID [ General Location: �I MAR 19 2006 888 Sepulveda Boulevard between Walnut and Maple Street PLANNI.NtG D1Vt,( 10l,1 Address Street/Avenue Street/Avenue Existing Zoning: CO General Plan Land Use Designation: Corporate Office II. PROJECT INFORMATION 1. Description of Project: Describe the whole action involved, including but not limited to later phases of the project and If any secondary, support, or off -site features necessary for its implementation. (attach additional sheets if necessary for this question and all project information questions). The proposed project consists of an approximate 88,859 net square feet / 97,017 gross square feet hotel on an existing site (140,000 square feet) where a previous office was demolished in 2003. The hotel structure will be 9 stories in height with 2 level of subterranean parking. 2. Site Area: 2.55 acres Bldg Area: 88.859 s.f. Bldg Height: 150 feet above ground No. Floors: 9 + 2 parking Floor Area Ratio (FAR): .80 FAR Percentage of lot coverage by structure: 12.38% 3. Proposed Use(s) of Building(s): Hotel 4. No. of Employees: 50 Max. per shift: 25 Days /Hours of operation: 24 hours d0y /7 days a week City of El Segundo Initial Study Applicant Questionnaire __.___.__._._ .____ _ . _ 2 R-1 —9 EA -791; CUP 08 -02 1 -� 888 N Sepulveda Blvd. 11, 5. Number of standard stalls provided (if any): 166 Number of compact stalls provided (if any): 0 Number of tandem stalls provided (if any): 0 Number of on -site accessible spaces provided (if any): 6 Number of on -site loading spaces provided (if any): 2 Total Number of on -site parking spaces provided: 174 6. Proposed construction scheduling: Construction would start in 12 -18 months 7. Will any permits (including a Hazardous Material Business Plan) be required from agencies other than the City? (please explain) NO 8. Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or explosives? (please explain) NO If yes to either 5 or 6 please describe in detail on a separate sheet. 9. Existing land uses of the subject site and surrounding properties: Subject property: Office North: Office East: Industrial South: Industrial / Office West: Office 10. Physical Site: Will the project modify existing natural features? NO Estimated cubic yards of grading involved in the project: Cut: 5.000 Fill: 5.0)0 11. Does the proposed project require a Conditional Use Permit or any other discretionary Planning application? Yes If so, please list associated planning applications and describe reasons necessitating those requests.. A Conditional Use Permit is required to allow a Hotel use in a CO zone. A new Development Acireement is required to replace the old Deyalf%r%rnemf A reement reviOUSIV approved on 03/20/01. 12. Other public agencies whose approval is required: (e.g., permit, financing, approval or participation agreement, etc.) Building Permit Public Works E C� 1E �1 t MAR 1-9 2008 PLANNING DIVISICV City of El Segundo Initial Study Applicant Questionnaire 3 of 19 i31 EA -791; CUP 08 -02 888 N sepulveda Blvd. III. ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plant and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach and label photographs of the site and surrounding area. The existing site is bare dirt with the exception of an existing seven (7) story 819 space oarkina structure which will remain. The site was oreviously occupied b a 140,000 s uare foot office building which was demolished in 2003. The parcel has not been improved since then and _ here are no cultural, plant or animal Issues now. 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one family, apartment houses, shops, department stores, etc.), and scale of the development (height, frontage, setback, rear yard,.etc.). Attach and label photographs of the site and surrounding area. The surroundina sites are fully developed with industrial and office users Directly to the North of the site Is an existing 86.276 square foot office building approximately 123 feet in height a - -- existing seven (7) story 819 space parking structure approximately 67 feet in height (owned by Trammell Crow Company)- the East is a one (1) story manufacturing facility approximately. 20 feet in helaht owned by Boeing. To the South Is a one (1) story manufacturing facility approximately 20 feet In helaht and to the West of Sepulveda Boulevard Is a one and A, bank building approximately 30 feet In height I MAR 1 8 2008 PLANNIM G DIVIRIC City of El Segundo Initial Study Applicant Questionnaire _ _ 4 of 19 EA -791; CUP 08 -02 see N Sepulveda Blvd. �a 1 J�. LE MAR 19 2008 MENVIRONNTNTAL MPACTS. PLANN-lb rG DIVISION JWVI[RQJxm._W......TALF WIMPOTM wFarrm. The environmentalfaddis che&-ed-belo*woW.d,bCPP.10440Y. Offcctddbyllfispibjec.44nv ol At.1 "Potentially Significant Impact"-.as.indicaWbYthe-c]ibtl-j,tst ontbe.follo*ing:p ag#.. 0 Aestheffts Pesourpes. tJ Ai.r Quality: 0 Owi logics Resources. 0 :11WIwalResompts 13 Ha=ds &'Hazaidous Materials 13 Hyftlogy/wat6r Qualify Q Land UseMlatimug Q Miniml. Resourow ❑ Noise b- k ng opulation/Hou si 0 Po T, CI thaidwSomct. systems. indjngs: of 'f S4 'if W.. imnce, EVALUATIO.K.OkIMPACTS. i. A brieiex}ilanatign i$ required for all.aitswers N except . .. .: . Impact" ... Pbu 6A . '" )P.0*4 -by th.d. information !..pq lysul soutces.teal - AsPliFy cites . Pam es following :.'VOOUOTi� A. "No. Impact" im' T�fblrewed ifiromotionaoureft that We is a tits tale za rlp didnWacMpIpy. invwed�4 the projecttails t". . . 1. . . V Y toTroidd9 answer shoiddbe:'exp'][AhW� A:erC' ifligi-bii gGiieral staudar�l§ (e g. the pr6ject*iU vort" on I$hj�ctspecffit screening anayb) Z, 'All Ops'w e- di . . ,as prof as wcIl.as: .dkOCt:au " 004strut:40n. alruleva, #ve as %ye� soperationalimpacts.. q.... W.Aumms. must.. im dge�_0 y gfaiYtes tbatn sn"caiit w than * wfiq_ y+ Stgnirant hvficto 'eke is aWmPtiate 1 areoneor -oreO fialtv'* . e a an-e SIVII ifthere m ." otenbill-i Siiifificihn acr entries *h6n thi6 "it 4, N ii. Earlier An C, .ar .. e Lii�" a Cal, nart�Sala+�7tt idea V& tn;the. "W'di"I ib .166 di: kik. A. felt "Page, RO.Lte wit,js bs.tand .0 4.0ier prim City of El Segundo Initial Study Applicant Questionnaire Of 19- EA-791; CUP 08-02 888 N Sepulveda Blvd. 1. Suppo :IhrbnnafiQn:S-,ources; ksoitri"celistshouldba.atta I v . 111. .; dbedOnd.other sources 'j,md:Or-iadividuaIs.cOntt&W shouldbe cited in ih.0 discusslom. 8. The r�cjsFatrati�it of. each isstlesllalYld id'entffy: a, the significancescriteria or.tbreshold .. . � if any, used. to evaluate.each question; and 4. -the.niifigatign.mo&sweidentified, if any, to reduce the impact to Jess-than.s'71rdficance. ISSUES A brief i4oqM qxplawtion is-Tpq*ed for-itIl of -your responses sft. O-tlie.f,-6ljowiug.q . uestionsexcepttbosecheclmd: No Impace. Your Tv;PO), tbe.kry- -.Wk*Vq $-qu response. to !be firsf4uewo 4arTAtive responvIA: n. . Q - qD E MAR 19 2008 1 Y-Ii PLANNING DIVISjON City of El Segundo initial Study Applicant Questionnaire 6 of 19 EA-791; Cup 08-02 . � 1 888 N SOPUIV&da Blvd. J -f a. .1 ssue.$: AESTHETICS, Wouk thopr4ect. a)*;- Have a Aubstanfid adverse meat on a scene vista's b). S inclu&ng, but uot,lue��iceii to, irees;rockpu14divingst . &a.d historic . build wmthim agitate Vg1livqq Sub . stan . Oal ly dllw"e the existing visual character or: quality of did site ind'i'urround4s? or glare views iii the am.? :AGRICLILTU.RAL RWURCES, In deteminij*1w tether - Impacts toagdculural Tesources 'Up& A -env* vownen W", lead, age wiC4 ;MY.106r, tp aw C4160 uk tigricultutal . ]Land Evalpai[dn --and Wiq::Asses� ` * Mb By the Cztli%niia wept ofC fi TO use in. Assets 11is impacts W a g ricalfift and farmland: Nktbuld ihe proi a). Convert Prime Finwandi or** PA'wepared Put cant o :the:Fa;mland Ong and Wv ftbij X W non, .g envi6nment acrid,: ..To OcaVOn*bafi* :could .result iii of F f .-AIX . VAUTY, aYWJabjp,;tOe_ai m&anqq:p#* ?al iron co>szxol disfrict ay umf on.to`inake the 16110wil* `WbUldthd. glacijecti Conflict ,Veil x struq: ty.,p �qdiaic an siibsias .. 46. Y ..bt t violaiian Less than s4nificant, Potentially With Le" Than Significant Mitigation Sign*ificant No Impact Incorporated. ...,. .. Impact . hmpa, E3 E3 0. X ❑ El .13 pr ❑ 0 ❑ Rr 13. 0 13 in E3 ❑ '0* 13. pr 0 0 0 MAR 19 200 8 PLANNING DIWIZ-4,0N.1 City of El Segundo Initial Study Applicant Questionnaire 7 of 19 EA-791; CUP 08-02 888 N Sepulveda Blvd. 5 Imes: Result in net kicresise of atiy_criteria poIlcuaat.f4r which. the proj�t region noitaltainiinettiuiiclex an plibkble ' f6deral or stite arniiYtwnt *tY Standard ( including M eatimg- emissions-vhkli exceed 've threshokis . . . - : quaft&ati .d). a, dses6iWti recepforR to substantial odllutant 4 create olij titinable odors affecting;. M b pro IV. BIOLOGICAL RESOURCES. Wduld the project; t jk). Mave qff ehiia dfip* or peeie;, aA a:.c#n. * ��tivik_o r;p0cw, % a. led' -in local-or regional p1am,j6"cje%_ or, ; m g i wofi ;.orw.. P f indbant.br.U.S. .a 0 F" Fish:&W Wildlife Service?: or: other saiiii6vorniturd c ... ... habitat. . local . Mmmu=Y4. Ufledinlocal or PO cles,ifel . alliom of b*. qmrtRiOut Of pi h -Und 08raeof TJS. Fish 4' no ju Ty. po re "'tat C., Less than, sipific4ut Potentially- With Significam, mitigation. InVaer incorporated 0 E3 13 0. 0 0, b b ilen Plan Significant Impact. Impact: 0 w E3 V E3 sr b or b It no L MAR 19 2008 PLANNING DI I Visiop City of El Segundo Initial Study Applicant Questionnaire 8 of 19 EA-791; CUP 08-02 888 N S*Pulvoda Blvd. 136 b. 13 n' JU E3 no L MAR 19 2008 PLANNING DI I Visiop City of El Segundo Initial Study Applicant Questionnaire 8 of 19 EA-791; CUP 08-02 888 N S*Pulvoda Blvd. 136 i 3 7 issues- LOSS tWh Significant Potentially With Less Tiiati Signigeant: hftigation Significant No Impact Incorporated Impact Impact V. CUI:i'C7ItAL RESO'[Jiz�S.. Ut�'orlcl the I+xi5jccL a): t"aiase a' listatttial advorsa cliatsge iri. ttte s% ifcance of a Historical. resotirce.as defined m SeLtion 13064.5 of ❑ ❑ D tie,Publie Resriurces Code ?. 1� b}. Cause a 46§iandal ndueM cllange in.tlw significance of an xzcliecileigical tesource:puxauaut.t6 Section. 1.5664.5 of ❑ ❑ l3 .the i'ubiic Resources:-Codc? �f C . ZilrCCtl oa .irldirttl des" it. wugtte psleontattil;'icai � Y � reuUitrCL':T:ifiC U1.14i{;I1.g0Q]�},t1CeFit1)C ❑ �j, Disturb: �.�!' hu�au���s;:iacltcding those n�tx�l; outside ofForpid cemeteries? ": .❑ ❑ VL GEOLOGY AND SOIT:S: Woald.tlie.proiect:. a }: Ertp0se-Pe0P 0 iirr -s.... C. Kts 1t6 P.0tbntisi 6ttb antisi aci�ersts= effects, �ludmg tlie:irisic, of.I.QSS, itij.uiy t)x dea involvinr :. eax#Hqual[e iHtifii its defined on the mostlecent.' quist-41'a9olo EartlticluaTce Fatah i'otiiiig 8p i $.,6i, ctlry:t —he:. State.Oeologist: 07.9QC� Y?7X (Jj7et S11b5t8lttial..t'V+C�CriCC ofa.known ;fault'i tcferto'Diyision:of: fines..atui. Gealagy S`peC al l?ubIipoon 42. q ❑ fi).' Strang 9*rn ground:;O'l WnV? ❑: 0 ❑ x iiiJ: Seisriac.rclateil grotinet.Iamine,,:iticluiiing liqur factiow { ❑. l3 �. iv).. I:azidslid4. 0 C7 �' b} lf:lA:;11bY1i81 S4fl ` CiO51?)I AI toGS Qf #o�SOil$' [Q (� I� 4 00q,. ri ` :g +to iir unit ai soil tf�at`is: uasfalile oz ti�sit VOtti °%l it ::�ii�sturti]eas: GSixiCt► tlic:prtijc :aiicf: potetitiallj�` fieftl i; rit:ori�or:.siie.lslde�:Iatexa`i. ' �.� :. ng, s'+ �' b: y�det� .ligtie�ctlnz�;ts��plapso2 Q d Be Joraed:oxi'expyl sail ►. #s;i%#`met,ialie;:$ -1: -$ pf Lrtnl3jilui G�o.19 cteatin; st�i�ia i ks'b li oi":ptt ?` I3 CI; 0 ::e� IiaYo sA; ��n�a�io. ��o�aci�iiztte lry:stipPof�g'�jitr:use':igf !14ecer:�gecriens :are ava cispssa[.:Wasye sr E C E I_ L J MAR 19 2008 P � ,r�r�rr �E����eary City of El Segundo Initial Study Applicant Questionnaire 90 f19 i 3 7 651. MAR 1.9 20061 b 9 PLANNING DIVISION City of El Segundo Initial Study Applicant Questionnaire- 10 of 19 EA-791; CUP 08-02 888 N Sepulveda Blvd. Won: Less amn With LwThka Sijnij5oht Mitigation_. S%Wficant No Impaot Imorlmrated fmpact: 'InVilct VIL. HAZARDSAND HAZARDOUS MATERIAIS, Would the proiech. ' .thmugh;tiie rovtive ransporlp -use:ordi al' spos aflwwdow ❑ ❑ ❑ jig b).: Create asipificanfhazvdtd the publiror the enj4anmem foreseftblia l .Wni Jay.61vingth6relesse-Oflkawdous mgtedal into .0 137 ❑ Of c}. Enut at'dopig::emzss�ongprlieadl� =or . n�afcriats,: $ubstanges, o; waste within ,bne-" ride. quatter -atiemsd . W, or pro 0 d), Be 160AW sin .a. s0e w.fick'i ihpl d6d ; -oij.4 Vlist ot joatoj* Oft r0mtriled ppm ant to Qov a Or tiie.ft virdwrient? ❑ ow -Within ati airprn t.ii use -plan or, where ,.-such -a plan has notb eeng ' two-miles :of a;Pd&'A'"0rt A'kUN d*' ' .116sw.fiva,�aflety. f1i4ve6ple iV6"k 1fi tht PiD, jOCt ;Q: ❑ t). F& a proj wfthifi.& te - - - - -POV4 W.S.M . ❑ :Ons&P wvme nc- 119e. Y Q. IT ❑ jig: =VO sir .;ar :13 V witk-� 'or veA s t&-dikhfte Q. 651. MAR 1.9 20061 b 9 PLANNING DIVISION City of El Segundo Initial Study Applicant Questionnaire- 10 of 19 EA-791; CUP 08-02 888 N Sepulveda Blvd. City of Et Segundo Initial Study Applicant Questionnaire -- - — - - -- 11 of 19 EA -791; CUP 08 -02 888 N S*puly *do Blvd. 1 J Issues. Less : than 5igzziiycrant. Potentially Wi€lz Uss Than sigAifleaut, Mitigtition SipirJ t go Impact: incoxporated i zpact Tmpact 0, 46stantiaiTy41terl exis-OPg: drai648ie:pattezti.gf. ft. site. or area, iziclfzdmg'throug)i tlie: a�terat ori'of ttie oivae.uf a. 3tTCAf11' :br fi> F'et; in 2. ner*liich. "uId :rrsuIt in sal.iatiat.:erosian x�r. �tatiott; on:. ur off -. SitC2 0 p' d). Substantially alter tits existing drAinage. pattenz. ot the site: ar area; includes ,.thz'i>ug6:the:alteratiozi of tire'eciuisa. of A streari or =iE.er; in'a:zziaiizicr'vvhiclz'urould restiit::in.. ft 6di ag r n- W Rt'f=siba? c)'.: Ciieafc iii crinEri� ate viuuiift"ura r tvluch tiyp tUe .dd.exrced rapacity Df existing szi P s ineci atoxiii. idstet:draii age sys tern, or,.: ptitvidc_sulistaiitiaS. am, dbt�al sniirces toy polluted zunt'ir �. fy: Otherwise ;subsisaiiiail3 degrade' -A.,mi :cttl4fy? g): .Place Zaotwipg• Ywithin a : :i QO=M .mMdb&ard �airea as Tnapped.tan. x-fibi%ral Flood Hazxrd.toundary Or .Inood lizsnrance Rate,.Ma .:or piker tz ©qd, . P .. o. ha?..4 4,tineat on. in Q t_7 D lz). Place within;_a l'pl# =year: f�aoiY lizard area "strtiaitires ivliich: AVL1tl1t� �Iiip0f3 ok rci iCOCf. )IOQC wit r?. zj. Expnsa er pleorstrnctures tp. a aignifioant risk.ofloss; injury of deatfilnvotiiig flopdizi :irzc)iidt�g.'.itgoding:.as. a re Wt +of tt c: failitze of a le et'#ix dam? E3 lrsundation:b ..eiche lsunazai; or mucTflcW? D Gi: or fX: LAND .M ANEfi 'PI ANNING: Vonldtheprbjeci �' . t�lly�vid. c;a�rl.�ESt�ablis :. .:cn A .. P-1 iC ktmttriiti'f i� ❑ V ,. is) Conflict witth:sny ap'lbte":land use PIeA, poliC;�x or regtt>a�,aii iif °al°i �a�ciicy vviili ylrtisrtittiririi.�lver 'pto�ect: uzdu8iiig 4uti ttgt limited . thb geilaral pia i . apeeif plaza! lacxl ±coital pYiigt` ari�c�r- ttg:�yr8irigiiee };tailagto8: eavars�z>ntal<'rffeti ?` Q: p D;' �. c): +aatiiitl* aliitjplicalik 'b�iiat:causevatitiiiplau ai Aatuiel.cv l iity 604"M 00h "ilan0' 0 :a F R Wt resotrr t$ai!tiiiTc#.T�n oatiie;toregton : ad;:tlia; residant�,ni't�s.�ta�'? ! 4 II: j MAR 19 2008 P F tlVNfiitG J)1NEFa''y`4rirj'_ City of Et Segundo Initial Study Applicant Questionnaire -- - — - - -- 11 of 19 EA -791; CUP 08 -02 888 N S*puly *do Blvd. 1 J MAR 19 2008 J( City of El Segundo Initial Study Applicant Questionnaire _ — 12 of 19 EA -791; CUP 08 -02 888 N Sepulveda Blvd. 1 4 Sues; Less than 5igni5cent Potentially Wig Less Than Sigaiftcant mitigation Sigriific nt NO Impact bcoilioraied wt . impact : b): It i iala;fhe lass ofa. i€fty oflecilly.-%mpoijadt rnioer� xespair� sec�iivc�tq;s�i�,.delinea�i on a: J.ocaJ. gwpral plan;,specitic plarr.;or. Other Iand:use plan? ❑: p. © Q� XL NOISS Waulii the:projW.r' e& *.ft A).. 13.xposure crf'Prs ns to rsr gengrat ion oi°noise levels in CxCC 6 0 5 aTtlS'CSfB )IiSlte illtlte:JAaal 'sbneiatplan o�c'rioise. ordinance; �i :apll2icable;standaTiiofntiier . ggeazpes? � C ar �j. E7�lOSUrC fli'�CISODS f0'OL gCflcTntiOn O�C7CCC551'VG gi 6dboMrrvibxatiaxt at GUridborkid rise levels? C: C x: c).9 m suiistarnal pttivauc increase iit.axnbient :uaise :levels u.1i#eprojcacf Ac abn tevgls.exist �w3tiloYtt the project?' , d�. A s6swntial -t draty oz freiiodiC znEreas� in ninbi..erst none Ieiretsn.t przje# vieiiutg saioviceveXs existing witiiput -Ow MOW 0. �.a r le c)'.: R 2' pzflject 3gcafed: ivitTiiit.aa aii}io t.l$nr!'use:plan irj: ylWl1er+e:slSCl�rtplatS trBS. 110C�1CCli:& �Opt4 .d,..�Vltiii$'�tjVO.II'U.J@S a €a.pttblicaitpc�rt arpti ltG trse auport, d fire ptojeGt le rextding dr evat:• exposeeaP. ur the project, area go C7CQ8SSJJ78:non ICYGIS %. Q t3: Fo s p#Spject i :thit. ...y of n.giitrata aicstcip; won .f}ie:lsmlea ez seji?cQi 'residing qr: "rking in Qi :pr�ijtct arm'to'exrxssxvc. lciise'levetst i G $r Mr. POl'W A "Of AW HOUSING: W64 owpmject;. a)... .144 0 �utistanf gl popatiaf gri 8 ovuthiis" i area} :e Q es diret�T� for exaiiiple;:;}��'�iopirsiagziezv hc�i�tds, �11S711CSSCS 3QT pt wt.' Y. ��(►�``�7�7jtXfglC,'•�}1iQLfg� GrGt 1AtL. Of I08�:8>n :0..3r�S,tCitGt1lZ7C }�< a Sl GG to 1t12 #Urn 7ClB'. 9 M&P- ousing. : he esS-fta fag" cQnsir;ic b on. oi'i pia ierdt'liousing. tJsenv 7 ! 13 pJ. �),. 13�sface 8;it�istanLiel numbs ;�,�if.licbp}o; tieseesstatuig the °cons etiori:�ot ietii$eerc�nt honsiiig of eiulie f� Q'. Ll MAR 19 2008 J( City of El Segundo Initial Study Applicant Questionnaire _ — 12 of 19 EA -791; CUP 08 -02 888 N Sepulveda Blvd. 1 4 MAR 19 2008 City of El Segundo Initial Study Applicant Questionnaire - — - - 13 of 19 EA -791; CUP 08.02 888 N Sepulveda Blvd. 14 1 Issues. Less than S7igii#i taut Potentially With L eSS.Than Sign 4cant Iv'iitiia' `Signi #.cant No, Iinpaci 1n0&pori10$ 1i4aet IhVacf X111. PVBLIC.SERVICES. Would tho project: a): Rrsult in substautiat. aciuei�e .physica]`.inrpacps'associated with 3# r�oviStOnofngvv-IPxphysics] %altered: gave uxicxitai i tcilit bsr.'need: foi tlew'. - .slrysicaliy ahered.aoveminienfW facr�ities, tlie:consiniction'of which Gbitlii catrse.:srPifiicant enviromt ental imp.'u. in order tp; Maii taiii Aeceptabk_ service ratios, n-: peaise tines or otlier.pertom"- objectives for any oi':the: public sery m: Fire prott ction? 0 ❑ ❑; i'plice ;pxv.Cectio�? Q © El Jr Scliobls? Q ❑ � Parks? ❑ Q ❑ Other* piilstic hrilities7 Q fl ❑ XIV. REMA7'IW. Would tk.:prgjectF: a),. Increase. the rise ofexisting ueiRi borhaod amt regional Parks sir other recreational:facilities such; iiiat siibstaritist phys l rcteroto..aiof . die facilify avould. gccuror.:be,ncceltraLbdT � b). DPCs -the .projexxE:iiiclude ii064fioa facil tie§.:or. require the oonsttuciioi€Y br cX;pansion.:of recreational` facxfit�s tvlicli laave:a� a_dvGrso �iiiysical ef'FeaR pit:dte envir munme 13 Li. ❑ 61' Xu: Tt2 t NSI'tO TC? Til'1ZAii TCc V'iyuId iht<...... . CAUS04n.:1ncmw.ia traWd which s_svbstantial an. reIatian to: His: ezist�ug �ra�e In�;atici �als��it�!F:.o�tTte strut s,}!stcm:.�°€e�:I� in a: sul�{sntial'xncrcase'�:. eit>aier:tl vuwber:•vi'aelude cepat,�tyMraiio.:ori roads; .o'r'raitgasti�ii �fi` °iiitestioiis� ❑ Cl N �i� Ei�ed, li�raniLviiTy or��Imt�tatxr�ei�..a;�veI rf . s SR fire: oourd4r conges461 ' xnanagetttelptia�eriajrfvi� .cl;esi" - _ ... ..,... C48RIR °og:lljl3rgJ. Q �: c),. �esultits'��c�ange;irtaizti�f�C °mitts el�'n�i �iirier:an:ncreasc:n traffic leve�.:or;a Iacatisrn.;;tiinYt 111f8:itt�u *n#g.s ty, s# p MAR 19 2008 City of El Segundo Initial Study Applicant Questionnaire - — - - 13 of 19 EA -791; CUP 08.02 888 N Sepulveda Blvd. 14 1 7 17 D MAR 19 2008 PLANNIMG DMISION City of El Segundo Initial Study Applicant Questionnaire EA-791; CUP 08-02 rof 19- 888 N SOPUIY&da Blvd. Issues; po"all j with.. 1:16ss Than Sigaificant Wigation significant ' no hnPaCt Incorporated Impact Impact 4). Subs"dalb* iucrOwe1azants duo to 4 design fiab= (e.g:s sharp Curves or dMverous. i1ftT8er'ti6nS) or iDC0tV2t&C uses equipment)? Result in inadequate emergency access? i1). Result in inadequate pal*g capacity? ❑ 0 ❑ Ig atiO .. V 9X :C�onfljd-W OO Policies, Plans, orprqgmm =00 XVL UTILITIES. ND 9MVICE SYSTEMS. would die proiect: ofthe Raqui* g at o-w4- a .�in'op..06*4WtiOOofnewvvbtbjrot &Cilities;' -vier oonstructioirofvCliicii could causer Rc4uiit.br r&j& mi the construcfion of uew .stormwatv*. drainage 6 11ities.ofev4"11W *-Coos could i��u MXOD#..P ;VVW%;6 . . envirommital effem? new or 1=titlexnents:.Cedej?:r Result in adekfin'i="fion'by the WaStONVater ble-adraent; proxi&r wkkh:so brim, rji� e the PTO jedf:ft f-it. 041 IQ. O4WPT je.cted 0 If 0 D. .0 0 0: 7 17 D MAR 19 2008 PLANNIMG DMISION City of El Segundo Initial Study Applicant Questionnaire EA-791; CUP 08-02 rof 19- 888 N SOPUIY&da Blvd. Issues; XVII. MANDATORY r-MINIOS OPSIGNMCANCE =1it f.f., .y .species,, �ause:a,fisli:nr Lm thu . Sig cant 7?otentiiYly 'kith Less Ti�aa -foiPti-w S)gnifkarit: NX? Invid Inco;pomted 4npa rrxlp.,t the, r2480:pf 'i rare or.. 8pr, bt histoi Vor y cc Uyc- Ifini-ted- 0 aft . velyc pro rcom ;Vidithe effects !6fp2d -pr other x0j,wisa C3 Pops * -P) P. C.Ctfixmp onvirommlto C6 .0 or Q. 11 E3 0 MAR I 2008 City of El Segundo initial Study Applicant Question7aiee 190119 EA-791; CUP 08-02 888 N Sepulveda Blvd. 1 OWNEWS AFFIDAVIT W C:> being duty sworn and. mo. say that, IMe-am -.1he propeq :involved 'in is 00.1211caflon and that INV . . jnyolye.0 :1)9 th QWNER of the .r,eg. I .. farn U aWn of OW 6�: of El Sequ�oo illarized myself .(O"j;veg), wjth w . ... `I�O rules- and rosped -application,and jh statements herehpontalhed. and the. lnforrn 9: Orid MIN. ithis ... at the f. ation.on: documents and all plans attached heret oregolng -true :and:portecf'tq,jhe.bes -o' ta a are. in, all respects t. UrnylOvirknowedgeand belief. STATE OF CALIFORNIA, )-. On'th,44:. 181:12, day ,of __k-AIJ, in and 16r.sailid dun ty.a-n"d.:Stgtik.:pemnally appeared that su d "'cub,411he same: WI'ME$S Miy""ha-h-dand.offlof - I seal. cormnMslon # I Notary PubfiC - CaliftW40 Oranq* County KWCO"V(LMf1 . 6.2011 t 20 ft u ridersig'ned Notary Public L M 'known t1O Me to be they to the.Wit-hin �instrument and acknowledged tome EE I t (t� MAR 1 2008 "Z-J) PLANNING D1V,,,SjOW City of El Segundo Initial Study Applicant Questionnaire 16 if 19- EA-791; CUP 08-02 14 4 888 N Sepulveda Blvd. & AGENT. AUTHORIZATION I hereby authorize to act forme/us in all Matters relevant to this appl.1catibA. understand that this p6rson will the exclusive Ive: cootaibt.. 1* On th6 .project a6d. will be .sent A �info cot dence.. - ,information and AGENTAFFIDAVIT .. . .. IDAVIT: o . 1 ' b ming di uly SWOM d Opos e - a n d s.4 ay t,hat:.jjWe am the. A d tN T .o f . the prop :involved. In t)js applicat J0n a nd have f-im1haiod: myself (0 With tiro ru i%; And r6o1iflon of the City of Ef segUhdb .with respect'. to preparing.aw fil 119 ths app icaticn 90d'that,1JO fbr6gping sWtern6nts h6tirt co t fne aW the lafdrhadon o dPcq!p nd p . a bed. h e 40 -re spe true' and cbrrebt: t9.th f .y opr I qw6d d 2Q Bail; STATSOF CALIFOkNlfii-, Got my --of. W.S. A)� - w. bls - ._day:of -0 in 60 fore -mevi-� - theundersignedWa 2 ry.-Publir ,and forr said.. Co5*6--a"d--' rsan whose'name , th WOW"461 m --.16. be: the Ubs�b ,qd n .A -1 `6 OM ih6t he -,b I PX!p .-Wj T-140-S .My.h4ind'andp sool MAR 9 2008 Note rPtil k And 'fqr.aafd:C wy TSjatq PLANNING DIVISION � n City of El Segundo Initial Study Applicant Questionnaire 77 of 19 EA -791; Cup 08-02 4 5 888 N SOPUIVOda Blvd. -NOT16t,ro Appucmts All app fiCa OAS' h1ust-lb . - " by. C Os W! . [in -0 :3 of th& subject pro of the names and -addresses QU' PertY Of the application. keyed to a list curren prope. bwpelts. Z Three sets of. - adhegive- . . . .. . " i mailing s with the: and- addres ses ses Of the current pro p arty a 300400t radius, the project app.icant. project` pro P6w owners interested a. r , rie, and any Other ryWhic ) the 11dant wants� notified. I *TWp.s6t$ :of. unaddressed businciss env6lOeg: with no return address*:stamped with -first clAss- of.sLOOAnt nurribe. r - t-0 �aont contact postage of erY AV , PrOlPeifY, owner, the :applicant, an Interested which. the applicant Wants-notified _-(sufficl6nt for. two mailings} . Party A C6ffjcaVoh t - h;0t1bs hanlleg Ancf.4CIdtogs". provided Aeo th6t6,ofV*1 .1 'ProP6q'ownet$`cu0`ehtIY listed t Jbit taVail�t.bl'e'7,"a"x.Ags6g's&- - - ' 6 )joa if in s r600rdt;, ffbur. earIng. may. delay ve'nuMber Of notices ai --i* tP.000L T . i , I 4401 All ax ayi P400 qitYi 3,1616 .,.n,d'. Wit ow Signal. Aff, Thirteso sets of plans : and el6vaflons,p plus one set: set fo3(} "x4 "� Submit c�rr yr three sets `uvith initial submittal. r pu.blic presentafion', :not t6 'exceed Ail plans Must be - olded-to a Osu M ly a. .Orl `..'.'b.0j.1ft.1.. .00roximato'.. 6' Payment of f IffinO16e.- .. noted .pii the fee 7. botographs 6fthe site : And surr p undi g . .Properties.: 8. A PralinilhatY Tittle. Report of the suojedt 'proper tY wjf6r hewc6 hstr u ct bn- . .projects only): ...0044' ?S. W lv6d.by the ",Oi�Ai#qt of :01 arrnir g And Building S :APPI!cadonf6r-"Trattic.:.MRI.gation fee Determination. i. Frsh and G'** "'D �-&dMft:foe the filing f66 Lot- arne: ocurT Ah* ies dad" N f Public .00a:�pos#h _�Oho Ali 'dd' A Y, jml: .... 0114 J.00. Tsepara A i Study . i '*6.: 4��.,:�t,6 ec 1k.'s WM- Ah Injil oo N�b.i6,6 Dec b if.1 pn*,.. 1000i. notol IM P.0 Re IRch CEQA). pot.. quitad. 6f pM Octs-, kzlre:�exernptfr ��.Q �kwh.P.'.Jlannjh for rrenffees, the cu M4 IZ: -Any other irtiarrriati ri a fern rlaa# necessary: WhO Dire Qf:P1 nNh ;OnO-'0qJj.0 0 .N 'ail -n via$ d" Title th Je taO.v ,.ared1n:accor ance.. th' subm. 'D LE P1 - MAR. 19 2008 Lj) PLANNING rJIVISION -tf'3d--" P,XPI* -"-'-' '-1 ppoo.. .M7%FhA`O V. City of El Segundo Initial Study Applicant Ques—tionnaire 18 of ig "'91; CUP 08-02 888 N Sepulveda Blvd. Date Received: 1i' I Plan her., (pdeit r"):. Signature- of El C EA Nwt --)q I Related Applicailon EA-791; CUP 08-02 888 N Sepulvedo Blvd. Fee Pa*l* d: DLea MAR 19 2008 V k 9 of .1 1 141 t " Order No.: 810065016 -X49 LEGAL DESCRIPTION PARCELS 1 AND 2 OF PARCEL MAP NO. 11008, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 123, PAGE 1 OF PARCEL MAPS, IN 'THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENT OF RECORD. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11- 17 -06) MAR 191008 J City of El Segundo Initial Study Applicant Questionnaire 2l) of 19 EA -791; CUP 08 -02 " Q 888 N Sepulveda Blvd. 1 V el Table of Contents Development Agreement Application 1 -6 888 - 892 -898 Site Plan 7 Alta Survey 8 Hotel Elevations and Renderings 9 -10 Office Parking Allocation & Tenant Profiles 11 -14 Central Parking System Management Plan 15 Proposed Parking Distribution Traffic Impact Analysis Letter 16 -18 19 :�.50 City of El Seg'undo'�'i"`- Oaev Planning and Building Safety Dept. 350 Main Street El Segundo; CA 90245 (310)524 -2344; FAX (310)322 -4167 www.else._ nda ora APPLICATION FOR A DEVELOPMENT AGREEMENT Environmental Assessment No: Development Agreement No: Date:,, t Applicant: Trammell Crow Company Name (Print or Type) , 4 Park Plaza, Suite 700 Address Irvine, California 92614 City/St/Zip Check One: Owner ■ Property Owner Trammell Crow Company Name (Print or Type) (949) 477 -4731 _ (949) 477 -9107 Phone Fax Lessee ❑ Agent ❑ (949) 477 -4731 (949) 477 -9107 Phone Fax 4 Park Plaza, Suite 700 ddrake0- Wammellcrow com Address Email Irvine, California 92614 City /St/Zip Sin ure Representative of applicant: (i.e., attorney, expeditor, etc.) Trammell Crow Company Name (Print or Type) 4 Park Plaza, Suite 700 Address (949) 477 -4731 (949) 477 -9107 Phone Fax ddrake@trammellcrow.com Email 5i Irvine. California 92614 City /Si/Zip Sig � re Arch itect/Engineer: LanQdon Wilson Architects (714) 833 -9193 (714) 833 -3098 Name (Print or Type) Phone Fax 18800 Von Karman Ave, Suite 200 rbraumelw- oc.com Address Email Irvine, CA 92612 City /St/Zip Signature Property Situated at: Assessor Parcel No 4138 - 005 -035 See attached legal (Exact legal description. Provide attachment if necessary). General Location: 888 Sepulveda Boulevard between Walnut and Maple Street Address Street/Avenue Street/Avenue Existing Zoning: CO Existing General Plan /Specific Plan: Corporate Office REQUEST: Under the provisions of City Council Resolution 3268 and Government Code Sec. 65864- 65869.5, application for consideration of a Development Agreement for the above described property, 1. Describe the proposed project in its entirety. Included information on the type of construction proposed, material to be used, and type of uses involved (i.e., bank, general office, restaurant, etc.) Provide details on square footages, heights, number of stories, number of parking spaces, etc. The project consists of the development of a 10 story or less (under 200' high) hotel containing approximately 88,859 square feet of floor area ( "net area" as allowed using a F.A.R. of .80) with the Hotel property being located at 888 North Sepulveda Boulevard, Parcel 1 of Parcel Map 11008, the "Property". A limited number of parking spaces will be provided on the hotel site with the remaining stalls being provided either below the hotel or in the existing 7 level parking structure on the same lot - as shown on the enclosed plan. The current parking operation shall also be permitted to continue providing services to existing office building at 898 Sepulveda Blvd, the proposed hotel and as permitted by AUP No. 94-6. The actual program for the 88,862 SF (net) hotel development shall be developed in conjunction with an approved hotel developer and will cover the type of construction, material to be used, hotel parking operation, size of typical rooms, food service requirements, pools, weight rooms and other guest amenities to be included in the project. Currently the Property is zoned "CO ", Corporate Office. Hotels are conditionally permitted uses in the CO Zone. However, it is understood that an Conditional Use Permit (CUP) is necessary for the hotel project. The Property currently consists of an 111,059 square foot (2_55 Acres) parcel, a portion of which is developed with an existing approximately 840 space parking structure that will remain and will provide for some of the parking for the hotel. Adjacent to the Property is Parcel 2 which includes an approximately 86,276 square foot existing office building. Lastly the Property did contain a 12 story, 149,145 square foot office building which was demolished in 2003. 2 i �J 4 2. Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and Specific Plan sections. Specifically reference the applicable General Plan and Specific Plan sections. The City's General Plan encourages the increase in commercial and professional uses such as hotels and offices and encourages innovative land development and design techniques to revitalize and upgrade commercial areas, making them part of a viable, attractive, and people- oriented commercial district. The General Plan also contemplates areas that have the flexibility to mix uses in an effort to provide synergistic relationships which have the potential to maximize economic benefits, reduce traffic impacts, and encourage pedestrian environments. The Project is wholly consistent with the intent of the General Plan. The Project will provide a commercial structure in an area surrounded by commercial uses and will add an upscale hotel which will fill a niche for quality hotel service in the area. The Project will be an innovative land development and will implement innovative design techniques including the integration of renewable technologies such as those covered by LEED guidelines. The portion of the Property on which the Hotel will be constructed is currently undeveloped. The project will therefore consist of an approximate 179 guest suites facility utilizing approximately 88,859 square foot (net) of Hotel space. The Project design is to be compatible with existing neighboring uses and is consistent with the uses in the Corporate Office land use designation. The Project will also fulfill the General Plan's goal to revitalize and upgrade commercial areas, making them a part of a viable, attractive, and people- oriented commercial district. The Project's design and development will enhance the neighborhood in the development in the area. Because the Property is located along Sepulveda Boulevard, a major commercial and transit corridor, the Project will rejuvenate this under - utilized property which currently provides few services to the City. The Project would stimulate the entire commercial corridor near the Project area, contributing to the development of a viable, attractive, and people- oriented commercial district. The Project's location offers many opportunities for mass transit with bus, shuttle services, and nearby Green Line Rail systems throughout the community reducing the reliance of personal vehicles by users of the completed project. The Property provides wide sidewalks along Sepulveda Boulevard that accommodate pedestrian travel to nearby shopping and restaurant uses, furthering the goal of creating a synergistic relationship with the community to maximize economic benefits, reduce traffic impacts, and encourage pedestrian environments. The South Bay is experiencing significant growth in the demand for hotel facilities, a growth which is greater than in the rest of Los Angeles County. The City's hotel market is supported by business travelers engaging with local industry. 3. Describe how the proposed project is compatible with the uses and regulations prescribed for the Zoning district In which it is locates. The Property is zoned .CO, Corporate Office. Though the CO zone is primarily intended to provide for the development of office projects, the Municipal Code conditionally permits hotels use in the CO zone provided that the hotel is not located West of Sepulveda Boulevard. Because the Property and proposed Hotel use is located on the east side of North Sepulveda Boulevard, it is conditionally permitted in the CO zone. Therefore the location of the hotel meets the objectives of the uses intended for the CO zone. A conditional use permit is requested as part of this entitlement application package. The 888 Sepulveda .Blvd property currently consists of an 111,059 square foot parcel, a portion of which is developed with an existing approximately 840 space parking structure that will remain and continue to providing parking for the existing office building at 892 Sepulveda, commercial parking operation and the proposed hotel. All other development standards for the Project — parking, landscaping, building height, FAR — are compatible with the CO zone. The project is therefore compatible with the uses and regulations prescribed for the CO zoning district in which the Hotel is located. The current parking 3 153 operation is also compatible with the CO zoning, with this use being covered by the Administrative Use Permit No. 94 -6 (APU No. 94-6) issued in 1994. 4. Describe how the proposed projects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties. The proposed Project is compatible with the surrounding uses and is situated to make use of the existing access point (driveway) on Sepulveda Blvd. The proposed facility shall also be designed to coordinate with the efficient use of the 7 level parking structure with a ground level access point the southeast corner of the garage reducing traffic movements out onto Sepulveda Blvd. The Property is located along Sepulveda Boulevard, a major commercial and transit corridor offering a variety of commercial and manufacturing services to the community such as banks, hotels, office, clothing, manufacturing and retail uses. The Project area therefore is mostly commercial in character. The Hotel will provide a passive commercial use similar to the neighboring office building and parking structure, and will provide a commercial use compatible with the services offered along Sepulveda Blvd. Further, the design of the Project will complement development in the immediate neighborhood in scale and style. The Project's design is intended to provide a compatible and tasteful architectural addition to the neighborhood. The style of the Project is intended to harmonize with the surrounding uses while maintaining a unique architectural style. The majority of parking for the Hotel will be located on grade or in the adjacent 7 level parking structure, making the architectural features of the Hotel facility the focal point on the Property. The Hotel shall be less than 200' in height, which is consistent with the multi -floor office buildings along Sepulveda Boulevard. These elements will therefore be compatible with features in existing structures in the immediate area. The Project will not have detrimental effects on the adjacent properties or the neighborhood. Instead, the Project allows the full development of the proposed use in a manner not detrimental to the particular area or to the public welfare. The Project will benefit the Project vicinity and the City by providing a unique commercial service, an upscale hotel use that serves the surrounding area while revitalizing the existing commercial corridor. The Hotel will utilize the site previously occupied by the 12 story, 149,145 square foot office building demolished in 2003. The Hotel represents a less intensive use of the Property than the previous office building, or the 120,610 SF (net) office building currently permitted under the 2001 Development Agreement, and will accordingly generate a lower number of vehicle trips to and from the site, resulting in less traffic congestion and less impacts on air quality than the.previous use of the Property. The existing site.is currently undeveloped and therefore does not contribute to the community._ The proposed Hotel however, will contribute to the local community by providing substantial tax revenues and hotel services in a contemporary and thoughtful facility. This project is an urban infill development project located along a commercial corridor. The Project will contribute to the well -being of the City's residents by creating a cost, energy, and transportation efficient design with tasteful architectural feature and inconspicuous parking. The project will also benefit the community by maximizing valuable land and revitalizing an underutilized portion of the City. The Project therefore improves property in the Project vicinity by stimulating development on prime property in the City.. The Property currently provides few services to the City by maintaining a partially vacant lot and a parking structure that serves an adjacent property. In contrast, the Project will benefit the community by offering quality hotel services to the vicinity while generating revenues for the City, including transit occupancy taxes. A well- designed, upscale Project that is compatible with existing neighboring uses will also enhance the neighborhood and stimulate growth and development in the area. The Project's overall compatibility with the surrounding neighborhood properties lends to the site's suitability for the Project, desirability to the public welfare, and will maximize long term property values. Lastly, as noted in AUP No. 94-6, concerning the reduction in traffic around the site, provided the current parking structure operation continues "The proposed long term public parking use will generate less traffic than the previous office use, particularly during the A.M. and P.M. peak hours, and will not have an adverse impact on the existing traffic and circulation system." fy A 4 5. Submit a scaled site plan showing the location and dimensions of all existh!g and proposed buildings, dimensions of property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections, floor plans, etc., all of existing and proposed buildings and structures. (See Plot Plan checklist). See Attached Plans 6. Attach the proposed Development Agreement. The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or declaration of land for public purposes. See Attached Draft Development Agreement NOTE: Separate Affidavits must be submitted if there are multiple owners. OWNER'S AFFIDAVIT I, We Qo►vj d I • r>AK.P_ being duly sworn depose and say that I/We The OWNER of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all aspects true and correct to the best of my /our knowledge and belief. Signatur STATE OF CALIFORNIA, County of' )ss. On this 2ou'' day of , 20 6� , before me, t e undersigned Notary Public In and for said County and State, personally appeared 7�ad�o jj—. Known to me to be the person whose name subscribe to the within Instrument, and acknowledgement to me that he /she executed the same. WITNESS my hand and official seal. rLeoR. FLANDEZ- Commbslon # 1714821 Notary Public - California Orange County M yComm, EspNrs,lon b, 201 i r 5 1r �J AGENT AUTHORIZATION I hereby authorize to act for me in all matters relevant to this application. I understand that this person will be the primary contact on the project and will be sent all information and correspondence. Owner's Signature AGENT AFFIDAVIT Date I, We the undersigned, depose and say that (I am/We are the AGENT(S) of the property involved in this application and that (I/We) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information documents and all plans attached hereto are in all aspects true and correct to the best of my /our knowledge and belief. Applicant's Signature Date SEPULVEDA I� I� t f � � i�7 m r r X O n O 3 a 00 kD N N m C r m v D D Z n Ln c c �o m P _..eZIF JL y T r r 0 9 r 159 3 R r r C", z c c D a L.4 R Z C r R c z c_ R r C R R r c z 3 rr z rn ! r � m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 898 Sepulveda: Tenant Size and Parking Allocation Parking Suite Tenant Sq. Feet Rights 100 Ndoors 5,698 20 175Y Vacant NA 200 Applied Underwriters 6,724 18 250 PACE 3,566 12 300 Tech Empowerment 3,992 16 315. D NA 325 G. Chung & Assoc 3,202 11 350 Vacant I F 19642 1 NA`._1 I 400 450 465 475 500 600 700 725 750 800 825 850 Haagen Ind. Brokerage Computer Profs. Northwood Properties Rapid 7 DFDS Transport Pac Global Allana Buick & Bers First Industry Realty EBSCO Sand Design KDM Systems * as -of 10/31/2008 4,741 16 3,100 11 1,649 7 1,622. 7 11,154 39 11,190 45 3,424 12 3,022 11 4,748 21 8,523 59 1,222 5 1,490 5 ti ,� 898 N. Sepulveda Office Tenant Profiles NDoors NDoors is a Korean based online gaming and content provider founded in 1999. NDoors reached international success with global hits including GoonZu, KoongPa, Atlantica and TimeNTales. NDoors has won a variety of gaming and design awards in Korea, China and the US. hftp://www.ndoors.com/kor/ ADWIled Underwriters Applied Underwriters is a premier workers' compensation and financial services company and a leader in the field of integrated workers' compensation solutions. Applied Underwriters, which was founded in 1994, works specifically with small and medium sized companies. The firm has headquarters in San Francisco. http: / /www.applieduw.com/ PACE Pace is a leading technology developer for the global pay TV industry. The Company's main focus is on creating intelligent and innovative products and services that benefit customers and fuel the development of digital TV. Pace is a publicly traded company with US headquarters in Boca Raton, Fla. http: / /www.pace.com /americas /home /index.asp Tech Empower TechEmpower is a software solutions firm specializing in el-earning, ePerformance and web development. Tech Empower offers digital consulting services to clients including Fortune 500 companies. Tech Empower was founded in 1997 and is headquartered in El Segundo. hftp://www.techempower.com/core/ Georae Chuana & Associates George Chuang and Associates is a small privately held legal office that specializes in insurance law, No website. Haagen Haageo LLC was founded in 1997 and is headquartered in EI Segundo, Ca. Haagen Co Llc's line of business is real estate agent/manager. Website under construction ib Ind. Brokerace Independent Brokerage is a privately held shipping, freight forwarding and 3'd party logistics firm based out of El Segundo, Ca. No website. Rydek Computer Professionals Rydek Computer Professionals is a professional staffing agency that services both Employers and Job Seekers. The company was founded in 1997 and has a specialty in high tech business applications. Rydek staffs nationally but has headquarters in El Segundo, Ca. http: / /www.rydek.com Northwood Properties Northwood Properties is a real estate development, redevelopment, building. management and project management company that acquires, renovates, and manages a portfolio of industrial and office properties. Northwood has investments across the US and is based from El Segundo, Ca. http: / /northwoodprops.com/ Rapid 7 Rapid 7 provides vulnerability management, risk assessment and policy compliance solutions that help companies understand their IT environment and ensure their networks are not compromised. Rapid 7 was founded in 2000 and is headquartered in Boston, Ma with West Coast offices in El Segundo, Ca. http://www.rapid7.com/ DFDS Transport DFDS is a subsidiary of the publicly traded Dutch form DSV which specializes in end -to -end transport and logistics services. The El Segundo offices has a specialty in Air and Sea services. http: / /www.dsv.com Pac Global Pac Global Inc was founded in 1973 as a manufacturers' representative for printed circuit boards. Pac Global provides sales, applications and service support. They have 6 offices including El Segundo, Ca. http: / /www.pac- global.com/ Mang Buick & Bers Allana Buick & Bers is an architectural - engineering firm specializing in roofing, waterproofing and energy efficiency consulting services. ABBAE works on new construction, rehab and repairjobs all across the West Coast. Headquartered in Palo Alto, ABBAE has IA offices in El Segundo, Ca. http: / /www.abbae.com/ i 6 01 First Industrial Realty First Industrial Realty Trust is an established REIT and owner of industrial real estate serving customers worldwide, First Industrial Realty Trust buys, sells, leases, develops and manages industrial real estate, providing real estate solutions for every stage of the industrial- supply chain Founded in 1994, First industrial has offices all around the globe including El Segundo, Ca. http: / /www.firstindustrial.com/ EBSCO EBSCO has served the library industry for more than 60 years. EBSCO provides customers with an integrated service that combines reference databases, subscription management, online journals, books, linking services and A -to -Z solutions. Clients include Universities, K -12, Libraries, Hospitals and Government Institutions. EBSCO is headquartered in Ipswich, Ma with offices across the globe including El Segundo, Ca. hftp://www.ebscohost.com Sand Desian Sand Design is an interior design firm that specializes in hotels, restaurants and condominium projects. Sand Design has projects around the country but is based from El Segundo, Ca. http: / /www.sanddesign.com/ KDM Systems KDM Systems was founded in 2002 to provide technical and programmatic support for national security customers to support mission - critical activities. KDM has offices in Virginia and El Segundo, Ca. hftp://www.kdmsystems.com/ ib' � 1 Central I Parking System TO: City of El Segundo Planning Department FROM: Jerry Skillett, Western US VP SUBJECT: 892 N. Sepulveda Management Plan DATE: November 16, 2008 The parking operation at 892 North Sepulveda Boulevard will be professionally managed as a multi -use parking facility. Central Parking System can guarantee a minimum of 4 spaces per 1,000 SF (approximately 350 stalls) for 898 Sepulveda office tenants and approximately 180 additional spaces for the guests, employees and visitors of the proposed 888 Sepulveda hotel. The residual parking stalls will be utilized for long -term park and ride users as space becomes available. The pledged office parking is nearly 20% above current use, allowing flexibility for more intense parking tenants such as a Medical Office. It will be Central Parking System's responsibility to ensure that office building tenants, hotel guests and visitors always have available lower level parking in the facility. Office and hotel users will have top priority parking and will never be turned away. While the hotel is being developed, the facility will continue as currently operated, with efficiency and service improved by Central Parking's management expertise. Once the hotel opens, the park and ride operation will be scaled back to accommodate the hotel demand. We envision that the shuttles currently utilized by the park and ride will eventually be used in a shared shuttle program with the hotel. This will maintain the shuttle trips at their current levels after the hotel opens, mitigating additional traffic concerns. Our 30+ years of experience across the country shows us that the hotel will be at peak occupancy during the business week and at a lower occupancy during the weekend which complements the park and ride operation which peaks during the weekend. Once the hotel development is completed, the park and ride operation will be reduced in scale to accommodate the hotel's additional demand. Central Parking has successfully managed a very similar operation at the Sheraton LAX, where the City National Bank Building, Sheraton Hotel and Easy Park successfully coexist. Central Parking System is the largest parking operator in the United States with over 2,400 facilities and $1.3 Billion dollars under its management. We look forward to upgrading the look, feel and service of the 892 Sepulveda facility. Furthermore we look forward to engaging the City of El Segundo as a business partner and as a member of the community. 165 EXISTING USE 892 SEPULVEDA BLVD. PARKING OPERATOR 888 SEPULVEDA BLVD. HOTEL 898 SEPULVEDA BLVD. "° m° OFFICE (PROJECTED) TOTAL PROPOSED-USE- ( 52% REDUCTION 310 FROM CURRENT LEVELS) 180 350 m 892 SEPULVEDA BLVD. PARKING STRUCTURE SECTION TRAMMELL CROW COMPANY O 10 � .o LANCDON SCALE: I' - a• WILSON AtlONIT{ {itl {{ tLA1011 INT { {10 {A ®CopyripM 2008 lenptlon WYwn 1 I. A I• I/ A l 1 /'Y rb3 1 a i I i� i I I I i i" a i I ! i II 1 t � i i 0 ilt � 0 a a I I Q W F- U F- y U � Z Y C C K li - - -7 a i i Qo o 3Ad inNldM ? a - - - - a - L — — — co CL r IL zz; rL z3 v U a 0 W U H cn 0 Z Y fY Q a h� a I w I— U H N C� _Z Q a 0 U j O � U J J W N � I e e e� N m 0). < 00 � 1 City of El Segundo November 20, 2008 City Hall 350 Main Street El Segundo, 90245 California Re: 888 Sepulveda Hotel Development Traffic Impact Reduction Sirs, Based on earlier discussions with the City of El Segundo Planning Department Staff, a preliminary traffic analysis was undertaken to better understand the reduction in traffic impact if a hotel is developed at 888 Sepulveda verses the originally approved office project. For the purposes of this analysis the base case shall be a 120,610 SF Net office building (2001 Development Agreement) compared to a 179 room hotel (traffic load factors are based on the number of rooms, not square footage - for a hotel facility). To advise our firm in this matter, Nathaniel Behura, a traffic engineer and President of Transportation & Energy Solutions, Inc. (TES), analyzed the ITE Trip Generation Handbook and came to the following concussions: During peak traffic periods, the office building will generate 187 morning trips entering the facility and 179 evening trips exiting per hour. The 179 Room hotel will generate 100 morning trips and 109 trips exiting the facility, during the evening peak period. The peak traffic numbers do not take into account the substantial reduction in trips generated, by the hotel, due to the operation of the parking shuttle system which will be operated by the Parking Structure Operator. It should therefore be assumed that if a minimum number of guests use the shuttle system, the numbers listed would be reduce another 15% (85/93 trips at peak periods). It is further estimated that the Parking Operation would add another 18 vehicles per hour (calculation based on approximately 310 cars using the excess parking structure capacity with an average stay of three days with 1 shuttle serving the hotel and parking operation arriving and departing every 10 minutes) increasing the revised peak traffic impact number to 103/111 trips at peak periods. Based on these assumptions the hotel/parking operation would therefore represent a 45% reduction in peak traffic impact in the morning and a 38% reduction.in the evening peak traffic period over the currently approved office facility. Additional analysis may be performed once a hotel operator is selected however, based on this preliminary review, the impacts on public streets and traffic will be greatly reduced if a hotel project, similar to our request, is approved in combination with a parking structure which uses a shuttle operation as proposed at 888 & 892 Sepulveda Blvd. Please contact me if there are any questions concerning this matter. Yours truly, n David J. Drake 4 I Senior Vice President Trammell Crow Company 4 Park Plaza, Suite 700 • Irvine, CA 92614 6 �� (949) 477 -4700 • (949) 477 -9107 fax www.trammelicrow.com El Segundo Hotel Economic Benefit Analysis TOT (Bed Tax) Revpar (Nightly Rate) Number of Rooms Occupancy Days Per Year Total* 8.00% $145.00 179 80% 365 $606,309 Sales Tax F d 8 (per room) 8.25% $26.84 179 80% 365 $115,737 Existing Value Existing Incremental Property Tax Property Tax (Undeveloped) Future Value (Hotel) Property Tax Future Proprty Tax (6.4% for El Segundo) 1% $4,500,000.00 $50,000,000.00 $45,000.00 $500,000.00 $29,120 Annual Benefit to City 1 $751,166 Total over 10 Years I $7,511,858 Number of New Fulltlme Jobs Average Salary Total New Payroll• 40 $35,000.00 $1,4001000 Recreation / Sporting / Additional Direct Restaurants Tours/Sightseeing Incidental Retail Stores Transportation Spending`" $49.55 $5.40 $11.73 $28.29 $22.77 $6,154,034 Projected revenues, occupancy and payroll collected from prospective hotel partners. - Additional Spending projections are a loose approximation, borrowed from a consulting report completed by HVS for Hilton Hotels in Feb. 2008. �t7 V EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of a $2,800,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program. RECOMMENDED COUNCIL ACTION: 1. Accept a grant from the Federal Aviation Administration (FAA) in the amount of $2,800,000; 2. Authorize the Mayor to execute the FAA Grant Agreement; and /or 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Potential Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: James S. O'Neill, Program Manaeinand REVIEWED BY: Greg Carpenter, Director of Pl Building Safety* APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: On February 10, 2009, City staff was notified by the Federal Aviation Administration (FAA) that it had received additional noise discretionary funding and that $2,800,000 was available for the City of El Segundo. The funding is conditional upon the City providing an application for funding, which staff will have completed by the date of the City Council meeting, and the City executing a grant agreement no later than February 23, 2009. Due to the late notice, a formal grant offer was not available to attach to the staff report, as is typical of other grants received from the FAA. The offer is in keeping with previous terms and conditions of previous FAA grants accepted by the City. To date, the City has received fifteen (15) FAA grants totaling $34,808,880 and this would be the City's sixteenth (16th) FAA grant, bringing the total to $37,608,880. Staff recommends that the City Council accept the FAA Grant Agreement to continue the Residential Sound Insulation (RSI) Program. To date, the City has completed RSI Improvements on 894 homes. This new grant will be used after current FAA grants and the third LAWA grant have been expended and is expected to help fund approximately improvements for approximately 70 homes to be included as part of Groups 38 -51.