2011 MAR 15 - CC PACKETAGENDA
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, MARCH 15, 2011 — 5:00 P.M.
Next Resolution # 4716
Next Ordinance # 1459
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.
01
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matters
1. City of EI Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
City Negotiators /Representatives: Eric Middleton (Recruiting Consultant) and Mark
Hensley, City Attorney
Unrepresented Employee: City Manager Candidate
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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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, MARCH 15, 2011 - 7:00 P.M.
Next Resolution # 4716
Next Ordinance # 1459
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
00'
PRESENTATIONS
a. Chevron Products Company announces their sponsorship of the 2011 "Summer
of Celebration" Special Event Series including the Fourth of July Community
Celebration and Fireworks Spectacular, Concerts in the Park, and Shakespeare
by the Sea, and presents a donation check.
b. Recognition of the Bettye Poland the 2011 Outstanding School Crossing Guard of
the Year
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 open a public hearing and receive
testimony regarding: 1) an Environmental Assessment (EA No. 911), and 2)
a Development Agreement Amendment (DA No. 11 -01 (First Amendment to
Development Agreement No. 00 -02)) to allow an 88,847 square -foot office
building at 888 -898 North Sepulveda Boulevard. Applicant: Realty
Associates Advisors, LLC. (Fiscal Impact: $150,000 - $228,000 Contribution
to improvements of Sepulveda Boulevard and to other public benefits).
Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduce and
waive first reading of an Ordinance approving Environmental Assessment EA
911 and adopting Development Agreement No. 11 -01 (First Amendment to
Development Agreement No. 00 -02); (4) Schedule second reading and adoption
of the Ordinance on April 5, 2011; (5) Alternatively, discuss and take other
possible action related to this item.
4 04
2. Consideration and possible action to open a public hearing and receive
testimony regarding: 1) an Environmental Assessment for a Categorical
Exemption; and 2) a Zone Text Amendment amending the El Segundo
Municipal Code ( "ESMC ") as it relates to nonconforming buildings and
structures and to allow administrative adjustments for nonconforming
buildings for incidental life safety repairs or upgrades and reasonable
access accommodations for persons with disabilities. Applicant: City
Initiated (Fiscal impact: None)
Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduce and
waive first reading of an Ordinance for Environmental Assessment No. EA 862
and Zone Text Amendment No. 10 -02; (4) Schedule second reading and
adoption of Ordinance on April 5, 2011; (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.
3. Warrant Numbers 2581264 to 2581453 on Register No. 11 in the total
amount of $455,275.53 and Wire Transfers from 2/18/11 through 3/04111
in the total amount of $672,813.30.
Recommendation — Approve Warrant Demand Registers 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.
4. Regular City Council Meeting Minutes of March 1, 2011.
Recommendation — Approval.
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5. Consideration and possible action regarding the approval of a
Memorandum of Agreement with the Regional Terrorism Information
Integration System (RTIIS) participating agencies for El Segundo's
continued participation in the Los Angeles Regional Integrated Law and
Justice Project and authorize the City Manager to execute the
appropriate documents. Additionally, authorize funding to configure and
merge CopLink data to the Tiburon Records Management System (RMS).
(Fiscal Impact: $51,000)
Recommendation — (1) Authorize the City Manager to execute an amended
Memorandum of Agreement, approved as to form by the City Attorney,
between the City of El Segundo and RTIIS; (2) Authorize the use of previously
identified and approved monies from the equipment replacement fund to pay
the costs necessary to configure and merge police COPLINK data from the
West Covina Service Group RMS to the Tiburon RMS in an amount not to
exceed $50,910; (3) Alternatively, discuss and take other action related to this
item..
6. Consideration and possible action regarding authorization for the Police
Department to replace two Crown Victoria K9 patrol vehicles with new
Ford Crown Victoria cars piggybacking on an existing Los Angeles
County Sheriffs Department contract (Fiscal Impact: $66,400
Recommendation — (1) Authorize the Police Department to replace two Ford
Crown Victoria vehicles, currently overdue for replacement in the equipment
replacement fund, with new Ford Crown Victoria cars; (2) Pursuant to El
Segundo Municipal Code 1 -7 -10, waive the bidding process authorizing staff to
issue a purchase order piggybacking an existing Los Angeles County Sheriffs
Department contract to purchase and outfit two Ford Crown Victoria in an
amount not to exceed $66,400; (3) Alternatively, discuss and take other action
related to this item.
7. Consideration and possible action regarding a request from non - profit
organization, Broadway in the Park, to waive the facility rental fees
associated with a multi -day special event taking place July 24, 2011,
through August 1, 2011, at the Softball Field in Recreation Park. (Fiscal
Impact: None)
Recommendation — (1) Approve the fee waiver request from "El Segundo
Broadway in the Park" for the amount of $2,178; (2) Alternatively, discuss and
take other action related to this item.
8. Consideration and possible action regarding approval of the examination
plan for Fire Equipment Mechanic Fiscal Impact: None.
Recommendation — (1) Approve the proposed Examination Plan for Fire
Equipment Mechanic; (2) Alternatively, discuss and take other action related to
this item.
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9. Consideration and possible action to authorize the City Manager to
execute a professional services agreement with Nexus I.S. in the amount
of $75,000 to provide technical support for current projects in the
Information Systems division (Fiscal Impact $75,000)
Recommendation — (1) (1) Authorize the City Manager to execute a
professional services agreement with Nexus I.S. in the amount not to exceed
$75,000; (2) Alternatively, discuss and take other action related to this item.
10. Consideration and possible action to award a standard Public Works
Contract to Kalban, Inc., for the 2010 -2011 annual contract for curb,
gutter, sidewalk and other minor improvements at various locations
citywide. Approved Capital Improvement Program. Project No.: PW 11 -01
(Fiscal impact: $46,997.86 Gas Tax Funds
Recommendation — (1) Authorize the City Manager to execute a Standard
Public Works Contract in a form as approved by the City Attorney with Kalban,
Inc., in the amount of $46,997.86; (2) Alternatively, discuss and take other
action related to this item.
11. Consideration and possible action regarding a new Alcoholic Beverage
Control (ABC) license for on -site sale and consumption of alcohol (Type
41 Alcoholic Beverage Control License) at a new restaurant (Ragin
Cajun) located at 2005 Park Place # B -2 (Fiscal Impact: N/A
Recommendation — (1) Receive and file this report without objecting to a new
Type 41 ABC license at 2005 Park Place # B -2; (2) Alternatively, discuss and
take other possible action related to this item.
12. Consideration and possible action regarding the approval of a
Professional Services Agreement with RBF Consulting, to provide
environmental review services pursuant to the California Environmental
Quality Act (CEQA) for the Raytheon El Segundo South Campus Specific
Plan Project. (Fiscal Impact: up to $473,628 Developer Reimbursed Trust
Fund)
Recommendation — (1) Approve a budget appropriation of up to $473,628 to
provide environmental review services; (2) Authorize the City Manager to
execute a Professional Service Agreement for environmental review services
approved as to form by the City Attorney in an amount not to exceed
$473,628; (3) Alternatively, discuss and take other possible action related to
this item.
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CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
13. Consideration and possible action regarding acceptance of a grant from
the Federal Aviation Administration (FAA) of up to $5 Million to be used
for the Residential Sound Insulation (RSI) Program.
Recommendation — (1) Accept a grant from the Federal Aviation
Administration (FAA) of up to $5,000,000; (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
Council Member Fuentes —
Council Member Brann —
Council Member Jacobson —
Mayor Pro Tern Fisher —
Mayor Busch —
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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: / r
TIME:
u D P �'
NAME: f / r
9 09
PRESENTATIONS
a. Chevron Products Company announces their sponsorship of the 2011
"Summer of Celebration" Special Event Series including the Fourth of July
Community Celebration and Fireworks Spectacular, Concerts in the Park,
and Shakespeare by the Sea, and presents a donation check.
PRESENTATIONS
b. Recognition of the Bettye Poland the 2011 Outstanding School Crossing
Guard of the Year
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to open a public heating and receive testimony regarding: 1)
an Environmental Assessment (EA No. 911), and 2) a Development Agreement Amendment
(DA No. 11 -01 (First Amendment to Development Agreement No. 00 -02)) to allow an 88,847
square -foot office building at 888 -898 North Sepulveda Boulevard. Applicant: Realty
Associates Advisors, LLC. (Fiscal Impact: $150,0004228,000 Contribution to improvements of
Sepulveda Boulevard and to other public benefits).
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing;
2. Discussion;
3. Introduce and waive first reading of an Ordinance approving Environmental Assessment EA
911 and adopting Development Agreement No. 11 -01 (First Amendment to Development
Agreement No. 00 -02);
4. Schedule second reading and adoption of the Ordinance on April 5, 2011; and/or
5. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Ordinance and Exhibits
2. Draft First Amendment to Development Agreement No. 00 -02
3. Draft First Amendment to Development Agreement No. 00 -02 (strike- out /underline
version)
4. Planning Commission Staff Report Dated February 24, 2011 and Attachments
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, Planning n Building Safety Director,
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
I. Background
The subject site (888 -898 North Sepulveda Boulevard) is approximately 2.55 acres and
generally located at the southeast corner of Sepulveda Boulevard and Walnut Avenue
within the Corporate Office (CO) Zone. The subject site is currently developed with an
840 -space parking structure (892 North Sepulveda Boulevard), which provides the
required parking for an office building on the adjacent lot at 898 North Sepulveda
Boulevard. The parking structure also provides parking spaces for an interim airport
parking use ( "Park and Ride" business), which was permitted by the original
Development Agreement and an Administrative Use Permit.
In 2001, the City entered into a ten -year Development Agreement (DA 00 -02) to allow
construction of a new office building at 888 North Sepulveda Boulevard on the same lot
as the parking structure. The agreement provided for a financial contribution to the City
and allowed the "Park and Ride" business to remain until construction of the new office
building was completed. The main provisions of the original development agreement
are:
A. The Development Project description. The project would involve construction of a
six -story office building consisting of a maximum of 120,610 square -feet with a
Floor Area Ratio ( "FAR ") of 1.086. Parking for the office building would be
provided in the existing parking structure, with an additional 17 surface parking
spaces.
B. Exceptions to Development Standards.
i. The existing "Park and Ride" business approved on an interim basis (EA No. 356,
and AUP No. 94 -6) would be discontinued after construction of the office
building and issuance of a Certificate of Occupancy for the first tenant
improvement.
ii. The project would be allowed to provide only two loading spaces measuring 13
feet by 30 feet, instead of the required three spaces measuring 13 feet by 50 feet.
C. Benefits to the City. The Developer agreed to contribute to the City the sum of
$150,000 for the cost of landscaping, median, visual, and other improvements to
Sepulveda Boulevard in the vicinity of the Site.
The full text of the existing development agreement is provided in Exhibit 4 as an
attachment to the Planning Commission staff report.
The property owner has been unable to complete the development project agreed to in the
original development agreement due to changes in the market demand for office space
and the overall economic conditions in the last few years. The property was recently sold
to the applicant, Realty Associates Advisors, LLC. The applicant is requesting the
proposed amendments to allow more time to pursue development of the property. The
proposed amendments will ensure that development of the site will be consistent with the
City's current development standards and the City will gain a larger financial benefit. As
an alternative to the proposed office building, the property owner has expressed interest
in seeking approval of a hotel development on this site, including a permanent airport-
parking component. This concept was the subject of City Council discussion on February
17, 2009. At the time, the Council directed the property owner to submit a full
application for an Environmental Assessment, a Development Agreement Amendment,
and a Conditional Use Permit for a hotel development.
The existing development agreement will expire on April 19, 2011. For this reason, the
applicant has requested an amendment to the development agreement to extend its
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duration by five years and to modify certain of its provisions. The proposed amendment
would:
A. Extend the duration of the agreement by five years until March 20, 2016;
B. Limit the size of the office building to 88,847 square feet (net floor area) and the FAR
to 0.8, which is the current limit in the CO Zone.
C. Increase the potential height of the office building to 10 stories or less, but less than
the maximum height limit of 200 feet which is consistent with the current CO Zone.
D. Modify the truck loading requirements to be consistent with current El Segundo
Municipal Code standards.
E. Retain the public benefit contribution to the City of the sum of $150,000 for the cost
of landscaping, median, visual and other improvements to Sepulveda Boulevard.
F. Increase the public benefit contribution to the City by adding yearly payments of
$12,000 for the first two years and $18,000 for the next three years, commencing on
the effective date of the proposed Development Agreement Amendment and paid
annually thereafter unless a building is constructed or the Development Agreement is
further modified in the future.
G. Allow the interim airport parking use ( "Park and Ride ") business to continue on an
interim basis until completion of construction and issuance of a Certificate of
Occupancy for the proposed office building.
The specific language of the development agreement is attached (Exhibits 2 and 3).
II. Analysis
General Plan and Zoning Consistency
The El Segundo General Plan land use designation for the subject site is currently
Corporate Office and the Zoning designation is Corporate Office (CO). The proposed
amendment is consistent with both designations in that the proposed use is permitted in
the CO Zone and the office building would be developed in accordance with the CO
Zone development standards. Furthermore, the proposed amendment and office
development are consistent with the General Plan Land Use and Economic Development
Goals regarding the City's employment and tax base. These goals are discussed in more
detail in Planning Commission Resolution No. 2688 (Exhibit 4).
Environmental Review
The City previously adopted a Mitigated Negative Declaration for the proposed project
pursuant to the requirements of the California Environmental Quality Act ( "CEQA "),
California Public Resources Code §§ 21000, et seq. In accordance with CEQA
Guidelines § 15162(a), a new environmental document is not required for the proposed
extension of the term of the Development Agreement since the proposed project does not
involve substantial changes that will require major revisions to the previous Mitigated
Negative Declaration, and will not result in a significant impact to the environment or
require new mitigation measures.
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The proposed amendment is consistent with the certified Mitigated Negative Declaration
(Exhibit 4) in that the proposed development will remain the same as in the original
development agreement. The Mitigated Negative Declaration proposed mitigation in the
areas of Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous
Materials, Hydrology and Water Quality, Public Services, and Utilities and Service
Systems, which would reduce the impacts to less than significant. None of the elements
set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exist since the
proposed changes would not result in a new significant impact to the environment or
require new mitigation measures. Accordingly, no subsequent or supplemental
Environmental Impact Report, Mitigated Negative Declaration or Addendum is required
to be prepared before adopting the draft Ordinance approving the proposed amendment.
Planning Commission Action
At its February 24, 2011 meeting, the Planning Commission reviewed the matter,
considered the public testimony, and recommended to the City Council approval of
Environmental Assessment No. EA -911 and Development Agreement No. 11 -01. The
applicant indicated agreement with Staff's report and that he was available to respond to
questions from the Commission. No other members of the public spoke at the Planning
Commission meeting or submitted any written correspondence regarding this matter.
III. Recommendation
Planning Division Staff recommends that the City Council introduce and waive first
reading of the attached draft Ordinance to approve Development Agreement No. 11 -01
(First Amendment to Development Agreement No. 00 -02). Second reading and adoption
of the Ordinance would occur on April 5, 2011.
PAPlanning & Building Safety \0 Planning - Old\PROIECTS (Planning) \901- 925\EA- 91 1 \City Council 0315201 I\EA 911 CC staff report
03152011.doc
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ORDINANCE NO.
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 00 -02
BETWEEN REALTY ASSOCIATES ADVISORS, LLC, AND THE CITY
OF EL SEGUNDO AFFECTING A PROPERTY LOCATED AT 888 -898
NORTH SEPULVEDA BOULEVARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On March 20, 2001, the City Council of the City of El Segundo approved
Environmental Assessment No. 535, Development Agreement No. 00 -02,
and General Plan Amendment to allow the development of an office
building at 888 North Sepulveda Boulevard;
B. On February 8, 2011, the applicant, filed an application for an amendment
( "First Amendment ") to Development Agreement No. 00 -02;
C. The application from Realty Associates Advisors, LLC was reviewed by
the City's Planning and Building Safety Department for, in part,
consistency with the General Plan and conformity with the El Segundo
Municipal Code ( "ESMC ");
D. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal.
Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for February 24, 2011;
F. The Planning Commission held a public hearing regarding the application
on February 24, 2011. Thereafter the Planning Commission adopted
Resolution No 2688 recommending that the City Council amend
Development Agreement No. 00 -02; and
G. On March 15, 2011, the Council held a public hearing and considered the
information provided by the Planning Commission, City Staff, public
testimony, and representatives of the applicant Realty Associates
Advisors, LLC; and
H. This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its March 15, 2011, public hearing
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Exhibit 1
including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Environmental Assessment. The City Council previously certified a
Mitigated Negative Declaration for the proposed project pursuant to the requirements of
CEQA. In accordance with CEQA Guidelines § 15162(a), a new environmental
document is not required for the proposed extension of the term of the Development
Agreement since the proposed project does not involve substantial changes that will
require major revisions to the previous Mitigated Negative Declaration, and will not
result in a significant impact to the environment or require new mitigation measures.
SECTION 3: Amendments to the Development Agreement. Development Agreement
No. 00 -02 is amended in its entirety as set forth in attached Exhibit "A," which is
incorporated into this Ordinance by reference.
SECTION 4: 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 5: This Ordinance will remain effective until superseded by a subsequent
ordinance.
SECTION 6: 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.
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SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED, APPROVED AND ADOPTED this day of April 2011.
Eric Busch, 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 March 2011, 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 April 2011, 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
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\901-925\EA-91 1 \City Council 03152011 \EA -911 draft
Ordinance 03152011.doc
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EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
REALTY ADVISORS ASSOCIATES, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20TH day of March
2011, by and between the CITY OF EL SEGUNDO, a City in the State of California
( "City "), and REALTY ADVISORS ASSOCIATES, LLC, a Delaware limited liability
company (the "Developer "). In consideration of the mutual covenants and agreements
contained in this 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 §§ 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 comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly
known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N.
Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N Sepulveda Boulevard
is improved with an eight (8) - 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 -1" attached hereto. Currently, 888 N. Sepulveda Boulevard is vacant.
The property was formerly improved with a twelve (12) -story, one hundred forty
thousand (140,000) square foot office building, which had been vacant for
approximately ten (10) years, that contained asbestos and required extensive
retrofitting. The building was demolished in 2002. 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 Exhibit "A -2" attached hereto.
C. The Parties desire to enter into this Agreement in conformance with
the Government Code and the 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 construct an office building ten (10)
stories or less, but not to exceed 200 feet in height, consisting of a maximum of one
eighty eight thousand eight hundred and forty seven (88,847) square feet with a Floor
Area Ratio ( "FAR ") of 0.8. Parking for the new office 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." All parking required for Parcel
must be provided on Parcel 2.
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 Project in accordance with the "Applicable
Rules" (as hereinafter defined), as modified by this Agreement. In consideration
thereof, Developer agrees to waive its rights to legally challenge the limitations and
restrictions imposed upon the development of the Property pursuant to the Project
approvals and this Agreement and to provide the public benefits and improvements
specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission
and City Council of the City 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 and the surrounding
region. The City has specifically considered and approved the impact and benefits of
this Project upon the welfare of the region.
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 uncertainty in planning and provides for
the orderly development of the Project, and generally serves the public interest within
the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it
anticipates that the Project, once completed, will replace vacant property with an
attractive structure acting as a gateway and landmark for the northern portion of the
City.
2. Definitions. 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, permitted 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
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by the City and the conditions imposed by this Agreement and the Project's
Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision, and which contemplate and
authorize the imposition of revisions or conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City, in the
process of approving or disapproving a particular activity, as distinguished from an
activity which merely requires the City, including any board, commission, or department
of the City and any officer or employee of the City, to determine whether there has
been compliance with applicable statutes, ordinances, regulations, or conditions of
approval.
(c) "Effective Date" means 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 criteria applicable to the Project and Site. The parties
intend the development of the Project and the Site to be subject to Subsequent
Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this
Agreement.
(e) "Zoning Ordinance" means the zoning regulations set forth in in
the El Segundo Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The Developer represents to the City that, as of the
Effective Date, it owns the 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, run with the land comprising the Site and are binding upon and inure to the
benefit of the parties and their respective assigns, heirs, or other successors in interest.
5. Negation of Agency. The Parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith is construed as making the City and Developer joint
venturers, partners or employer /employee.
6. Development of the Property. The following specific restrictions 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) Permitted Uses of the Property. Nothing set forth in this Agreement
may 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 are
provided in the Applicable Rules, as modified by subsection (f) herein below;
(b) Density and Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project are set forth in
this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and
Developer agree that the maximum height and size of the building proposed for the
Project are set forth in this Agreement.
(d) Development Standards. All design and development standards
applicable to the development of the Project must comply with the Applicable Rules, as
modified by subsection (f) herein below, the conditions of the Discretionary Approvals
as adopted, amended or modified in the future by mutual consent. The sole exactions,
conditions, and mitigation measures to be required for the Project are those contained
in the Applicable Rules, the conditions imposed by the Project's Discretionary
Approvals, and this Agreement.
(e) Adherence to Building Code. All construction on the Property must
adhere to the model codes adopted by reference in the ESMC in accordance with
California law 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 ").
(f) Extension of Interim Approval for Airport Park and Ride. The
Developer may 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 is permanently revoked and the use
must 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 does not trigger such
revocation.
7. Acknowledgements, Agreements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful performance in
developing the Project on the Site, 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 thereof and that same is in balance
with the benefits conferred by the City on the Project and the 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. Acknowledgments. Agreements and Assurances on the Part of the City.
In order to effectuate the provisions of this Agreement and in consideration for the
Developer to obligate itself to carry out the covenants and conditions set forth in the
preceding Section 7 of this Agreement, the City hereby agrees and assures Developer
that Developer will be permitted to carry out and complete the development of the
Project within the Site, subject to the terms and conditions of this Agreement, the
conditions of the Project Approvals and the Applicable Rules, as modified by this
Agreement. Therefore, the City hereby agrees and acknowledges that:
(a) Entitlement to Develop. The Developer is granted the vested right
to develop the Project on the Site to the extent and in the manner provided in this
Agreement, subject to the Applicable Rules, as modified by this Agreement, and, should
the City make the findings set forth below in this subparagraph (a), any "Subsequent
Applicable Rules." Any change in the Applicable Rules, including, without limitation,
any change in the General Plan, any applicable Specific Plan, Zoning Ordinance,
growth management regulations, design standards or any subdivision regulation of the
City, adopted or becoming effective after the Effective Date, cannot be applied by the
City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site
by the City only if, after public hearing, (1) the City determines that the failure of the City
to apply Subsequent Applicable Rules will place residents of the City in a condition
substantially dangerous to their health or safety, which condition cannot otherwise be
mitigated in a reasonable manner and (2) it is applied consistently and evenly to all
other similar developments in the City. Subsequent Applicable Rules with regard to
increases in existing permit fees imposed by the City (i.e., fees intended to cover the
City's processing costs) and not otherwise restricted by the terms of this Agreement,
may, notwithstanding the above, be imposed on Developer.
In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance with
one or more provisions of the Agreement, such provisions of the Agreement must be
modified or suspended as may be necessary to comply with such state or federal law or
regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required subsequent to
the execution of this Agreement, the City agrees that it will not unreasonably withhold
from Developer or unreasonably condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for the development of
the Project Site to proceed unless the City determines that (1) the failure to impose such
condition would place residents of the City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be mitigated in a reasonable manner
and (2) such condition is applied consistently and evenly to all other similar
developments in the City. Moreover, in the event that a state or federal law or regulation
is enacted after this Agreement has been entered into, which would prevent or preclude
compliance with one or more provisions of the Agreement, such provisions of the
Agreement shall be modified or suspended as may be necessary to comply with such
state or federal law or regulation.
9. Vesting of Development Rights. In Pardee Construction Co. v. City of
Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of
the parties therein to provide for the timing or rate of development resulted in a after -
adopted initiative restricting the rate of development to prevail against the parties'
agreement. City and Developer intend to avoid the result in Pardee by acknowledging
and providing that Developer shall have the right, without obligation, except as
otherwise specifically set forth herein, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's
and Developer's intent, as set forth in this Section, no future amendment of any existing
City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the 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 Developer agrees to contribute to the City an
additional sum as an enhanced community benefit to be paid to the City annually for a
period of five (5) years beginning upon the effective date of this Development
Agreement. The Developer will be permitted to use any excess parking spaces for an
off -site airport parking use located in the parking structure at 892 North Sepulveda
Boulevard. The number of excess parking spaces is determined by the number of
spaces that are not required by the El Segundo Municipal Code for use by the existing
office building at 898 North Sepulveda Boulevard. The airport parking use is permitted
on an interim basis in a manner consistent with Administrative Use Permit No. 94 -6,
until a Certificate of Occupancy is issued for the proposed office building. This payment
will cease after five (5) years or on the date that a Certificate of Occupancy is issued for
the proposed building, whichever occurs first. The payment schedule is as follows:
Year 1: $12,000 (to be paid upon the effective date of this Development Agreement)
Year 2: $12,000 (due 12 months after the proceeding payment)
Year 3: $18,000 (due 12 months after the proceeding payment)
Year 4: $18,000 (due 12 months after the proceeding payment)
Year 5: $18,000 (due 12 months after the proceeding payment)
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-
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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 before the City's issuance of a Certificate
of Occupancy for the first tenant improvement associated with the Development Project,
excluding a building /management and leasing office which shall not trigger the
contribution obligation. Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate
with Developer to the fullest extent reasonable and feasible to implement this
Agreement. Upon satisfactory performance by Developer of all required preliminary
conditions, actions and payments, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation of this Agreement and
the development of the Project or Site in accordance with the terms of this Agreement.
Developer must, 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 Compliance.
(a) Periodic Review. The City Manager of the City will 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 El Segundo
Municipal Code in order to ascertain compliance by the Developer with the terms of this
Agreement.
(b) Special Review. The City Council of the City may order a special
review of compliance with this Agreement at any time but not to exceed twice per year.
The Director of Planning and Building Safety or the City Council, as determined by the
City Council, must conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer is required to demonstrate good faith compliance with the terms of this
Agreement. The burden of proof on this issue shall be on the Developer. The parties
acknowledge that failure by the Developer to demonstrate good faith compliance
constitutes grounds for termination or modification of this Agreement in accordance with
Government Code § 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement is deemed to have breached
this Agreement if it materially breaches any of the provisions of the Agreement and the
same is not cured within the time set forth in a written notice of violation from the non -
breaching party to the breaching party, which period of time cannot 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
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reasonably cure a non — monetary breach within the time set forth in the notice, then the
breaching party cannot be in default if it commences to cure the breach within such time
limit and diligently effects such cure thereafter. If the City determines to proceed with
termination of this Agreement, the City must give written notice to the Developer of its
intention to terminate this Agreement and comply with the notice and public hearing
requirements of Government Code §§ 65867 and 65868. At the time and place set forth
in the hearing on termination, the Developer must 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 of Notice of Violation. Every notice of violation must 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 is 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) Remedies for Breach. The Parties agree that remedies for breach
of the Agreement is limited to the remedies expressly set forth in this subsection. The
remedies for breach of the Agreement by City or Developer are limited to injunctive
relief and /or specific performance except in the event of a monetary default by
Developer the City is entitled to seek any remedy available to it at law or in equity.
14. Mortgagee Protection: At the same time that City gives notice to the
Developer of a breach, City must 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 must be sent by United States mail, registered or certified, postage prepaid,
return receipt requested, and are deemed received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant to this Section has the right,
at its option and insofar as the rights of City are concerned, to 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 may 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 cure within sixty (60) days after receipt of the
notice for City and thereafter diligently prosecutes the same to completion. City cannot
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 is binding and effective against the Financier and every
owner of the Site, or part thereof, whose title thereto is acquired by foreclosure, trustee
sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City may deliver written notice to the Developer
requesting that such party certify in writing that, to the knowledge of the certified party (i)
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this Agreement is in full force and effect and a binding obligation of the parties, (ii) this
Agreement has not been amended, or if amended, the identity of each amendment, and
(iii) the requesting party is not in breach of this Agreement, or if in breach, a description
of each such breach. The party receiving such a request must execute and return the
certificate within thirty (30) days following receipt of the notice. City acknowledges that a
certificate may be relied upon by successors in interest to the Developer who requested
the certificate and by holders of record of deeds of trust on the portion of the Site in
which that Developer has a legal interest.
16. Operating Memoranda and Amendments of Development Agreement
(a) Operating Memoranda. The Parties acknowledge that the
provisions of the Agreement require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the details of performance of the Parties under this Agreement. The Parties
desire, therefore, to retain a certain degree of flexibility with respect to the details of
performance for those items covered in general terms under this Agreement. If and
when, from time to time, the Parties find that refinements or adjustments are desirable,
such refinements or adjustments will be accomplished through operating memoranda or
implementation agreements approved by the Parties which, after execution, will be
attached to this Agreement as addenda and become a part hereof.
Operating memoranda or implementation agreements may be executed
on behalf of the City by the City Manager and the City Attorney. In the event a
particular subject requires notice or hearing, such notice or hearing will be appropriately
given. Any significant modification to the terms of performance under this Agreement
will be processed as an amendment of this Agreement in accordance with applicable
rules and must be approved by the City Council.
(b) Amendments. This Agreement may be amended from time to time
only upon the mutual written consent of City and Developer; provided, however, that in
connection with the transfer of any portion of Developer's rights or obligations under this
Agreement to another developer, Developer (or any assignee of Developer's rights),
such other developer and City may agree that the signature of such other developer
may be required to amend this Agreement insofar as such amendment would materially
alter the rights or obligations of such developer hereunder. In no event will the
signature or consent of any "Non- Assuming Transferee" (defined below) be required to
amend this Agreement.
(c) Minor Changes. Any change to this Agreement which does not
substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site,
(iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions
or requirements for subsequent discretionary actions, (v) the density or intensity of use
of the Project Site or the maximum height or size of proposed buildings or (vi) monetary
contributions by Developer, will, with Developer's consent, be subject to the review and
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approval of the City's city manager (the "City Manager ") and not require notice or public
hearing, except to the extent otherwise required by law.
(d) Future Development Agreements Except as otherwise consented
to by Developer, any future development agreement that may be entered into between
City and a successor or assign of Developer with respect to any portion of the Project
Site must be consistent with the terms and provisions of this Agreement.
(e) Future Approvals Do Not Require Amendments to Development
Agreement. Except as may be otherwise agreed to by the parties, no amendment of
this Agreement is required in connection with the issuance of any Discretionary
Approval. Any Discretionary Approval issued after the Effective Date will automatically
be incorporated into this Agreement and vested hereby. City will not issue any
Discretionary Approval for any portion of the Project Site unless Developer requests
such Discretionary Approval from City.
17. Term of Agreement. This Agreement becomes operative and begins upon
the Effective Date and remains in effect for a term of five (5) years, unless said term is
terminated, modified, or extended by circumstance set forth in this Agreement or by
mutual consent of the parties hereto. Following the expiration of said term, this
Agreement is deemed terminated and of no further force and effect; provided, such
termination does not automatically affect any right of the City or Developer arising from
City approvals on the Project before the expiration of the term or arising from the duties
of the parties as prescribed in this Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by
the City staff concerning the interpretation and, administration of this Agreement and the
Project which is the subject hereof are appealable to the City Council and all like
decisions by the City Council are final. However, decisions of the City Council shall also
be subject to judicial review pursuant to Code of Civil Procedure § 1094.5. so long as
such action is filed in a court of competent jurisdiction not later than ninety (90) days
following the date on which the City's decision becomes final pursuant to Code of Civil
Procedure § 1094.6.
19. Notices. All notices under this Agreement must be in writing and are
effective when personally delivered or upon the third (3rd) day after deposit in the United
States mail as registered or certified mail, postage prepaid, return receipt requested, to
the following representatives of the parties at the addresses indicated below:
If to the City: City of El Segundo
350 Main Street
E1 Segundo, California 90245
Attn: Director of Planning and Building Safety
With a copy to: Jenkins & Hogin, LLP
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1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: Realty Associates Advisors, LLC
1301 Dove Street, Suite 860
Newport Beach, CA 92660
Attn: Cliff Chandler
With a copy to: 898 Sepulveda Associates, LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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. Severability and 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 this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
21. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
22. Force Majeure. In the event of changed conditions, changes in local,
state or federal laws or regulations, floods, delays due to strikes, inability to obtain
materials, civil commotion, fire, or other circumstances which substantially interfere with
carrying out the Project, as approved by the City, or with the ability of either party to
perform its obligations under this Agreement, and which are not due to actions of
Developer and are beyond its reasonable control, the parties agree to bargain in good
faith to modify such obligations to achieve the goals and preserve the original intent of
this Agreement.
23. Waiver. No waiver of any provision of this Agreement constitutes a waiver
of any other provision, whether or not similar; nor does any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver is 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 Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement cannot be
amended, except as expressly provided herein.
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25. Relationship of the Parties. Each party acknowledges that, in entering
into and performing under this Agreement, it is acting as an independent entity and not
as an agent of any of the other Party in any respect. Nothing contained herein or in any
document executed in connection herewith may be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections
and subsections of this Agreement are for convenience of reference only, and they do
not constitute a pact of this Agreement for any other purpose or affect interpretation of
the Agreement. Should any provision of this Agreement be found to be in conflict with
any provision of the Project Approvals or the Subsequent Approvals, the provisions of
this Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the Project
Site is conclusively deemed to have consented and agreed to every provision contained
herein, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired 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 has any right of action based upon any provision of this Agreement.
29. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this
Agreement prevail.
31. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein, Developer
is released from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer and the City's sole remedy is
against the assignee or its successor or assign, provided that (i) Developer is not in
breach of this Agreement at the time of the sale or transfer and (ii) before the sale or
transfer, Developer delivers to City a written assignment and assumption agreement in
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the four attached hereto as Exhibit "C," duly executed by the purchaser or transferee
and notarized by a notary public, whereby the purchaser or transferee expressly
assumes the obligations of Developer under this Agreement with respect to the sold or
transferred portion of the Property. Failure to provide a written assumption agreement
hereunder does not negate, modify or otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing contained herein may be deemed to
grant to City discretion to approve or deny any such sale or transfer.
32. Hold Harmless. The Developer hereby agrees to and must defend,
protect, save and hold the City and its elected and appointed boards, commissions,
officers, agents and employees harmless from any and all claims, costs, losses, fines,
penalties, demands, injuries, judgments and /or liabilities for any damages arising out of,
or resulting from, the City's approval of this Agreement or either party's performance
pursuant to this Agreement; provided, however, that the Developer is not required to
indemnify the City from its negligence or willful misconduct; and further provided that the
Developer may elect to legally challenge the City's implementation or interpretation of
this Agreement.
33. Joint Preparation. This Agreement is deemed to have been prepared
jointly and equally by the Parties, and it cannot be construed against any party on the
ground that the Party prepared the Agreement or caused it to be prepared.
34. Governing Law and Venue. This Agreement is made, entered into, and
executed in the County of Los Angeles, California, and the laws of the State of
California govern its interpretation and enforcement. Any action, suit or proceeding
related to, or arising from, this Agreement must be filed in the appropriate court having
jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple counterparts,
each of which is deemed an original, but all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date first written above
CITY OF EL SEGUNDO
By: Mayor
ATTEST:
Cindy Mortesen, City Clerk
14 ' I
J
By:
Name:
Its"
15
Approved as to form:
Mark D. Hensley, City Attorney
REALTY ASSOCIATES ADVISORS, LLC,
a Delaware limited liability company
President
./
EXHIBIT A -1
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
EXHIBIT A -1 `� t
-1-
EXHIBIT A -2
Legal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
EXHIBIT A -2
-I-
EXHIBIT "B"
Description of Project
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
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 will not trigger
such revocation.
.
J c�
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this day of ,
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ( "Assignor ") and ( "Assignee ") with respect to the
following facts:
RECITALS:
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.
j
EXHIBIT "C"
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
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 PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A
DIFFERENT ADDRESS WHICH SHALL BE 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
limit or deprive a party 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 in any respect for any reason, the validity, legality and enforceability of
EXHIBIT "C"
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable 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 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 judgment arising from such action or proceeding.
(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 subject matter other than those set forth or referred to
herein.
(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.
0) 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 to the
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 any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C" `� `�
and being for the sole and exclusive 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 in separate 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 "), and 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 original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR" Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
FMIMIAM
.0
Name:
Its:
EXHIBIT "C"
EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
REALTY ADVISORS ASSOCIATES, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS E Y A MUST BE
L PARTIES RECORDED
HERETO PURSUANT TO THE
OF EXECUTIOCUTIO N B
REQUIREMENTS OF GOVERNMENT CODE §65868.5
4
Exhibit 2
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20TH day of March
2011, by and between the CITY OF EL SEGUNDO, a City in the State of California
( "City "), and REALTY ADVISORS ASSOCIATES, LLC, a Delaware limited liability
company (the "Developer "). In consideration of the
a mutual covenants follows:
agreements
contained in this Agreement, the City and Developer agree
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 §§ 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 comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly
known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N.
Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N Sepulveda Boulevard
is improved with an eight (8) - story, eighty caused to thousand
ed8and00etro retrofitted. office
building, which Developer recently c
Sepulveda Boulevard is hereinafter referred to as "Parcel 1" and is legally described
on Exhibit "A -1" attached hereto. Currently, 888 N. Sepulveda Boulevard is vacant.
The property was formerly improved with a twelve (12) -story, one hundred forty
thousand (140,000) square foot office building, which had been vacant for
approximately ten (10) years, that contained asbestos and required extensive
retrofitting. The building was demolished in 2002. 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 areAcolplercttively refekred to an d herein as "Parcel Boulevard and 892 N. Sepulveda Parcel 2",
and are legally described on Exhibit "A -2" attached hereto.
C. The Parties desire to enter into this Agreement in conformance with
the Government Code and the 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 construct an office building ten (10)
stories or less, but not to exceed 200 feet in height, consisting of a maximum of one
eighty eight thousand eight hundred and forty seven (88,847) square feet with a Floor
Area Ratio ( "FAR ") of 0.8. Parking for the new office 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
q N
hereinafter sometimes referred to as the "Project." All parking required for Parcel 1
must be provided on Parcel 2.
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 Project in accordance with the "Applicable
Rules (as hereinafter defined), as modified by this Agreement. In consideration
thereof, Developer agrees to waive its rights to legally challenge the limitations and
restrictions imposed upon the development of the Property pursuant to the Project
approvals and this Agreement and to provide the public benefits and improvements
specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission
and City Council of the City 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 and the surrounding
region. The City has specifically considered and approved the impact and benefits of
this Project upon the welfare of the region.
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 uncertainty in planning and provides for
the orderly development of the Project, and generally serves the public interest within
the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it
anticipates that the Project, once completed, will replace vacant property with an
attractive structure acting as a gateway and landmark for the northern portion of the
City.
2. Definitions. 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, permitted 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
4 J
3
by the City and the conditions imposed by this Agreement and the Project's
Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision,
and which contemplate and
authorize the imposition of revisions or conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City, in the
process of approving or disapproving a particular activity, as distinguished from an
activity which merely requires the City, including any board, commission, or department
of the City and any officer or employee of the City, to determine whether there has
been compliance with applicable statutes, ordinances, regulations, or conditions of
approval.
(c) "Effective Date" means 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 criteria applicable to the Project and Site. The parties
intend the development of the Project and the Site to be subject to Subsequent
Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this
Agreement.
(e) "Zoning Ordinance" means the zoning regulations set forth in in
the El Segundo Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The s subject to represents that, cvenatnts,
Effective Date, it owns the Site in fee,
conditions, restrictions, and other matters of record.
4. Binding Effect. This Agreement, and all of the terms and conditions of this
Agreement, run with the land comprising the
sr or other inure
interest.
benefit of the parties and their respect g
5. Negation of Agency. The Parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith is construed as making the City and Developer joint
venturers, partners or employer /employee.
6. Development of the Property. The following specific restrictions govern the
use and development of the Project as described herein and in Exhibit "B," and without
the need for any additional Discretionary Actions:
4
4
(a) Permitted Uses of the Property. he Project; showevernthe City rand the
may be deemed to require Developer to complete t
Developer agree that the permitted, conditional and � ec on (f)uhes on the Property are
provided in the Applicable Rules, as modified y
(b) Density and Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project are set forth in
this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Buildin . The City and
Developer agree that the maximum height and size of the building proposed for the
Project are set forth in this Agreement.
(d) Development Standards. All design and development standards a lards as
applicable to the development of the Project must comply with the Applicable royals
modified by subsection (f) herein below, the conditions of the Discretionary App
as adopted, amended or modified in the future by mutual consent. The sole exactions,
conditions, and mitigation measures to be required for the Project are those contained
in the Applicable Rules, the conditions imposed by the Project's Discretionary
Approvals, and this Agreement.
(e) Adherence to Buildreferenc a in the ESMCconstruction n accordance w th must
adhere to the model codes adopted by
California law 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 ").
( Extension of Interim Approval for Airport Park and Ride. The
Developer may 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 is permanently revoked and the use
must be discontinued upon the issuance of a Certificate of Occupancy for the first
tenant improvement associated
management
/leasing ng loffice whichjdoes not excluding occupancy of a building trigger such
g
revocation.
7. Acknowledge me nts A ireements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful performance in
developing the Project on the Site, pursuant to the terms of this Agreement and in
constructing and installing public improvements, making payments and complying with
the Applicable Rules will fulfill substantil to the City resulting from and
agrees that there is good and valuable consideration
S 4 J
Developer's assurances and faithful performance Pro�ect and the Developer by Balance
with the benefits conferred by the City on the
Agreement. In consideration of the foregoing the
set forth in thus Ag eementut in
Section 8 below, Developer makes the covenants
8. Acknowiea mern5 in consideration r
r1 I 1IG1 - --
In order to effectuate the provisions of this covenants and conditions set forth i tithe
Developer to obligate itself to carry out 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 Approvals and the nowledges modified by this
a
Agreement. Therefore, the City hereby g ees and ack
(a) Entitlement to Develop. The Developer is granted the vested right
to develop the Project on the Site to the extent and in the manner provided in this
Agreement, subject to the Applicable Rules, as modified by this Agreement, and, should
the City make the findings set forth below in this subparagraph (a), any "Subsequent
Applicable Rules." Any change in the Applicable Rules, including, without limitation,
any change in the General Plan, any applicable Specific Plan, Zoning Ordinance,
growth management regulations, design standards or any subdivision regulation e of the
City, adopted or becoming effective after the Effective Date, cannot be app by Y
City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site
by the City only if, after public hearing, (1) the City determines that the failure of the City
to apply Subsequent Applicable Rules will place residents of the City in a condition
substantially dangerous to their health or safety, which condition cannot otherwise be
mitigated in a reasonable manner and (2) it is applied consistently and able Rules with evenly to to ll
other similar developments in the City. Subsequent Applicable
increases in existing permit fees imposed by the City (i.e., fees intended to cover the
City's processing costs) and not otherwise restricted by the terms of this Agreement,
may, notwithstanding the above, be imposed on Developer.
In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance with
one or more provisions of the Agreement, such provisions of the Agreement must be
modified or suspended as may be necessary to comply with such state or federal law or
regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required subsequent to
the execution of this Agreement, the City agrees that it will not unreasonably withhold
from Developer or unreasonably condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for the development of
the Project Site to proceed unless the City determines that (1) the failure to impose such
condition would place residents of the City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be mitigated in a reasonable manner
4 61
and (2) such condition is applied consistently and evenly to all other similar
on
developments in the City. Moreover, in the event that o which federal
law
nt or precor
is enacted after this Agreement has been entered into,
compliance with one or more provisions of the Agreement, such provisions of th such
Agreement shall be modified or suspended as may be necessary to comply
state or federal law or regulation.
Hardee Construction CO v. City of
37 Cal.3d 465 (1984), enCalifornia Supreme Court held that the failure of
9. esti
Camarillo,
the parties therein to provide for the timing or rate of development resulted in a after
adopted initiative restricting the rate of development
the result n Pardee by acknowlledging
agreement. City and Developer intend to avoid
and providing that Developer shall have the right, without obligation, except as
otherwise specifically set forth herein, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's
and Developer's intent, as set forth in this Section, no future amendment of any existing
City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the 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 Developer agrees to contribute to the City an
additional sum as an enhanced community effective date paid to the
Development
Agreement. for a
period of five (5) years beginning upon
Agreement. The Developer will be permitted to use any excess parking spaces for an
off -site airport parking use located in the parking structure at 892 North Sepulveda
Boulevard. The number of excess parking spaces is determined by the number of
spaces that are not required by the El Segundo Municipal Code for use by the existing
office building at 898 North Sepulveda Boulevard. The airport parking use is permitted
on an interim basis in a manner consistent with Administrative Use Permit No. 94 -6,
until a Certificate of Occupancy is issued for the proposed office building. This payment
will cease after five (5) years or on the date that a Certificate of Occupancy is issued for
the proposed building, whichever occurs first. The payment schedule is as follows:
Year 1: $12,000 (to be paid upon the effective date of this Development Agreement)
in
Year 2: $12,000 (due 12 months after the proceeding pa
Year 3: $18,000 (due 12 months after the proceeding payment)
Year 4: $18,000 (due 12 months after the proceeding payment)
Year 5: $18,000 (due 12 months after the proceeding payment)
The City will benefit from increased sales taxes dtrib to to the Ci y theesum of One-
s occupants of
the Project. Further, the Developer agrees to c o
7 4 ,1
Hundred Fifty Thousand Dollars ($150,000) for the cost of landscaping, t he Site. ,visual,
and other improvements to Sepulveda Boulevard in the Y City
tribution
shall, at its sole discretion determine which improvements
City'sD is of anCert'i icate
shall be used for. The payment shall be made be fore the
of Occupancy for the first tenant improvement associar
`edw hall not trigger the Development Project,
excluding a building /management and leasing office
contribution obligation. Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate
with Developer to the fullest extent reasonable b Developer of all requriredtpheliminary and feasible to
Agreement. Upon satisfactory performance y
conditions, actions and payments, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation he terms hof thgs Agreement.
the development of the Project or Site in accordance
Developer must, 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 Compliance.
(a) Periodic Review. The City Manager of the City will review this
Agreement annually, on or before the anniversary his Afreement Effective DetEl Segundo
with the procedure and standards set forth g
Municipal Code in order to ascertain compliance by the Developer with the terms of this
Agreement.
(b) Special Review. The City Council of the City may order a special
review of compliance with this Agreement at any time but not to exceed twice per year.
The Director of Planning and Building Safety or the City Council, as determined by the
City Council, must conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer is required to demonstrate good shall be on the Developer
m. Agreement. The burden of proof on this issue
acknowledge that failure by the Developer i to modification this Agreement in accordance with
constitutes grounds for termination or
Government Code § 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement is deemed to have breached
this Agreement if it materially breaches any of the t notice of v of Agreement
on from the -
e
same is not cured within the time set forth in a written
breaching party to the breaching party, which period of time cannot be less than ten (10)
days for monetary defaults, and not less than sixty 0 if days for non - monetary t e breaching pa yc annot
from the date that the notice is deemed received, provided
s 46
the
a bl y cure a non — monetary breach within the time setthe breach with ne, the
breaching time
breaching party cannot be in default if it commences to cure
' and diligently effects such cure thereafter. If the City otice to'the with
limit g
termination of this Agreement, the City must give written
ith the notice and public hearing
intention to terminate this Agreement and comply
' of Government Code §§ 65867 and 65868. At the time and place set forth
require ments
in the hearing on termination, the Developer must be given an opportunity to be heard.
Y
If
the Cit Council finds based upon the evidence that the Dvel per is in breach oft the
Agreement, the Council may modify or terminate this Agreement.
(b) Content of Notice of Violation. Every hne A notice violation the nature of
with specificity that it n give manner in which he breach may be satisfactorily cured.
the alleged breach, and the
The notice is deemed given on the date that it is personally delivered Ir nnacco ate that
is three (3) business days after it is deposited in the United
with Section 21 hereof.
(c) Remedies for Breach. The Parties set forth thin this subsections The
of the Agreement is limited to the remedies expressly s
remedies for breach of the Agreement by City or Developer monetary default injunctive
relief and /or specific performance except in the event
Developer the City is entitled to seek any remedy available to it at law or in equity.
ves notice to the
14. Mortgagee Protection: At the same
the not ice to Balch holder of record of
Developer of a breach, City must send a copy o
erest
any deed of trust on the portion of the Site in which ch Develop ten not le of lits tname and
( "Financier "), provided that the Financier has g prior
mailing address to City and the notice makes specific reference c rt o this Sec ion 1 . The
copies must be sent by United States mail, registere d
return receipt requested, and are deemed received upon the third (3rd) day after deposit. has
Each Financier that has given prior notice to City t c Section
such b eachht,
at its option and insofar as the rights of City are c oncerned to cure
cannot be
within sixty (60) days after the receipt of the notice h such add t onabpe od as may be
cured within such time period, the Financier may have
reasonably required to cure the same, provided that the
(60) darsafter receipt of the
of
its intention to cure and commences the cure within sixty ( ) Y
notice for City and thereafter diligently prosecutes eof Developer C not
Developer's breachwithout
commence legal action against Developer by reason
g any cure
allowing the Financier to cure the same against the F nanciernand every
by Financier, this Agreement is binding and effective
owner of the Site, or part thereof, whose title thereto is acquired by foreclosure, trustee
sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City ma deliver t thte knowledge oft Developer certified party (i)
requesting that such party certify m writing at
4 J
this Agreem
ent is in full force and effect and a binding obligation
each amendment, and
Agreement has not been amended, breach of this Agreement, or if in breach, a description
(iii) the requesting party is no
of each such breach. The party receiving such a request must execute an return
certificate
within thirty (30) days following receipt of the tothee•City velope who requested
certificate may be relied upon by successors in interest to t
the
certificate and by holders of record of deeds of trust on the portion of the Site m
which that Developer has a legal interest.
16. U Braun ���c� � ��, u, ,�� �.. --
(a) Operating Memoranda. The Pao i cooperation o l a dtt attnew
provisions of the Agreement require a close degree ro riate with
information and future events may demonstrate heParties changes are
s Agreement. The Parties
respect to the details of performance
ire therefore, to retain a certain degree of flexibility s with er this Agreement details If and
desire,
performance for those items covered in general terms
when, from time to time, the Parties find that refinements or ahjos m ting memoranda or such refinements or adjustmentsro iledb by the Parties which, afterpexecution, will be
implementation agreements app
attached to this Agreement as addenda and become a part hereof.
Operating memoranda or implementation agr neme �tsthe a ent executed
on behalf of the City by the City Manager and the City Attorney.
articular subject requires notice or hearing, such notice ormancerunderlthis Agreement
appropriately
p ticable
given. Any significant modification to the terms o p
will be processed as an amendment of this Agreement in accordance with app
rules and must be approved by the City Council.
(b) Amendments. This Agreement may be amended hom time
to time
only upon the mutual written of anenortion City of Developero's rights or obligations under this
connection with the transfer Y p
Agreement to another developer, Developer (or any assignee of Developer's rights),
agree that the signature of such other developer
such other developer and City may ag
e required to amend this Agreement insofar as such amendment no event w� materially
may be the
alter the rights or obligations of such developer hereunder
signature or consent of any "Non- Assuming Transferee" (defined below) be required to
amend this Agreement.
nninor Changes. Any change to this Agreement which does not
(c) permitted uses of the Project Site,
substantially affect (i) the Term of this Agreement, (ii) p
provisions for the reservation or dedication of land, (iv) density conditions, tentensity restrictions
use
(iii) p actions, (v)
or requirements for subsequent discretionary
of J
the Project Site or the maximum height or size of prep os d suildingto r or (v) mon and
contributions by Developer, will, with Developer's cons,
10 50
approval of the City's city manager (the "City Manager ") and not require notice or public
hearing, except to the extent otherwise required by law.
(d) Future Development Agreements. Except as otherwise consented
to by Developer, any future development agreement that may be entered into between
City and a successor or assign of Developer with respect to any portion of the Project
Site must be consistent with the terms and provisions of this Agreement.
(e) Future Approvals Do Not Require Amendments to Development
Agreement. Except as may be otherwise agreed to by the parties, no amendment of
this Agreement is required in connection with the issuance of any Discretionary
Approval. Any Discretionary Approval issued after the Effective Date will automatically
be incorporated into this Agreement and vested hereby. City will not issue any
Discretionary Approval for any portion of the Project Site unless Developer requests
such Discretionary Approval from City.
17. Term of Agreement. This Agreement becomes operative and begins upon
the Effective Date and remains in effect for a term of five (5) years, unless said term is
terminated, modified, or extended by circumstance set forth in this Agreement or by
mutual consent of the parties hereto. Following the expiration of said term, this
Agreement is deemed terminated and of no further force and effect; provided, such
termination does not automatically affect any right of the City or Developer arising from
City approvals on the Project before the expiration of the term or arising from the duties
of the parties as prescribed in this Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by
the City staff concerning the interpretation and, administration of this Agreement and the
Project which is the subject hereof are appealable to the City Council and all like
decisions by the City Council are final. However, decisions of the City Council shall also
be subject to judicial review pursuant to Code of Civil Procedure § 1094.5. so long as
such action is filed in a court of competent jurisdiction not later than ninety (90) days
following the date on which the City's decision becomes final pursuant to Code of Civil
Procedure § 1094.6.
19. Notices. All notices under this Agreement must be in writing and are
effective when personally delivered or upon the third (3rd) day after deposit in the United
States mail as registered or certified mail, postage prepaid, return receipt requested, to
the following representatives of the parties at the addresses indicated below:
If to the City: City of El Segundo
350 Main Street
E1 Segundo, California 90245
Attn: Director of Planning and Building Safety
With a copy to: Jenkins & Hogin, LLP
11
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: Realty Associates Advisors, LLC
1301 Dove Street, Suite 860
Newport Beach, CA 92660
Attn: Cliff Chandler
With a copy to: 898 Sepulveda Associates, LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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. Severability and 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 this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
21. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
22. Force Majeure. In the event of changed conditions, changes in local,
state or federal laws or regulations, floods, delays due to strikes, inability to obtain
materials, civil commotion, fire, or other circumstances which substantially interfere with
carrying out the Project, as approved by the City, or with the ability of either party to
perform its obligations under this Agreement, and which are not due to actions of
Developer and are beyond its reasonable control, the parties agree to bargain in good
faith to modify such obligations to achieve the goals and preserve the original intent of
this Agreement.
23. Waiver. No waiver of any provision of this Agreement constitutes a waiver
of any other provision, whether or not similar; nor does any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver is 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 Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement cannot be
amended, except as expressly provided herein.
A
12 01
25. Relationship of the Parties. Each party acknowledges that, in entering
into and performing under this Agreement, it is acting as an independent entity and not
as an agent of any of the other Party in any respect. Nothing contained herein or in any
document executed in connection herewith may be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections
and subsections of this Agreement are for convenience of reference only, and they do
not constitute a pact of this Agreement for any other purpose or affect interpretation of
the Agreement. Should any provision of this Agreement be found to be in conflict with
any provision of the Project Approvals or the Subsequent Approvals, the provisions of
this Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the Project
Site is conclusively deemed to have consented and agreed to every provision contained
herein, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired 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 has any right of action based upon any provision of this Agreement.
29. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this
Agreement prevail.
31. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein, Developer
is released from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer and the City's sole remedy is
against the assignee or its successor or assign, provided that (i) Developer is not in
breach of this Agreement at the time of the sale or transfer and (ii) before the sale or
transfer, Developer delivers to City a written assignment and assumption agreement in
13 `� "'
the four attached hereto as Exhibit "C," duly executed by the purchaser or transferee
and notarized by a notary public, whereby the purchaser or transferee expressly
assumes the obligations of Developer under this Agreement with respect to the sold or
transferred portion of the Property. Failure to provide a written assumption agreement
hereunder does not negate, modify or otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing contained herein may be deemed to
grant to City discretion to approve or deny any such sale or transfer.
32. Hold Harmless. The Developer hereby agrees to and must defend,
protect, save and hold the City and its elected and appointed boards, commissions,
officers, agents and employees harmless from any and all claims, costs, losses, fines,
penalties, demands, injuries, judgments and /or liabilities for any damages arising out of,
or resulting from, the City's approval of this Agreement or either party's performance
pursuant to this Agreement; provided, however, that the Developer is not required to
indemnify the City from its negligence or willful misconduct; and further provided that the
Developer may elect to legally challenge the City's implementation or interpretation of
this Agreement.
33. Joint Preparation. This Agreement is deemed to have been prepared
jointly and equally by the Parties, and it cannot be construed against any party on the
ground that the Party prepared the Agreement or caused it to be prepared.
34. Governing Law and Venue. This Agreement is made, entered into, and
executed in the County of Los Angeles, California, and the laws of the State of
California govern its interpretation and enforcement. Any action, suit or proceeding
related to, or arising from, this Agreement must be filed in the appropriate court having
jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple counterparts,
each of which is deemed an original, but all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date first written above
CITY OF EL SEGUNDO
By: Mayor
ATTEST:
Cindy Mortesen, City Clerk
14 J
By:
Name:
Its"
Approved as to form:
Mark D. Hensley, City Attorney
REALTY ASSOCIATES ADVISORS, LLC,
a Delaware limited liability company
President
15
J1-1
EXHIBIT A -1
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
J�
EXHIBIT A -I
-I-
EXHIBIT A -2
Legal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
66
EXHIBIT A -2
-1-
EXHIBIT "B"
Description of Proiect
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
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 will not trigger
such revocation.
EXHIBIT "B" J� - ..,
_ �
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this _ day of ,
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ("Assignor") and ( "Assignee ") with respect to the
following facts:
RECITALS:
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.
EXHIBIT "C"
JL
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
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 PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN
SUBSOTITUTOED FOR DESIGNATE A
DIFFERENT ADDRESS WHI CH SHALL BE
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
limit or deprive a party 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 in any respect for any reason, the validity, legality and enforceability of
JJ
EXHIBIT "C"
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable 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 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 judgment arising from such action or proceeding.
(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 subject matter other than those set forth or referred to
herein.
(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.
0) 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 to the
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 any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C" V
and being for the sole and exclusive 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 in separate 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 "), and 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 original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR" Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
By:
Name:
Its:
"ASSIGNEE"
EXHIBIT "C" i
EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
'^
Wg/SER REAL ESTATE LIMITED PARTNEo�SHIPREALTY ADVISORS ASSOCIATES
LLC, A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
6^
Exhibit 3
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20TH day of March
2DG42011, by and between the CITY OF EL SEGUNDO, a City in the State of California
( "City "), and W ^ /SER REAL ESTATE LIMIT-ED PARTAIERS ^REALTY ADVISORS
ASSOCIATES, LLC, a Delaware limited paFtnershipliability company (the "Developer
In consideration of the mutual covenants and agreements contained in this 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 SestkNis§§
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 comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly
known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N.
Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N Sepulveda Boulevard
is improved with an eight (8) - 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 -1" attached hereto. Currently, 888 N. Sepulveda Boulevard is vacant.
The property was formerly improved with a twelve (12) -story, one hundred forty
thousand (140,000) square foot office building, which ha -shad been vacant for
approximately ten (10) years, eeetainsthat contained asbestos and requiresrequired
extensive retrofitting. The building was demolished in 2002. 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 Exhibit "A -2" attached hereto.
C. The Parties desire to enter into this Agreement in conformance with
the Government Code and the Sity -e# 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 dernelish the existing twelve (12) ste^y
construct an office building ten (10) stories
or less, but not to exceed 200 feet in height, consisting of a maximum of one -h ed
twenty thousand sox hundFed an eighty eight thousand eight hundred and forty
seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 1.066 0_8. Parking for
the new s+ (6) 1 office building would be provided by the existing parking structure
2 61;
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." All parking required for Parcel 1 s#allmust be provided on Parcel 2.
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 Project in accordance with the "Applicable
Rules" (as hereinafter defined), as modified by this Agreement. In consideration
thereof, Developer agrees to waive its rights to legally challenge the limitations and
restrictions imposed upon the development of the Property pursuant to the Project
approvals and this Agreement and to provide the public benefits and improvements
specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission
and City Council of the City 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 and the surrounding
region. The City has specifically considered and approved the impact and benefits of
this Project upon the welfare of the region.
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 uncertainty in planning and provides for
the orderly development of the Project, and generally serves the public interest within
the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it anticipates
that the Project, once completed, will replace an obsolete StFUGtUFe whic;h has been
vacant property with an attractive structure
acting as a gateway and landmark for the northern portion of the City. T4e
development of the PFejeGt will eliminate an obsolete building On the Gity in the fOFFn 0
the GUFFently varant twelve (12) StOFY StFUGtUFe, and the Femoval of asbestos from the
2. Definitions. 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
V A
hereinafter defined) governing zoning, development, density, permitted 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 by this Agreement and the Project's
Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision, and which contemplate and
authorize the imposition of revisions or conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City, in the
process of approving or disapproving a particular activity, as distinguished from an
activity which merely requires the City, including any board, commission, or department
of the City and any officer or employee of the City, to determine whether there has
been compliance with applicable statutes, ordinances, regulations, or conditions of
approval_
(c) "Effective Date" shall- bemeans 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 criteria applicable to the Project and Site. The parties
intend the development of the Project and the Site to be subject to Subsequent
Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this
Agreement.
(e) "Zoning Ordinance" is the Zoning QrdinanGe for the Gity of El
means the zoning regulations set forth in the El Segundo
Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The Developer represents to the City that, as of the
Effective Date, it owns the 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 Beare binding upon and
inure to the benefit of the parties and their respective assigns, heirs, or other
successors in interest.
5. Negation of Agency. The Parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith shall be construed as making the City and Developer
joint venturers, partners or employer /employee.
4 6 J
6. Development of the Property. 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) Permitted Uses of the Property. Nothing set forth in this Agreement
shaflMaj 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 -asare provided in the Applicable Rules, as modified by subsection (f)
herein below;
(b) Density and Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project shall be as set
forth in this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and
Developer agree that the maximum height and size of the building proposed for the
Project shall asare set forth in this Agreement.
(d) Development Standards. All design and development standards
applicable to the development of the Project must comply with
the Applicable Rules, as modified by subsection (f) herein below, the conditions of the
Discretionary Approvals as adopted, amended or modified in the future by mutual
consent. The sole exactions, conditions, and mitigation measures to be required for the
Project Beare those contained in the Applicable Rules, the conditions imposed by
the Project's Discretionary Approvals, and this Agreement.
(e) Adherence to Building Code. All construction on the Property
shamust adhere to the GalffifOfflia. Building Gode,
Gede, the LJnifOFm Housing Code, the UnwfGFFn Code fOF the Abatement 0
AdMiRiStFatove model codes adopted by reference in the ESMC_in accordance with
California law 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 ").
(f) Extension of Interim Approval for Airport Park and Ride. The
Developer shall be peffnitted temay 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
5
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the use shafl- bemust 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
sh-afldoes not trigger such revocation;
7. Acknowledgements, Agreements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful performance in
developing the Project on the Site, 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 thereof and that same is in balance
with the benefits conferred by the City on the Project and the 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. Acknowledgments, Agreements and Assurances on the Part of the City.
In order to effectuate the provisions of this Agreement and in consideration for the
Developer to obligate itself to carry out the covenants and conditions set forth in the
preceding Section 7 of this Agreement, the City hereby agrees and assures Developer
that Developer will be permitted to carry out and complete the development of the
Project within the Site, subject to the terms and conditions of this Agreement, the
conditions of the Project Approvals and the Applicable Rules, as modified by this
Agreement. Therefore, the City hereby agrees and acknowledges that:
(a) Entitlement to Develop. The Developer is hereby granted the
vested right to develop the Project on the Site to the extent and in the manner provided
in this Agreement, subject to the Applicable Rules, as modified by this Agreement, and,
should the City make the findings set forth below in this subparagraph (a), any
"Subsequent Applicable Rules" Any change in the Applicable Rules, including,
without limitation, any change in the General Plan, any applicable Specific Plan, Zoning
Ordinance, growth management regulations, design standards or any subdivision
regulation of the City, adopted or becoming effective after the Effective Date, sha"
eetcannot be applied by the City to the Project on the Site. Subsequent Applicable
Rules can be applied to the Site by the City only if, after public hearing, (1) the City
determines that the failure of the City to apply Subsequent Applicable Rules will place
residents of the City in a condition substantially dangerous to their health or safety,
which condition cannot otherwise be mitigated in a reasonable manner and (2) it is
applied consistently and evenly to all other similar developments in the City.
Subsequent Applicable Rules with regard to increases in existing permit fees imposed
by the City (i.e., fees intended to cover the City's processing costs) and not otherwise
6 '"
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restricted by the terms of this Agreement, may, notwithstanding the above, be imposed
on Developer.
In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance with
one or more provisions of the Agreement, such provisions of the Agreement shall be
modified or suspended as may be necessary to comply with such state or federal law or
regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required subsequent to
the execution of this Agreement, the City agrees that it will not unreasonably withhold
from Developer or unreasonably condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for the development of
the Project Site to proceed unless the City determines that (1) the failure to impose such
condition would place residents of the City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be mitigated in a reasonable manner
and (2) such condition is applied consistently and evenly to all other similar
developments in the City. Moreover, in the event that a state or federal law or regulation
is enacted after this Agreement has been entered into, which would prevent or preclude
compliance with one or more provisions of the Agreement, such provisions of the
Agreement shall be modified or suspended as may be necessary to comply with such
state or federal law or regulation.
9. Vesting of Development Rights. In Pardee Construction Co. v. City of
Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of
the parties therein to provide for the timing or rate of development resulted in a after -
adopted initiative restricting the rate of development to prevail against the parties'
agreement. City and Developer intend to avoid the result in Pardee by acknowledging
and providing that Developer shall have the right, without obligation, except as
otherwise specifically set forth herein, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's
and Developer's intent, as set forth in this Section, no future amendment of any existing
City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the 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 Developer agrees to contribute to the City an
additional sum as an enhanced community benefit to be paid to the City annually for a
period of five (5) years beginning upon the effective date of this Development
Agreement. The Developer will be permitted to use any excess parking spaces for an
66
off -site airport parking use located in the parking structure at 892 North Sepulveda
Boulevard. The number of excess parking spaces is determined by the number of
spaces that are not required by the El Segundo Municipal Code for use by the existinq
office building at 898 North Sepulveda Boulevard. The airport parking use is permitted
on an interim basis in a manner consistent with Administrative Use Permit No. 94 -6,
until a Certificate of Occupancy is issued for the proposed office building. This payment
will cease after five (5) years or on the date that a Certificate of Occupancy is issued for
the proposed building whichever occurs first. The payment schedule is as follows:
Year 1:
$12,000
(to be paid
upon the effective date of this Development Agreement)
Year 2:
$12,000
(due 12
months after the
proceeding
payment)
Year 3:
$18,000
(due 12
months after the
proceeding
payment)
Year 4:
$18,000
(due 12
months after the
proceeding
payment)
Year 5:
$18,000
(due 12
months after the
proceeding
payment)
The City will benefit fFOM the elimination of the existing obsolete building as a Fesult ef
the demolition of the existing, vaeant twelve (12) steFy building lerated on the Site, the
abatement of asbestos leeated in suGh vaGant building, and the develOpMent Of a ,
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 PFi0Ftobefore the City's issuance of a
Certificate of Occupancy for the first tenant improvement associated with the
Development Project, excluding a building /management and leasing office which shall
not trigger the contribution obligation Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate
with Developer to the fullest extent reasonable and feasible to implement this
Agreement. Upon satisfactory performance by Developer of all required preliminary
conditions, actions and payments, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation of this Agreement and
the development of the Project or Site in accordance with the terms of this Agreement.
Developer s#al•Imust, 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 Compliance.
(a) Periodic Review. The City Manager of the City s#allwill 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 El Segundo
Municipal Code in order to ascertain compliance by the Developer with the terms of this
Agreement.
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(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, sliARmust conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer shad leis required to demonstrate good faith compliance with the terms of
this Agreement. The burden of proof on this issue shall be on the Developer. The
parties acknowledge that failure by the Developer to demonstrate good faith compliance
shall constitutes grounds for termination or modification of this Agreement in
accordance with Government Code_§ 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement shafl-beis deemed to have
breached this Agreement if it materially breaches any of the provisions of the
Agreement and the same is not cured within the time set forth in a written notice of
violation from the non - breaching party to the breaching party, which period of time
shall - notcannot 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 party shafl-netcannot be in default if it
commences to cure the breach within such time limit and diligently effects such cure
thereafter. If the City determines to proceed with termination of this Agreement, the City
shallmust give written notice to the Developer of its intention to terminate this
Agreement and comply with the notice and public hearing requirements of Government
Code Sections 65867 and 65868. At the time and place set forth 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 of Notice of Violation. Every notice of violation shallmust
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 -beis 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) Remedies for Breach. The Parties agree that remedies for breach
of the Agreement shall -beis limited to the remedies expressly set forth in this
subsection. The remedies for breach of the Agreement by City or Developer ahat -beare
limited to injunctive relief and /or specific performance except in the event of a monetary
default by Developer the City shad beis entitled to seek any remedy available to it at law
or in equity.
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14. Mortgagee Protection: At the same time that City gives notice to the
Developer of a breach, City sha Must 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 shallmust be sent by United States mail, registered or certified, postage prepaid,
return receipt requested, and shaWbeare deemed received upon the third (3r. ) day after
deposit. Each Financier that has given prior notice to City pursuant to this Section shall
havehas the right, at its option and insofar as the rights of City are concerned, to 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 shamay 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 cure within
sixty (60) days after receipt of the notice for City and thereafter diligently prosecutes the
same to completion. City shall Retcannot 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 shafkbeis
binding and effective against the Financier and every owner of the Site, or part thereof,
whose title thereto is acquired by foreclosure, trustee sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City may deliver written notice to the Developer
requesting that such party certify in writing that, to the knowledge of the certified party (i)
this Agreement is in full force and effect and a binding obligation of the parties, (ii) this
Agreement has not been amended, or if amended, the identity of each amendment, and
(iii) the requesting party is not in breach of this Agreement, or if in breach, a description
of each such breach. The party receiving such a request &hamust execute and return
the certificate within thirty (30) days following receipt of the notice. City acknowledges
that a certificate may be relied upon by successors in interest to the Developer who
requested the certificate and by holders of record of deeds of trust on the portion of the
Site in which that Developer has a legal interest.
be rned0fied or mended fFOM turne to time by mutual eonsent of the paFtieS OF thei
of the El Segundo Gode and
Section 65868 of the GoveMment Gode.
16 Operating Memoranda and Amendments of Development Agreement.
(a) Operating Memoranda The Parties acknowledge that the
provisions of the Agreement require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the details of performance of the Parties under this Agreement. The Parties
desire therefore to retain a certain degree of flexibility with respect to the details of
performance for those items covered in general terms under this Agreement. If and
10
r ^� t
1 .�
when from time to time the Parties find that refinements or adjustments are desirable,
such refinements or adjustments will be accomplished through operating memoranda or
implementation agreements approved by the Parties which, after execution, will be
attached to this Agreement as addenda and become a part hereof.
Operating memoranda or implementation agreements may be executed
on behalf of the City by the City Manager and the City Attorney. In the event a
particular subject requires notice or hearing such notice or hearing will be appropriately
given Anv significant modification to the terms of performance under this Agreement
will be processed as an amendment of this Agreement in accordance with applicable
rules and must be approved by the City Council.
(b) Amendments This Agreement may be amended from time to time
only upon the mutual written consent of City and Developer: provided however, that in
connection with the transfer of any portion of Developer's rights or obligations under this
Agreement to another developer, Developer (or any assignee of Developer's rights),
such other developer and City may agree that the signature of such other developer
may be required to amend this Agreement insofar as such amendment would materially
alter the rights or obligations of such developer hereunder. In no event will the
signature or consent of any "Non- Assuming Transferee" (defined below) be required to
amend this Agreement.
(c) Minor Changes Any change to this Agreement which does not
substantially affect (i) the Term of this Agreement (ii) permitted uses of the Project Site,
NO provisions for the reservation or dedication of land (iv) conditions terms, restrictions
or requirements for subsequent discretionary actions (v) the density or intensity of use
of the Project Site or the maximum height or size of proposed buildings or NO monetary
contributions by Developer, will with Developer's consent be subiect to the review and
approval of the City's city manager (the "City Manager ") and not require notice or public
hearing except to the extent otherwise required by law.
(d) Future Development Agreements Except as otherwise consented
to by Developer, any future development agreement that may be entered into between
City and a successor or assign of Developer with respect to any portion of the Project
Site must be consistent with the terms and provisions of this Agreement.
(e) Future Approvals no Not Require Amendments to Developmen
Agreement Except as may be otherwise agreed to by the parties no amendment of
this Agreement is required in connection with the issuance of any Discretionary
Approval Any Discretionary Approval issued after the Effective Date will automatically
be incorporated into this Agreement and vested hereby. City will not issue any
Discretionary Approval for any portion of the Project Site unless Developer requests
such Discretionary Approval from City.
17. Term of Agreement. This Agreement sh" becomes operative and
eernFnenGebegins upon the Effective Date and shaWremains in effect for a term of tea
(4D)five 5 years, unless said term is terminated, modified, or extended by
circumstance set forth in this Agreement or by mutual consent of the parties hereto.
Following the expiration of said term, this Agreement shame s deemed terminated and
of no further force and effect; provided, such termination sbaf4does not automatically
affect any right of the City or Developer arising from City approvals on the Project fftier
tebefore the expiration of the term or arising from the duties of the parties as prescribed
in this Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by
the_City staff concerning the interpretation and, administration of this Agreement and the
Project which is the subject hereof are appealable to the City Council and all like
decisions by the City Council shatl-beare final. However, decisions of the City Council
shall also be subject to judicial review pursuant to Code of Civil Procedure Sest+ea§
1094.5. so long as such action is filed in a court of competent jurisdiction not later than
ninety (90) days following the date on which the City's decision becomes final pursuant
to Code of Civil Procedure Ses#+ea§ 1094.6.
19. Notices. All notices under this Agreement shal•Imust be in writing and shall
be effective when personally delivered or upon the third (3rd) day after deposit in the
United States mail as registered or certified mail, postage prepaid, return receipt
requested, to the following representatives of the parties at the addresses indicated
below:
If to the City: City of El Segundo
350 Main Street
E1 Segundo, California 90245
Attn: Director of -Ger+
of Planning and
Building Safety
With a copy to: BUFke,
611 West Sixth tFeet 2Wh Floe
Los Angeles, California 90 47
Jenkins & Hogin, LLP
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: LegaGy PaFtneFs 30 ExeGutive RaF k Suite 100
,
Attention: MR MiGhael Realty Associates Advisors,
LLC
1301 Dove Street, Suite 860
Newport Beach CA 92660
12 ( v
With a copy to:
4-900 Main StFeet, -RGw
Attention: D "i -hael i. yre, ggg Sepulveda Associates,
7
LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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. Severability and 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 this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
21. Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
22. Force Majeure. In the event of changed conditions, changes in local,
state or federal laws or regulations, floods, delays due to strikes, inability to obtain
materials, civil commotion, fire, acts of GedT or other circumstances which substantially
interfere with carrying out the Project, as approved by the City, or with the ability of
either party to perform its obligations under this Agreement, and which are not due to
actions of Developer and are beyond its reasonable control, the parties agree to bargain
in good faith to modify such obligations to achieve the goals and preserve the original
intent of this Agreement.
23. Waiver. No waiver of any provision of this Agreement sl}aN constitutes a
waiver of any other provision, whether or not similar; nor s#aNdoes any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver s4afkbeis
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 Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement Shau
aetcannot be amended, except as expressly provided herein.
25. Relationship of the Parties. Each party acknowledges that, in entering
into and performing under this Agreement, it is acting as an independent entity and not
as an agent of any of the other Party in any respect. Nothing contained herein or in any
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document executed in connection herewith s#"May be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections
and subsections of this Agreement are for convenience of reference only, and they
slado not constitute a pact of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be found to be
in conflict with any provision of the Project Approvals or the Subsequent Approvals, the
provisions of this Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the Project
Site is, and shall be-, conclusively deemed to have consented and agreed to every
provision contained herein, whether or not any reference to this Agreement is contained
in the instrument by which such person acquired 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 shall havehas any right of action based upon any provision of this
Agreement.
3029. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
3130. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
14 i .J
-- -
- -
- - -
3029. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
3130. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
14 i .J
Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this
Agreement shall prevail.
3231. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein, Developer
sha44-beis released from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer and the City's sole remedy shag
beis against the assignee or its successor or assign, provided that (i) Developer is not in
breach of this Agreement at the time of the sale or transfer and (ii) fftioFtobefore the
sale or transfer, Developer delivers to City a written assignment and assumption
agreement in the four attached hereto as Exhibit "C.," duly executed by the purchaser or
transferee and notarized by a notary public, whereby the purchaser or transferee
expressly assumes the obligations of Developer under this Agreement with respect to
the sold or transferred portion of the Property_; Failure to provide a written assumption
agreement hereunder s#a0does not negate, modify or otherwise affect the liability of the
purchaser or transferee pursuant to this Agreement. Nothing contained herein sha41Maj
be deemed to grant to City discretion to approve or deny any such sale or transfer.
3332. Hold Harmless. The Developer hereby agrees to and s4}a44must defend, protect,
save and hold the City and its elected and appointed boards, commissions, officers,
agents and employees harmless from any and all claims, costs, losses, fines, penalties,
demands, injuries, judgments and /or liabilities for any damages arising out of, or
resulting from, the City's approval of this Agreement or either party's performance
pursuant to this Agreement; provided, however, that the Developer shat4is not be
required to indemnify the City from its negligence or willful misconduct; and further
provided that the Developer may elect to legally challenge the City's implementation or
interpretation of this Agreement.
3433. Joint Preparation... This Agreement shall -beis deemed to have been prepared
jointly and equally by the Parties, and it shall cannot be construed against any party
on the ground that the Party prepared the Agreement or caused it to be prepared.
3634. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Los Angeles, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related to, or
arising from, this Agreement shaf4must be filed in the appropriate court having
jurisdiction in the County of Los Angeles_
3635. Counterparts. This Agreement may be executed in multiple counterparts, each of
which s4a1 -beis deemed an original, but all of which shall constitute one and the same
instrument.
15 I r�
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date first written above.
CITY OF EL SEGUNDO
By: Mayor
ATTEST:
Cindy Mortensen, City Clerk
Approved as to form:
Mark D. Hensley
WO/ CD REAL ESTATE LIMIT
PARTNERSHIP � a Delaware limited
paFtneFshipREALTY ASSOCIATES
ADVISORS, LLC, a Delaware limited
liability company
_ - ■_
By:
Name:
Its" President
16
EXHIBIT A -1
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
f}
EXHIBIT A -I
-1-
EXHIBIT A -2
Lep-al Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
s
EXHIBIT A -2
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EXHIBIT "B"
Description of Project
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
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 will not trigger
such revocation.
EXHIBIT "B" U J
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this — day of ,
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ( "Assignor ") and ( "Assignee ") with respect to the
following facts:
RECITALS:
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.
EXHIBIT "C" 1
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
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 PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A
DIFFERENT ADDRESS WHICH SHALL BE 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
limit or deprive a party 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 in any respect for any reason, the validity, legality and enforceability of
EXHIBIT "C"
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable 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 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 judgment arising from such action or proceeding.
(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 subject matter other than those set forth or referred to
herein.
(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.
0) 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 to the
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 any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C"
and being for the sole and exclusive 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 in separate 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 "), and 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 original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR"
"ASSIGNEE"
Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
Name:
Its:
EXHIBIT "C"
8 A
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING:
February 24, 2011
SUBJECT: Environmental Assessment No. 911 for a Development
Agreement Extension No. 11 -01 (First Amendment to
Development Agreement No. 00 -02)
APPLICANT: Realty Associates Advisors, LLC c/o Cliff Chandler
PROPERTY OWNER: 898 Sepulveda Associates, LLC c/o David Drake
REQUEST: Amend Development Agreement No. 00 -02 to:
1)
Extend its duration by five years;
2)
Limit the size of the proposed office building to
88,847 square feet (net floor area);
3)
Increase the potential height of the proposed office
building to 10 stories or less not to exceed 200 feet
In height;
4)
Require the proposed office building to provide
loading spaces in compliance with the El Segundo
Municipal Code (two small truck loading spaces
measuring 12 feet by 25 feet);
5)
Retain the public benefit contribution to the City of
$150,000 for the cost of landscaping, median, visual
and other improvements to Sepulveda Boulevard;
6)
Increase the public benefit contribution to the City
by adding yearly payments of $12,000 for the first
two years and $18,000 for the next three years; and
7)
Allow the interim airport parking use ( "Park and
Ride ") business to continue until completion of
construction and issuance of a Certificate of
Occupancy for the proposed office building.
PROPERTY INVOLVED: 888, 892, and 898 North Sepulveda Boulevard
I. Introduction & Background Discussion
On March 20, 2001, the City Council approved Development Agreement 00 -02 and
General Plan Amendment GPA No. 00 -02 to allow for construction of a new office
building at 888 North Sepulveda Boulevard (affecting 888, 892, and 898 North
Sepulveda). The agreement has a duration of ten years and is due to expire on April
19, 2011. The applicant has requested an amendment to the development agreement
to extend its duration by five years and to modify certain of its provisions related to
development of the site and the benefits to the City. The subject site is located at the
southeast corner of North Sepulveda Boulevard and East Maple Avenue within the
Corporate Office (CO) Zone. It is L- shaped and has frontage on both Sepulveda
Boulevard and Maple Avenue. It is approximately 2.55 acres and is currently
developed with an 840 -space parking structure, which provides required parking for an
office building on the adjacent parcel at 898 North Sepulveda Boulevard. The parking
structure also provides parking spaces for an interim airport parking use, which was
permitted by the original development agreement and an administrative use permit.
Specifically, the original development agreement (Exhibit 5) consists of the following
main provisions:
A. The Development Project description. The project would involve construction of a
six -story office building consisting of a maximum of 120,610 square -feet with a
Floor Area Ratio ( "FAR ") of 1.086. Parking for the office building would be
provided in the existing parking structure, with an additional 17 surface parking
spaces.
B. Exceptions to Development Standards.
i. The existing "Park and Ride" business approved on an interim basis (EA No.
356, and AUP No. 94 -6) would be discontinued after construction of the office
building and issuance of a Certificate of Occupancy for the first tenant
improvement.
ii. The project would be allowed to provide only two loading spaces measuring 13
feet by 30 feet, instead of the required three spaces measuring 13 feet by 50
feet.
C. Benefits to the City: The Developer agreed to contribute to the City the sum of
$150,000 for the cost of landscaping, median, visual, and other improvements to
Sepulveda Boulevard in the vicinity of the Site.
The proposed amendment to the Development Agreement (Exhibits 3 and 4) would:
A. Extend the duration of the agreement by five years until March 20, 2016;
B. Limit the size of the office building to 88,847 square feet (net floor area) and the
FAR to 0.8, which is the current limit in the CO Zone. .
C. Increase the potential height of the office building to 10 stories or less, but less
than the maximum height limit of 200 feet which is consistent with the current CO
Zone.
D. Modify the truck loading requirements to be consistent with current El Segundo
Municipal Code standards.
E. Retain the public benefit contribution to the City of the sum of $150,000 for the cost
of landscaping, median, visual and other improvements to Sepulveda Boulevard.
F. Increase the public benefit contribution to the City by adding yearly payments of
$12,000 for the first two years and $18,000 for the next three years, commencing
on the effective date of the proposed Development Agreement Amendment and
paid annually thereafter.
G. Allow the interim airport parking use ( "Park and Ride ") business to continue on an
interim basis until completion of construction and issuance of a Certificate of
Occupancy for the proposed office building.
( , 'l
2 }vy
The applicant has been unable to complete the development project agreed to in the
original development agreement due to changes in the market demand for office
space and the overall economic conditions in the last few years. The applicant has
requested the proposed amendments to allow more time to pursue development of the
property. In addition, the proposed amendments will ensure that development of the
site will be consistent with the City's current development standards and the City will
gain a larger financial benefit. As an alternative to the proposed office building, the
property owner has expressed interest in seeking approval of a hotel development on
this site, including a permanent airport- parking component. The approval of this DA
Amendment will allow the interim airport parking use to continue while the owner
seeks development approval of a hotel project.
The specific language of the proposed amendment is incorporated in the attached
draft ordinance.
I1. Zoning and General Plan Consistency
The El Segundo General Plan land use designation for the subject site is currently
Corporate Office and the Zoning designation is CO (Corporate Office). The proposed
amendment is consistent with its Zoning designation in that the proposed use is
permitted in the CO Zone. In addition, the proposed development project will be
reduced in area to meet the maximum FAR requirements currently permitted in the El
Segundo Municipal Code, and will otherwise be consistent with the CO Zone
development standards.
The proposed project is also consistent with relevant City of El Segundo General Plan
Element Goals, Objectives, and Policies summarized below.
The General Plan Land Use Element Goal LU4 seeks to provide a stable tax base for
the City through development of new commercial uses, primarily within a mixed -use
environment, without adversely affecting the viability of Downtown. The proposed
development agreement will encourage development of a new office building, which
will be consistent with the uses in the area that consist of a mixture of office and retail
uses. The proposed office building will also help maintain and improve the
employment and tax base in the City.
In addition, the Economic Development Element Goal ED1 aims to create a strong
healthy economic community and improve the City's tax base. The proposed
development agreement will encourage development of a new office building, which
will help improve the City's economic community and tax base. Therefore, the
proposed amendments to the existing development agreement are consistent with the
City of El Segundo General Plan as specified in the attached resolution.
III. Environmental Review
The City previously adopted a Mitigated Negative Declaration for the proposed project
pursuant to the requirements of the California Environmental Quality Act ( "CEQA "),
California Public Resources Code §§ 21000, et seq. In accordance with CEQA
Guidelines § 15162(a), a new environmental document is not required for the
proposed extension of the term of the Development Agreement since the proposed
3 �.
project does not involve substantial changes that will require major revisions to the
previous Mitigated Negative Declaration, and will not result in a significant impact to
the environment or require new mitigation measures.
The proposed amendment is consistent with the certified Mitigated Negative
Declaration (Exhibit 6) in that the proposed development will remain the same as in
the original development agreement. The Mitigated Negative Declaration proposed
mitigation in the areas of Air Quality, Cultural Resources, Geology and Soils, Hazards
and Hazardous Materials, Hydrology and Water Quality, Public Services, and Utilities
and Service Systems, which would reduce the impacts to less than significant. None
of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines §
15162 exist since the proposed changes would not result in a new significant impact to
the environment or require new mitigation measures. Accordingly, no subsequent or
supplemental Environmental Impact Report, Mitigated Negative Declaration or
Addendum is required to be prepared before adopting the draft Ordinance approving
the proposed amendment.
IV. Conclusion and Recommendation
Staff believes that the proposed Development Agreement Amendment will improve an
undeveloped property along Sepulveda Boulevard; it will improve the City's
employment and tax base; it will be consistent with the development standards of the
Corporate Office (CO) Zone; and it is not anticipated to have significant negative
environmental impacts.
Therefore, staff recommends that the Planning Commission review the facts as
contained within this report, conduct a public hearing, and adopt Resolution No. 2688
(Exhibit 1), which recommends that the City Council approve the draft DA amendment.
V. Exhibits
1. Draft Planning Commission Resolution No. 2688
2. Draft Ordinance
3. First Amendment to Development Agreement No. 00 -02
4. First Amendment to Development Agreement No. 00 -02 (strike - out/underline
format)
5. Development Agreement No. 00 -02
6. Mitigated Negative Declaration
7. Applications
I A A A A
Kimberly fistensen, AICP, Planning Manager
Plar)njhg 0 uildipg Safety Department
Greg,``�'"arperrl:er, Director
PlaKXing and Building Safety Department
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \901 - 925 \EA - 91 1 \Planning Commission 02242011 \EA -911 DA ?
Extension PC staff report.doc V
11
RESOLUTION NO. 2688
A RESOLUTION RECOMMENDING. THAT THE CITY COUNCIL
APPROVE A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
NO. 00 -02 FOR THE DEVELOPMENT OF AN OFFICE BUILDING AT
888 -898 NORTH SEPULVEDA BOULEVARD WITHIN THE
CORPORATE OFFICE (CO) ZONE.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. On March 20, 2001, the City Council of the City of El Segundo approved
Environmental Assessment No. 535, Development Agreement No. 00 -02,
and General Plan Amendment to allow the development of an office
building at 888 -898 North Sepulveda Boulevard;
B. On February 8, 2011, the applicant, filed an application for an amendment
( "First Amendment ") to Development Agreement No. 00 -02;
C. The application from Realty Associates Advisors, LLC was reviewed by
the City's Planning and Building Safety Department for, in part,
consistency with the General Plan and conformity with the El Segundo
Municipal Code ( "ESMC ");
D. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal.
Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for February 24, 2011;
F. On February 24, 2011, the Commission opened the public hearing to
receive public testimony and other evidence regarding the application
including, without limitation, information provided to the Commission by
City Staff, public testimony, and representatives of the applicant; and
G. This Resolution and its findings are made
evidence presented to the Commission at
hearing including, without limitation, the
Planning and Building Safety Department.
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based upon the testimony and
its February 24, 2011, public
staff report submitted by the
i
SECTION 2: Factual Findings and Conclusions. The Commission finds that the
following facts exist:
A. The proposed Development Agreement Amendment would extend the
duration of the agreement by five years until April 19, 2016;
B. The proposed Development Agreement Amendment would limit the size of
the proposed office building to 88,847 square feet (net floor area) and the
FAR to 0.8, which is the current limit in the Corporate Office (CO) Zone;
C. The proposed Development Agreement Amendment would increase the
potential height of the proposed office building to 10 stories or less, but
less than the maximum height limit of 200 feet in the Corporate Office
(CO) Zone;
D. The proposed Development Agreement Amendment would eliminate
Development Agreement 00 -02 Section 6(f)(ii) and thus require that
loading spaces be provided in compliance with existing ESMC
requirements for a new office building;
E. Retain the public benefit contribution to the City of the sum of $150,000 for
the cost of landscaping, median, visual and other improvements to
Sepulveda Boulevard;
F. Increase the public benefit contribution to the City by adding yearly
payments of $12,000 for the first two years and $18,000 for the next three
years commencing on the effective date of the proposed Development
Agreement Amendment and paid annually thereafter; and
G. Allow the interim airport parking use ( "Park and Ride ") business to
continue on an interim basis until completion of construction and issuance
of a Certificate of Occupancy for the proposed office building.
SECTION 3: Environmental Assessment. The City Council previously certified a
Mitigated Negative Declaration for the proposed project pursuant to CEQA
requirements. In accordance with CEQA Guidelines § 15162(a), a new environmental
document is not required for the proposed extension of the term of the Development
Agreement since the proposed project does not involve substantial changes that will
require major revisions to the previous Mitigated Negative Declaration, and will not
result in a significant impact to the environment or require new mitigation measures.
SECTION 4: General Plan. The proposed project conforms with the City's General
Plan as follows:
A. The General Plan contains relevant Goals, Objectives, and Policies in the
Land Use Element. The goal stated in Goal LU4 is to "provide a stable tax
v U
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base for the City through development of new commercial uses, primarily
within a mixed -use environment, without adversely affecting the viability of
Downtown." The proposed development agreement will encourage
development of a new office building, which will be consistent with the
uses in the area that consist of mixture of office and retail uses. The
proposed office building will also help maintain and improve the tax base
in the City.
B. The General Plan contains a number of relevant Goals, Objectives, and
Policies in the Economic Development Element. Goal ED1 aims "to create
in El Segundo a strong, healthy economic community in which all diverse
stakeholders may benefit." The proposed development agreement will
encourage development of a new office building, which will help improve
the City's employment and tax base. Therefore, the proposed
amendments to the existing development agreement are consistent with
the City of El Segundo General Plan as specified in the attached
resolution.
C. Goal ED2 aims "to provide a supportive and economically profitable
environment as the foundation of a strong local business community.
Approving the proposed agreement for development of an office building
would be consistent with this goal.
D. Objective ED2 -1 is "to strengthen the partnerships between local
government, the residential community, and El Segundo's business
community." Allowing the proposed use would be consistent with this
objective, in that it would help strengthen the partnership between the City
of El Segundo and a major business center in the City.
SECTION 5: Development Agreement Findings. Pursuant to City Council Resolution
No. 3268, adopted June 26, 1984, the Planning-Commission finds that:
A. The project is consistent with the objectives, policies, general land uses,
and programs specified in the general plan and any applicable specific
plan. The First Amendment to Development Agreement No. 00 -02 would
provide the following public benefits in exchange for valuable development
rights (five -year entitlement):
1. Increase and further stabilize the City's tax base through
development of new commercial businesses.
2. Provide fiscal benefit to the City by generating additional business
license and sales tax revenue for the City's General Fund.
3. Increase the diversity of uses and services in the City.
4. Increase City revenues through the generation of taxes that
outweigh the City cost of services.
Jl
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5. Development of a project that is consistent with the Elements of the
General Plan.
B. The project is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located.
The proposed office building would be located in the Corporate Office
(CO) Zone. Offices are consistent with the existing uses in the immediate
vicinity and those permitted in the CO Zone. In addition, the proposed
development would comply with all the development standards of the CO
Zone, including the building height, building area, and the parking and
loading requirements.
C. The project is in conformity with the public convenience, general welfare
and good land use practice. The proposed development would be
consistent with the permitted uses and the development standards of the
CO Zone. In addition, the development would be consistent with current
Fire and Building Codes and all other applicable regulations, thereby
protecting the general welfare.
D. The project will not be detrimental to the health, safety and general
welfare. The proposed development would be consistent with the
permitted uses and the development standards of the CO Zone. In
addition, the development would be consistent with the current Fire and
Building Codes and other applicable regulations, thereby protecting the
general welfare. Furthermore, a Mitigated Negative Declaration adopted
for the proposed project determined that with mitigation the project would
not result in significant environmental impacts.
E. The project will not adversely affect the orderly development of property or
the preservation of property values. The proposed project would be
consistent with the City's development standards and would improve the
value of the subject site, which has been vacant for approximately eight
years.
SECTION 6: Recommendation. The Planning Commission recommends that the City
Council adopt the draft ordinance, attached as Exhibit "B," and incorporated by
reference, which would amend Development Agreement No. 00 -02.
SECTION 7: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to
T A Associates and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time
13
period. Failure to file a timely written appeal will constitute a waiver of any right of
appeal.
SECTION 10. Except as provided in Section 10, this Resolution is the Planning
Commission's final decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 24th day of February 2011.
David Wagner, Chairperson
City of El Segundo Planning Commission
ATTEST:
Greg Carpenter, Secretary
Wagner -
Fellhauer -
Baldino -
Barbee -
Newman -
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \901 - 925 \EA - 91 1 \Planning Commission 02242011 \EA -911 PC
Reso 02242011.doc
0%,j
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ORDINANCE NO.
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 00 -02
BETWEEN REALTY ASSOCIATES ADVISORS, LLC, AND THE CITY
OF EL SEGUNDO AFFECTING A PROPERTY LOCATED AT 888 -898
NORTH SEPULVEDA BOULEVARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On March 20, 2001, the City Council of the City of El Segundo approved
Environmental Assessment No. 535, Development Agreement No. 00 -02,
and General Plan Amendment to allow the development of an office
building at 888 North Sepulveda Boulevard;
B. On February 8, 2011, the applicant, filed an application for an amendment
( "First Amendment ") to Development Agreement No. 00 -02;
C. The application from Realty Associates Advisors, LLC was reviewed by
the City's Planning and Building Safety Department for, in part,
consistency with the General Plan and conformity with the El Segundo
Municipal Code ( "ESMC ");
D. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal.
Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for February 24, 2011;
F. The Planning Commission held a public hearing regarding the application
on February 24, 2011. Thereafter the Planning Commission adopted
Resolution No 2688 recommending that the City Council amend
Development Agreement No. 00 -02; and
G. On March 15, 2011, the Council held a public hearing and considered the
information provided by the Planning Commission, City Staff, public
testimony, and representatives of the applicant Realty Associates
Advisors, LLC; and
H. This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its March 15, 2011, public hearing
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including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Environmental Assessment. The City Council previously certified a
Mitigated Negative Declaration for the proposed project pursuant to the requirements of
CEQA. In accordance with CEQA Guidelines § 15162(a), a new environmental
document is not required for the proposed extension of the term of the Development
Agreement since the proposed project does not involve substantial changes that will
require major revisions to the previous Mitigated Negative Declaration, and will not
result in a significant impact to the environment or require new mitigation measures.
SECTION 3: Amendments to the Development Agreement. Development Agreement
No. 00 -02 is amended in its entirety as set forth in attached Exhibit "A," which is
incorporated into this Ordinance by reference.
SECTION 4: 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 5: This Ordinance will remain effective until superseded by a subsequent
ordinance.
SECTION 6: 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.
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SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED, APPROVED AND ADOPTED this day of April 2011.
Eric Busch, 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 March 2011, and aandulattested passed
to and adopted by by the City Clerk, said
al Cat a regular
approved and signed by the
meeting of said Council held on the day of April 2011, 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
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \901 - 925 \EA - 91 1 \Planning Commission 02242011 \EA -911
draft Ordinance 02242011.doc
Jv
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EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
REALTY ADVISORS ASSOCIATES, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS A
OF EXECUTION BY L PARTIES HERETO PURSUANT TO THE
BY
REQUIREMENTS OF GOVERNMENT CODE §65868.5
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20TH day of March
2011, by and between the CITY OF EL SEGUNDO, a City in the State of California
( "City "), and REALTY ADVISORS ASSOCIATES, LLC, a Delaware limited liability
company (the Developer "). In consideration of the mutual covenants and agreements
contained in this 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 §§ 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 comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly
known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N.
Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N Sepulveda Boulevard
is improved with an eight (8) - 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 -1 " attached hereto. Currently, 888 N. Sepulveda Boulevard is vacant.
The property was formerly improved with a twelve (12) -story, one hundred forty
thousand (140,000) square foot office building, which had been vacant for
approximately ten (10) years, that contained asbestos and required extensive
retrofitting. The building was demolished in 2002. 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 n Exhibit colectively referred to
hereto. and herein as "Parcel 2",
and are legally described o
C. The Parties desire to enter into this Agreement in conformance with
the Government Code and the 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 construct an office building ten (10)
stories or less, but not to exceed 200 feet in height, consisting of a maximum of one
eighty eight thousand eight hundred and forty seven (88,847) square feet with a Floor
Area Ratio ( "FAR ") of 0.8. Parking for the new office 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
Ju
hereinafter sometimes referred to as the "Project." All parking required for Parcel 1
must be provided on Parcel 2.
E. The City desires to obtain with the' provisions ons of this tAg Developer
for the development of the Site in accordance
F. The Developer desires to obtain the binding agreement of the City
to permit the Developer to develop the Project in accordance with the "Applicable
Rules" (as hereinafter defined), as modified by this Agreement. In consideration
thereof, Developer agrees to waive its rights to legally challenge the limitations and
restrictions imposed upon the development of the Property pursuant to the Project
approvals and this Agreement and to provide the public benefits and improvements
specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission
and City Council of the City 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 the d the and surrounding of
region. The City has specifically considered and approved
this Project upon the welfare of the region.
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 uncertainty in planning and provides for
the orderly development of the Project, and generally serves the public interest within
the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it
anticipates that the Project, once completed, will replace vacant property with an
attractive structure acting as a gateway and landmark for the northern portion of the
City.
2. _Definitions. 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, permitted 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
:1 ;i
by the City and the conditions imposed by this Agreement and the Project's
Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision, and which contemplate and
authorize the imposition of revisions or conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City, in the
process of approving or disapproving a particular activity, as distinguished from an
activity which merely requires the City, including any board, commission, or department
of the City and any officer or employee of the City, to determine whether there has
been compliance with applicable statutes, ordinances, regulations, or conditions of
approval.
(c) "Effective Date" means 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 criteria applicable to the Project and Site. The parties
intend the development of the Project and the Site to be subject to Subsequent
Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this
Agreement.
(e) "Zoning Ordinance" means the zoning regulations set forth in in
the El Segundo Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The Developer represents to the City that, as of the
Effective Date, it owns the Site in fee, subject to encumbrances, easements, covenants,
conditions, restrictions, and other matters of record.
4. Bindina Effect. This Agreement, and all of the terms and conditions of this
Agreement, run with the land comprising the Site and are binding upon and inure to the
benefit of the parties and their respective assigns, heirs, or other successors in interest.
5. Negation of Aaency. The Parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith is construed as making the City and Developer joint
venturers, partners or employer /employee.
6. Development of the Property. The following specific restrictions govern the
use and development of the Project as described herein and in Exhibit "B." and without
the need for any additional Discretionary Actions:
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(a) Permitted Uses of the Property. Nothing set forth in this Agreement
may 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 are
provided in the Applicable Rules, as modified by subsection (f) herein below;
(b) Density and Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project are set forth in
this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and
Developer agree that the maximum height and size of the building proposed for the
Project are set forth in this Agreement.
(d) Development Standards. All design and development standards
applicable to the development of the Project must comply with the Applicable Rules, as
modified by subsection (f) herein below, the conditions of the Discretionary Approvals
as adopted, amended or modified in the future by mutual consent. The sole exactions,
conditions, and mitigation measures to be required for the Project are those contained
in the Applicable Rules, the conditions imposed by the Project's Discretionary
Approvals, and this Agreement.
(e) Adherence to Building Code. All construction on the Property must
adhere to the model codes adopted by reference in the ESMC in accordance with
California law 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 ").
(f) Exceptions to Development Standards. The Developer may 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 is permanently revoked and the use
must be discontinued upon the issuance of a Certificate of Occupancy forthe first
tenant improvement associated with the Development Project, excluding
occupancy of a building management/leasing office which does not trigger such
revocation.
7. Acknowledaements. Aareements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful performance in
developing the Project on the Site, 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
f ,
5 A.01
Developer's assurances and faithful performance thereof and that same is in balance
with the benefits conferred by the City on the Project and the Developer by this
Agreement. 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. Acknowledaments Agreements and Assurances on the Part of the City.
In order to effectuate the provisions of this Agreement and in consideration for the
Developer to obligate itself to carry out the covenants and conditions set forth in the
preceding Section 7 of this Agreement, the City hereby agrees and assures Developer
that Developer will be permitted to carry out and complete the development of the
Project within the Site, subject to the terms and conditions of this Agreement, the
conditions of the Project Approvals and the Applicable Rules, as modified by this
Agreement. Therefore, the City hereby agrees and acknowledges that:
(a) Entitlement to Develop. The Developer is granted the vested right
to develop the Project on the Site to the extent and in the manner provided in this
Agreement, subject to the Applicable Rules, as modified by this Agreement, and, should
the City make the findings set forth .below in this subparagraph (a), any "Subsequent
Applicable Rules." Any change in the Applicable Rules, including, without limitation,
any change in the General Plan, any applicable Specific Plan, Zoning Ordinance,
growth management regulations, design standards or any subdivision regulation of the
City, adopted or becoming effective after the Effective Date, cannot be applied by the
City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site
by the City only if, after public hearing, (1) the City determines that the failure of the City
to apply Subsequent Applicable Rules will place residents of the City in a condition
substantially dangerous to their health or safety, which condition cannot otherwise be
mitigated in a reasonable manner and (2) it is applied consistently and evenly to all
other similar developments in the City. Subsequent Applicable Rules with regard to
increases in existing permit fees imposed by the City (i.e., fees intended to cover the
City's processing costs) and not otherwise restricted by the terms of this Agreement,
may, notwithstanding the above, be imposed on Developer.
In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance with
one or more provisions of the Agreement, such provisions of the Agreement must be
modified or suspended as may be necessary to comply with such state or federal law or
regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required subsequent to
the execution of this Agreement, the City agrees that it will not unreasonably withhold
from Developer or unreasonably condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for the development of
the Project Site to proceed unless the City determines that (1) the failure to impose such
condition would place residents of the City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be mitigated in a reasonable manner
6 iV
and (2) such condition is applied consistently and evenly to all other similar
developments in the City. Moreover, in the event that a state or federal law or regulation
is enacted after this Agreement has been entered into, which would prevent or preclude
compliance with one or more provisions of the Agreement, such provisions of the
Agreement shall be modified or suspended as may be necessary to comply with such
state or federal law or regulation.
9. Vestina of Development Rights. In Pardee Construction Co. v. City of
Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of
the parties therein to provide for the timing or rate of development resulted in a after -
adopted initiative restricting the rate of development to prevail against the parties'
agreement. City and Developer intend to avoid the result in Pardee by acknowledging
and providing that Developer shall have the right, without obligation, except as
otherwise specifically set forth herein, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's
and Developer's intent, as set forth in this Section, no future amendment of any existing
City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the 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 Developer agrees to contribute to the City an
additional sum as an enhanced community benefit to be paid to the City annually for a
period of five (5) years beginning upon the effective date of this Development
Agreement. The Developer will be permitted to use any excess parking spaces for an
off -site airport parking use located in the parking structure at 892 North Sepulveda
Boulevard. The number of excess parking spaces is determined by the number of
spaces that are not required by the El Segundo Municipal Code for use by the existing
office building at 898 North Sepulveda Boulevard. The airport parking use is permitted
on an interim basis in a manner consistent with Administrative Use Permit No. 94 -6,
until a Certificate of Occupancy is issued for the proposed office building. This payment
will cease after five (5) years or on the date that a Certificate of Occupancy is issued for
the proposed building, whichever occurs first. The payment schedule is as follows:
Year 1: $12,000 (to be paid upon the effective date of this Development Agreement)
Year 2: $12,000 (due 12 months after the proceeding payment)
Year 3: $18,000 (due 12 months after the proceeding payment)
Year 4: $18,000 (due 12 months after the proceeding payment)
Year 5: $18,000 (due 12 months after the proceeding payment)
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-
7
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 before the City's issuance of a Certificate
of Occupancy for the first tenant improvement associated with the Development Project,
excluding a building /management and leasing office which shall not trigger the
contribution obligation. Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate
with Developer to the fullest extent reasonable and feasible to implement this
Agreement. Upon satisfactory performance by Developer of all required preliminary
conditions, actions and payments, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation of this Agreement and
the development of the Project or Site in accordance with the terms of this Agreement.
Developer must, 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 Compliance.
(a) Periodic Review. The City Manager of the City will 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 El Segundo
Municipal Code in order to ascertain compliance by the Developer with the terms of this
Agreement.
(b) Sgecial 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, must conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer is required to demonstrate good faith compliance with the terms of this
Agreement. The burden of proof on this issue shall be on the Developer. The parties
acknowledge that failure by the Developer to demonstrate good faith compliance
constitutes grounds for termination or modification of this Agreement in accordance with
Government Code § 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement is deemed to have breached
this Agreement if it materially breaches any of the provisions of the Agreement and the
same is not cured within the time set forth in a written notice of violation from the non -
breaching party to the breaching party, which period of time cannot 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
8 1 U'
reasonably cure a non — monetary breach within the time set forth in the notice, then the
breaching party cannot be in default if it commences to cure the breach within such time
limit and diligently effects such cure thereafter. If the City determines to proceed with
termination of this Agreement, the City must give written notice to the Developer of its
intention to terminate this Agreement and comply with the notice and public hearing
requirements of Government Code §§ 65867 and 65868. At the time and place set forth
in the hearing on termination, the Developer must 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 of Notice of Violation. Every notice of violation must 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 is 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) Remedies for Breach. The Parties agree that remedies for breach
of the Agreement is limited to the remedies expressly set forth in this subsection. The
remedies for breach of the Agreement by City or Developer are limited to injunctive
relief and /or specific performance except in the event of a monetary default by
Developer the City is entitled to seek any remedy available to it at law or in equity.
14. Mortgagee Protection: At the same time that City gives notice to the
Developer of a breach, City must 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 must be sent by United States mail, registered or certified, postage prepaid,
return receipt requested, and are deemed received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant to this Section has the right,
at its option and insofar as the rights of City are concerned, to 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 may 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 cure within sixty (60) days after receipt of the
notice for City and thereafter diligently prosecutes the same to completion. City.cannot
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 is binding and effective against the Financier and every
owner of the Site, or part thereof, whose title thereto is acquired by foreclosure, trustee
sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City may deliver written notice to the Developer
requesting that such party certify in writing that, to the knowledge of the certified party (i)
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this Agreement is in full force and effect and a binding obligation of the parties, (ii) this
Agreement has not been amended, or if amended, the identity of each amendment, and
(iii) the requesting party is not in breach of this Agreement, or if in breach, a description
of each such breach. The party receiving such a request must execute and return the
certificate within thirty (30) days following receipt of the notice. City acknowledges that a
certificate may be relied upon by successors in interest to the Developer who requested
the certificate and by holders of record of deeds of trust on the portion of the Site in
which that Developer has a legal interest.
16. Operating Memoranda and Amendments of Development Agreement.
(a) Operating Memoranda. The Parties acknowledge that the
provisions of the Agreement require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the details of performance of the Parties under this Agreement. The Parties
desire, therefore, to retain a certain degree of flexibility with respect to the details of
performance for those items covered in general terms under this Agreement. If and
when, from time to time, the Parties find that refinements or adjustments are desirable,
such refinements or adjustments will be accomplished through operating memoranda or
implementation agreements approved by the Parties which, after execution, will be
attached to this Agreement as addenda and become a part hereof.
Operating memoranda or implementation agreements may be executed
on behalf of the City by the City Manager and the City Attorney. In the event a
particular subject requires notice or hearing, such notice or hearing will be appropriately
given. Any significant modification to the terms of performance under this Agreement
will be processed as an amendment of this Agreement in accordance with applicable
rules and must be approved by the. City Council.
(b) Amendments. This Agreement may be amended from time to time
only upon the mutual written consent of City and Developer; provided, however, that in
connection with the transfer of any portion of Developer's rights or obligations under this
Agreement to another developer, Developer (or any assignee of Developer's rights),
such other developer and City may agree that the signature of such other developer
may be required to amend this Agreement insofar as such amendment would materially
alter the rights or obligations of such developer hereunder. In no event will the
signature or consent of any "Non- Assuming Transferee" (defined below) be required to
amend this Agreement.
(c) Minor Changes. Any change to this Agreement which does not
substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site,
(iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions
or requirements for subsequent discretionary actions, (v) the density or intensity of use
of the Project Site or the maximum height or size of proposed buildings or (vi) monetary
contributions by Developer, will, with Developer's consent, be subject to the review and
10 ,� iJ 6
approval of the City's city manager (the "City Manager") and not require notice or public
hearing, except to the extent otherwise required by law.
(d) Future Development Agreements. Except as otherwise consented
to by Developer, any future development agreement that may be entered into between
City and a successor or assign of Developer with respect to any portion of the Project
Site must be consistent with the terms and provisions of this Agreement.
(e) Future Approvals Do Not Require Amendments to Development
Agreement. Except as may be otherwise agreed to by the parties, no amendment of
this Agreement is required in connection with the issuance of any Discretionary
Approval. Any Discretionary Approval issued after the Effective Date will automatically
be incorporated into this Agreement and vested hereby. City will not issue any
Discretionary Approval for any portion of the Project Site unless Developer requests
such Discretionary Approval from City.
17. Term of Agreement. This Agreement becomes operative and begins upon
the Effective Date and remains in effect for a term of five (5) years, unless said term is
terminated, modified, or extended by circumstance set forth in this Agreement or by
mutual consent of the parties hereto. Following the expiration of said term, this
Agreement is deemed terminated and of no further force and effect; provided, such
termination does not automatically affect any right of the City or Developer arising from
City approvals on the Project before the expiration of the term or arising from the duties
of the parties as prescribed in this Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by
the City staff concerning the interpretation and, administration of this Agreement and the
Project which is the subject hereof are appealable to the City Council and all like
decisions by the City Council are final. However, decisions of the City Council shall also
be subject to judicial review pursuant to Code of Civil Procedure § 1094.5. so long as
such action is filed in a court of competent jurisdiction not later than ninety (90) days
following the date on which the City's decision becomes final pursuant to Code of Civil
Procedure § 1094.6.
19. Notices. All-notices under this Agreement must be in writing and are
effective when personally delivered or upon the third (3rd) day after deposit in the United
States mail as registered or certified mail, postage prepaid, return receipt requested, to
the following representatives of the parties at the addresses indicated below:
If to the City: City of El Segundo
350 Main Street
E1 Segundo, California 90245
Attn: Director of Planning and Building Safety
With a copy to: Jenkins & Hogin, LLP
11 j, 0
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: Realty Associates Advisors, LLC
1301 Dove Street, Suite 860
Newport Beach, CA 92660
Attn: Cliff Chandler
With a copy to: 898 Sepulveda Associates, LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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. Severability and 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 this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
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
materials, civil commotion, fire, or other circumstances which substantially interfere with
carrying out the Project, as approved by the City, or with the ability of either party to
perform its obligations under this Agreement, and which are not due to actions of
Developer and are beyond its reasonable control, the parties agree to bargain in good
faith to modify such obligations to achieve the goals and preserve the original intent of
this Agreement.
23. Waiver. No waiver of any provision of this Agreement constitutes a waiver
of any other provision, whether or not similar; nor does any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver is 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 Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement cannot be
amended, except as expressly provided herein.
25. Relationship of the Parties. Each party acknowledges that, in entering
into and performing under this Agreement, it is acting as an independent entity and not
as an agent of any of the other Party in any respect. Nothing contained herein or in any
document executed in connection herewith may be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections
and subsections of this Agreement are for convenience of reference only, and they do
not constitute a pact of this Agreement for any other purpose or affect interpretation of
the Agreement. Should any provision of this Agreement be found to be in conflict with
any provision of the Project Approvals or the Subsequent Approvals, the provisions of
this Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the Project
Site is conclusively deemed to have consented and agreed to every provision contained
herein, whether or not any reference to this Agreement is contained in the instrument by
which such person acquired 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 has any right of action based upon any provision of this Agreement.
29. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this
Agreement prevail.
31. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein, Developer
is released from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer and the City's sole remedy is
against the assignee or its successor or assign, provided that (i) Developer is not in
breach of this Agreement at the time of the sale or transfer and (ii) before the sale or
transfer, Developer delivers to City a written assignment and assumption agreement in
13 1 U i
the four attached hereto as Exhibit "C," duly executed by the purchaser or transferee
and notarized by a notary public, whereby the purchaser or transferee expressly
assumes the obligations of Developer under this Agreement with respect to the sold or
transferred portion of the Property. Failure to provide a written assumption agreement
hereunder does not negate, modify or otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing contained herein may be deemed to
grant to City discretion to approve or deny any such sale or transfer.
32. Hold Harmless. The Developer hereby agrees to and must defend,
protect, save and hold the City and its elected and appointed boards, commissions,
officers, agents and employees harmless from any and all claims, costs, losses, fines,
penalties, demands, injuries, judgments and /or liabilities for any damages arising out of,
or resulting from, the City's approval of this Agreement or either party's performance
pursuant to this Agreement; provided, however, that the Developer is not required to
indemnify the City from its negligence or willful misconduct; and further provided that the
Developer may elect to legally challenge the City's implementation or interpretation of
this Agreement.
33. Joint Preparation. This Agreement is deemed to have been prepared
jointly and equally by the Parties, and it cannot be construed against any party on the
ground that the Party prepared the Agreement or caused it to be prepared.
34. Governina Law and Venue. This Agreement is made, entered into, and
executed in the County of Los Angeles, California, and the laws of the State of
California govern its interpretation and enforcement. Any action, suit or proceeding
related to, or arising from, this Agreement must be filed in the appropriate court having
jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple counterparts,
each of which is deemed an original, but all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date first written above
CITY OF EL SEGUNDO
0
ATTEST:
Mayor
Cindy Mortesen, City Clerk
14
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Approved as to form:
Mark D. Hensley, City Attorney
REALTY ASSOCIATES ADVISORS, LLC,
a Delaware limited liability company
By:
Name: Cliff Chandler
Its" President
15
By:
Name:
Its"
15
Approved as to form:
Mark D. Hensley, City Attorney
REALTY ASSOCIATES ADVISORS, LLC,
a Delaware limited liability company
President
�1
EXHIBIT A -1
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
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EXHIBIT A -1
-1-
EXHIBIT A -2
Legal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
A
EXHIBIT A -2
4-
EXHIBIT "B"
Description of Proiect
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
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 will not trigger
such revocation.
EXHIBIT "B"
,y
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EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this _ day of ,
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ( "Assignor ") and ( "Assignee ") with respect to the
following facts:
RECITALS:
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.
Y�V
EXHIBIT "C"
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
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 PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A
DIFFERENT ADDRESS WHICH SHALL BE 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
limit or deprive a party 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 in any respect for any reason, the validity, legality and enforceability of
EXHIBIT "C
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable 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 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 judgment arising from such action or proceeding.
(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 subject matter other than those set forth or referred to
herein.
(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.
0) 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 to the
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 any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C" 1
and being for the sole and exclusive 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 in separate 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 "), and 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 original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR"
"ASSIGNEE"
Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
Name:
Its:
EXHIBIT "C"
� f
EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
WQ /SED REAL ESTATE LIMITED PART-NEOCUioREALTY ADVISORS ASSOCIATES,
LLC, A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20TH day of March
209.1-2011, by and between the CITY OF EL SEGUNDO, a City in the State of California
( "City "), and W9 /SED REAL ESTATE LIMITED PARTNERSHIPREALTY ADVISORS
ASSOCIATES. LLC, a Delaware limited paFtipliability company (the "Developer
In consideration of the mutual covenants and agreements contained in this 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 Sestier►s§§
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 comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly
known as 888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N.
Sepulveda Boulevard (collectively, the "Site "). Currently, 898 N Sepulveda Boulevard
is improved with an eight (8) - 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 -1" attached hereto. Currently, 888 N. Sepulveda Boulevard is vacant.
The property was formerly improved with a twelve (12) -story, one hundred forty
thousand (140,000) square foot office building, which hashad been vacant for
approximately ten (10) years, eGRtaiRsthat contained asbestos and rege+resrequired
extensive retrofitting. The building was demolished in 2002. 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 Exhibit "A -2" attached hereto.
C. The Parties desire to enter into this Agreement in conformance with
the Government Code and the Gity 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 demelish the existing twelve (12) -steFy
construct an office building ten (10) stories
or less, but not to exceed 200 feet in height, consisting of a maximum of ene -hundF
twenty theusand six hundFed and ten eighty eight thousand eight hundred and forty
seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 4.086 0_8. Parking for
the new six (6) - steFoffice building would be provided by the existing parking structure
�JL
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." All parking required for Parcel 1 shaflmust be provided on Parcel 2.
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 Project in accordance with the "Applicable
Rules" (as hereinafter defined), as modified by this Agreement. In consideration
thereof, Developer agrees to waive its rights to legally challenge the limitations and
restrictions imposed upon the development of the Property pursuant to the Project
approvals and this Agreement and to provide the public benefits and improvements
specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission
and City Council of the City 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 and the surrounding
region. The City has specifically considered and approved the impact and benefits of
this Project upon the welfare of the region.
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 uncertainty in planning and provides for
the orderly development of the Project, and generally serves the public interest within
the City of El Segundo and the surrounding region.
K. The City is entering into this Agreement in part because it anticipates
that the Project, once completed, will replace
vacant property with an attractive structure
acting as a gateway and landmark for the northern portion of the City. T-he
deyel9pffleRt Of the PF9jeGt will eliminate an obselete buolding in the Gity in the fGFFA Of
2. Definitions. 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, permitted 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 by this Agreement and the Project's
Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions
which require the exercise of judgment or a decision, and which contemplate and
authorize the imposition of revisions or conditions, by the City, including any board,
commission, or department of the City and any officer or employee of the City, in the
process of approving or disapproving a particular activity, as distinguished from an
activity which merely requires the City, including any board, commission, or department
of the City and any officer or employee of the City, to determine whether there has
been compliance with applicable statutes, ordinances, regulations, or conditions of
approval.
(c) "Effective Date" shall bemeans 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 criteria applicable to the Project and Site. The parties
intend the development of the Project and the Site to be subject to Subsequent
Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this
Agreement.
(e) "Zoning Ordinance" '
Segundo GORtain means the zoning regulations set forth in the El Segundo
Municipal Code, as it exists on the Effective Date.
3. Interest of Developer. The Developer represents to the City that, as of the
Effective Date, it owns the 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 -beare binding upon and
inure to the benefit of the parties and their respective assigns, heirs, or other
successors in interest.
5. Neaation of Agency. The Parties acknowledge that, in entering into and
performing under this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained herein or in any document
executed in connection herewith shall be construed as making the City and Developer
joint venturers, partners or employer /employee.
4
6. Development of the Property. The following specific restrictions sha
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) Permitted Uses of the Property. Nothing set forth in this Agreement
sh"May 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 -asare provided in the Applicable Rules, as modified by subsection (f)
herein below;
(b) Density and Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project shall be as set
forth in this Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and
Developer agree that the maximum height and size of the building proposed for the
Project shall a: are set forth in this Agreement.
(d) Development Standards. All design and development standards
applicable to the development of the Project shall be in aGreFdanGe.must comply with
the Applicable Rules, as modified by subsection (f) herein below, the conditions of the
Discretionary Approvals as adopted, amended or modified in the future by mutual
consent. The sole exactions, conditions, and mitigation measures to be required for the
Project s#afl-beare those contained in the Applicable Rules, the conditions imposed by
the Project's Discretionary Approvals, and this Agreement.
(e) Adherence to Building Code. All construction on the Property
shallmust adhere to the GalifGFRia. BuildiRg Gede,
model codes adopted by reference in_ the _ESMC in accordance with
California law 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 ").
(f) Exceptions to Development Standards. The Developer shall be
peffnifted-teMay 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 is permanently revoked and
the use shall bemust discontinued upon the issuance of a Certificate of
5
Occupancy for the first tenant improvement associated with the Development
Project, excluding occupancy of a building management/leasing office which
shagg[ges not trigger such revocation;
7. Acknowledgements Agreements and Assurances on the Part of the
Developer. The parties acknowledge and agree that Developer's faithful performance in
developing the Project on the Site, 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 thereof and that same is in balance
with the benefits conferred by the City on the Project and the 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. Acknowledgments Agreements and Assurances on the Part of the City.
In order to effectuate the provisions of this Agreement and in consideration for the
Developer to obligate itself to carry out the covenants and conditions set forth in the
preceding Section 7 of this Agreement, the City hereby agrees and assures Developer
that Developer will be permitted to carry out and complete the development of the
Project within the Site, subject to the terms and conditions of this Agreement, the
conditions of the Project Approvals and the Applicable Rules, as modified by this
Agreement. Therefore, the City hereby agrees and acknowledges that:
(a) Entitlement to Develop. The Developer is hereby granted the
vested right to develop the Project on the Site to the extent and in the manner provided
in this Agreement, subject to the Applicable Rules, as modified by this Agreement, and,
should the City make the findings set forth below in this subparagraph (a), any
"Subsequent Applicable Rules_" Any change in the Applicable Rules, including,
without limitation, any change in the General Plan, any applicable Specific Plan, Zoning.
Ordinance, growth management regulations, design standards or any subdivision
regulation of the City, adopted or becoming effective after the Effective Date, shat}
netcannot be applied by the City to the Project on the Site. Subsequent Applicable
Rules can be applied to the Site by the City only if, after public hearing, (1) the City
determines that the failure of the City to apply Subsequent Applicable Rules will place
residents of the City in a condition substantially dangerous to their health or safety,
which condition cannot otherwise be mitigated in a reasonable manner and (2) it is
applied consistently and evenly to all other similar developments in the City.
Subsequent Applicable Rules with regard to increases in existing permit fees imposed
by the City (i.e., fees intended to cover the City's processing costs) and not otherwise
restricted by the terms of this Agreement, may, notwithstanding the above, be imposed
on Developer.
In the event that a state or federal law or regulation is enacted after this
Agreement has been entered into, which would prevent or preclude compliance with
one or more provisions of the Agreement, such provisions of the Agreement shall be
modified or suspended as may be necessary to comply with such state or federal law or
regulation.
(b) Subsequent Discretionary Actions. With respect to any
Discretionary Action or Discretionary Approval that is, or may be required subsequent to
the execution of this Agreement, the City agrees that it will not unreasonably withhold
from Developer or unreasonably condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for the development of
the Project Site to proceed unless the City determines that (1) the failure to impose such
condition would place residents of the City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be mitigated in a reasonable manner
and (2) such condition is applied consistently and evenly to all other similar
developments in the City. Moreover, in the event that a state or federal law or regulation
is enacted after this Agreement has been entered into, which would prevent or preclude
compliance with one or more provisions of the Agreement, such provisions of the
Agreement shall be modified or suspended as may be necessary to comply with such
state or federal law or regulation.
9. Vesting of Development Rights. In Pardee Construction Co. v. City of
Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of
the parties therein to provide for the timing or rate of development resulted in a after -
adopted initiative restricting the rate of development to prevail against the parties'
agreement. City and Developer intend to avoid the result in Pardee by acknowledging
and providing that Developer shall have the right, without obligation, except as
otherwise specifically set forth herein, to develop the Property in such order and at such
rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's
and Developer's intent, as set forth in this Section, no future amendment of any existing
City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the
sequencing of development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the 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 Developer agrees to contribute to the City an
additional sum as an enhanced community benefit to be paid to the City annually for a
period of five (5) years beginning upon the effective date of this Development
Agreement. The Developer will be permitted to use any excess parking spaces for an
7
off -site airport parking use located in the parking structure at 892 North Sepulveda
Boulevard. The number of excess parking spaces is determined by the number of
sgaces that are not required by the El Segundo Municipal Code for use by the existing
office building at 898 North Sepulveda Boulevard. The airport parking use is permitted
on an interim basis in a manner consistent with Administrative Use Permit No. 94 -6
until a Certificate of Occupancy is issued for the proposed office building. This payment
will cease after five (5) years or on the date that a Certificate of Occupancy is issued for
the proposed building, whichever occurs first. The payment schedule is as follows:
Year 1:
$12,000
(to be paid upon the effective date of this Development Agreement)
Year 2:
$12,000
(due 12 months after the
proceeding
payment)
Year 3:
$18,000
(due 12 months after the
proceeding
payment)
Year 4:
$18,000
(due 12 months after the
proceeding
payment)
Year 5:
$18,000
(due 12 months after the
proceeding
payment)
the demolition of the existing, YaGant twelve (12) -steFy building 10Gated on the-Site-,the
,
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 PFi0F tebefore the City's issuance of a
Certificate of Occupancy for the first tenant improvement associated with the
Development Project, excluding a building /management and leasing office which shall
not trigger the contribution obligation Any such work shall be performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate
with Developer to the fullest extent reasonable and feasible to implement this
Agreement. Upon satisfactory performance by Developer of all required preliminary
conditions, actions and payments, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation of this Agreement and
the development of the Project or Site in accordance with the terms of this Agreement.
Developer sha#must, 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 Compliance.
(a) Periodic Review. The City Manager of the City s#aHwill 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 El Segundo
Municipal Code in order to ascertain compliance by the Developer with the terms of this
Agreement.
i;� "',
(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, &h"must conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer leis required to demonstrate good faith compliance with the terms of
this Agreement. The burden of proof on this issue shall be on the Developer. The
parties acknowledge that failure by the Developer to demonstrate good faith compliance
sh" constitutes grounds for termination or modification of this Agreement in
accordance with Government Code_§ 65865.1.
13. Default Provisions.
(a) Default. Either party to this Agreement shall -beis deemed to have
breached this Agreement if it materially breaches any of the provisions of the
Agreement and the same is not cured within the time set forth in a written notice of
violation from the non - breaching party to the breaching party, which period of time
shall etcannot 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 party shall - Retcannot be in default if it
commences to cure the breach within such time limit and diligently effects such cure
thereafter. If the City determines to proceed with termination of this Agreement, the City
shallmust give written notice to the Developer of its intention to terminate this
Agreement and comply with the notice and public hearing requirements of Government
Code Sections 65867 and 65868. At the time and place set forth 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 of Notice of Violation. Every notice of violation shallmust
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 leis 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) Remedies for Breach. The Parties agree that remedies for breach
of the Agreement shat -beis limited to the remedies expressly set forth in this
subsection. The remedies for breach of the Agreement by City or Developer shall Beare
limited to injunctive relief and /or specific performance except in the event of a monetary
default by Developer the City leis entitled to seek any remedy available to it at law
or in equity.
i��
14. Mortgagee Protection: At the same time that City gives notice to the
Developer of a breach, City &haflmust 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 swa#must be sent by United States mail, registered or certified, postage prepaid,
return receipt requested, and shall -beare deemed received upon the third (3r ) day after
deposit. Each Financier that has given prior notice to City pursuant to this Section slaaall
havehas the right, at its option and insofar as the rights of City are concerned, to 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 shallmay 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 cure within
sixty (60) days after receipt of the notice for City and thereafter diligently prosecutes the
same to completion. City shall - net cannot 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 beis
binding and effective against the Financier and every owner of the Site, or part thereof,
whose title thereto is acquired by foreclosure, trustee sale or otherwise.
15. Estoppel Certificate. At any time and from time to time, Developer may
deliver written notice to City and City may deliver written notice to the Developer
requesting that such party certify in writing that, to the knowledge of the certified party (i)
this Agreement is in full force and effect and a binding obligation of the parties, (ii) this
Agreement has not been amended, or if amended, the identity of each amendment, and
(iii) the requesting party is not in breach of this Agreement, or if in breach, a description
of each such breach. The party receiving such a request shaallmust execute and return
the certificate within thirty (30) days following receipt of the notice. City acknowledges
that a certificate may be relied upon by successors in interest to the Developer who
requested the certificate and by holders of record of deeds of trust on the portion of the
Site in which that Developer has a legal interest.
MW
XL
(a) Operating Memoranda_ Parties acknowledge that the
provisions of the Agreement require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the details of performance of the Parties under this Agreement. The Parties
desire therefore, to retain a certain dearee of flexibility with respect to the details of
performance for those items covered in aeneral terms under this Agreement. If and
10 �. �,
when from time to time the Parties find that refinements or adjustments are desirable,
such refinements or adjustments will be accomplished through operating memoranda or
imnlomcntntinn anrppmpnN annrnved by the Parties which. after execution, will be
Operating memoranda or implementation agreements may be executed
on behalf of the City by the City Manager and the City Attorney. In the event a
particular subject requires notice or hearing, such notice or hearing will be appropriately
given Any significant modification to the terms of performance under this Agreement
will be processed as an amendment of this Agreement in accordance with applicable
rules and must be approved by the City Council.
(b) Amendments This Agreement may be amended from time to time
only upon the mutual written consent of City and Developer; provided, however, that in
connection with the transfer of any portion of Developer's rights or obligations under this
Agreement to another developer, Developer (or any assignee of Developer's rights),
such other developer and City may agree that the signature of such other developer
may be required to amend this Agreement insofar as such amendment would materially
alter the rights or obligations of such developer hereunder. In no event will the
signature or consent of any "Non - Assuming Transferee" (defined below) be required to
amend this Agreement.
(c) Minor Chanaes. Any change to this Agreement which does not
substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site,
NO provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions
or requirements for subsequent discretionary actions, (v) the density or intensity of use
of the Project Site or the maximum height or size of proposed buildings or NO monetary
contributions by Developer, will, with Developer's consent, be subject to the review and
approval of the City's city manager (the "City Manager ") and not require notice or public
hearing except to the extent otherwise required by law.
(d) Future Development Agreements. Except as otherwise consented
to by Developer, any future development aareement that may be entered into between
City and a successor or assign of Developer with respect to any portion of the Proiect
Site must be consistent with the terms and provisions of this Agreement.
(e) Future Approvals Do Not Require Amendments to Developmen
Agreement. Except as may be otherwise agreed to by the parties, no amendment of
this Agreement is required in connection with the issuance of any Discretionary
Approval Any Discretionary Approval issued after the Effective Date will automatically
be incorporated into this Agreement and vested hereby. City will not issue any
Discretionary Approval for any portion of the Project Site unless Developer requests
such Discretionary Approval from City.
17. Term of Agreement. This Agreement a4afi becomes operative and
semmeneebe ins upon the Effective Date and sal- remains in effect for a term of te-n
48)five 5 years, unless said term is terminated, modified, or extended by
circumstance set forth in this Agreement or by mutual consent of the parties hereto.
Following the expiration of said term, this Agreement shall beis deemed terminated and
of no further force and effect; provided, such termination sha4does not automatically
affect any right of the City or Developer arising from City approvals on the Project
tebefore the expiration of the term or arising from the duties of the parties as prescribed
in this Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by
the_City staff concerning the interpretation and, administration of this Agreement and the
Project which is the subject hereof are appealable to the City Council and all like
decisions by the City Council shall -beare final. However, decisions of the City Council
shall also be subject to judicial review pursuant to Code of Civil Procedure SesfiGn§
1094.5. so long as such action, is filed in a court of competent jurisdiction not later than
ninety (90) days following the date on which the City's decision becomes final pursuant
to Code of Civil Procedure aes#+ee§ 1094.6.
19. Notices. All notices under this Agreement sha4must be in writing and shall
be effective when personally delivered or upon the third (3rd) day after deposit in the
United States mail as registered or certified mail, postage prepaid, return receipt
requested, to the following representatives of the parties at the addresses indicated
below:
If to the City: City of El Segundo
350 Main Street
E1 Segundo, California 90245
Attn: Director e#Gemmun*,
f Planning and
Building Safety
With a copy to: BUFlie,
611 West SWI; -Fe
Les Angeles, Galifem a enkins & Hooin, LLP
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Mark Hensley
If to Developer: .
30 ExeGut've PaFk, Suite 100
Realty Associates Advisors,
LLC
1301 Dove Street, Suite 860
Newport Beach, CA 92660
12 1Ji
With a copy to:
' -Fleer
lFViRe, Galifermi-A Q-2614 7321
898 Sepulveda Associates,
LLC
4 Park Plaza, Suite 700
Irvine, CA 92614
Attn: David Drake
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. Severability and 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 this Agreement is superseded or, rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
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
materials, civil commotion, fire, acts -eft or other circumstances which substantially
interfere with carrying out the Project, as approved by the City, or with the ability of
either party to perform its obligations under this Agreement, and which are not due to
actions of Developer and are beyond its reasonable control, the parties agree to bargain
in good faith to modify such obligations to achieve the goals and preserve the original
intent of this Agreement.
23. Waiver. No waiver of any provision of this Agreement sha# constitutes a
waiver of any other provision, whether or not similar; nor shall does any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver leis
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 Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement 614aR
netcannot be amended, except as expressly provided herein.
25. Relationship of the Parties. Each party acknowledges that, in entering
into and performing under this Agreement, it is acting as an independent entity and not
as an agent of any of the other Party in any respect. Nothing contained herein or in any
13
document executed in connection herewith &ha# ay be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections
and subsections of this Agreement are for convenience of reference only, and they
sha -4do not constitute a pact of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be found to be
in conflict with any provision of the Project Approvals or the Subsequent Approvals, the
provisions of this Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to any portion of the Project
Site is, and hall be-, conclusively deemed to have consented and agreed to every
provision contained herein, whether or not any reference to this Agreement is contained
in the instrument by which such person acquired 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 shall h—avehas any right of action based upon any provision of this
Agreement.
3029. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
34-30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
14
=" MWTVIZMMIM
I
- -
3029. Incorporation of Exhibits. The following Exhibits are part of this Agreement
and each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
34-30. Entire Agreement Conflicts. This Agreement represents the entire
agreement of the parties. Should any or all of the provisions of this Agreement be found
to be in conflict with any provision or provisions found in the Project Approvals,
14
Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this
Agreement shall prevail.
3331. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, except as otherwise provided herein, Developer
shall beis released from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer and the City's sole remedy sha4
beis against the assignee or its successor or assign, provided that (i) Developer is not in
breach of this Agreement at the time of the sale or transfer and (ii) PFOOF tebefore the
sale or transfer, Developer delivers to City a written assignment and assumption
agreement in the four attached hereto as Exhibit "C,"; duly executed by the purchaser or
transferee and notarized by a notary public, whereby the purchaser or transferee
expressly assumes the obligations of Developer under this Agreement with respect to
the sold or transferred portion of the Property_; Failure to provide a written assumption
agreement hereunder shall oes not negate, modify or otherwise affect the liability of the
purchaser or transferee pursuant to this Agreement. Nothing contained herein shal}.mav
be deemed to grant to City discretion to approve or deny any such sale or transfer.
3332. Hold Harmless. The Developer hereby agrees to and sh"must defend, protect,
save and hold the City and its elected and appointed boards, commissions, officers,
agents and employees harmless from any and all claims, costs, losses, fines, penalties,
demands, injuries, judgments and /or liabilities for any damages arising out of, or
resulting from, the City's approval of this Agreement or either party's performance
pursuant to this Agreement; provided, however, that the Developer sha4is not be
required to indemnify the City from its negligence or willful misconduct; and further
provided that the Developer may elect to legally challenge the City's implementation or
interpretation of this Agreement.
3433. Joint Preparation... This Agreement shall -beis deemed to have been prepared
jointly and equally by the Parties, and it shall not cannot be construed against any party
on the ground that the Party prepared the Agreement or caused it to be prepared.
3634. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Los Angeles, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related to, or
arising from, this Agreement shallmust be filed in the appropriate court having
jurisdiction in the County of Los Angeles_
3635. Counterparts. This Agreement may be executed in multiple counterparts, each of
which sha4 -beis deemed an original, but all of which shaIl- constitute one and the same
instrument.
15 �J�z
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the
date first written above.
CITY OF EL SEGUNDO
By: Mayor
ATTEST:
Cindy Mortensen, City Clerk
Approved as to form:
Mark D. Hensley
WSPED REAL ESTATE LIMIT
PARTNERSHIP,
paFteeffib+pREALTY ASSOCIATES
ADVISORS, LLC, a Delaware limited
liability company
• ■.
EVE
By:
Name:
Its" President
16
EXHIBIT A -1
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
.ii. J Ci
EXHIBIT A -1
-1-
EXHIBIT A -2
Legal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
EXHIBIT A -2
-I-
EXHIBIT "B"
Description of Proiect
The Project consists of the development of an office building ten (10) stories or less, but
not to exceed 200 feet in height, consisting of a maximum of eighty eight thousand eight
hundred and forty seven (88,847) square feet with a Floor Area Ratio ( "FAR ") of 0.8.,
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 will not trigger
such revocation.
EXHIBIT "B"
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption is entered into as of this _ day of ,
2011, by and between Realty Advisors Associates, LLC, A Delaware Limited Liability
Company ( "Assignor ") and ( "Assignee ") with respect to the
following facts:
RECITALS:
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.
EXHIBIT "C"
4. Miscellaneous.
(a) Notices. All notices or other communications provided for or
permitted hereunder shall be made in writing by hand - delivery, or pre -paid first -class
mail:
If to Assignor: Realty Advisors Associates, LLC,
A Delaware Limited Liability
Company
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 PRE -PAID, IF MAILED AS AFORESAID. ANY PARTY MAY
FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A
DIFFERENT ADDRESS WHICH SHALL BE 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
limit or deprive a party 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 in any respect for any reason, the validity, legality and enforceability of
EXHIBIT "C
any such provision in every other respect and of the remaining provisions hereof shall not
be in any way impaired or affected, it being intended that all other rights and privileges
shall be enforceable 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 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 judgment arising from such action or proceeding.
(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 subject matter other than those set forth or referred to
herein.
(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.
0) 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 to the
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 any provisions herein
contained, this Assignment and any conditions and provisions hereof being intended to be
EXHIBIT "C" ct .t
and being for the sole and exclusive 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 in separate 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 "), and 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 original signatures. All parties hereto may rely upon faxed signatures
as if such signatures were originals. Any party executing and delivering this Assignment
by fax shall promptly thereafter deliver a counterpart signature page of this Assignment
containing said party's original signature. All parties hereto agree that a faxed signature
page may be introduced into evidence in any proceeding arising out of or related to this
Assignment as if it were an original signature page.
"ASSIGNOR" Realty Advisors Associates, LLC, A
Delaware Limited Liability Company
By:
Name:
Its:
"ASSIGNEE"
EXHIBIT "C"
V
LEAD SHEET
1
01- 1140808
KCUURDEDIFILED IN OFFICIAL REC
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
2:41 PM -JUL 02 20u
SPACE ABOVE THIS LINE FOR RECORDERS USE
TITLE(S)
FEE - D.T.T.
FRED HH ZZ
CODE
20
CODE
19
CODE
9
1
Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown
THIS FORM IS NOT TO BE DUPLICATED
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
City of El Segundo
City Clerk's Office
350 Mail Street
El Segundo, CA 90245
TITLE(S)
ABOVE THIS
Oi. 1140808
ERVED FOR RECORDER'S USE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND W9 /SEP REAL
ESTATE LIMITED PARTENERSHIP - 888 N. SEPULVEDA BLVD., EL SEGUNDO, CA 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government
Code §§ 6103, 27383
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF EL . SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
01 1140808
W9 /SEP REAL ESTATE LIMITED PARTNERSHIP
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
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DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") is made this 20th day of March
2001, by and between the CITY OF EL SEGUNDO, a City in the State of California ( "City "),
and W9 /SEP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership (the
"Developer "). In consideration of the mutual covenants and agreements -contained in this
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 "), commonly known as
888 N. Sepulveda Boulevard, 892 N. Sepulveda Boulevard, and 898 N. Sepulveda Boulevard
(collectively, the "Site "). Currently, 898 N. Sepulveda Boulevard is improved with an eight (8) -
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 -1" attached hereto. Currently, 888 N.
Sepulveda Boulevard is improved with a twelve (12) -story, one hundred forty thousand
(140,000) square foot office building, which has been vacant for approximately ten (10) years,
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 Exhibit "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." All
parking required for Parcel 1 shall be provided on Parcel 2.
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 Project in accordance with the "Applicable Rules" (as
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hereinafter defined), as modified by this Agreement. In consideration thereof, Developer agrees
to waive its rights to legally challenge the limitations and restrictions imposed upon the
development of the Property pursuant to the Project approvals and this Agreement and to provide
the public benefits and improvements specified in this Agreement.
G. Developer has applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission and
City Council of the City 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 and the surrounding region. The City
has specifically considered and approved the impact and benefits of this Project upon the welfare
of the region.
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 uncertainty in planning and provides for the
orderly development of the Project, and generally serves the public interest within the City of El
Segundo and the surrounding region.
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 northern 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. Definitions. 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, permitted 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 by
this Agreement and the Project's Discretionary Approvals.
(b) "Discretionary Actions; Discretionary Approvals" are actions which
require the exercise of judgment or a decision, and which contemplate and authorize the
imposition of revisions or conditions, by the City, including any board, commission, or
department of the City and any officer or employee of the City, in the process of approving or
disapproving a particular activity, as distinguished from an activity which merely requires, the
City, including any board, commission, or department of the City and any officer or employee of
the City, to determine whether there has been compliance with applicable statutes, ordinances,
regulations, or conditions of approval.
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(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 criteria
applicable to the Project and Site. The parties intend the development of the Project and the Site
to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of
Section 8 of this Agreement.
(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 Developer. 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 of
the other in any respect. Nothing contained herein or in any document executed in connection
herewith shall be construed as making the City and Developer joint venturers, partners or
employer /employee.
6. Development of the Property. The following specific restrictions shall govern the
use and development of the Project as described herein and in Exhibit "B ", and without the
need for any additional Discretionary Actions:
(a) Permitted Uses 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 Intensity of Use. The City and Developer agree that the
maximum densities and intensities for the permitted use of the Project shall be as "set forth in this
Agreement and the Discretionary Approvals.
(c) Maximum Height and Size of Proposed Building. The City and Developer
agree that the maximum height and size of the building proposed for the Project shall be as set
forth in this Agreement.
(d) Development Standards. All design and development standards applicable
to the development of the Project shall be in accordance with the Applicable Rules, as modified
by subsection (f) herein below, the conditions of the Discretionary Approvals as adopted,
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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 Building Code. All construction on the Property shall
adhere to the California 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 ").
(f) 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 (30) 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. Acknowledgments. Agreements and Assurances on the Part of the Developer.
The parties acknowledge and agree that Developer's faithful performance in developing the
Project on the Site, 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 thereof
and that same is in balance with the benefits conferred by the City on the Project and the
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. Acknowledgments. Agreements and Assurances on the Part of the City. In order
to effectuate the provisions of this Agreement, and in consideration- for the Developer to obligate
itself to carry out the covenants and conditions set forth in the preceding Section 7 of this
Agreement, the City hereby agrees and assures Developer that Developer will be permitted to
carry out and complete the development of the Project within the Site, subject to the terms and
conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules,
as modified by this Agreement. Therefore, the City hereby agrees and acknowledges that:
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(a) Entitlement to Develop. The Developer is hereby granted the vested right
to develop the Project on the Site to the extent and in the manner provided in this Agreement,
subject to the Applicable Rules, as modified by this Agreement, and, should the City make the
findings set forth below in this subparagraph (a), any "Subsequent Applicable Rules ". Any
change in the Applicable Rules, including, without limitation, any change in the General Plan,
any applicable Specific Plan, Zoning Ordinance, growth management regulations, design
standards or any subdivision regulation of the City, adopted or becoming effective after the
Effective Date, shall not be applied by the City to the Project on the Site. Subsequent Applicable
Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines
that the failure of the City to apply Subsequent Applicable Rules will place residents of the City
in a condition substantially dangerous to their health or safety, which condition cannot otherwise
be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other
similar developments in the City. Subsequent Applicable Rules with regard to increases in
existing permit fees imposed by the City (i.e., fees intended to cover the City's processing costs)
and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be
imposed on Developer.
In the event that a state or federal law or regulation is enacted after this Agreement has
been entered into, which would prevent or preclude compliance with one or more provisions of
the Agreement, such provisions of the Agreement shall be modified or suspended as may be
necessary to comply with such state or federal law or regulation.
(b) Subsequent Discretionary Actions. With respect to any Discretionary
Action or Discretionary Approval that is, or may be required subsequent to the execution of this
Agreement, the City agrees that it will not unreasonably withhold from Developer or
unreasonably condition or delay any such Discretionary Action or Discretionary Approval which
must be issued by the City in order for the development of the Project Site to proceed unless the
City determines that (1) the failure to impose such condition would place residents of the City in
a condition substantially dangerous to their health or safety, which condition cannot otherwise be
mitigated in a reasonable manner and (2) such condition is applied consistently and evenly to all
other similar developments in the City. Moreover, in the event that a state or federal law or
regulation is enacted after this Agreement has been entered into, which would prevent or
preclude compliance with one or more provisions of the Agreement, such provisions of the
Agreement shall be modified or suspended as may be necessary to comply with such state or
federal law or regulation.
9. Vesting of Development Rights. In Pardee Construction Co. v. City of Camarillo,
37 Ca1.3d 465 (1984), the California Supreme Court held that the failure of the parties thereinto
provide for the timing or rate of development resulted in a later- adopted initiative restricting the
rate of development to prevail against the parties' agreement. City and Developer intend to avoid
the result in Pardee by acknowledging and providing that Developer shall have the right, without
obligation, except as otherwise specifically set forth herein, to develop the Property in such order
and at such rate and times as Developer deems appropriate within the exercise of its subjective
business judgment subject to the term of this Agreement. In furtherance of the City's and
Developer's intent, as set forth in this Section, no future amendment of any existing City
ordinance or resolution, or future adoption of any ordinance, resolution or other action, that
purports to limit the rate or timing of development over time or alter the sequencing of
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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 building
located on the Site, the abatement of asbestos located in such vacant building, and the
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 /management
and leasing office which shall not trigger the contribution obligation. Any such work shall be
performed by the City.
11. Cooperation and Implementation. The City agrees that it will cooperate with
Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon
satisfactory performance by Developer of all required preliminary conditions, actions and
payments, the City will commence and in a timely manner proceed to complete all steps
necessary for the implementation of this Agreement and the development of the Project or Site in
accordance with the terms of this Agreement. Developer shall, in a timely manner, provide the
City with all documents, plans, and other information necessary for the City to carry out its
obligations under this agreement.
12. Review of Compliance.
(a) Periodic Review. The City Manager of the City shall review this
Agreement annually, on or before the anniversary of the Effective Date, in accordance with the
procedure and standards set forth in this Agreement and the El Segundo Municipal Code in order
to ascertain compliance by the Developer with the terms of this Agreement.
(b) Special Review. The City Council of the City may order a special review
of compliance with this Agreement at any time but not to exceed twice per year. The Director of
Planning and Building Safety or the City Council, as determined by the City Council, shall
conduct such special reviews.
(c) Procedure. During either a periodic review or a special review, the
Developer shall be required to demonstrate good faith compliance with the terms of this
Agreement. The burden of proof on this issue shall be on the Developer. The parties
acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute
grounds for termination or modification of this Agreement in accordance with Government Code
§ 65865.1.
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13. Default Provisions.
(a) Default. Either party to this Agreement shall be deemed to have breached
this Agreement if it materially breaches any of the provisions of the Agreement and the same is
not cured within the time set forth in a written notice of violation from the non - breaching party
to the breaching party, which period of time shall not be less than ten (10) days for monetary
defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice
is deemed received, provided if the breaching party cannot reasonably cure a non - monetary
breach within the time set forth in the notice, then the breaching party shall not be in default if it
commences to cure the breach within such time limit and diligently effects such cure thereafter.
If the City determines to proceed with termination of this Agreement, the City shall give written
notice to the Developer of its intention to terminate this Agreement and comply with the notice
and public hearing requirements of Government Code Sections 65867 and 65868. At the time
and place set forth 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 of Notice of Violation. Every notice of violation shall state with
specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged
breach, 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) Remedies for 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. Mortgagee Protection. At the 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 deemed received
upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant
to this Section shall have the right, at its option and insofar as the rights of City are concerned, to
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 cure within sixty (60) days after receipt of the notice
for City and thereafter diligently prosecutes 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
be binding and effective against the Financier and every owner of the Site, or part thereof, whose
title thereto is acquired by foreclosure, trustee sale or otherwise.
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15. Estoppel Certificate. At any time and from time to time, Developer may deliver ,
written notice to City and City may deliver written notice to the Developer requesting that such
party certify in writing that, to the knowledge of the certified party (i) this Agreement is in full
force and effect and a binding obligation of the parties, (ii) this Agreement has not been
amended, or if amended, the identity of each amendment, and (iii) the requesting party is not in
breach of this Agreement, or if in breach, a description of each such breach. The party receiving
such a request shall execute and return the certificate within thirty (30) days following receipt of
the notice. City acknowledges that a certificate may be relied upon by successors in interest to
the Developer who requested the certificate and by holders of record of deeds of trust on the
portion of the Site in which that Developer has a legal interest.
16. Modification Amendment or Cancellation. Subject to the notice and hearing
requirements of Section 65867 of the Government Code, this Agreement may be modified or
amended from time to time by mutual consent of the parties or their successors in interest in
accordance with the provisions of the El Segundo Code and Section 65868 of the Government
Code.
17. Term of Agreement. This Agreement shall become operative and commence
upon the Effective Date and shall remain in effect for a term of ten (10) years, unless said term is
terminated, modified, or extended by circumstance set forth in this Agreement or by mutual
consent of the parties hereto. Following the expiration of said term, this Agreement shall be
deemed terminated and of no further force and effect; provided, such termination shall not
automatically affect any right of the City or Developer arising from City approvals on the Project
prior to the expiration of the term or arising from the duties of the parties as prescribed in this
Agreement.
18. Administration of Agreement and Resolution of Disputes. All decisions by the
City staff concerning the interpretation and, administration of this Agreement and the Project
which is the subject hereof are appealable to the City Council and all like decisions by the City
Council shall be final. However, decisions of the City Council shall also be subject to judicial
review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in a
court'of competent jurisdiction not later than ninety (90) days following the date on which the
City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6.
19. Notices. All notices under this Agreement shall be in writing and shall be
effective when personally delivered or upon the third (3rd) day after deposit in the United States
mail as registered or certified mail, postage prepaid, return receipt requested, to the following
representatives of the parties at the addresses indicated below:
If to City: City of El Segundo
350 Main Street
El Segundo, California 9Q245
Attn: Director of Community,
Economic and Development Services
With a copy to: Burke, Williams & Sorensen
611 West Sixth Street, 25th Floor
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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. Severability and 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 this
Agreement is superseded or rendered unenforceable according to any law which becomes
effective after the Effective Date, the remainder of this Agreement shall be effective to the extent
the remaining provisions are not rendered impractical to perform, taking into consideration the
purposes of this Agreement.
21. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
22. Force Majeure. In the event of changed conditions, changes in local, state or
federal laws or regulations, floods, delays due to strikes, inability to obtain materials, civil
commotion, fire, acts of God, or other circumstances which substantially interfere with carrying
out the Project, as approved by the City, or with the ability of either party to perform its
obligations under this Agreement, and which are not due to actions of Developer and are beyond
its reasonable control, the parties agree to bargain in good faith to modify such obligations to
achieve the goals and preserve the original intent of this Agreement.
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 Agreement. This Agreement contains the entire agreement between the
Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended, except as expressly
provided herein.
25. Relationship of the Parties. Each party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an agent of any
of the other Party in any respect. Nothing contained herein or in any document executed in
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connection herewith shall be construed as creating the relationship of partners, joint ventures or j
any other association of any kind or nature between City and Developer, jointly or severally.
26. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they shall not
constitute a part of this Agreement for any other purpose or affect interpretation of the
Agreement. Should any provision of this Agreement be found to be in conflict with any
provision of the Project Approvals or the Subsequent Approvals, the provisions of this
Agreement shall prevail over the Project Approvals.
27. Constructive Notice and Acceptance. Every person who, now or hereafter, owns
or acquires any right, title or interest in or to any portion of the Project Site is, and shall be,
conclusively deemed to have consented and agreed to every provision contained herein, whether
or not any reference to this Agreement is contained in the instrument by which such person
acquired 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 shall
have any right of action based upon any provision of this Agreement.
29. Attorney'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 shall be entitled to its reasonable attorneys' fees
and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit
or proceeding shall include an award thereof. Attorneys' fees under this section shall include
attorneys' fees on any appeal and any post judgment proceedings to collect or enforce the
judgment. This provision is separate and several and shall survive the merger of this Agreement
into any judgment on this Agreement.
30. Incorporation of Exhibits. The following Exhibits are part of this Agreement and
each of which are incorporated herein by this reference:
Exhibit A -1 Legal Description of Parcel 1
Exhibit A -2 Legal Description of Parcel 2
Exhibit B Description of the Projects
Exhibit C Form of Assignment and Assumption
31. Entire Agreement: Conflicts. This Agreement represents the entire agreement of
the parties. Should any or all of the provisions of this Agreement be found to be in conflict with
any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent
Applicable Rules, then the provision(s) of this Agreement shall prevail.
32. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in
any portion of the Property, except as otherwise provided herein, Developer shall be released
from its obligations with respect to the portion so sold or transferred subsequent to the effective
date of the sale or transfer and the City's sole remedy shall be against the assignee or its
successor or assign, provided that (i) Developer is not in breach of this Agreement at the time of
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the sale or transfer and (ii) prior to the sale or transfer, Developer delivers to City a written
assignment and assumption a greemen t in the form attached hereto as Exhibit C ,duly
executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser
or transferee expressly assumes the obligations of Developer under this Agreement with respect
to the sold or transferred portion of the Property. Failure to provide a written assumption
agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City
discretion to approve or deny any such sale or transfer.
33. Hold Harmless. The Developer hereby agrees to and shall defend, protect, save
and hold the City and its elected and appointed boards, commissions, officers, agents and
employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries,
judgments and/or liabilities for any damages arising out of, or resulting from, the City's approval
of this Agreement or either party's performance pursuant to this Agreement; provided, however,
that the Developer shall not be required to indemnify the City from its negligence or willful
misconduct; and further provided that the Developer may elect to legally challenge the City's
implementation or interpretation of this Agreement.
34. Joint Preparation. This Agreement shall be deemed to have been prepared jointly
and equally by the Parties, and it shall not be construed against any party on the ground that the
Party prepared the Agreement or caused it to be prepared.
35. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Los Angeles, California, and the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this
Agreement shall be filed in the appropriate court having jurisdiction in the County of Los
Angeles.
36. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date
first written above.
CITY OF EL SEGUNDO
By:
Mike Gordon, Mayor
ATTEST
Cindy Yorteserjjc �Clerk
547111.08/OC
L5331- 056 /3 -8 -01 /rmj /cjh -1 1-
01
Approved as to form:
Mark D. Hensley, City Attorney
W9 /SEP REAL ESTATE LIMITED
P,� SHIP, a Delaw ted partnership
EXHIBITS
Exhibit A -1 -Legal Description of Parcel 1
Exhibit A -2 — Legal Description of Parcel 2
Exhibit B — Description of Project
Exhibit C — Assignment and Assumption
�Ji
547111.08/OC
L5331- 056/3 -8-01 hmj /cjh -12-
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
01 (4- 140808
On f+ r t I aS , 2001, before me, the undersigned, a Notary Public in and for
said state, personally appeared RiKle Cord ran and C!VX8Q MCI(+fSe0 known
to me to the persons who executed the within instrument as Mayor and City Clerk, respectively,
of the CITY OF EL SEGUNDO, the public agency therein named, and acknowledged to me that
such Commission executed the within instrument pursuant to its bylaws or a resolution of its
members.
WITNESS my hand and official seal
LINDA CATHY DOMANN
Commission #1276205
Notary Public - Calffomlo
Los Angeles County
MY COMM. Expires 5ep9. X04
STATE OF CALIFORNIA )
�s 6r p-, ) ss.
COUNTY OF S )
1,
Name (typed or printed)
On � , 2001 before me, the undersigned, a Notary Public in and for said
State, personally appeared known to me to be the Aeiitent of
Sauxtexgof the corporation that executed the within instrument, known tq me to be�he persons
who executed the within instrument on behalf of li,1� S 6 241 �'S'i IP, the
Corporation therein named, and acknowledged to me that such Corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal. �
JULIE JOHNSTON
Commission # 121884()
Notary Public - Califamia _
y Orange County
r>
iJu
547111.08/OC
L5331- 056 /3- 8- 01 /nnj /cjh -13-
01( 114 0808 -7 - -
1
EXHIBIT A -1 '
Legal Description of Parcel 1 (898 North Sepulveda Boulevard)
Parcel 1 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
County Recorder of said County.
547111.08/OC EXHIBIT A -1
L5331- 056/3 -8 -01 /rmj /cjh -1-
01( A40808
EXHIBIT A -2
Legal Description of Parcel 2
(888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard)
Parcel 2 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 Maps, in the Office of the
County Recorder of said County.
547111.08/oc EXHIBIT A -2
L5331- 056/3- 8- 01 /MIj /cjh -I-
�± Of' 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 ].oa /oc
EXHIBIT "B"
L5331- 056 /3 -12 -01 /rmj /cjh
O A140808_
n�
EXHIBIT "C"
ASSIGNMENT AND ASSUMPTION
This Assignment 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:
RECITALS:
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 writing by hand - delivery, or pre -paid first -class mail:
5a7111.08/oC EXHIBIT "C"
L5331- 056 /3- 8- 01hmj /cjh -I-
017 +.40808 ^ 8
If to Assignor: W9lSEP 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 PRE -PAID,
IF MAILED AS AFORESAID. ANY PARTY MAY FROM TIME TO TIME, BY WRITTEN
NOTICE TO THE OTHER, DESIGNATE A DIFFERENT ADDRESS WHICH SHALL BE
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 limit or
deprive a party 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 in
any respect for any reason, the validity, legality and enforceability of any such provision in every
other respect and of the remaining provisions hereof shall not be in any way impaired or
affected, it being intended that all other rights and privileges shall be. enforceable 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
547111.08/oc EXHIBIT "C"
L5331- 056 /3- 8- 01 /rmj /cjh -2-
01 x'14080$
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 judgment arising from such
action or proceeding.
. (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 subject matter other than those
set forth or referred to herein.
(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 to the 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 any provisions herein contained, this Assignment and any
conditions and provisions hereof being intended to be and being for the sole and exclusive
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 in separate 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 "), and 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
t V l
5471 11.0E /oC EXHIBIT "C"
L5331- 056 13- E- 01 /rroj /cjli -3-
Oil '1408-08' .
de
original signatures. All parties hereto may rely upon faxed signatures as if such signatures were
originals. Any party executing and delivering this Assignment by fax shall promptly thereafter
deliver a counterpart signature page of this Assignment containing said party's original signature.
All parties hereto agree that a faxed signature page may be introduced into evidence in any
proceeding arising out of or related to this Assignment as if it were an original signature page.
"ASSIGNOR" W9 /SEP Real Estate Limited Partnership
By: W9 /SEP Gen -Par Inc., a Delaware
corporation, General Partner
"ASSIGNEE"
Name:
Its:
sail 1 l.os/oc
EXHIBIT "C" j' ti J
L5331- 056 /3- 6- 01 /rmj /cjh -4-
City Segundo of EI
DEPARTMENT OF COMMUNITY, 350 Main Street
ECONOMIC AND DEVELOPMENT SERVICES El Segundo, CA 90245
(310) 524 -2300
FAX (310) 322 -4167
www.elsegundo.org
REVISED
INITIAL STUDY/
ENVIRONMENTAL CHECKLIST FORM
PROJECT No. EA No. 535, DA No. 00 -2, GPA No. 00 -2
BACKGROUND
Project Title: Development Agreement No. 00 -2 and General Plan Amendment No. 00 -2 for
replacement of building with new office building.
2. Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA
90245
3. Contact Person and Phone Number: Paul Garry, Senior Planner, (310) 524 -2342
4. Project Location: 888 North Sepulveda Boulevard
5. Project Sponsor's Name and Address: W9 /SEP Real Estate Limited Partnershi
Legacy Partners Commercial, Inc.
30 Executive Park, Suite 100
Irvine, CA 92614 -6741
Attn: Edwin Sundareson, Project Manager
6. General Plan Designation: Corporate Office
7. Zoning: Corporate Office (CO)
8. Description of Project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary)
The project applicant is proposing to demolish the existing 12 -story, 140,000 square foot vacant
office building and construct a 6 -story, approximately 120,610 net square foot office building at
888 North Sepulveda Boulevard. The proposed office building would be a Class A office
building designed to increase the employment base of the City of El Segundo, which would
likely draw tenants and employees from throughout the region. The fit and finish of the building
would be similar to the recently renovated 898 North Sepulveda Boulevard office building
located immediately north of the proposed project site. The applicant intends to use aqua blue
green glass for the new 888 North Sepulveda Boulevard building and champagne - colored
canopy and mullion system, along with colored concrete and limestone composite material at
the base of the building, all of which would be similar to the adjacent office building. Parking for
the facility would be provided within the existing 6 -story parking structure located at 892 North
Sepulveda Boulevard, adjacent to the proposed office building. A total of 835 parking spaces,
or approximately 4.0 spaces per 1,000 square feet, would be provided within this structure. This
X66
total would exceed the City requirement of 576 total parking spaces for the proposed new office
building as well as the recently renovated office building at 898 North Sepulveda Boulevard
which is also served by this parking structure. The facility will also provide two loading dock
spaces of 13 feet by 30 feet at the rear of the building which is an exception to the loading dock
requirements of three loading docks with dimensions of 13 feet by 50 feet. Because the existing
General Plan land use designation, which applies to the proposed project site, would only allow
construction of an 88,000 square foot building, an amendment to the General Plan to permit the
additional building square footage which is sought by the applicant, is also being requested.
This amendment would apply to this specific project site.
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings)
The proposed project site is currently developed with a 140,000 square foot. 12 -story vacant
office building, built in 1969, commonly known as 888 North Sepulveda Boulevard. The
proposed project site also includes an 817 space, 6 -story parking structure adjacent to the
existing 888 North Sepulveda Boulevard building (see Photo 2). An 8 -story, 89,000 square foot
building, commonly known as 898 North Sepulveda Boulevard is located on the adjacent parcel
to the north of the 888 North Sepulveda Boulevard building. This building was built in 1979 and
has recently undergone a $7.2 million dollar renovation by the proposed project applicant. As
the 898 North Sepulveda Boulevard building is owned by the project applicant, it is considered
an integral part of this project, as the design of the proposed 888 North Sepulveda Boulevard
office building will relate and match with the recently remodeled building.
The 888 North Sepulveda Boulevard building currently contains asbestos - containing materials,
requires structural reinforcement to meet current seismic building code requirements, and has
obsolete building systems (plumbing, electrical, mechanical, and elevators). The existing
parking structure would provide parking to serve the proposed office use at 888 North
Sepulveda Boulevard, as well as the recently renovated 898 North Sepulveda Boulevard
building. The proposed office site is covered virtually in its entirety with buildings and paved
surfaces and generally slopes toward the southeast corner of the property. The site is sparsely
landscaped, with no significant trees or other landscaping on the site. There are no items of
cultural, historical or scenic significance or aspects on the site.
The proposed project site is generally surrounded by commercial and industrial uses. The
areas located to the south, east and north of the proposed project site is composed of low -rise
industrial buildings with minimal landscaping. Most of the buildings are from the 1950's and
1960's and have undergone minimal improvements visually from the outside. Directly across the
street on Sepulveda Boulevard is a Bank of America, and an older brick medical office building.
Farther west of the Bank of America on Walnut Avenue, is a newer '6 -story, 118,532 square foot
office building called E.Tech Center. Diametrically opposite from the site at the northwest corner
of Walnut and Sepulveda Boulevard are two older office towers and a parking structure. One of
the towers is currently occupied by Boeing Satellite Systems, while the other building was built
in the 1960's and is undergoing renovations. There are no items of cultural, historical or scenic
significance in the surrounding area. There is also no evidence of animal life since all the land is
either developed or paved.
9. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or
participation agreement):
None.
II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below (X) would be potentially affected by this project, involving at
least one impact that is a Potentially Significant Impact as indicated by the checklist on the following
pages.
III. DETERMINATION:
On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El
Segundo finds the following:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
Aesthetics
X
Hazards & Hazardous
I find that although the proposed project could have a significant effect on the environment, there will
Public Services
not be a significant effect in this case because revisions in the project have been made by or agreed
X
to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
Materials
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Agricultural Resources
I find that the proposed project MAY have a "potential significant impact' or "potentially significant
Hydrology/Water Quality
unless mitigated" impact on the environment, but at least one effect (1) has been adequately
Recreation
analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed
Air Quality
by mitigation measures based on the earlier analysis as described on attached sheets. An
Land Use /Planning
X
Transportation /Traffic
be addressed.
Biological Resources
I find that although the proposed project could have a significant effect on the environment, because
Mineral Resources
all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE
Utilities /Service Systems
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to
Cultural Resources
X
Noise
imposed upon the proposed project, nothing further is required.
Mandatory Findings of
Si nificance
Geology /Soils
Population /Housing
III. DETERMINATION:
On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El
Segundo finds the following:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or agreed
X
to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potential significant impact' or "potentially significant
unless mitigated" impact on the environment, but at least one effect (1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed
by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to
be addressed.
I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
A/'n r, L, I, February 12. 2001
me
M. Hansen Date
Ei ec or of Community, Economic and Development Services; and,
, etary of the Planning Commission
City of El Segundo
3 -,. 6
IV. EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project- specific factors as well as general standards (e.g. the project will not
expose sensitive receptors to pollutants, based on a project- specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as
well as project - level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than
significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less
than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced).
5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (d). In this case, a
brief discussion should identify the following:
(a) Earlier Analysis Used. Identify and state where they are available for review.
(b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
(c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site - specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9) The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each
question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significance.
4 tJ .J
Issues and Supporting Informa iun
Poten:- _::y
Significant
Less than
Significant
Less Than
Significant
No Impact
X
Impact
With
Impact
trees, rock outcroppings, and historic buildings within a state scenic
Mitigation
X
highway?
Incorporated
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista?
X
b) Substantially damage scenic resources, including, but not limited to
trees, rock outcroppings, and historic buildings within a state scenic
X
highway?
c) Substantially degrade the existing visual character or quality of the site
X
and its surroundings?
d) Create a new source of substantial light or glare which would adversely
_F
X
affect day or nighttime views in the area?
A project - related significant adverse effect could occur if the project were to introduce incompatible visual elements within
a field of view containing a scenic vista. However, the proposed project site is located in a developed commercial area
within the City of El Segundo. No scenic vistas currently exist in this area. No impacts related to scenic vistas would
occur.
A project - related significant adverse effect could occur if the project were to introduce incompatible visual elements on the
project site or visual elements which would be incompatible with the character of the area surrounding the project site.
The proposed replace the existing 12 -story vacant office building with a 6 -story office building. The exterior of the existing
building would be upgraded and designed to be compatible with the adjacent 898 North Sepulveda Boulevard building.
The appearance of the existing parking structure would not change under the proposed project. The proposed project
would be located in an area of the City of El Segundo characterized by similar, predominantly commercial, land uses,
along with similar building height and mass. The proposed project would be visually compatible with the appearance of
the commercial corridor located along Sepulveda Boulevard. No impacts related to visual compatibility would occur.
A project - related significant adverse effect could occur if the project were to introduce new sources of light or glare on the
project site which would be incompatible with the areas surrounding the project site or which would pose a safety hazard
to motorists utilizing adjacent streets. The existing vacant office building would be demolished and replaced with a 6 -story
building, which would include new sources of light. Thus, the proposed project could incrementally increase lighting levels
within the project site. However, as a major commercial corridor in this area of El Segundo, existing ambient lighting
levels along Sepulveda Boulevard are already relatively high. Thus any increase in lighting, which may occur under the
proposed project, would not likely be perceptible. In addition, although traffic.levels would increase somewhat under the
proposed project, increased light generation from headlights would likely not be perceptible because of existing high traffic
volumes on Sepulveda Boulevard. Under the proposed project, existing levels of light and glare generation would not be
expected to change substantially from current conditions. No new hazards from lighting or glare would be introduced.
Impacts would be less than significant.
No mitigation is required.
2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts
on agriculture and farmland. Would the project?
a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to
X
the Farmland Mapping and Monitoring Program of the California
Resources Agency to non - agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act
X
contract?
1 i
Issues and Supporting Informa '[un
Poten -:._.y
Less than
Less Than
No Impact
location or nature, could result in conversion of Farmland, to non-
Significant
Significant
Significant
X
agricultural use?
Impact
With
Impact
A significant impact may occur if the proposed project were to result in the conversion of state - designated agricultural
land from agricultural use to another non - agricultural use. The California Department of Conservation, Division of Land
Mitigation
"Important Farmland." The Extent of Important Farmland Map Coverage maintained by the Division of Land Protection
indicates that the project site is not included in the Important Farmland category.' The proposed project site has been
developed for its current office uses since 1966. The project site is located in a developed commercial corridor in the City
of El Segundo and does not include any state - designated agricultural lands. No impact on farmland or agricultural
Incorporated
any farmland or otherwise affect any farmland. There is no Williamson Act contracted land in the City of El Segundo.
3. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air
c) Involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to non-
X
agricultural use?
A significant impact may occur if the proposed project were to result in the conversion of state - designated agricultural
land from agricultural use to another non - agricultural use. The California Department of Conservation, Division of Land
Protection, lists Prime Farmland, Unique Farmland, and Farmland of Statewide Importance under the general category of
"Important Farmland." The Extent of Important Farmland Map Coverage maintained by the Division of Land Protection
indicates that the project site is not included in the Important Farmland category.' The proposed project site has been
developed for its current office uses since 1966. The project site is located in a developed commercial corridor in the City
of El Segundo and does not include any state - designated agricultural lands. No impact on farmland or agricultural
resources would occur. The proposed project is located in the Corporate Office (CO) Zone. Therefore, it will not convert
any farmland or otherwise affect any farmland. There is no Williamson Act contracted land in the City of El Segundo.
3. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air
pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality
X
plan?
b) Violate any air quality standard or contribute substantially to an existing
X
or projected air quality violation.
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non - attainment under an
applicable federal or state ambient air quality standard (including
X
releasing emissions which exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations?
X
e) Create objectionable odors affecting a substantial number of people?
X
State of California Department of Conservation, Division of Land Resource Protection, Extent of Important Farmland Map
Coverage, 1996, at http:// www. consrv.ca.govldlrplFMMPlinfo.htm #Farmland Map Categories and http: / /www.consrv.ca.
gov/dlrp/FMMP /images /status %20map %201996 htm
7
A.
y
Issues and Supporting Informa %on
Pote ..:_ y
Significant
Less than _
Significant
Less Than
Significant
No Impact
Impact
With
Impact
Mitigation
Incorporated
A significant impact may occur if the project is not consistent with the applicable Air Quality Management Plan (AQMP) or
would in some way represent a substantial hindrance to employing the policies or obtaining the goals of that plan. The
City of El Segundo is located on the western edge of the South Coast Air Basin (Basin), within the jurisdiction of the South
Coast Air Quality Management District (SCAQMD). SCAQMD has adopted criteria for consistency with regional plans
and the regional AQMP in its CEQA Air Quality Handbook (Handbook). These include: 1) identifying whether the project
would increase frequency or severity of existing air quality violations or cause or contribute to new air quality violations,
and 2) identifying whether the project would exceed the assumptions utilized in preparing the AQMP. A significant impact
may occur if a project is inconsistent with the growth assumptions upon which the regional AQMP was based. The most
current version of the AQMP was adopted in 1997 and was based upon population, housing and employment growth
projections adopted by the Southern California Association of Governments (SCAG).
The proposed project consists of approximately 120,610 square feet of office space. The proposed project site would
result in employment growth within a plan- designated corporate office area (see Section 12). The SCAG projections for
the City of El Segundo are based upon adopted City plans, and the proposed project is consistent with adopted City
plans. Therefore, the project - generated employment would be within SCAG and AQMP growth projections for the area.
The proposed project thus would not be in conflict with nor would it obstruct implementation of the 1997 AQMP. The
project would have a less than significant impact with regard to air quality plans.
A significant effect related to air quality could occur if the proposed project were to generate air emissions during
construction or operations that could affect sensitive receptors. The South Coast Air Quality Management District
(SCAQMD), in its CEQA Air Quality Handbook (SCAQMD Handbook), has established screening thresholds for
determining whether a project has the potential to result in significant air quality impacts. According to Table 6 -2 of the
SCAQMD Handbook, a potentially significant air quality impact may occur if an office project is larger than 139,222 square
feet. Since the proposed project would include an office building which would total approximately 120,610 square feet, no
significant air quality impacts related to operation of the proposed project would occur. According to Table 6 -3 of the
SCAQMD Handbook, a potentially significant construction air quality impact could occur if an office project is larger than
559,000 square feet or if demolition exceeded 23,214,000 cubic feet. Demolition volume associated with removal of the
existing building would total approximately 1,750,000 cubic feet. Since the proposed project would be smaller than these
thresholds, no significant impacts related to construction air quality would occur. Air quality impacts of the proposed
project would be below SCAQMD significance thresholds and would be less than significant.
A significant impact related to air movement, moisture, or temperature, or climatic change would occur only if the
proposed project were of sufficient size, and included activities or processes that resulted in temperature or humidity
changes, that could potentially result in the creation of a "micro- climate" that would have the potential to result in larger
scale climatic changes. The proposed project consists of urban development that does not include activities or processes
that would have the potential to produce such effects. No impact would occur.
A project - related significant adverse effect could occur if construction or operation of the project would result in generation
of odors, which would be perceptible in adjacent sensitive areas. The proposed project would consist of urban
development that does not include activities or processes that would generate substantial odors. Moreover, no sensitive
uses are presently located adjacent to the existing use. No impact would occur.
The following mitigation measures would minimize the effects of air emissions which could be associated with the
proposed project:
MM -1 The applicant shall implement Transportation Demand Management (TDM) programs and adopt
Transportation System Management (TSM) plans and provide incentives for the provision of transit
support facilities in accordance with SCAQMD and City regulations.
14. BIOLOGICAL RESOURCES. Would the project:
7
F
Issues and Supporting Information
Potem_
Significant
Less than
Significant
Less Than
Significant
No Impact
modifications, on any species identified as a candidate, sensitive, or
Impact
With
Impact
special status species in local or regional plans, policies, or regulations,
Mitigation
X
or by the California Department of Fish and Game or U. S. Fish and
Incorporated
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or
special status species in local or regional plans, policies, or regulations,
X
or by the California Department of Fish and Game or U. S. Fish and
Wildlife Service?
b) Have a substantially adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies,
X
regulations or by the California Department of Fish and Game or U. S.
Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited
X
to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any resident or migratory
fish or wildlife species or with established native resident migratory
X
wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological
X
resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Conservation Community Plan, other approved local, regional,
X
or state habitat conservation plan?
A significant impact would occur where the proposed project would remove or modify habitat for any species identified or
designated as a candidate, sensitive, or special status species in local or regional plans, policies, or regulation, or by the
state or federal regulatory agencies cited. The proposed project site is located in an area, which has been previously
disturbed through its construction as a parking structure and as an office building, and is also within the urbanized area of
El Segundo. No riparian or other sensitive habitat areas are presently located on or adjacent to the project site.
Implementation of the proposed project would not result in any adverse impacts to endangered, threatened, or rare
species or their habitats. No impact would occur.
A significant impact would occur where the proposed project would remove or modify habitat for any species identified or
designated as a candidate, sensitive, or special status species in local or regional plans, policies, or regulation, or by the
state or federal regulatory agencies cited. The proposed project site is located in an area, which has been previously
disturbed through its construction as a parking structure and as an office building, and is also within the urbanized area of
El Segundo. No riparian or other sensitive habitat areas are presently located on or adjacent to the project site. No
locally designated species are found on the proposed project site. Implementation of the proposed project would not
result in any adverse impacts to locally designated species. No impact would occur.
A significant impact would occur where riparian habitat or any other sensitive natural community identified locally,
regionally, or by the state and federal regulatory agencies cited were to be adversely modified without adequate
mitigation. The proposed project site is located in an area, which has been previously disturbed through its construction
as a parking structure and as an office building, and is also within the urbanized area of El Segundo. No riparian or other
sensitive habitat areas are presently located on or adjacent to the project site. No locally designated species are found on
the proposed project site. Implementation of the proposed project would not result in any adverse impacts to locally
designated natural communities. No impact would occur.
A significant impact would occur where federally protected wetlands as defined by Section 404 of the Clean Water Act
would be modified or removed without adequate mitigation. The proposed project site is located in an area, which has
been previously disturbed through its construction as a parking structure and as an office building, and is also within the
heavily urbanized area of El Segundo. No riparian or other sensitive habitat areas, such as wetland habitats, are
presently located on or adjacent to the project site. Implementation of the proposed project would not result in any
adverse impacts to wetland habitats. No impact would occur.
A. (' .,
Issues and Supporting Informa'run
Significan
Impact
A significant impact would occur if the proposed project would interfere or remove access to a migratory wildlife corridor or
Less than
Less Than
No Impact
Implementation of the proposed project would not result in any adverse impacts to wildlife dispersal or migration corridors.
Significant
Significant
The proposed project represents an urban infill project, which would not result in the consumption of non - renewable
resources at a rate greater than any other urban development project in the City of El Segundo or the Southern California
With
Impact
A significant impact may occur if the proposed project site is located in an area used or available for extraction of a
regionally- important mineral resource and the project converted an existing or potential future regionally- important mineral
Mitigation
mineral resource extraction. The General Plan designation for the project site does not identify the project site as a
potential location for future mineral resource recovery. The proposed project site has never been used for mineral
resource recovery. There would be no impact to the loss of availability of a known mineral resource. There are no known
Incorporated
The property was previously developed with industrial buildings from the mid- 1950's until 1999. The site was cleared and
graded in 1999. As a result, there are no rare or endangered plant species on the property. Therefore, the proposed
A significant impact would occur if the proposed project would interfere or remove access to a migratory wildlife corridor or
impede the use of native wildlife nursery sites. The proposed project site is located in an area, which has been previously
disturbed through its construction as a parking structure and as an office building, and is also within the urbanized area of
El Segundo. No wildlife dispersal or migration corridors areas are presently located on or adjacent to the project site.
Implementation of the proposed project would not result in any adverse impacts to wildlife dispersal or migration corridors.
No impact would occur.
A significant impact may occur if the proposed project used non - renewable resources in a wasteful and inefficient manner.
The proposed project represents an urban infill project, which would not result in the consumption of non - renewable
resources at a rate greater than any other urban development project in the City of El Segundo or the Southern California
region. The land upon which the proposed project would be developed is already in urban development and is planned
for development as proposed under the project. No impact would occur.
A significant impact may occur if the proposed project site is located in an area used or available for extraction of a
regionally- important mineral resource and the project converted an existing or potential future regionally- important mineral
extraction use to another use or if the project affected access to a site used or potentially available for regionally- important
mineral resource extraction. The General Plan designation for the project site does not identify the project site as a
potential location for future mineral resource recovery. The proposed project site has never been used for mineral
resource recovery. There would be no impact to the loss of availability of a known mineral resource. There are no known
rare, unique or endangered plant or animal species associated with the proposed project or within the immediate vicinity.
The property was previously developed with industrial buildings from the mid- 1950's until 1999. The site was cleared and
graded in 1999. As a result, there are no rare or endangered plant species on the property. Therefore, the proposed
project will not produce significant changes to the number of rare or endangered plant species in the project area
(including trees, shrubs grass, crops, and micro flora) nor would it impact wetlands, migratory corridors, or conservation
plans.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical
X
resource as defined in Section 15064.5?
b) Cause a substantial adverse change in the significance of an
X
archaeological resources pursuant to Section 15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or
X
unique geologic feature?
d) Disturb any human remains, including those interred outside of formal
X
cemeteries?
A significant impact may occur if grading or excavation activities associated with the proposed project would disturb
paleontological resources or geologic features which presently exist within the project site. No unique geologic features
currently exist within the project site, which has been previously disturbed through its construction as an office building
and surface parking lot. Limited grading would be associated for the construction of the proposed project. No impacts to
paleontological resources would occur.
While there is no evidence that paleontological resources are located on the project site, there is still the possibility that
the construction phase of the proposed office building could encounter paleontological resources, which in turn could
result in potentially significant paleontological resource impacts. However, provided the mitigation measure listed below is
implemented, the project would not have any potential to cause a substantial adverse change in significant paleontological
resources.
A significant impact may occur if grading or excavation activities associated with the proposed project would disturb
archaeological resources or geologic features which presently exist within the project site. No unique geologic features
currently exist within the project site, which has been previously disturbed through its construction as an office building
anti surface carkina lot. While there is no evidence that archaeological resources are located on the project site, ther4'1s`
Issues and Supporting
Significan
Impact
still the possibility that the construction phase of the project office building could encounter archaeological resources,
which in turn could result in potentially significant archaeological resources impacts. However, provided the mitigation
measure listed below is implemented, the proposed project would not have any potential to cause a substantial adverse
change in significant archaeological resources.
Section 15064.5 of the State CEQA Guidelines defines an historical resource as: (1) a resource listed in or determined to
be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources; (2)
a resource listed in a local register of historical resources or identified as significant in an historical resource survey
meeting certain state guidelines; or (3) an object, building, structure, site, area, place, record or manuscript which a lead
agency determines to be significant in the architectural, engineering, scientific, economic, agricultural, educational, social,
political, military or cultural annals of California, provided that the lead agency's determination is supported by substantial
evidence in light of the whole record. A project - related significant adverse effect could occur if the proposed project would
adversely affect an historical resource meeting one of these definitions. Currently the proposed project site is developed
with an office building, which was constructed in the 1960's. No buildings presently listed in, or identified as eligible for
listing in, the California Register of Historical Resources are located on the project site. Similarly no resources listed in a
local register of historical resources or within a historical resources survey are located within the project site. Finally, none
of the existing structures have ever contributed to the architectural, engineering, scientific, economic, agricultural,
educational, social, political, military or cultural annals of California. The project would thus not have any potential to
affect significant historical resources as defined in Section 15064.5.
A significant impact may occur if a proposed project was located in an area where it could cause a physical change, which
would affect a unique ethnic community or culture. The proposed project site is located in an urbanized area of the City of
El Segundo, which does not have cultural or ethnic significance. No impacts would occur.
A significant impact may occur if a proposed project was located in an area where it could impact religious or sacred uses.
The proposed project site is located in an urbanized area of the City of El Segundo, which does not have religious or
sacred significance. No impacts would occur.
However, provided the mitigation measure listed below is implemented, the proposed project would not have any potential
to cause a substantial adverse change in significant paleontological and archeological resources.
MM -2 In the event that paleontological or archaeological resources are encountered during the course of
grading, all development must cease in these areas until the paleontological or archaeological resources
are properly assessed and subsequent recommendations are determined by a qualified paleontologist or
archaeological.
6. GEOLOGY AND SOILS. Would the project:
Less than
Less Than
No Impact
t
Significant
Significant
recent Alquist - Priolo Earthquake Fault Zoning Map issued by the
With
Impact
State Geologist for the area or based on other substantial evidence
Mitigation
X
IncoTporated
still the possibility that the construction phase of the project office building could encounter archaeological resources,
which in turn could result in potentially significant archaeological resources impacts. However, provided the mitigation
measure listed below is implemented, the proposed project would not have any potential to cause a substantial adverse
change in significant archaeological resources.
Section 15064.5 of the State CEQA Guidelines defines an historical resource as: (1) a resource listed in or determined to
be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources; (2)
a resource listed in a local register of historical resources or identified as significant in an historical resource survey
meeting certain state guidelines; or (3) an object, building, structure, site, area, place, record or manuscript which a lead
agency determines to be significant in the architectural, engineering, scientific, economic, agricultural, educational, social,
political, military or cultural annals of California, provided that the lead agency's determination is supported by substantial
evidence in light of the whole record. A project - related significant adverse effect could occur if the proposed project would
adversely affect an historical resource meeting one of these definitions. Currently the proposed project site is developed
with an office building, which was constructed in the 1960's. No buildings presently listed in, or identified as eligible for
listing in, the California Register of Historical Resources are located on the project site. Similarly no resources listed in a
local register of historical resources or within a historical resources survey are located within the project site. Finally, none
of the existing structures have ever contributed to the architectural, engineering, scientific, economic, agricultural,
educational, social, political, military or cultural annals of California. The project would thus not have any potential to
affect significant historical resources as defined in Section 15064.5.
A significant impact may occur if a proposed project was located in an area where it could cause a physical change, which
would affect a unique ethnic community or culture. The proposed project site is located in an urbanized area of the City of
El Segundo, which does not have cultural or ethnic significance. No impacts would occur.
A significant impact may occur if a proposed project was located in an area where it could impact religious or sacred uses.
The proposed project site is located in an urbanized area of the City of El Segundo, which does not have religious or
sacred significance. No impacts would occur.
However, provided the mitigation measure listed below is implemented, the proposed project would not have any potential
to cause a substantial adverse change in significant paleontological and archeological resources.
MM -2 In the event that paleontological or archaeological resources are encountered during the course of
grading, all development must cease in these areas until the paleontological or archaeological resources
are properly assessed and subsequent recommendations are determined by a qualified paleontologist or
archaeological.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving:
(i) Rupture of a known earthquake fault, as delineated on the most
recent Alquist - Priolo Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other substantial evidence
X
of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
(ii) Strong seismic ground shaking?
X
(iii) Seismic - related ground failure, including liquefaction?
X
(iv) Landslides?
I X
b) Result in substantial soil erosion or the loss of topsoil?
X
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on-
X
or off -site landslide, lateral spreading, subsidence, liquefaction or
collapse?
10
Issues and Supporting
ruLcu.+ - -.y
Significanl
Impact
d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X
Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or X
alternative waste water disposal systems where sewers are not
available for the disposal of waste water?
A significant impact may occur if a project site is located within a state - designated Alquist - Priolo Zone or other designated
fault zone, and appropriate building practices are not employed. The project site is located in the vicinity of the Newport -
Inglewood Fault Zone and the Elysian Thrust Fault Zone (see Environmental and Public Facilities Maps: Alquist - Priolo
Special Study Zones and Fault Rupture Study Areas in the City of Los Angeles) . The Newport- Inglewood Fault Zone is
75 km in length with a probable magnitude of 6.5 -7.4. The potentially active Elysian Thrust Fault Zone is 34 km in length
with a probable magnitude of 6.7. The project will be required to comply with current codes which reduce seismic risks to
an acceptable level; thus, the proposed project will have a less than significant impact with regard to fault rupture
A significant impact may occur if a proposed project represents an increased risk to public safety or destruction of
property by exposing people, property or infrastructure to seismically induced ground shaking hazards that are greater
than the average risk associated with locations in the Southern California region. As with all properties in the seismically
active Southern California region, the project site is susceptible to ground shaking during a seismic event. Potential
impacts from seismic ground shaking are present throughout Southern California and would be of comparable intensity at
the project site as it would be for large parts of the City of El Segundo and the region. The project will be required to
comply with existing codes which reduce seismic risks to an acceptable level; thus, the proposed project will have a less
than significant impact with regard to seismic ground shaking. Impacts would be less than significant.
A significant impact may occur if a proposed project is located in an area identified as having a high risk of liquefaction
and mitigation measures required within such designated areas are not incorporated into the project. Liquefaction is a
condition where the soil undergoes continued deformation at a constant low residual stress due to the build -up of high
porewater pressures. The possibility of liquefaction occurring at a given site is dependant upon the occurrence of a
significant earthquake in the vicinity, sufficient groundwater to cause high pore pressures, and on the grain size, relative
density, and confining pressures of the soil at the site. The regional groundwater is approximately 110 feet below ground
surface in the vicinity of the proposed project site. The proposed project site is located in a zone of the City that is
considered to have a low potential for liquefaction based upon on -site soil types and topographic and subsurface
conditions .3 There would a less than significant impact involving seismic ground failure, including liquefaction.
A significant impact may occur if the proposed project site was sufficiently close to the ocean to be potentially at risk of the
effects of seismically induced tidal phenomena (seiche and tsunami). The proposed project site is located approximately
two miles from Santa Monica Bay and the Pacific Ocean. The coastal portion of the City and adjacent portions of the City
of Los Angeles are identified by the State as tsunami hazard areas, and as a result, there is the potential for damage to
Edison and Chevron facilities, and the Hyperion Treatment Plant. However, the residential portions of the City and the
proposed project site are located above the potential hazard area and are not at high risk. There are no volcanic hazards
within the proposed project area or region. Impacts involving seiche, tsunami, or volcanic hazards would be less than
significant.
A significant impact may occur if the proposed project site were located in a hillside area with soil conditions that would
suggest high potential for sliding. The proposed project site is not located in a hillside area and therefore would not be
subject to potential landslide conditions.
1 The City of Los Angeles Environmental and Public Facilities Maps (September 1, 1996) are available for review during normal
business hours at the City of El Segundo Community, Economic and Development Services Department, 350 Main Street, El
Segundo, CA 90245.
s Phase I Environmental Assessment, McLaren /Hart Inc.
11 0
Less than
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
Incorporated
d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X
Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or X
alternative waste water disposal systems where sewers are not
available for the disposal of waste water?
A significant impact may occur if a project site is located within a state - designated Alquist - Priolo Zone or other designated
fault zone, and appropriate building practices are not employed. The project site is located in the vicinity of the Newport -
Inglewood Fault Zone and the Elysian Thrust Fault Zone (see Environmental and Public Facilities Maps: Alquist - Priolo
Special Study Zones and Fault Rupture Study Areas in the City of Los Angeles) . The Newport- Inglewood Fault Zone is
75 km in length with a probable magnitude of 6.5 -7.4. The potentially active Elysian Thrust Fault Zone is 34 km in length
with a probable magnitude of 6.7. The project will be required to comply with current codes which reduce seismic risks to
an acceptable level; thus, the proposed project will have a less than significant impact with regard to fault rupture
A significant impact may occur if a proposed project represents an increased risk to public safety or destruction of
property by exposing people, property or infrastructure to seismically induced ground shaking hazards that are greater
than the average risk associated with locations in the Southern California region. As with all properties in the seismically
active Southern California region, the project site is susceptible to ground shaking during a seismic event. Potential
impacts from seismic ground shaking are present throughout Southern California and would be of comparable intensity at
the project site as it would be for large parts of the City of El Segundo and the region. The project will be required to
comply with existing codes which reduce seismic risks to an acceptable level; thus, the proposed project will have a less
than significant impact with regard to seismic ground shaking. Impacts would be less than significant.
A significant impact may occur if a proposed project is located in an area identified as having a high risk of liquefaction
and mitigation measures required within such designated areas are not incorporated into the project. Liquefaction is a
condition where the soil undergoes continued deformation at a constant low residual stress due to the build -up of high
porewater pressures. The possibility of liquefaction occurring at a given site is dependant upon the occurrence of a
significant earthquake in the vicinity, sufficient groundwater to cause high pore pressures, and on the grain size, relative
density, and confining pressures of the soil at the site. The regional groundwater is approximately 110 feet below ground
surface in the vicinity of the proposed project site. The proposed project site is located in a zone of the City that is
considered to have a low potential for liquefaction based upon on -site soil types and topographic and subsurface
conditions .3 There would a less than significant impact involving seismic ground failure, including liquefaction.
A significant impact may occur if the proposed project site was sufficiently close to the ocean to be potentially at risk of the
effects of seismically induced tidal phenomena (seiche and tsunami). The proposed project site is located approximately
two miles from Santa Monica Bay and the Pacific Ocean. The coastal portion of the City and adjacent portions of the City
of Los Angeles are identified by the State as tsunami hazard areas, and as a result, there is the potential for damage to
Edison and Chevron facilities, and the Hyperion Treatment Plant. However, the residential portions of the City and the
proposed project site are located above the potential hazard area and are not at high risk. There are no volcanic hazards
within the proposed project area or region. Impacts involving seiche, tsunami, or volcanic hazards would be less than
significant.
A significant impact may occur if the proposed project site were located in a hillside area with soil conditions that would
suggest high potential for sliding. The proposed project site is not located in a hillside area and therefore would not be
subject to potential landslide conditions.
1 The City of Los Angeles Environmental and Public Facilities Maps (September 1, 1996) are available for review during normal
business hours at the City of El Segundo Community, Economic and Development Services Department, 350 Main Street, El
Segundo, CA 90245.
s Phase I Environmental Assessment, McLaren /Hart Inc.
11 0
iP
Issues and Supporting Information
Significan
Impact
A significant impact may occur if the proposed project site would expose large areas to the erosional effects of wind or
Less than
Less Than
No Impact
A significant impact may occur if the proposed project would cause subsidence of the land. The proposed project site is
Significant
Significant
subsidence, would be associated with the proposed project. -In addition, the regional groundwater is approximately 110
feet below the ground surface of the vicinity of the proposed project site.4 No impact would occur.
With
Impact
buildings, thus posing a hazard to life and property. The proposed project site is characterized as having groundwater
tables underlain by sand dune formations. Construction must comply with the City of El Segundo Uniform Building Code,
Mitigation
Therefore, the proposed project will have less than significant impacts involving expansive soils.
A significant impact may occur if the proposed project site or immediate surrounding area contained unique geological or
physical features. The proposed project site is located in an area which has been previously disturbed through its
Incorporated
no unique geologic or physical features in the area. No impact would occur.
With incorporation of the mitigation measures listed below, impacts would be less than significant.
A significant impact may occur if the proposed project site would expose large areas to the erosional effects of wind or
water for a long period of time. The proposed project area is highly developed and the project site is entirely paved. The
potential for substantial erosion or changes in topography would therefore not be present under the proposed project. No
impact would occur.
A significant impact may occur if the proposed project would cause subsidence of the land. The proposed project site is
completely paved and developed. The proposed project would involve the demolition of the existing office building; no
major site preparation activities would be required. No withdrawals of subsurface fluids, which could potentially cause
subsidence, would be associated with the proposed project. -In addition, the regional groundwater is approximately 110
feet below the ground surface of the vicinity of the proposed project site.4 No impact would occur.
A significant impact may occur if the proposed project would be built in an area characterized by expansive soils or other
unstable soil conditions without proper site preparation or design features to provide adequate foundations for project
buildings, thus posing a hazard to life and property. The proposed project site is characterized as having groundwater
tables underlain by sand dune formations. Construction must comply with the City of El Segundo Uniform Building Code,
which is designed to assure safe construction, including building foundation requirements appropriate to site conditions.
Therefore, the proposed project will have less than significant impacts involving expansive soils.
A significant impact may occur if the proposed project site or immediate surrounding area contained unique geological or
physical features. The proposed project site is located in an area which has been previously disturbed through its
construction as an office building and parking structure, and is also within the urbanized area of El Segundo. There are
no unique geologic or physical features in the area. No impact would occur.
With incorporation of the mitigation measures listed below, impacts would be less than significant.
MM -3 The City development shall conform to the California Building Code.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project?
a) Create a significant hazard to the public or the environment through the
X
routine transport, use or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the
X
likely release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one - quarter mile of an exiting or
X
proposed school?
d) Be located on a site which is included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5 and, as
X
a result would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public
X
use airport, would the project result in a safety hazard for people
residing or working in the project area?
4 Phase I Environmental Assessment, McLaren /Hart Inc.
5 El Segundo General Plan, 1992.
12 1 '
Issues and Supporting Informa
rownr— <y
Significani
Impact
f) For a project within the vicinity of a private airstrip, would the project X
result in a safety hazard for people residing or working in the project
area?
g) Impair implementation of, or physically interfere with an adopted X
emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death X
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
A significant impact may occur if a proposed project utilizes substantial quantities of hazardous materials as part of its
routine operations and could potentially pose a hazard to nearby sensitive receptors under accident or upset conditions.
The proposed project would use, at most, minimal amounts of hazardous materials for routine office cleaning and
landscaping and therefore would not pose any substantial potential for accident conditions involving the release of
hazardous materials. No impact would occur.
A significant impact may occur if the proposed project were to interfere with roadway operations used in conjunction with
an emergency response plan or emergency evacuation plan or would generate sufficient traffic to create traffic congestion
that would interfere with the execution of such a plan. Construction of the proposed project would not substantially
impede public access or travel upon public rights -of -way and would not interfere with any adopted emergency response
plan or emergency evacuation plan. Project impacts to area traffic would have no significant impacts on nearby roadways
or intersections (see Section 15, below). In addition, the proposed project would generate less daily trips then the existing
office building if it were to be re- occupied due to the reduction in square footage from 140,000 square feet to 120,610
square feet. The traffic circulation on -site would also remain the same. The proposed project would not interfere with an
emergency response plan or emergency evacuation plan. No impact would occur. The proposed project would not
interfere with an emergency response plan or emergency evacuation plan. No impact would occur.
A significant impact may occur if a proposed project involves use or disposal of hazardous materials as part of its routine
operations and would have the potential to generate toxic or otherwise hazardous emissions that could adversely affect
sensitive receptors. Uses sensitive to hazardous emissions (i.e., sensitive receptors) in the area include some residential
apartments, located to the west of the property.
A significant impact may occur if a proposed project involved the exposure of people to existing sources of potential health
hazards. Based on a Phase I Environmental Site Assessment prepared for the project site by McLaren /Hart, Inc.,
potential sources and conditions related to hazardous materials were found. A four -foot by nine -foot waste oil stained
area and several containers of waste oil (opened and closed) were observed in the southeast corner of the proposed
project site. In addition, Asbestos Containing Materials (ACM) was found to be contained in the existing structure. Non -
friable asbestos was identified in the vinyl floor tile; floor tile mastic, roof tar patch, roof tar, and joint compound materials.
Furthermore, since the construction of the existing office building began in 1964 it is likely that a lead -based paint was
used.
A significant impact may occur if a proposed project increased fire hazards in areas with flammable brush, grass, or trees.
The proposed project site is located in an urbanized portion of the City of El Segundo that does not include wildlands or
high fire hazard terrain or vegetation. All areas of the project site are paved and developed. No impact would occur on
increased fire hazards.
The existing 12 -story office building would be demolished. The likely method of demolition is a floor -by -floor demolition
with a wrecking ball. An alternative method, being considered is implosion of the existing building. Either method could
result in hazards from falling debris. Potential impacts can be mitigated through the implementation of a Demolition Safety
Plan in accordance with applicable CAL /OSHA regulations.
With incorporation of the mitigation measures listed below, impacts would be less than significant on exposure of people
to existing sources of potential health hazards.
13
.►. i , CV
Less than
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
Incorporated
f) For a project within the vicinity of a private airstrip, would the project X
result in a safety hazard for people residing or working in the project
area?
g) Impair implementation of, or physically interfere with an adopted X
emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death X
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
A significant impact may occur if a proposed project utilizes substantial quantities of hazardous materials as part of its
routine operations and could potentially pose a hazard to nearby sensitive receptors under accident or upset conditions.
The proposed project would use, at most, minimal amounts of hazardous materials for routine office cleaning and
landscaping and therefore would not pose any substantial potential for accident conditions involving the release of
hazardous materials. No impact would occur.
A significant impact may occur if the proposed project were to interfere with roadway operations used in conjunction with
an emergency response plan or emergency evacuation plan or would generate sufficient traffic to create traffic congestion
that would interfere with the execution of such a plan. Construction of the proposed project would not substantially
impede public access or travel upon public rights -of -way and would not interfere with any adopted emergency response
plan or emergency evacuation plan. Project impacts to area traffic would have no significant impacts on nearby roadways
or intersections (see Section 15, below). In addition, the proposed project would generate less daily trips then the existing
office building if it were to be re- occupied due to the reduction in square footage from 140,000 square feet to 120,610
square feet. The traffic circulation on -site would also remain the same. The proposed project would not interfere with an
emergency response plan or emergency evacuation plan. No impact would occur. The proposed project would not
interfere with an emergency response plan or emergency evacuation plan. No impact would occur.
A significant impact may occur if a proposed project involves use or disposal of hazardous materials as part of its routine
operations and would have the potential to generate toxic or otherwise hazardous emissions that could adversely affect
sensitive receptors. Uses sensitive to hazardous emissions (i.e., sensitive receptors) in the area include some residential
apartments, located to the west of the property.
A significant impact may occur if a proposed project involved the exposure of people to existing sources of potential health
hazards. Based on a Phase I Environmental Site Assessment prepared for the project site by McLaren /Hart, Inc.,
potential sources and conditions related to hazardous materials were found. A four -foot by nine -foot waste oil stained
area and several containers of waste oil (opened and closed) were observed in the southeast corner of the proposed
project site. In addition, Asbestos Containing Materials (ACM) was found to be contained in the existing structure. Non -
friable asbestos was identified in the vinyl floor tile; floor tile mastic, roof tar patch, roof tar, and joint compound materials.
Furthermore, since the construction of the existing office building began in 1964 it is likely that a lead -based paint was
used.
A significant impact may occur if a proposed project increased fire hazards in areas with flammable brush, grass, or trees.
The proposed project site is located in an urbanized portion of the City of El Segundo that does not include wildlands or
high fire hazard terrain or vegetation. All areas of the project site are paved and developed. No impact would occur on
increased fire hazards.
The existing 12 -story office building would be demolished. The likely method of demolition is a floor -by -floor demolition
with a wrecking ball. An alternative method, being considered is implosion of the existing building. Either method could
result in hazards from falling debris. Potential impacts can be mitigated through the implementation of a Demolition Safety
Plan in accordance with applicable CAL /OSHA regulations.
With incorporation of the mitigation measures listed below, impacts would be less than significant on exposure of people
to existing sources of potential health hazards.
13
.►. i , CV
Issues and Supporting Informs tun
S teo ____t
Significant
Less than
Significant
Less Than
Significant
No Impact
MM -5 All debris shall be cleared, including waste oil and waste oil impacted materials, from the southeastern
Impact
With
Impact
approval by the Department of Community, Economic and Development Services which demonstrates
that the chosen method of demolition will be in accordance with all applicable federal, state, and local
regulations.
Mitigation
a) Violate any water quality standards or waste discharge requirements?
Incorporated
b) Substantially degrade groundwater supplies or interfere substantially
MM -4 Prior to any demolition, all identified ACM shall be removed in accordance with all federal, state,
SCAQMD and local regulations by an asbestos abatement contractor who is certified by and registered
CAL /OSHA for removal of asbestos. If any suspect asbestos containing materials not previously
identified are encountered during demolition, these materials would be required to be sampled by a
qualified person and analyzed by an accredited laboratory. If these materials are confirmed as ACMs,
they shall be removed and disposed of in accordance with applicable regulations.
MM -5 All debris shall be cleared, including waste oil and waste oil impacted materials, from the southeastern
corner of the proposed project site. All removed material shall be handled and disposed of in accordance
with applicable regulations.
MM -6 Prior to issuance of a demolition permit, the applicant shall submit a demolition safety plan for review and
approval by the Department of Community, Economic and Development Services which demonstrates
that the chosen method of demolition will be in accordance with all applicable federal, state, and local
regulations.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements?
X
b) Substantially degrade groundwater supplies or interfere substantially
with groundwater recharge such that there would be a net deficit in
aquifer volume or a lowering of the local groundwater table level (e.g.,
X
the production rate of pre- existing nearby wells would drop to a level
which would not support existing land uses or planned uses for which
permits have been granted)?
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a
X
manner which would result in substantial erosion or siltation on- or off -
site?
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
X
substantially increase the rate or surface runoff in a manner which
would result in flooding on- or off site?
e) Create or contribute runoff which would exceed the capacity of existing
or planned stormwater drainage systems or provide substantial
X
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
X
g) Place housing within a 100 -year floodplain, as mapped on a federal
Flood Hazard Boundary or Flood Insurance Rate Map or other flood
X
hazard delineation map?
h) Place within a 100 -year flood hazard area structures which would
X
impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee
X
or dam?
j) Inundation by seiche, tsunami, or mudflow?
X
A significant impact may occur if the proposed project resulted in increased runoff volumes during construction or
operation of the project, which would result in flooding conditions affecting the project site or nearby properties. No
stream or river courses are currently located in the vicinity of the project site. The proposed project would reduce the
amount of impervious surface on the project site because it will replace existing paved and developed surfaces within the
14
Issues and Supporting
rUwuti, y
Signifcanl
Impact
project site with urban landscaping. The proposed project would increase the quality, quantity and variety of plant
material and landscape currently at the site. While the proposed project site. at present is occupied virtually in its entirety
by buildings or paved surfaces, the proposed project would include approximately 14,000 square feet of landscaped area.
Therefore, the proposed project would not generate any additional storm water runoff to the storm drain system and would
likely reduce storm water runoff to the storm drain system. Impacts would be less than significant.
A significant impact may occur if the proposed project resulted in exposure of people or property to water related hazards
such as flooding. The proposed project is located within Flood Hazard Zone C of the National Flood Insurance Program
(i.e., not at risk of a 100 -year or 500 -year flood) and there are no major dams or waterways located near proposed project
site. No impact would occur.
A significant impact may occur if the proposed project included potential sources of water pollutants, which would have
the potential to degrade water quality. During construction of the proposed project, demolition of the existing 12 -story
office building would take place and the proposed project site could be exposed to precipitation, which could increase
runoff of eroded materials. The project will be required to comply with the applicable regulations of the General
Construction Activity Storm Water Permit issued by the Los Angeles Regional Water Quality Control Board and
administered by the Los Angeles County Department of Public Works and the City of El Segundo. However, by
incorporating the relevant Best Management Practices (BMPs) set forth in this permit for erosion control into the project
construction process, impacts on water quality from construction runoff would be limited. With implementation of the
mitigation measures set forth below, impacts of the proposed project related to construction runoff would be less than
significant.
During operations, the proposed project would use, at most, minimal amounts of hazardous materials for routine office
cleaning and landscaping. Vehicular activities associated with the proposed project could result in the deposition of
materials within the parking structure and on surrounding roadways would have the potential to contribute metals, oil and
grease, solvents, hydrocarbons and suspended solids to storm water runoff. The proposed project would be subject to
design criteria set forth in the Standard Urban Storm Water Mitigation Plan for Los Angeles County and cities in Los
Angeles County, as administered by the City of El Segundo and the County of Los Angeles. These design measures
would minimize the conveyance of pollutants in storm water runoff. Therefore, with implementation of the mitigation
measures set forth below, the proposed project would not substantially degrade water quality.
A significant impact may occur if the proposed project resulted in changes in the amount of surface water in any water
body. The proposed project would involve the demolition of the 12 -story existing office building and the development of a
new 6 -story office building in a densely developed portion of the City of El Segundo. The amount of impervious surface
within the project site would be decreased with the construction of new landscaped areas under the either project
scenario. There would be no alterations to the amount of surface water as the nearest body of water is two miles away,
the Santa Monica Bay and the Pacific Ocean. No impact would occur.
A significant impact may occur if the proposed project resulted in changes in currents, or the course or direction of water
movements. The proposed project would involve the demolition of the 12 -story existing office building and the
development of a new 6 -story office building in a densely developed portion of the City of El Segundo. There would be no
changes in currents, or the course or direction of water movements as the nearest body of water is two miles away, the
Santa Monica Bay and the Pacific Ocean as a result of either scenario. No impact would occur.
A significant impact may occur if a proposed project included deep excavations which had the potential to interfere with
groundwater movement or included withdrawal of groundwater or paving of existing permeable surfaces important to
groundwater recharge. The proposed project site is presently covered entirely with impermeable surface (i.e., structures,
concrete and asphalt). The proposed project under either scenario would increase the amount of permeable surfaces
through increased landscaped area and would not include any excavation. Therefore, the proposed project would have
no effect on groundwater quality or recharge.
A significant impact may occur if a proposed project included deep excavations, which had the potential to interfere with
groundwater movement. The proposed project site is covered entirely with impermeable surface (i.e., structures, concrete
and asphalt). No excavations would be included in the proposed project. The proposed project would not result in altered
direction of groundwater flows. No impact would occur.
15' `
Less than
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
incorporated
project site with urban landscaping. The proposed project would increase the quality, quantity and variety of plant
material and landscape currently at the site. While the proposed project site. at present is occupied virtually in its entirety
by buildings or paved surfaces, the proposed project would include approximately 14,000 square feet of landscaped area.
Therefore, the proposed project would not generate any additional storm water runoff to the storm drain system and would
likely reduce storm water runoff to the storm drain system. Impacts would be less than significant.
A significant impact may occur if the proposed project resulted in exposure of people or property to water related hazards
such as flooding. The proposed project is located within Flood Hazard Zone C of the National Flood Insurance Program
(i.e., not at risk of a 100 -year or 500 -year flood) and there are no major dams or waterways located near proposed project
site. No impact would occur.
A significant impact may occur if the proposed project included potential sources of water pollutants, which would have
the potential to degrade water quality. During construction of the proposed project, demolition of the existing 12 -story
office building would take place and the proposed project site could be exposed to precipitation, which could increase
runoff of eroded materials. The project will be required to comply with the applicable regulations of the General
Construction Activity Storm Water Permit issued by the Los Angeles Regional Water Quality Control Board and
administered by the Los Angeles County Department of Public Works and the City of El Segundo. However, by
incorporating the relevant Best Management Practices (BMPs) set forth in this permit for erosion control into the project
construction process, impacts on water quality from construction runoff would be limited. With implementation of the
mitigation measures set forth below, impacts of the proposed project related to construction runoff would be less than
significant.
During operations, the proposed project would use, at most, minimal amounts of hazardous materials for routine office
cleaning and landscaping. Vehicular activities associated with the proposed project could result in the deposition of
materials within the parking structure and on surrounding roadways would have the potential to contribute metals, oil and
grease, solvents, hydrocarbons and suspended solids to storm water runoff. The proposed project would be subject to
design criteria set forth in the Standard Urban Storm Water Mitigation Plan for Los Angeles County and cities in Los
Angeles County, as administered by the City of El Segundo and the County of Los Angeles. These design measures
would minimize the conveyance of pollutants in storm water runoff. Therefore, with implementation of the mitigation
measures set forth below, the proposed project would not substantially degrade water quality.
A significant impact may occur if the proposed project resulted in changes in the amount of surface water in any water
body. The proposed project would involve the demolition of the 12 -story existing office building and the development of a
new 6 -story office building in a densely developed portion of the City of El Segundo. The amount of impervious surface
within the project site would be decreased with the construction of new landscaped areas under the either project
scenario. There would be no alterations to the amount of surface water as the nearest body of water is two miles away,
the Santa Monica Bay and the Pacific Ocean. No impact would occur.
A significant impact may occur if the proposed project resulted in changes in currents, or the course or direction of water
movements. The proposed project would involve the demolition of the 12 -story existing office building and the
development of a new 6 -story office building in a densely developed portion of the City of El Segundo. There would be no
changes in currents, or the course or direction of water movements as the nearest body of water is two miles away, the
Santa Monica Bay and the Pacific Ocean as a result of either scenario. No impact would occur.
A significant impact may occur if a proposed project included deep excavations which had the potential to interfere with
groundwater movement or included withdrawal of groundwater or paving of existing permeable surfaces important to
groundwater recharge. The proposed project site is presently covered entirely with impermeable surface (i.e., structures,
concrete and asphalt). The proposed project under either scenario would increase the amount of permeable surfaces
through increased landscaped area and would not include any excavation. Therefore, the proposed project would have
no effect on groundwater quality or recharge.
A significant impact may occur if a proposed project included deep excavations, which had the potential to interfere with
groundwater movement. The proposed project site is covered entirely with impermeable surface (i.e., structures, concrete
and asphalt). No excavations would be included in the proposed project. The proposed project would not result in altered
direction of groundwater flows. No impact would occur.
15' `
Issues and Supporting
ruwua.. . j
Significant
Impact
A significant impact may occur if the proposed project includes potential sources of water pollutants that would have the
potential to substantially degrade water quality. The proposed project would use, at most, minimal amounts of hazardous
materials for routine office cleaning and landscaping; the proposed project does not include other potential sources of
contaminants, which could potentially degrade water quality. Therefore, the proposed project would not degrade water
quality. No impact would occur.
A significant impact may occur if the proposed project included deep excavations, which had the potential to substantially
reduce the amount of groundwater otherwise available for public water supplies. The proposed project site would not
include any subsurface excavation. Thus, the proposed project would not substantially reduce the amount of
groundwater, which would otherwise be available for public water supplies. No impact would occur.
Impacts would be less than significant with mitigation measures incorporated.
MM -7 The project applicant shall ensure that an effective erosion control program is in place throughout the
demolition and site preparation phases of the project.
MM -8 The project applicant shall provide perimeter retainage around the site to minimize sediment runoff to the
storm drain system.
MM -9 The project applicant shall install fossil filters or other fuel /oil separators at all parking structure storm
drain collectors.
MM -10 Landscape design shall maximize rainwater detention in landscaped areas.
MM -11 The project applicant shall incorporate all applicable design measures set forth in the Standard Urban
Storm Water Mitigation Plan for Los Angeles County and Cities in Los Angeles County.
9. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Conflict with an applicable land use plan, policy or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance) X
adopted for the purpose of avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat conservation plan or natural X
communities conservation plan?
A significant impact may occur if the proposed project is inconsistent with the General Plan or zoning designations
currently applicable to the project site and would cause adverse environmental effects, which the General Plan and zoning
ordinance are designed to avoid or mitigate. The project site is located within the City of El Segundo. The El Segundo
Municipal Code, a part of the General Plan of the City of El Segundo, designates the project site as "Corporate Office" and
the site's zoning is CO.
The CO Zone permits general office use. The proposed project exceeds the parking regulation required for parking at
four parking spaces per 1,000 square feet, compared to the City's requirement of 2.7 parking spaces per 1,000 square
feet. This project will meet all development regulation and standards required with the exception of the floor area ratio
(FAR) requirement. The current FAR limitation applicable to the project site is 0.80 and the proposed development would
require a 1.086 FAR. The applicant is requesting an amendment to the General Plan for this specific project site to permit
the requested FAR. Additionally, the property owner, Legacy Partners, is requesting an exception to the loading dock
requirements from three (13 feet by 50 feet) loading docks to two (13 feet by 30 feet) loading docks. This is due to the
16 ,
A.
Less than
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
Incorporated
A significant impact may occur if the proposed project includes potential sources of water pollutants that would have the
potential to substantially degrade water quality. The proposed project would use, at most, minimal amounts of hazardous
materials for routine office cleaning and landscaping; the proposed project does not include other potential sources of
contaminants, which could potentially degrade water quality. Therefore, the proposed project would not degrade water
quality. No impact would occur.
A significant impact may occur if the proposed project included deep excavations, which had the potential to substantially
reduce the amount of groundwater otherwise available for public water supplies. The proposed project site would not
include any subsurface excavation. Thus, the proposed project would not substantially reduce the amount of
groundwater, which would otherwise be available for public water supplies. No impact would occur.
Impacts would be less than significant with mitigation measures incorporated.
MM -7 The project applicant shall ensure that an effective erosion control program is in place throughout the
demolition and site preparation phases of the project.
MM -8 The project applicant shall provide perimeter retainage around the site to minimize sediment runoff to the
storm drain system.
MM -9 The project applicant shall install fossil filters or other fuel /oil separators at all parking structure storm
drain collectors.
MM -10 Landscape design shall maximize rainwater detention in landscaped areas.
MM -11 The project applicant shall incorporate all applicable design measures set forth in the Standard Urban
Storm Water Mitigation Plan for Los Angeles County and Cities in Los Angeles County.
9. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Conflict with an applicable land use plan, policy or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance) X
adopted for the purpose of avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat conservation plan or natural X
communities conservation plan?
A significant impact may occur if the proposed project is inconsistent with the General Plan or zoning designations
currently applicable to the project site and would cause adverse environmental effects, which the General Plan and zoning
ordinance are designed to avoid or mitigate. The project site is located within the City of El Segundo. The El Segundo
Municipal Code, a part of the General Plan of the City of El Segundo, designates the project site as "Corporate Office" and
the site's zoning is CO.
The CO Zone permits general office use. The proposed project exceeds the parking regulation required for parking at
four parking spaces per 1,000 square feet, compared to the City's requirement of 2.7 parking spaces per 1,000 square
feet. This project will meet all development regulation and standards required with the exception of the floor area ratio
(FAR) requirement. The current FAR limitation applicable to the project site is 0.80 and the proposed development would
require a 1.086 FAR. The applicant is requesting an amendment to the General Plan for this specific project site to permit
the requested FAR. Additionally, the property owner, Legacy Partners, is requesting an exception to the loading dock
requirements from three (13 feet by 50 feet) loading docks to two (13 feet by 30 feet) loading docks. This is due to the
16 ,
A.
Issues and Supporting Informa
Significani
Impact
,I_ L_: :4 . s a..... -;;; - k.,ilrfinno to chnra tha Inwiinn dncks (this
limited amount of surface area avauame on sue anu L116 aU11ILY U1 LV.0 W,,,�� w�,.4.,,�� •� - - _ ..._ .___._.., _ _ _.__ ,_.__
includes the adjacent office building at 898 N Sepulveda Boulevard to the north). Approval of a General Plan Amendment
Less than
Less Than
No Impact
Under an existing Administrative Use Permit, the existing Park - and -Ride operation is currently temporarily allowed as long
Significant
Significant
A project - related significant adverse effect could occur if the proposed project site were located within an area governed
by a habitat conservation plan or natural community conservation plan. The project site and its vicinity are not part of any
with
Impact
construction of a parking structure and an office building, and is also within an urbanized area of El Segundo. No project
impact to any adopted habitat or conservation plans would occur. No impact would occur.
Mitigation
residential). The proposed new office building would be compatible and integrate with the recently completed 898 North
Sepulveda Boulevard office building. Similar materials, finishes and landscaping will be used on the proposed project
site. This includes using similar aqua blue -green medium performance glass, metal accents in the canopy and the mullion
Incorporated
addition, the proposed project would be consistent with surrounding commercial and office developments in the area. No
residential uses are located in the immediate vicinity of the proposed project site. No impact to sensitive land uses would
,I_ L_: :4 . s a..... -;;; - k.,ilrfinno to chnra tha Inwiinn dncks (this
limited amount of surface area avauame on sue anu L116 aU11ILY U1 LV.0 W,,,�� w�,.4.,,�� •� - - _ ..._ .___._.., _ _ _.__ ,_.__
includes the adjacent office building at 898 N Sepulveda Boulevard to the north). Approval of a General Plan Amendment
and Development Agreement for the additional square footage and the loading dock exception is required. If the City
approves the General Plan Amendment and Development Agreement, there would be no impact on the general plan
designation or zoning. A less than significant impact would occur.
Under an existing Administrative Use Permit, the existing Park - and -Ride operation is currently temporarily allowed as long
as the 888 N Sepulveda Boulevard building remains vacant. Under the proposed Development Agreement, the Park -and-
Ride would be permanently discontinued. A less than significant impact would occur.
A project - related significant adverse effect could occur if the proposed project site were located within an area governed
by a habitat conservation plan or natural community conservation plan. The project site and its vicinity are not part of any
draft or adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or
state habitat conservation plan. The project site is located in an area, which has been previously disturbed through the
construction of a parking structure and an office building, and is also within an urbanized area of El Segundo. No project
impact to any adopted habitat or conservation plans would occur. No impact would occur.
A significant impact may occur if a proposed project would be incompatible with adjacent sensitive land uses (i.e.,
residential). The proposed new office building would be compatible and integrate with the recently completed 898 North
Sepulveda Boulevard office building. Similar materials, finishes and landscaping will be used on the proposed project
site. This includes using similar aqua blue -green medium performance glass, metal accents in the canopy and the mullion
system, and similar colored concrete and limestone composite materials at the base of the building and in the lobby. In
addition, the proposed project would be consistent with surrounding commercial and office developments in the area. No
residential uses are located in the immediate vicinity of the proposed project site. No impact to sensitive land uses would
occur.
10. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would
X
be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally- important mineral resource
recovery site delineated on a local general plan, specific plan or other
X
land use plan?
A significant impact may occur if the proposed project used non - renewable resources in a wasteful and inefficient manner.
The proposed project represents an urban infill project, which would not result in the consumption of non - renewable
resources at a rate greater than any other urban development project in the City of El Segundo or the Southern California
region. The land upon which the proposed project would be developed is already in urban development and is designated
in the General Plan for development as proposed under the project. No impact would occur.
A significant impact may occur if the proposed project site is located in an area used or available for extraction of a
regionally- important mineral resource and the project converted an existing or potential future regionally - important mineral
extraction use to another use or if the project affected access to a site used or potentially available for regionally- important
mineral resource extraction. The General Plan designation for the project site does not identify the project site as a
potential location for future mineral resource recovery. The proposed project site has never been used for mineral
resource recovery. There would be no impact to the loss of availability of a known mineral resource.
11. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance, or
X
applicable standards of other agencies?
Fb) Exposure of persons to or generation of excessive groundborne
X
vibration or groundborne noise levels?
17 is 1
Issues and Supporting
Significan
Impact
c) A substantial permanent increase in ambient noise levels in the project X
vicinity above levels existing without the project?
d) A substantially temporary or periodic increase in ambient noise levels in X
the project vicinity above levels existing without the project?
e) For a project located within an airport land use plan, or, where such a
plan has not been adopted, within two miles of a public airport or public X
use airport, would the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive X
noise levels?
A noise impact analysis was conducted for the proposed project by Terry A. Hayes Associates (October 2000), which
examined the potential noise impacts of operational noise sources (stationary and mobile) for both scenarios on
surrounding noise sensitive receptor locations.
The basic unit of measurement for sound is the decibel (dB). To better account for human sensitivity to sound, decibels
are measured on the "A- weighted" scale, abbreviated dBA. On this scale, the range of human hearing extends from
approximately 3 to 140 dBA. The smallest perceptible sound level change is about 3 dBA, while a 10 dBA increase is
perceived by most people as a doubling of the sound level.
The proposed project site is located in an urban developed environment. The existing noise environment is characterized
by the mix of land uses within it, which includes commercial developments, residences and the Los Angeles International
Airport (LAX). The project site is outside the 65 dBA noise contour of LAX. The primary source of noise in the vicinity of
the project site is vehicular noise on Sepulveda Boulevard.
The criteria for determination of a significant noise impact are set forth in the City of El Segundo Noise Ordinances. A
project would normally have a significant operational noise impact if the project causes the ambient noise level measured
at the property line of affected uses to increase by 5 dBA in Community Equivalent Noise Level (CNEL) above the
accepted ambient noise level of 65 dBA CNEL. CNEL is a 24 -hour weighted noise measurement, in which noise during
evening and nighttime hours is given an increased weight to account for increased sensitivity to noise during those hours.
For the proposed project, the predominant noise source is anticipated to be additional vehicular traffic. The greatest
impacts would occur at sensitive receptors located on or near Sepulveda Boulevard. The two closest such receptors are:
(1) LAX Travelodge Hotel at 1804 East Sycamore Avenue, located approximately 175 feet southwest of the project site;
and (2) a residence located at 1754 East Sycamore Avenue, located approximately 300 feet southwest of the project site.
The resulting noise levels, with the addition of project - related traffic from either scenario, would increase by no more than
1 dBA, which would be imperceptible and less than the City Noise Ordinance standard of 5 dBA. Operational noise
impacts would be less than significant.
The noise study conducted for the proposed project examined the potential for severe noise levels to be generated during
project construction. Construction activities would require the use of numerous noise - generating types of equipment such
as jack hammers, pneumatic impact equipment, saws and tractors, which generate noise levels ranging on average from
78 to 89 dBA. To ascertain worst -case noise impacts at sensitive receptor locations, construction noise was modeled by
introducing the noise level associated with the finishing phase of a typical development project, generating a noise level of
89 dBA at a reference distance of 50 feet. Based on this analysis, construction activities would add less than 4 dBA to
ambient noise conditions at each sensitive receptor location. This increase would be less than the City significance
threshold of 5 dBA. Construction noise impacts would be less than significant.
The noise study also reviewed the potential impact of noise associated with Los Angeles International Airport on the
interior noise levels that would be experienced inside the office building. According to the study, an acceptable interior
6 El Segundo Municipal Code Section 9.06.040.
18 �-
Less than
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
Incorporated
c) A substantial permanent increase in ambient noise levels in the project X
vicinity above levels existing without the project?
d) A substantially temporary or periodic increase in ambient noise levels in X
the project vicinity above levels existing without the project?
e) For a project located within an airport land use plan, or, where such a
plan has not been adopted, within two miles of a public airport or public X
use airport, would the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive X
noise levels?
A noise impact analysis was conducted for the proposed project by Terry A. Hayes Associates (October 2000), which
examined the potential noise impacts of operational noise sources (stationary and mobile) for both scenarios on
surrounding noise sensitive receptor locations.
The basic unit of measurement for sound is the decibel (dB). To better account for human sensitivity to sound, decibels
are measured on the "A- weighted" scale, abbreviated dBA. On this scale, the range of human hearing extends from
approximately 3 to 140 dBA. The smallest perceptible sound level change is about 3 dBA, while a 10 dBA increase is
perceived by most people as a doubling of the sound level.
The proposed project site is located in an urban developed environment. The existing noise environment is characterized
by the mix of land uses within it, which includes commercial developments, residences and the Los Angeles International
Airport (LAX). The project site is outside the 65 dBA noise contour of LAX. The primary source of noise in the vicinity of
the project site is vehicular noise on Sepulveda Boulevard.
The criteria for determination of a significant noise impact are set forth in the City of El Segundo Noise Ordinances. A
project would normally have a significant operational noise impact if the project causes the ambient noise level measured
at the property line of affected uses to increase by 5 dBA in Community Equivalent Noise Level (CNEL) above the
accepted ambient noise level of 65 dBA CNEL. CNEL is a 24 -hour weighted noise measurement, in which noise during
evening and nighttime hours is given an increased weight to account for increased sensitivity to noise during those hours.
For the proposed project, the predominant noise source is anticipated to be additional vehicular traffic. The greatest
impacts would occur at sensitive receptors located on or near Sepulveda Boulevard. The two closest such receptors are:
(1) LAX Travelodge Hotel at 1804 East Sycamore Avenue, located approximately 175 feet southwest of the project site;
and (2) a residence located at 1754 East Sycamore Avenue, located approximately 300 feet southwest of the project site.
The resulting noise levels, with the addition of project - related traffic from either scenario, would increase by no more than
1 dBA, which would be imperceptible and less than the City Noise Ordinance standard of 5 dBA. Operational noise
impacts would be less than significant.
The noise study conducted for the proposed project examined the potential for severe noise levels to be generated during
project construction. Construction activities would require the use of numerous noise - generating types of equipment such
as jack hammers, pneumatic impact equipment, saws and tractors, which generate noise levels ranging on average from
78 to 89 dBA. To ascertain worst -case noise impacts at sensitive receptor locations, construction noise was modeled by
introducing the noise level associated with the finishing phase of a typical development project, generating a noise level of
89 dBA at a reference distance of 50 feet. Based on this analysis, construction activities would add less than 4 dBA to
ambient noise conditions at each sensitive receptor location. This increase would be less than the City significance
threshold of 5 dBA. Construction noise impacts would be less than significant.
The noise study also reviewed the potential impact of noise associated with Los Angeles International Airport on the
interior noise levels that would be experienced inside the office building. According to the study, an acceptable interior
6 El Segundo Municipal Code Section 9.06.040.
18 �-
Issues and Supporting Information
pp g
Potent -..y
Significant
Less than
Significant
Less Than
Significant
No Impact
Impact
With
Impact
Mitigation
example, through extension of roads or other infrastructure)?
Incorporated
b) Displace substantial numbers of existing housing, necessitating the
...UL— —L 4- ....4. ....A ...Ae. f...- — iM f —ilv rncirl —+ini
noise level for a office is approximately 4oabA, wnlcn Is conslslcrn wnn aiaLa aLa"UCH .+a IUJ I'lulll 'v.. —y iv --u—
Based on the proposed construction materials to be used in the offcie, the study concluded that the interior
development.
noise level would be approximately 30dBA. Based on this analysis, no impact would occur.
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for
X
example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the
X
construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction
X
of replacement housing elsewhere?
A significant impact may occur if the proposed project cumulatively exceeded the official regional or local population
projections. The City of El Segundo's General Plan Objective ED1 -1, Policy ED1 -1.1, to maintain economic development
as one of the City's and the business and residential communities' top priorities, would be implemented through the
development of the proposed project. The proposed office development would create jobs, expand business, and create
additional revenue for the City. The proposed project would not include residential development and would not include
permanent population growth in the City. Therefore, the proposed project would not exceed official regional or local
population projections. No impact would occur.
A significant impact may occur if a proposed project were to locate new development such as homes, businesses or
infrastructure, with the effect of substantially inducing growth that would otherwise not have occurred as rapidly or in as
great a magnitude. The proposed project is located in an urbanized area, with all major urban infrastructure systems
already in place. The project would fit into the existing pattern of development in this area of the City. Under this project,
the existing 12 -story, 140,000 square foot office building would be replaced with a 6 -story, 120,610 square foot office
building. Therefore, the proposed project would not induce substantial growth be developing a project in an undeveloped
area or extension of major infrastructure. No impact would occur.
A significant impact may occur if a proposed project would result in displacement of existing housing units, necessitating
construction of replacement housing elsewhere. The proposed project would involve the replacement of an existing 12-
story office building with a 6 -story, 120,610 square foot office building. The proposed project would not displace existing
housing, because no residential uses are presently associated with the proposed project site. No impact would occur.
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision
of new or physically altered government facilities, need for new or physically altered government facilities, the
construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
a) Fire protection?
X
b) Police protection?
X
c) Schools?
X
d) Parks?
X
e) Other public facilities?
X
A significant impact may occur if the City of El Segundo Fire Department (ESFD) could not adequately serve the proposed
project based upon response time, access or fire hydrant/water availability. The proposed project site is served by two
fire stations; the Headquarters Station, located at 314 Main Street and Station 2, located at 2161 East El Segundo
RnulPvard_ Headauarter Station has two engine companies and a rescue team. Station 2 has an engine company,
19 1
Issues and Supporting Information
Significant
Significant n
Less than
Significant
Less Than
Significant
No Impact
Murder
Impact
With
Impact
0
Rae
1
Mitigation
2
+100
Robbery
23
Incorporated
25
-3.8
rescue team, and a truck company. Existing staffing levels are not expected to be adversely impacted by the proposed
project.'
Adequate water is available to the site, as discussed below in Section 8. Furthermore, the minimum required fire flow has
been met. The Fire Department requires approximately 25 gallons per minute (gpm) or 20 pounds per square inch (psi).8
The Public Works Department has stated that the proposed project site has a water pressure of 90 -95 psi.
A significant impact may occur if a proposed project resulted in an increase in demand for police services that would
exceed the capacity of the police department responsible for serving the site. Police service for the proposed project site
is provided by the El Segundo Police Department (ESPD), which is located at 348 Main Street, in the City of El Segundo.9
Table 12 shows a three -year summary of crime statistics for the City of El Segundo. The proposed project would increase
on -site population, which could generate a demand for additional security. The extent of additional protection needed
would vary in accordance with the type of use and expected number of visitors and employees on -site. However, ESPD
has indicated the existing staffing and equipment levels are adequate to accommodate the proposed project.10 Therefore,
the proposed project would have less than significant impacts on police service.
Table 12
Crime Comparison for the City of El Segundo
:.
'Email, Robert Nolan, October 6, 2000.
s Ibid
9 El Segundo Polic7e Department, Laurie Risk, correspondence, October 16, 2000.
10 Ibid.
20
1997....
4 ,Q
Murder
0
0
0
0
Rae
1
1
2
+100
Robbery
23
26
25
-3.8
Assaults
27
33
8
-75.7
Residential
Burglary
48
35
29
-17.1
Commercial
Burglary
90
89
75
-15.7
Auto
Burglary
303
192
203
+5.7
.Theft
289
335
287
-14.3
Auto Theft
116
147
120
-18.3
Total
897
858
749
-12.7
City of El Segundo Police Department
'Email, Robert Nolan, October 6, 2000.
s Ibid
9 El Segundo Polic7e Department, Laurie Risk, correspondence, October 16, 2000.
10 Ibid.
20
r
Issues and Supporting Information
Pignifi an
Significant
Less than
Significant
Less Than
Significant
No Impact
project would not result in an increase in permanent population, which could impact public schools administered by the El
Impact
with
Impact
generate a demand for new or altered government service. The proposed project involves the demolition of an existing
140,000 square foot 12 -story office building and construction of a 120,610 square foot 6 -story office building; no
residential development is proposed as a part of the proposed project. The proposed project therefore would not increase
Mitigation
created by the proposed project there would not be a significant increase in the demand for public facilities, including
roads. No impact would occur.
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate a demand for other public facilities (such as libraries), which exceeds the capacity available to serve the project
Incorporated
construction of a 120,610 square foot 6 -story office building; no residential development is proposed as a part of the
proposed project. The proposed project therefore would not increase permanent residential population within the City of
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate demand for school facilities that exceeds the capacity of the school district(s) responsible for serving the project
site. The proposed project involves the demolition of an existing 140,000 square foot 12 -story office building and
development of an approximately 120,610 square foot 6 -story office building. The City of El Segundo General Plan
describes the City as an employment -led community. In addition, as no residential units are proposed, the proposed
project would not result in an increase in permanent population, which could impact public schools administered by the El
Segundo Unified School District. Therefore, the proposed project would not result in a significant indirect increase in
permanent residential population, which could affect local schools. No impact on schools would occur.
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate a demand for new or altered government service. The proposed project involves the demolition of an existing
140,000 square foot 12 -story office building and construction of a 120,610 square foot 6 -story office building; no
residential development is proposed as a part of the proposed project. The proposed project therefore would not increase
permanent residential population within the City of El Segundo. With no increase of permanent residential population
created by the proposed project there would not be a significant increase in the demand for public facilities, including
roads. No impact would occur.
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate a demand for other public facilities (such as libraries), which exceeds the capacity available to serve the project
site. As detailed above, the project involves the demolition of an existing 140,000 square foot 12 -story office building and
construction of a 120,610 square foot 6 -story office building; no residential development is proposed as a part of the
proposed project. The proposed project therefore would not increase permanent residential population within the City of
El Segundo. With no increase of permanent residential population created by the proposed project there would not be a
significant increase in the demand for government services. No impact would occur
While significant impacts are not anticipated, the mitigation measures below restate project design features and City
requirements, which would assure less than significant project impacts.
MM -12 The project applicant shall install automatic fire sprinklers.
MM -13 The project applicant shall install full Safety Alarm Systems.
MM -14 The project applicant shall provide for review of site plans by the El Segundo Fire Department for
placement of on -site fire hydrants and fire access lanes.
14. RECREATION.
a) Would the project increase the use of existing neighborhood or regional
parks or other recreational facilities such that substantial physical
X
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might have an
X
adverse physical effect on the environment?
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate demands for public park facilities that exceed the capacity of existing parks, and causes premature deterioration
of the park facilities. The proposed project involves the demolition of an existing 140,000 square foot 12 -story office
building and construction of a 120,610 square foot 6 -story office building. No residential development is proposed as a
part of the proposed project. The proposed project therefore would not increase permanent residential population within
the City of El Segundo. Maintenance of public parks and public recreational facilities in El Segundo are funded largely
through the City general fund. As demand for park services by the proposed project is considered to have no impact,
impacts on maintenance of those facilities would likewise not be significant. The project would not increase the demand
for neighborhood or regional parks or other recreational facilities. No impact would occur.
21
Potenu-iy
Issues and Supporting Information Significant
Impact
A significant impact may occur if a project includes the construction or expansion of park facilities and such construction
Less than
Less Than
No Impact
a) Cause an increase in the traffic which is substantial in relation to the
Significant
Significant
With
Impact
X
Mitigation
substantial increase in either the number of vehicle trips, the volume to
Incorporated
capacity ratio on roads, or congestion at intersections)?
A significant impact may occur if a project includes the construction or expansion of park facilities and such construction
would have a significant adverse effect on the environment. The proposed project involved the construction of a
commercial project and not the construction of parks. No impact would occur on existing recreational opportunities.
15. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in the traffic which is substantial in relation to the
existing traffic load and capacity of the street system (i.e., result in a
X
substantial increase in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for
X
designated roads or highways?
c) Result in a change in air traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety
X
risks?
d) Substantially increase hazards to a design feature (e.g., sharp curves or
X
dangerous intersections) or incompatible uses (e.g. farm equipment)?
e) Result in inadequate emergency access?
X
f) Result in inadequate parking capacity?
X
g) Conflict with adopted policies or programs supporting alternative
X
transportation (e.g., bus turnouts, bicycle racks)?
A significant impact related to traffic, conditions would occur if a proposed project generated traffic that exceeded the
significance threshold of the jurisdiction in which a potentially affected intersection were located. A traffic study was
conducted by RKJK & Associates for the proposed project which examined the potential traffic impacts at 5 intersections:
• Sepulveda Boulevard Boulevard /Imperial Highway
Sepulveda Boulevard Boulevard /Maple Avenue
Sepulveda Boulevard Boulevard /Mariposa Avenue
• Sepulveda Boulevard Boulevard /Grand Avenue
• Sepulveda Boulevard Boulevard/El Segundo Boulevard
The traffic study estimated the traffic, which would be generated by the proposed project and added that traffic to the
projected future traffic volumes at these five intersections. Future traffic volumes at these intersections included existing
traffic volumes determined by traffic counts, future traffic generated by development projects expected to occur in the City,
which could contribute traffic at these intersections and a background growth factor of 2% per year. Future intersection
conditions were determined using the Intersection Capacity Utilization (ICU) methodology utilized by the City of El
Segundo. Intersection operations are characterized by Level of Service (LOS), which indicates the projected traffic
volumes as compared to the theoretical capacity of the intersection. LOS varies from LOS A (free flow) to LOS F
(congested operation). Currently, the five study intersections operate at acceptable LOS D or better, with the exception
of:
Sepulveda Boulevard Boulevard /Imperial Highway— LOSE in the AM peak hour; LOS Fin the PM peak hour
Sepulveda Boulevard Boulevard /Grand Avenue — LOS E in the PM peak hour
ulveda Boulevard Boulevard/El Segundo Boulevard — LOS E in the AM and PM peak hours
22
.L u0
Issues and Supporting
ru Lcn o.__ y
Significant
Impact
The traffic study projected the future conditions at the 5 study intersections without implementation of the proposed project
by estimating the traffic which would be generated by other development projects, along with growth in background traffic
volumes, and.adding these volumes to existing traffic volumes. The traffic study determined that 8 other development
projects in the City of El Segundo could produce additional traffic at the study area intersections. In addition, to account
for ambient traffic growth on study area roadways, future traffic volumes were increased by an annual growth rate of
2.0 %, which was obtained from the City of El Segundo and is consistent with the observed overall traffic volume growth in
this area of the City. With the addition of traffic from other development projects and ambient growth, the LOS at
Sepulveda Boulevard Boulevard /Grand Avenue would decline from LOS D to LOS E in the AM peak hour, and from LOS
E to LOS F in the PM Peak hour. The intersection of Sepulveda Boulevard Boulevard/El Segundo Boulevard would
decline from LOS E to LOS F in the AM Peak hour, while continuing to operate at LOS E during the PM peak hour.
Sepulveda Boulevard Boulevard /Imperial Highway would continue to operate at LOS E in the AM peak hour and LOS F in
the PM peak hour. All other intersections would operate at LOS D or better during the AM and PM peak hours.
The City of El Segundo has established a significance threshold for traffic impacts within the City that identifies a
significant impact whenever either of the following occurs: (1) a project causes an intersection to decline from LOS D or
better to LOS E or worse; or (2) a project contributes traffic that causes the volume /capacity (V /C) ratio at an intersection
that is forecast to operate at LOS E or LOS F to increase by 0.02 or more. If either of these two thresholds is exceeded,
the impact is considered significant.
With the addition of project traffic at the two intersections that are forecast to operate at LOS D or better (Sepulveda
Boulevard /Mariposa Avenue and Sepulveda Boulevard /Maple Avenue), these intersections would continue to operate a
LOS D or better. Therefore the proposed project would not cause these intersections to decline from LOS D or better to
LOS E or worse. Project impacts at Sepulveda Boulevard /Mariposa Avenue and Sepulveda Boulevard /Maple Avenue
would be less than significant.
The remaining three study intersections are forecast to operate at LOS E or F. The addition of project traffic at Sepulveda
Boulevard /Grand Avenue would result in an increase of 0.007 in the V/C ratio during the AM peak hour, and an increase
of 0.006 during the PM peak hour. The addition of project traffic at Sepulveda Boulevard/El Segundo Boulevard would
result in an increase of 0.005 in the V/C ratio during the AM peak hour, and an increase of 0.004 during the PM peak
hour. The addition of project traffic at Sepulveda Boulevard /Imperial Boulevard would result in an increase of 0.006 in the
V/C ratio during the AM peak hour, and an increase of 0.015 during the PM peak hour. All projected V/C increases would
be below the 0.02 threshold and would be less than significant. Traffic impacts of the proposed office development would
be less than significant.
A project - related significant adverse effect could occur if inadequate parking areas were provided during construction or
operation of the proposed project such that employee and visitor parking would spill over into adjacent areas. During
construction, parking demand would increase because of the need to accommodate construction equipment and worker
vehicles. This parking would be provided within the project site and would be sufficient to accommodate demand. During
operation of the proposed project, parking would be provided in the adjacent parking structure located at 892 North
Sepulveda Boulevard. This structure, which contains 817 parking spaces, is sufficiently sized to accommodate the
parking required for the proposed project under City code (331 spaces) and the parking required for the adjacent 898
North Sepulveda Boulevard building (245 spaces), without resulting in spillover into surrounding areas. In addition, 18
surface parking spaces would be provided within the 888 North Sepulveda Boulevard site, for a total of 835 spaces
provided. No impacts related to parking would occur.
A project - related significant adverse effect could occur if project design did not allow for emergency access meeting the
requirements of the Fire Department such that an existing hazard to the project and adjacent uses would be exacerbated.
Access to the project site would be provided from Walnut Avenue and Sepulveda Boulevard, which would be consistent
with Fire Department requirements for two separated access points to the site. The Fire Department would approve
access locations through site plan review. No impacts related to emergency access would occur.
A project - related significant adverse effect could occur if the project included new roadway design or introduced a new
land use into an area with specific transportation requirements and characteristics, which had not been previously
experienced in that area. The proposed project does not include any new roadways. The proposed project would also
23 iU.')
Less than '
Less Than
No Impact
Significant
Significant
With
Impact
Mitigation
Incorporated
The traffic study projected the future conditions at the 5 study intersections without implementation of the proposed project
by estimating the traffic which would be generated by other development projects, along with growth in background traffic
volumes, and.adding these volumes to existing traffic volumes. The traffic study determined that 8 other development
projects in the City of El Segundo could produce additional traffic at the study area intersections. In addition, to account
for ambient traffic growth on study area roadways, future traffic volumes were increased by an annual growth rate of
2.0 %, which was obtained from the City of El Segundo and is consistent with the observed overall traffic volume growth in
this area of the City. With the addition of traffic from other development projects and ambient growth, the LOS at
Sepulveda Boulevard Boulevard /Grand Avenue would decline from LOS D to LOS E in the AM peak hour, and from LOS
E to LOS F in the PM Peak hour. The intersection of Sepulveda Boulevard Boulevard/El Segundo Boulevard would
decline from LOS E to LOS F in the AM Peak hour, while continuing to operate at LOS E during the PM peak hour.
Sepulveda Boulevard Boulevard /Imperial Highway would continue to operate at LOS E in the AM peak hour and LOS F in
the PM peak hour. All other intersections would operate at LOS D or better during the AM and PM peak hours.
The City of El Segundo has established a significance threshold for traffic impacts within the City that identifies a
significant impact whenever either of the following occurs: (1) a project causes an intersection to decline from LOS D or
better to LOS E or worse; or (2) a project contributes traffic that causes the volume /capacity (V /C) ratio at an intersection
that is forecast to operate at LOS E or LOS F to increase by 0.02 or more. If either of these two thresholds is exceeded,
the impact is considered significant.
With the addition of project traffic at the two intersections that are forecast to operate at LOS D or better (Sepulveda
Boulevard /Mariposa Avenue and Sepulveda Boulevard /Maple Avenue), these intersections would continue to operate a
LOS D or better. Therefore the proposed project would not cause these intersections to decline from LOS D or better to
LOS E or worse. Project impacts at Sepulveda Boulevard /Mariposa Avenue and Sepulveda Boulevard /Maple Avenue
would be less than significant.
The remaining three study intersections are forecast to operate at LOS E or F. The addition of project traffic at Sepulveda
Boulevard /Grand Avenue would result in an increase of 0.007 in the V/C ratio during the AM peak hour, and an increase
of 0.006 during the PM peak hour. The addition of project traffic at Sepulveda Boulevard/El Segundo Boulevard would
result in an increase of 0.005 in the V/C ratio during the AM peak hour, and an increase of 0.004 during the PM peak
hour. The addition of project traffic at Sepulveda Boulevard /Imperial Boulevard would result in an increase of 0.006 in the
V/C ratio during the AM peak hour, and an increase of 0.015 during the PM peak hour. All projected V/C increases would
be below the 0.02 threshold and would be less than significant. Traffic impacts of the proposed office development would
be less than significant.
A project - related significant adverse effect could occur if inadequate parking areas were provided during construction or
operation of the proposed project such that employee and visitor parking would spill over into adjacent areas. During
construction, parking demand would increase because of the need to accommodate construction equipment and worker
vehicles. This parking would be provided within the project site and would be sufficient to accommodate demand. During
operation of the proposed project, parking would be provided in the adjacent parking structure located at 892 North
Sepulveda Boulevard. This structure, which contains 817 parking spaces, is sufficiently sized to accommodate the
parking required for the proposed project under City code (331 spaces) and the parking required for the adjacent 898
North Sepulveda Boulevard building (245 spaces), without resulting in spillover into surrounding areas. In addition, 18
surface parking spaces would be provided within the 888 North Sepulveda Boulevard site, for a total of 835 spaces
provided. No impacts related to parking would occur.
A project - related significant adverse effect could occur if project design did not allow for emergency access meeting the
requirements of the Fire Department such that an existing hazard to the project and adjacent uses would be exacerbated.
Access to the project site would be provided from Walnut Avenue and Sepulveda Boulevard, which would be consistent
with Fire Department requirements for two separated access points to the site. The Fire Department would approve
access locations through site plan review. No impacts related to emergency access would occur.
A project - related significant adverse effect could occur if the project included new roadway design or introduced a new
land use into an area with specific transportation requirements and characteristics, which had not been previously
experienced in that area. The proposed project does not include any new roadways. The proposed project would also
23 iU.')
Issues and Supporting
roLar.., .:y
Significant
Impact
include office and parking land uses, which are consistent with the urban development already existing in this area of the
City of El Segundo. Automobile and truck traffic associated with these uses would be consistent with existing traffic
patterns. No impact would occur.
A project - related significant adverse effect could occur if the project were to increase traffic hazards in such a manner as
to pose safety hazards or otherwise preclude pedestrian and bicycle movements. As noted above, the proposed project
would increase traffic at certain intersections within the City of El Segundo. However, these intersections are currently
signalized and provide crosswalks and pedestrian crossing signals to ensure pedestrian safety. The proposed project
would not impact these signals and would thus not impact pedestrian safety. The proposed project would not significantly
impact any of the study intersections and thus the proposed project would not preclude the use of the roadway system by
bicycles. Impacts to pedestrian and bicycle movements under the proposed project would be less than significant.
A project - related significant adverse effect could occur if the project would involve modification of existing alternative
transportation facilities located on- or off -site. No off -site construction would be associated with the proposed project. On-
site construction would occur in areas that do not include any existing alternative transportation facilities. No impacts
related to alternative transportation facilities would occur.
A project - related significant adverse effect could occur if the project included rail, port or airport facilities, or had the
potential to impact such facilities. The proposed project is a commercial development that does not include any rail, port
or airport facilities. The only such facilities located in the vicinity of the project site are the former Burlington Northern
Santa Fe railroad right -of -way adjacent to the project site and Los Angeles International Airport (LAX) to the north. The
proposed project would not include any development that would infringe upon or otherwise impact the railroad right -of-
way. The proposed project is sufficiently distant from LAX that it would not impact operations at that facility. No impacts
would occur.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects?
Less than
Less Than
No Impact
X
X
Significant
Significant
With
Impact
Mitigation
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded
Incorporated
X
include office and parking land uses, which are consistent with the urban development already existing in this area of the
City of El Segundo. Automobile and truck traffic associated with these uses would be consistent with existing traffic
patterns. No impact would occur.
A project - related significant adverse effect could occur if the project were to increase traffic hazards in such a manner as
to pose safety hazards or otherwise preclude pedestrian and bicycle movements. As noted above, the proposed project
would increase traffic at certain intersections within the City of El Segundo. However, these intersections are currently
signalized and provide crosswalks and pedestrian crossing signals to ensure pedestrian safety. The proposed project
would not impact these signals and would thus not impact pedestrian safety. The proposed project would not significantly
impact any of the study intersections and thus the proposed project would not preclude the use of the roadway system by
bicycles. Impacts to pedestrian and bicycle movements under the proposed project would be less than significant.
A project - related significant adverse effect could occur if the project would involve modification of existing alternative
transportation facilities located on- or off -site. No off -site construction would be associated with the proposed project. On-
site construction would occur in areas that do not include any existing alternative transportation facilities. No impacts
related to alternative transportation facilities would occur.
A project - related significant adverse effect could occur if the project included rail, port or airport facilities, or had the
potential to impact such facilities. The proposed project is a commercial development that does not include any rail, port
or airport facilities. The only such facilities located in the vicinity of the project site are the former Burlington Northern
Santa Fe railroad right -of -way adjacent to the project site and Los Angeles International Airport (LAX) to the north. The
proposed project would not include any development that would infringe upon or otherwise impact the railroad right -of-
way. The proposed project is sufficiently distant from LAX that it would not impact operations at that facility. No impacts
would occur.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects?
X
X
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects?
X
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded
X
entitlements needed?
X
e) Result in a determination by the wastewater treatment provider which
services or may serve the project determined that it has adequate
capacity to serve the project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
X
X
g) Comply with federal, state, and local statues and regulations related to
solid waste?
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate a demand for new systems or substantial alterations to power or natural gas. The Southern California Gas
Company (TGC) provides natural gas to the City of El Segundo, including the proposed project site. The proposed project
site is located in TGC's Pacific Region, which includes all coastal areas between Long Beach and Ventura.
The availability of natural gas is based upon present conditions of gas supply and regulatory policies. As a public utility,
TGC is under the jurisdiction of the California Public Utilities Commission, but can also be affected by actions of federal
24 j J
r
f
Issues and Supporting Information
Potent=- , -y
Less than
Less Than
No Impact
Significant
Significant
Significant
Impact
With
Impact
Mitigation
Incorporated
regulatory agencies. Should these agencies take any action which affects gas supply or the conditions under which
service is available, gas service would be provided in accordance with those revised conditions. No impact would occur.
A significant impact may occur if a proposed project includes substantial employment or population growth, which could
generate a demand for new systems or supplies, or substantial alterations to communications systems. Pacific Bell
provides local telephone service in the City of El Segundo. Telephone service, including FasTrak Digital Subscriber Line
(DSL), is provided to the proposed project area primarily through overhead cables. DSL allows for high -speed data
transport over existing twisted copper telephone wires." Pacific Bell regularly upgrades its system as demands for
service increase. There would be no need for new systems, new supplies, or substantial alterations to the existing
communications systems. No impact to communications systems would occur.
A significant impact may occur if a proposed project would increase water consumption or wastewater generation to such
a degree that the capacity of facilities currently serving the project site would be exceeded. The City of El Segundo
supplies water to proposed project site, from groundwater wells located within the Los Angeles Basin, which is blended
with water purchased from the Metropolitan Water District (MWD). There is a 10 -inch main on the east side of Sepulveda
Boulevard and a 10 -inch main on the north side of Walnut Avenue. These lines are both capable of handling the increase
in water consumption generated by the proposed project. 12 Water supplies for the Los Angeles Region are considered
ample enough to serve existing and planned development in the area, including the proposed project. The increase of
water consumption generated by the proposed project would not require or result in the construction of new water
treatment facilities or expansion of existing facilities. No impact to water treatment facilities would occur.
The City of El Segundo Public Works Department also provides wastewater service to the project area. The increase in
wastewater would be treated at the Los Angeles County Sanitation Districts Joint Water Pollution Control Plant ( JWPCP).
The JWPCP has a design capacity of 385 million gallons per day (mgd) and currently processes an average flow of 328.8
mgd. There is a 12 -inch wastewater main on the west side of North Sepulveda Boulevard and an 8 -inch main running
along the backside of the property from East Walnut Avenue to East Maple Avenue. According to the Public Works
Department both wastewater mains have sufficient capacity remaining to handle the increase generated by the proposed
project. 13 The increase in wastewater generation by the proposed project can be served by existing treatment facilities
and would not result in the construction of substantial new or expanded wastewater treatment facilities. No impact to
wastewater treatment facilities would occur.
A significant impact may occur if a proposed project would increase wastewater generation to result in a need for new
systems or supplies, or substantial alterations to sewer or septic tanks. This question would apply to the proposed project
only if it were located in an area not served by an existing sewer system. The proposed project site is located in a
developed area of the City of El Segundo, which is served, by a wastewater collection, conveyance and treatment system
operated by the City with adequate capacity to serve the project. No septic tanks or alternative disposal systems are
necessary, nor are they proposed. No impact to sewer or septic tanks would occur.
A significant impact may occur if the volume of storm water runoff increases to a level exceeding the capacity of the storm
drain system serving the proposed project site. Runoff from the proposed project would be collected on the site and
directed towards existing storm drains in the project vicinity. Runoff would be reduced under the proposed project, which
would increase the amount of permeable surface within the project site, through increased landscaping. Because the
amount of storm water runoff to the storm drain system would decrease, no impacts to the storm drain system would
occur.
No deficiencies in affected infrastructure exist now, nor are any anticipated with implementation of the proposed project.
No substantive changes to storm drain facilities would be required as a result of the proposed project. No significant
impact would occur.
11 Pacific Bell, DSL -About DSL, www.pacbell.com/ Fags /F`ags_detail /0, 1931,11,00.html
12 Source: Department of Public Works, phone call, Bob Green, Water Supervisor, October 4, 2000.
13 Source: Department of Public Works, phone call, Gary Morse, Wastewater Supervisor, October 4, 2000.
.A. %.0 ��
25
Issues and Supporting Information
Potenv. - ,
Less than
Less Than
No Impact
Significant
Significant
Significant
Impact
With
Impact
levels, threaten to eliminate a plant or animal community, reduce the
Mitigation
X
number or restrict the range of a rare or endangered plant or animal, or
Incorporated
A significant impact may occur if a proposed project were to increase solid waste generation to a degree that existing and
projected landfill capacity would be insufficient to accommodate the additional solid waste. Solid waste generated in the
project area is typically disposed at the Puente Hills Landfill, in Whittier and the Nu -Way Live Oak Landfill, in Irwindale;
however, other landfills serving commercial properties located within the City are also available for solid waste disposal.
Facility expansions and new landfills are being sought as existing facility capacity diminishes. Also, mandatory City waste
reduction and recycling programs, such as the Source Reduction and Recycling Program (in compliance with the
September 1989 California Integrated Solid Waste Management Act, SIB 939) are greatly reducing the amount of waste
that would otherwise have entered area landfills.
A significant impact may occur if a proposed project were to increase water consumption to such a degree that new water
sources would need to be identified, or that existing resources would be consumed at a pace greater than planned for by
purveyors, distributors and service providers. The Department of Public Works is anticipated to be able to meet the water
demand for the proposed project, as described in Section 8, above. No impact to water service would occur.
With implementation of City waste reduction measures and the project mitigation measures below, no significant impact
would occur.
MM -15 A recycling program shall be instituted for the project to the satisfaction of the Director of Community,
Economic and Development Services to reduce the volume of solid waste going to landfills.
MM -16 Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass and
other recyclable material.
17. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self- sustaining
levels, threaten to eliminate a plant or animal community, reduce the
X
number or restrict the range of a rare or endangered plant or animal, or
eliminate important examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ( "Cumulatively considerable" means that
the incremental effects of a project are considerable when viewed in
X
connection with the effects of the past projects, the effects of other
current projects, and the effects of probable future projects)?
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
X
indirectly?
A significant impact may occur only if a project would have an identified potentially significant impact for any of the above
issues, as discussed in the preceding sections. The proposed project is located in a densely populated urban area. The
proposed project would have no unmitigated significant impacts with respect to biological resources and less than
significant cultural resource impacts provided the mitigation measures listed above are implemented. The proposed
project would not degrade the quality of the environment, reduce or threaten any fish or wildlife species (endangered or
otherwise), or eliminate important examples of the major periods of California history or pre- history.
A significant impact would occur only if a proposed project were to result in short -term environmental effects that would
substantially affect or preclude the ability of a jurisdiction to achieve long -term environmental goals. The proposed project
does not include any significant short -term environmental effects that cannot be mitigated and therefore would not impact
to achievement of long -term environmental goals. No impact would occur.
26 JL :J 1
Supporting Informa&,tt
Posen :Y
Less than
Less Than
No Impact
Issues and
Significant
Significant
Significant
Impact
With
Impact
Mitigation
Incorporated
A significant impact may occur if a project, in conjunction with other related projects in the area of the project site, would
result in impacts which are less than significant when viewed separately, but would be significant when viewed together.
Although there are other past, current and probable future projects in the area surrounding the project site, the project's
contribution to cumulative traffic, air quality, and other impact areas would be de minimis (i.e., environmental conditions
would essentially be the same whether or not the proposed project is implemented).
A significant impact may occur if a project has the potential to result in significant impacts, as discussed in the preceding
sections. As noted in the evaluations above, the proposed project would not result in any unmitigated significant impacts.
Thus, the proposed project would not have the potential to result in substantial adverse effects on human beings,
27
Draft Mitigation Measures
Air Quality
MM -1 The applicant shall implement Transportation Demand Management (TDM) programs and adopt Transportation
System Management (TSM) plans and provide incentives for the provision of transit support facilities in
accordance with SCAQMD and City regulations.
Cultural Resources
MM -2 In the event that paleontological or archaeological resources are encountered during the course of grading, all
development must cease in these areas until the paleontological or archaeological resources are properly
assessed and subsequent recommendations are determined by a qualified paleontologist or archaeological.
Geology and Soils
MM -3 The development shall conform to the California Building Code.
Hazards and Hazardous Materials
MM -4 All identified ACM shall be removed in accordance with all federal, state, SCAQMD and local regulations by an
asbestos abatement contractor who is certified by and registered CAL /OSHA for removal of asbestos. If any
suspect asbestos containing materials not previously identified are encountered during demolition, these
materials would be required to be sampled by a qualified person and analyzed by an accredited laboratory. If
these materials are confirmed as ACMs, they shall be removed and disposed of in accordance with applicable
regulations.
MM -5 All debris shall be cleared, including waste oil and waste oil impacted materials, from the southeastern corner of
the proposed project site. All removed material shall be handled and disposed of in accordance with applicable
regulations.
MM -6 Prior to issuance of a demolition permit, the applicant shall submit a demolition safety plan for review and
approval by the Department of Community, Economic and Development Services which demonstrates that the
chosen method of demolition will be in accordance with all applicable federal, state, and local regulations.
Hvdrologv_and Water Qualit
MM -7 The project applicant shall ensure that an effective erosion control program is in place throughout the demolition
and site preparation phases of the project.
MM -8 The project applicant shall provide perimeter retainage around the site to minimize sediment runoff to the storm
drain system.
MM -9 The project applicant shall install fossil filters pr other fuel /oil separators at all parking structure storm drain
collectors.
MM -10 Landscape design shall maximize rainwater detention in landscaped areas.
MM -11 The project applicant shall incorporate all applicable design measures set forth in the Standard Urban Storm
Water Mitigation Plan for Los Angeles County and Cities in Los Angeles County.
28 ,J�
ff
l
Public Services
MM -12 The project applicant shall install automatic fire sprinklers.
MM -13 The project applicant shall install full Safety Alarm Systems.
MM -14 The project applicant shall provide for review of site plans by the El Segundo Fire Department for placement of
on -site fire hydrants and fire access lanes.
Utilities and Service Systems
MM -15 A recycling program shall be instituted for the project to the satisfaction of the Director of Community, Economic
and Development Services to reduce the volume of solid waste going to landfills.
MM -16 Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass and other
recyclable material.
PAPlanning & Building Safety\PROJ ECTS\526-550\EA-535\EA-535. Initial Study.rev.doc
1 � 1
29
0 ,.r 2011
PLANNING DIVISION
City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310)524 -2344; FAX: (310) 322 -4167
www.elsegundo.or_q
ENVIRONMENTAL ASSESSMENT APPLICATION
Environmental Assessment No: 9 l 1
Date: 2/82011
A. GENERAL INFORMATION
1. Aupicant
(print Name or type) Mone, Fix
• I NDO\jr-- :. , I A .. . . a. ,.
Address Ema
Check One: Owner L4 Lessee
r •rt! •
8°tb SEPJL.YF AS4,0&jk:ral.U.L
m
�p type > v¢�
N e r or a c o Owl c //��
Address
I rv's v, p—, . ('2A
City /St/zip
10
Agent []
3. Representative of applicant: (i.e., attorney, expeditor, etc.)
TA �'y
Name (print or type)
1301 roy —Z, Su IT V-- BCoD
Ad ress
city/St/Zip
4. Architect/Engineer
no L
Nam (print or ty e)
Oo
Ac dress
1 w%Ano GA CMQ12-
City /saip
� V � I I •may r •
Signature
A-*5 - at 1 cl-5 E,
Phone Fax
r browv I W - oG
Email
Signature
5. Property situated at: A�eL � Rr-c J 1 n 4439 - D0s• o'er
Assessor's Block & Lot No:
(Exact legal description. Provide attachment, if necessary).
6. General Location: jj
Address between Street and
Street
7. Proposed Use of Site:
8. El Segundo Municipal Code Section(s)Relating to Request:
(The El Segundo Municipal Code is available for review in the Planning Division or online at www.elseguno.org).
B. PROJECT DESCRIPTION: Use additional sheets as necessary and key response to the
corresponding question.
1. Site size: 2-S5
III o5a s;r
2. Total square footage of building(s) or structure(s): Nyc I_ P(3ePe EC E�LD f.� g F$�� S NAT
3. Number of floors of construction
4. Building height:
Ili
5. Floor Area Ratio:
1�1�,
6. Total percentage of lot covered by
structures:
7. Proposed construction scheduling
(number of phases and time frames): vQro l f w+ov►� �4er
1 (2110k 'f_ 0-9'-'30r
8. Associated projects and relationship to larger project or series of projects:
9. If residential, include: type (single - family, multiple - family (apartment or
condominium) -- h q
the number of units --
the size of units --
the number of bedrooms per unit --
10. If commercial, indicate: type (general and /or professional office, medical
office, retail sales, retail service, etc.) --
Oir
7,J c
whether neighborhood, city, or regionally oriented --
square footage of building area
nature of loading facilities provided --
a woor.d `eQek
days/hours of operation --
2
11. If industrial, indicate: type (heavy manufacturing, light manufacturing,
research and development, warehousing and
n
distribution, storage or mini - storage, etc.) --
estimated employment per shift and number of shifts
nature of loading facilities- -
days/hours of operation
12. If institutional, indicate: major function --
h a
estimated employment per shift and number of shifts
estimated occupancy --
nature of loading facilities provided --
days /hours of operation --
community benefit to be derived from the project--
♦
3
1,97
13. Indicate if project requires: Conditional Use Permit- -
Rezoning application (Zone Change) --
Zone Text Amendment—
Development Agreement—
other application (indicate application type(s)) --
14. Existing land uses of the subject site and surrounding properties:
15. Physical Site:
Will the project modify existing natural features? � 0
Estimated cubic yards of grading involved in the project: Cut= q,0000-11 Fill= Ok.000-cj O 00— 1 _
16. Will any permits (including a Hazardous Materials Business Plan) be required from agencies other
than the City? (please explain) � 0
17. Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances,
flammables or explosives? (please explain) N o
if yes to either 16 or 17 please describe in detail on a separate sheet.
18. Other public agencies whose approval is required: (e.g., permits, financing, approval or participation
agreement, etc.) N a
C. ENVIRONMENTAL SETTING
Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach and label photographs of the site and
surrounding area.
0
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
development (height, frontage, setback, rear yard, etc.). Attach and label photographs of the site
and surrounding area.
1.98
D. AFFIDAVITS
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We O`?�' SeizLleoL ikk , U--'- being duly sworn depose and say that I /we
the OWNER of the property involved in this application and that 1 /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
Hereto are in all respects true and correct to the best of my /our knowledge and belief.
Signature Date
STATE OF CALIFORNIA, )
County of tes*naeles )ss.
On his day of , before me, the undersigned Notary Public
in and for said County and State, personal) red _
Known to me to be the person who§qoa4wMe subscribe to the within
Instrument, and acknowled me that he /om executed the same.
WITNESS myhaAd- and official seal.
Scr A—I A«+c.D 4W-"w4A9Ei+VA1-
Notary Public in and for said County and State
19,9
6
r
Date:
898 SEPULVEDA ASSOCIATES, LLC,
a Delaware limited liability company
By: TC Sepulveda, Inc.
a Delaware corporation,
its sole member
By:
Name: atthe J. i els III
Position: Executive ice President
200
ACKNOWLEDGMENT
State of California
County of _ Orange )
On GVJ • S 2011 before me, R. Flandez, Notary Public
(insert name and title of the officer)
personally appeared ► A40 S . , 1V[- ,
who proved to me on the basis of satisfactory evidence to be the pers onw whose name(4Ware
subscribed to the within instrument and acknowledged to m e that he /sbeA+" executed the same in
his /he4tl+eir authorized capacity(ies), and that by his /her4reir signature(•s)•on the instrument the
person(W, or the entity upon behalf of which the pers on(s )-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 hand and offic' R, FLANDEZ
Commission # 1916162
Notary Public - California
Orange County
Signature ( Seal ) M Comm. Ex Irea Jan 6, 2015
''
201
AGENT AUTHORIZATION
I hereby authorize 04411- C 44444,e- (74 14s.C.4%0Ito 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.
Ow ig ature Date
AGENT AFFIDAVIT
I, Wed CA. —I r-f7 the undersigned, depose and say that (I am/
We-are"he AGENT(ej of the property involved in this application and that I(VVufiave 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 all respects true and correct to the best of my /our knowledge and belief.
Applicant's Signature
G
Os /Oq /2011
Date
2 02
R[E %c � W ' DD EJ 0 , , 2011
PLANNING DIVISION
City of El Segundo
Planning and Building Safety Dept.
350 Main Street
El Segundo, CA 90245
(310)524- 2344; FAX (310)322 -4167
www- elseaundo.oro
APPLICATION FOR A DEVELOPMENT AGREEMENT
Environmental Assessment No: % i / Development Agreement No: l I - 0 1
Applicant:
T A Associates Realty, c /o: Cliff Chandler
Name (Print or Type)
1301 Dove Street, Suite 860
Address
Newport Beach, California 92660
City /St/zip
Date: 2/11/2011
(949) 852 -2030 (949) 852 -2031
Phone Fax
chandler(a)tarealty.com
Email
Signature
Check One: Owner ■ Lessee ❑ Agent ❑
Property Owner
898 Sepulveda Associates, LLC (949) 477 -4731 (949) 477 -9010
Name (Print or Type) c /o: David Drake Phone Fax
4 Park Plaza, Suite 700 didrake(aMrammellcrow.com
Address Email
Irvine, California 92614
City /St /Zip
Representative of applicant: (i.e., attorney, expeditor, etc.)
T A Associates Realty, c /o: Cliff Chandler
Name (Print or Type)
1301 Dove Street, Suite 860
Address
Newport Beach, California 92660
City /St/Zip
%/ psi► �� �.
(949) 852 -2030 (949) 852 -2031
Phone Fax
cha nd ler(o)-tarealty. com
Email
Signature
1
203
Arch itect/E na ineer:
Langdon Wilson Architects (714) 833 -9193 (714) 833 -3098
Name (Print or Type) Phone Fax
18800 Von Karman Ave, Suite 200 rbrauma -lw- 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 primary purpose of this application is to extend the existing Development Agreement (DA) dated
3/20/2001 covering the property. The DA is requested to be extended a minimum of 5 years to allow for
the planning process and project development.
The currently proposed project consists of the development of a 10 story or less (under 200' high) office
containing approximately 88,862 square feet of floor area ( "net area" as allowed using a F.A.R. of .80)
with the development 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 project site with the remaining
stalls being provided either below the proposed building or in the existing 7 level parking structure on the
same lot - as shown on the enclosed plan. The current parking operation, supporting off -site airport
parking, shall also be permitted to continue providing services to existing office building at 898 Sepulveda
Blvd - the proposed office and facilities permitted by the property zoning as authorized by AUP No. 94-6.
The actual program for the approximately 88,862 SF (net) development shall be developed in conjunction
with an approved developer and will cover the type of construction, material to be used, parking operation
and other amenities to be included in the project. Based on current Municipal Code (1:300 for office), the
existing office will utilize up to 288 car stalls in the parking structure. The proposed development could
utilize an additional 296 stalls if developed as an office or fewer if developed as a hotel project instead.
The parking structure operator will utilize the remaining 254 stalls, or more in the case of a hotel
development, to support off -site airport parking.
Currently the Property is zoned "CO ", Corporate Office. The Property currently consists of an 111,059
square foot (2.55 Acres) parcel, a portion of which is developed with an existing approximately 838 space
parking structure that will remain and will provide for some of the parking for the proposed facility.
Adjacent to the Property is Parcel 2 which includes an approximately 87,603 square foot existing office
building. Lastly the Property did contain a 12 story, 149,145 square foot office building which was
demolished in 2003.
2 204
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 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.
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.
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 permits office use in the CO zone.
The 888 Sepulveda Blvd property currently consists of an 111,059 square foot parcel, a portion of which
is developed with an existing approximately 838 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 facility. 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 proposed facility is located. The current
parking 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 Project 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 facility will be located on -grade or in the adjacent 7 level
parking structure, making the architectural features of the facility the focal point on the Property. The
r. f
3 20 )
project 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 existing site is currently undeveloped and therefore does not contribute to the
community. 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 features. 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. 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. Lastly, as noted in AUP No. 94 -6, concerning the reduction in traffic around the site, provided
the current parking structure operation continues.
5. Submit a scaled site plan showing the location and dimensions of all existing 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).
Refer to the existing Development Agreement
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 existing Development Agreement
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We ft vwf? a f u i,Gtc- 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.
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
Signature Date
4 �_i t
Date: '�{-l2. I , X11
898 SEPULVEDA ASSOCIATES, LLC,
a Delaware limited liability company
By: TC Sepulveda, Inc.
a Delaware corporation,
its sole member
By: ��y� /�
Name: i cels III
Position: Executive Vice President
On this day of _
In and for said County and State,
Known to me to be the perso
Instrument, and acknqMvageme i
, before me, the undersigned Notary Public
appeared
se name subscribe to the within
to me that he /she executed the same.
hand and official seal.
5
5-rr A7-rAcoEv Acpgjm4mworto r
Notary Public in and for said County and State
208
ACKNOWLEDGMENT
State of California
County of _ Orange )
On T:�b , g , ac // before me, R. Flandez, Notary Public
(insert name and title of the officer)
personally appeared k cJ �F . N lGrcc k
who proved tome on the basis of satisfactory evidence to be the person* whose name( is /tom
subscribed to the within instrument and acknowledged to m e that he /they executed the same in
his /ho4tlaeir authorized capacity(ie&), and that by his /heathei'r signatureko on the instrument the
person*, or the entity upon behalf of which the pers on(&s 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 hand and official seal.
Signature
Out 0 rA.! R. FLANDEI
Commission * 1918162
40 Notary Public - California
Orange County
MY Comm. Expires Jan 5, 2015
(Seal)
200
AGENT AUTHORIZATION
I hereby authorize 6 ?9 /Jyc act for mein 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.
,��
O er's Sig Sre/,Z Di4ie
AGENT AFFIDAVIT
I, we-- C.t IFiF G'� —' the undersigned, depose and say that (I am/VY@ -erg'
the AGENTkg�bf the property involved in this application and that (I/We' have familiarized myself (ocrrsefvts) -
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 th,pbest.Qf ray /our knowledge and belief. ,
Applicant's Signature Date
s 2iO
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
ArFNDA STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to open a public hearing and receive testimony regarding: 1)
an Environmental Assessment for a Categorical Exemption; and 2) a Zone Text Amendment
amending the El Segundo Municipal Code ( "ESMC ") as it relates to nonconforming buildings
and structures and to allow administrative adjustments for nonconforming buildings for
incidental life safety repairs or upgrades and reasonable access accommodations for persons with
disabilities. Applicant: City Initiated (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing;
2. Discussion;
3. Introduce and waive first reading of an Ordinance for Environmental Assessment No. EA 862
and Zone Text Amendment No. 10 -02;
4. Schedule second reading and adoption of Ordinance on April 5, 2011; and/or
5. Alternatively, discuss and take other possible related action to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Ordinance
2. Draft Ordinance (strike -out underline version)
3. Planning Commission staff report dated February 24, 2011 and attachments
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 P ing and Building Safety ),It-
APPROVED BY: Jack Wayt, City Manage 4�
BACKGROUND AND DISCUSSION:
On February 24, 2011, the Planning Commission held a public hearing on the proposed Zone
Text Amendment. After receiving testimony and documentary evidence, the Commission
adopted Resolution No. 2689, recommending City Council approval of Environmental
Assessment No. 862 and Zone Text Amendment No. 10 -02.
G
'. 211 1
I. Background
On February 11, 2010, Planning staff initiated an application to prepare amendments to
the ESMC to clarify the City's regulations to maintain, alter, expand, or rebuild a legal
nonconforming building and clarify when buildings must comply with current ESMC
regulations. The amendment is intended to update and clarify certain provisions of the
nonconforming building and use regulations; to modify the standards to provide
consistency with existing policies and procedures established through adopted Planning
Commission interpretations, and to establish a process for exceptions from the ESMC to
address life safety repairs and reasonable access accommodation requirements.
Specifically, the proposed amendments will:
• Incorporate the interpretations of the Planning Commission into the ESMC.
• Limit reconstruction of nonconforming buildings that are damaged or destroyed by
natural disaster without complying with current zoning regulations to one year
from the occurrence of the damage or destruction (currently there is no time limit).
• Allow the maintenance, alteration, expansion or reconstruction of nonconforming
buildings or uses with a demonstrable good faith attempt to bring a property or
building into compliance with existing laws.
• Establish a maximum limit (50 %) for the removal and replacement of the existing
perimeter exterior walls of a nonconforming building or structure in order to
maintain non - conforming rights.
• Allow flexibility to accommodate reasonable access accommodations for persons
with disabilities and incidental life safety repairs or upgrades by allowing
deviations from development standards.
• Establish an Administrative Adjustment process for deviations from the 50% wall
maintenance standard for life safety repairs or upgrades.
Planning Commission Interpretations:
On March 11, 1999 the Planning Commission adopted a zoning interpretation for the
repair and maintenance of nonconforming structures. The Planning Commission
determined that the extent of maintenance to a nonconforming structure must be limited
to fifty percent of the replacement value of the structure within a five -year period. The
Planning Commission determined that maintenance repair work which exceeds fifty -
percent of the replacement value over a five (5) year period is considered new
construction and is subject to all the applicable development standards.
On March 8, 2001 the Planning Commission adopted a zoning interpretation to establish
in which cases an existing dwelling unit that is legal- nonconforming as to parking would
be required to provide the additional garage area for an expansion or remodel project. A
new dwelling unit requires a two -car garage and a new dwelling unit that is greater than
3,000 square -feet of area requires a three -car garage. The Planning Commission approved
a determination for the new construction or enlargement of an existing structure when
more than 50% of the exterior full walls are removed is to be considered a new structure
and is subject to all the applicable development standards (e.g., a three -car garage must
21 2 2
be provided if the new dwelling unit exceeds 3,000 square feet).
The issue of when a building or structure is considered "new" versus "existing" continues
to arise and the issue, in staff's opinion should be clarified and made part of the
Municipal Code.
II. Analysis
Planning staff reviewed existing non - conforming regulations as well as surveyed
regulations for nonconforming buildings and uses of other cities to evaluate various
options relating to non - conforming regulations.
Typically, cities allow the remodel or expansion of nonconforming buildings, provided
that the proposed remodel or expansion does not exceed a maximum 10 to 50% of the
building valuation of an existing building, estimated by the Building Official before the
entire building or structure must be brought into full conformance with current
regulations. Some cities combine both a valuation approach and a maximum limit on the
square footage of a building that can be added or remodeled before an entire building or
structure must be brought into conformance with current regulations. Other cities use a
maximum percentage of building demolition.
The proposed amendments to ESMC Chapter 15 -21 would allow for the addition,
alteration, remodel or reconstruction of a nonconforming building or structure, provided
that no more than fifty percent (50 %) of the existing exterior perimeter walls (as defined)
are removed, demolished or replaced as of the effective date of this Ordinance. If more
than fifty percent (50 %) of the existing perimeter walls and the foundation are removed,
demolished, or replaced, the entire building or structure must be brought into conformity
with all current development standards and laws. Furthermore, it would also clarify that
the sole removal of exterior wall coverings, including wall insulation, electrical wiring,
plumbing or interior plaster or drywall finishes would not require that the entire building
be brought into conformity with all current development standards within the zone in
which the property is located.
The Planning Commission interpretation adopted in 1999 based the 50% demolition and
replacement maximum upon valuation. Planning staff recommends that the proposed
amendment to the ESMC be based upon a measurement of 50% of the exterior perimeter
wall height rather than use valuation. The use of valuation can be subject to some
interpretation in determining the cost of construction. Alternatively, the use of exterior
perimeter wall height provides certainty by simply measuring the linear distance of
exterior perimeter walls being removed and the linear distance of exterior perimeter walls
that are retained and calculating the percentage being retained. The draft zone text
amendment includes the addition of a definition of "Exterior Perimeter Wall Height" to
ESMC Chapter 15 -1 to clarify what components of the exterior perimeter wall must be
retained to qualify for meeting the minimum retention of 50% of the exterior perimeter
2133
walls.
The proposed amendment to ESMC Chapters 15 -21 and 15 -24 would also allow the
Director of Planning and Building and Safety to grant administrative adjustments for
minor exceptions for building additions, alterations, remodel, or reconstruction in the
reduction of the retention of the minimum fifty percent (50%) exterior perimeter wall
height for life safety repairs or upgrades and to provide for reasonable access
accommodations. This allows for minor deviations because of unforeseen life safety
issues in the reconstruction and addition to existing buildings that would result in a
building not meeting the necessary structural integrity for safety purposes. Both State and
Federal law requires cities to allow reasonable access accommodations to remove
unreasonable barriers to providing necessary access for persons with disabilities. This
typically would be to accommodate access ramps, elevators, lifts and other devices to
provide necessary ingress and egress to buildings. Necessary deviations from ESMC
regulations may include intrusion into required setbacks, additional building height, or
additional lot coverage.
This process is similar to the administrative adjustment process established for some
deviations from parking standards and the decisions could be appealed to the Planning
Commission.
Finally, the proposed amendment includes an amendment to the definition of building in
ESMC Chapter 15 -1 to clarify that a building must be permanently affixed to the ground,
contain a roof and that shipping containers are not considered buildings.
The proposed amendments are provided in the attached draft ordinance in both an
unmarked and a "strike -out, underline text" version to indicate the language that is being
removed (text in strike -out) and the language that is being added (underlined text).
III. General Plan Consistency
The proposed Zone Text Amendment regarding nonconforming buildings and structures
would conform to the General Plan as specified in the attached resolution.
IV. Environmental Review
As set forth in the proposed ordinance, this matter is categorically exempt from further
environmental 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 §§15307, et seq., the "CEQA Guidelines ") because it
consists only of minor revisions and clarifications to an existing zoning code and
specification of procedures related thereto and will not have the effect of deleting or
substantially changing any regulatory standards or findings required therefor. This
Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code
Regs. Title 14, §§ 15301, 15303, and 15305.
21,E
El
V. Planning Commission Action
At its February 24, 2011 meeting, the Planning Commission reviewed the matter,
considered the public testimony, and recommended to the City Council approval of
Environmental Assessment No. EA -862 and Zone Text Amendment No. 10 -02. No
members of the public spoke at the Planning Commission meeting or submitted any
written correspondence regarding this matter.
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 -862. Second
reading and adoption of the Ordinance would occur on April 5, 2011.
P:\Planning & Building Safety \0 Planning - Old\PROJECTS ( Planning)\ 851- 875\EA- 862\EA- 862.CC.SR.03.15.1 l.doc
21)
5
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staff's
recommendations and provided staff further direction;
G. On March 15, 2011, the City Council considered staff and Planning
Commission recommendations;
H. Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
Page 1 of 7
Exhibit 1
21G
interest to adopt this Ordinance to amend the ESMC;
The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
* *
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the ground and contains a roof.
Shipping containers are not buildings.
* * *
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framing members, from and including the foundation and any
basement walls, to and including the uppermost floor and top plate of a building.
Any portions of the exterior wall for any floor level that is horizontally offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
"15 -21 -3: GENERAL PROVISIONS: The following conditions apply to nonconforming
uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located must
conform to this Code.
C. Unless otherwise provided by applicable law, a nonconforming residential use
occupying a structure that is damaged or destroyed by fire, earthquake, or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction. All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
D. Unless otherwise provided by applicable law, a nonconforming on residential use
Page 2 of 7
21"
occupying a structure that is damaged or destroyed by fire, earthquake, or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction. All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
E. Building Additions, Alterations, Remodel or Reconstruction: A nonconforming
building or structure may be altered, restored, remodeled or reconstructed, or may
include an addition, provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed, demolished or
replaced. If more than fifty percent (50 %) of the existing perimeter wall height and
the original foundation is removed, demolished, or replaced, the entire building or
structure must be brought into conformity with all current development standards
and laws. The foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at all
times. Solely removing exterior wall coverings, including wall insulation, electrical
wiring, plumbing or interior plaster or drywall finishes does not require that the
entire building be brought into conformity with all current development standards
within the zone in which the property is located.
F. Minor Exceptions for Building Additions, Alterations, Remodel, or Reconstruction:
The Director of Planning and Building Safety may grant administrative adjustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades, regardless of whether those repairs
or upgrades exceed the fifty percent (50 %) threshold for nonconforming buildings
set forth in this section. The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
"15 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, are permitted to continue and remodel or
rebuild, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
cannot be decreased or made more nonconforming due to remodeling or
reconstruction;
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title; and
Page 3 of 7
218
C. All new construction and additions where a building or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed, replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC § 15 -24 -1 is amended to read as follows:
1115 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F. Reduction of retention of a minimumm standards (50%) of exterior
life safety purposes.eter wall
height and /or deviation from development
G. Deviation from development standards for reasonable access accommodations.
SECTION 6: ESMC § 15 -24 -4 is amended to read as follows:
"15 -24 -4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
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; and
Page 4of7
219
3. That the proposed adjustment is consistent with the legislative intent of
this title.
B. Reasonable Access Accommodations. In addition to the three (3) findings above,
the following findings must be made before any action is taken to approve or
deny a request for a deviation from development standards for reasonable
access accommodations:
1. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Act.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 7: ESMC § 15 -24 -6 is amended to read as follows:
"15 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C. Deviation from development standards for reasonable access accommodations."
SECTION 8: Environmental Assessment. The City Council determines that this
Ordinance is 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
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment. Accordingly, the proposed Ordinance
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
Page 5 of 7
2A--A
SECTION 9: Repeal or amendment of any provision of the ESMC herein 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 10: 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 11: 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 6 of 7
221
SECTION 12: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric K. Busch, 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 , 2011, 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 , 2011, 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 \0 Planning - Old\PROJECTS (Planning) \851- 875 \EA - 862 \City Council \EA - 862. PC. Nonconforming.Ord.Clean.doc
Page 7 of 7
222
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staff's
recommendations and provided staff further direction;
G. On March 15, 2011, the City Council considered staff and Planning
Commission recommendations;
H. Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
Page 1 of 7
Exhibit 2 2 2 3
interest to adopt this Ordinance to amend the ESMC;
I. The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the around and contains a roof.
Shipping containers are not buildings.
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framina members from and includina the foundation and any
basement walls to and including the uppermost floor and top plate of a building
Any portions of the exterior wall for any floor level that is horizontally, offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
"15 -21 -3: GENERAL PROVISIONS: The following conditions shal•I apply to
nonconforming uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located ska must
conform to the PFOV5650 Of this title this Code.
C. ReSteFatieR
I ^f% ay be G8Atffinued
whffiGh existed at the time of the- P-Wrtial -F 6-0-MP11--te de6tFUGtiGn FA
Unless
otherwise provided by applicable law, a nonconforming residential use occupying a
structure that is damaged or destroved by fire earthquake or other calamity
beyond the property owner's control may be re- established subject to the
Page 2 of 7
2 ?. 4
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction All nonconformina rights expire if a
building permit is not issued within twelve (12) months.
D Unless otherwise provided by applicable law, a nonconforming on residential use
occupying a structure that is damaged or destroyed by fire, earthquake or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
E Building Additions Alterations Remodel or Reconstruction: A nonconformin
buildina or structure may be altered restored remodeled or reconstructed, or may
include an addition provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed demolished_ or
replaced If more than fifty percent (50 %) of the existing perimeter wall height and
the oriainal foundation is removed demolished or replaced the entire building or
structure must be brought into conformity with all current development standards
and laws The foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at all
times Solely removing exterior wall coverings including wall insulation, electrical
wiring plumbing or interior plaster or drywall finishes does not require that the
entire building be brought into conformity with all current development standards
within the zone in which the property is located.
F Minor Exceptions for Building Additions Alterations, Remodel or Reconstruction:
The Director of Planning and Building Safety may grant administrative adjustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades regardless of whether those repairs
or upgrades exceed the fifty percent (50 %) threshold for nonconforming buildings
set forth in this section The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
"15 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, shall are permitted to continue and
remodel or rebuild, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
sf}aflcannot be decreased or made more nonconforming due to remodeling or
Page 3 of 7
22
reconstruction; aad
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title-.Land
C All new construction and additions where a buildina or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC § 15 -24 -1 is amended to read as follows:
"15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
G. Deviation from development standards for reasonable access accommodations.
SECTION 6: ESMC § 15 -24 -4 is amended to read as follows:
"15 -24 -4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
A. 1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
Page 4 of 7
2 2 G
&.- -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; and
6. 3. That the proposed adjustment is consistent with the legislative intent of
this title.
B Reasonable Access Accommodations In addition to the three (3) findings
above the following findings must be made before any action is taken to approve
or deny a request for a deviation from development standards for reasonable
access accommodations:
1 The housing which is the subiect of the request for reasonable
accommodation will be used by an individual protected under the Act.
2 The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 7: ESMC § 15 -24 -6 is amended to read as follows:
"15 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C. Deviation from development standards for reasonable access accommodations."
SECTION 8: Environmental Assessment. The City Council determines that this
Ordinance is 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
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
Page 5of7
227
required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the
o mentenvironment,
Accord ugly, will
the help
proposedthe
Ordpnance
nnonconforming uses on the e nv r
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
SECTION 9: Repeal or amendment of any provision of the ESMC herein 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 10: 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 11: 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 6 of 7
228
SECTION 12: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric K. Busch, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of EI 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 , 2011, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City 2011, Clerk, , all ahe
regular meeting of said Council held on the day of
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 (Plann ing)\851 -875\EA-862\Ord inance\EA-862. PC. Nonconforming. Ord. doc
Page 7 of 7
2 2 �)
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC MEETING: February 24, 2011
SUBJECT: Environmental Assessment No. EA -862 and Zone Text
Amendment (ZTA) No. 10 -02
APPLICANT: City of El Segundo
PROPERTY OWNER: Various
REQUEST: Amend El Segundo Municipal Code ( "ESMC ")
Chapters 15 -1 Definitions, 15 -21 Nonconforming
Buildings and Uses, and 15 -24 Adjustments
PROPERTY INVOLVED: Citywide
I. Introduction
The Planning and Building Safety Department is requesting that the Planning
Commission review the proposed ordinance that amends El Segundo Municipal
Code ( "ESMC ") Chapters 15 -1 Definitions, 15 -21 Nonconforming Buildings and
Uses, and 15 -24 Adjustments. The proposed amendments to the ESMC would
clarify the City's regulations to maintain, alter, expand, or rebuild a legal
nonconforming building. Additional provisions are included to allow administrative
adjustments for nonconforming buildings for incidental life safety repairs or
upgrades and reasonable access accommodations for persons with disabilities.
I1. Recommendation
Planning staff recommends that the Planning Commission review the facts as
contained within this report and submitted during the public hearing, and then
adopt Resolution No. 2689 recommending that the City Council approve
Environmental Assessment No. 862 and Zone Text Amendment 10 -02.
III. Background History and Analysis
On February 11, 2010, Planning staff initi
amendments to the ESMC to clarify the City
expand, or rebuild a legal nonconforming bu
must comply with current ESMC regulations.
update and clarify certain provisions of the
regulations; to modify the standards to provide
ated an application to prepare
's regulations to maintain, alter,
ilding and clarify when buildings
The amendment is intended to
nonconforming building and use
consistency with existing policies
20
and procedures established through adopted Planning Commission
interpretations, and to establish a process for exceptions from the ESMC to
address life safety repairs and reasonable access accommodation requirements:
Specifically, the proposed amendments will:
• Incorporate the interpretations of the Planning Commission into the ESMC.
• Limit reconstruction of nonconforming buildings that are damaged or
destroyed by natural disaster without complying with current zoning
regulations to one year from the occurrence of the damage or destruction
• Allow the maintenance, alteration, expansion or reconstruction of
nonconforming buildings or uses with a demonstrable good faith attempt to
bring a property or building into compliance with existing laws.
• Establish a maximum limit (50 %) for the removal and replacement of the
existing perimeter exterior walls of a nonconforming building or structure.
• Allow flexibility to accommodate reasonable access accommodations for
persons with disabilities and incidental life safety repairs or upgrades by
allowing deviations from development standards.
• Establish an Administrative Adjustment process for deviations from the 50
wall maintenance standard for life safety repairs or upgrades.
Planning Commission Interpretations:
On March 11, 1999 the Planning Commission adopted a zoning interpretation for
the repair and maintenance of nonconforming structures. The Planning
Commission determined that the extent of maintenance to a nonconforming
structure must be limited to fifty percent of the replacement value of the structure
within a five -year period. The Planning Commission determined that
maintenance repair work which exceeds fifty- percent of the replacement value
over a five (5) year period is considered new construction and is subject to all the
applicable development standards.
On March 8, 2001 the Planning Commission adopted a zoning interpretation to
establish in which cases an existing dwelling unit that is legal- nonconforming as
to parking would be required to provide the additional garage area for an
expansion or remodel project. A new dwelling unit requires a two -car garage and
a new dwelling unit that is greater than 3,000 square -feet of area requires a
three -car garage. The Planning Commission approved a determination for the
new construction or enlargement of an existing structure when more than 50% of
the exterior full height of the walls are removed is to be considered as a new
structure and is subject to all the applicable development standards (e.g., a
three -car garage must be provided if the new dwelling unit exceeds 3,000 square
feet).
The issue of when a building or structure is considered "new" versus "existing"
continues to arise and the issue, in staff's opinion should be clarified and made
part of the Municipal Code.
0
2
231
Analysis:
Planning staff reviewed existing non - conforming regulations as well as surveying
regulations for nonconforming buildings and uses of other cities to evaluate
various options relating to non - conforming regulations.
Typically, cities allow the remodel or expansion of nonconforming buildings,
provided that the proposed remodel or expansion does not exceed a maximum
10 to 50% of the building valuation of an existing building, estimated by the
Building Official before the entire building or structure must be brought into full
conformance with current regulations. Some cities combine both a valuation
approach and a maximum limit on the square footage of a building that can be
added or remodeled before an entire building or structure must be brought into
conformance with current regulations.
The proposed amendments to ESMC Chapter 15 -21 would allow for the addition,
alteration, remodel or reconstruction of a nonconforming building or structure,
provided that no more than fifty percent (50 %) of the existing exterior perimeter
wall height (as defined) is removed, demolished or replaced as of the effective
date of this Ordinance. If more than fifty percent (50 %) of the existing perimeter
wall height and the original foundation is removed, demolished, or replaced, the
entire building or structure must be brought into conformity with all current
development standards and laws. Additionally, the proposed amendment would
require that the foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at
all times. Furthermore, it would also clarify that the sole removal of exterior wall
coverings, including wall insulation, electrical wiring, plumbing or interior plaster
or drywall finishes would not require that the entire building be brought into
conformity with all current development standards within the zone in which the
property is located.
The Planning Commission interpretation adopted in 1999 based the 50%
demolition and replacement maximum upon valuation. Planning staff
recommends that the proposed amendment to the ESMC be based upon a
measurement of 50% of the exterior perimeter wall height rather than use
valuation. The use of valuation can be subject to some interpretation in
determining the cost of construction. Alternatively, the use of exterior perimeter
wall height provides certainty by simply measuring the linear distance of exterior
perimeter walls being removed and the linear distance of exterior perimeter walls
that are retained and calculating the percentage being retained. A definition is
proposed to be added to ESMC Chapter 15 -1 to clarify what components of the
exterior perimeter wall must be retained to qualify for meeting the minimum
retention of 50% of the exterior perimeter walls. The proposed definition is as
follows:
232
3
EXTERIOR PERIMETER WALL HEIGHT: The exterior perimeter wall
consisting of the framing members, from and including the foundation and
any basement walls, to and including the uppermost floor and top plate of a
building. Any portions of the exterior wall for any floor level that is
horizontally offset are also included.
The proposed amendment to ESMC Chapters 15 -21 and 15 -24 would also allow
the Director of Planning and Building and Safety to grant administrative
adjustments for minor exceptions for building additions, alterations, remodel, or
reconstruction in the reduction of the retention of the minimum fifty percent (50 %)
exterior perimeter wall height for life safety repairs or upgrades and to provide for
reasonable access accommodations. This allows for minor deviations because
of unforeseen life safety issues in the reconstruction and addition to existing
buildings that would result in a building not meeting the necessary structural
integrity for safety purposes. State law requires cities to allow reasonable access
accommodations to remove unreasonable barriers to providing necessary access
for persons with disabilities. This typically would be to accommodate access
ramps, elevators, lifts and other devices to provide necessary ingress and egress
to buildings. Necessary deviations from ESMC regulations may include intrusion
into required setbacks, additional building height, additional lot coverage, and
removal of more than 50% of the exterior perimeter walls to retrofit a building for
reasonable access accommodations.
This process is similar to the administrative adjustment process established for
some deviations from parking standards and the decisions could be appealed to
the Planning Commission.
Finally, the proposed amendment includes additional clarification to the ESMC
definition of building that a building must be permanently affixed to the ground,
contain a roof and that shipping containers are not considered buildings.
BUILDING: Any structure used or intended for supporting or sheltering any
use or occupancy that is permanently affixed to the ground and contains a
roof. Shipping containers are not considered buildings.
After reviewing the existing provisions in the El Segundo Municipal Code, staff
determined that the proposed amendments and additions to the Code as shown
in Attachment "A" would provide for the appropriate regulation of nonconforming
buildings and uses. The proposed amendments are provided in the attached
draft ordinance in "strike -out, underline text" to indicate the language that is being
removed (text in strike -out) and the language that is being added (underlined
text).
233
4
IV. General Plan Consistency
The proposed Zone Text Amendment is consistent with the goals, objectives,
and policies of the General Plan. Planning staff believes that the Planning
Commission can make the findings in order to recommend City Council approval
of the proposed amendment. This Zone Text Amendment conforms to the
General Plan as specified in the attached resolution.
VI. Environmental Review
In accordance with requirements of the California Environmental Quality Act
(CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1
categorical exemption (Existing Facilities) which consists of the operation, repair,
maintenance or minor alteration of existing structures involving negligible or no
expansion of the use, § 15303 as a Class 3 categorical exemption (New
Construction or _Conversion of Small Structures) which involves the conversion of
existing small structures from one use to another where only minor modifications
are made to the exterior of the structure, and § 15305 as a Class 5 categorical
exemption (Minor Alterations in Land Use Limitations) which do not result in
changes in land use or density.
VII. Conclusion
Staff recommends that the Planning Commission adopt Resolution No. 2689,
which recommends that the City Council adopt the proposed ordinance which
amends El Segundo Municipal Code ( "ESMC ") Chapters 15 -1 Definitions, 15 -21
Nonconforming Buildings and Uses, and 15 -24 Adjustments.
VIII. Exhibits
A. Draft Planning Commission Resolution No. 2689
B. Draft Ordinance
C. Planning Commission ESMC Interpretation dated March 11, 1999
D. Planning Commission ESMC Interpretation dated March 8, 2001
K fmberly C stensen, AICP, Planning Manager
Planniliq and Building Safety
Greg C rpenter, erector
Plannind and B ilding Safety
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\ 851 - 875 \EA - 862 \EA- 862.PC.SR.doc
234
RESOLUTION NO. 2689
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. On February 11, 2010, the City of El Segundo initiated an application for
Environmental Assessment No. EA -862 and Zone Text Amendment No.
10 -01 for amendments to El Segundo Municipal Code ( "ESMC ") Chapters
15 -1 definitions, 15 -21 nonconforming buildings and uses, and 15 -24
Adjustments. A draft ordinance implementing the proposed zone text
amendments is attached as Exhibit "A," and incorporated by reference;
B. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the ESMC;
C. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEO X), 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);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this
Commission for February 24, 2011;
E. On February 24, 2011, the Commission held a public hearing to receive
public testimony and other evidence regarding the application including,
without limitation, information set forth in the staff report. Following the
public hearing, the Commission considered the evidence; and
F. This Resolution, and its findings, are made based upon the evidence
presented to the Commission at its February 24, 2011, hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
Page 1 of 4
23"
J
SECTION 2: Factual Findings And Conclusions. The Commission finds that the
proposed ordinance amends various parts of the ESMC regulating nonconforming
buildings and uses, without limitation, as follows:
A. It affects all zones in the City of El Segundo.
B. It limits reconstruction of nonconforming buildings that are damaged or
destroyed by natural disaster without complying with current zoning
regulations to one year from the occurrence of the damage or destruction.
C. It establishes the minimum percentage of the existing original exterior
perimeter wall height that must remain for a project to be defined as a
remodel of a building and not defined as new construction.
D. It delegates authority to the Planning and Building Safety Director to
approve limited reductions in required setback dimensions and exceed
height limits for life safety or reasonable access accommodations for the
disabled.
E. It clarifies the existing code requirements, improves code predictability,
and adds more flexibility to address properties and uses with unique
characteristics.
F. It establishes an administrative adjustment process to allow deviations
affecting Nonconforming Buildings and Uses within the City.
G. It does not increase the permitted density of development in the City.
SECTION 3: General Plan Findings. As required under Government Code § 65454 the
ESMC amendments proposed by the Ordinance are consistent with the City's General
Plan as follows:
A. The amendment to the El Segundo Municipal Code relating to the City's
nonconforming use regulations conforms with several Land Use Element Goals,
Objectives and Policies. Specifically, the amendment is consistent with Goal LU 1,
Objective LU1 -2, and Policy LU1 -2.2, in that the amendment to the El Segundo
Municipal Code will prevent deterioration and blight within the City by maintaining
property at all times in accordance with City of El Segundo codes.
B. The amendment to the El Segundo Municipal Code relating to the City's
nonconforming use regulations conforms with Land Use Element Goal LU -1,
Objective LU1 -3 which allows for the continued operation and orderly conversion of
Page 2 of 4
23P)
existing uses as they change to conform with he new land use regulations.
C. The amendment to the El Segundo Municipal Code relating to the City's
nonconforming use regulations conforms with Land Use Element Goal LU5,
Objective LU5 -3 encouraging the rehabilitation of existing substandard blighted
areas through the combined efforts of private and public sectors.
SECTION 4: Zone Text Amendment Findings. Based on the factual findings of this
Resolution, the proposed Zone Text Amendment is necessary to carry out the proposed
project and to amend regulations pertaining to nonconforming buildings and uses.
SECTION 5: Environmental Assessment. The Planning Commission determines that
the proposed ordinance is 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 "State CEQA Guidelines ") because it consists only of minor revisions and
clarifications to an existing zoning code and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory
standards or findings required therefor. The proposed Ordinance is an action that does
not have the potential to cause significant effects on the environment, but rather will
help reduce the impact of nonconforming buildings and uses on the environment.
Accordingly, the proposed Ordinance constitutes a Class 1 (existing facilities), Class 3
(new construction or conversion of small structures), and Class 5 (minor alteration in
land use limitations).
SECTION 6: Recommendations. The Planning Commission recommends that the City
Council adopt the Ordinance set forth in attached Exhibit 'A" and incorporated by
reference, implementing amendments to the El Segundo Municipal Code ( "ESMC ")
Chapters 15 -1 definitions, 15 -21 nonconforming buildings and uses, and 15 -24
Adjustments.
SECTION 7: Reliance on Record. Each and every one of the findings and
determination in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the
Planning Commission in all respects and are fully and completely supported by
substantial evidence in the record as a whole.
SECTION 8: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 9: The Commission Secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
Page 3 of 4
237
SECTION 10: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time
period. Failure to file a timely written appeal will constitute a waiver of any right of
appeal.
PASSED AND ADOPTED this 24th day of February, 2011.
David Wagner, Chairperson
City of El Segundo Planning Commission
ATTEST:
Greg Carpenter, Secretary
Wagner -
Fellhauer -
Baldino -
Barbee -
Newman -
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
in
Karl H. Berger, Assistant City Attorney
\ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Plan ning)\851 -875\EA-862\EA-862. PC Reso.doc
Page 4 of 4
23S
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staff's
recommendations and provided staff further direction;
G. On March 15, 2011, the City Council considered staff and Planning
Commission recommendations;
H. Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
Page 1 of 7
2 3:)
interest to adopt this Ordinance to amend the ESMC;
The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the ground and contains a roof.
Shipping containers are not buildings.
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framing members, from and including the foundation and any
basement walls, to and including the uppermost floor and top plate of a building.
Any portions of the exterior wall for any floor level that is horizontally offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
"15 -21 -3: GENERAL PROVISIONS: The following conditions apply to nonconforming
uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located must
conform to this Code.
C. Unless otherwise provided by applicable law, a nonconforming residential use
occupying a structure that is damaged or destroyed by fire, earthquake, or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction. All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
D. Unless otherwise provided by applicable law, a nonconforming on residential use
Page 2 of 7
Irl4�
occupying a structure that is damaged or destroyed by fire, earthquake, or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction. All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
E. Building Additions, Alterations, Remodel or Reconstruction: A nonconforming
building or structure may be altered, restored, remodeled or reconstructed, or may
include an addition, provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed, demolished or
replaced. If more than fifty percent (50 %) of the existing perimeter wall height and
the original foundation is removed, demolished, or replaced, the entire building or
structure must be brought into conformity with all current development standards
and laws. The foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at all
times. Solely removing exterior wall coverings, including wall insulation, electrical
wiring, plumbing or interior plaster or drywall finishes does not require that the
entire building be brought into conformity with all current development standards
within the zone in which the property is located.
F. Minor Exceptions for Building Additions, Alterations, Remodel, or Reconstruction:
The Director of Planning and Building Safety may grant administrative adjustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades, regardless of whether those repairs
or upgrades exceed the fifty percent (50 %) threshold for nonconforming buildings
set forth in this section. The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
"15 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, are permitted to continue and remodel or
rebuild, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
cannot be decreased or made more nonconforming due to remodeling or
reconstruction;
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title; and
Page 3 of 7
241
C. All new construction and additions where a building or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed, replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC § 15 -24 -1 is amended to read as follows:
"15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
G. Deviation from development standards for reasonable access accommodations.
SECTION 6: ESMC § 15 -24 -4 is amended to read as follows:
"15 -24 -4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
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; and
Page 4 of 7
2 :
3. That the proposed adjustment is consistent with the legislative intent of
this title.
B. Reasonable Access Accommodations. In addition to the three (3) findings above,
the following findings must be made before any action is taken to approve or
deny a request for a deviation from development standards for reasonable
access accommodations:
The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Act.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 7: ESMC § 15 -24 -6 is amended to read as follows:
"15 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C. Deviation from development standards for reasonable access accommodations."
SECTION 8: Environmental Assessment. The City Council determines that this
Ordinance is 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
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment. Accordingly, the proposed Ordinance
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
Page 5of7
X43
SECTION 9: Repeal or amendment of any provision of the ESMC herein 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 10: 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 11: 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 6of7
241
SECTION 12: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric K. Busch, 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 , 2011, 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 , 2011, 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 \0 Planning- Old\PROJECTS (Planning) \851- 875 \EA - 862 \City Council \EA - 862 .PC.Nonconforming.Ord.Clean.doc
Page 7 of 7
245
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staff's
recommendations and provided staff further direction;
G. On March 15, 2011, the City Council considered staff and Planning
Commission recommendations;
H. Based upon the evidence collected during the public. hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
Page 1 of 7
24G
interest to adopt this Ordinance to amend the ESMC;
I. The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the around and contains a roof.
Shipping containers are not buildings.
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framing members from and including the foundation and any
basement walls to and including the uppermost floor and top plate of a building.
Any portions of the exterior wall for any floor level that is horizontally offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
"15 -21 -3: GENERAL PROVISIONS: The following conditions sl" apply to
nonconforming uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located shad must
conform to the PFGYiGiePs of thi6 title this Code.
C. Resteratien Q'If Damaged Build; -g- A nenGenfe.—il-19-bu dung paFtially damaged
Unless
otherwise provided by applicable law, a nonconforming residential use occupying a
structure that is damaaed or destroved by fire earthquake or other calamity
beyond the property owner's control may be re- established subject to the
Page 2 of 7
2 4 T
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
D Unless otherwise provided by applicable law, a nonconforming on residential use
occupying a structure that is damaged or destroyed by fire earthquake, or other
calamity beyond the property owner's control may be re- established subject to the
provisions of this title if a building permit is issued within twelve (12) months of the
occurrence of the damage or destruction All nonconforming rights expire if a
building permit is not issued within twelve (12) months.
E Building Additions Alterations Remodel or Reconstruction: A nonconformin
building or structure may be altered restored remodeled or reconstructed, or may
include an addition provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed demolished or
replaced If more than fiftv percent (50 %) of the existing perimeter wall height and
the oriainal foundation is removed demolished or replaced the entire building or
structure must be brought into conformity with all current development standards
and laws The foundation must not be removed and a minimum of fifty percent
50% of the exterior perimeter walls must remain attached to the foundation at all
times Solely removing exterior wall coverings includina wall insulation, electrical
wiring plumbing or interior plaster or drywall finishes does not require that the
entire building be brouaht into conformity with all current development standards
within the zone in which the property is located.
F. Minor Exceptions for Building Additions Alterations Remodel or Reconstruction:
The Director of Planning and Building Safety may grant administrative adiustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades regardless of whether those repairs
or upgrades exceed the fiftv percent (50 %) threshold for nonconforming buildings
set forth in this section The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
"15 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, shall - -pcare permitted to continue and
remodel or rebuild, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
sha#cannot be decreased or made more nonconforming due to remodeling or
Page 3 of 7
M.
reconstruction; and
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title...: and
C All new construction and additions where a building or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC '§ 15 -24 -1 is amended to read as follows:
"15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
G. Deviation from development standards for reasonable access accommodations.
i *„
SECTION 6: ESMC § 15 -24 -4 is amended to read as follows:
"15 -24 -4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
A. 1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
Page 4 of 7
2 4 1)
g__2, That the proposed adjustment n the use o enjoyment ofrhis property; applicant
may not be deprived unreasonably
G____ -3. That the proposed adjustment is consistent with the legislative intent of
this title.
above the following findings must be made before any action is taken to approve
or d my a request for a deviation from development standards for reasonable
access accommodations:
1. The housing, which is the subiect of the re guest for reasonable
accommodation will be used by an individual protected under the Act.
2 The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 7: ESMC § 15 -24 -6 is amended to read as follows:
1115 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C Deviation from development standards for reasonable access accommodations."
SECTION 8: Environmental Assessment. The City Council determines that this
Ordinance is 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
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
Page 5 of 7
2 570
required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment. Accordingly, the proposed Ordinance
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
SECTION 9: Repeal or amendment of any provision of the ESMC herein 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
a date offth s Ordinance. sustaining action or
prosecuting violations occurring before the
SECTION 10: 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 11: 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 6 of 7
251
SECTION 12: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this day of 2011.
Eric K. Busch, 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 , 2011, 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
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 (Planning)\ 851 - 875\ EA - 862\ Ordinance\ EA- 862.PC.Nonconforming.Ord.doc
Page 7 of 7
2 J
NING CODE INTERPRETATION
SUBJECT: Repair and Maintenance of Non - conforming Structures.
SECTION #: 20.70.030 J
PAGE #.: 290 -291
On March 11, 1999, the Planning Commission determined that the extent of
maintenance to a non - conforming structure shall be limited to fifty percent of the
replacement value of the structure over any five (5) year period. The Zoning
Code does not currently state how much construction work, which may include
the voluntary removal of non - conforming structural elements, may be done to a
non - conforming structure as necessary maintenance to provide for safe and
habitable use.
Maintenance repair work which exceeds fifty - percent of the replacement value
over a five (5) year period is considered new construction and is subject to the
then applicable developments standards.
DATE: 12 March, 1999
BY: /
/
I ' /
�
Bret
. Ber
ard, A
P, Director
AD: 99 -5
P Azonin g\zcAad99 -5. zci
J
2 53
ZONING CODE INTERPRETATION
SUBJECT: Remodel vs. New Structure
SECTION #: 20 54.030 A.(1)
PAGE #: 242
Section 20.54.030 A.(1) of the Zoning Code requires a two -car garage for a single - family
dwelling unit, unless the dwelling unit is greater than 3,000 square feet, in which case a
three -car garage is required. The Zoning Code only requires a three -car garage for a new
dwelling unit and not an expansion or , remain for an xisting expansion remodel of a
does not define how much of a structure must
house to be considered a remodel instead of a new dwelling unit.
On March 8, 2001, the Planning Commission approved an interpretation of the Zoning
Code (AD No. 01 -2) that new construction or enlargement of an existing structure when
more than 50% of the exterior walls are removed is to be considered as a new structure
and is subject to the applicable development standards (e.g., a three -car garage must be
provided if the new dwelling exceeds 3,000 square feet). The full height of the walls are to
remain to be included in the required 50% of retained walls. This interpretation is to take
effect on June 1, 2001.
DATE: 4/16/01
BY:
James M. Hansen, Director
AD: 01 -2
PAPlanning & Building Safety\ZONING\ZCI\AD 01 -2.doc
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
2/18/11 THROUGH 03/04/11
Date
Payee
Amount
Description
2/18/2011
State of CA EFT
(1,305.68)
Child support payment correct prior memo
2/18/2011
State of CA EFT
1,647.21
Child support payment correct prior memo
2/20/2011
La Salle
43,725.00
ABAG
2/23/2011
Cal Pers
280,762.51
Retirement
2/24/2011
Health Comp
2,102.36
Weekly claims
3/2/2011
Health Comp
3,571.19
Weekly claims
3i 3/n
2A4/2e1
Employment Development
43,473.27
State Taxes
6'I-1
Employment Development
4,065.01
State Taxes
Federal Taxes
11-
IRS
199,088.40
2F4&26"
State of CA EFT
1,647.21
EFT Child support payment
.2g-8/ -J—
Nationwide EFT
34,464.53
EFT 457 payment
'►"
2f8fQe1-1
U
3,796.03
PARS payment
- 29400"
Manufacturers & Traders
23,476.12
457 payment Vantagepoint
21-8/2911
Manufacturers & Traders
192.31
IRA payment Vantagepoint
2/18- 3/4/11
Workers Comp Activity
32,107.83 1
SCRMA checks issued
6L2,813-30
DATE OF RATIFICATION: 03/15/11
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Deput City Tkeasurer
rector of
City
3/3/t/
Date
Informon on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\201 1 \Wire 2011 1st Qtr \Wire Transfers 03- 04.xls
672,813.30
256
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tern Fisher - Present
Council Member Brann - Present
Council Member Fuentes - Present
Council Member Jacobson - Present
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:
Mark Hensley, City Attorney, stated that Council would be meeting in closed session
pursuant to the items listed on the agenda.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING 4
MARCH 1, 2011
PAGE NO. 1
254
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
City Negotiators /Representatives: Eric Middleton (Recruiting Consultant) and Mark
Hensley, City Attorney
Unrepresented Employee: City Manager Candidate
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 2
2�8
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Father Robert Victoria, St. Anthony Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Presentation from Denise DiPasquale, South Bay Workforce Investment Board.
b. Mayor Busch presented a Proclamation to the Tree Musketeers announcing
March 12, 2011 as California Arbor Day.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Sam Penia, Consolidated Disposal, spoke on his company's services in El Segundo.
Dave Atkinson, resident, spoke regarding Item No. 8, eliminating some of the City's
Commission, Committees and Boards.
Teresa O'Brien, founding member of the Hyperion Citizen's Forum, spoke against
changing the meetings to quarterly meetings.
Mike Robbins, resident, spoke regarding yesterday's Special City Council Meeting.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 3
259
Marc Rener, resident, spoke regarding the Fire Initiative election, and City employees'
salaries.
Jack Kenton, resident, spoke regarding Item No. 8, the City Committees, Commissions,
and Boards.
Liz Garnholz, resident, spoke regarding the Aviation Safety Committee, and Item No. 8,
the City Committees, Commissions, and Boards.
Loretta Frye, resident and volunteer, spoke regarding positive comments from senior
citizens regarding last night's Council decision on the date of the election on the Fire
Initiative.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann 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 2581077 to 2581263 on Register No. 10 in the total
amount of $805,270.36 and Wire Transfers from 2/04/11 through 2/17/11 in the
total amount of $2,425,269.42. 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 of February 15, 2011, Special
City Council Meeting Minutes of February 19 and 21, 2011.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 4
2GU
3. Adopted Resolution No. 4715 approving the Los Angeles Interagency
Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement
( "LA IMPACT JPX) and authorized the City's membership in the LA IMPACT
Authority and authorized the City Manager to execute the JPA. (Fiscal Impact:
None)
4. Adopted Plans and Specifications for the installation of surveillance equipment at
the City Police Station. Project No.: PW 11 -03 (Fiscal Impact: $100,000)
Authorized staff to advertise the project for receipt of construction bids.
5. Approved Agreement No. 4126 between the City of El Segundo and Southern
California Edison (SCE) to implement El Segundo Energy Efficiency Strategic
Planning Activities. (Fiscal Impact: $$486,500 grant fund award) Authorized the
City Manager to execute the agreement, in a form approved by the City Attorney,
related to the implementation of the Energy Efficiency Strategic Plan.
6. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 1, 2, 3, 4, and 5. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
6. Consideration and possible action to waive El Segundo Municipal Code (ESMC)
section 10 -1 -4 C for the purpose of allowing a "Beer Garden" as a component of
Hometown Fair, on Saturday, May 7, 2011, from 12:00- 4:00pm, at Library Park.
(Fiscal Impact: None)
MOTION by Council Member Brann, SECOND by Mayor Busch to waive El Segundo
Municipal Code (ESMC) section 10 -1 -4 C for the purpose of allowing a "Beer Garden"
as a component of Hometown Fair, on Saturday, May 7, 2011, from 12:00- 4:00pm, at
Library Park. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR
BUSCH, MAYOR PRO TEM FISHER, COUNCIL MEMBER BRANN; NOES:
COUNCIL MEMBERS JACOBSON AND FUENTES. 3/2
F. NEW BUSINESS
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY — Announced that Council, in closed session by
a 5/0 vote, authorized the City to intervene in a lawsuit currently in the San
Francisco Superior Court identified on the agenda pursuant to Government Code
§54956.9(c).
REPORTS — CITY CLERK - NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 5
261
REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Reported on the event last evening at the Flight Path at LAX
for a new Commissioner.
Council Member Brann — NONE
Council Member Jacobson — Reported on the event last evening at the Flight Path at
LAX for a new Commissioner.
Mayor Pro Tem Fisher — NONE
Mayor Busch —
7. Consideration and possible action to recommend modifications to the
Committees, Commissions and Boards (CCB). Fiscal Impact: None
Council consensus to return to Committees, Commissions, and Boards to get their input
on meeting schedules and report back to Council at a later date.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to
receive and file report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
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.
Peggy Tyrell, resident, requested an update on the Residential Sound Insulation
Program.
Jack Kenton, resident, spoke, regarding free airplane rides for children at the Torrance
Western Museum of Flight on March 12, 2011.
Marc Rener, resident, spoke regarding Los Angeles County Fire proposal and asked if
there was an update to the proposal.
Loretta Frye, resident, spoke regarding volunteerism in the community.
MEMORIALS — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 6
262
CLOSED SESSION — NONE
ADJOURNMENT at 8:02 pm.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 1, 2011
PAGE NO. 7
263
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
MEETING DATE: March 15, 2011
AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of a Memorandum of
Agreement with the Regional Terrorism Information Integration System (RTIIS)
participating agencies for El Segundo's continued participation in the Los Angeles
Regional Integrated Law and Justice Project and authorize the City Manager to execute
the appropriate documents. Additionally, authorize funding to configure and merge
CopLink data to the Tiburon Records Management System (RMS). (Fiscal Impact:
$51,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute an amended Memorandum of Agreement,
approved as to form by the City Attorney, between the City of El Segundo and RTIIS;
2. Authorize the use of previously identified and approved monies from the equipment
replacement fund to pay the costs necessary to configure and merge police COPLINK
data from the West Covina Service Group RMS to the Tiburon RMS in an amount not to
exceed $50,910.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Memorandum of Agreement for the LA Regional Integrated Law and Justice Project amoung the
Regional Terrorism Intelligence and Integration System participating agencies
FISCAL IMPACT: None
Amount Budgeted: $50,910
Additional Appropriation: N/A
Account Number(s): 601 - 400 - 3101 -8105
ORIGINATED BY:
Brian Evanski, Captain j
REVIEWED BY:
Mitch Tavera, Chief of Po
APPROVED BY:
Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
In November 2007, the El Segundo Police Department entered into an agreement with forty -
seven other law enforcement agencies to share law enforcement information from their records
database systems. City Attorneys from multiple cities worked numerous hours with attorneys
from the County of Los Angeles and other agencies to develop the original agreement between
the law enforcement agencies representing the eighty -eight independent cities and the
unincorporated areas of Los Angeles County. El Segundo contributes law enforcement records
264
information to the COPLINK database and is able to access more than two hundred million
records to assist with its crime and terrorism investigations. The City of El Segundo was able to
join and participate in the Los Angeles Regional Integrated Law and Justice Project (LARILJP)
at no cost. Grant funds from the Los Angeles County Sheriff Department (LASD) and the Los
Angeles Police Department (LAPD) paid for the integration of the El Segundo's database to the
RTIIS and for the first three years of system maintenance. The maintenance agreement will
expire in August 2012.
The original Memorandum of Agreement among the RTIIS agencies established the guidelines
to regulate the sharing of information. The Memorandum of Agreement identified the purpose
of the system, the criteria for agencies' participation, the rules for the contribution and
dissemination of information, the ownership and audit requirements of information, and other
terms, conditions, policies and procedures of the system. A LARILJP Governance Committee
comprised of representatives from LASD, LAPD, and three Chiefs of Police from the
independent cities received the authority to accept agencies into the RTIIS with a simple
majority vote. The current Agreement requires the simple majority vote of all forty -seven RTIIS
agencies to connect to other cooperating law enforcement sharing initiatives such as Orange, San
Diego and San Bernardino Counties.
The proposed amended Memorandum of Agreement gives the LARILJP Governance Committee
the power of attorney for the forty -seven participating agencies to sign Intergovernmental
Agreements to share information with other counties and cities in California and the nation;
gives the Los Angeles County Counsel the power to act as the legal representative of the forty -
seven participating agencies in the matters of the RTIIS; gives the Governance Committee the
authority to seek grant funding for the continued maintenance of the RTIIS and/or to discuss
funding models for future maintenance costs by the participating agencies.
Intergovernmental Agreements with other California counties and regional groups from Oregon,
Washington and Arizona would represent the addition of another ninety -five million searchable
documents. There are also future plans to link the RTIIS with the Federal Bureau of
Investigation's Law Enforcement National Data Exchange network (N -DEX). This would
significantly enhance the situational awareness of patrol officers, the investigative resources of
detectives and the analysis of crime trends and terrorist threats throughout the region. The Los
Angeles Sheriff Department and Los Angeles Police Department directed millions of dollars to
establish and maintain the COPLINK data sharing project from 2007 to August 2012 without a
cost to the contributing independent agencies. They cannot continue to support the independent
cities in the RTIIS without funding from the cities or from grant sources. The amendments to the
Agreement would give authority to the Governance Committee to seek additional funding from
Federal and State grant sources and to discuss funding models if individual cities must contribute
funds to maintain the system.
Knowledge Computing Corporation (KCC) distributed, maintained and updated the COPLINK
software in 2007 at the inception of the Los Angeles Regional Integrated Law and Justice
Project; KCC has since been acquired by another company, i2. The amended Agreement
eliminates an indemnification clause in the original Memorandum of Agreement wherein KCC
and the participating agencies indemnified, held harmless and defended each other from and
against any and all liability, claims, administrative proceedings, losses, expenses, injuries or
damages. The amended Memorandum of Agreement maintains a Hold Harmless clause that
265
holds Source Agencies harmless for any information in COPLINK, or any action taken as a
result of that data.
The City of El Segundo can withdraw from the LARILJP and RTIIS at any time. If the City of
El Segundo does not approve the amended Memorandum of Agreement the Police Department
would discontinue the contribution of data to the RTIIS and would lose its ability to access
shared information in the database. The Police Department would make a decision to leave its
current data in the system or pay to remove it. Staff recommends that the City Council approve
the amended Memorandum of Agreement.
In September 2010, the El Segundo Police Department transitioned from the West Covina
Services Group RMS to the Tiburon RMS as a result of contracting with the South Bay Regional
Public Communications Authority. Due to this transition, it is necessary to configure and merge
police COPLINK data from the West Covina Services Group RMS to the Tiburon RMS.
Although the initial set up and integration was paid via grant funds, the efforts to configure and
merge a new data source will be completed by KCC at a cost of $50,910.
This data source configuration and merge must occur for El Segundo's continued involvement
and access to COPLINK data. Therefore, in addition to approving the amended Memorandum of
Agreement, Staffs requests that City Council approve to fund the configuration and data merger
efforts. Equipment replacement funds were previously identified and approved by City Council
to pay the expenses necessary for the transition to the South Bay Regional Public
Communications Authority.
266
MEMORANDUM OF AGREEMENT
FOR THE
LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE
PROJECT
AMONG THE
REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION
SYSTEM PARTICIPATING AGENCIES
I) Overview
a) Background: The mission of the Los Angeles Regional Integrated Law and
Justice Project ( "LARILJP ") is to coordinate the development and implementation
of a regional justice information sharing system that will allow law enforcement
agencies throughout Los Angeles County, as well as law enforcement agencies
in other regions of the State and beyond which have entered into
Intergovernmental Agreements (IGA's), to share information in their case and
records management systems. The goal is to protect the total community by
efficiently and effectively providing accessible, accurate information for the
speedy investigation and apprehension of terrorists and other law violators. The
sharing of information shall be achieved through the COPLINK System
("COPLINK"). A Contractor (currently 12) shall install and maintain COPLINK.
b) Intended Benefits: By sharing public safety information, LARILJP participating
agencies and other participating agencies as approved through IGA's
( "Agencies" or Agency ") will be able to improve their responses to terrorism and
community crime. COPLINK provides sophisticated analytical tools that will allow
authorized users to discover links and relationships by providing consolidated
data across Los Angeles County. This will allow Agencies to solve previously
"unsolvable" incidents and investigate serial criminal activity.
c) Purpose: The purpose of this agreement ( "Agreement ") is to outline conditions
under which the Agencies will share and use information in COPLINK. By signing
this Agreement, Agencies, as well as all individuals who operate or use
COPLINK, agree to adhere to the guidelines specified in this Agreement.
d) Agency Participation: The LARILJP is a cooperative venture of justice agencies
in Los Angeles County, California. Any law enforcement agency in Los Angeles
County may apply to participate in LARILJP. To participate in LARILJP and have
267
access to COPLINK, an Agency applicant shall apply to the LARILJP
Governance Committee by submitting a proposal that outlines its intended use of
COPLINK, the type of data it intends to contribute, and any other information
requested by the Governance Committee. A simple majority vote of approval of
the Governance Committee is required to approve an Agency's participation in
COPLINK. Once approved, each Agency will proactively cooperate with other
participating Agencies, the Contractor, and its own system vendors and or
maintenance contractors to facilitate:
1) Network access and connectivity
2) Data extracts for engineering and testing purposes
3) Production extracts
4) Required modifications to their source systems
5) Regular data updates as agreed to during the design process
6) Timely review and approval of design documents and test results
e) Agency Withdrawal: An Agency may withdraw from participation in COPLINK at
any time by providing written notice to the LARILJP Governance Committee. If an
Agency wishes its data withdrawn from COPLINK, the withdrawing Agency shall
contact the Contractor and request data removal. The withdrawing Agency is
responsible for the cost associated with the removal of its data from COPLINIK.
II) AUTHORIZED RELEASE OF INFORMATION
a) Sharing of Information: Each Agency authorizes the release of information
residing in its records management system to all users of COPLINK as permitted
by law. It is the responsibility of each Agency to specify which data to share, as
well as any special requirements that may apply to certain kinds of information.
An Agency that does not want certain data made available from its records
management system to COPLINK is responsible for placing the appropriate
restriction indicator on the underlying data in the agency's internal records
management system or database.
Under the authority of this Agreement, all RTIIS Member Agencies grant their
authorization to the RTIIS Governance Committee and the Committee Chair for
the limited purpose of executing IGA's as approved by the County Counsel acting
269
as the Legal Representative of the RTIIS. When those Agreements are
approved as authorized, they will not require further review or approval by each
participating agency. Such IGA's shall have no material changes adversely
affecting the participating agencies included in this Agreement.
California law prohibits the release of victim information in specific sex related
crimes, sealed juvenile records, and the release of summary criminal history to
unauthorized persons.
b) Limitation on Information Sharing: Information contributed by each Agency shall
only be shared with or released to those Agencies that have entered into this
Agreement or any approved IGA. Only authorized Agency employees who have
an approved login and password ( "Authorized Users ") will be allowed to access
or use information in the COPLINK System.
c) Liability: Each Agency is solely responsible for any and all liability, claim,
administrative proceedings, losses, expenses or any injury, including death or
damage of any kind whatsoever, whether actual, alleged or threatened, including
actual attorney fees, court costs, interest, defense costs and expenses
associated there with including the use of experts, and any other costs of any
nature without restriction incurred in relation to, as a consequence of, or arising
out of the Agency's use of the COPLINK system and /or its performance under
this Agreement.
d) Internal Audit: Each Agency shall name a System Administrator, who shall
conduct an internal audit on a periodic basis to ensure information is reasonably
up to date and user queries are made for legitimate law enforcement purposes.
COPLINK will require each Authorized User to input the reason for the requested
information before any information is generated. This information shall be
recorded on COPLINK, and retained to allow the System Administrator to
complete the internal audit.
III) INFORMATION OWNERSHIP
a) Ownership: Each Agency retains control of all information it provides through
COPLINK. Each Agency is responsible for creating, updating, and deleting
records in its own records management system or database, according to its own
policies. Each Agency shall use its best efforts to insure the completeness and
accuracy of its source data.
1
b) Unauthorized Requests: Requests for information in COPLINK that is not
authorized for viewing will be referred to the Agency that authored or originated
the requested information ( "Source Agency ").
c) Prohibition Against Release of Information: No Agency nor Authorized User shall
release or make available any information it has accessed to any person or entity
not authorized to access the COPLINK system, or to any third party without the
prior written approval of the Source Agency, or as required by law.
d) Public Record Requests Subpoenas and Court Orders: Any Agency receiving a
public records request, subpoena, or court order ( "Legal Request ") for
information in COPLINK authored by or originated by another Agency shall
respond to the Legal Request, and shall immediately provide a copy of the Legal
Request to the Source Agency System Administrator.
IV) UNDERSTANDING ON ACCURACY OF INFORMATION
a) Accuracy of Information: Agencies agree that the data maintained in COPLINK
consists of information assumed to be accurate. Agencies will participate in
several testing sessions, to validate and ensure that its information is accurate.
However, data inaccuracies can arise from multiple reasons (e.g., entry errors,
misinterpretation, outdated data, etc.). It shall be the responsibility of the Agency
requesting or using the data to confirm the accuracy of the information with the
Source Agency before taking any enforcement - related action.
b) Timeliness of Information: Each Agency shall determine the frequency with
which its data will be refreshed in COPLINK. In addition, each Agency has its
own policy regarding the speed at which incidents are recorded in its internal
records management systems. Since changes or additions to data do not get
updated in COPLINK on a real -time basis, Agencies recognize that information
may not always be timely and relevant. It shall b the responsibility of the
requesting Agency to confirm the timeliness and relevance of the information with
the Source Agency. Additionally, a data refresh schedule will be published by
each System Administrator to enable a user to determine the potential timeliness
of each Agency's data.
c) Hold Harmless: To the extent permitted by law, Agencies agree to hold Source
Agencies harmless for any information in COPLINK, or any action taken as a
result of that data, regardless of whether the data is accurate or not, or any time
delay associated with changes, additions, or deletions to the information
20
contributed. This hold harmless provision shall not apply to the willful misconduct
or gross negligence of Source Agencies.
V) USER ACCESS
a) Login Application Process: Each Agency's System Administrator is responsible
for management of user accounts at that Agency. Each Agency agrees that all
Authorized Users shall be current employees and be authorized to review
criminal history data for legitimate purposes. Each potential user shall submit a
request for a login and password to the Agency System Administrator. The
Agency System Administrator shall have discretion to deny or revoke individual
access.
b) Login Assignment: Each Authorized User will be issued a user login and a default
password by the Agency System Administrator. Upon logging into COPLINK for
the first time, each Authorized User will change the default password to another
password. Authorized Users may be assigned to groups that have different levels
of access rights based on the level of restriction of the information.
c) Provision of Agreement: The Agency System Administrator must provide a copy
of the terms and conditions of this Agreement to all Authorized Users when they
are issued a login ID for the system.
d) Intended Use: Each Authorized User agrees that COPLINK, the information
contained in it, and the networking resources it provides are to be used solely for
purposes consistent with the mission of the LARILJP. Authorized Users
acknowledge that the information COPLINK will be shared and used for authorize
purposes only as permitted by law. Authorized Users shall not use or share the
information for any unethical, illegal, or criminal purpose.
e) Limitations on Use of Logons: An Authorized User may not access COPLINK by
using a name or password that was assigned to another user. An authorized
User cannot give his or her password to another person, including another user,
to access the system.
f) Audit Trail: Each transaction on COPLINK is logged and an audit trail is created.
Each Agency System Administrator shall maintain the audit trail for a minimum of
three years. Requests for transaction logs shall be made in writing by the Agency
System Administrator, who shall provide the logs to the requesting party within a
reasonable amount of time.
271
g) Termination of Logins: Each Agency System Administrator is responsible for
timely removal of any login accounts as Authorized Users leave the Agency, fail
to meet the requirements of this Agreement, or are denied access by the Agency
System Administrator for any other reason.
VI) CONFIDENTIALITY OF INFORMATION
a) Information Confidentiality: Information in COPLINK is confidential and is not
subject to public disclosure, except as required by law. Only Authorized Users
are allowed to view and use the information in COPLINK. The Information will
otherwise be kept confidential.
b) Internal Requests for Information: An Authorized User who receives a request
from a non - authorized requestor for information in COPLINK shall not release
that information, but may refer the requestor to the Source Agency.
c) Removal or Expungement of Records: LARILJP shall determine a schedule for
record deletion, removal expungement, and other edits. Any Agency that seeks
to edit a record sooner than the scheduled time shall contact the Contractor
directly and arrange for the change to be manually processed.
VII) SYSTEM ACCESS
a) Network Access: Access to COPLINK will be provided by a private network
maintained by the Los Angeles County Sheriffs Department or any other secure
network configuration that is mutually acceptable to the member agencies or
others with which an approved IGA has been executed.
b) System Availability: COPLINK shall operate 24 -hours a day, 7 -days a week, with
downtime limited to those hours required for any necessary maintenance
activities.
VIII) SYSTEM MAINTENANCE
a) Under the authority of this Agreement, all RTIIS Member Agencies grant their
authorization to the RTIIS Governance Committee and the Committee Chair for
the limited purpose of implementing a business model or funding mechanism for
ongoing maintenance of the RTIIS system. Upon that business model or funding
mechanism being identified, it may be implemented without further review or
approval by each participating agency, to sustain the integrity of the RTIIS
system.
IX) AGREEMENT TERMS
a) Term: This agreement will commence on the date that it is adopted by the
first LARILJP participating Agency, and shall last until the last Agency
withdraws, pursuant to section i.e. of this agreement.
b) Changes to Agreement: Additional law enforcement agencies may be
added to LARILJP by signing an amended copy of the Agreement,
accepting its terms and conditions, and obtaining an approval by a simple
majority of the LARILJP Governance Committee. Based on ongoing
monitoring of COPLINK, Agencies may propose other changes to this
Agreement. Such proposals require the approval of a simple majority of
the participating Agencies.
c) Supplemental Policies: An Agency may add individual guidelines for its
own computers or networks providing they do not conflict with the
provisions of this agreement.
d) Sanctions for Non - Compliance: Any Agency that violates the guidelines of
this may be disconnected from the COPLINK system. The Agency will be
provided with a 60 -day written notice of the violation, and the opportunity
to correct the violation. Failure to meet the guidelines will result in the
termination of System access for the offending Agency. All disputes
concerning access shall be determined by a simple majority vote of the
LARIJP Governance Committee.
X) SIGN -OFF EXECUTION OF AGREEMENT
By executing this agreement, each Agency acknowledges that it has received a
copy of this agreement, and will comply with its terms and conditions. The
individual executing this Agreement certifies that the person signing it is
authorized by its Party to bind the represented agency to the terms and
conditions of this amended Agreement. This Memorandum of Agreement may be
executed in one or more counterparts, each of which will deemed an original, but
all of which together will constitute one and the same instrument. A complete
original will be kept on file with the Los Angeles County Police Chiefs'
Association. For all other purposes, facsimile signatures are acceptable as
originals.
27 ,
J
CITY OF EL SEGUNDO
City Representative
Print Name
Title
City Attorney
Date
Date
274
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding authorization for the Police Department to
replace two Crown Victoria K9 patrol vehicles with new Ford Crown Victoria cars
piggybacking on an existing Los Angeles County Sheriffs Department contract. (Fiscal
Impact: $66,400)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Police Department to replace two Ford Crown Victoria vehicles,
currently overdue for replacment in the equipment replacement fund, with new Ford
Crown Victoria cars.
2. Pursuant to El Segundo Municipal Code 1 -7 -10, waive the bidding process authorizing
staff to issue a purchase order piggybacking on an existing Los Angeles County Sheriffs
Department contract to purchase and outfit two Ford Crown Victoria vehicles in an
amount not to exceed $66,400.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
S.B.R.P.C.A. Service quote
Wondries Fleet Group Quote
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $66,400
Additional Appropriation: N/A
Account Number(s): 601- 400 - 3101 -8105
ORIGINATED BY: Brian Evanski, Captain
REVIEWED BY: Mitch Tavera, Chief of $ice
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
The two current K9 patrol units are 2003 Ford Crown Victoria vehicles that were due for
replacement in 2006. These K9 cars have now exceeded their replacement life by several years
and both vehicles have high mileage. In addition, K9 units are required to remain running while
parked to allow continued operation of the air conditioner to maintain a cool environment inside
the vehicle for the safety of the police dogs. Running the vehicle while parked equates to
potentially hundreds more hours of engine use although the mileage may remain at a level
average to the regular police units. El Segundo vehicle maintenance staff recommends both K9
units be replaced due to their age, the amount of engine hours, and continual and ongoing
maintenance and service issues. Staff recommends purchasing these two vehicles under an
2 75
existing contract from Bob Wondries Ford. The purchase would "piggy- back" on an existing
Los Angeles County Sheriff RFP (Requisition No. RQN -SH- 11004981).
Due to the specialized needs and equipment, specifically the cage, required for a police K9
vehicle, regular patrol cars cannot be utilized when a K9 car is out of service. Therefore, when
one of these K9 units is out of commission for maintenance or service, the police dog is unable
to work. In the event of a major mechanical failure or traffic collision damage, the police dog
may be unavailable for an extended period. To alleviate this problem, although the two current
K9 cars are no longer suitable for everyday police use, police staff and city mechanics
recommend maintaining one of these vehicles as a spare K9 unit.
27 6
tilonclr
FLEET GROUP
°� ^J'. P 1t ire 3', r � ' . . t= , q :;�. "3350 .. Ad hi!- r I Jr °� . � A O `' 800
0220. =:57, 5500 000r'457 -5503 F&-,,Y,
February 23, 2011
Sgt. Jeff Leyman
El Segundo Police Department
350 Main St.
El Segundo, CA 90245
Delivery Via Email
Dear Sgt. Leyman,
In response to your inquiry, we are pleased to submit the following for your consideration:
Wondries Fleet Group will sell, service and deliver at El Segundo, new /unused 2011 Crown Victoria Police
Interceptor sedans responding to your requirement with the attached specifications for:
Vehicle $ 22,140.00
Locally installed ballistic panels $ 2,600.00
Total $ 24,740.00 each plus State Sales Tax and $8.75 tire tax (non - taxable).
These vehicles are available under the Los Angeles County PO# DPO- SH- 11321410 -1.
Delivery is 15 days A.R.O. Stock units are currently available. Final availability is subject to prior sale.
Terms are net 20 days.
Wondries Fleet Group has served Southern California Law Enforcement since 1949. We welcome the
opportunity to assist you in your vehicle requirements.
John Oviyach
Wondries Fleet Group
2'7 7
I A
S. B. R. P. C. A.
South Bay Regional Public
Communications Authority
4440 W. Broadway
Hawthorne, CA 90250 -3857
(310) 973 -1802 Fax: (310) 978 -0892
Fed ID: 95- 3142625
To: EL SEGUNDO POLICE DEPT
348 MAIN STREET
EL SEGUNDO CA 90245
MF 11
Quote No : 5670
Date : 02/10/2011
QTY
DESCRIPTION
UNIT PRICE
AMOUNT
BUGETARY QUOTE FOR K -9 SWAP
E1 SEGUNDO PD PATROL VERSION
1.0
5038 Bumper
157.90
157.90
1.0
501940- 94949393 REAR DECK LED
340.27
340.27
1.0
P46SLC LED SPOT LIGHT D SIDE
143.40
143.40
1.0
UHF2150A HEADLIGHT FLASHER
42.24
42.24
2.0
50CO2ZCR WHITE LED INTERSECTO
111.00
222.00
1.0
SHIPPING (EST)
540.00
540.00
1.0
WIRE ,LOOM, HRDWR
450.00
450.00
1.0
A/C KIT FOR K -9 CAGE
- - - - --
82.50
82.50
---------------------
SOME PARTS PROVIDED BY PD TO
INSTALL, NO LABOR CHARGES TO
ASSEMBLE OR REMOVE PARTS FOR
* NOTE*
PRICE IS PER CAR. THIS IS NOT
FOR 2 COMPLETE CARS
4- 7O
Page 1 of 2
S. B. R. P. C. A.
South Bay Regional Public
Communications Authority
4440 W. Broadway
Hawthorne, CA 90250 -3857
(310) 973 -1802 Fax: (310) 978 -0892
Fed 0: 95- 3142625
To: EL SEGUNDO POLICE DEPT
348 MAIN STREET
EL SEGUNDO CA 90245
M F4 Rk f1l I [roj, F4 Oo 111110* )TJ q
Quote No: 5670
Date : 02/10/2011
QTY
DESCRIPTION
UNIT PRICE
AMOUNT
2.0
5TMSAB GROMMET FOR 500 SERIES
5.61
11.22
2.0
VTX609W HIDEAWAY LED WHITE
81.18
162.36
1.0
PARK KILL MODULE (UKPM)
28.27
28.27
1.0
SHOTGUN TIMER (USGT)
27.17
27.17
1.0
CONY KIT RHINO
53.21
53.21
1.0
K -9 CAGE MODEL# KK- K9 -F7 -K
1,259.37
1,259.37
1.0
C- TTB -CV -F SLIDE TRAY
256.23
256.23
1.0
C- TTB -EG equip grd
68.89
68.89
1.0
DUAL CUP HOLDER C- CUP2 -E -C
25.64
25.64
1.0
TRUNK BOX W /ELECTRIC LOCK FOR
350.00
350.00
GUNS /AMMO ETC.
Subtotal
4,220.67
Sales Tax
358.87
Shipping & Handling
0.00
4,57
TOTAL
2'7 9
Paqe 2 of
L91Jj of %qs
LOS ANGELES COUNTY
t / SHERIFF S%00DI
�! PURCHASE ORDER +
x Y!
ORDER NUMBER
AWARD DATE
N
PO -SH- 11321410 -1
09/01 /10
ALL TERMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER
BILL TO:
AS IF FULLY REPRODUCED HEREIN.
SHERIFF
FISCAL ADM - ACCOUNTS PAYABLE
ADDRESS ALL INQUIRIES AND CORRESPONDENCE T0:
4700 RAMONA BLVD
Contact: Anet Simonian
ROOM 310
MONTEREY PARK CA 91754 -2169
Phone: 323 - 267 -2215
Email: asimonianQisd.lacounty.gov
SHIP FOB DESTINATION TO:(UNLESS SPECIFIED ELSEWHERE)
VENDOR NAME, STREET,CITY,STATE,ZIP CODE:
SHERIFF
1104 N. EASTERN AVENUE
BOB WONDRIES FORD
DOOR #50
400 S. ATLANTIC BLVD.
LOS ANGELES CA 90063
P.O. BOX 1131
ALHAMBRA CA 91801 -3642
PROCUREMENT FOLDER :179349
CONTACT FOR DELIVERY INSTRUCTIONS (NAME, TELEPHONE)
COMM AND FLEET MGMT BUREAU
DELIVERY DATE
FOB POINT
AGENCY RED.
NUMBER
CONTRACT NUMBER
TOTAL AMOUNT OF ORDER
12/23/10
FOB Destination, Freight Prepaid and Allowed
15757P
$4,030,680.59
DATE PRINTED
VENDOR NO.
PROMPT TERM 1 TERM 2 TERM 3 TERM 4
PAYMENT DISCOUNT: 10,00 DISCOUNT: DISCOUNT: DISCOUNT:
09/01/2010
042117
TERMS DAYS: 30 DAYS: Q DAYS: 0 DAYS: 0
LINE NO.
COMMODITY /SERVICE DESCRIPTION
QUANTITY
UOM
UNIT PRICE
EXTENDED AMOUNT
NOTICE TO VENDOR:
ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND
INVOICES MUST REFLECT THE CORRESPONDING
PURCHASE ORDER COMMODITY LINE NUMBER. ALSO,
THE ORDER NUMBER MUST BE REFERENCED ON ALL
PACKING SLIPS AND INVOICES.
1
COMMODITY CODE: 070- 06 -00- 0000000
150.000
EA
$ 24,476.040
$ 3,671,406.00
SUPPLIER PART NO:
SALES TAX AMOUNT:
$ 357,962.09
DESCRIPTION:
MAKE /MODEL: 2011 FORD CROWN VICTORIA
VEHICLE - SEDAN, 4 -DR, BLACK & WHITE, 4.6 LITER / V -8
GAS ENGINE, 4 -SPEED AUTO, W/ RADIO INTERFERENCE
SUPPRESSION PACKAGE - PER THE ATTACHED
SPECIFICATIONS LABELED AS EXHIBIT A.
NOTE: VEHICLE MUST BE TESTED & CERTIFIED AS
"HIGH SPEED POLICE PACKAGE VEHICLES" AT THE
LASD'S MOST RECENT ANNUAL "LAW ENFORCEMENT
VEHICLE TEST & EVALUATION PROGRAM ".
N�wwt o`?tiv Oat Zot�
COUNTY OF LOS ANGELES
460
PRICE SHEET
PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
PAGE
VENDOR NO: 042117
2
VENDOR: BOB WONDRIES FORD
LINE NO.
COMMODITY /SERVICE DESCRIPTION
QUANTITY
UOM
UNIT PRICE
EXTENDED AMOUNT
ADDITIONAL SHIPPING INFORMATION:
2
COMMODITY CODE: 070- 06 -00- 0000000
750.000
EA
$ 1.750
$ 1,312.50
SUPPLIER PART NO:
$ 0.00
SALES TAX AMOUNT:
DESCRIPTION:
FEE: NEW TIRE TAX - 5 TIRES x 150 VEHICLES - PER
THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT
A.
Prices are exclusive of federal excise tax. Exempt Certificate
No. 95 7400 14K.
Terms and conditions are in accordance with Solicitation
RFB -IS- 11200079.
Delivery: 60 -75 Days ARO
RQN -SH- 11004981
FUND /ORG: 55573 (LAC /CAL)
OBJ. CODE: 6049 - 60D (FIXED ASSET)
ACTIVITY CODE: OLCL
ADDITIONAL SHIPPING INFORMATION:
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD
ORDER NO: PO -SH- 11321410 -1
COUNTY OF LOS ANGELES
FEDERAL TAX EXEMPTION CERTIFICATE
PAGE
The undersigned hereby certifies that he is a deputy purchasing agent of the county of Los Angeles. A political
subdivision of the State of California, that he is authorized to execute this certificate and that the article or articles
indicated in this purchase order are for exclusive use of the county of Los Angeles, a political subdivision of the State of
California.
It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to the states
or political subdivisions thereof, is limited to the sale of articles purchased for their exclusive use and it is agreed that if
articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such
fact must be reported by me to the vendor or the article or articles covered by this certificate. It is also understood that
the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not
more than $10,000 or to imprisonment for not more than five years, or both, together with cost of prosecution.
County purchasing Agent
By
This certificate is applicable only when signed by an authorized person.
TERMS AND CONDITION OF PURCHASE
1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any
attachments here to. No other conditions or modifications of these terms and conditions will be effective unless
specifically agreed to in writing by the county of Los Angeles ( "County") Purchasing Agent. Failure of County to object to
provisions contained in any acknowledgment, document or other communications from vendor shall not be construed as
a waiver of these terms and conditions or an acceptance of any such provision.
2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate
the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a
written agreement for this purchase may, at county's discretion, result in additional handling costs being deducted from
Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the
account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order
number must be on all shipping documents and containers.
3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the
Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show
units and unit prices. Invoices still not be paid unless and until the requirements have been fully met. When price shown
is delivered price, all transportation and delivery charges must be prepaid in full to destination.
4. PRICE /SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges
for transportation, containers, packing, unloading, etc. shall be allowed unless specified herein.
5. PAYMENT TERMS: Unless other wise specified herein, payment terms are net 30 days from the date County
receives a correct and proper invoice. In no event shall County be liable for any late charges. Cash discount periods
shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct
and proper invoices, whichever date is later, prepared in accordance with the terms herein.
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD
PAGE
6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items /services
provided hereunder. Vendor shall also reimburse County for any costs incurred' as a result of defect {s). The term of this
warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's
acceptance of the item /service. Vendor warrants that items may be shipped, sold and used in a customary manner
without violation of any law, ordinance, rule or regulation of any government or administrative body.
7. CANCELLATION: Unless otherwise specified herein. County may cancel all or part of this Purchase Order and or
Contract at no cost and for any reason by giving written notice to vendor at least thirty (30) calendar days prior to
scheduled delivery. A cancellation change not exceeding one percent (1 %) of the value of the cancelled portion of the
Purchase Order and /or Contract may be charged to The County on any cancellation with less than thirty (30) calendar
days prior written notice.
8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all federal, state and local laws, rules, ordinances
and regulations concerning hazardous materials and toxic substances.
9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by vendor, or any agent or representative of Vendor, to any officer or employee of
County with a view toward securing this Purchase Order or favorable treatment with respect to any determination
concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to
pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of
Vendor's default.
10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with county enables such employee to
influence the award of the Purchase Order or any competing agreement, and no spouse or economic dependent of
such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in
this Purchase Order, No officer or employee of Vendor, who may financially benefit from the award of this Purchase
Order shall in any way participate in County's approval or ongoing evaluation of this purchase.
10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be
enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts, which create a
conflict of interest. If Vendor hereafter becomes aware of any facts, which might reasonably be expected to create a
conflict of interest, it shall immediately make full written disclosure of such facts to county. Full written disclosure shall
include, but is not limited to, identification of all persons implicated and a complete description of all
relevantcircumstances.
11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the
laws of the state of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the state of
California for all purposes regarding this Purchase order, and further agrees and consents that venue of any action
hereunder shall be exclusively in the County of Los Angeles, California.
12. INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees
from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any
nature whatsoever arising from or connected with Vendor's operations, goods and /or commodities or services provided
hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged
infringement of any United States patent or copyright or any actual or alleged trade secret disclosure.
283
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD
PAGE
13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of
the County:
a. Vendor has materially breached the Purchase Order; or
b. Vendor fails to timely provide and /or satisfactorily perform any task, deliverable, service. or other work
required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance
requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress
toward a cure within ten (10) working days, (or such longer period as the county may authorize in writing) after receipt
of written notice from the County specifying such failure.
In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such
manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be
liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar
goods and services.
The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Purchase Order.
14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to
any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such
provisions to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein
shall not be exclusive and are in addition to any other rights and remedies in law or equity.
15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable provisions of Federal. State and Local
laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase
Order are hereby incorporated herein by reference.
The Vendor shall indemnify and hold harmless the County from and against any and all liability, damages, costs, and
expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the
part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or
directives
16. NONDISCRIMINATION: By acceptance of this Purchase Order, vendor certifies and agrees that all persons
employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to
or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal
and State anti - discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its
subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or
sex. Vendor shall allow the County access to its employment records during the regular business hours to verify
compliance with these provisions when so requested by the County. If the County finds that any of the above
provisions have been violated, the same shall constitute a material breach of contract upon which the County may
determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor
violates the anti - discrimination provisions of the Purchase Order, the County shall, at its option and in lieu of
termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code
Section 1671, of the greater of ten percent (10 %) of the Purchase Order amount or One Thousand Dollars ($1,000).
17. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control, including,
but not limited to, fire, flood, act of God or restriction of civil or military authority
18. NON - EXCLUSIVITY: Nothing herein is intended nor shall it be construed as creating any exclusive arrangement
with Vendor. This Purchase Order shall not restrict the purchasing Agent from acquiring similar, equal or like goods
and /or services from other entities or sources.
204
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO- SH- 11321410 -1
PAGE
VENDOR NO: 042117 ' 6
VENDOR: BOB WONDRIES FORD
19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not
exceed existing selling prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms and conditions.
20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver
of any other breach or of such provision. Failure of the County to enforce at anytime, or from time to time, any
provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this
provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this
Purchase Order.
21. ACCEPTANCE: Unless explicitly stated by County as otherwise, county may conduct, at its location or any other
County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The
acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole
discretion, reject all or any part of items or services not conforming to the requirements /specifications stated in this
Purchase Order.
22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to county for a period
of two (2) years from the date of delivery of the items to County; If Vendor is unable to so provide spare parts, it shall
provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In
the event of such unavailability. Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare
parts.
23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the
complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all
communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified,
supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade.
Only county's Purchasing Agent can make changes or modifications by issuance of an official change notice.
24. INDEPENDENT CONTRACTOR STATUS: This Purchase Order is by and between the County and the Vendor
and is not intended, and shall not be construed, to create the relationship of agent, servant, employee. partnership,
joint Venture, or association, as between the County and the Vendor. The employees and agents of one party shall not
be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
The Vendor shall be solely liable and responsible for providing to,or on behalf of, all persons performing work pursuant
to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the
payment of any salaries, wages, unemployment benefits, Federal, State or Loeal Taxes, or other compensation,
benefits, or taxes for any personnel provided by, or on behalf of the Vendor. i
The Vendor understands and,agrees that all persons performing work pursuant to this Purchase Order are, for
purposes of workers Compensation liability; solely employees of the Vendor and not employees of the County. he
Vendor shall be solely liable and responsible for furnishing any and all Workers compensation benefits to any person
as a result of any injuries arising from or connected with any work performed by or on behalf of the vendor pursuant to
this Purchase Order.
25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to county free
from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order.
26, TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified.
2 8
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
PAGE
VENDOR NO: 042117
VENDOR • BOB WONDRIES FORD
27. COUNTY LOBBYISTS: The, Vendor, and each County Lobbyist or County Lobbying firm as defined in County
Code section 2.160.910 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County
Code Chapter 2.160, Failure on the part of the Vendor or any county Lobbyist or county Lobbying firm: retained by
the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material beach of this Purchase
Order, upon which the County may in its sole discretion, immediately, terminate or suspend this Purchase Order.
28. CONSIDERATION OF HIRING GAIN /GROW PROGRAM PARTICIPANTS: Should the Vendor require additional
or replacement personnel after the effective date of this Purchase Order, the Vendor shall give consideration for such
employment openings to participants in the county's Department of Public Social Services Greater Avenues for
Independence (GAIN) Program or General Relief Opportunity for work (GROW) Program who meet the Vendor's
minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview
qualified candidates. The County will refer GAIN /GROW participants by job category to the Vendor. In the event that
both laid -off County employees and GAIN /GROW participants are available for hiring, County employees shall be
given first priority.
29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor,
immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in
any form, was offered or given by the, Vendor, either directly or through an intermediary, to any county officer,
employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the
award; amendment, or extension of this Purchase Order or the making of any determinations with respect to the
Vendor's performance pursuant to this Purchase Order In the event of such termination, the County shall be entitled to
pursue the same remedies against the Vendor as it could pursue in the event of default by the vendor.
The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper
consideration. The report shall be made either to the County manager charged with the supervision of the employee
or to the County Auditor - Controller's Employee Fraud Hotline at (213) 974 -0914 or (800) 544 -6861.
Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel,
entertainment, or tangible gifts, or the promise of any of these.
30. SAFELY SURRENDERED BABY LAW; The Contractor shall notify and provide to its employees, and shall require
each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its
implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on
the Internet at www.babysafela_org for printing purposes.
31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD'SUPPORT COMPLIANCE PROGRAM
The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit
financially from the County through Contracts /purchase Orders are in compliance with their court- ordered child, family
and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its
taxayers.
As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the
Contractor's duty under this Contract/purchase Order to comply with all applicable provisions of law, the Contractor
warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal
Social Security Act (42 use Section 653a) and California unemployment Insurance Code Section 1088.5, and shall
implement all lawfuly served Wage and Earnings Witholding Orders or Child Support Services Department Notices of
Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of civil Procedure Section
706.031 and Family Code Section 5246(b).
2 86
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
VENDOR NO: 042117
PAGE
VENDOR: BOB WONDRIES FORD
TERMINATION FOR SREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT
COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the
paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT
COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights
and remedies available to COUNTY under any other provision of this contract/purchase order, failure of
CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which
COUNTY may terminate this contract/purchase order pursuant to "VENDOR'S RESPONSIBILITY AND
DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County code, Chapter 2.202.
32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements of Section 1776 of
the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). The
Contractor and the Contractor's subcontractors shall be responsible to maintain, and make readily available for
inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the
County'under this or any future or successive County Agreement, Contract or, Purchase Order. All certified payroll
records shall indicate that the wage rates are not less than those determined by the State Division of Industrial
Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he /she
performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon
request by the County, arising from and /or relating to any Agreement formulated as a result of this inquiry.
Certified payroll shall be submitted upon request and shall include:
A. Original Document
B. Company Name & Address
C. Account Number /Project Number
D. Project Name and Address
E. Authorizing county Department and Purchase Order or Contract Number
F. Period of Time in which Work is Being Performed
G. Employee Name, Address and Social Security Number
H. Work Classification, Including SUb- classification
I. Hours�Paid
J. Rate of Pay
K. Deductions
L. Payroll Check Number
M. Benefits
N. Signature of Employee Authorized to Certify Payroll
Prevailing wage Scale Wherever required:
A. The Contractor shall comply with all provisions of the Labor Code of the State of California.
B. Under the provisions of said Labor Code. the State Department of Industrial Relations will ascertain the prevailing
hourly rate in dollars and details pertinent thereto for each craft. classification or type of workers or mechanic needed
to execute any Contract that may be awarded by the County.
C. Particulars of the current prevailing wage Scale, which are applicable to the work contemplated under these
specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or
his /her subcontractor.
28
STANDARD TERMS & CONDITIONS I PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
PAGE
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD
D. Current prevailing wage rates may be obtained at:
wwww.dir.ca.gov/DLSR/PWD/Apprentice.htm
Division of Labor Standards Enforcement
455 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102
(415) 703 -4810
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality,
fitness, capacity and experience to satisfactorily perform the contract. It is the, County's policy to conduct business
only with responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires
information concerning the performance of the contractor on this or other contracts which indicates that the Contractor
is not responsible. The County may, in addition to other remedies provided in the contract, debar the Contractor from
bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing
contracts the Contractor may have with the county.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion,that the Contractor has done
any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which
negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other
public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense
which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the
County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in
writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled
date for a debarment hearing before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The
Contractor and /or the Contractor's representative shall be given an opportunity to submit evidence at that hearing.
After the hearing, the Contractor Hearing Board shall prepare a proposed, decision, which shall contain a
recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the
debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing
Board,the Contractor may be deemed to have waived all rights of appeal.
6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board
shall be presented to the Board of Supervisors. The Board of supervisors shall have the right to modify, deny or adopt
the proposed decision and recommendation of the Hearing Board.
7. These terms shall also apply to (subcontractors /subconsultants) of County -Contractors
2
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
PAGE
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD L 10
PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or
manufactured in violation of child labor standards set by the International Labor Organizations through its 1973
Convention Concerning Minimum Age for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal
property bidder sells or supplies to COUNTY, and
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international
child labor conventions.
Should COUNTY discover that any products, goods, supplies or other personal: property sold or supplied by VENDOR
to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide
an alternative, compliant source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this
purchase Order or termination of this Agreement and award to an alternative vendor.
A. Jury Srvice Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ( "Jury
Service program ") as codified in Sections 2.203.010 through 2.203.090 of the' Los Angeles County Code.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as
defined under the Jury Service Program (Section 2.203.020 of the county code) or that contractor qualifies for an
exception to the Jury Service program a(Section 2.203.070 of the County Code), Contractor shall have and adhere to a
written policy that provides that its Employee shall receive, from the contractor, on an annual basis, no less than five
days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such
jury- service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for
jury service.
2. For purposses of this Section, "Contractor" means a person, partnership, corporation or other entity which has a
contract with the County or a subcontract with a County contractor and has received ro will receive an aggregate sum
of $50,000 or more in any 12 -month period under one or more County. Contracts or subcontracts, "Employee" means
any California resident who is a full time employee of Contractor. "Full Time" means 40 hours or more worked per
week, or a lesser number of hours if the lesser number is a recongnized industry standard and is approved as such by
the county. If Contractor uses any subcontractor to perform services for the County under the Contract, The
subcontractor shall also be subject tot he provisions of this section. The provisions of this Section shall be inserted
into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement.
3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor
shall have a continuing obligation to review the applicability of its "exception status" from the Jury Srvice Program, and
Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's
definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program, In either event,
Contractor shall immediately implement a written policy consistent with the Jury Service Program, The County may
also require, at any time during the Contract and at its sole discretion, that Contractor demonstrate to the county's d /or
X89
STANDARD TERMS & CONDITIONS PURCHASE ORDER
ORDER NO: PO -SH- 11321410 -1
VENDOR NO: 042117
VENDOR: BOB WONDRIES FORD =PAGE
that contractor continues to qualify for an exception to the program.
4. Contractor's violation of this Section of the contract may constitut a material breach of the Contract. In the event of
such material breach, County may, in its sole discretion, terminate the Contract and /or bar Contractor from the award
of funture contracts for a period of time consistent with the seriousness of the breach.
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the
Contract or Purchaae Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who
supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures
beyond the Contract or Purchase Order amounts.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole orin part,
without the. prior written consent of County, in its discretion, and any attempted assignment or delegation without such
consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to
the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved
delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the
claims which Contractor may have against County.
B. Shareholders, partners, members, or other equity holders of Contractor mdy transfer, sell exchange, assign, or
divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange,
assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s),
corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the
Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with
applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities; obligations,
or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation,
merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's
express prior written approval, shall be a material breach of the Agreement which may result in the termination of the
Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor
as it could pursue in the event of default by Contractor.
4. l01
Exhibit A
et
4, LOS ANGELES COUNTY
s..m SHERIFF =S DEPARTMENT
VEHICLE SPECIFICATION SHEET
VEHICLE TYPE SHERIFF'S HIGH SPEED, BLACK & WHITE
POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN
BUDGET PERIOD
REQUISITION NO.
QUOTATION NO.
SPEC =S PREPARED BY /
TELEPHONE NO.
END USER, (DEPT. UNIT) /
REPRESENTATIVE
APPROVED BY
(FLEET MANAGER)
VENDOR NAME
VENDOR ADDRESS
VENDOR PHONE #
VENDOR
REPRESENTATIVE
SPECIAL INSTRUCTIONS
10/11
RQN- SH- 11004981
RFB- IS- 11200079
Sergeant Kristi Yeager, CFMB., kjyeager @lasd.org
(323)881-3983
Lt. Vance Duffy
(323) 881 -3982
��ond rie s F ee- Din
Tokn ovivack
The successful vendor must allow the same prices to any additional participating
agency that requests it, through the requested model ear. Bid Rrices must be
guaranteed for the 2011 model year. N ; DUe - eXpivtiv CohCerSivn$
pr► 6Cv t is ov%b opod 466- his 13i cJ . 0
Vehicles shall be of the ma e, lbodel and mechanically equipped as tested and
certified as `High Speed Police Package Vehicles" at the Los Angeles County Sheriff
Department's most recent annual "Law Enforcement Vehicle Test and Evaluation
Program."
Delivery exceeding 120 days may not be accepted.
—I-
,r
291
WARRANTY
l • Warranty to be standard manufacturer =s warranty as supplied with all vehicles
sold by manufacturer.
2. Warranty work will be performed at a dealership in the area in which the vehicle
is assigned.
3. WARRANTY PERIOD WILL START ON THE DAY THAT THE VEHICLE IS
PUT INTO SERVICE BY THE LOS ANGELES COUNTY SHERIFF =S
DEPARTMENT, NOT THE DATE OF VEHICLE DELIVERY. DELAYED
WARRANTY START NOT TO BE LESS THAN EIGHTEEN MONTHS.
4. Use of other than original equipment parts will not void warranty.
5. Warranty card to be delivered to Sheriff =s Fleet Management Unit.
6. All vehicle components substituted or changed after bid is awarded, and any
component deviations initiated at the discretion of vehicle manufacturer must be
warranted by the manufacturer for parts replacement and parts installation. The
warranty shall be effective from the day the vehicle is put into service by
Sheriff =s Department.
EMISSION STANDARDS
Manufacturer's Standard Equipment and all devices necessary to comply with the
Federal Motor Vehicle Safety Standards will be included.
2. Vehicle must comply with all Federal Emission Standards on crankcase, exhaust,
and applicable California State laws on crankcase and fuel emissions.
—2—
a�c6-
GENERAL SPECIFICATIONS AND STANDARDS
1. All equipment furnished will be subject to the approval of the Purchasing Agent,
Director of Internal Services Department and the using Department.
2. The body, finish, and fittings shall be the latest model. They shall be new and not
have been used in demonstrator or other service, and shall be factory standard in
all respects and not in conflict with any specification requirements.
3. All standard equipment is to be included on the vehicle as listed in the 2011
model year brochure.
4. Trade names mentioned in these plans and specifications are not restrictive and
are given only to indicate the type of material which will be acceptable. When
furnishing other than these trade name items, they must be of equal or better
quality, must be indicated in bidder =s proposal, and must be approved by the
Los Angeles County Sheriff =s Department Fleet Manager.
5. All deviation(s) or component change(s) after the bid has been awarded, must first
be proceeded by notification to the Sheriff =s Department Fleet Management Unit
and acceptance /approval must be granted by the Sheriff=s Department =s Fleet
Manager or his/her designated representative.
6. Thirty (30) copies of the Maintenance Service Manual and thirty (30) copies of C S
the electrical wiring diagram manuals must be furnished by the successful —
bidder(s) within 45 days of the receipt of the Purchase Order or payment will be
delayed. In addition, one (1) copy of all Technical Bulletins pertaining to selected
vehicle shall be provided in a timely manner.
7. Bidders shall submit detailed literature of the vehicle they propose to furnish.
8. Failure to submit this information is sufficient cause for rejection of bid.
9. Dealer shall furnish Dealer =s Bill of Sale in the name of:
Los Angeles County Sheriff =s Department
1277 North Eastern Avenue
Los Angeles, California 90063.
10. Successful bidder shall provide within fifteen (15) days verification of dealer
order. Verification is to be forwarded to the Fleet Manager.
11. Dealer to furnish invoice at time of delivery for each vehicle received.
12. Dealer shall furnish a list of all specialized tools and equipment needed for the
repair of the vehicle and/or any related components.
—3—
2 9
PRE - DELIVERY INSPECTION — A PILOT VEHICL 4
1 • Vendor to provide for pilot vehicle inspection at the assembly plant by one
(1) representative of the Los Angeles County Sheriff's Department. All pilot
vehicle inspection travel arrangements shall be direct non -stop flights, between
the most convenient points of both departure and destination. The scheduled
flights will be during normal business hours. All related costs of the pilot vehicle
inspection, including travel, lodging, and meals will be the responsibility of the
vendor. In the event that a vendor representative will not accompany the Sheriff
Department's representative, the dealer will arrange for a rental car to be made
available to the Sheriff Department's representative, and will also provide a per
diem to the Sheriff Department's representative for lodging, meals, and vehicle
rental prior to the actual travel.
2. Inspection to confirm vendor's compliance to vehicle specifications.
�- �3- CA,
DEL — [- -VERY
The vehicles delivered to the Los Angeles County Sheriff=s Department by the
successful bidder will be identical in every detail.
Vehicles will have the dealer preparation service work, normally performed b
the dealer, completed before delivery. Y
Dealer preparation shall include the removal of all window stickers, transport
papers, etc., that are adhered to the windows or any other portion of all vehicles.
Vehicles shall not be delivered with any type of license plate frame or placard
identifying the dealer's name.
4. The final delivery date of the complete order of vehicles shall not exceed 120
days from the date the bid is awarded.
5. Vehicles, upon delivery, will be ready for service.
6. Delivery site of vehicles to be determined at a later date.
7. Vehicles will be delivered with a full tank of fuel.
8. Vehicles will either be delivered with all Anon - installed and/or to be attached
after delivery@, components in the trunk of each respective vehicle, or prior to the
vehicle(s) being delivered, components may be "drop- shipped directly to the
Sheriffs Fleet unit at:
1104 N. Eastern Ave, Door # 50
Los Angeles, CA 90063
9 If any components are "drop- shipped ", the packing slip(s) and/or shipping
ticket(s) must have the corresponding "LA County ISD purchase order number"
as related to the vehicle(s) being purchased, legibly printed on it/them. Shipments
not so marked will be refused.
10. Before any payment for the vehicle(s) is made, "documentation proof' that any
and all, components have been paid for in full by the winning bidder, must be
submitted to the Sheriffs Fleet operations office. Failure to do so will be
considered an incomplete delivery and delay any payment(s).
-5- 293
LIQUIDATED DAMAGES
All time limits stated in the Purchase Order are critical and mandatory. Should the
delivery not be completed on or before the time stipulated, it is mutually agreed by and
between the successful bidder and the Los Angeles County Sheriff =s Department that:
A delay in delivery would seriously affect the public and the operation of the Los
Angeles County; that a reduction in the unit price of twenty -five dollars ($25) per
calendar day for each and every day for each unit which exceeds the delivery time set
forth in the Purchase Order is the nearest measure of damages for each delay that can be
fixed at this time, therefore, the County and the successful bidder hereby establish said
reduction in the unit price of twenty-five dollars ($25) per calendar day for each and
every day of delay for each unit as liquidated damages and not as a penalty or forfeiture
for the breach of agreement to complete delivery by the successful bidder on or before
the time specified in the Purchase Order.
Liquidated damages shall not apply to time elapsing between date of delivery and date of
notification to the successful bidder or rejection of sub - specification material. The above
conditions may be invoked if deliveries exceed the specified time or if replacement of
material not meeting specifications exceed the specified time.
Should the successful bidder be obstructed or delayed in the work required to be done
herewith by changes in the work or by default, act, or omission of the Sheriff =s
Department, or by strikes, fires, acts of God, or by the inability to obtain materials,
equipment or labor due to Federal Government restrictions arising out of the defense or
war program, then the time of completion shall be extended for such periods as may be
agreed upon by the Sheriff =s Department and the successful bidder.
If there is insufficient time to grant such extensions prior to completion date of the
contract, the Sheriff =s Department may, at, the time of acceptance of the work, waive
liquidated damages which may have accrued for failure to complete the work on time,
due to any of the above, after hearing evidence as to the reasons for such delay and
making a finding as to the cause of same.
In the event that the successful bidder is on strike at the time of the award of the bid, the
Sheriffs Department reserves the option to accept the first acceptable bid from a
manufacturer that is not on strike.
—6—
'a ��4&
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN
BIDDER INSTRUCTIONS
Bidders will use box provided at left margin. A check mark therein will be considered
by the Sheriff's Department as indication that bidders are meeting or exceeding that
Portion of the specification. Any deviations of specifications are to be noted by the
bidder to right or specification form under "Bidder's Exceptions': Any "equivalent"
substitution of specified items or parts, must be with the prior approval of the Sheriff's
Fleet Manager.
tRearn frame.
g ine.
eel drive.
Wheel base
[ J 114.6 inches.
Sus ension
PFr,
[ ] IFront -Independent, SLA with ball joint lower, coil spring
and stabilizer bar.
[ ] Rear - 4 bar link, with Watt =s linkage, coil spring, and
stabilizer bar.
Steering
[ )
JPower, rack and pinion steering. Power steering should be
engineered as to provide maximum road feel and handling.
-7-
2911-
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE 4 -DOOR SEDAN
CHASSIS continued TB;IDD;ERS EXCEPTION;
Brakes
[ ]Power disk brakes r PECIFIE
required on both front and rear.
[ ] 4 -wheel Anti -lock brake system (ABS) required.
[ ] Brake performance capacity.*
* Semi - metallic lining or wet and dry performance
equivalent must be furnished. Brake material mi
be exactly as tested and certified at the last L.A.S
Law Enforcement Vehicle Test and Evaluation
Program.
Tires and Wheels
[ ] Five (5) each, radial tires and wheels per vehicle.*
( J Tire size not smaller than P235/55R17.
[ ) Tires must conform to RAttachment 1 ".
[ ] Blackwall tires only, whitewall tires are not acceptable.
[ ] 17" black steel wheels, with factory standard metal center
wheel cap covers.
[ ] All tires supplied shall be of the make and model as tested
and certified at the Los Angeles County Sheriff's
Department "Law Enforcement Vehicle Test and
Evaluation Program."
* "Space Saver" type spare tires not acceptable
10
�C4
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE FULL -SIZE 4 -DOOR SEDAN
DRIVE TRAIN
( ] Fuel injected, water cooled, gasoline.
BIDDERS EXCEPTIONS
AS SPECIFIE
[ J IEngine to be 4.6 liter minimum, V8 SOHC design.
[ ] 1250 horsepower minimum @ 4900 RPM, on 87 octane
gasoline.
[ ] 1297 ft. lb. torque minimum @ 4000 RPM on 87 octane
gasoline.
[ ] IPulley sizes and arrangements identical on all vehicles
delivered.
[ J (Oil filter to be manufacturer =s standard.
[ J (Accessories to be identical on all vehicles delivered.
Cooling System
[ J Radiator must be heavy -duty of sufficient capacity to have
passed all previous heat tests performed during the most
recent Los Angeles County Sheriff s Department "Law
Enforcement Vehicle Test and Evaluation Program."
[ J ICoolant recovery system is required and identical on all
vehicles delivered. *
[ J IAll radiator /coolant hoses to be "EPDM" type, two (2) ply I
pre - formed constructed, to include bypass and heater hose.
[ ]IFactory installed external engine and transmission oil
coolers required.
* Recovery system must be factory- installed type.
Dealer - installed after market systems will not be
acceptable.
295
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE 4 -DOOR SEDAN
DRIVE TRAIN (continued)
BIDDERS EXCEPTIONS
Transmission
Automatic four
�°• rr
[ ]
(4) speed.R
Rear Differential
[ ]
3.27 axle ratio
Fuel Tank
[ ]
The fuel tank capacity shall be sufficient to provide a
minimum cruising range of 300 miles, based on the
Sheriff's Department latest "Fuel Efficiency Evaluation
Test" and still allow a 10% reserve.
ELECTRICAL
[ ]
Dry Cell Battery, 12 volt, negative ground, 930 C.C.A.,
maintenance free. Model # 65 -PC 1750 or Department
Approved Equal
[ ]
Alternator, 200 -amp output minimum.
[ ]
Alternator, 40 -amp output at 700 engine RPM.
[ ]
Ignition, electronic -type.
[ ]
Ignition high tension wiring required to be heat resistant.
[ ]
Wiring on all vehicles to be identical.
—10—
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE. FULL -SIZE. 4 -DOOR SEDAN
BODY
BIDDERS EXCEPTIONS
Exterior
" , 1 F! ED
[ ]
Four -door sedan.
„
[ ]
Framed door windows required.
[ ]
Factory tinted glass throughout.
[ ]
Full body side moldings, including front door, installed.
[ ]
Black and White color scheme. Paint layout will be
provided to successful bidders. No premium for clear -coat
colors.
Interior
[ ]
Driver's and front passenger's side front airbags.
( ]
Front seat side airbags.
[ ]
Padded dashboard, non reflective.
i
[ ]
Rearview mirror, inside (day /night type).
[ J
Gauge cluster (volt, oil pressure, water temperature, and
fuel.)
[ ]
Speedometer head to indicate speeds to 120 MPH and be
accurate +2 MPH at 80 MPH. Certification of speedometer
calibration to be furnished.
[ ]
Cigarette lighter, front only.
[ ]
Second auxiliary 12 volt power outlet in front passenger
area.
( J
Ashtrays in front only.
—11-
�,a C2 b
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLTVF PACKAGE. FULL -SIZE. 4 -DOOR SEDAN
BODY (continued)
BIDDERS EXCEPTIONS
Interior (continued)
[ ]
"Delete" round 5" interior Dome Map Light.
[ J
Vehicle's interior light(s), shall be inoperative when doors .
open, switch controlled.
[ ]
Heavy -duty, black rubber floor matting.
Seats
[ ]
Heavy -duty, 40/40 or 45/45 seats (9" minimum between
seats.)
[ J
Heavy -duty, foam rubber in all seats required.
Upholstery
[ ]
Insulated headliner.
[ ]
Solid or breathable vinyl side panels.
[ ]
Front seats to be heavy -duty cloth, rear seat to be heavy
duty vinyl.
[ ]
Solid vinyl armrests (front only).
[ ]
Color of seats to be selected by Los Angeles County ,
Sheriff's Department and will be the same color in all
Black and White vehicles.
—12— 296
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
Pni.TVV PAf KAGF._ VTJM.-SIZE. 4 -DOOR SEDAN
BODY (continued)
BIDDERS EXCEPTIONS
Trunk
E C I FI F—
[ ]
Gas tank utilized as floor trunk will not be acceptable.
[ ]
Floor mat in trunk.
[ ]
Deck lid, when opened remotely, must be restrained in
order to prevent damage to the hinges.
[ ]
Deck lid must remain in the full open position when
opening manually.
[ ]
Trunk light to be installed and connected to turn on
automatically when deck lid is opened.
11-11'
0-.1all
—13— 2 y i
SPECIFICATIONS — SHERIFF'S HIGH SPEED, BLACK & WHITE,
uni IIVW V A VW AGE_ FiTI J- STZ,F._ 4 -1010OR SEDAN
FACTORY INSTALLED ACCESSORIES
BIDDERS EXCEPTIONS
[ ]
Multiple speed electric windshield wipers with intermitte
feature.
[ ]
Air conditioning, factory- installed.
[ J
Heater, integral with air conditioning.
[ ]
Dual, outside, power, right and left rear view door mount
oo
mirrors, non - glare, not less than 15 square inches of mirror
area. Convex -type is acceptable on right side only.
[ ]
Rear power and/or manual door locks must be inoperable
from rear doors.
[ J
Interior rear door handles must be inoperable.
[ ]
Rear power windows must be inoperable from rear doors
only.
[ ]
Front passenger window to be operable by driver and front
passenger.
[ ]
Vehicles to have spotlights, two (2) each, Unity Model 225,
12 -volt, with Halogen bulbs, 100,000 candle power
minimum, mounted on left and right door post.
Spotlights to be factory- installed or if after market
installation is to be used, factory spotlight prep package
must be ordered and Sheriff s Department must approve of
installer. Spotlights must be wired to fuse panel with
separate fuse for each spotlight or in -line fuse readily
accessible for maintenance.
Fusible link and/or connectors are not acceptable.
—14—
'agla.
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
n.,* Tnr. n A i" TZ A r_L' VI Ti i _Ci7.F. A -nnnR RMAN
—15-
298
-
KEYS AND ENTRY SYSTEMS(S)
BIDDERS EXCEPTIONS
[ J
Single -key locking system in all vehicles, including trunk
and glove compartment.
�,�,'11 I"�".�
[ J
All vehicles keyed identical. NO CHIPPED KEYS.
[ J
All vehicles provided with four (4) keys.
Aluminum keys are not acceptable.
[ ]
NOTE: The key code will be selected when Purchase
Order is awarded.
* After the bid is awarded, the successful bidder shall obtain the
designated key code from Hiroshi Aramaki at (323) 821 -0664.
[ J
Engine compartment hood shall be controlled from inside
the vehicle by a release lever and/or switch, located on the
left side (driver's area) of the vehicle.
[ J
Two (2) electric remote deck lid (trunk) release buttons
shall be installed by the manufacturer. One on the driver's
door, the other on the instrument panel (accessible to the
front passenger.) Remote buttons must be functional only
when ignition is on (ignition powered.)
SPECIALTY ITEMS AND INSTRUCTIONS
[ J
Vehicles to be equipped with radio interference suppression
package, meeting described specifications.
[ ]
Vehicles to be delivered with a full tank of fuel.
[ J
Each vehicle shall be delivered with one seat belt extender.
[
Any manufacturer installed daytime running lights must be
inactivated.
—15-
298
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
Pni.TrF. PACKAGE. FULL -SIZE. 4 -DOOR SEDAN
ADDITIONAL BIDDER SUPPLIED ITEMS
(NOT INSTALLED/ NEW IN- BOXI DELIVERED WITHINBACHVEHICLE)
BIDDERS
EXCEPTIONS
Emergency Vehicle Light Bar:
Included with each vehicle will be a Federal Signal",
Ar ent S2 LED light bar model # 583004S -LASD. z�► '�''
[ ]
Federal Signal light bar adapter kit # HKB -CV92.
Contact: Sam Davis, Regional Manager
Federal Signal Corporation
Phone # (951)202 -5577
Siren Control:
[ ]
Included with each vehicle will be a "Federal Signal ", Smart
Siren control, model # SS2000LASD -F.
[ ]
Park siren deactivator model # UPKM -3.
]
20 ft. of cable, RJI I connector, part # Z146863B.
Contact. Sam Davis, Regional Manager
Federal Signal Corporation
Phone # (951)202 -5577
—16—
aO�bc--
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
nnr TV V v s ru a (_F_ FI 1i .i -RUX- 4 -DOOR SEDAN
ADDITIONAL BIDDER SUPPLIED ITEMS (continued)
(NOT INSTALLED I NEW IN -BOX I DELIVERD WITHIN EACH VEHICLE)
BIDDERS
EXCEPTIONS
Full Width Trunk Radio Tray:
a r�
( ]
Included with each vehicle will be a full width, sliding, radio,
tray, constructed of a 14 -gauge formed steel shelf, with a
minimum of 12- gauge steel channel frame. The unit will be a
welded, one piece frame, requiring no assembly.
[ J
The tray will utilize heavy duty load rated Accuride ball bearing
slides, with a minimum of 220 lb. load rating.
[ ]
The tray will extend 20 ".
[ J
The side mounting brackets of the frame will be pre - drilled such
that they align with existing holes in the trunk of the 2010/2011.
Ford Crown Victoria vehicle. This is to eliminate the need for
any aftermarket drilling.
No exceptions.
[ ]
To prevent possible damage to the radio equipment mounted on
the tray, a 14 -gauge 3/4" diamond perforation steel protective
guard will be mounted to the front edge of the tray. This guard
will be 4" high and extend the full width of the tray. It will be
bolted to the tray and be easily removed if needed.
[ ]
The tray will have a pre - determined hole pattern punched in it.
The hole pattern will be determined/supplied by the Sheriff s
Department Radio Services Unit after the bid is awarded.
[ )
The equipment- mounting surface will measure 42" wide x 23"
deep.
( J
The tray will have two (2) spring - loaded latches that will engage
automatically when the tray is closed.
[ ]
The trays must have a texture powder coat finish, and include all
necessary installation hardware and instructions.
—17—
299
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN
ADDITIONAL BIDDER SUPPLIED ITEMS (continued)
(NOT INSTALLED/ NEW IN -BOX / DELIVERED WITHIN EACH VEHICLE)
BIDDERS
EXCEPTIONS
Full Width Trunk Radio Tray (continued):
[ J
The tray will have a pre - determined hole pattern punched in it.A�
jC"''
The hole pattern will be determined/supplied by the Sheriffs `
Department Radio Services Unit after the bid is awarded.
[ J
The equipment - mounting surface will measure 42" wide x 23"
deep.
[ J
The tray will have two (2) spring- loaded latches that will engage
automatically when the tray is closed.
[ J
The trays must have a texture powder coat finish, and include all
necessary instillation hardware and instructions.
References: ASG Marketing model # C- HD- 00lHBSI -LASD
Contact: Tony Griego, Southern California Sales.
Phone # (714) 715 -1957
Troy Producsts model # AC-CV09TRA Y, AC-CVTRAYFS -ST
(included), AC -FENCE (included).
Contact: Jorge Rojas, Troy Sheet Metal Works, Inc.
Phone # (323) 720 -4100 ext. 25
—18—
ea_q ` (XI
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE FULL -SIZE 4 -DOOR SEDAN
ELECTROMAGNETIC COMPATIBILITY BIDDERS EXCEPTIONS
[ ] Electromagnetic Interference Susceptibility Vehicle is
intended for use in presence of electromagnetic fields I S.
resulting from use of public safety two -way radios.
Vehicle performance shall be affected in any way by
transmissions from a radio and antenna installed in the
vehicle and operating in any of the frequency ranges of 30
to50 -MHZ, 150 to 174 -MHZ, 450 to 512 -MHZ, and 800 to
900 -MHZ and having a radio frequency output no less than
100 -watts. Vehicle performance shall not be affected by
the presence of another vehicle equipped with the above
described radio and operated adjacent to the subject
vehicle. /
Radiated and Conducted Electromagnetic Interference
Vehicle systems and accessories shall be designed to
minimize interference with the use of public safety radio
receivers or electronic sirens or sound amplifiers. The
effective sensitivity of a receiver installed in the vehicle
shall not be reduced by more than the amount tabulated
below for each frequency band.
ALLOWABLE
FREQUENCY BAND DEGRADATION
30 to 50 - MHZ 15d B
150 to 174 - MHZ 5d B
450 to 512 - MHZ 3d B
800 to 900 - MHZ 3d B
Degradation is defined as the difference in effective
receiver sensitivity measured with the vehicle engine and
accessories turned off and that measured with the engine
and accessories turned on. Sensitivity is measured in terms
of the 12 dB Sinad signal as defined in EIA Standard RS-
204. To determine effective sensitivity, the receiver is
connected to the antenna through an isolating tee connector
which allows introduction of the signal generator through
the isolated port. Comparative signal strength readings are
then taken with and without the interference present.
—19—
i
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN
ATTACHMENT #1
TIRE SPECIFICATIONS
These specifications pertain to high -speed tires intended for use on Los Angeles County Sheriff s
Department patrol vehicles and other emergency vehicles in extremely heavy duty applications.
Vehicles range from full size to compact and are occasionally operated at speeds in excess of 100
miles per hour under a wide range of conditions, including ambient temperatures to 120° F.
Tires are to be certified by manufacturer for operation at speeds of 125 miles per hour, or greater.
A. SPECIFICATIONS
a. Tires supplied under this set of specifications shall be new, standard
production tires expressly designed for heavy -duty, high -speed operation.
They must feature exceptional safety, stability, handling, and stopping
characteristics during all types of maneuvers.
b. Tire construction shall be of the radial belted type.
c. Regardless of construction, any fire submitted must be certified for police use
by the tire manufacturer.
d. Tires requiring in excess of 3 -1/2 oz. of counterbalance weights to attain
proper balance will be deemed unacceptable.
e. Tire size will vary to accommodate the needs of the Sheriff =s Department
fleet.
f. All tires supplied shall be of the make and model as tested and certified at the
last Los Angeles County Sheriffs Department"' Law Enforcement Vehicle
Test and Evaluation Program."
—20—
3ol
SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE,
POLICE PACKAGE, FULL -SIZE, 4 -VOOR SEDAN
DELIVERY:
Los Angeles County Sheriff=s Department
Fleet Management Unit
1104 N. Eastern Avenue, Door #50
Los Angeles, CA 90063
(213) 267 -2511
SPECIAL INSTRUCTIONS:
If any components are "drop- shipped ", the packing slip(s) and/or Shipping ticket(s) must have
the corresponding "LA County ISD purchase order number" as related to the vehicle(s) being
purchased, legibly printed on it/them. Shipments not so marked will be refused.
Before any payment for the vehicle(s) is made, "documentation proof' that any and all,
components have been paid for in full by the winning bidder, must be submitted to the Sheriff's
Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any
payment(s).
Upon delivery no dealer decals or license plate identifiers.
Dealer shall notify Sheriff s Department Fleet Unit a minimum of 24 hours prior to delivery.
Vehicle(s) and components will not be accepted after 2:00 pm.
All State of California Department of Motor Vehicle paperwork, and invoicing MUST
accompany each vehicle at time of delivery. There shall be one invoice per vehicle.
At time of delivery, all vehicles MUST meet all specifications as written, NO EXCEPTIONS.
At time of delivery, dealer shall furnish Dealers Report of Sale in the name of:
LOS ANGELES COUNTY SHERIFF =S DEPARTMENT
1277 N. EASTERN AVENUE
LOS ANGELES, CA 90063
—21— 311101-
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: March 15, 2011
AGENDA HEADING: Consent
Consideration and possible action regarding a request from non - profit organization, Broadway
in the Park, to waive the facility rental fees associated with a multi -day special event taking place
July 24, 2011, through August 1, 2011, at the Softball Field in Recreation Park.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve the fee waiver request from "El Segundo Broadway in the Park" for the amount of
$2,178.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS: None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Meredith Petit, Recreation Superintendent
REVIEWED BY: Bob Cummings, Director � ecreation and Parks
APPROVED BY: Jack Wayt, City Manag r�V
BACKGROUND & DISCUSSION:
Returning for a second year, the El Segundo Broadway in the Park group is planning to utilize
Recreation Park's Softball Field during July 2011 to produce a multi -day special event. Similar to
the production in 2010, the event will consist of a non - traditional use of the softball field for several
days to include set -up, technical and dress rehearsals, productions, and break -down. The proposed
dates are July 24, 2011, through August 1, 2011.
Last year's Broadway in the Park was well - received by the public and was commended for bringing
professional theater to the community, showcasing local talent, highlighting the Department of
Recreation and Parks Youth Drama Program, and doing so in a creative, outdoor environment.
Broadway in the Park is a non - profit organization based in El Segundo, and is in the process of
completing the Special Event Permit process with the assistance of the Department of Recreation and
Parks, which includes obtaining a Sound Permit, hiring sub - contractors and vendors, and obtaining the
appropriate licenses for the musical they intend to perform.
On February 16, 2011, the Recreation and Parks Commission approved the program proposal to move
forward with allowing Broadway in the Park to produce the special event at the Softball Field during the
requested dates. The Commission also voted to recommend the City Council review and consider the
fee waiver request. The organization is requesting the fees be waived for the facility rental, $2,178 (78
hours x $25/hr = $1,950 for field rental, 19 hours x $12/hr = $228 in lighting fees). The Department of
Recreation and Parks will require reimbursement from Broadway in the Park to cover expenses
associated with staffing and field renovations, $2,450, yielding no fiscal impact to the City.
3oako.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of the examination plan for Fire Equipment
Mechanic. Fiscal Impact: None.
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Examination Plan for Fire Equipment Mechanic.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
N/A
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ N/A
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: MarthaAijkstra, Human Resources Manager
REVIEWED BY: Deborah Cullen, Finance /Hunan Resources Director
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
In anticipation of the recruitment, testing and selection process to fill the current Fire Equipment
Mechanic vacancy, staff is requesting approval of the following Examination Plan.
Fire Equipment Mechanic
- Structured Technical and Career
Preparation Interview
Fire Equipment Mechanic
- Written Examination
- Structured Technical and Career
Preparation Interview
Examination Plan
Promotional
100%
Open Competitive
Pass /Fail
100%
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of Initiative Ordinance No. 586 in April 1962.
For departments other than Police and Fire, the plan may consist of any one or combination of the
following techniques:
1. Written;
2. Oral;
3. Demonstration; and 31�
4. Any evaluation of education, experience, or skills or physical fitness, wtnicn rainy evaluates LIM
relative capacities of the applicants.
Police and Fire Departments:
The examination plan, for entrance or promotional, for the Police and Fire Departments, shall
consist of a written examination and one or more of the following:
1. Oral;
2. Demonstration; and
3. Any evaluation of education, certification, experience, or skills or any test of manual skills or
physical fitness, which fairly evaluates the relative capacities of the applicant.
304
EL SEGUNDO CITY COUNCIL MEETING DATE: 3/15/2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute a professional
services agreement with Nexus I.S. in the amount of $75,000 to provide technical support
for current projects in the Information Systems division. (Fiscal Impact: $75,000)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to execute a professional services agreement with Nexus
I.S. in the amount not to exceed $75,000.
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $90,000
Additional Appropriation: N/A
Account Number(s): 001- 400 - 2505 -4101
ORIGINATED BY: Brian Evanski, Captai
REVIEWED BY: 0Vlitch Tavera, Chief of Pol' Deborah Cullen, Finance Director
y�APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
In December 2010, the Manager of Information Systems (IS) retired; this position has remained
vacant. Staff planned to supplement staffing needs in the IS Division with consulting resources.
A portion of the identified annual salary and benefits savings ($90,000) from this retirement was
set aside to be used during the 2010 -2011 Fiscal Year.
Technical expertise and project management resources are needed to aid with the implementation
and management of several ongoing critical projects including the City's new Voice Over
Internet Protocol (VOID) telephone system, telephone tree answering system, public downtown
wireless access network, and internal secured wireless network.
30,E
On February 1, 2011, Staff issued a Request for Proposals (RFP) to provide professional
technical services. The RFP was sent to four firms and the following three responses were
received:
1. Nexus I.S. $65.00/hour
2. Ajilon $70.00/hour
3. Prosum Technologies $95.00/hour
Following a review of the responses submitted, Staff recommends Nexus I.S., located in
Valencia, CA, as the optimal choice based on their price per hour and their status of being a
Cisco preferred partner. Staff further recognizes that Nexus I.S. has a good understanding and
knowledge of El Segundo's infrastructure and network systems. Staff will subsequently
interview prospective candidates from Nexus I.S. to determine appropriate personnel for hiring.
Staff recommends that the City retain the services of Nexus I.S. in the form of a professional
services agreement for a six month period, in an amount not to exceed $75,000.
306
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
MEETING DATE: March 15, 2011
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a standard Public Works Contract to Kalban,
Inc., for the 2010 -2011 annual contract for curb, gutter, sidewalk and other minor
improvements at various locations citywide. Approved Capital Improvement Program.
Project No.: PW 11 -01, (Fiscal Impact: $46,997.86 Gas Tax Funds)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a Standard Public Works Contract in a
form as approved by the City Attorney with Kalban, Inc., in the amount of
$46,997.86.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $50,000
Additional Appropriation: No
Account Number(s): 106 - 400 - 8203 -8603
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, Publi Works Director
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
On January 18, 2011, the City Council adopted plans and specifications for the 2010 -2011
maintenance, repair and replacement of curbs, gutters, displaced sidewalks and driveways and
authorized staff to advertise the project for competitive bids. On February 22, 2011, the City
Clerk received and opened four (4) bids as follows:
1. Kalban, Inc. $46,997.86
2. United Paving Company $48,916.98
3. Geronimo Concrete, Inc. $56,378.00
4. S. Parker Engineering, Inc. $64,288.00
The lowest bidder, Kalban, Inc. has successfully completed similar projects for the City. Staff
recommends awarding a standard public works contract to Kalban, Inc. in the amount of
$46,997.86. The total amount ($50,000.00) requested includes the bid amount of $46,977.86 and
an additional $3,002.14 contingency for potential change orders. The Gas Tax Revenue is used
to fund this project. 10
307
CITY MAP 2010 Annual Curb, Gutter
And Sidewalk improvements
City of El Segundo PW 11 -01 UP I
0
m
0
U3 u z
a w a a
w i z w
a z ui a w
> a a $ ¢ >; l�7 w
f U w S w a a f Q z o ui w
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SEPULVEDA BLVD.
w INDIANA CT. INDIANA ST.
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w
E WASHINGTON ST.
WASHINGTON ST. ui
N lO KANSAS ST.
r-i
CALIFORNIA ST.
CALIFORNIA ST.
OREGON ST,
NEVADA ST.
� N
CENTER ST.
CENTER ST. a..
M �+ BUNGALOW DR.
BUNGALOW DR. w
MARYLAND ST.
MARYLAND ST. � O �
M LOMITA ST. M
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MCCARTHY CT. M
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SIERRA PL. SIERRA ST.
aG PENN ST.
.M-I z p
SHELDON ST.
SHELDON ST.
CYPRESS ST. ARENA ST.
EUCALYPTUS DR. ^ EUCALYPTUS DR.
M
� M STANDARD ST.
PEPPER Si. '.{
MAIN ST.
MAIN ST.
CEDAR ST. RICHMOND ST.
CONCORD PL. M N CONCO0.O ST.
VIRGINIA ST.
VIRGINIA ST.
a JWHITING ST.
BAYONNE ST. I m LOMA VISTA ST.
LOMA VISTA ST. w w a z
VALLEY ST. p z z
W Y
2
HILLCREST ST.
w
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a
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> a i
DUNE 5T. ; w ¢ ¢ S 3
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f 3 ;
308
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on -site sale and consumption of alcohol (Type 41 Alcoholic Beverage Control License) at a
new restaurant (Ragin Cajun) located at 2005 Park Place # B -2 (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 41 ABC license at 2005 Park
Place # B -2; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report dated March 10, 2011
4. Approval Letter to Applicant dated March 2, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager CA
REVIEWED BY: Greg Carpenter, Planning V4,Building Safety Director.
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at restaurants, California regulations require a 30 -day review and comment period
after notifying local police and planning departments. The grounds of a protest, if any, should
relate to public health, safety or welfare concerns. Based upon previous Council direction, staff
is providing background information regarding this application.
1 1
309
II. Analysis
According to the most recent Crime and Arrest statistics report (July — December 2010, Exhibit
1) prepared by the Police Department, the proposed restaurant is located in Reporting District
(RD) 318. Based on 2010 reported data prepared by the Police Department, the district had a
total of 22 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
larceny- theft, motor vehicle theft and arson), and 33 Part II crimes. The Reporting District is
considered a high crime area with a total of 55 crimes reported between July and December
2010. However, the Police Department and the Planning and Building Safety Department do not
object to a new ABC license for the proposed restaurant.
This license request will allow the sale of beer and wine in conjunction with the operations of a
restaurant. A request for a new license is required, since no previous alcohol license existed at
the proposed location. The applicant's proposed hours for alcohol sales will be the same as the
hours the restaurant is open. The restaurant's hours of operation are limited to: 11:00 a.m. to
11:00 p.m. Sunday through Thursday, and 11:00 a.m. to 12:00 a.m. Friday through Saturday.
On March 2, 2011, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 910, AUP No. 11 -04) for 2005 Park Place # B -2 making the
necessary Department of Alcoholic Beverage Control finding that the restaurant would serve a
"Public Convenience or Necessity." The Director's decision was forwarded to the Planning
Commission on March 10, 2011. On March 10, 2011, the Planning Commission chose to
Receive and File the item with the conditions of approval.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control. The City's AUP process is separate. The Department of Alcoholic
Beverage Control (ABC) is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to a
new Type 41 ABC license at 2005 Park Place # B -2.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 910\EA -910 AUP 11 -04 CC SR.doc
310
EL SEGUNDO POLICE DEPARTMENT
PART I AND PART II CRIMES STATISTICAL REPORT
REPORTED PERIOD: JULY — DECEMBER, 2010
HIGH CRIME AREA BY REPORTING DISTRICT
REPORTING
DISTRICT
PART I CRIMES
4
PART II CRIMES
8
TOTAL
1
1
3
11
14
106
0
7
7
108
7
13
20
109
3
5
8
110
1
3
4
111
114
5
1
14
10
1 1
11
115
2
8
10
116
1
7
1
10
9
19
204
2
15
17
205
5
16
21
206
3
14
17
4
14
1
0
1
301
5
10
15
1
5
6
303
0
14
14
304
0
9
5
0
12
12
06
3
6
9
3T7-
2
1
3
4
310
2
5
7
11
3
7
1
312
2
4
313
0
0
0
14
1
15
0
12
1
316
3
5
8
17
4
10
14
21
0
5
5
22
0
4
4
323
0
4
4
T TAL
40
9
Number of Reporting Districts = 53
Total Part I Crimes and Part II Crimes =
City Average for all Reporting Districts (930 / 53) = 18
Records /eg Page 1 2/3/2011
311
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: March 10, 2011
SUBJECT: Environmental Assessment No. EA -910 and
Administrative Use Permit No. 11 -04
APPLICANT: Stephen Domingue
Ragin Cajun Cafe, Inc.
PROPERTY OWNER: PES Partners LLC
Dan Crosser
REQUEST: A Request for an Administrative Use Permit to allow
the sale and consumption of alcohol (Type 41
Alcoholic Beverage Control License for beer and
wine) at a new restaurant
PROPERTY INVOLVED: 2005 Park Place #13-2, El Segundo CA
Introduction
The proposed project is a request for an Administrative Use Permit to allow the on-
site sale and consumption of alcohol at a new restaurant within an existing
commercial building located at 2005 Park Place #B -2 in the Commercial Center (C-
4) Zone. The applicant is requesting a Type 41 license from the California
Department of Alcoholic Beverage Control for the on -site sale and consumption of
beer and wine in the restaurant. The Director made the necessary findings to grant
an Administrative Use Permit for the on -site sale and consumption of alcohol and
approved the Administrative Use Permit on March 3, 2010 including the public
convenience and necessity findings (see Exhibit A).
Analysis
Project Description
The subject site is an existing commercial building in the northwest portion of the
Plaza El Segundo shopping center. The applicant proposes to convert 1,428
square feet of the existing building into a new restaurant. No outdoor dining is
313
proposed. The proposed hours of operation are 11:00 a.m. to 11:00 p.m. Sunday
through Thursday, and from 11:00 a.m. to 12:00 a.m. Friday through Saturday.
The interior of the restaurant includes a main dining area and a bar area. The main
dining area will contain 34 seats and the bar will contain 9 seats for a total of 43
seats.
Restaurants are a permitted use in this zoning district in accordance with the
Commercial Center (C -4) Zone and Section 4.1.5 of the Development Agreement by
and between the City of El Segundo and developer of the Plaza El Segundo project.
The proposed use (on -site sale and consumption of beer and wine) requires an
Administrative Use Permit (AUP) in accordance with El Segundo Municipal Code §
15- 5G -4(A).
The following chart is the parking analysis for the proposed uses:
The number of parking spaces required on the subject parcel, based on the
proposed and other current uses, is 56 and the number of spaces provided is 36 (a
shortage of 20 spaces). However, the Development Agreement between the City
and the developer allows parking to be shared across parcel lines. There are 1,939
parking spaces provided in the shopping center, and 1,650 spaces are required (a
surplus of 289 spaces). Therefore, the parking demand from the new restaurantwill
be adequately addressed by the available parking on the subject parcel and the
adjacent parcels in the shopping center.
The restaurant dining hours of operation are limited to: 11:00 a.m. to 11:00 p.m.
Sunday through Thursday, and 11:00 a.m. to 12:00 a.m. Friday through Saturday.
Any change to the hours of operation is subject to review and approval by the
Director of Planning and Building Safety.
2
314
M
o
1111�■�`k(Y
fft
Indoor Dining
649 net SF — 1 Space /75 SF
8.65 Parking Spaces
and Bar
Non - dining area
665 SF —1 Space /250 SF
2.66 Parking Spaces
Total
1,428 net SF
11 Parking Spaces*
Pursuant to El Segundo Municipal Code §15- 15 -3.F, fractional spaces are rounded to the nearest whole
number.
The number of parking spaces required on the subject parcel, based on the
proposed and other current uses, is 56 and the number of spaces provided is 36 (a
shortage of 20 spaces). However, the Development Agreement between the City
and the developer allows parking to be shared across parcel lines. There are 1,939
parking spaces provided in the shopping center, and 1,650 spaces are required (a
surplus of 289 spaces). Therefore, the parking demand from the new restaurantwill
be adequately addressed by the available parking on the subject parcel and the
adjacent parcels in the shopping center.
The restaurant dining hours of operation are limited to: 11:00 a.m. to 11:00 p.m.
Sunday through Thursday, and 11:00 a.m. to 12:00 a.m. Friday through Saturday.
Any change to the hours of operation is subject to review and approval by the
Director of Planning and Building Safety.
2
314
Planning staff reviewed the application and the Director made the necessary
findings to grant an Administrative Use Permit. The attached letter specifies all of
the required findings for the permit.
III. Inter - Departmental Comments
The project applications and plans were circulated to the Police Department, and
Building Division for review. The Departments submitted comments which have
been incorporated in this report (See Exhibit B).
IV. Conclusion
Planning staff recommends that the Planning Commission Receive and File
Administrative Use Permit No. 11 -04.
V. Exhibits
A. Administrative Use Permit No. 11 -04 Approval Letter, dated March 2,
2011
B. Inter - Departmental Comments
C. Applications
D. Plans
Prepared by: Paul Samaras, Principal Planner
Kimberly C tensen, AICP, Planning Manager
Departnr nt f Planning & Building Safety
Greg C r enter, Director
Depa nt of Planning & Building Safety
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Plan ning) \901 - 925 \EA - 910 \EA 910; AUP 11 -04 PC report.doc
3
315
Elected Officials:
Eric K. Busch,
Mayor
Bill Fisher,
Mayor Pro Tom
Carl Jacobson,
Council Member
Don Brann,
Council Member
Suzanne Fuentes,
Council Member
Cindy Mortesen,
City Clerk
Ralph Lanphere,
City Treasurer
Appointed Officials
Jack Wayt,
City Manager
Mark D. Hensley,
City Attorney
Department Directors:
Deborah Cullen,
FlnanceNuman Resources
Kevin Smith,
Fire Chief
Debra Brighton,
Library Services
Greg Carpenter,
Planning and Building
Safety /Economic Dev.
Mitch Tavern,
Police Chief
Stephanie Katsouleas,
Public Works
Robert Cummings,
Recreation 6 Parks
www.elsegundo.org
Z VAN j4pil', W00�4.4'
0 Mi"
Planning & Building Safety Department
March 2, 2011
Bea Silverman
BCI Designs
2892 North Bellflower Boulevard #450
Long Beach, CA 90815
RE: Environmental Assessment No. EA -910 and
Administrative Use Permit (AUP) No. 11 -04
On -Site Sale and Consumption of Beer and Wine in
Conjunction with the Operation of a New Restaurant (Ragin
Cajun) for a (Type 41 State of California Alcoholic Beverage
Control License)
Address: 2005 Park Place #13-2, El Segundo CA
Dear Mrs. Silverman:
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
the Planning Division reviewed your application for the above - referenced
project and the Director of Planning and Building Safety Department
APPROVED Environmental Assessment No. EA -910 and Administrative
Use Permit No. 11 -04 for the on -site sale and on -site consumption of beer
and wine at 2005 Park Place #13-2. 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 -910
Finding 1
The proposed project is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities) and § 15303 as a Class 3 (New
Construction of Small Structures).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
316
Facts in Support of Finding 1
1. The applicant proposes to convert an existing 1,428 square -foot retail space into a
new restaurant use and provide on -site sale and consumption of beer and wine.
The property is in an urbanized development area where it has adequate access
and all public services and facilities are available. The site is currently developed
as a 378,000 square -foot shopping center where it has adequate access and all
public services and facilities are available. The site is in an area that is not
environmentally sensitive. Therefore, the project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality, or water quality.
Administrative Use Permit 11 -04
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide on -site sale and consumption of beer and wine
in a new restaurant. The restaurant will be located in an existing retail building at
2005 Park Place #B -2 in the Commercial Center (C -4) Zone. The building is part
of the Plaza El Segundo shopping center. The restaurant will be approximately
1,428 square feet in area. The restaurant will not include any outdoor dining
areas. The restaurant will contain 34 seats in the general dining area and 9 seats
in the bar area for a total of 43 seats.
2. The minimum number of required parking spaces for the restaurant is 12 parking
stalls which will be provided on -site.
3. The General Plan Land Use designation for the site is Commercial Center. The
zoning for the site is Commercial Center (C -4). Restaurants are permitted in the
Commercial Center (C -4) Zone and on -site sale and consumption of alcohol is
permitted with the approval of an Administrative Use Permit.
4. The Commercial Center (C -4) Zone permits restaurants and the surrounding land
uses include: commercial retail, restaurant, and office uses. The proposed
restaurant will be similar and compatible with the surrounding uses.
5. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of alcohol (Type 41).
6. On March 10, 2011, the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request.
31'7
2
Finding 2
• The proposed use is consistent and compatible with the purpose of the zone it
which the site is located.
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Commercial Center.
2. The zoning for the site is Commercial Center (C -4). Restaurants are a permitted
use in this zoning district. The proposed use (on -site sale and consumption of
beer and wine at a new restaurant) requires an Administrative Use Permit in
accordance with ESMC § 15- 5G -4(B).
3. The purpose of the Commercial Center (C -4) Zone is to provide for developing
commercial establishments (retail and services) serving the City and surrounding
area. The proposed use is consistent with this purpose of the zone in that
restaurant and outdoor dining uses are permitted in the Commercial Center (C -4)
Zone.
4. The proposed use is consistent with the Land Use Element in that the Commercial
Center Land Use Category is intended to permit a mixture of community - serving
retail, restaurants and other commercial service uses in an integrated shopping
center design to serve a broad cross section of the City and surrounding area.
5. The proposed use is consistent with Land Use Element Goal LU4 in that it provides
a stable tax base for the City through development of new commercial uses,
primarily within a mixed -use environment, without adversely affecting the viability
of Downtown.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
7. The surrounding land uses include: commercial retail, restaurant, office, and light
and heavy industrial uses. The proposed restaurant will be compatible with the
surrounding uses.
Finding 3
• The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
318
3
Facts in Support of Finding 3
1. The restaurant will be located inside an existing commercial building and will be
constructed in accordance with all applicable codes and regulations. New
construction is proposed as part of the current request for the alcohol license, but
will be limited to interior remodeling of the existing building. Sufficient parking will
be provided on -site and on a neighboring parcel in compliance with ESMC Chapter
15 -15.
2. The surrounding land uses include commercial retail, restaurant, and office uses,
and light industrial uses. The proposed restaurant is a permitted use within the C-
4 Zone.
3. The restaurant dining hours of operation are limited from 11:00 a.m. to 11:00 p.m.
Sunday through Thursday, and from 11:00 a.m. to 12:00 a.m. Friday through
Saturday. No live entertainment is proposed and the restaurant will be required
to meet the noise and vibration requirements of ESMC § 7 -2 -1. The proposed
hours are similar to those of other businesses in the immediate vicinity. Therefore,
the proposed restaurant will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
4. The issuance of this license at 2005 Park Place #B -2 to Ragin Cajun Cafe, Inc. by
the Alcoholic Beverage Control would serve a "Public Convenience or Necessity"
in that the subject restaurant is located in a regional shopping center where the
alcohol service would be a convenience for patrons of the shopping center. In
addition, the restaurant would serve the City's 16,000 residents as well as the day
time work force population of nearly 70,000 people. The business operation will not
tend to create a law enforcement problem in consideration of the conditions of
approval under which the restaurant must operate.
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant.
2. The proposed hours of operation and alcohol sales are limited from 11:00 a.m. to
11:00 p.m. Sunday through Thursday, and from 11:00 a.m. to 12:00 a.m. Friday
through Saturday. The proposed restaurant is located in a predominantly
commercial area that is not adjacent to any residential uses, which will minimize
noise impacts on sensitive uses.
319
n
3. The proposed restaurant will provide adequate parking on -site and on the
neighboring parcel. In addition, the restaurant is located on the street level within
an existing shopping center, which will make it accessible by pedestrians on site
and limit the vehicular traffic to and from the site.
4. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor impacts
of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
DIRECTOR OF 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 project, subject to the
following conditions:
The restaurant dining hours of operation are limited to: 11:00 a.m. to 11:00 p.m.
Sunday through Thursday, and 11:00 a.m. to 12:00 a.m. Friday through Saturday.
Any change to the hours of operation or the hours that alcohol may be served is
subject to review and approval by the Director of Planning and Building Safety.
2. The restaurant is limited to a maximum of 1,428 square feet with no outdoor dining.
3. 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.
4. Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning and
Building Safety Department.
5. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
3�0
W
6. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
7. The Planning and Building Safety Department and the Police Department must be
notified of any change of ownership of the approved use in writing within 10 days
of the completion of the change of ownership. A change in project ownership may
be cause to schedule a hearing before the Planning Commission regarding the
status of the administrative use permit.
8. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55,
et seq.
9. The applicant must post a sign in a clear and conspicuous location listing a phone
number at which a responsible party may be contacted during all open hours of the
establishment to address any concerns of the community regarding noise in the
restaurant, patio and parking lot. Said contact's name and phone number must
also be available through the restaurant staff at all times.
10. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the bar and restaurant dining areas at eye
level. The sign must be worded in a way that reminds patrons who are consuming
alcohol to designate a non - drinking driver.
11. There must be no exterior advertising of any kind or type including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and complete
a certified training program approved by the State Department of Alcoholic
Beverages Control (ABC) for the responsible sales of alcohol. The training must
be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Inglewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District Office
to ensure proper distribution of beer, wine and distilled spirits to adults of
321
legal age. If any prospective employee designated to sell alcoholic
beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the Director's
decision, or by final project approval, that a date certain has been
scheduled within the local ABC Office to complete the LEAD course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of patrons
and their vehicles one -half hour after closing.
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant and the outdoor patio
area, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
16. The building must not be occupied by more persons than allowed by the California
Building Code, as adopted by the ESMC.
17. The building must comply with California Building and Fire Code requirements, as
adopted by the ESMC.
18. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 910 and Administrative Use Permit No. 11 -04. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of the City approval of EA -910 or AUP 11-
04, the Applicant agrees to defend the City (at the City's request and with counsel
satisfactory to the City) and will indemnify the City for any judgment rendered
against it or any sums paid out in settlement or otherwise. For purposes of this
section "the City" includes the City of El Segundo's elected officials, appointed
officials, officers, and employees.
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its March 10, 2011 meeting. Please be advised that this does not conclude the review
3 22
process. The City Council will determine whether or not to protest the issuance of the
ABC License (Type 41) at its meeting on March 15, 2011.
Should you have any questions, please contact Paul Samaras, Principal Planner, at (310)
524 -2312.
Sinceroly,
Greg 9*pent #, Director
Dep ent of tanning and Building Safety
Cc: Stephen Domingue — Ragin Cajun Cafe, Inc., 2110 Artesia Blvd. #713, Redondo Beach CA 90278
323
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: March 1, 2011
TO: Mitchell Tavera, Police Chief
Sam Lee, Building Safety Manager /Building Official
FROM: Greg Carpenter, Director, Planning and Building Safety
Kimberly Christensen, AICP, Planning Manager
STAFF
PLANNER: Paul Samaras, Principal Planner
SUBJECT: Environmental Assessment No. EA -910 and Administrative Use Permit No.
11 -04
To allow the on -site sale and consumption of beer and wine (Type 41 ABC
License) at a new restaurant ( Ragin Cajun).
Address: 2005 Park Place #13-2
Applicant: Ragin Cajun Cafe, Inc. — Stephen Domingue
Business Name: RaginCajun
Property Owner: PES Partners, LLC
The proposed project involves the conversion of an existing 1,428 square -foot retail space
into a new full service restaurant with alcohol service. The applicant requests approval of an
Environmental Assessment for the project and an Administrative Use Permit to sell beer and
wine for on -site consumption (Type 41 Alcoholic Beverage Control license). The project site
is located in the Commercial Center (C -4) Zone in the Plaza El Segundo shopping center at
the northeast corner of Rosecrans Avenue and Sepulveda Boulevard.
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as
a Class 1 categorical exemption (Existing Facilities). The project consists of converting an
existing 1,428 square -foot retail space into a new restaurant use and providing on -site sale
and consumption of beer and wine. The property is in an urbanized development area where
it has adequate access and all public services and facilities are available. The site is currently
developed as a 378,000 square -foot shopping center where it has adequate access and all
public services and facilities are available. The site is in an area that is not environmentally
sensitive. Therefore, the project is not anticipated to have any significant impacts with regard
to traffic, noise, air quality, or water quality.
Attached for your review and comment is a copy of the application, and plans. Please return
the plans along with any comments by Thursday, March 3, 2011. If you have any
324
questions about the project, please contact Project Planner Paul Samaras at extension 2312.
Please email a copy of your comments psamaras(aDelseaundo.orq.
COMMENTS:
Om imb
Reviewed By:
Signature and Title Date
Encl.: Application
Plans
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \901 - 925 \EA - 910 \EA -910; AUP 11 -04 IDC.doc
321)
City of E1 Segundo
Inter - Departmental Correspondence
March 2, 2011
To: Greg Carpenter, Director of Planning and Building and Safety
From: Mitch Tavera, Chief of Police „.
Subject: Environmental Assessment No. EA -910 and Administrative Use
Permit No. 11 -04
2005 Park Place #13-2
Applicant: Ragin Cajun Caf6, Inc. — Stephen Domingue
Business Name: Rajin Cajun
Property Owner: PES Partners, LLC
During the review process of the above listed ABC License application, the
Police Department reviewed the application and approved its issuance without
comment.
Based upon that process, the Police Department at this time does not intend on
protesting the issuance of this license.
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: March 1, 2011
TO: Mitchell Tavera, Police Chief
Sam Lee, Building Safety Manager /Building Official
FROM: Greg Carpenter, Director, Planning and Building Safety
Kimberly Christensen, AICP, Planning Manager
STAFF
PLANNER: Paul Samaras, Principal Planner
SUBJECT: Environmental Assessment No. EA -910 and Administrative Use Permit No.
11 -04
To allow the on -site sale and consumption of beer and wine (Type 41 ABC
License) at a new restaurant ( Ragin Cajun).
Address: 2005 Park Place #13-2
Applicant: Ragin Cajun Cafe, Inc. — Stephen Domingue
Business Name: RaginCajun
Property Owner: PES Partners, LLC
The proposed project involves the conversion of an existing 1,428 square -foot retail space
into a new full service restaurant with alcohol service. The applicant requests approval of an
Environmental Assessment for the project and an Administrative Use Permit to sell beer and
wine for on -site consumption (Type 41 Alcoholic Beverage Control license). The project site
is located in the Commercial Center (C -4) Zone in the Plaza El Segundo shopping center at
the northeast corner of Rosecrans Avenue and Sepulveda Boulevard.
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as
a Class 1 categorical exemption (Existing Facilities). The project consists of converting an
existing 1,428 square -foot retail space into a new restaurant use and providing on -site sale
and consumption of beer and wine. The property is in an urbanized development area where
it has adequate access and all public services and facilities are available. The site is currently
developed as a 378,000 square -foot shopping center where it has adequate access and all
public services and facilities are available. The site is in an area that is not environmentally
sensitive. Therefore, the project is not anticipated to have any significant impacts with regard
to traffic, noise, air quality, or water quality.
Attached for your review and comment is a copy of the application, and plans. Please return
the plans along with any comments by Thursday, March 3, 2011. If you have any
32P-7
questions about the project, please contact Project Planner Paul Samaras at extension 2312.
Please email a copy of your comments psamaras &- elsegundo.org.
COMMENTS:
C L A ` 7'1 -c=-r °fe "7
Reviewed By:
Signature and Title �t��� °�= ,,.�°€�z Date
Encl.: Application
Plans
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901 - 925 \EA - 910 \EA -910; AUP 11 -04 IDC.doc
2 328
The Environmental Assessment Number is EA -910
The address is 2005 E Park PI
The use is a restaurant
The occupancy is B
The type of construction is V -B
The Building Code used is the 2007 CBC
Comments:
The project is to comply with the corrections under plan check B1220 -10 submitted on
12/08/2010. Changes in the plans will need to be resubmitted for plan check. The
following is a portion of the requirements.
The disabled access seating space and seats are to be clear of all aisle ways. The
disabled access counter area is to be a maximum 34" in height, and 5' in length.
329
5 C$/74
Q
CITY OF EL SEGUNDO
Department of Building Safety
PLAN REVIEW CHECKLIST
p,NG ELES RE6lONq�'.
(LARUC
3 3' 0
Plan Review Checklist v1.0 Page 1 of 3 Updated 6/11/2008
www.icclabc.org
PLAN CHECK
NO.: B1220 -10 EXPIRATION DATE: 5/8/11 STATUS: corrections
_ _
PRO_JECT
ADDRESS: 2005 E Park PI —
- - - - - -- WORK
DESCRIPTION: TI for anew restaurant partitions, ceiling, lighting
zz
APPLICANT'S
-
NAME: Jake Burns TEL. NO.: 310 - 256 -1881
ADDRESS: 121 Sierra St., El Segundo, Ca. 90245 EMAIL:
OCCUPANCY
OCCUPANT
TYPE OF
NO. OF
FIRE
ZUSE
GROUP _— _
FLOOR AREA_
LOAD
CONSTR.
STORIES _
SPRINKLER
8 _
Dining = 52
V -N
1
____yes
restaurant A -2
- - -- - - - -- - - - -- - - -- -
—
- --
- -- - - -L
-- - -- - --
3 �u check
4 check
1st check date _2nd check date
date _
date
12 -13 -10 02/14/11
Your application for a permit, together with plans and specifications, has been examined and you are advised that the issuance of a permit is
withheld for the reasons hereinafter set forth. The approval of plans and specifications does not permit the violation of any sections of the
Building Code or other local ordinances or state laws. Plan check is valid for 180 days from the date of filing, unless a good faith effort has
been pursued to obtain the permit. Sec. 105.3.2.
In an effort to streamline the plan review process, please follow the steps outlined below to ensure that there is no delay in
processing your application and reviewing your responses to these plan check comments.
Revised plans and calculations shall incorporate or address all comments marked on the original checked set of plans,
calculations, and this plan review checklist. Provide a written response to each comment and show where and how it has
been addressed. Identify the sheet number and detail or reference note on the revised plans where the corrections are made.
Additionally, clouding, revision marks, or another method shall identify changes to the plans. Time spent searching for the
N
corrected items on the revised plans or calculations will delay the review and approval process. Once all comments on the
z
p
plans, calculations, and this checklist have been addressed, contact the plan check staff to see if an appointment can be
F-
scheduled or if the plans have to be resubmitted to review the changes made.
U
Walk in appointments are not allowed.
IX
zPLAN
REVIEWER: Randell Kina TEL. NO.: —_ -310- 524 - 2349- - - -_ -_
—
ADDRESS: 350 Main St El Segundo Ca 90245 _
EMAIL: rkina a elsegundo_org WEBSITE:
Should you have any questions or need clarification pertaining to the comments made on your project, you
may contact the plan check staff by telephone from to M T W TH F.
• Bring the original checked set of plans and calculations along with this checklist for the resubmittal /meeting..
Do not resubmit or schedule an appointment with the plan check staff until all comments have been
addressed.
• Incomplete, indefinite or faded drawings or calculations will not be accepted.
w
Numbers within the parenthesis ( ) refer to the section of the applicable code. 2007 California Building Code
p
(CBC). Table (T). 2007 California Plumbing Code (CPC). 2007 California Mechanical Code (CMC). 2007
z
California Fire Code (CFC).
3 3' 0
Plan Review Checklist v1.0 Page 1 of 3 Updated 6/11/2008
www.icclabc.org
�� P,NG EIES REG�pN9t.,
City Qf El SegundoL A R U C P
Department of Building Safety
A. PERMIT APPLICATION
1. Provide an 8 -1/2 "X 11" plot plan with the application \
2. When all required approvals are obtained, the permit application must be signed by the property owner, licensed
contractor, or authorized agent at the time the permit is to be issued:
a. For owner - builder permits: Owner's signature can be verified with owner's driver license. Owner's
representatives must present owner's approval with a notarized letter from the owner.
b. For contractor building permits: Prior to the issuance of a building permit, the contractor shall have the following:
i. Certificate of workers Compensation Insurance made out to the Contractors State License Board.
ii. Copy of Contractors State License or pocket ID.
iii. Copy of city business tax registration certificate or a newly paid receipt for one.
iv. Notarized letter of authorization for agents.
B. ADMINISTRATION
Obtain all approvals /clearances from the following department/bureau /agency noted on item 2, by submitting one
set of drawings to each department. It is necessary to apply immediately for the signoff as it can take
weeks for some departments /bureaus /agencies to review and approve the project. All required
approvals /clearances must be secured prior to permit issuance.
The final set of construction documents must be approved
set of plans to each Department that has corrections:
a. Planning
b. Public Works
c. Fire
d. Police
e. Health dept.
by the following department/bureau /agency, resubmit a
3. Each sheet of the construction documents must bear the signatures, registration number and expiration date of the
registered design professional in responsible charge licensed in the State of California — for the structural plans.
The person in responsible charge of the plans for all other sheets
4. Include the name /address of the registered design professionals and /or consultants on the construction documents
where applicable.
5. 2 set(s) of construction documents will be required during permit issuance. Construction documents must be:
a. Quality blue or black line drawings with uniform and light background color.
b. Max. 36" x 48" size with min. 1/8" lettering size.
c. Sticky back details must produce prints without contrasting shades of background color.
6. Incorporate Best Management Practice Notes with Owners signature into the plans
Additional Corrections:
-- -- r -- - - - - - -- GENERAL
4. Provide complete plans and details for the loft Separate plan check submittal is required.
a) Add a note to the plans that the loft is under as separate permit
I
Plan Review Checklist v1.0
www.icclabc.org
Page 2 of 3
4(t Jej6/11/2008
City of El Segundo
Department of Building Safety
"�5 -K4Gi-iS
(ILARILIC7'
CHAPTER 11
DISABLED ACCESS
14. Show the counter height and length at the bar areas. Counter height is to be a max 34'
i and is to be 5' in length.
5. Seats are not allowed to encroach into the aisle way width
CEILING
T
1. Incorporate notes and details into the plans. ( See handout)
a. Add a note to provide special inspection
- STRUCTURAL
1. Door is now labeled as new. Provide complete framing plans for the door opening.
Include the following:
a. Material specifications
b. Connection
c. Anchor det
1 Show on the p
2. Add a note to
s details
ails — includinq research report number, and note for any special n ections
�s
ENERGY-NEW DOOR
lans the door will have a U-value of .7 or less.
provide weatherstripping
F
_4
4- -
Plan Review Checklist v1.0 Page 3 of 3
www.icclabc.org
332
Updated 6/11/2008
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4- -
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Updated 6/11/2008
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Updated 6/11/2008
Plan Review Checklist v1.0 Page 3 of 3
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332
Updated 6/11/2008
cxnm
a
pC��C�QMC�
Q
0 1 2W
PIANNING DIVISION
City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 524 -2344, FAX: (310) 322 -4167
www.elseoundo.ora
APPLICATION FOR AN ADMINISTRATIVE USE PERMIT
Environmental Assessment No: _ AUP No: H-O q
Applicant
.
F*61M J smug W*• II�tG •
Name (print or type)
Address
City /St/Zip
Check One: Owner ❑ Lessee 19
Property Owner:
Name (prirlt or type) Z0�
+Y�t 1
Address g0266
=Itan �� �
City /Stizip
Date: 'W :z2 -1010
2l* •-rb,+ , tt *14
Representative of aopiiCant: (i.e., attorney ,, etc.)
, A, 911
City/st/Iip
Agent ❑
�1'1.2?� • Ibq�3
Fax
i'�
%Z•!Nt•63GW %2- 40- &SW
Phone Fax
Email
Signature
333
EA -910; AUP 11 -04
2005 Pork P1.
Architect/EnRin ee�r'.
—M-0-4 4—
N me (print or type)
'002 494'
A rd�r�ess�! lvv��Yy�� d
G�V _$%UN�/� r
City /StlZip
07+0.2" • tybl yto. bO. PK 7
Phone Fax
J 240 ,w� .
E I
-J ti Nz;, Signature
Property situated at: SE=E mmewme&r " 1 0`2
(Exact legal description. Provide attachment, if necessary).
General location: PJ*2Ar a ! � between P06 P* MV
Address (Street/Avenue (Street/Avenue)
Zoning: C.4 General Plan Land Use Designation: COW OU" CENr]W-
EI Segundo Municipal Code Sections Relating to Request: C01AMJWW ZONES' C PWV-��
Mama / swrp S Iro.r* -i , MW-02 link? I v. w -*. dl MrW' CIVJLF tZS
pE -iNl* -m **/zo ; mN ar g L o /. wsr"r -K-
Sggu,gst-,, Under the provisions of Section 15 -22 -3 of the El Segundo Municipal Code, application for
consideration of an Administration Use Permit for the above described property.
Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e.,
bank, general office, industrial, restaurant, etc. buildings and other equipment neces ary to the project.
lPAWI Q-1 n IN IOW-IT tL A '11E1I► X tWi�fa�Nl� W!'}'1GN' 11WIDI.tJ� � CONVigGG� *
kN n * WM LO �� pIN ilJ7v {ni,,. �vr' i tea vl
2. Describe the existing development on the site (include squuaarepfo�oy es
t►ages and uses of eaacfhh building).
•.
Z7
2
•, . , . , fir;,
i I 014-1
334
3. Explain in detail why this particular site is especially suited for the proposed development and how it is
compatible with the purpose of the zone.
E111
1X1117
Cc r
4. Describe how the proposed project relates to the development of adjacent properties and the immediate
area and will not have detrimental effects to the adjacent properties or neighborhood.
14p, � � �o y�rr.�oW VIEWW04M aV4*WW 40WWW Frop
MIY>
--
5. Describe the requested hours of operation of the proposed use /uses. Please list hours for each use if there
are multiple uses on the site. If the application is for an alcohol permit, please also clarify if any
entertainment is proposed and what are the requested hours of entertainment.
VWW hoop or 0 Wwc- WtoNb*f- Attu r C i1
To It ' bn k1kkeMy C tI.00 kW1- 12 : &V,. It �. MAO 4X0t oty
�
Et • 00 � tt oo ft) d, MOO +44V W tM wit c �tevr�v rx�
WW
6. I the oplAcation is for an alcohol permit, please list the type of alcohol license you are requesting (i.e., Type
41, On -site Sale and Consumption of beer and wine). 0 #41_ IV
335
NOTE. Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
i� We being duly sworn depose and say that I /we
the OWVIrafn f th e property inv Ived 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 and correct to the best of my /our knowledge and belief.
Signature
STATE OF FORNIA, )
County of Los An )ss.
On his day
in and for said County and Stater na
known to me to be the person whose nait
instrument, and acknowledged to me that
WITNESS my hand and official seal.
/-/(2 -- 0
Date
,20 before me, the undersigned Notary Public
appeared _
subscribe to the within
4
the same.
Public In and for said Counf7Wd State
336
State of California
County of Los Angeles
On January 10, 2011 before me, Natalie Spencer, Notary Public, personally appeared
Daniel D. Crosser who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his 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. ����! ! i !
WTNESS my hand and official seal
M111:4:441 ` •
NATAtIF 17b9 EPEh1759
Connmltglon /► 1 Sl
Notary wale • Caltomla
Los Anq6W CouMY
""16r9o11
(SEAL)
337
I hereby authorize -�► QyftM CVa h" � 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.
ner's Signature - PONS
( OM dww �r
APPLICANT AFFIDAVIT
/-?—</
Date
I, We PMW CAJUN CAFE r 1W. am (are) the APPLICANT(S)
of the property involved in this application; I (we) have familiarized myself (ourselves) with the rules and
regulation of the i o EIS do with respect to preparing and filing this application; and the information
.inns imantc a and correct to the best of my (our) knowledge aryd belief.
plica=Urm ature . WMW Cii M
(
SCc- ATTA e'er &
raR
SJCAlq -rvQC VGkZF)C ,4 'r raN
338
5
State of California
County of
ACKNOWLEDGMENT
On P68 1 10 t I before me, Z N A E a9V
(insert name and title of the officer)
personally appeared "
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he /she/they executed the same in
his/her/their authorized capacitOes), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
im MINIM WITNESS my hand and official seal. rLAOeE C tlor a 11MI
Nfty PuM - Cdbnft
Los Ampkt Court'►
�j La� Comer Nor 14 2013 Signature Y (Seal)
3 39
rl
:
City of El Segundo
p[E(cE�W E0
FE3 01 1911
PLANNING DIVISION
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 5242344; Fax (310) 322 -4167
www.elsWdo.org
I-- ENVIRONMENTAL CHECKLIST
2.
or
P" FIN BlIs I"
initial Study Applicant
EA•910; AUP 11 -04
J4
5, BtRMIIDIAW Of • p.e., attorney exE etc.)
56x2 -424-695 Qa- x{- 21.6355
Phone .SIU/ Nt�►t�1 @ y�t� . Nor
Eri I Sgl
Signature
Nam (print or type) Phone Fax
r' 1 '51ENA& eWr Nar
Property situated at: AM -41119-•0*0 (4ry m
(Exact legal description Including Assessor Parcel Information. Provide
attachment, If necessary).
General Iocadon: %* O OMMir J between ADS�C.�1�N5 f4 J SUIPVU -..
Address (8ftwWAvenue) (StrwWAvenue)
Existing Zoning: C- — General Plan hand Use Designation: 601M EW40 , CONW1
II. � � i�f�1Ni .+�t��l� "' . �.��F �► t72 .t�
for 15.2: t, SIS roll #!
1. Site Area: Bldg Areg: Bldg. Height:�� No. Floors:________,_
Floor Area Ratio (FAR): `"i36&tiOO62C(»sqL52! Percent of lot
coverage by structures: 14–,1* (h W -- 11 )
Fr-i -SAr ( 11Am 1Z
2. Total no. employees: Max. per shift:„ Days/Hours of operation: SUM ( lift . t,
3. Number of on -site parldng spaces provided: O"M if *00
4. Proposed construction scheduling:
S. Will any permits (including a Hazardous Materials Business Plan) be required from agencies
other than the City? (please explain) INVAM DER�TIT; mio J614PI2pyp;
# store, or dispose of potentially hazardous chemicals, materials, toxic
substances, flammables or explosives? (please explain) ,WSW .��jiff
USAMMS .
If yes to either 5 or 6 please describe In detail on a separate sheet.
City of 9 Segundo Initial Study Applicant Questionnalre 17
EXHIBIT B
LEGAL DESCRIPTION
(AS OF THE DATE OF THIS LEASE, PRIOR TO FINAL SUBDIVISION OR REQUIRED DEDICATIONS)
REAL PROPERTY IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
Legal Dowripflon of 29.2 Acre Parcel
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3
SOUTH RANGE 14 WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
BEGINNING AT A POINT IN THE EASTERLY LINE OF SEPULVEDA BOULEVARD, AS
DESCRIBED IN THE FINAL DECREE OF CONDEMNATION RECORDED IN BOOK 13174 AT PAGE
92, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 1040 FEET NORTHERLY,
MEASURED ALONG SAID EASTERLY LINE, FROM THE INTERSECTION OF SAID EASTERLY LINE
WITH THE NORTHERLY LINE OF LOT 4 OF TRACT NO. 1314, AS PER MAP RECORDED IN BOOK
20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE AS FOLLOWS: SOUTH 0' 01' EAST A DISTANCE OF 70.16
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 3050.00 FEET; SOUTHERLY ALONG SAID CURVE A DISTANCE OF 292.78 FEET;
SOUTH 5' 29' WEST A DISTANCE OF 389.98 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST AND HAVING A RADIUS OF 2950.00 FEET; SOUTHERLY ALONG SAID
CURVE A DISTANCE OF 283.18 FEET; AND SOUTH 0' 01' EAST A DISTANCE OF 3.90 FEET TO
THE NORTHERLY LINE OF AFORESAID LOT 4 OF TRACT NO. 1314; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT 4, SOUTH 60' 41' EAST A DISTANCE OF 5.74 FEET TO THE
MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE PACIFIC
ELECTRIC LAND COMPANY, RECORDED IN BOOK 5839, PAGE 185 OF DEEDS, RECORDS OF
SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LAND SO DESCRIBED A
PORTION OF WHICH IS SHOWN ON A MAP FILED FOR RECORD WITH THE DEED RECORDED
IN BOOK 6708 PAGE 304 OF SAID DEED RECORDS, SOUTH 70 ?41' EAST, A DISTANCE OF
219.75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 458.59 FEET; THENCE EASTERLY ALONG SAID CURVE IN SAID NORTHERLY LINE A
DISTANCE OF 475.29 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID
LAND SO DESCRIBED, NORTH 49' 56' 05" EAST A DISTANCE OF 1601.41 FEET TO AN
INTERSECTION WITH A LINE WHICH IS PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST QUARTER AND PASSES THROUGH THE POINT OF BEGINNING; THENCE NORTH
89' 59'30' WEST, A DISTANCE OF 1820.11 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AND GRANTED
IN THE DEED FROM ALLIED CORPORATION, A NEW YORK CORPORATION TO CHEVRON
U.S.A., INC., A CALIFORNIA CORPORATION RECORDED OCTOBER 15, 1984, AS INSTRUMENT
NO. 84- 1233577, OFFICIAL RECORDS ATTACHED THERETO A RESOLUTION OF THE CITY OF EL
SEGUNDO NO. 2030 DATED FEBRUARY 11, 1983, APPROVING SAID LOT LINE ADJUSTMENT.
9/9/104999IW745302C v
EXHIBIT "B" (con't.)
LEGAL DESCRIPTION
Lnal Description Of 8.1 Acre Parcel
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 3
SOUTH RANGE 14 WEST IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE PACIFIC ELECTRIC LAND COMPANY RECORDED IN BOOK 5839,
PAGE 185 OF DEEDS, WITH A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 18, WHICH PASSES THROUGH A POINT IN THE EASTERLY LINE OF
SEPULVEDA BOULEVARD, AS DESCRIBED IN THE FINAL DECREE OF CONDEMNATION
RECORDED IN BOOK 13174, PAGE 92, OFFICIAL RECORDS, SAID POINT BEING 1040 FEET
NORTHERLY, MEASURED ALONG SAID EASTERLY LINE FROM THE INTERSECTION OF SAID
EASTERLY LINE WITH THE NORTHERLY LINE OF LOT 4 OF TRACT NO. 1314, AS PER MAP
RECORDED IN BOOK 20, PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG THE ABOVE MENTIONED NORTHWESTERLY LINE SOUTH 49° 56'
05" WEST A DISTANCE OF 1601.41 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID
NORTHWESTERLY LINE CONCAVE NORTHERLY AND HAVING A RADIUS OF 458.59 FEET;
THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 347.79 FEET TO THE NORTHERLY
LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6706, PAGE 304, OF DEEDS;
THENCE ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LAND THE FOLLOWING
COURSES AND DISTANCES; SOUTH 680 48' 25" EAST 98.98 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 421.07 FEET; THENCE
EASTERLY ALONG SAID CURVE 390.17 FEET; THENCE TANGENT TO SAID CURVE AT ITS POINT
OF ENDING NORTH 58° 06'06" EAST 172.86 FEET; THENCE NORTH 49° 56'05" EAST A DISTANCE
OF 1388.71 FEET TO A POINT WHICH BEARS SOUTH 400 03' 55" EAST FROM THE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 40° 03'55" WEST 200 FEET TO
THE POINT OF BEGINNING.
343
49991V8745302C 1 9/9110
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7. Existing land uses of the subject site and surrounding properties:
• M* W-1 4*0W1; 7 t' W 16. 3
i �=-'.� t- � !A 1:4.�a1
7= .1—
S. Physical Site:
WIN the project modify existing natural features? 140
Estimated cubic yards of grading involved in the project: Cut= Fill__
9. Other public agencies whose approval is
participation agreement, etc.)
(e.g., permits, financing, approval or
1. Describe the project site as it exists before the project, including Information on topography,
soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any
existino structures on the site, and the use of the structures. Attach and label photographs of
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 stones, etc.), and
scale of development (height, frontage, setback, rear yard, etc.). Attach and label photographs
345
city d a Segundo Initial Study Applicant Questionnaire 3 of 17
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"Potentially Signifgnt Impact" as indicated by the checklist on the following pages.
O Aesthetics
• Biological Resources
• Hazards & Hazardous Materials
O Mineral Resources
O Public Services
O UtilideslService Systems
EVALUATION OF BffACTS
D Agricultural Resources
O Cultural Resources
O Hydrology/Water Quality
O Noise
• Recreation
• Mandatory Findings of Significance
O
Air Quality
O
Geology/Sons
O
Land UsclPlanning
O
Population/Housing
0
Transportation /fraffc
I . A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information
sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the
referenced information sources show that the impact simply does not apply to projects like the one involved (e g. the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based on proje - specific factors as well as
general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -
level, indirect as well as direct, and construction as well as operational impacts.
3. The checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less
than significant. "Potentially Significant Impact" is appropriate if there Is substantial evidence that an effect is significant. If there
are one or more "Potentially Significant Impact" entries when the determination is made. an EM is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." You must describe the
mitigation measures, and briefly explain how they reduce the effect to a less thin significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process. an effect has been adequately
analyzed in an earlier EM or negative declaration. Section 15063(cX3)(D). In this case. a brief discussion should identify die
following:
L Earlier Analyses Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the
mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -
specific conditions for the project.
6. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated.
346
City of El Segundo Initial Study Applicant Questionnaire 4 of 17
7. Supporting bftmadon Sources. A source list should be attached, and other sources used or individuals contacted should be cited
in the discussion.
8. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question: and
b. the mitigation measure identified, if any, to reduce the impact to Im than signifcance.
A b deLpritten explanation is required for all of your responses to the following questions except thm ctIWKeo --M impact°. Your
reapotnes must be keyed to the corresponding question (e.g. a response to the first question should begin with "I a" followed by your
numdve response).
347
City of p Segundo Initial Study Applicant Queetionnaire 5 of 17
Issues:
Less than
Significant
Potentially With
Significant Mitigation
Less Than
Significant No
I. AES'THE'TICS. Would the project:
a). Have a substantial adverse effect on a scenic vista?
D D O
b). Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
D
buildings within a state scenic highway?
O O
c). Substantially degrade the existing visual character
/
or quality of the site and surroundings?
O O O [d
d). Crate a new source of substantial light or glare
that would adversely affect day or nighttime views
in the area?
II. AGRICULTURAL RESOURCES. In determining whether
Impacts to agricultural resources are significant environmental
Effects, lead agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997) prepared
By the California Dept. of Conservation as an optional model
To use in assessing impacts on agriculture and farmland.
Would the project:
a). Convert Prime Farmland, or Farmland of Statewide
Importance ( Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
l]
Agricultural use?
O O
b). Conflict with existing zoning or agricultural use, or a
O
Williamson Act contract?
D O
c). Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
O O O
M. AIR QUALITY. Where available, tit significance criteria
Established by the applicable air quality management or air
Pollution control district may be relied upon to make the
Following determinations. Would the project:
a). Conflict with or obstruct implementation of the
/
applicable air quality plan?
b). Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
O O O
•
•
City 61 El Segundo Initfai Study APplioant Ouestiotxtaire 6d 17
IV.
c). Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
nonattaimment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds
for ozone precursors)?
d). Expose sensitive receptors to substantial pollutant
concentrations?
e). Create objectionable odors affecting a substantial
number of people?
BIOLOGICAL. RESOURCES. Would the project:
a). Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status specks in
local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
b). Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local
or regional pima, policies, regulations or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
c). Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
Ltemnptimn, or other means?
d). Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e). Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy
or ordinance?
f). Conflict with the provisions of an adopted Habitat
Conservation Pint, Natural Community Conservation
Plan. or other approved local, regional, or state habitat
Conservation plan?
Less than
Significant
Potentially With Leas Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
O O O
O O O
p O O
O O O W/
O O O W
O O O ID
O O O [Y
349
City of EI Segundo Inldal Study Applloant Questionnaire _ 7 of 17
Issues:
V
VI.
350
City of FJ Segundo Initial Study Applicant Questionnaire --
8 of 17
Less than
Significant
Potentially
with
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
CUMURAL. RESOURCES. would the project:
a).
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 15064.5 of
O
O
O
the Public Resources Code?
b).
Cause a substantial adverse chap in the significance of
an archeological resource pursuant to Section 15064.5 of
O
O
O
the Public Resources Code?
c).
Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
O
O
O
d).
Disturb any human remains, including those interred
outside of formal cerneteries?
O
O
p
GEOLOGY AND SOILS. Would the project:
a).
Expose people or structures to potential substantial
adverse effects. including the risk of loss, injury or
death involving:
i). Rupture of a known earthquake fault, as Mined
on the most recent Alquist- Priolo Earthquake
Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evde=
of a known fault? Refer to Division of Mines and
Geology Special Publication 42.
O
O
p
ii). Strong seismic ground shaking?
O
O
p
iii). Seismic - related ground failure, including liquefaction? O
O
O
iv). Landslides?
O
O
O
(d
b).
Result in substantial soil erosion or the loss of topsoil?
O
O
O
c).
Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on-or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
O
O
O
d).
Be located on expansive soil, as defined in Table IS -I -B
of the Uniform Building Code (1994), creating
substantial risks to life or property?
p
p
p
e).
Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
when sewers are not available for the disposal of waste
water?
p
p
p
350
City of FJ Segundo Initial Study Applicant Questionnaire --
8 of 17
ban":
Leas than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VII. HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
a).
Create a significant hazard to the public or the environment
through the routine transport, use or disposal of hazardous
materials?
O O O d
b).
Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous material into
the environment?
O O O
c).
Emit hazardous emissions or handle or acutely hazardous
materWs, substances, or waste within one - quarter mile of
an existing or proposed school?
O O O
d).
Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
section 65962.5 and, as a result, would it create a
significant hazard to the or the
O O
public environment?
O
e).
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
result in a safety hazard for people working in the project
area?
O O O
0.
For a project within the vicinity of a private air strip,
would die project result in a safety hazard for people
residing or worldng in the project area?
O O O
g).
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
O O O
h).
Expose people or structures to a significant risk of loss,
injury or death involving wiidland fires, including where
wildlands are adjacent to urbanized area or where
residences are intermixed with wildlands?
O O O
VIII. HYDROLOGY AND WATER QUALITY. Would the project:
a).
Violate any water quality standards or waste discharge
its?
O O o
b).
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre - existing nearby wells would drop to a level which
would not support existing land use or planned uses for
which permits have been granted?
O O O g
351
EI Septtndo Initial Study Applicant Questionnaire --
City 4-8'
90f 17
Issues:
Less than
Significant
Potentially With
Less Than
Significant Mitigation
Significant No
Impact Incorporated
Impact umpsc t
c).
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
O O
O
d).
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
flooding on- or off -site?
p
p
p
e).
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
system or provide substantial additional sources or
polluted runoff?
O O
O
f).
Otherwise substantially degrade water quality?
g).
Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
O O
p d
h).
Place within a 100 -year flood hazard area structures which
would impede or redirect flood water?
O O
O
i).
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as
a result of the failure of a levee or dam?
p p
p
j).
Inundation by seiche, tsunami, or mudflow?
O O
O (�
1X. LAND USE AND PLANNINO. Would the project:
a).
Physically divide an established community?
O O
O
b).
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
O O
O
c).
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
O O
O
X. MINERAL RESOURCES. Would the project:
a).
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
p O
O
City of 8 Segundo lnitW Study Applicant Owntionnalre 3 5-24-16-W17 17
Issues:
Less than
Significant
Potentially with
Less Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
b).
Result in the loss of availability of locally - important
mineral resource recovery site delineated on a local
general Plan, specific plan or other land use plan?
O O
O
M. NOISE. Would the project result in:
a).
Exposure of persons to or generation of anise levels in
excess of standards established in the local general plan
or wise ordinance. or applicable standard of other
J
agencies?
b).
Exposure of persons to or generation of excessive
'
groundborne vibration or groundborne noise levels?
O O
O
c).
A substantial permanent increase in ambient wise levels
in the project vicinity above levels existing without the
'
project?
O O
O
d).
A substantial temporary or periodic increase in ambient
wise levels in the project vicinity above levels existing
O O
O
without the project?
e).
For a-project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive wise levels?
O O
O
f1.
For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive wise levels?
O O
O
XQ. POPULA7ION AND HOUSING. would the project:
a).
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of road or other infrastructure)?
O O
O
b).
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
O O
O
c).
Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
O O
O
City of Ei 8equndo Irfitial Study Applicant Questiormaire grj1 o-i 77
Issues:
Less than
Significant
Potentially
with
Las Than
Significant
Mitigation
Significant
No
Impact
Incorporated
impact
Impact
X M. PUBLIC SERVICES. Would the project:
a). Result in substantial adverse physical impacts associated
with the provision of new or physically altered
governmental facilities, need for new or physically
altered governmental facilities, the construction of
which could cause significant environmental impacts, in
order, to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services:
O
Fre protection?
O
D
O
Police protection?
D
O
Schools?
O
O
O
Parks?
Otber public facilities?
O
O
O
)aV. RECREATION. Would the project:
a). Increase the use of existing neighborhood and regional
parks or other recreational facilities such that
substantial physical deterioration of the facility would
occur or be accelerated?
O
O
O
b). Does the project include recreation facilities or
require the construction or expansion of recreational
facilities which have an adverse physical effect on the
environment?
a
O
O
XV. TRANSPORTATIONAMAFFIC. Would the project.
a). Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
sued system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at intersections?
O
O
O
b). Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
/
management agency for designated roads or highways?
D
O
D
l�
c). Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
O
O
O
City of EI Segundo Initial Study Applicant Questionnaire 12 d 17
35��
}
Issues:
d).
Substantially increase boards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e).
Result in inadequate emergency access?
f).
Result in inadequate parking capacity?
g).
Conflict with adopted policies, plans, or programs
Significant
supporting alternative transportation (e.g., bus
Significant
turnouts, bicycle racks)?
XVI. LrM T!'lBS AND SERVICE SYSTEMS. Would the project:
a).
Exceed wastewater treatment requirements of the
impact
applicable Regional Water Quality Control Board?
b).
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
D
facilities, the construction of which could cause
significant environmental effects?
c).
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,
O
the construction of which could cause significant
environmental effects?
d).
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e).
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f).
Be served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal needs?
g).
Comply with federal, state, and local statutes and
regulations related to solid waste?
O O O
D D p
O O D Rf
p O O E
p O O
O O D
p O O
D D O fil�
City of El Segundo htitlal Study Applicant Quests maim 13 of 17
355
LAU than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
impact
p
O
O
p
D
O
O
O
O
O O O
D D p
O O D Rf
p O O E
p O O
O O D
p O O
D D O fil�
City of El Segundo htitlal Study Applicant Quests maim 13 of 17
355
Issues:
Less than
Significant
Potentially
with
Less Tban
Significant
Mitigation
Significant No
Impact
Incorporated
Impact Impact
XVIL MANDATORY FINDINGS OF SIGNIFICANCE
a). Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self - sustaining levels,
threaten to eliminate a plant or animas community.
reduce the number or restrict the range of a ram or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
D
O
b). Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects.)
O
O
O V
c). Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Y
City d El Sogtmdo Initial Study Applicant Cluestionnaire 356 14 of 17
__
OWNER'S AFFIDAVIT
I, We PK affs I _U_4,101� ate being duly sworn depose and say that IIWe am the OWNER of the
property Involved In this application and that Me have familiarized myself (ourselves) with the rules and
regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing
statements herein contained and the information on documents and all plans attached hereto are in all respects
true and correct to the best of my /our knowledge and belief.
STATE OF CMAkORNIA, )
County of Los Ang )ss.
On this
in and for said County and State,
person whose name
that he/she execrated the same.
WITNESS my hand and official seal.
M
-f 20 �_
Signature Date
20----, before me, the undersigned Notary Public
appeared known to me to be the
%-.- subscribed to the within instrument, and acknowledged to me
t
�43
and for said
City of a Segundo —1n& -66* 40c—wt Questionnaire 357 15 of 17
State of Califomia
County of Los Angeles
On January 10, 2011 before me, Natalie Spencer, Notary Public, personally appeared
Daniel D. Crosser who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his 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.
WTNESS my hand and official seal.
NATAI.1 !{PENCE
CommIs"n # 1X691 t
Notary P"c - Calltornla
Lot Ang"s County
Wo0.rt9"nAV16.2ni
(SEAL)
�8.i
AGENT AUTHORIZATION
I hereby authorize M f &to act for me/us In all matters relevant to this application. I
understand that this person will be the exclusive contact on the project and will be sent all information and
correspondence.
Owner's Signature — PM CrIIL.
AGENT AFFIDAVIT
I, We M SIWt-NAMjM 9NMI E being duly sworn depose and say that UWe am the AGENT of the
property involved In this application and that UWe have familiarized myself (ourselves) With the rules and
regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing
statements herein contained and the Information on documents and all plans attached hereto are in an respects
true and correct to the best of my /our knowledge and belief.
/f- A-!i ) I - -5A 0 11 20
Signature Date
MAW
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On this day of 20__--, before me, the undersigned Notary Public
in and for said County and State, personalty appeared known to me to be the
person whose name subscribed to the within instrument, and acknowledged to me
that he /she executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
City of a Segundo Initial Study Applicant Cuestionnake is of 173 J
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On 01 In 11_ before me, Raj Manchanda (Notary Public)
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that 1>le/she /thy executed the same in kix/her /tWr authorized
capacity(ies), and that by him/her /thoir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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. ,� ,� j ,
WITNESS my hand and eal.
Signature of Notary Public
RAJ MANCHANDA�
t0— COMM. #1818148
U NOTARY PUBLIC - CALIFORNIAo.I
CD COUNTY OF LOS ANGELES O
MY Comm. ExOrM oet. 5.20 t2
(Notary Se
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or desctption of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
O
Individual (s)
•
Corporate Officer
(Title)
•
Partner(s)
•
Attomey -in -Fact
•
Trustee(s)
O
Other
2008 version CAPA v 12.10.07 800 - 873 -9865 www.NotaryClasses.com
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document is to be recorded outside q( California. In such instances, any alternative
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of a Professional Services Agreement
with RBF Consulting, to provide environmental review services pursuant to the California
Environmental Quality Act (CEQA) for the Raytheon El Segundo South Campus Specific Plan
Project. (Fiscal Impact: up to $473,628 Developer Reimbursed Trust Fund)
RECOMMENDED COUNCIL ACTION:
1. Approve a budget appropriation of up to $473,628 to provide environmental review services;
2. Authorize the City Manager to execute a Professional Service Agreement for environmental
review services approved as to form by the City Attorney in an amount not to exceed
$473,628; and/or;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. RBF Consulting Cost Proposal
2. RBF Consulting Proposal for Preparation of an Environmental Impact Report for the
Raytheon El Segundo South Campus Specific Plan Project.
FISCAL IMPACT: $473,628
Amount Budgeted: N/A
Additional Appropriation: $473,628
Account Number(s): Developer Reimbursed Trust Fund to be established for this
project
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
� '
REVIEWED BY: Greg Carpenter, Director o ing and Building Safety
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
The City Council previously directed Planning and Building Safety staff to obtain Council
approval on any planning consulting services contracts over $200,000 for the preparation of the
necessary environmental review pursuant to the California Environmental Quality Act (CEQA).
Planning Division staff seeks approval to enter into an agreement for CEQA review of the
Raytheon El Segundo South Campus Specific Plan Project.
On January 12, 2011 the Planning and Building Safety Department distributed a Request for
Proposal for a qualified environmental consultant. The required environmental review is for a
proposed Specific Plan for the 142.28 acre Raytheon site located south of El Segundo Boulevard
12
361
generally between South Sepulveda Boulevard and South Douglas Street. The proposed project
is for a Specific Plan to allow the property to be built out to a .6 floor area ratio (FAR). The
proposed project would allow for up to an additional 1,843,630 net square feet of development in
addition to the existing 1,874,591 net square feet of development on the campus site. The
project entitlements will include a General Plan Amendment, General Plan Map Amendment,
Zone Change, Zone Text Amendment and Specific Plan. The project would also include a
Development Agreement and a Vesting Tentative Tract Map to divide the property into 24
parcels.
The City received proposals from seven (7) qualified planning, urban design and environmental
consulting teams. Based on the firm's understanding of the project scope, technical expertise,
overall qualifications of the project team and budget, the Planning and Building Safety
Department staff interviewed the top three firms, namely, PCR, PBS &J, and RBF Consulting.
Based on the overall qualifications of the project team, current workload and cost proposal,
Planning and Building Safety staff recommends selecting RBF Consulting.
The consultant was asked to prepare a budget based upon the preparation of an Environmental
Impact Report (EIR). As the City has not yet received a formal application submittal from
Raytheon, the consultant was also requested to submit a cost proposal that includes optional
items should the applicant need the City's consultant to provide these services. The optional
items include: 1) a geology and soils technical review, 2) hazardous materials technical review,
and 3) peer review of the infrastructure analysis for the Project. Planning Staff recommends that
the City enter into an agreement in the amount of $473,628, which includes the cost of the EIR
($351,270),, the cost of the additional optional tasks ($43,420), and an additional 20%
contingency allowance because of the complexity of the Project ($78,938). If, through the
review of materials submitted by the applicant, it is determined that the consultant does not need
to complete the optional items then a lower cost will be applicable. In addition, if all or a portion
of the 20% contingency is unnecessary, the cost of the document may be reduced by up to
$78,938. If Council approves the contract award to RBF Consulting, a reimbursement agreement
between the applicant and the City must be executed.
Recommendation
The Planning and Building Safety Department requests that the Council: 1) approve a budget
appropriation of $473,628 from a developer funded trust account for planning consulting
services; and 2) authorize the City Manager to execute a Professional Services Agreement with
RBF Consulting in a form approved by the City Attorney, for a combined total not to exceed
$473,628.
P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 905\EIR Contract\2011 03 15 CC Report Award Env
Contract Raytheon. doc
362
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UPDATED PROPOSAL
FOR CONSULTING SERVICES
Raytheon El Segundo
South Campus Specific Plan
Environmental Impact Report
and Design Review Services
Prepared for:
City of El Segundo
Submitted by:
RBF Consulting
March 8, 2011
36
TABLE OF CONTENTS
I.
Introduction and Understanding of the Project ...................................................
..............................1
1.1 Introduction ...........................................................................................
............................... 1
1
1.2 Statement of RBF's Commitment to the City ........................................
...............................
1.3 Understanding of the Project ................................................................
............................... 2
II.
Scope of Work ...................................................................................................
............................... 5
5
1.0 Project Scoping ....................................................................................
...............................
5
1.1 Project Kick -Off and Project Characteristics ........................... ...............................
1.2 Research and Investigation .....................................................
............................... 5
1.3 Agency Consultation ...............................................................
............................... 5
5
1.4 Preparation of the Initial Study ................................................
...............................
1.5 Notice of Preparation ..............................................................
............................... 6
6
1.6 Scoping Meeting .....................................................................
...............................
6
2.0 Preparation of Administrative Draft EIR ...............................................
...............................
2.1 Introduction and Purpose ........................................................
............................... 6
6
2.2 Executive Summary ................................................................
...............................
2.3 Project Description ..................................................................
...............................
7
2.4 Thresholds of Significance ......................................................
...............................
7
2.5 Cumulative Projects / Analysis ..................................................
...............................
2.6 Environmental Analysis ...........................................................
............................... 7
2.7 Growth Inducement ...............................................................
............................... 19
2.8 Alternatives to the Proposed Action ........................................
.............................19
2.9 Mitigation Monitoring and Reporting Program .......................
............................... 20
2.10 Additional Sections ................................................................
............................... 20
20
3.0 Draft EIR .............................................................................................
...............................
20
3.1 Preliminary Draft EIR ............................................................
...............................
20
3.2 Completion of the Draft EIR ..................................................
...............................
4.0 Final Environmental Impact Report ......................................................
.............................20
20
4.1 Response to Comments ........................................................
...............................
21
4.2 Final EIR ...............................................................................
4.3 Findings and Statement of Overriding Considerations ..........
...............................
............................... 21
5.0 Project Coordination and Meetings ....................................................
............................... 21
5.1 Public Notices .......................................................................
............................... 21
22
5.2 Environmental Review Coordination .....................................
...............................
5.3 Environmental Review Meetings ...........................................
............................... 22
6.0 Environmental Deliverables ...............................................................
............................... 23
24
7.0 Design Review Services ...................................................................
...............................
24
7.1 Meetings /Coordination with City Staff ...................................
...............................
7.2 Specific Plan and Site Plan Review ......................................
............................... 24
7.3 Design Review Memorandum ...............................................
............................... 24
8.0 Optional Tasks ...................................................................................
............................... 25
25
8.1 Geology and Soils Technical Review ....................................
...............................
8.2 Hazardous Materials Technical Review ................................
............................... 25
8.3 Water and Sewer Infrastructure Peer Review .......................
............................... 27
III.
Preliminary CEQA Schedule ...........................................................................
............................... 29
IV.
Summary of Qualifications ..............................................................................
............................... 31
V.
References ........................................................................................................
.............................57
VI.
Project Team ...................................................................................................
............................... 59
VII.
Liability Insurance ............................................................................................
............................... 73
VIII.
Statement of Financial Conditions ...................................................................
............................... 75
IX.
Budget .............................................................................................................
.............................77
0
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1.
1.1
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
INTRODUCTION AND UNDERSTANDING OF
THE PROJECT
INTRODUCTION
RBF Consulting has submitted this Updated Proposal to prepare an Environmental Impact Report
(EIR) to assess potential impacts and identify mitigation measures for the Raytheon El Segundo
South Campus Specific Plan Project in the City of El Segundo. This proposal also responds to the
City's request for Design Review Services. The Draft EIR, Final EIR, and associated work products
will be prepared in accordance with the criteria, standards and provisions of the California
Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.),
California CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the
City of El Segundo Environmental Guidelines, and the regulations requirements and procedures of
any other responsible Public Agency with jurisdiction by law. RBF will, throughout the document,
and where appropriate, relate the proposed Project to the general trends in El Segundo and the
surrounding area.
Each of the issues studied in the EIR will be approached thoroughly in order to fully assess all
potential impacts, establish thresholds of significance, and identify mitigation measures. RBF is the
lead firm for this work program and will provide services from our Corporate Headquarters in Irvine.
Our familiarity with environmental and land use issues involving projects proposing increased land
use intensities in urban communities, coupled with prior Specific Plan environmental review
experience throughout Southern California are key assets that we will offer in order to complete the
environmental clearance for the project.
1.2 STATEMENT OF RBF'S COMMITMENT TO THE CITY
The following affirms RBF's commitment to the City of El Segundo and the proposed work program:
1. The proposed services to be provided by the RBF Consulting team involve the preparation
of environmental compliance documentation, pursuant to the CEQA Guidelines, for the
Raytheon El Segundo South Campus Specific Plan Project in El Segundo, California.
2. RBF Consulting is focused on a comprehensive and complete review process. The RBF
team will provide services, pursuant to the goals set forth by the City, and as detailed in
Section II of this proposal.
3. RBF Consulting will thoroughly address each environmental issue area and will recommend
the appropriate CEQA clearance for the project. RBF Consulting holds as the top priority,
the integrity of documentation and processing, focusing on legal defensibility and full
compliance with CEQA.
4. All aspects of RBF Consulting's proposal, including costs, have been determined
independently, without consultation with any other prospective Consultant or competitors
for the purpose of restricting competition.
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
5. All declarations in RBF Consulting's proposal and attachments are true and constitutes a
warranty, the falsity of which shall entitle the City to pursue any remedy by law.
6. This March 8, 2011 updated proposal by RBF Consulting is binding, if the proposal is
selected and a contract is awarded.
7. The RBF Consulting team agrees to provide the City of El Segundo with any other
information that the City determines to be necessary for an accurate determination of the
Consultant's ability to perform services as proposed.
8. If RBF Consulting is selected for this and all other assignments with the City, RBF
Consulting will comply with all applicable rules, laws and regulations.
9. RBF has a dedicated team whom maintains the in -house Library/Filing Management
System. All project related files are categorized and independently filed to preserve the
integrity of the Administrative Record. Documentation of all project transactions are kept in
a central file readily accessible to project team members. Any public records act or
Administrative Record requests are coordinated with the Lead Agency, and implemented
per applicable laws and regulations.
1.3 UNDERSTANDING OF THE PROJECT
The City of El Segundo is seeking a consultant to prepare an Environmental Impact Report (EIR)
and provide Design Review Services for a Specific Plan involving the 142.28 -acre Raytheon El
Segundo site located south of East El Segundo Boulevard, in the block between South Sepulveda
Boulevard and South Douglas Street. The proposed project would allow for up to an additional
1,843,630 net square feet in development in addition to the 1,874,591 net square feet of
development already located on the campus site. The project entitlements include a General Plan
Amendment, General Plan Map Amendment, Zone Change, Zone Text Amendment and Specific
Plan. The project would also include a Development Agreement and a Vesting Tentative Tract Map
to divide the property into an estimated 24 parcels. There is no current plan for the build -out of the
site, however, it is anticipated that the additional development would be constructed over the
estimated 10 -year term of the proposed Development Agreement.
The proposed overall FAR for the Specific Plan area is 0.6 on a pre- dedication of public right -of -way
basis. As part of the Development Agreement and Specific Plan, it is proposed that Hughes Way
be connected with Nash Street. Some demolition is anticipated in the submitted conceptual site
plan (approximately 16,000 square feet of existing office and warehouse). The draft Specific Plan
would identify uses and conditionally permitted uses. It is anticipated that the Specific Plan would
allow for flexibility in what is ultimately developed at the site. The Specific Plan is anticipated to
also provide the flexibility to Raytheon to dispose of property to other owners to be utilized for uses
allowed in the Plan. It is proposed that all new construction would exceed minimum Cal Green
standards.
The initiation of the CEQA process will involve a detailed scoping process including a review of
issues, constraints and project opportunities. RBF, working closely and in collaboration with City
Staff, will embark on an agency consultation process, which will include a public scoping session,
which will provide an opportunity to obtain a better understanding of key environmental concerns of
concerned agencies and the community, as well as informing the public as to the purpose of the
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
CEQA review and determination process. The Initial Study will be circulated with the Notice of
Preparation for a 30 -day review. Comments received during the review period will be evaluated as
part of preparation of the Draft EIR.
The Draft EIR will include the Introduction and Purpose, Executive Summary and Project
Description. The Environmental Analysis section will evaluate the necessary information with
respect to the existing conditions, the potential adverse effects of Project construction and
implementation (both individual and cumulative), and measures to mitigate such effects.
Environmental issues raised during the scoping process (Notice of Preparation responses; Public
Scoping mailing; and any other relevant and valid informative sources) will also be evaluated. The
environmental analysis section of the EIR will thoroughly discuss the existing conditions for each
environmental issue area; identify short -term and long -term environmental impacts associated with
the project and their levels of significance. Feasible mitigation measures will be recommended to
reduce the significance of impacts and identify areas of unavoidable significant adverse impacts
even after mitigation. The environmental documentation will assist in identifying constraints,
modifications and improvements which may be incorporated into the land planning process. The
EIR will include analysis for the following environmental issue areas:
• Air Quality: Air emissions resulting from demolition, project construction and buildout will
be studied. The project's mobile and area source emissions will be evaluated in accordance
with the South Coast Air Quality Management District's modeling criteria.
Drainage and Water Quality: The RBF team will evaluate alterations to on- and off -site
drainage facilities and water quality impacts. RBF's Hydrology Division will conduct a peer
review of the Applicant's technical study information in order to confirm accuracy and
compliance with CEQA.
• Geology and Soils: Project site conditions, potential constraints and recommendations for
corrections to existing soil and geotechnical conditions will be presented. Two optional
approaches are presented for this section, including peer review of Applicant - prepared
technical studies or independent technical analysis.
Greenhouse Gas /Climate Change: RBF will conduct a greenhouse gas emissions
analysis and a review of consistency with the State's goals for reducing emissions.
Hazards and Hazardous Materials: Based upon available environmental references and
data from the Applicant and City, this section will identify any known existing hazardous
conditions in the project area. Two optional approaches are presented for this section,
including peer review of Applicant - prepared studies or an independent Phase 1 Hazardous
Materials review.
Land Use and Relevant Planning: Consistency with existing policies, standards and
overall compatibility of the project with nearby uses will be studied.
Noise: Project noise impacts to sensitive uses in the vicinity will be addressed. Impacts
along local roadways and to sensitive receptors in the vicinity will be analyzed.
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
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Public Services and Utilities: The ability of existing public services, utilities and
infrastructure to support development and increased demand will require further analysis.
This section will include an SB 610 Water Supply Analysis.
• Traffic and Circulation: RBF will address on- and off -site construction affects traffic level
of service impacts, turning movements, circulation modifications and improvements for
nearby roadways and regional facilities. Optional traffic review tasks have been identified
that are subject to further discussions with City Staff.
• Growth Inducing Impacts: The potential for the Project to induce growth will be evaluated
in accordance with local and regional projections.
• Alternatives: The analysis will evaluate possible impacts associated with alternatives
capable of avoiding or reducing the project impacts. A comparative analysis of impacts for
each alternative with the proposed project will be conducted. A matrix will be utilized to
assist the reader when evaluating impacts.
Cumulative Impacts: A comprehensive review will be conducted.
The scale of the project, as well as its geographical location, requires consideration of
environmental, planning and design criteria. Careful consideration is necessary for on -site
conditions and compatibility of the project with the surrounding community. RBF will serve as an
extension of staff to assure that the entire CEQA process is conducted in a comprehensive manner,
which will include consideration of recent CEQA legislation and requirements of reviewing agencies.
The RBF project management team led by Mr. Glenn Lajoie, AICP and Ms. Rita Garcia, will provide
regular and consistent communications and updates to staff on the progression of the work program
and status of the analysis.
The RBF Team will be viewed as an integral component in the project review and will participate in
meetings with staff and public hearings, as required by the City. The RBF Team will have the
responsibility of leading the public participation program for the environmental review, including the
Public Scoping meeting, Draft EIR public review meeting, and throughout the public hearing
process for certification of the EIR. The RBF Team will assist decision makers and the public in
understanding the analysis, conclusions of the EIR review and guide the CEQA review process.
RBF has served in this role with a countless number of agencies and with a wide range of project's
of great interest to communities.
RBF will complete the environmental review process, respond to all comments received during the
Draft EIR public review period, prepare the mitigation monitoring program and draft the necessary
Findings and possible Statement of Overriding Considerations pursuant to Sections 15091 and
15093 of the CEQA Guidelines. The environmental review process will result in the presentation of
pertinent information associated with Project impacts and findings to the City decision makers for
determination and CEQA certification.
RBF's Design Review Services involve review of the project site plan, draft Specific Plan and
supporting information in order to provide the City with comments and recommendations to
enhance the overall quality of the project. RBF has served in similar roles for high profile master
plan projects in other communities such as Novato, Santa Paula, Tustin and Los Alamitos.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
11, SCOPE OF WORK
The following Scope of Work has been prepared based upon information received by RBF
Consulting. The cost estimate, which is itemized according to task and issue, is included in Section
IX of this proposal.
1.0 PROJECT SCOPING
1.1 PROJECT KICK -OFF AND PROJECT CHARACTERISTICS
The EIR work program will be initiated with a kick -off meeting with City Staff to discuss the project in
greater detail. This initial meeting is vital to the success of the CEQA process and will be a key
milestone in order to confirm the parameters of the analysis, the details of construction proposed
buildout conditions, scheduling and overall communications. Prior to the kick -off, RBF will distribute
a kick -off meeting agenda and detailed memorandum, which will identify information needs. Based
upon the detailed project information obtained at the project kick -off meeting, RBF will draft a
preliminary project description for review and approval by City Staff.
1.2 RESEARCH AND INVESTIGATION
RBF will obtain and review available referenced data for the project area, including policy
documentation from the City of El Segundo, County of Los Angeles, State and Federal agencies,
the Southern California Association of Governments and all other agencies which may be affected
by the Project. This information, along with environmental data and information available from the
City and other nearby jurisdictions, will become part of the foundation of the EIR and will be
reviewed and incorporated into the analysis, as deemed appropriate. This task includes a visit to
the project area, which will include a detailed photographic recording of on- and off -site conditions.
1.3 AGENCY CONSULTATION
As indicated in Section 15083 of the CEQA Guidelines, many public agencies have found that early
consultation solves many potential conflicts that could arise in more serious forms later in the
review process. Although the Notice of Preparation and Public Scoping Meeting will provide that
opportunity, RBF will conduct additional discussions with local, state and federal agencies which will
assist in the early stages of the analysis and issue delineation. This scoping can be an effective
way to bring together and resolve the concerns of affected Federal, State and local agencies as
well as the local community.
1.4 PREPARATION OF THE INITIAL STUDY
The Initial Study will include detailed explanations of all checklist determinations and discussions of
potential environmental impacts. The analysis will be prepared in accordance with Public
Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will be
structured in the same format as Appendix G of the CEQA Guidelines. The Initial Study will contain
a description of the Project, the Project location, and a description of the environmental setting.
The main body of the document will consist of a City- approved environmental checklist and an
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
accompanying environmental analysis. This section will denote the appropriate CEQA action based
upon the Environmental Checklist/Environmental Analysis.
The Project will be analyzed for the potential to create significant environmental impacts in the
areas specified on the City's approved environmental checklist. The Initial Study will also include
mandatory findings of significance, long -term versus short-term goals, cumulative impacts, and
direct and indirect impacts upon human beings.
1.5 NOTICE OF PREPARATION
RBF will prepare, distribute and file the Notice of Preparation (NOP) for the EIR. A Draft NOP will
be prepared and forwarded to City Staff for review and comment. RBF will then finalize the NOP for
distribution. The distribution will be based on a City- approved distribution list to be provided by City
staff. This task includes certified mailing of approximately fifty (50) notices to affected agencies and
interested parties. Comments received in response to the NOP will be evaluated during the
preparation of the EIR.
1.6 SCOPING MEETING
A public scoping meeting, which can also involve Federal, State or other local agencies, will be
scheduled during the NOP public review period, in order that the community can gain an
understanding of the proposed project and provide comments on environmental concerns. The
Scoping Meeting will orient the community on the CEQA review process and will be presented in a
manner which the community can gain a greater understanding of the proposal, intent of CEQA and
the key issue areas to be addressed in the EIR. RBF will provide a PowerPoint presentation,
handouts and presentation -size graphics to supplement the discussion. Following the presentation,
the meeting will be devoted to public participation, questions and comments. Written comment
forms will be provided for this purpose, and these comments, along with oral comments, will
become a part of the administrative record.
2.0 PREPARATION OF ADMINISTRATIVE DRAFT EIR
2.1 INTRODUCTION AND PURPOSE
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of El Segundo
CEQA Implementation procedures for which the proposed project is subject. This section will
identify the purpose of the study and statutory authority as well document scoping procedures,
summary of the EIR format, listing of responsible and trustee agencies and documentation
incorporated by reference.
2.2 EXECUTIVE SUMMARY
The Executive Summary will include a Project Summary, an overview of project impacts, mitigation
and levels of significance after mitigation, summary of project alternatives and areas of controversy
and issues to be resolved. The Environmental Summary will be presented in a columnar format.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
2.3 PROJECT DESCRIPTION
The Project Description section of this EIR will detail the project location, background and history of
the project, discretionary actions, characteristics (addressed in Task 1.1), goals and objectives,
construction program, phasing, agreements, and required permits and approvals that are required
based on available information. This section will include a summary of the Project's local
environmental setting for the project. Exhibits depicting the regional and site vicinity will be included
in this section.
2.4 THRESHOLDS OF SIGNIFICANCE
This section will provide a comprehensive description of thresholds of significance for each issue
area of the environmental analysis. The significance threshold criteria will be described and will
provide the basis for conclusions of significance. Primary sources to be used in identifying the
criteria include the CEQA Guidelines, local, State, Federal or other standards applicable to an
impact category.
2.5 CUMULATIVE PROJECTS /ANALYSIS
In accordance with Section 15130 of the CEQA Guidelines, the EIR will include a section providing
a detailed listing of cumulative projects and actions under consideration for the analysis. The
likelihood of occurrence and level of severity will be studied. The purpose of the section is to
present a listing and description of projects, past, present and anticipated in the reasonably
foreseeable future, even if those projects are outside of El Segundo's jurisdiction. The potential for
impact and levels of significance are contingent upon the radius or area of interaction with the
project area. RBF will consult with City staff and other applicable local jurisdictions to define the
appropriate study area for the cumulative analysis. The cumulative analysis for each topical area
will be incorporated throughout the analysis in Section 2.6.
2.6 ENVIRONMENTAL ANALYSIS
RBF will evaluate the necessary information with respect to the existing conditions, the potential
adverse effects of Project implementation (both individual and cumulative), and measures to
mitigate such effects. Environmental issues raised during the scoping process (Notice of
Preparation responses, Public Scoping Meeting, and any other relevant and valid informative
sources) will also be evaluated. The analyses will be based upon all available data, results from
additional research, and an assessment of existing technical data. These analyses will be
performed by qualified Environmental Analysts, CEQA experts and Planners at RBF.
The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for
each environmental issue area, identify short -term construction and long -term operational impacts
associated with the project and their levels of significance. The impact analysis will be in a
consistent order of environmental factors as Appendix G of the CEQA Guidelines (Aesthetics,
Agricultural, Air Quality, etc.). For each Environmental Factor Analysis Section, the Impacts
Subsection will begin with a list of all issues contained in the Initial Study. The thresholds for
significance shall be identified for every environmental issue. A brief discussion will be provided for
all environmental issues determined to be No Impact or Less Than Significant Impact in the Initial
Study, explaining why these determinations were made and that no further analysis in the EIR is
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Proposal for the Raytheon El Segundo South Campus Specific Plan
PAM Environmental impact Report and Design Review Services
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warranted. The Impact Subsection will provide a detailed analysis of each issue determined to be
Less Than Significant With Mitigation incorporated or Potentially Significant Impact in the same
order as these issues are provided in the Initial Study. For each environmental issue requiring EIR
analysis, the EIR will state the level of significance as determined in the Initial Study, and then
provide the analysis discussion, mitigation measures specific to this environmental issue, and level
of significance after mitigation for that environmental issue. This section will include analysis for the
following environmental issue areas:
A. Air Quality
RBF's air quality staff will provide a thorough and complete assessment of the Project's air quality
impacts. The proposed Project would result in demolition, construction, and operational - related
emissions of air pollutants. In recognition of the need to provide a comprehensive evaluation of the
project's impacts on air quality, RBF's Air Quality Analysis will quantify project emissions and
identify mitigation measures to reduce potentially significant air quality impacts to the extent
feasible. RBF's analysis will primarily follow guidance contained in the South Coast Air Quality
Management District (SCAQMD) CEQA Air Quality Handbook. RBF's scope of work for the air
quality review includes the following:
Existing Conditions. The project is located within the South Coast Air Basin (SCAB), which is under
the jurisdiction of the South Coast Air Quality Management District (SCAQMD). RBF will describe
the meteorological conditions and discuss ambient air monitoring data collected at the nearest
monitoring station which is located at the Los Angeles International Airport. A description of the
regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management
Plan, etc.) will also be provided.
Standards and Conditions. A summary of the relevant policies, rules, and regulations from the U.S.
Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the
SCAQMD will be provided.
Sensitive Reports. An overview of the nature and location of existing sensitive receptors will be
provided. The sensitive receptors would include, but not be limited to residences, schools and
churches in the project vicinity.
Demolition /Construction - Related Emissions. Emissions generated due to demolition and
construction activities will be quantified. A general description of the major phases of construction
and their timing will be required. The air pollutant emissions during demolition and construction will
be compared to the SCAQMD Regional and Local Significance Thresholds. RBF will also
qualitatively discuss naturally occurring asbestos impacts.
Operational Air Emissions. RBF will quantify operational emissions then provide a comparison to
the SCAQMD regional thresholds of significance. The emissions will be quantitatively derived
utilizing the EMFAC2007 and URBEMIS2007 models. Primary sources of emissions will be related
to area sources and local /regional vehicle miles traveled. Project consistency with the SCAQMD's
2007 Air Quality Management Plan for the South Coast Air Basin will be evaluated.
Localized Emissions. Consistent with the SCAQMD environmental justice program and Localized
Significance Threshold (LST) methodologies, RBF will identify impacts using SCAQMD's localized
thresholds or the Ambient Air Quality Standards. RBF will identify mitigation measures, if
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
necessary, to reduce emissions to less than significant levels. Should project traffic warrant Carbon
Monoxide Hotspot modeling, RBF will model intersections utilizing the BREEZE ROADS model. The
analysis will be consistent with the Transportation Project -Level Carbon Monoxide Protocol,
prepared by the Institute of Transportation Studies at the University of California, Davis.
g. Drainage and Water Quality
This task assumes that technical analysis related to drainage and water quality impacts would be
prepared by the Project Applicant. RBF's in -house stormwater specialists will perform a peer
review of the Applicant's studies for technical accuracy, consistency with applicable standards, and
defensibility. RBF will review the reports to ensure that the studies contain a review of existing
documentation, watershed boundary delineation, existing conditions analysis, analysis of proposed
hydrology, analysis of proposed drainage facilities, floodplain impacts, water quality impacts
(WQMP) and NPDES requirements.
This scope includes two rounds of peer review of the hydrology and water quality study and two
comment memos based on the review. After the first round of peer review, a second round would
be performed in order to confirm that initial comments were adequately addressed.
Utilizing the finalized drainage and water quality reports, this impact section will address changes in
absorption rates, drainage patterns, storm drain improvement, and downstream affects. RBF will
also evaluate water quality conditions and identify water quality ( NPDES) techniques /structures in
accordance with local, State and Federal requirements. The potential for the project to degrade
water quality, interfere with groundwater recharge or expose people to water related hazards will be
identified.
C. Geology and Solis
This scope of work assumes that geotechnical documentation would be prepared by the Project
Applicant and provided for use within the EIR. In the event that the Project Applicant does not
provide a site - specific geotechnical study for review, Optional Task 8.1 has been provided for an
independent site - specific geotechnical review and would replace this task.
To assist in ensuring a comprehensive and defensible review of impacts related to geology and
soils, RBF has retained D. Scott Magorien, CEG, for the technical peer review of Applicant -
prepared geotechnical documentation. The peer review would consist of the following:
• A review of relevant geologic /soils data, color aerial photographs, as well as contacting the
City and County Emergency Management Agency to request records of geotechnical
reports associated with construction of the existing building, and the adjacent commercial
developments;
• A technical peer review of the Applicant - prepared geotechnical report for the project for the
purpose of assessing the adequacy of the consultant's evaluation of site - specific geologic
hazards and potentially significant geotechnical constraints, and mitigation measures
associated with the proposed development;
• A review of the most recent proposed grading plan; and
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AML Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
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Site reconnaissance to review on -site geologic conditions.
This effort would include two rounds of peer review, involving an initial letter report that would
address the adequacy of the geotechnical consultant's report in terms of characterization of
geotechnical /geologic hazards and constraints, and associated mitigation recommendations. The
second round of the review would involve an assessment of the adequacy of their responses to
initial peer review comments. No assessment of soil or groundwater contamination is included for
this review.
The finalized geotechnical report would be utilized by RBF to support the conclusions within the
EIR. The impact section will provide a description of existing conditions, potential project impacts
and hazards, and applicable mitigation measures, if necessary.
D. Greenhouse Gas Analysts /Cllmate Change
RBF has developed proprietary models for quantifying and analyzing greenhouse gases (GHG)
from a variety of direct and indirect sources including construction, vehicular traffic, electricity
consumption, water conveyance, and sewage treatment. RBF's analyses recommend innovative
greenhouse gas /air pollutant reduction methods during the construction and operation of a project,
conduct advanced air dispersion modeling, evaluate the potential impacts of air pollutants on
surrounding areas, investigate the use of renewable energy sources /energy efficient products, and
quantify the benefits of resource conservation (i.e., electricity usage, recycling, etc.). The following
outlines RBF's Climate Change Analysis for the proposed project:
Emissions Inventory. RBF will review the land use data associated with the Specific Plan and will
prepare an inventory of the greenhouse emissions (i.e., nitrous oxide, methane, and carbon
dioxide) from both direct and indirect sources. The emissions inventory will be compiled consistent
with the methodology prescribed by the California Air Resources Board (CARB) in the Local
Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas
Emissions Inventories.
The analysis will determine the project's impact by determining if it is consistent with the Assembly
Bill 32 mandate of reducing GHG's by approximately 29 percent beyond "Business as Usual"
conditions. The GHG reduction associated with the Specific Plan's design features will be
quantified utilizing the California Air Pollution Control Officers Association (CAPCOA) methodology
(Quantifying Greenhouse Gas Mitigation Measures — A Resource for Local Government to Assess
Emission Reductions from Greenhouse Gas Mitigation Measures [September 2010]).
Energy Conservation. RBF will analyze the energy implications of the project pursuant to Public
Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. These statutes and
guidelines require CEQA compliance documentation to describe, where relevant, the wasteful,
inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze
energy consumption associated with short-term construction activities, long -term operations,
buildings, and transportation. Additionally, the assessment of environmental impacts on energy
resources will include mitigation measures to reduce inefficient and unnecessary consumption of
energy.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
E. Hazardous Materials
This scope of work assumes that hazardous materials documentation would be provided by the
project applicant for use in the EIR. In the event that the project applicant does not provide
hazardous materials information, Optional Task 8.2 has been provided which involves the
preparation of a Preliminary Hazardous Materials Assessment. This scope includes two rounds of
peer review of the hazardous materials documentation provided by the applicant. After the initial
peer review, a second peer review would occur in order to confirm that the initial comments were
adequately addressed.
RBF's review will focus on the methodology used for the documentation. RBF will discuss the
findings, opinions, and conclusions made in the documentation as it pertains to the CEQA
document. This Task does not include an RBF site inspection, interviews, review of public records,
or completion of other ASTM Standard Practice E 1527 -05 areas that may or may not be present in
the ESA document during the peer review. The finalized hazardous materials reports /information
will be incorporated into the EIR. Existing Conditions, potential project impacts and applicable
mitigation measures will be presented.
F. Land Use and Relevant Planning
In accordance with the City's 1983 specification requiring preparation of a Specific Plan, the project
applicant proposes the El Segundo South Campus Specific Plan. Approval of the Specific Plan
would allow the property to be built up to the permitted 0.6:1 FAR, or an additional 1,843,630
square feet including office, warehousing, light industrial, and retail. Additionally, the project
involves relocating the existing private recreational facilities, a commercial gym and a jogging track.
The proposed project entitlements include a General Plan (Land Use Element) Amendment, in
order to incorporate the Specific Plan, and a General Plan Land Use Map Amendment, in order to
redesignate the site from Light Industrial to El Segundo South Campus Specific Plan. Pursuant to
ESZC Section 15 -26 -1, amendments to the provisions of Title 15 may be undertaken by amending
the Zoning Map or revising the text of the Zoning Title. Accordingly, the project proposes to amend
the Zoning Map (i.e., a Zone Change), in order to rezone the site from M -1, O -S, and P -F to El
Segundo South Campus Specific Plan. Additionally, the project proposes to revise the text of the
Zoning Title (i.e., a Zone Text Amendment), in order to incorporate the Specific Plan text. In
accordance with ELZC Section 15 -3 -2, Specific Plan Zones, the El Segundo South Campus
Specific Plan, if adopted, would function as the zoning code for the property. The project also
proposes a Development Agreement and a Vesting Tentative Tract Map, in order to divide the
property into 24 parcels.
The Land Use and Relevant Planning analysis will establish baseline land use data, including
existing land uses both on- and off -site, and will identify the relevant land use regulations. This
section will also analyze the El Segundo South Campus Specific Plan for consistency with the El
Segundo General Plan and Zoning Code policies and regulations, given the intended uses and
existing entitlements for the property, as well as any pertinent deed restrictions. This section will
also include an analysis of the project's proposed land uses as outlined in Specific Plan Section IV
(Land Use) and a determination of their compatibility with existing and planned uses/ improvements
in the local area. This analysis will consider the surrounding properties, which are zoned Corporate
Office (C -O), Urban Mixed Use North (MU -N) and P -F Zones to the north, M -1 Zone to the east and
south, and O -S and P -F Zones to the west. The review will recommend, as necessary,
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
modifications to the proposed policies, guidelines, and standards specified in Specific Plan Section
V, in order to mitigate potential impacts and incompatibilities. In addition, the regional planning
review will include consistency with the SCAG Regional Comprehensive Plan and Guide Policies.
G. Noise
RBF's in -house acoustical team will conduct the noise analysis. Although the site is situated within
a high -level noise environment, the short -term demolition, construction and ultimate buildout may
affect uses in the local area. In consideration of sensitive receptors in the vicinity, the scope of
work is as follows:
Existing Conditions. RBF will review applicable noise and land use compatibility criteria for the project
area. Noise standards regulating noise impacts in the noise standards for the City of El Segundo will be
discussed for land uses on and adjacent to the project site. RBF will conduct a site visit and take short-
term noise level measurements throughout the project area. Noise monitoring equipment will consist of a
Briiel & Kjaer model 2250 sound level meter (SLM) equipped with Bruel & Kjaer pre - polarized freefield
microphone. The results of the noise measurements will be post - processed and graphically illustrated
with the Briiel & Kjaer Noise Explorer software. The noise monitoring survey will include short-term
measurements at up to four separate locations to establish baseline noise levels in the project area.
Demolition /Construction - Related Noise. Demolition /construction would occur during implementation
of the proposed project. The construction noise impacts will be evaluated in terms of maximum
levels (Lmex) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence.
Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance
specifications of the City of El Segundo. The traffic noise levels from construction workers
accessing the site will be qualitatively evaluated.
Operational Noise Sources. Potential effects of stationary noise sources will be evaluated based on
local land use compatibility standards. Compliance with applicable noise standards will be
evaluated, with recommended mitigation measures included where appropriate.
The proposed project is anticipated to generate vehicular traffic trips from future growth. On- and
off -site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic
Noise Prediction Model (FHWA -RD -77 -108). The analysis will focus on noise impacts associated
with the development of the proposed project. Model input data will include average daily traffic
volumes, day /night percentages of autos, medium and heavy trucks, vehicle speeds, ground
attenuation factors, and roadway widths. The 24-hour weighted Community Noise Equivalent Levels
(CNEL) will be presented in a tabular format. Traffic parameters necessary for the model input will
be obtained from the traffic impact analysis.
H. Public Services and Utilities
RBF will contact potentially affected agencies to confirm relevant existing conditions, project
impacts and recommended mitigation measures. The discussion will focus on the potential
alteration of existing facilities, extension or expansion of new facilities and the increased demand on
services based on the proposed land uses. RBF will evaluate the ability of the project to receive
adequate service based on applicable City and County standards and, where adequate services
are not available, will identify the effects of inadequate service and recommended mitigation
measures. Issues discussed include:
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City of El Segundo
lquAdmbk Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
Public Services:
Solid Waste. Solid waste generation resulting from the proposed uses may impact landfill
capacities. The analysis will establish baseline projections for solid waste, including
composting and recycling for both construction and operation of the project. Project's
compliance with AB 939 will also be addressed.
Fire. The overall need for Fire Services would potentially increase beyond existing conditions
as a result of the project. The Fire Services review will include a review of existing
services /facilities in the area, response times to the sites (which includes hazardous material
responses to emergencies), available fire flow, project impacts and required mitigation.
Police. The Police Service review will focus upon response times to the site, available
personnel and overall protection services. The overall need for police protection services would
increase beyond existing conditions as a result of the project. Mitigation incorporated into the
project design, including lighting, signage and security hardware to further reduce potential
crime activity will be identified.
Schools. Potential impacts to schools focusing on existing conditions, student capacities,
current enrollment and facility locations. Generation rates resulting from the project will be the
basis for the impact analysis. Mitigation measures will be provided to reduce the significance of
impacts.
Parks and Recreation. The review will include overall parkland conditions in the City and
impacts which the project may have on the City park system. Potential impacts will be identified
with mitigation to reduce the significance of impacts.
Public Utilities:
Water. Based upon technical information provided by the City, existing capacities and
deficiencies will be addressed. The on -site potable and non - potable water system conditions
will be presented. Off -site potable and non - potable water storage, pumping and transmission
facilities will be studied. Refer to Task 2.6J regarding the proposed Water Supply Assessment.
Sewer. Based upon technical information provided by the City, existing capacities and
deficiencies will be addressed. Major off -site sewer conveyance, treatment and disposal will be
presented. Project generation, infrastructure connections, easement modifications and
upgrades to the existing system will be studied. Refer to Optional Task 8.3 which pertains to an
infrastructure Peer Review.
Electrical. Existing facilities, project impacts, infrastructure relocation, undergrounding of
overhead lines, easements and necessary mitigation.
Telephone. Existing facilities, project impacts, infrastructure relocated, undergrounding of
overhead lines, easements and necessary.
Gas. Existing facilities, project impacts, infrastructure relocation, easements and necessary
mitigation.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
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Roadway Maintenance. The proposed project may incrementally increase the maintenance of
streets, storm drains, and other below surface facilities. RBF will consult with the project team
and City Public Works Division to ascertain key concerns /impacts due to increased utilization of
area roads.
1. TraHlc and Circulatlon
RBF will prepare a traffic impact analysis for the proposed Raytheon El Segundo South Campus
project. The traffic study will assess the impacts of the proposed project by analyzing forecast trip
generation, distribution, and assignment of the proposed project on the study area circulation
system. As necessary, mitigation measures for identified project - generated traffic impacts will be
recommended in accordance with applicable agency performance criteria and thresholds of
significance. This scope of work is based discussions with City staff and RBF transportation staffs
familiarity with the City of El Segundo and the project site.
Study Conditions. Based on discussions with City staff, the traffic analysis will identify traffic
operations under the following scenarios:
• Existing Conditions;
• Forecast Near -Term Year Without Project Conditions;
• Forecast Near -Term Year With Project Conditions;
• Forecast Long -Range Without Project Conditions; and
• Forecast Long -Range With Project Conditions.
StudyArea. The proposed project could generate approximately 20,000 average daily trips, which
would include approximately 2,500 peak hour trips during both the a.m. peak hour and the p.m.
peak hour. Therefore, as part of the analysis, RBF proposes to count up to 65 study intersections
during the a.m. peak period (7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00
p.m.) on a typical weekday; the list of study intersections can be modified based on discussion with
City staff, along with the fee associated with this proposal accordingly:
Vista Del Mar /Grand Avenue;
Vista Del Mar /Rosecrans Avenue;
• Main Street/Grand Avenue;
• Lomita Street/Grand Avenue;
Kansas Street/Grand Avenue;
Sepulveda Boulevard (SR -1)/ Westchester Parkway;
• Sepulveda Boulevard (SR -1) /Lincoln Boulevard;
• Sepulveda Boulevard (SR -1) /Century Boulevard;
Sepulveda Boulevard (SR -1)/1 -105 Westbound Off -Ramp;
Sepulveda Boulevard (SR -1) /Imperial Highway;
• Sepulveda Boulevard (SR -1) /Walnut Avenue;
Sepulveda Boulevard (SR -1) /Maple Avenue;
Sepulveda Boulevard (SR -1) /Mariposa Avenue;
• Sepulveda Boulevard (SR -1) /EI Segundo Boulevard;
Sepulveda Boulevard (SR -1) /Hughes Way;
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
• Sepulveda Boulevard (SR -1) /Rosecrans Avenue;
• Sepulveda Boulevard (SR -1) /30th Street;
• Sepulveda Boulevard (SR -1) /Marine Avenue;
Sepulveda Boulevard (SR- 1)/18th Street;
• Sepulveda Boulevard (SR -1) /Manhattan Beach Boulevard;
• Hughes Way /Imperial Highway;
Continental Boulevard /Mariposa Boulevard;
• Continental Boulevard /Grand Avenue;
• Continental Boulevard /El Segundo Boulevard;
• Nash Street 1 -105 Westbound Offramp /Imperial Highway;
• Nash Street/Atwood Way;
Nash Street/Maple Avenue;
• Nash Street/Mariposa Avenue;
Nash Street/Grand Avenue;
Nash Street/El Segundo Boulevard;
• 1 -105 Eastbound Onramp /Atwood Way;
• Douglas Street/imperial Highway;
• Douglas Street/Atwood Way;
• Douglas Street/Maple Avenue;
• Douglas Street/Mariposa Avenue;
Douglas Street/El Segundo Boulevard;
Douglas Street/Transit Center;
• Douglas Street/Rosecrans Avenue;
• Aviation Boulevard /Arbor Vitae Street;
• Aviation Boulevard /Century Boulevard;
• Aviation Boulevard /104th Street;
Aviation Boulevard /111th Street;
Aviation Boulevard /Imperial Highway;
Aviation Boulevard /1 -105 Ramps;
• Aviation Boulevard /116th Street;
• Aviation Boulevard /120th Street;
• Aviation Boulevard /124th Street;
• Aviation Boulevard/El Segundo Boulevard;
• Aviation Boulevard /Utah Avenue;
Aviation Boulevard /Alaska Avenue;
• Aviation Boulevard /Rosecrans Avenue;
• Aviation Boulevard /33rd Street;
• Aviation Boulevard /Marine Avenue;
Aviation Boulevard /Space Park Drive;
• Aviation Boulevard /Manhattan Beach Boulevard;
• Isis Avenue /Rosecrans Avenue;
• Hindry Avenue /Rosecrans Avenue;
• 1 -405 Southbound Offramp /Rosecrans Avenue (West);
• 1 -405 Southbound Offramps /Rosecrans Avenue;
1 -405 Northbound Ramps /Rosecrans Avenue;
La Cienega Boulevard /Imperial Highway;
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AgIbIlL Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
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• La Cienega Boulevard /Southbound 1 -405 Ramps;
La Cienega Boulevard/El Segundo Boulevard;
1 -405 Southbound Ramps/El Segundo Boulevard; and
1 -405 Northbound Ramps/El Segundo Boulevard.
This scope of work does not assume vehicle classification traffic count data collection, however
vehicle classification counts can be accommodated for a fee in addition to the fee associated with
this scope of work.
Since some study intersections are located outside of the City of El Segundo, the traffic analysis will
utilize applicable agency performance criteria and thresholds of significance as appropriate. Due to
the overlap of jurisdictions, some study intersections may be analyzed and subject to multiple
jurisdiction traffic impact review. Study intersections within the jurisdiction of Caltrans will be
analyzed in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (State
of California Department of Transportation, December 2002).
Site Visit/Existing Systems Documentation. RBF will visit the study area to document existing
conditions including intersection control, traffic signal phasing, roadway cross - section, speed limits,
parking restrictions, intersection approach lanes, etc. The traffic analysis will include graphics
documenting the existing intersection roadway geometry, and the analysis will utilize existing
geometric conditions to establish a baseline for current operations.
Cumulative Proiects Trip Generation Distribution and Assignment. RBF will coordinate with City of
El Segundo staff representatives to identify a list of approved /pending projects for inclusion in the
traffic impact analysis. The study will identify the number of daily and peak hour trips forecast to be
generated by approved /pending projects, using trip generation rates contained in Trip Generation
(Institute of Transportation Engineers, 8th Edition, 2008) or other source as directed by agency
staff. RBF will manually derive cumulative projects trip generation and assignment data, which will
be reviewed and approved by applicable agency staff for use in the analysis.
Proposed Proiect Trip Generation Trip Distribution and Assignment. The study will identify the
number of daily and peak hour trips forecast to be generated by the proposed project, using trip
generation rates contained in Trip Generation (Institute of Transportation Engineers, 8th Edition,
2008) or other source as directed by the City, including applicable on -site trip capture assumptions
between compatible land use components of the project, such as the office and retail uses, to
reflect the mixed use nature of the proposed project, as well as appropriate pass -by trip
adjustments. Assumptions regarding project trip generation will be reviewed and approved by City
staff prior to inclusion in the analysis.
The traffic study will provide a forecast distribution of project - generated trips, taking into account the
proposed modified roadway circulation system in order to connect Nash Street to Hughes Way,
which may include redistribution of non - projected generated trips as well as project generated trips.
Manual trip distribution and assignment will be reviewed and approved by agency staff prior to
utilization in the analysis.
Roadway Segment Counts. RBF will count up to 65 roadway segments during a 24 -hour period on
a typical weekday within the study area defined by the above identified study intersections.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
Forecast Near -Term Year Traffic Volumes. Forecast near -term year traffic volumes will be based
on either specific cumulative projects traffic data supplied by agency staff, and /or by applying an
annual traffic growth rate provided by the agency staff to adjust existing traffic volumes to the
designated future horizon year. Forecast near -term year conditions will assume planned,
programmed, and funded circulation improvements identified by agency staff, anticipated for
completion by the project opening year.
Existing Plus Project. RBF will provide an "Existing Plus Project" conditions analysis scenario in
light of the recent Sunnyvale West Neighborhood Assn. v. City of Sunnyvale City Council, No.
H035135 (6th Dist., December 16, 2010) decision; it is important to note the two largest cities in the
metropolitan area, Los Angeles and Long Beach, have recently mandated inclusion of an "Existing
Plus Project" analysis scenario in traffic impact analyses for projects under their jurisdiction.
Forecast Long -Range Year Traffic Volumes. Forecast long -term year traffic volumes will be based
on either specific cumulative projects traffic data supplied by agency staff, and /or by applying an
annual traffic growth rate provided by the agency staff to adjust existing traffic volumes to the
designated future long -range horizon year. Forecast long -range year conditions will assume
planned, programmed, and funded circulation improvements identified by agency staff, anticipated
for completion by the long -range horizon year.
Level of Service. The analysis will assess the forecast traffic impacts of the proposed project during
the a.m. peak hour and p.m. peak hour at the 65 study intersections for the analysis scenarios
identified above. The analysis will document operation of the study intersections using both
Intersection Capacity Utilization (ICU) analysis methodology and the Highway Capacity Manual
(HCM) analysis methodology as directed by the City staff to identify potential project - related traffic
impacts. Intersection level of service analysis will be prepared using the TraffixTM software. If the
analysis indicates the proposed project will significantly impact the study intersections based on
agency thresholds of significance, mitigation measures will be recommended in accordance with
established agency performance criteria. The analysis will document forecast operating conditions
after implementation of recommended mitigation measures.
State HighwavAnalvsis. The Caltrans traffic studies guide requires review of substantial individual
projects, which may on their own impact the State Highway transportation system. This State
Highway analysis will be prepared in accordance with the Caltrans Guide for the Preparation of
Traffic Impact Studies (State of California Department of Transportation, December 2002),
assuming the State Highway analysis study area will consist of only the State Highway intersections
in the study area. Study intersections will be analyzed as discussed in the Level of Service section
above. This scope of work assumes no freeway mainline or freeway ramp analysis is required.
The analysis will assess the forecast traffic impacts of the proposed project at the State Highway
study facilities for the peak hours and analysis scenarios identified above in the study scenarios
section. The analysis will document operation of the study intersections for the analysis scenarios
to identify potential project - related traffic impacts using the Highway Capacity Manual (HCM) 2000
analysis methodology.
If the State Highway analysis shows the proposed project will significantly impact a State Highway
facility based on Caltrans thresholds of significance, mitigation measures will be recommended in
accordance with Caltrans performance criteria. The analysis will also document forecast operating
conditions after application of any recommended mitigation measures.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
Freeway Ramp Analysis. RBF will analyze and document the number of vehicles utilizing the
thirteen (13) study area freeway ramp locations as well as queuing operation of the study area
freeway ramps (vehicles waiting to transition from ramps to freeway segment/surface street),
including floating vehicles observations for a two -hour period in the a.m. and a two -hour period in
the p.m. for existing conditions and existing plus project conditions scenarios.
Freeway Mainline Analysis. RBF will analyze up to ten (10) freeway mainline segments for mainline
density, as well as merge /diverge for the analysis scenarios.
County Congestion Management Program Analysis. The analysis will analyze potential project
impacts as applicable as required by the County of Los Angeles Congestion Management Program
(CMP). If the CMP analyses shows the proposed project will significantly impact a CMP study
facility based on applicable CMP agency thresholds of significance, mitigation measures will be
recommended in accordance with applicable agency performance criteria.
Parking Analysis. RBF will prepare a parking analysis to determine whether the parking provided
by the proposed project adequately satisfies City of El Segundo municipal (parking) code. This
scope of work does not assume preparation of a share parking analysis.
Metro Green Line Mode SplitAnalysis. RBF will evaluate a trip mode split for the proposed project
taking into account potential site employee /visitor ridership of the Metro Green Line due to the
proximity of the El Segundo Metro Green Line Station at the northeast area of the project site. The
overall assumptions for this task will be reviewed with City staff for input, and therefore, are subject
to refinement. This scope of work assumes coordination with MTA staff on available future
ridership projections for the Green Line under both its current configuration as well as potential
future southerly extension in the South Bay and northerly extension (LAX/Crenshaw Line) as related
to the project site. Additionally, potential survey results provided by Raytheon of their employees to
determine the number /percent of their current employees utilizing the Metro Green Line El Segundo
Station could be used determine the proportion of future employees forecast to utilize the Metro
Green Line. The results of the mode split analysis would be utilized to reduce the forecast ITE
(vehicular) trip generation of the proposed project to account for utilization of the adjacent Metro
Green Line El Segundo Station.
Nash Street/Hughes Way Connection Analysis. RBF will determine when the Nash Street/Hughes
Way Connection is required in respect to mitigating traffic impacts on the roadway /intersection
system surrounding the project site due to incremental trip generation associated with either
construction of the proposed project or incremental square footage added on the project site as part
of the proposed project. The analysis will use applicable agency performance criteria & thresholds
of significance; along Sepulveda Boulevard (SR -1) applicable agency criteria would include the City
of El Segundo, Caltrans, and Los Angeles County (CMP). This scope of work assumes the Nash
Street/Hughes Way connection will be evaluated in the near - term /project opening year analysis
scenario baseline only.
J. Water Supply Assessment
RBF's Water Resources Department will prepare a Water Supply Assessment (WSA) in accordance
with Water Code 10910 and Senate Bill 610. The WSA will identify the existing and planned water
demands and supply sources for the Project study area. West Basin Municipal Water District
(WBMWD) is the wholesale water supplier for the City and the Project. As the City is a purveyor
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City of El Segundo
IF,Agsbk Proposal for the Raytheon El Segundo South Campus Specific Plan
= Environmental Impact Report and Design Review Services
customer of WBMWD, RBF assumes the City or the District will provide RBF with basic water
supply information, production data, and all pertinent Urban Water Management Planning
information in final format to satisfy the UWMP review requirements of SB 610. The following tasks
have been identified for the preparation of the WSA:
City/WBMWD Coordination and Documents Review. Coordination with the City will consist of a
kick -off meeting to gather the needed documents for review. RBF will coordinate WSA format and
final report submittal for City approval. RBF assumes Water Division or other City department will
provide the required water supply and billing records information. It is assumed Water Division or
WBMWD staff will provide a recently adopted Water Supply Assessment or other document
describing updated water supply information. This is crucial in order to be consistent with water
supply planning from project to project. RBF budget excludes any and all fees charged by the City
of West Basin Municipal Water District for their review and coordination.
Land Use and Water Demand Estimation. RBF assumes that the following will be provided: (1)
meter records to determine existing water demands of the Project study, or (2) existing land uses
and employee population within the Project study area. This will be used to identify existing water
demands. The provided land use plan will be used for determining Specific Plan water demands,
and for determining changed water demands from current conditions.
The Water Supply Assessment will be incorporated into the EIR in accordance with CEQA.
2.7 GROWTH INDUCEMENT
RBF will provide a project specific analysis update of potential growth- inducing impacts pursuant to
CEQA Guidelines Section 15126(g). The analysis in this section was based on data from the City
of El Segundo, California Department of Finance, and U.S. Census. The section discusses ways in
which the proposed project could foster economic or population growth, or the construction of
additional housing, either directly or indirectly, in the surrounding environment. The analysis
addresses growth- inducing impacts in terms of whether the project influences the rate, location, and
the amount of growth. Growth- inducing impacts are assessed based on the project's consistency
with adopted /proposed plans that have addressed growth management from a local and regional
standpoint. Potential growth- inducing impacts from the proposed development will be analyzed as
they relate to population, housing and employment factors.
2.8 ALTERNATIVES TO THE PROPOSED ACTION
The range of Alternatives is expected to include the No Project, a reduced design, and one other
Alternative that may be considered through the Project Review process. Pursuant to CEQA
Guidelines Section 15126.6, RBF will provide an analysis of a "reasonable range" of alternatives,
comparing environmental impacts of each alternative in each impact area to the project. For each
alternative, RBF will provide a qualitative analysis, which will include traffic (based upon available
data in the Traffic Report), air quality, noise, infrastructure, land use and global climate change.
One important element of the Alternatives section will be an impact matrix which will offer a
comparison of the varying levels of impact of each alternative being analyzed. This matrix will be
prepared in a format to allow decision - makers a reference that will be easily understood, while
providing a calculated (where feasible), accurate comparison of each alternative.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental impact Report and Design Review Services
The alternatives section will conform to both amendments to Section 15126.6 of the CEQA
Guidelines and to recent and applicable court cases. RBF will discuss as required by the CEQA
Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or
recommending the project alternatives stated. This alternatives section will culminate with the
selection of the environmentally superior alternative in accordance with CEQA requirements.
2.9 MITIGATION MONITORING AND REPORTING PROGRAM
To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF will prepare a
Mitigation Monitoring and Reporting Program to be defined through working with City staff to identify
appropriate monitoring steps /procedures and in order to provide a basis for monitoring such
measures during and upon Project implementation.
The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation
Monitoring and Reporting Program for the proposed Project. The Checklist indicates the mitigation
measure number as outlined in the EIR, the EIR reference page (where the measure is
documented), a list of Mitigation Measure /Conditions of Approval (in chronological order under the
appropriate topic), the Monitoring Milestone (at what agency /department responsible for verifying
implementation of the measure), Method of Verification (documentation, field checks, etc.), and a
verification section for the initials of the verifying individual date of verification, and pertinent
remarks.
2.10 ADDITIONAL SECTIONS
RBF will provide additional sections in the EIR to meet CEQA and City requirements including the
following: Significant Irreversible Environmental Changes That Would Be Involved In the Proposed
Action Should It Be Implemented, Effects Found Not To Be Significant, Inventory of Unavoidable
Adverse Impacts, and Organizations and Persons Consulted /Bibliography.
3.0 DRAFT EIR
3.1 PRELIMINARY DRAFT EIR
RBF will respond to one complete set of City comments on the Administrative Draft EIR. If desired
by the City, RBF will provide the Preliminary Draft of the EIR with all changes highlighted to assist
the final check of the document.
3.2 COMPLETION OF THE DRAFT EIR
RBF will respond to a second review of the Preliminary Draft EIR and will prepare the report for the
required 45 -day public review period. In addition, RBF will prepare the Notice of Completion (NOC)
for submittal to the Office of Planning and Research (OPR). RBF will also work with the City to
develop a distribution listing for the NOC and Draft EIR.
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
FINAL ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
RBF will respond to comments received on the Draft EIR during the 45 -day public review period,
and any additional comments raised during public hearings. RBF will prepare thorough, reasoned
and sensitive responses to relevant environmental issues. This task includes written responses to
both written and oral comments received on the Draft EIR (includes review of hearing transcripts, as
required). The Draft Responses to Comments will be prepared for review by City staff. Following
review of the Draft Responses to Comments, RBF will finalize this section for inclusion in the
Administrative Final EIR.
It is noted that it is unknown at this time the extent of public and agency comments that will result
from the review process. RBF has budgeted conservatively, given the potential scrutiny involved
with the proposed project. Should the level of comments and response exceed our estimate, RBF
will submit additional funding requests to the City in order to complete the responses.
4.2 FINAL EIR
The Final EIR will consist of the revised Draft EIR text, as necessary, and the "Comments to
Responses section. The Draft EIR will be revised in accordance with the responses to public
comments on the EIR. To facilitate City review, RBF will format the Final EIR with shaded text for
any new or modified text, and "strike out' any text which has been deleted from the Final EIR. RBF
will also prepare and file the Notice of Determination within five (5) days of EIR approval. This
scope of work excludes the required fees for the California Department of Fish and Game (CDFG).
4.3 FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
RBF will provide administrative assistance to facilitate the CEQA process including the preparation
of the Notice of Determination, Statement of Overriding Considerations and Findings for City use in
the Project review process. RBF will prepare the Findings in accordance with the provisions of
Section 15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. RBF
will submit the Draft Findings for City review and will respond to one set of City comments.
5.0 PROJECT COORDINATION AND MEETINGS
5.1 PUBLIC NOTICES
RBF will prepare, submit, and mail all CEQA public notices required for the proposed project.
Public notices are anticipated to include:
• Notice of Preparation: As stated above within Task 1.5, RBF will prepare the NOP for the
proposed project to initiate the 30 -day NOP public review period. RBF will distribute the
NOP to appropriate agencies, parties, and individuals (including the State Clearinghouse).
RBF will also post the NOP at the County Clerk.
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Environmental Impact Report and Design Review Services
Notice ofAvailability: RBF will prepare a Notice of Availability (NOA) to be distributed at the
onset of the 45 -day public review period for the project. The NOA will include required
project information, such as a brief project description, the start/end dates of the public
review period, locations where the EIR is available for review, and contact information for
City staff.
• Notice of Completion: RBF will prepare a Notice of Completion for submittal to the State
Clearinghouse at the onset of both the 30 -day NOP public review period and the 45 -day EIR
public review period. The NOC will follow the format recommended by the State
Clearinghouse.
• Notice of Determination: As stated above within Task 4.2, RBF will prepare a Notice of
Determination, to be filed with the County Clerk and sent to the State Clearinghouse within
five days of EIR certification. This scope of work excludes payment of any CDFG filing fees,
if applicable.
This scope assumes that the City would be responsible for any radius mailing or newspaper notices
required for the proposed project.
5.2 ENVIRONMENTAL REVIEW COORDINATION
Mr. Glenn Lajoie, AICP, and Ms. Rita Garcia, will be responsible for management and supervision
of the EIR Project Team as well as consultation with the City staff to incorporate City policies into
the EIR. Mr. Lajoie and Ms. Garcia will undertake consultation and coordination of the Project and
review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures.
RBF will coordinate with state and local agencies regarding this environmental document. Mr.
Lajoie and Ms. Garcia, will coordinate with all technical staff, consultants, support staff and word
processing toward the timely completion of the EIR. It is the goal of RBF to serve as an extension
of City staff throughout the duration of the EIR Project. As is stated in Understanding of the Project,
RBF will be available to meet with staff to discuss particular Project parameters, as required by the
City. In addition, as requested, RBF will provide detailed progress reports on a monthly basis. All
progress reports will include the status of documents currently in production, delivery dates of
documents, upcoming meetings with City Staff, and any outstanding items to be resolved at that
time. Each progress report will include a summary of tasks performed and the percentage of work
completed to date according to individual task.
5.3 ENVIRONMENTAL REVIEW MEETINGS
Mr. Lajoie, and /or Ms. Garcia, will attend all staff meetings and will represent the Project Team at
public hearings and make presentations as necessary. RBF anticipates several meetings with City
staff, including a "kick -off meeting" (refer to Task 1.1), progress meetings, public meetings and
hearings. Mr. Lajoie and Ms. Garcia along with other key Project Team personnel will also be
available to attend meetings with affected jurisdictions, agencies and organizations as needed to
identify issues, assess impacts and define mitigation. Should the City determine that additional
meetings beyond the following meetings are necessary, services will be provided under a separate
scope of work on a time and materials basis. The estimated cost for additional meetings is
approximately $800 per person.
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
• One (1) CEQA Scoping Meeting with City Staff.
• One (1) kickoff meeting with City Staff (refer to Task 1.1).
• One (1) community /neighborhood scoping meeting (refer to Task 1.6).
• Progress meetings with City Staff assumes four (4) meeting to provide written and oral
progress reports, resolve issues, review comments on Administrative documents and
receive any necessary direction from City Staff.
• Three (3) public hearings with presentations as necessary. This includes Planning
Commission and City Council meetings.
6.0 ENVIRONMENTAL DELIVERABLES
The following is a breakdown of all products /deliverables. The listed deliverables assume a
standard number of deliverables for a project of this type and can be adjusted, as directed by the
City. RBF can also provide a cost, per document, and can provide billing on a time and materials
basis, as requested by the City.
PROJECT SCOPING
• Twenty -five (25) copies of the Notice of Preparation
• Twenty -five (25) copies of the Initial Study
• Sixty (60) CD versions of the NOP /Initial Study
• One (1) Camera -Ready Unbound Copy
• One (1) Electronic Copy of the NOP /Initial Study
PREPARATION OF ADMINISTRATIVE DRAFT EIR
• Five (5) copies of the Administrative Draft EIR and Technical Appendices
• Five (5) CD's containing the Administrative Draft EIR and Technical Appendices
• One (1) electronic copy in Microsoft Word 2003 Format
• One (1) electronic copy in Adobe Acrobat (PDF) Format
DRAFT EIR
• Five (5) copies of the Second Administrative Draft EIR and Technical Appendices
• Five (5) CD's containing the Second Administrative Draft EIR and Technical Appendices
• One (1) electronic copy of the Second Administrative Draft EIR and Exhibits
• Thirty (30) copies of the Draft EIR with Technical Appendices
• Sixty (60) CD's containing the Draft EIR and Technical Appendices
• Ninety (90) copies of the Notice of Completion
• One (1) camera -ready unbound original of the Draft EIR, Executive Summary and Technical
Appendices
• One (1) copy of the Draft Executive Summary
• Twenty (20) CDs of the Draft Executive Summary
• One (1) electronic copy in Microsoft Word 2003 Format of the Draft EIR and Technical
Appendices
• One (1) electronic copy in Adobe Acrobat (PDF) Format
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
FINAL ENVIRONMENTAL IMPACT REPORT
• Five (5) copies of the Draft Responses to Comments
• One (1) electronic copy of the Response to Comments
• Five (5) copies of the Administrative Final EIR and Technical Appendices
• Five (5) CD's containing the Administrative Final EIR Technical Appendices
• Fifteen (15) copies of the Final EIR and Technical Appendices
• Fifteen (15) CD's containing the Final EIR and Technical Appendices
• One (1) unbound camera -ready original of the Final EIR, Exhibits and Technical Appendices
• One (1) electronic copy of the Final EIR and Technical Appendices in Microsoft Word 2003
Format
• One (1) electronic copy in Adobe Acrobat (PDF) Format of the Final EIR
• Five (5) copies of the Draft Findings and Statement of Overriding Considerations
• One (1) camera -ready Final Findings and Statement of Overriding Considerations
• One (1) electronic copy of the Final Findings and Statement of Overriding Considerations
• One (1) camera -ready Notice of Determination
• One (1) camera -ready Notice of Completion
7.0 DESIGN REVIEW SERVICES
RBF has reviewed the draft Specific Plan submittal, site development plan, as well as the City's
Municipal Code. It is noted that the City does not appear to have a formal design review process,
and that the Draft Specific Plan presently does not include robust design guidelines nor does it
include a design review process in its Implementation section. While design guidelines are not a
mandated component of a Specific Plan under California Government Code, for highly visible
and /or prominent projects, the guidelines can provide both the City and developers with guidance
during the development process.
RBF's approach to this task would include the following subtasks:
7.1 MEETINGS /COORDINATION WITH CITY STAFF
Meeting with City staff to discuss and understand City design objectives. RBF staff would include a
policy planner and urban designer. Three staff level meetings are budgeted in this subtask. A total
of 30 hours of staff level meetings are assumed.
7.2 SPECIFIC PLAN AND SITE PLAN REVIEW
Detailed review of the draft Specific Plan and site plan. RBF would review the project using a
number of design staff by discipline, including a brief review of the site design by a land
development engineer, review of landscape elements by one of RBF's landscape architects, and
review of architectural issues by an urban designer. A budget of 46 staff hours are assumed for this
review.
7.3 DESIGN REVIEW MEMORANDUM
Preparation of a design review memorandum. This memorandum will include the following
elements:
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
• Comments on the proposed site plan and landscape concept;
• Recommendations for modifications to the draft Specific Plan related to design elements.
This may include specific recommendations for design - related policies and criteria, an
outline of recommended design guidelines section for the Specific Plan document, and
recommendations for a design review process within the Specific Plan to assist staff in the
review of final site plans and architecture.
• Meeting with staff to review RBF's recommendations.
• Attendance at two (2) Public Hearings (Planning Commission and City Council) to present
the design review recommendations and answer questions.
DELIVERABLES
• Meeting notes from meetings with staff and a memorandum (camera -ready and Adobe
Acrobat PDF) of design review comments and recommendations.
Note: RBF's urban design and planning staff can prepare design guidelines for the project under
contract to the City if desired. This would be an optional task, with a scope and fee provided upon
request.
8.0 OPTIONAL TASKS
The following tasks have been included so that the City may consider additional scoping items at
this time. These tasks have not been calculated into the total budget.
8.1 GEOLOGY AND SOILS TECHNICAL REVIEW
As discussed above within Task 2.6c, in the event that no site - specific geotechnical study is
prepared by the Project Applicant in support of the EIR, D. Scott Magorien will undertake an EIR -
level geotechnical investigation that will include the following:
• A review of relevant geologic /soils data, color aerial photographs, as well as contacting the
City and County Emergency Management Agency to request records of geotechnical
reports associated with construction of the existing building, and the adjacent
developments;
• A review of the most recent grading plan;
• Geotechnical engineering analyses of all data collected /generated during the course of this
study; and
• Preparation of a written EIR -level report addressing geology, soils and seismicity.
The finalized report would be utilized by RBF to support the conclusions within the EIR. The impact
section will provide a description of existing conditions, potential project impacts and hazards, and
applicable mitigation measures, if necessary.
8.2 HAZARDOUS MATERIALS TECHNICAL REVIEW
In the event that no hazards material reports /information is made available, (see Task 2.6E), RBF
will prepare a Preliminary Hazardous Materials Assessment (Assessment) for the approximate 143 -
acre Raytheon El Segundo Project Site. The objectives of the Assessment are to: (1) evaluate the
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Proposal for the Raytheon El Segundo South Campus Specific Plan
r - Environmental Impact Report and Design Review Services
potential for hazardous materials on the site based upon readily discernible and /or documented
present and historic on -site uses and uses immediately adjacent to the site, and (2) generally
characterize the expected nature of hazardous materials that may be present as a result of such
uses, within the limits imposed by the scope of the Assessment. Materials that may constitute a
hazardous waste include, but are not limited to petroleum products, pesticides, organic compounds,
heavy metals, or other compounds injurious to human health and the environment. This
Assessment is not intended to provide specific qualitative or quantitative information as to the actual
presence of hazardous materials at the site, but will identify the potential presence based on
available information.
The purpose of this Assessment is to support the Environmental Documentation for the proposed
project, in general accordance with the California Environmental Quality Act (CEQA). This
Assessment is not considered a Phase I Environmental Site Assessment (ESA) and does not
satisfy the requirements for the American Society for Testing and Materials (ASTM) Standard
Practice E 1527 -05 or All Appropriate Inquiry. Should the Client require a Phase I ESA for lending
purposes or require the purchase of new property as part of the proposed project, RBF can provide
a follow -up scope of work, as requested.
To achieve the objectives of this Assessment, RBF will conduct this Assessment, in general
accordance with CEQA, to provide preliminary conclusions relative to site conditions. The scope of
this Assessment includes the CEQA Thresholds specifically pertaining to hazardous materials,
which include the following:
• Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials;
• Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the
environment;
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances
or waste within one - quarter mile of an existing or proposed school; and /or
• Be located on a site included on a list of hazardous material sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would create a significant hazard to the
public or the environment.
The Assessment will be designed to document past activities, facilities, and /or waste disposal
practices, which may have resulted in soil or groundwater contamination. Past site usage will be
investigated through an aerial photograph review, interviews, review of former permits, review of
documents on file with applicable agencies, and research of former citations from State and local
agencies. Current site conditions will be documented by an on -site inspection of the project area.
Also, a review of the commercial database summaries, provided by Environmental Data Resources,
Inc. (EDR), regarding public agency records will be included. Regulatory sites within and
surrounding the project area will be mapped within a one -mile radius. Potential hazardous
materials conditions within the project site will be considered based on the EDR database search.
RBF will utilize the above referenced research to analyze potential project - related impacts, as they
pertain to hazardous materials per the CEQA thresholds outlined above. Should a potentially
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
significant impact arise, RBF will recommend mitigation measures to reduce these impacts to the
extent feasible. RBF will also conclude any significant and unavoidable impacts that may result, if
any.
8.3 WATER AND SEWER INFRASTRUCTURE PEER REVIEW
This task assumes that technical analysis related to water and sewer infrastructure would be
prepared by the applicant's civil engineer, Psomas Associates. RBF's in -house civil engineering
specialists will perform a peer review of Psomas' technical studies for accuracy and defensibility.
This scope includes two rounds of peer review. After the first round of peer review, a second round
will be performed in order to confirm that initial comments were adequately addressed.
RBF will develop Project- specific checklist of water and sewer issues to review, then provide
thorough review of Psomas' draft water and sewer study for the Raytheon Specific Plan. With an
understanding of the City's water supply concerns and water conservation requirements for the next
10 years, RBF will verify Psomas' inclusion of the potential chance, although remote, of a Chevron
pullout and what that could mean to off -site water transmission capacity and sewer conveyance
capacity. RBF will assume a cursory level of review of the City's overall water and sewer master
plans is necessary, and that Psomas will provide adequate consultation with City water and sewer
division operations staff to consider most recent updates of the City's water and sewer systems
performance. RBF will provide a technical memorandum, including Raytheon Project- specific
checklist results and discussion of additional recommendations, if any, for Psomas to include in the
technical analysis.
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
111. PRELIMINARY CEQA SCHEDULE
A date - specific schedule will be provided at the project kickoff. The schedule considers on -going
coordination and meetings with the project team through the duration of the project.
EIR Kickoff
Month 1
Project Description to RBF
Month 1
Initial Study /Notice of Preparation
Month 1
30 -Day NOP Public Review
Month 2
EIR Scoping Meeting
Month 2
Administrative Draft EIR preparation
Months 2 - 4
Review of Administrative Draft EIR
Month 5
Preliminary Draft EIR preparation by RBF
Month 5
Review of Preliminary Draft EIR
Month 6
Complete, Publish, Circulate Draft EIR
Month 6
45 -Day Public Review Period
Months 6 - 7
Hearing during the Draft EIR Review to receive Comments
Month 7
RBF prepares Responses to Comments
Month 8
Review of Responses to Comments
Month 8
RBF prepares Administrative Final EIR
Month 9
Review of Administrative Final EIR
Month 9
Complete, Publish, Circulate Final EIR
Month 9
Certification Hearing
TBD
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Environmental Impact Report and Design Review Services
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
IV. SUMMARY OF QUALIFICATIONS
RBF Consulting is a multi - disciplinary planning and engineering firm with offices in Orange,
Riverside, San Bernardino, Ventura, San Diego, Contra Costa, Marin, Monterey, and Sacramento
counties. With over 65 years of public and private sector experience, RBF is respected and
recognized in the profession of consulting planning, environmental, and engineering services
throughout the state of California. RBF has in -house expertise in disciplines including
Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real
Estate Assessments, Transportation/Traffic Engineering, Civil Engineering (including Grading,
Public Works, Water/Wastewater, Hydrology), Mechanical/ Electrical /Energy Services, Computer
Aided Design and Drafting (CADD) and Media Services. Over 60 professionals are dedicated to
Planning, Environmental Services and Landscape Architecture.
RBF possesses the full range of disciplines necessary to provide turn -key planning, design and
implementation of a wide range of projects. We combine our expertise in development projects and
urban planning, transportation and air quality management, to develop and assess project designs
that minimize impacts to the natural environment and community. The following is a comprehensive
list of RBF departments and services:
DEPARTMENTS AREAS OF EXPERTISE
Land Planning and Urban Conceptual Design; Master Planning; Site Planning; Hillside
Design: Grading; Landscape Architecture; Redevelopment and Infill
Land Use Planning; Illustrative Plans; Pedestrian and
Vehicular Trail Studies; Visual Analysis; Design Guidelines
and Development Standards.
Policy Planning: Specific Plans, General Plans; Community Participation
Programs; Project Management and Coordination;
Feasibility /Special Studies; Fee Programs; Community
Outreach, Entitlement to Use (including zone changes,
General Plan Amendments and annexation studies);
Redevelopment Studies; Consultant Coordination;
Governmental Agencies /Public Liaison; and Development
Support Services through Construction.
Environmental Services: Environmental Impact Reports /Statements; Expanded Initial
Studies /Negative Declarations; Mitigation Monitoring
Programs; Public Participation Programs; Natural Resource
Management; Resource Mitigation Permits; EIR and EIS
Review; Noticing; Statements of Overriding Considerations;
Findings; and Special Studies, such as Phase I Site
Assessment for hazardous materials, biological resources,
climate change, as well as noise and air quality monitoring
and modeling.
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Proposal for the Raytheon El Segundo South Campus Specific Plan
* Environmental Impact Report and Design Review Services
Transportation Planning: Master Plans of Circulation; Transportation Planning/
Engineering; Traffic Impact Studies; Traffic Control Plans;
Traffic Signal Coordination; Traffic Signal Design;
Congestion Management Programs; Street Lighting;
Signing, Striping, and Construction Detour Plans.
Media Services: Report Graphics; Presentation Graphics; View Analysis;
Illustrations; Slide Shows; Video Services; and CADD
Illustrative Plans.
Civil Engineering: Subdivision Engineering; Structural Engineering;
Engineering Design; and CADD mapping.
Mechanical /Electrical Commercial Office Buildings; Retail Shopping Center;
Engineering: Educational Facilities; Hotel /Motel; Industrial; Special
Energy Systems; Entertainment Performing Arts Centers;
and Computer Centers.
ENVIRONMENTAL SERVICES
As a leader in the environmental consulting field, RBF offers an extensive array of services
associated with environmental compliance and documentation. RBF provides evaluation forthe full
range of environmental effects for all types of projects. Our award - winning team offers
documentation in compliance with environmental laws and regulations including CEQA, NEPA, the
Clean Water Act, the Clean Air Act and other applicable environmental laws.
Environmental documents prepared at RBF address the full range of environmental and technical
issues, with in -house specialists providing technical evaluation for traffic and transportation, flood
control and drainage, air quality, climate change, noise, land use, socioeconomics, utilities and
services, energy conservation, visual and aesthetic effects, relevant planning, Phase I hazardous
materials, neighborhood and construction effects, landform modification, agricultural suitability and
many other environmental issue areas. RBF draws upon the profession's leading subconsultants
for specialized biological, archeological, geotechnical and fiscal /economic studies to build a multi-
disciplinary team of environmental analysts. State -of- the -art computer facilities including CADD,
ARC /INFO, and specially created computer programs are utilized in obtaining the highest level of
technical completeness and efficiency.
CEQA AND NEPA DOCUMENTS
RBF has over 39 years experience in the preparation and processing of CEQA and NEPA
compliance studies. The RBF Environmental staff have provided CEQA and NEPA documentation
and environmental technical studies for a diverse range of capital improvement and development
projects, as well as regulatory/policy documents such as General Plans and zoning ordinances.
RBF environmental documents are not only legally defensible and user - friendly, but are supported
by professionals with expertise in hydrology, water quality, transportation, water /wastewater,
landscape architecture, urban design, policy planning, structural design, civil engineering, GIS,
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
mapping, and surveying. RBF produces environmental documents that are sensitive to both the
public's concern for resource protection and community impacts, as well as real -world issues
associated with cost and feasibility of implementing mitigation measures. RBF's environmental
compliance managers have a broad resume of project experience in coastal, urban and rural
communities and have worked on numerous complex projects requiring technical expertise, creative
solutions and development of effective and workable mitigation. Our team has a thorough
understanding of CEQA, NEPA, the Endangered Species Act, Clean Water Act, Clean Air Act,
National Historic Preservation Act and other local, state and federal regulations.
AIR QUALITY
RBF utilizes air quality models that are developed by the U.S. Environmental Protection Agency,
California Air Resources Board and local Air Pollution Control Districts. RBF's air quality services
include project- specific analysis of regulatory impacts, short -term construction emissions, long -term
operational emissions, and computer modeling of source - specific pollutant emissions and
dispersion analysis. Additionally, RBF has carried out mitigation programs for commercial,
transportation, and industrial projects, as well as General Plan Air Quality Elements.
GLOBAL CLIMATE CHANGE
RBF's climate change experts are at the forefront in developing sound scientific regulatory
assessments and strategies within the rapidly changing regulatory environment. We advise both
government and private industry on greenhouse gas (GHG) policies and methodologies and the
impact that they have on the new carbon constrained business future. To ensure a sustainable
future, there is a great need to understand and manage GHG emissions in ways that promote
economic growth. As the climate change debate and private sector market solutions evolve, RBF
continues to offer its clients unparalleled analytical, policy and business management services.
RBF has been aggressively tracking all aspects of Assembly Bill 32 (AB 32) and Senate Bill 375
(SB 375) over the last several years. Our internal legislative working group meets monthly to
discuss the implications of these GHG reduction mandates as implementation unfolds. Specific to
SB 375, our team has also conducted numerous presentations with public sector, private developer
and land broker clients about the influence these GHG reduction mandates may have on their
respective businesses.
As a result of this extensive experience, RBF has developed proprietary models for quantifying and
analyzing GHG's from a variety of direct and indirect sources including construction, vehicular
traffic, electricity consumption, water conveyance and sewage treatment. RBF's analyses
recommend innovative greenhouse gas /air pollutant reduction methods during the construction and
operation of a project, conduct advanced dispersion modeling, investigate the use of renewable
energy sources /energy efficient products and quantify the benefits of resource conservation (i.e.,
electricity usage and recycling).
NOISE
RBF's acoustical services include instrument - assisted noise and vibration field surveys, commercial
and industrial stationary sources noise impact analyses, Federal Highway Administration (FHWA)
computer modeling of motor vehicle noise impacts for roadway and freeway projects, and rail noise
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Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
impact analysis. RBF's acoustical staff also evaluates sound insulation performance, manufacturing
and industrial noise impact mitigation, building exterior and interior sound and vibration isolation
analysis, room acoustics, and prepares General Plan Noise Elements. Services typically provided
include technical analysis for NEPA or CEQA documents, or focused studies used in planning and
civil design projects.
REGULATORY AGENCY PERMITS
Our regulatory services team is trained in the most up -to -date regulations and have prepared and
processed hundreds of permit applications through the U.S. Army Corps of Engineers (USACOE),
California Department of Fish and Game (CDFG), Regional Water Quality Control Board ( RWQCB),
and the California Coastal Commission (CCC). RBF works closely with each applicant to assure
that the jurisdictional baseline and permit applications accurately address project impacts and
ultimately complies with the state and federal review process. RBF's existing relationships with the
resource agencies allow RBF to be a liaison between the applicant and the regulatory agencies.
RBF has certified regulatory staff that is professionally trained to perform wetland delineations on
projects that need to meet regulatory requirements of the ACOE (Clean Water Act Section 404),
CDFG (California Fish and Game Code Sections 1600 - 1616), RWQCB (Clean Water Act Section
401, Porter - Cologne Water Quality Control Act), and CCC (California Coastal Act).
Years of experience preparing and processing regulatory permits through the resource agencies
have enabled RBF to identify successful strategies for satisfying agency requirements. No matter
the location, the regulatory services team has provided regulatory support to clients throughout
California, Nevada, and Arizona. Our staff has successfully delineated project sites and properties
ranging from less than 1 -acre to 1,600- acres. Projects have ranged from small stream crossings to
long -term maintenance projects to large -scale mass grading activities. The regulatory services
team, coupled with our environmental and stormwater staff, allows RBF to expeditiously acquire
permits from state and federal regulatory agencies.
PUBLIC OUTREACH PROGRAMS
RBF has exceptional experience and capabilities in the strategic planning, presentation, and
technical support of public participation programs. RBF is presently implementing public outreach
programs for several city General Plans and EIR's in Southern California, facilitates scoping
meetings for CEQA/NEPA documents, and has facilitated Design Advisory Group processes for the
highly controversial such as the potential extension of State Route 710. RBF has a complete in-
house Media Services Department, which can develop virtually any form of public communication
information, including project web sites, video, PowerPoint, illustrative graphics, multi - lingual
newsletters or other materials.
HAZARDOUS MATERIALS ASSESSMENTS
RBF provides a range of Hazardous Materials Assessments to meet our clients needs for various
project types. RBF has prepared hundreds of Hazardous Materials Assessments for a variety of
projects throughout California utilizing the American Society for Testing & Materials (ASTM)
standards for commercial real estate transactions (E1527 -05 and E1528 -06), All Appropriate Inquiry
(AAI) as well as appropriate protocol from lending institutions and regulatory agencies. The
JN 10- 107917 • 34 • March 8, 2011
399
Albk City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
MVAM Environmental Impact Report and Design Review Services
f J OTWN
comprehensive capabilities and professional experience of our in -house staff allows RBF to
effectively and efficiently complete Hazardous Materials Assessments for any type of property.
RBF's capabilities include Phase I Environmental Site Assessments (ASTM E1527 -05), Transaction
Screens (ASTM E1528 -06), Preliminary Hazardous Materials Assessments, Environmental
Baselines Surveys (for the United States Department of Navy) and Initial Site Assessments (for the
California Department of Transportation).
ENVIRONMENTAL CONSTRAINTS
The RBF Planning staff provides opportunities and constraints assessments as part of preliminary
design studies for capital improvement projects and due diligence studies for development projects.
Using our GIS capabilities, RBF identifies resource and regulatory compliance issues for project
alternatives, as well as anticipated local agency and community issues. RBF provides strategic
project development services in early planning stages, which can substantially reduce or avoid cost
and schedule impacts associated with regulatory agency permitting and the public review process.
VISUAL IMPACT ASSESSMENTS
RBF provides visual stimulation studies for aesthetic and visual impact evaluation. Simulations
produced by RBF range from simple photo composite /3 -13 massing studies to full photorealistic
depictions. RBF uses state of the art software and advanced techniques such as metric
photogrammetry and Real Time Kinematic (RTK) global positioning. Data is processed using state -
of -art computer techniques into high - quality graphics that allow the public to understand the visual
impacts of a project.
RBF provides dynamic views of proposed developments through the use of animations and
Matchmove technology (the process of combining computer animation with video). Animations
provide visual analysis while moving through or around a project on foot, in a vehicle or plane.
Additionally, RBF has the capabilities to perform viewshed analyses that may be utilized to
determine whether or not project features are visible within a one -mile- radius. The viewshed map is
created using Geographic Information Systems (GIS) technology and may include Digital Surface
Model (DSM) data. DSM data allows RBF to determine view blockage resulting from existing
structures, terrain, and landscaping (i.e., large trees).
RBF also prepares shade and shadow analyses by overlaying shadow diagrams on a base map
that show the building footprints of the project and the surrounding buildings. The intent of this work
is to illustrate any change in shadow patterns that would be directly attributable to the project, and
to visually demonstrate the effect of these shadows on surrounding land uses, particularly any
adjacent residential or other sensitive uses.
BIOLOGICAL RESOURCES
RBF has expert in -house biologists experienced in the Federal and State Endangered Species
Acts, the Migratory Bird Treaty Act, the California Department of Fish and Game Code, the Clean
Water Act and biological analysis under CEQA and NEPA. The RBF team's staff relationships with
wildlife agencies, regulatory agencies, federal land managers and various conservation groups
allow the firm to serve as a liaison between the applicant and these agencies / organizations. RBF's
JN 10- 107917 • 35 • March 8, 2011
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
0
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biological team has decades of experience in the biological consulting process. Valued services
provided by RBF include conducting habitat assessments to characterize the biological features of
an area, rapidly identifying any sensitive features, suggesting a compliance strategy to resolve
identified impacts, and working with the client to make sure their planning needs are met while
meeting permitting and mitigation requirements. RBF staff biologists prepare general biological
inventories, endangered species/ sensitive plant surveys and biological monitoring. In consultation
with resource agencies, RBF staff has extensive experience in mitigating biological resources
impacts through restoration /revegetation and conservation /mitigation banking.
STORM WATER QUALITY /DRAINAGE
RBF has a broad base of experience that can provide a wide variety of services to meet the
challenges associated with storm water quality. Current projects give the RBF Team a unique and
clear understanding of the requirements that the regulated community faces in complying with Court
orders, fulfilling National Pollutant Discharge Elimination System ( NPDES) Permit obligations and
other related storm water activities. In addition to this experience, several members of the Team
are participants in the California Storm Water Quality Association.
RBF's Storm Water Quality capabilities include the identification of constituents of concern,
research relative to Best Management Practices (BMP) effectiveness, BMP siting, design,
construction, construction management and operation, maintenance and monitoring. Furthermore,
RBF has completed studies relative to BMP effectiveness and cost including prototype studies
relative to operation and maintenance cost and capital costs evaluation for new construction and
retrofit construction. RBF has completed designs for the following types of conventional structural
controls:
• Extended Detention
• Wet Pond / Constructed Wetlands
• Infiltration (Basin and Trench)
• Biofiltration (Swale and Strip)
Manufactured BMPs
Key stormwater /water quality services provided by RBF include municipal stormwater program
development; NPDES compliance; BMP research and application; BMP retrofit studies; water
quality monitoring; and stormwater management related training.
MITIGATION MONITORING
RBF develops Mitigation Monitoring Programs for CEQA documents, and provides assistance to
public and private sector clients in interpreting and implementing the required programs. RBF
services include, through a combination of our Construction Management and Planning staff, field
monitoring for air quality, dust, traffic control, and resource mitigation. RBF received an award from
the Association of Environmental Professionals for our Mission Bay Mitigation Monitoring Program
web site, allowing interactive viewing and updating of mitigation compliance by agency staff, the
developer and the public.
JN 10- 107917 • 36 • March 8, 2011 401
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
REPRESENTATIVE PROJECTS
The following pages provide a small sample of representative projects throughout Southern
California. Additional examples and references may be provided, as requested.
JN 10- 107917 • 37 • March 8, 2011 a �
Boeing Specific Plan EIR
RBF prepared the EIR for a 107 -acre Specific Plan area between
Westminster Avenue and Seal Beach Boulevard. The Boeing
Specific Plan Project provides a planned mixed -use business park
development that would be compatible with existing Boeing
facilities and operations at the site. The Specific Plan established
the general type, location, parameters and character of all
development within the site's boundaries. The Project also included
a General Plan Amendment (Land Use and Circulation), a Vesting
Tentative Tract Map, a Coastal Development Permit and possibly a
Development Agreement, Conditional Use Permits and other
approvals.
The proposed Project involved maintaining approximately
1,150,000 square feet of existing building area (within Planning
Areas 1 and 2). New light industrial buildings for Planning Area 2
would require relocation and/or demolition of existing buildings and
facilities. The project also includes 345,000 square feet of
additional building area within the existing Boeing facilities, 55,000
square feet designated for hotel uses and 32,500 square feet,
designated for commercial uses, including retail, restaurant and
similar commercial uses and 973,000 square feet for Business Park
uses. The proposed buildings /expansions would result in a total of
2,210,500 square feet of floor area, representing a net increase of
1,060,500 square feet over the existing floor area of 1,150,000
square feet. The new floor area would be developed with up to
thirteen new light industrial buildings, a hotel and up to three
commercial buildings.
Key issues reviewed include local and regional traffic impacts,
affects to nearby residents at Leisure World and the Island Village
residential community in Long Beach (adjacent to the site),
proximity to the Seal Beach Naval Weapons Research Station,
Seal Beach, CA
Highlights:
• Environmental Services:
Environmental Impact
Report
• Proximity to Leisure World
• General Plan Amendment
• Extensive Cultural
Resources Mitigation
• Coastal Access Issues
,p NSULrINO 4 0 3
Fair, Isaac Office Park EIR
RBF prepared the EIR for the comprehensive redevelopment of a
15.1 acre site on the former PG &E properties in downtown San
Rafael. This project included 406,000 square feet of office
contained in five office structures, on -site parking in surface lots
and in two 3 -level parking structures, as well as associated site
circulation, infrastructure, and landscaping improvements.
Development of the project site was dictated by the past and
historical uses of the site and resulting contaminated soils.
Interagency coordination between the City (as lead agency), the
California Department of Toxic and Substance Control (DTSC),
Regional Water Quality Control Board (RWQCB), PG &E, Army
Corps of Engineers (ACOE), and California Department of Fish
and Game (CDFG) were key to resolving emotionally charged
issues early in the environmental process. The project was
somewhat unique in that in addition to the project applicant, other
key players involved in the day -to -day resolution of issues were the
property owner (PG &E), the project developer (Village Properties),
and the primary tenant (Fair, Isaac and Company, Inc.). Issues
examined in the EIR included: hazardous materials /risk of upset,
public health and safety, land use, biological resources,
transportation/circulation, aesthetics /visual resources, public
services and utilities, hydrology and drainage, geology, soils/
seismicity, air quality, and noise.
San Rafael, CA
Highlights:
■ Environmental Planning,
Engineering and Visual
Analysis
■ Multi- Agency Coordination
■ 406,000 Square Feet of
Office Space
Proposed
Existing Conditions
CO� 404
Los Alamitos Medical Center Specific Plan EIR
"F prepared the Program EIR for the proposed Los Alamitos
Medical Center Specific Plan. The proposed Specific Plan for the
Medical Center campus includes a three -phase master planned
expansion estimated to be constructed over a period of
approximately 25 years. The Specific Plan will include the
provision of an additional 164 hospital beds, two new hospital
buildings (176,200 gross square feet), one new medical office
building (75,100 gross square feet) to be used for additional
outpatient and associated medical uses, and an additional 849
parking spaces in two structures and surface parking lots than what
currently exists on the Medical Center campus. It is anticipated
that four new structures will be constructed on the existing 18.3
gross -acre Medical Center campus built over a 25 -year period.
The Program EIR reviewed all topics related to demolition and
buildout of the Master Plan. Key issue areas studied include traffic,
air quality, noise, greenhouse gas emissions, aesthetics, land use,
public services and utilities.
Los Alamitos, CA
Highlights:
• 25 -Year Master Plan for
Medical Center Campus
• Impacts on Regional
Drainage Systems
• Vacation of a City Street
• Traffic Impacts on Local
and Regional Network
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CONSULTIND 40 J
The Clearwater Specific Plan EIR
RBF prepared the Environmental Impact Report (EIR) for the
Clearwater Specific Plan, which proposes Condominium Hotel
units, work -force housing, retail and restaurant facilities, and
internal courtyard and landscape areas. The Condominium Hotel
would include 308 -units with 18,000 square -feet of retail and
restaurant commercial uses and 11,900 square -feet of recreation
uses. In addition to the Condominium Hotel, the project would
have 32 dwelling units for workforce housing and 8,000 square -feet
for conference space. The project proposed a total of 705
subterranean spaces, which would require the excavation and
transport of approximately 98,000 cubic yards of soil to off -site
disposal pit. The existing on -site uses, which include two
restaurants (Igors and Ocean Harvest) and the Sierra Nevada Inn,
would be demolished as part of the project. Due to the high density
nature of the project, neighborhood compatibility was a primary
concern, as surrounding land uses consisted of mostly low- and
medium density uses. The EIR included an evaluation of traffic,
parking, aesthetics, noise, air quality, global climate change, fiscal
impacts, land use, and utilities.
Mammoth Lakes, CA
Highlights:
• 308 -Unit Condominium
Hotel
• General Plan Amendment
• Zone Code Amendment
• Workforce Housing On -Site
• Shade and Shadow Analysis
• High Density Residential
Buffering
• Extensive Tree Removal
• Visual Simulations
Cypress Business Park CEQA Review
Cypress, CA
For more than twenty years, RBF Consulting has been preparing Highlights:
environmental documents for individual development projects ■ Over 30 CEQA Documents
within the 587 -acre Cypress Business Park, which encompasses six Under On -Call Contract
specific plan areas: Cypress Business and Professional Center, 0 Extensive Range of Office,
Cypress Corporate Center, Cypress View Limited, McDonnell Commercial, and Industrial
Center, Warland/Cypress Business Center, and Lusk Company Projects
Industrial Park. A range of business park - related land uses are 0 Multiple Business
allowed within the specific plan areas including commercial, office, Park /Campus Projects
research and development, business park, light industrial, 0 Extensive Traffic, Air
manufacturing, warehouse, hotel, and golf course uses. Quality and Noise Analyses
Approximately 30 CEQA compliance studies have been completed
in the business park and include:
Ushio America — Walker Facility: a 72,427 square foot office/
warehouse building on a 4.0 -acre site.
Marriott Residence Inn: a 155 -room hotel on a 3.7 -acre site.
SHURflo Project: a three - building campus for SHURflo,
including a 50,000 square foot office building, a 91,618 square
foot research and development building, and a 100,000 square
foot warehouse building on a 12.2 -acre site.
6161 Chip Avenue: a 50,000 square foot speculative office/ research and development building
on a 2.9 -acre site.
Vertex Standard: a 95,800 square foot office /warehouse building on a 6.0 -acre site.
5730 Katella Avenue: a 62,700 square foot speculative research and development building on a
4.3 -acre site.
Cypress Corporate Park: four speculative office /manufacturing /warehouse buildings totaling
208,271 square feet on a 120.83 -acre site.
The Cottonwood Christian Church: a 495,000 square foot church campus.
The Shaw Carpet Warehouse facility: a 700,000 square foot office /distribution center.
Walker / Katella Retail: A 180,000 square foot mixed -use center.
co.sul -No 407
Shoreline Gateway EIR
Long Beach, CA
RBF completed a Project -Level and Supplemental EIR for the
Shoreline Gateway Project in the City of Long Beach. The project
EIR evaluated a mixed -use development involving a 22 -story
residential tower, a 15- to 19 -story stepped slab building, and a 10-
story building on nine parcels (approximately 2.2 acres), generally
located north of Ocean Boulevard, between Atlantic and Alamitos
Avenues. The Supplemental EIR addressed development of a 35-
story residential tower on the site. The location of the project site
serves as an entrance to the East Village Arts District and the
eastern edge of the downtown. For both the project and
Supplemental EIR, the proposal involved 358 residential units, a
maximum of 20,000 square feet of ground floor retail, art gallery,
cafd, civic space uses, and parking for approximately 860 cars. The
environmental review involved an aesthetics analysis, including
light/glare, shade /shadow and land use compatibility, traffic and
parking, air quality, noise, historic resources, hazardous materials
assessment, public services, and utilities.
Highlights:
■ Mixed -Use Project
■ Redevelopment Site
■ 2.2 Acres
■ 358 Residential Units
■ Key Issues: Traffic, Air
Quality, Noise, Historic
Resources and Aesthetics
COPo 408
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Hampton Inn & Suites
Initial Study /Mitigated Negative Declaration
El Segundo, CA
The proposed Hampton Inn and Suites project is located on a 2.7-
acre parcel within the El Segundo corporate office area. The
project involved development of a 150 guest room, patio and
outdoor pool /spa. The four -story structure would include stucco
and stone treatments and approximately 7,000 square feet of
landscaping. Hotel parking was to be provided at an existing
parking structure and would require some improvements. The
environmental review included detailed analysis for traffic,
construction staging, air, noise affects and visual resources.
Highlights:
• Existing Corporate Center
• Utilizing Existing Parking
Structure
• Focus on Construction/
Staging
• Detailed Traffic Study
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Cambria Suites Hotel Initial Study /MND
The proposed Cambria Suites Hotel project involved the
development of a six -story hotel on a 10.58 -acre site at the
northwest corner of El Segundo Boulevard and Continental
Boulevard in the City of El Segundo. The hotel included 152
rooms, a restaurant/bar, conference rooms, and a fitness area. The
project also proposed to provide 139 parking spaces on site.
Following preliminary review of the proposed Cambria Suites
project, the City of El Segundo determined that it was subject to
the guidelines and regulations of the California Environmental
Quality Act (CEQA). RBF prepared the an Initial Study /Mitigated
Negative Declaration to address the direct, indirect, and
cumulative environmental effects associated with the project,
including aesthetics and air quality, land use, transportation and
traffic effects, and water quality issues. In addition, RBF
subsequently prepared an Addendum to the Initial Study /MND due
to changes to changes to the project description.
El Segundo, CA
Highlights:
• 10.58 -Acre Hotel Project
• Direct, indirect, and cumulative
environmental effects
• Traffic /Transportation
• Land Use
MF
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El Segundo Media Center
RBF provided environmental and planning services to the City of
El Segundo for the El Segundo Media Center. The project
consisted of developing a mixed -use entertainment/technology
campus on a former aircraft manufacturing plant site. The project
site is in the City's Mixed -Use North (MU -N) zone, adjacent to the
I -105 Freeway and the MTA Greenline commuter rail. The
entertainment/technology campus project lies within an
approximately 47 -acre site. Land uses include: office
(approximately 903,000 square feet); computer /telecommunications
data center (approximately 377,000 square feet); hotel
(approximately 200,000 square feet); retail (approximately 20,000
square feet); and parking (4,981 vehicles) uses within 4 planning
areas on the project site. Major project issues included:
traffic /access; air quality; noise; infrastructure capability; and site
contamination.
El Segundo, CA
Highlights:
• Entertainment/Technology
Campus
• Initial Study
• Air, Noise and Traffic Studies
• Mitigated Negative
Declaration (including Public
Scoping and Mitigation
Monitoring Program)
• Additional Analysis (Site
Land Use, Site Sensitivity
Analysis, Alternative Land
Uses)
.off 4
Nash Street Data Center
Initial Study /Mitigated Negative Declaration
El Segundo, CA
The Nash Data Center project involved renovating and expanding
an existing industrial structure from 82,857 square feet to 116,756
square feet. The project included parking modifications,
installation of six 14 -foot high cooling towers, an underground
storage tank, construction of a new 20 megawatt electrical
substation and interior improvements, The analysis reviewed
construction and buildout of the facility, with a focus on emission
from electrical power usage. The project also included exterior
improvements and aesthetic enhancement. The traffic and noise
studies concluded no substantial affect to the local area.
LAND USE DESIGNATIONS
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Highlights:
• Reuse of Industrial Building
• Construction of Electrical
Substation
• Urbanized Area
• Detailed Air Emissions
Review
CpN� 411:- n
Pacific Trade Center EIR
RBF prepared an Environmental Impact Report (EIR) for a 27 -acre
commercial /industrial project within the City of El Monte. The
project involved the reuse of a brownfield site, formerly utilized for
heavy industrial operations. Key project components included
commercial condominium units, warehouses, and a City of El
Monte Public Works yard.
One of the primary issues analyzed within the EIR included
hazardous materials, due to contamination associated with the site's
previous heavy industrial use. The EIR also involved the
preparation of a Traffic Impact Analysis, for which extensive
consultation with City staff and Caltrans was necessary to establish
appropriate baseline traffic volumes and mitigation measures.
Other key environmental issues included air quality, noise,
hydrology, and land use.
El Monte, CA
Highlights:
• Environmental Impact
Report
• 27 -Acres of Commercial /
Industrial Use
• Hazardous Materials
Contamination from
Historical Heavy
Industrial Use
• Extensive Consultation with
Caltrans Regarding
Regional Traffic Impacts
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413
231- 265 North Beverly Drive
(William Morris Agency) Project EIR
RBF Consulting prepared an EIR that addressed a six -story office
building to be constructed on a 48,067 - square foot (1.1 acre) site.
The proposed building consists of 208,100 gross square feet,
including approximately 177,225 gross square feet of office space
on floors two through six; 30,875 gross square feet of retail space,
which includes up to 8,000 square feet of restaurant space on the
ground floor, and a five -level subterranean parking structure. The
EIR included an extensive review of local traffic impacts, on -site
parking, on -site access and valet operations, visual affects utilizing
simulations, as well as detailed air quality and noise modeling. The
EIR also included a thorough and quantitative analysis of the
alternatives to the proposed project, along with detailed visual
simulations to depict how the modern (glass) architecture of the
proposed project would blend with surrounding uses in the Beverly
Hills Triangle area, including the Montage Hotel, which is directly
east of the project site.
Beverly Hills, CA
Highlights:
■ 208,100 SF Office & Retail
Building
■ Infill Development
■ Detailed Traffic, Parking,
Air Quality & Noise
Technical Analyses
■ Visual Simulations
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CONSULTING
414
Automobile Club of Southern California EIR
RBF provided environmental, civil, and structural engineering
services for the Automobile Club of Southern California expansion
project. An Environmental Impact Report was prepared on behalf
of the City of Costa Mesa prior to project approval. This project
required the design and construction of onsite and offsite parking
areas that would accommodate the parking spaces displaced by the
two -phase building expansion. Services included the design of a
bridge and improvements to Greenville Banning Channel to allow
access to an offsite parking lot, which was designed and
constructed as a fastrack project, as its completion was the first step
in allowing the expansion of the AAA main processing center.
Interim storm drain detention facilities had to be designed to detain
peak flows on site until the ultimate channel improvements are
constructed by the County of Orange. Services included
preparation of demolition plans for removal of existing structures
and numerous underground and overhead utilities. The EIR
addressed a multi - phased development of the campus, with
expanded review of geotechnical conditions, water quality, air
quality, viewshed, and local /regional traffic effects.
Costa Mesa, CA
Highlights:
• Fast -track Project
• Construction Phasing and
Staging Plans
• Extensive Agency
Coordination
C ONB LILTING
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Beverly Hills Gardens and
Montage Hotel Mixed Use Project EIR
RBF was hired by the City of Beverly Hills to prepare Revised
Sections /Additional Alternatives to the Draft EIR, which had
already been circulated for a 45 -day review period and undergone
numerous hearings with the Planning Commission. The work
effort to complete the Revised Sections /Additional Alternatives
was completed in less than four weeks, when it was then circulated
for 45 days prior to hearings with the City Council.
The project proposed a 228 -room hotel with 25 residential units
and ancillary retail, dining, banquet, and spa facilities; 33,000
square -foot public gardens space, subterranean parking with up to
1,508 spaces; and a building lining the public garden space with a
mix of commercial space and habitable units. The technical
analysis included site access review, truck loading operations,
parking analysis, air quality analysis, and noise analysis.
Construction for the project was completed in 2009.
Beverly Hills, CA
Highlights:
■ 228 -Room, Five-Star Hotel
■ 25 Condominium Units
■ Public Gardens
■ Four -Week Work Product
Turnaround
CONBUI�INC4 �1 1 (�
Route 66 Corridor Specific Plan and Program EIR
RBF completed a Specific Plan and Program EIR for the Historic
Route 66 Corridor. The 3.5 -mile corridor includes a variety of
commercial and retail uses. The Specific Plan enhances economic
development and visual quality within the corridor and downtown
edge through flexible land use regulations, public improvements
and design guidelines. The Specific Plan includes a thorough
market analysis to evaluate current demand for commercial and
retail development within the Corridor. The market analysis
provides a baseline tool for the development of tailored land use
and development standards that seek to bridge current market
realities with the community's economic development vision for
the future. The Regulatory component of the Specific Plan
establishes distinct land use districts that encourage a
complimentary mix of commercial, retail and residential uses. The
development regulations are incentive -based to encourage preferred
development types. Incentives include a tiered development review
process, density bonuses, modified parking requirements, fee
assistance, and flexible discretionary review procedures. The
Specific Plan also provides Design Guidelines, Streetscape and
Urban Design improvements that establish detailed direction for the
establishment of a quality built environment. Within one year of
the Plan's adoption, more than a dozen infill development and
redevelopment projects were in the processing pipeline.
Glendora, CA
Highlights:
• Land Use Regulations
• Streetscape and Urban Design
• Economic / Market Analysis
• Design Guidelines
• Program EIR
Award:
■ 2006, Los Angeles Section of the
American Planning Association
(LA APA), Planning
Implementation Award in the
Small Jurisdiction Category
CONSULTtNa /
RBF Consulting prepared an EIR for the Fox Plaza Project, which
entailed the redevelopment of approximately 5.97 acres in
downtown Riverside, including the acquisition and relocation of
existing uses, the demolition of existing structures, and the
development of a mixed use urban scale project consisting of:
• Up to 76,000 square feet of restaurant and retail space;
• Up to 532 residential units, which includes a mix of units
types (condominium, townhome, live /work, loft); and
• Up to 1,693 parking stalls located within parking structures.
The proposed project is to be constructed in three phases. Phase la
includes construction of Blocks A and C with a parking structure
and retail /restaurant uses on Block A, and residential units, retail,
and a parking structure on Block C. Phase lb includes
construction on Block D with residential units, retail uses, and a
parking structure. Block B will be constructed in Phase 2 with
residential units, retail uses, and a parking structure.
A number of areas of controversy were involved with the proposed
project, including the project's potential impact to historic
structures, archeological resources, traffic, parking, greenhouse gas
emissions, and pedestrian safety. RBF's role, on behalf of the
City, was to assure that a proper and complete environmental
review process was conducted. The EIR was certified on June 10,
2008.
Fox Plaza EIR
Riverside, CA
Highlights:
• Revitalization of Downtown
Area
• Impacts to Historic and
Archaeological Resources
• Traffic Impacts in Downtown
Area
• Replacement of Public Parking
W
CONSULTING 418
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
WriTTWH Environmental Impact Report and Design Review Services
PROJECT EXPERIENCE SUMMARY
The following is a summary of project background experience on environmental review projects:
Land Development Proiects
Buena Vista /Kern River Ranch Program EIR — Bakersfield, CA
Carrari Ranch EIR — Rancho Cucamonga, CA
Colonies at San Antonio EIR — Upland, CA
Fagan Canyon Specific Plan Program EIR — Santa Paula, CA
Gosford- Panama Program EIR — Bakersfield, CA
Grand Canal EIR — Bakersfield, CA
Hi Hope Ranch MND — Oceanside, CA
Lancaster Capital, LLC Tentative Tract 53229 — Lancaster, CA
Lyons Canyon Ranch Specific Plan EIR — Santa Clarita, CA
Moffett Towers Corporate Campus — Sunnyvale, CA
Oasis Road Specific Plan Master EIR — Redding, CA
Pacific Coast Highway at Second Street Improvement Project MND — Long Beach, CA
Rio Bravo Program EIR — Bakersfield, CA
Robinson Ranch North EIR —Yucaipa, CA
Sherwin EIR — Town of Mammoth Lakes, CA
Shoppes at Chino Hills EIR — Chino Hills, CA
Soledad Village EIR — Santa Clarita, CA
St. Cloud Tentative Tract Map MND — Oceanside, CA
University Village and Orchard Park Specific Plans EIR — Loma Linda, CA
Village of Del Lago at Quintana — Thermal, CA
RedevelopmenVBrownfield Projects
Clearwater Specific Plan EIR — Mammoth Lakes, CA
Fair Isaac Redevelopment Project — San Rafael, CA
Fox Plaza EIR — Riverside, CA
Garvey Villas IS /MND — Monterey Park, CA
Gateway Plaza — Santa Cruz, CA
Lancaster Northeast Gateway Corridors EIR — Lancaster, CA
Mission 261 Village Project Supplemental EIR — San Gabriel, CA
Montage Hotel Project EIR — Beverly Hills, CA
North Downtown Lancaster Transit Village EIR /EA — Lancaster, CA
Redlands Mall Redevelopment Project EIR — Redlands, CA
Rita Avenue Mixed Use Project MND — Huntington Park, CA
San Fernando Parking Lots Project EIR — San Fernando, CA
San Gabriel Center EIR — San Gabriel, CA
Shoreline Gateway EIR — Long Beach, CA
Southeast Coastal Redevelopment Plan EIR — Huntington Beach, CA
Uptown Orange Mixed Use Project MND — Orange, CA
William Morris Office Building EIR — Beverly Hills, CA
Policy Planning Studies
City of Angels Camp General Plan Update Studies — Angels Camp, CA
City of Buena Park General Plan Update and EIR — Buena Park, CA
City of Carson General Plan Update and EIR — Carson, CA
JN 10- 107917 • 54 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
City of Cerritos General Plan Update and EIR — Cerritos, CA
City of Costa Mesa General Plan Update and EIR — Costa Mesa, CA
City of Cypress General Plan Update and EIR — Cypress, CA
City of Garden Grove General Plan Update and EIR — Garden Grove, CA
City of Hawaiian Gardens General Plan Update EIR — Hawaiian Gardens, CA
City of Lancaster General Plan Update and EIR — Lancaster, CA
City of South Gate Amended Redevelopment Plan EIR — South Gate, CA
City of South Gate General Plan Update EIR — South Gate, CA
City of Stanton General Plan Update and EIR — Stanton, CA
Cypress Amended and Merged Redevelopment Plan EIR — Cypress, CA
Dana Point Town Center IS /MND — Dana Point, CA
Downtown Lancaster Specific Plan EIR — Lancaster, CA
Downtown Sierra Madre Specific Plan EIR — Sierra Madre, CA
Palmdale Transit Village Specific Plan EIR — Palmdale, CA
Route 66 Specific Plan EIR — Glendora, CA
Town of Los Gatos General Plan Update and EIR — Los Gatos, CA
Watsonville General Plan Update EIR — Watsonville, CA
Resorts /Recreation
Anaverde Basin /Sports Complex EIR — Palmdale, CA
Berryessa Creek Trail Reach 3 MND /CE — Milpitas, CA
Cypress Skate Park Technical Studies — Cypress, CA
Gilroy Golf Course EIR — Gilroy, CA
Hotel del Coronado Master Plan EIR — Coronado, CA
Loch Lomond Marina — San Rafael, CA
Long Point Resort EIR — Rancho Palos Verdes, CA
McKean Sportsfield Complex EIR — San Jose, CA
North Village Specific Plan EIR — Mammoth Lakes, CA
Santa Cruz Coast Hotel EIR — Santa Cruz, CA
Santa Rosa Creek Trail IS /MND — Cambria CSD, CA
Transportation Projects
Allen Road Bridge over the Kern River — Bakersfield, CA
Foothill Parkway Westerly EIR — Corona, CA
1 -10 /Jefferson Interchange EA/IS — Indio, CA
1 -880 IS /EA — Alameda County, CA
Irvine Transit Center Carbon Monoxide Hotspot Conformity — Irvine, CA
North Peak Northern Access Road MND /EA — Riverside County, CA
SR -57 Widening EA/IS — Orange County Transportation Authority, CA
SR- 118 /Alamos Canyon Interchange EA/EIR — Simi Valley, CA
SR -154 Group II Improvement Studies — Santa Barbara County, CA
Military Base Reuse Planning
Fort Ord /East Garrison Specific Plan Project Facilitation — Monterey County, CA
Hamilton Field Redevelopment EIR — Novato, CA
March Inland Cargo Facility — Riverside County, CA
San Mateo Point Military Housing EA — Southwest Division, CA
Southern CA Logistics Airport — Victorville, CA
U.S. Navy Environmental Assessments — Southwest Division, CA
JN 10- 107917 • 55 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
Public Facilities
4 Appellate Courthouse Replacement IS /MND — Santa Ana, CA
Coronado School District Master Facilities EIR — Coronado USD, CA
Dana Point Harbor Revitalization Project EIR — Dana Point, CA
Genomics Building MND, UC Riverside, CA
Fox Theater Renovation MND — Riverside, CA
Henry Mayo Newhall Memorial Hospital Master Plan EIR — Santa Clarita, CA
Huntington Beach Gun Range EIR — Huntington Beach, CA
Kaiser Permanente Hospital EIR Addendum — Downey, CA
MammothNosemite Airport Air Service IS /MND — Town of Mammoth Lakes, CA
Ocean Education Center EIR — Dana Point, CA
UCLA Film and Television Archive Preservation Center MND — Santa Clarita, CA
Desalination Projects
Cambria Desalination EIR — Cambria CSD, CA
Coastal Water Project — Monterey County, CA
Encina Desalination EIR — SDCWA, CA
Marina Coast Water District Desalter Project EIR Support — Monterey County, CA
Poseidon Resources Desalination Project EIR — Huntington Beach, CA
Under Ocean Floor Seawater Intake and Discharge Project IS /EA — Long Beach, CA
Industrial /Commercial Projects
Blue Rock Business Center EIR — Antioch, CA
Boeing Specific Plan EIR — Seal Beach, CA
Broadway Plaza Shopping Center Technical Studies — Chula Vista, CA
CA Army National Guard Maintenance Facility EA — Riverside, CA
El Centro de Huntington Park EIR — Huntington Park, CA
Eldorado National Forest Telecommunications Project EA — El Dorado National Forest, CA
Firestone Mastercare Center Technical Studies — Chino Hills, CA
Mariner's Mile Gateway Project MND — Newport Beach, CA
National City Costco Technical Studies — National City, CA
Pine Corporate Center Technical Studies — Chino Hills, CA
Super Wal -Mart Commercial Center EIR — Rialto, CA
Tyler Mall EIR Addendum — Riverside, CA
Vitner Square Shopping Center EIR — Lodi, CA
Energy Projects
BP Cogeneration Facility — Carson, CA
El Segundo Redevelopment Power Plant Project — El Segundo, CA
Granite Fox Power Project — Gerlach, NV
Long Beach Power Project — Long Beach, CA
Mountainview Power Plant Project — Mountain View, CA
Nueva Azalea Power Plant Project — Downey, CA
Palomar Energy Project — Escondido, CA
South Shore Power Project — Bridgman, Michigan
Termoelectrica de Mexicali Project — Mexicali, Mexico
JN 10- 107917 • 56 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
Water/Wastewater and Solid Waste Projects
Arlington Desalter Enhancement Project IS /MND — Riverside County, CA
Barstow Wastewater Reclamation Facility Upgrades Project IS /MND — Barstow, CA
CAL -MRT Transfer Station EIR — Downey, CA
Cambria Water Master Plan Program EIR — Cambria CSD, CA
Cambria Wastewater Treatment Plant EIR — Cambria CSD, CA
Cambria Effluent Disposal Ponds EIR — Cambria CSD, CA
Chino Hills Water Supply and Distribution EIR — Chino Hills, CA
Coachella Valley Recycling and Transfer Center IS /MND — Indio, CA
Los Alamitos Pump Station IS /MND — Seal Beach, CA
Metropolitan Water District Statewide Reservoir Reconnaissance Study — Statewide, CA
Santa Fe Valley Treatment Plant EIR — Rancho Santa Fe Community Services District, CA
Solid Waste Management Plan EIR — Palmdale, CA
Victor Valley Wastewater Facility — Victor Valley, CA
DrainaaelWater Quality Projects
Amargosa Creek Improvement Project EIR — Palmdale, CA
Calleguas Creek Sediment Control /Bank Protection EIR — Ventura County, CA
Ironwood State Prison Erosion Control Project IS /MND — Blythe, CA
Mahon Creek Enhancement EIR — San Rafael, CA
On -Call Environmental Services
CA Department of Transportation
Cambria Community Services District, CA
City of Bakersfield, CA
City of Cypress, CA
City of El Segundo, CA
City of Lake Forest, CA
City of Lancaster, CA
City of Long Beach, CA
City of Milpitas, CA
City of Santa Ana, CA
City of Seal Beach, CA
City of Westminster, CA
County of Kern, CA
County of Orange, CA
Town of Mammoth Lakes, CA
JN 10- 107917 • 57 • March 8, 2011
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GAT Y O�,
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
V. REFERENCES
RBF Client references are provided below. Additional references are available upon request.
Ms. Kimberly Christensen, AICP
Planning Manager
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
310.524.2300
Ms. Ellen Clark
Senior Planner
TOWN OF MAMMOTH LAKES
437 Old Mammoth Road
Mammoth Lakes, California 93546
760.934.8989
Ms. Jill Griffiths
Advanced Planning Officer
CITY OF LONG BEACH
333 W. Ocean Boulevard, 5th Floor
Long Beach, California 90802
562.570.6357
Mr. Ted Commerdinger, AICP
Planning Manager
CITY OF CYPRESS
5275 Orange Avenue
Cypress, California 90630
714.229.6720
Mr. Joel Rojas
Planning Director
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
310.544.5228
Mr. Vince Bertoni, AICP
Deptuy Director
CITY OF LOS ANGELES
200 N. Spring Street, Suite 525 -E
Los Angeles, California 90012
213.978.1272
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
V1, PROJECT TEAM
The following are brief background descriptions for the key professionals who would be responsible
for preparing the environmental documentation. The percentage of hours of each staff member and
individual tasks are included in the Fee Summary. The project organization chart is as follows:
Margit Allen, AICP
Jeremy Franzini, RLA
GAT Y O�
� O
Glenn Lajoie, AICP
Rita Garcia
Collette Morse, AICP
Air Quality /
Public Service & Utilities
Hazardous Materials
Climate Change
Rita Garcia
Richard Beck. CEM, REA
Eddie Torres, INCE, REA
Kristien Bogue, REA
Achilles Malisos
Geological
Growth, Population
Traffic/Transportation
Hazards /Soils
& Housing
Bob Matson
Scott Magorien, CEG
Rita Garcia
Paul Martin, PE, PTOE
Drainage/
Land UselRelevant Planning
Noise
Water Quality
Rita Garcia
EddieTorres, INCE, REA
Rebecca Kinney, PE
JN 10- 107917 • 60 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
GLENN LAJOIE, AICP I PROJECT MANAGER
Registration /Certification:
1994, American Institute of Certified
Planners, 087288
Years Experience: 24
Telephone Number: 949 - 855 -3663
Education:
B.A., 1985, Geography /Urban Studies, California State University,
Long Beach
M.P.A., 1992, Public Policy and Administration, California State
University, Long Beach
Professional Affiliations:
Full Member, American Planning Association
Full Member, Association of Environmental Professionals
Member, Orange County American Planning Association Board of
Directors, 1992 -1997
President, Orange County American Planning Association, 1994-
1996
Lecturer, California State University, Long Beach
Mr. Lajoie's primary responsibilities include oversight of daily operations, management of projects, staff
mentoring and instruction, scheduling, and business development. With many years of practical experience,
Mr. Lajoie is a recognized leader in CEQA and NEPA studies (EIR's, EIS's, Negative Declarations,
Environmental Assessments), as well as other policy planning documents, including General Plans, Area
Plans, Specific Plans, and due diligence studies. Projects have ranged from private entitlement applications
related to residential and commercial projects as well as a variety of water, wastewater, highway, and
redevelopment projects throughout California. Project responsibilities include analysis, technical review and
management of environmental and policy planning documentation for compliance with CEQA/NEPA,
implementation of public participation programs, and assistance to various public and private sector clients in
meeting the requirements of local, State, and Federal agencies.
Relevant Experience:
• Arbor Gardens Housing Project Environmental Assessment (Lancaster, CA)
• Beverly Hills Gardens and Montage Hotel Mixed Use Project EIR (Beverly Hills, CA)
• Boeing Specific Plan Program EIR (Seal Beach, CA)
• Cambria Suites Hotel Initial Study /Mitigated Negative Declaration (El Segundo, CA)
• Crestridge Senior Villas and Palos Verdes Peninsula Senior Center EIR (Rancho Palos Verdes, CA)
• Garvey Villas Initial Study /Mitigated Negative Declaration (Monterey Park, CA)
• El Segundo Media Center (El Segundo, CA)
• El Segundo Power Redevelopment Project (00- AFC -14) (El Segundo, CA)
• Fair, Isaac Office Park EIR (San Rafael, CA)
• Hampton Inn & Suites Initial Study /Mitigated Negative Declaration (El Segundo, CA)
• Hotel Del Coronado Master Plan EIR (Coronado, CA)
• Long Point Resort EIR (Rancho Palos Verdes, CA)
• Los Alamitos Medical Center Specific Plan EIR (Los Alamitos, CA)
• Marymount College Facilities Expansion EIR (Rancho Palos Verdes, CA)
• Nash Street Data Center Initial Study /Mitigated Negative Declaration (El Segundo, CA)
• North Downtown Lancaster Neighborhood Revitalization / Transit Village Plan EIR /EA (Lancaster, CA)
• North Village Mammoth Specific Plan Program EIR (Mammoth Lakes, CA)
• Pacific Garden Senior Housing Group Project (Santa Monica, CA)
• Seal Beach Townhomes Project Mitigated Negative Declaration (Seal Beach, CA)
• Shoreline Gateway EIR (Long Beach, CA)
• South Pasadena Downtown Revitalization Project EIR (South Pasadena, CA)
• The Clearwater Specific Plan EIR (Mammoth Lakes, CA)
JN 10- 107917 • 61 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
mrMa r M.N
Environmental Impact Report and Design Review Services
COLLETTE MORSE, AICP I CEQA ADVISOR
Registration /Certification:
1996, American Institute of Certified
Planners, 12382
Years Experience: 24
Education:
B.A., 1984, Geography/ Ecosystems, U.C.L.A.
Professional Affiliations:
Commissioner, American Institute of Certified Planners (AICP) for
Region VI, 2006 — 2010
Past President, California Chapter, American Planning Association,
2005
President, California Chapter, American Planning Association, 2003
to 2004
Ms. Morse's primary responsibilities at RBF include the preparation of CEQA and NEPA documents
(Environmental Impact Reports, Negative Declarations, Initial Studies, Environmental Assessments), as well
as other policy planning documents, including General Plans and Specific Plans. She has prepared
environmental documents for policy plans, mixed -use developments, high -rise office, commercial, residential,
industrial, schools (elementary, high school, and colleges /universities), hospitals, and redevelopment projects
for both public and private sector clients throughout California. Ms. Morse's responsibilities include analysis,
technical review and management of environmental documents for CEQA compliance, staff support for public
agencies, and assistance to private sector clients in meeting governmental agency requirements. Ms. Morse
is also responsible for updating and implementing RBF's in -house QA/QC program.
Relevant Experience:
• 231 -265 North Beverly Drive (William Morris Agency) Project EIR (Beverly Hills, CA)
• Beverly Hills Gardens and Montage Hotel Mixed Use Project EIR (Beverly Hills, CA)
• Carson General Plan Update and EIR (Carson, CA)
• Cerritos General Plan Update and EIR (Cerritos, CA)
• Costa Mesa General Plan Update and EIR (Costa Mesa, CA)
• Cypress General Plan Update and EIR (Cypress, CA)
• Duarte General Plan EIR (Duarte, CA)
• Fullerton General Plan Update EIR (Fullerton, CA)
• Garden Grove General Plan Update and EIR (Garden Grove, CA)
• Glendora General Plan Update (Glendora, CA)
• Goleta General Plan Existing Conditions and Community Outreach (Goleta, CA)
• Henry Mayo Newhall Memorial Hospital Master Plan EIR (Santa Clarita, CA)
• Hi Hope Ranch MND (Oceanside, CA)
• Historic Town Center EIR (San Juan Capistrano, CA)
• Los Alamitos Medical Center Specific Plan EIR (Los Alamitos, CA)
• Mariners Mile Gateway MND (Newport Beach, CA)
• Pacific Coast Highway Corridor Affordable Housing Projects EIR (Signal Hill, CA)
• Pier Bowl Master Plan Program EIR (San Clemente, CA)
• Prescott Valley 2020 General Plan (Prescott Valley, AZ)
• Rancho Del Oro Village XII Program EIR (Oceanside, CA)
• Rush Creek Estates EIR (Mann County, CA)
• South Gate General Plan EIR (South Gate, CA)
• St. Cloud Residential MND (Oceanside, CA)
• Stanton General Plan EIR (Stanton, CA)
• Temecula General Plan EIR (Temecula, CA)
JN 10- 107917 • 62 • March 8, 2011 �1 1
`� 2.
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
'r r- Environmental Impact Report and Design Review Services
EDWARD TORRES, INCE, REA I TECHNICAL SPECIALIST
Reg istration /Certificatio n:
2003, Institute of Noise Control Engineers
2009, Registered Environmental Assessor,
30154
Years Experience: 11
Education:
B.A., 2000, Environmental Analysis and Design, University of
California, Irvine
B.S., 2000, Mechanical Engineering, University of California, Irvine
M.S., 2005, Mechanical Engineering, University of Southern
California
Professional Affiliations:
American Planning Association
Air & Waste Management Association
Acoustical Society of America
Institute of Noise Control Engineering
American Institute of Physics
Mr. Torres serves as the Director of Technical Studies, with a specialty in Acoustics, Air Quality, Climate
Change, and Visual Impact Assessments. Mr. Torres leads RBF's efforts to be at the forefront of Global
Climate Change studies. Mr. Torres has prepared numerous analyses that are consistent with climate
change legislation such as Assembly Bill 32, Senate Bill 97, Executive Order S -3 -05, and Senate Bill 375. In
addition to analyzing climate change impacts, Mr. Torres has led the development of numerous greenhouse
gas inventory models which calculate greenhouse gas emissions from such sources as vehicular traffic,
stationary sources, electricity consumption, water consumption, wastewater treatment, and construction
processes.
Mr. Torres has also been selected by the California Energy Commission (CEC) to co -lead a set of technical
working groups to develop energy and GHG assessment protocols for single buildings, land use and
infrastructure projects. The program was developed through a Public Interest Energy Research (PIER)
grant to facilitating a series of technical working groups that bring together diverse sets of subject matter
experts, emphasizing individuals with combinations of "front line" experience and vision for the implications
for public policy, regulation, and market transformation. The following is a representative sample of projects
for which Mr. Torres has prepared environmental and technical analyses.
Relevant Experience:
• Beverly Hills Gardens and Montage Hotel Mixed Use Project EIR (Beverly Hills, CA)
• Boeing Specific Plan Program EIR (Seal Beach, CA)
• Crestridge Senior Villas and Palos Verdes Peninsula Senior Center EIR (Rancho Palos Verdes, CA)
• Dana Point Harbor Revitalization EIR (Dana Point, CA)
• El Segundo Power Redevelopment Project (00- AFC -14)
• Fullerton Climate Action Plan (Fullerton, CA)
• Garvey Villas Initial Study/Mitigated Negative Declaration (Monterey Park, CA)
• Hampton Inn & Suites Initial Study/Mitigated Negative Declaration (El Segundo, CA)
• Historic Downtown Upland Specific Plan Program EIR (Upland, CA)
• Hotel del Coronado Specific Plan Program EIR (Coronado, CA)
• Los Alamitos Medical Center Specific Plan EIR (Los Alamitos, CA)
• Mammoth Clearwater Specific Plan EIR (Mammoth Lakes, CA)
• Marymount College Facilities Expansion EIR (Rancho Palos Verdes, CA)
• Murrieta Climate Action Plan (Murrieta, CA)
• Nash Street Data Center Initial Study/Mitigated Negative Declaration
• Seal Beach Townhomes Project MND (Seal Beach, CA)
• Shoreline Gateway EIR (Long Beach, CA)
JN 10- 107917 • 63 • March 8, 2011
ij
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
RITA GARCIA I PROJECT COORDINATOR/SENIOR ANALYST
Years Experience: 20 Education:
B.S., 1988, Urban and Regional Planning, California State
Telephone Number: 949 - 472 -3454 Polytechnic University, Pomona
Professional Affiliations:
American Planning Association
Association of Environmental Professionals
Ms. Garcia is involved in the preparation, daily monitoring, and coordination of CEQA documents, ensuring
their timely completion reflective of the highest standard of professional care. With over 20 years in the
environmental field, Ms. Garcia has extensive experience with projects involving sensitive planning and
environmental issues including land use and relevant planning, aesthetics /visual character, and
traffic /circulation. She has had significant experience with environmental analyses of numerous large -scale
mixed -use projects involving institutional, commercial, residential, and public infrastructure uses. Ms.
Garcia's professional experience consists of involvement with various EIRs for large- scale, mixed -use
projects. More specifically, her experience as Project Manager for the Marymount College Facilities
Expansion Project EIR, Long Point Resort EIR, and North Lake Area and South Lake Area Projects,
involved critical land use compatibility and relevant planning issues, and in depth analyses of consistency
with city policies and code standards for infill developments in urban settings. These Projects, along with the
Clearwater Specific Plan EIR and Beverly Hills Gardens and Montage Hotel Project EIR required detailed
traffic, circulation, parking, and visual character analyses for short- and long -term conditions.
Relevant Experience:
• Beverly Hills Gardens and Montage Hotel Mixed Use Project EIR (Beverly Hills, CA)
• Boeing Specific Plan Program EIR (Seal Beach, CA)
• Buena Park General Plan Update /Program EIR (Buena Park, CA)
• Cambria Community Services District Water Master Plan EIR (Cambria Community Services District)
• Crestridge Senior Housing EIR (Rancho Palos Verdes, CA)
• Downtown and Central Long Beach Redevelopment Plans Master EIR (Long Beach, CA)
• East Campus Infrastructure Improvements Phase 2 IS /MND (University of California, Riverside)
• Edison Mission Energy Solar Photovoltaic Due Diligence Studies
• Fullerton General Plan Update /Program EIR (Fullerton ,CA)
• Hawaiian Gardens General Plan Update EIR (Hawaiian Gardens, CA)
• Holiday Haus Project IS /MND (Mammoth Lakes, CA)
• Hotel del Coronado Master Plan Program EIR (Coronado, CA)
• Long Point Resort EIR (Rancho Palos Verdes, CA)
• Marymount College Facilities Expansion EIR (Rancho Palos Verdes, CA)
• Moon Camp TT #16136 EIR (Big Bear Lakes, CA)
• North Downtown Lancaster Neighborhood Revitalization / Transit Village Plan and EIR/EA (Lancaster, CA)
• North Village Mammoth Specific Plan Program EIR (Mammoth Lakes, CA)
■ Oasis Road Specific Plan Master EIR (Redding, CA)
• Old Town Yucca Valley Specific Plan Program EIR (Yucca Valley, CA)
■ Pacific Gateway Plaza Project MND (Seal Beach, CA)
• Ritz Carlton Specific Plan EIR (Rancho Palos Verdes, CA)
■ Rivers End Staging Area & San Gabriel Bikeway Enhancement Plan MND (Seal Beach, CA)
• Shoreline Gateway EIR (Long Beach, CA)
■ South Pasadena Downtown Revitalization EIR (South Pasadena, CA)
• Sierra Meadows Estates EIR (Madera County, CA)
JN 10- 107917 ■ 64 • March 8, 2011
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
KRISTEN ROGUE, CEI I ENVIRONMENTAL ANALYST
Registration /Certification: Education:
2007, Certified Environmental Inspector, B.A., 2005, Environmental Analysis and Design, University of
9924 California, Irvine
Years Experience: 5 Professional Affiliations:
Association of Environmental Professionals
Ms. Bogue assists in the preparation of environmental and planning studies for public and private sector
clients, with a focus on due diligence planning activities. Ms. Bogue specializes in the preparation of
hazardous materials studies and visual analysis services.
Ms. Bogue has prepared numerous hazardous materials related studies. Ms. Bogue prepares Phase I
Environmental Site Assessments (ESAs), Initial Site Assessments (ISAs) for the California Department of
Transportation (Caltrans), Preliminary Hazardous Materials Assessments pursuant to the California
Environmental Quality Act (CEQA), and Environmental Baseline Surveys (EBSs) for the Department of the
Navy. The scopes of the ESAs and ISAs follow guidance provided in American Society for Testing Materials
(ASTM) Standard Practice E 1527 -05. The ASTM 1527 -05 document outlines a procedure for completing
ESAs that includes a review of records (current and historic), site reconnaissance, and interviews. Other
hazardous materials related studies follow the California Environmental Quality Act (CEQA) Guidelines
pertaining to hazardous materials.
Additionally, Ms. Bogue is involved with Visual Impact Assessments in conformance with appropriate agency
standards, including the Federal Highway Administration (FHWA) "Visual Impact Assessment (VIA) for
Highway Projects," United States Bureau of Land Management guidelines, and California Energy
Commission (CEC) guidelines. Ms. Bogue assists in the preparation of documents with respect to CEQA
and the National Environmental Policy Act (NEPA). Visual Services include the preparation of
photosimulations, shade and shadow studies, as well as viewshed mapping.
Relevant Experience:
• Atkinson Lane Specific Plan /Master Plan (Santa Cruz County, CA)
• Citywide Capital Improvement Project MND (Seal Beach, CA)
• Clearwater Specific Plan EIR (Mammoth Lakes, CA)
• Crossroads Plaza Commercial Center Initial Study and EIR (Bakersfield, CA)
• Dana Point Harbor Revitalization EIR (Dana Point, CA)
• Foothill Parkway Westerly Extension (Corona, CA)
• Hercules Town Center Project EIR (Hercules, CA)
• Holiday Haus Project MND (Mammoth Lakes, CA)
• The Lakes Project EIR (Ontario, CA)
• Lincoln Acres Library and Community Center Project (Cypress, CA)
• Los Gatos General Plan Update (Los Gatos, CA)
• Main Street Widening Project MND (Orange, CA)
• Naples Seawall Interim and Long Range Repair IS /MND (Long Beach, CA)
• Osborne Hill Project EIR (Nevada County, CA)
• Ponto Beachfront Vision Plan Due Diligence (Carlsbad, CA)
• The Sherwin Project EIR (Mammoth Lakes, CA)
• Salt Creek Heights Subdivision Initial Study and EIR (Redding, CA)
• Seal Beach Townhomes Project MND (Seal Beach, CA)
JN 10- 107917 • 65 • March 8, 2011
4 0,
City of El Segundo
AdIbL, Proposal for the Raytheon El Segundo South Campus Specific Plan
VEnvironmental Impact Report and Design Review Services
REBECCA KINNEY, PE I HYDROLOGYMATER QUALITY
Registration /Certification:
1999, Civil Engineer, CA, 58797
Years Experience: 14
Education:
B.S., 1995, Civil Engineering, California Polytechnic State University,
San Luis Obispo
Professional Affiliations:
Member, Society of Women Engineers
Associate Member, American Society of Civil Engineers
Ms. Kinney has extensive experience in all phases of stormwater management projects including planning,
design and construction. Her recent experience has focused on development of Master Plans of Drainage,
which focus on storm drainage facility sizing, stormwater NPDES compliance, stream stability, and floodplain
management. Her planning experience includes large master planned communities and well as supporting
hydrologic and stormwater quality analysis as a basis for CEQA documentation. Ms. Kinney has prepared
Water Quality Management Plans, Stormwater Pollution Prevention Plans, and CEQA water quality technical
studies.
Ms. Kinney is experienced in channel restoration design work including hydrologic and hydraulic modeling
and PS &E work. Ms. Kinney has also served as a regulatory agent for the application of 404 Corps of
Engineers, 401 California Regional Water Quality Control Board, and 1601/1603 California of Department of
Fish and Game permits. She received Wetland Delineation training by the Wetland Training Institute. Her
knowledge of both engineering and environmental requirements makes her an asset to any multi - disciplinary
team.
Rebecca Kinney has extensive experience in all areas of floodplain management and floodplain revisions.
She has completed over 20 different floodplain mapping and revision projects for Cities, Counties,
Developers, and the United States Army Corps of Engineers. Ms. Kinney's experience includes numerous
Flood Insurance Rate Map (FIRM) Revisions including both Conditional Letters of Map Revisions and Letters
of Map Revision. Her FIRM revision experience includes processing map revision model by approximate
methods and detailed methods including floodway models. She is also well versed in computer modeling of
hydraulic systems utilizing HEC -RAS River Analysis System, HEC -2, and Water Surface Pressure Gradient
(WSPG).
Relevant Experience:
• Dana Point Harbor Revitalization EIR (Dana Point, CA)
• Long Point Resort EIR (Rancho Palos Verdes, CA)
• Los Alamitos Pump Station MND (Los Angeles and Orange Counties, CA)
• Marblehead Coastal EIR (San Clemente, CA)
• Marymount College Facilities Expansion EIR (Rancho Palos Verdes, CA)
• North Downtown Lancaster Neighborhood Revitalization / Transit Village Plan EIR /EA (Lancaster, CA)
• Oasis Road Specific Plan Master EIR (Redding, CA)
• Old Town Yucca Valley Specific Plan Program EIR (Yucca Valley, CA)
• Pacific Coast Highway /2nd Street Improvement MND (Long Beach, CA)
• Pacific Gateway Plaza MND (Seal Beach, CA)
• Ritz Carlton (Rancho Palos Verdes, CA)
• Seal Beach Townhomes Project MND (Seal Beach, CA)
• Shoreline Gateway EIR (Long Beach, CA)
• South Pasadena Downtown Revitalization EIR (South Pasadena, CA)
JN 10- 107917 • 66 • March 8, 2011
431
C '4 Y Of,
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C SeGU4Q
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
BOB MATSON I TRANSPORTATION MANAGER
Years Experience: 25
Education:
B.S., 1984, Engineering Technology, California State Polytechnic
University, Pomona
Certificate, 1988, Land Use and Development Planning, University of
California, Irvine
Professional Affiliations:
Member, Institute of Transportation
Mr. Matson has many years of diverse traffic and transportation experience in preparing a wide range of
traffic studies and transportation planning analyses. He is responsible for managing traffic and transportation
studies for planning, environmental and engineering projects. His experience encompasses serving as the
Manager of Transportation for the Irvine Company for major land use planning, entitlements for generating
traffic impact analyses for Caltrans on an on call basis. Mr. Matson and his staff generate a variety of
traffic /transportation studies to analyze and document projects at various stages of development, such as
conceptual planning, preliminary engineering, agency general plan /zoning modifications, environmental
documentation, project/infrastructure phasing, site plans, tract maps, final engineering, construction traffic
management plans, and parking studies. Mr. Matson received his B.S. in Engineering from California State
Polytechnic University, Pomona and Social Ecology Development and Land Use Planning Certification from
the University of California, Irvine, along with numerous Institute of Transportation Studies certifications.
Relevant Experience:
• Beverly Hills Gardens and Montage Hotel Mixed Use Project EIR
• Buena Vista Casino Project Traffic Analysis Support to Agency Staff
• Casino Morongo Roundabout Traffic Visual Simulations
• Downtown Laguna Beach Traffic Circulation and Parking Management Analysis
• Downtown Lancaster Specific Plan Traffic Impact Analysis
• Downtown and Central Long Beach Redevelopment Plans Master EIR
• Downtown Sierra Madre Specific Plan and Program EIR Project Traffic and Parking Impact Analysis
• Hotel Del Coronado Master Plan EIR
• Long Point Resort EIR
• Los Alamitos Medical Center Traffic Impact Analysis
Marblehead Coastal EIR
• Marymount College Facilities Expansion EIR
• North Downtown Lancaster Neighborhood Revitalization / Transit Village Plan EIRIEA
• Oasis Road Specific Plan Master EIR
• Old Town Yucca Valley Specific Plan Program EIR
• Pacific Trade Center EIR
• Perris Downtown Specific Plan Traffic and Parking Analysis
• Plymouth Casino Project Traffic Analysis Support to Agency Staff
• San Fernando Downtown Parking Lots Project Traffic and Parking Impact Analysis
• Seal Beach Townhomes Project MND
• South Pasadena Downtown Revitalization Project Traffic and Parking Impact Analysis
Temple Palms Business Park Traffic Impact Analysis
Torrance Citywide Comprehensive Traffic Study
JN 10- 107917
•67e
March 8, 2011
4. 3
k S f
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
PAUL MARTIN, P.E., T.E. , PTOEI TRANSPORTATION SPECIALIST
Registration /Certification:
2003, Civil Engineer, CA, 65868
2005, Traffic Engineer, CA, 2315
2005, Professional Traffic Operations
Engineer, US, 1651
2005, Civil Engineer, WY, 10623
2007, Civil Engineer, HI, 12701
2008, Civil Engineer, NV, 19817
2009, Civil Engineer, AZ, 49276
Years Experience: 10
Telephone Number: 949 - 855 -7005
E -mail:
.com
Education:
B.S., 1999, Civil Engineering, University of California, Irvine
Professional Affiliations:
Urban Land Institute Member
Congress for New Urbanism
Paul Martin has extensive experience in transportation planning, traffic engineering, and parking analysis.
He is practiced at working with land use planning professionals to develop and refine proposed land use
plans and site plans to increase mobility for multiple users (motorists, transit riders, pedestrians, bicyclists,
etc.) of an integrated transportation circulation system. Paul is focused on customizing solutions for public
and private sector clients to minimize transportation impacts on global climate change in response to
evolving political environments, public sentiment, and government legislation.
He is proficient at identification of feasible traffic and parking mitigation measures for CEQA document
defensibility. In addition to physical solutions to address forecast deficiencies, Paul derives non - physical
solutions to minimize impacts including traffic demand management, parking reduction strategies and parking
management programs.
Based on his traffic engineering experience, Paul is proficient at site access refinements to improve internal
circulation and minimize pedestrian /vehicle conflicts. Paul has prepared multiple traffic flow visual
simulations combining measured vehicular and pedestrian volumes with aerial imagery to show existing and
future traffic circulation conditions. Simulations have shown proposed roadway connections, placement of
traffic signals at varying access points, as well as intersection control by traffic signal or roundabout for public
discussion and understanding.
Relevant Experience:
• Almond Tree Village Mixed -Use Project Traffic Impact Analysis
• Bunker Hill Towers Apartments Area Transit Survey and Parking Analysis
• California Avenue Circulation Review
• Downtown Specific Plan Traffic and Parking Analysis
• Empire Buena Vista Apartment Traffic Impact Analysis
• Engineering Access Roundabout Conceptual Plans
• Garvey Villas Traffic Impact Analysis
• Interstate 5 / Jamboree Road Interchange Improvement
• Laguna Beach Downtown Traffic Impact Analysis
• Laguna Beach Traffic Circulation and Parking Management Analysis
• Marblehead Coastal Project Traffic Analysis
• McCanna Hills Specific Plan 246 Amendment Traffic Impact Analysis
• Orange County Transportation Authority (OCTA) Bus Rapid Transit (BRT), Program Management - Planning Services
University High School Synchro / SimTraffic Simulations
JN 10- 107917
•68•
March 8, 2011
433
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S�.GUt�
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
RICHARD BECK, REA, CEM, CEI I HAZARDOUS MATERIALS ASSESSMENT
Reg istration /Certificatio n:
2005, Registered Environmental Assessor,
8065
2007, Certified Environmental Manager,
10084
2007, Certified Environmental Inspector,
10084
Years Experience: 11
Education:
B.A., 2000, Environmental Studies, University of California, Santa
Cruz
Professional Affiliations:
Association of Environmental Professionals
Building Industry Association
Home Builders Council
BIA Next Generation Group
US Green Building Council
Environmental Assessment Advisory Committee
Mr. Beck manages Regulatory Services for RBF's California, Arizona, and Nevada offices. Routine duties
include supervision of delineation field crew; regulatory specialists that draft, coordinate, and process state
and federal regulatory agency applications; and direct liaison work between public and private sector clients
and regulatory agency staff. Mr. Beck's years of significant regulatory coordination has led to trusted
relationships with regulatory staff at all levels.
Mr. Beck specializes in due diligence planning activities and regulatory permit processing, pursuant to the
Clean Water Act (CWA), the California Porter - Cologne Act, the California Fish and Game Code, the
Endangered Species Act, and the California Coastal Act. Mr. Beck also conducts and oversees the
preparation of hazardous material assessments, which include: Phase I Environmental Site Assessments,
Initial Site Assessments for the California Department of Transportation (Caltrans), Preliminary Hazardous
Material Assessments, and Environmental Baseline Surveys for the Department of the Navy.
Relevant Experience:
• Alton Parkway Extension EIR
• Barranca Parkway Improvements
• Cerone Master Plan Improvements
• Cooks Reservoir
• Coronation Residential Development
• Deer Canyon Estates
• Diamond Bar TTM 53430
• Mira Loma Residential Constraints
• Moon Camp Subdivision
• Stevenson Ranch
• Talega Development
• Tustin Legacy Dewatering
• County of Orange (OC Public Works, formerly OC Public Works RDMD /PFRD) On -Call Regulatory Services
• San Juan Creek Water Line Crossing Replacement at Via Estenaga
• TTM 31538 "Salt Creek" Project
• Ranch at Carbon Canyon Due Diligence
• The Lakes Due Diligence
• Beyer Community Park Site
JN 10- 107917 a 69 • March 8, 2011
43,;
Amk City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
IVEnvironmental Impact Report and Design Review Services
CHARLES A. MARR, PE I INFRASTRUCTURE SPECIALIST
Reg istratio n /Certificati on:
1995, Civil Engineer, CA, 53435
Years Experience: 23
Education:
B.S., Civil Engineering (Environmental Emphasis) California
Polytechnic State University, Pomona
Professional Affiliations:
Associate Member, American Society of Civil Engineers (ASCE)
Member, Orange County Water Association (OCWA)
Engineering Advisor, WEROC
Charles Marr is a registered Civil Engineer in the State of California with many years of experience in water
resources engineering. Mr. Marr has provided engineering services for master plans that have included
domestic water, wastewater, and non domestic water systems for several cities and large residential,
industrial, and commercial developments. These master plans included development of capital improvement
programs for recommended facilities and system sizing to accommodate future development areas. Mr. Marr
has particular expertise in water resources investigations that include analysis of potential water supply
sources and development of future water supply scenarios. These potential water supply sources include
groundwater, imported water, and recycled water. He has also written numerous technical reports consisting
of comprehensive analyses and troubleshooting of wastewater systems.
Relevant Experience:
• Pechanga Indian Reservation Water System Master Plan (Temecula, CA)
• Fontana Southwest Industrial Park (Fontana, CA)
• Highland Fairview Corporate Park (Rancho Belago, CA)
• East Moreno Valley Water and Sewer Systems Evaluation (Moreno Valley, CA)
• Butterfield Development Water and Sewer Master Plan (Banning, CA)
• Garden of Champions Tennis Stadium Complex (Indian Wells, CA)
• Marblehead Coastal Development Water and Sewer Master Plan (Orange County, CA)
• University of California, Irvine (UCI) Campus On -Site Facilities Master Plan (Orange County, CA)
Water Supply Assessments - Mr. Marr and his team have prepared several water supply assessments
(WSA) pursuant to Senate Bill 610 and the California Environmental Quality Act. SB 610 was implemented
in 2002, the reports of which are often included with the environmental documentation required under CEQA.
In general, WSAs rely heavily on the information within the purveying agency's Urban Water Management
Plan (UWMP) and are required for projects that include at least 500 dwelling units or will require the
equivalent amount of water demanded by 500 dwelling units. The goal of the Assessment is to conclude with
a finding that adequate water supply sources are available, or will be available for the Project upon
completion of planned water projects, both now and for the next 20 years. If this cannot be concluded, water
supply is deemed insufficient and could impact the land owner's ability to obtain approvals for the Project.
The SB 610 legislation also requires additional water supply information to be included for all subsequent
Urban Water Management Plans. Among the water purveyors RBF has prepared successful WSAs for
include:
• City of Bakersfield
• City of Chino
• City of Chino Hills
• City of Coachella
• City of Ontario
• City of Tracy
• City of Santa Fe Springs
JN 10- 107917 • 70 • March 8, 2011
43
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C'rCGU�Q
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
MARGIT ALLEN, AICP I DESIGN REVIEW SERVICES
Reg istratio n /Certificatio n:
1991, American Institute of Certified
Planners, CA, 8688
Years Experience: 24
Education:
M.L.A., 1987, Landscape Architecture, California State Polytechnic
University, Pomona
B.A., 1980, Biology, University of California, San Diego
Professional Affiliations:
Member, American Institute of Certified Planners
Member, American Planning Association
Associate Member, Urban Land Institute
Ms. Allen has a wide range of planning experience encompassing a broad array of planning projects
including Specific Plans, Military Reuse Plans, General Plans, Design Guidelines, Development Feasibility
Analysis, Entitlement processing, and Extension of Staff.
Ms. Allen's planning experience includes management of numerous Specific Plan and other land use
planning and entitlement efforts for both the public and private sector, as well as management into the
construction phases. Ms. Allen possesses a background in Policy Planning, Landscape Architecture, Current
Planning and Land Planning. She has extensive experience providing planning services as an extension of
public agency staff. Her responsibilities have included the review and management of policy planning
projects, and review of development submittals for adequacy and compliance with adopted codes and
regulatory documents, management and preparation of staff reports, presentation to policy makers, and
development of conditions of approval. She has overseen the design review process for all of the
subdivisions and commercial developments in the Hamilton Master Plan and Reuse Plan areas in Novato,
CA, comprised of 11 projects from subdivisions to historic hangar reuse as corporate offices.
Relevant Experience:
• MCAS Tustin Hangar Historical Mitigation Program (Tustin Redevelopment Agency)
• MCAS Tustin Design Guidelines (Tustin Redevelopment Agency)
• City of Beverly Hills William Morris Agency Relocation, Extension of Staff (Beverly Hills, Los Angeles County, CA)
• City of Beverly Hills 9900 Wilshire Compliance Monitoring, Extension of Staff (Beverly Hills, Los Angeles County, CA)
• Alameda Point Naval Air Station Reuse Plan Extension of Staff (Alameda, CA)
• Fagan Canyon Planning Services Extension of Staff (Santa Paula, Ventura County, CA)
• Hamilton Planning Services Extension of Staff for Entitlement, Design Review, Building Permit review and inspections for 11
residential and commercial projects(Novato, CA)
• Hamilton Army Airfield Program Management (Novato, Marin County, CA)
• Otay Ranch Review / Planning, Extension of Staff for Planning and Design Review and Policy Development for the 43,000
acre development proposed by the Baldwin Company (Chula Vista, San Diego County, CA)
• McDonnell Center Specific Plan Amendment (Cypress, CA)
• The Groves Property Opportunities and Constraints Study (County of San Diego)
• Commissary Triangle Opportunities and Constraints Analysis (Novato Redevelopment Agency)
• Los Alamitos Medical Center Specific Plan (Los Alamitos, CA)
• Saltworks Specific Plan (Redwood City, CA)
• Solar Entitlement (various)
• Legacy Park / Tustin Legacy Planning Services (City of Tustin, CA)
• First & Cabrillo /Cabrillo Towers, Santa Ana Metro Overlay (Santa Ana, CA)
• Vantis Specific Plan (Aliso Viejo, CA)
• Fullerton Hughes (Fullerton, CA)
• Troxler Due Diligence Studies (Southern California)
• Rich -Haven Specific Plan (City of Ontario, CA)
• Orangecrest Hills Specific Plan Amendments # 1 and 2, (Riverside, CA)
JN 10- 107917
•71 •
March 8, 2011
4 :36'
G� V 0"'
C SEG13
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
JEREMY FRANZINI, RLA I DESIGN REVIEW SERVICES
Registration /Certification:
2001, Registered Landscape Architect, CA
4514
Years Experience: 15
Education:
M.L.A., 1996, Landscape Architecture, Texas A &M University
B.S., 1993, Environmental Studies, University of California, Santa
Barbara
Professional Affiliations:
Member, American Society of Landscape Architects
Member, National Recreation and Park Association
Member, Association of Pedestrian and Bicycle Professionals
Mr. Franzini is a licensed Landscape Architect with extensive experience managing and designing landscape
architectural projects throughout southern California. His expertise includes landscape design, urban design,
site planning, community facilitation, conceptual and schematic design, Master Plans, construction
documents, specifications, cost estimates, and project management for public and private projects. His
ability to creatively balance artistic and scientific principles results in projects that are beautiful, safe, and
enjoyable. Many of his projects incorporate sustainable and green design principles that create lasting
benefits for both the Client and the environment.
Relevant Experience:
• Poinsettia Park Parking Lot Improvements (Carlsbad, CA)
• Trancas Canyon Park (City of Malibu)
• As- Needed Landscape Architecture for Park Design (San Diego County, CA)
• JP Ranch Sports Park (Yucaipa, CA)
• Robb Field Skateboard Park Development Plan (Ocean Beach, CA)
• Balboa Park 6th Avenue Playground Development Plan (San Diego, CA)
• Pacific Electric Bike Trail Connection and Park (City of Long Beach)
• San Gabriel River Trail and Bikeway Staging Area (Rivers and Mountains Conservancy Grant Project) (Seal Beach, CA)
• Black Rail Road (Carlsbad, CA)
• Sand Canyon Avenue Grade Separation at the Metrolink I BNSF Railroad (Irvine, CA)
• Long Beach Boulevard Medians (Long Beach, CA)
• Virginia Village Streetscape Improvements (Long Beach, CA)
• Sports Field at San Diego Jewish Academy Landscape Plan (San Diego, CA)
• Montage Hotel Beverly Hills (Beverly Hills, CA)
• El Segundo Power Redevelopment Project (El Segundo, CA)
• Chollas Substation (Lemon Grove, CA)
A 10- 107917 • 72 • March 8, 2011
4 3'r
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C S£G-13
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
D. SCOTT MAGORIEN, CEG I GEOLOGY AND SOILS
Registration /Certification: Education:
Professional Geologist, CA/WA/WY B.S., 1979, Geology, California State University, Northridge
Certified Engineering Geologist, CANVA
Professional Affiliations:
Years Experience: 30 Member, Society of Women Engineers
Associate Member, American Society of Civil Engineers
For the past 30 years, Mr. Magorien has served as project manager and/ or principal investigator for a wide
variety of project types including:
• Comprehensive landslide, slope stability, faulting, geotechnical and groundwater investigations
before, during, and following construction for large commercial and residential hillside developments
throughout southern California. Also, serve as engineering geologic consultant to several southern
California city engineering and planning departments.
• Geologic and fault- rupture hazards studies for existing and proposed large earthen dams in Los
Angeles, Orange, Riverside San Bernardino and Merced Counties, California.
• Over the past 25 years have provided on call engineering geologic consulting services to the cities of
Huntington Beach, Dana Point, Ranchos Palos Verdes, Mission Viejo, Newport beach, Brea, Sierra
Madre, Highland, Yucaipa and the County of Orange EMA.
• Geotechnical studies for numerous projects with emphasis on geologic /geotechnical hazards
adjacent to active and potentially active faults throughout the Los Angeles Basin, San Bernardino
Valley, Mojave Desert and Santa Cruz Mountains, California.
• Comprehensive geotechnical, faulting and landslide studies for over 3000 earthquake- damaged
homes following the 1989 Loma Prieta, 1992 Landers -Big Bear, and 1994 Northridge earthquakes.
• Principal investigator/ preparer of over 50 EIR -level studies/ reports involving evaluation and
mitigation of geologic hazards/ and groundwater conditions in coastal and inland areas of California,
and Nevada and Utah desert environments. Also provide EIR -level peer review analyses of
geotechnical studies in support of residential, commercial and industrial projects for City planning
agencies.
• For the past 10 years served as a technical expert for the former State of California Board of
Registration for Geologists and Geophysicists, and now serve as a engineering geologic technical
expert to California Board for Professional Engineers and Land Surveyors. Also provide expert
testimony in support of litigation involving slope instability, landslides, active faulting, groundwater -
related impacts, rock characterization, and other geologic hazards.
• Co- author of over 50 technical papers discussing effects of geologic/ structural controls on regional
groundwater movement within carbonate /granitic rock and alluvial aquifers in the Great Basin of
California, Nevada and Utah; U.S. Air Force Ballistic Missile Office;' and abstracts for 1982 annual
meeting Geological Society of America.
JN 10- 107917 • 73 • March 8, 2011
4 ,i8
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
v __.
Environmental Impact Report and Design Review Services
VIL LIABILITY INSURANCE
RBF has general liability insurance in the amount of $4,000,000. RBF's Professional Liability
(Errors and Omissions) amounts to $3,000,000. RBF also carries automobile liability, excess
liability, worker's compensation and employer's liability. Further information and /or certificates of
insurance will be provided by RBF, as requested by the Client.
JN 10- 107917 • 74 • March 8, 2011
4:39
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
.� Environmental Impact Report and Design Review Services
This page intentionally left blank.
A 10- 107917
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March 8, 2011
414' i "►
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City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
VI11, STATEMENT OF FINANCIAL CONDITIONS
This proposal shall be valid for a period of 90 days. Progress billings will be forwarded based on
payment criteria established by the City. These billings will include the fees earned for the billing
period. The City shall make every reasonable effort to review invoices within fifteen (15) working
days from the date of receipt of the invoices and notify Consultant in writing of any particular item
that is alleged to be incorrect.
The fees proposed herein shall apply until June 1, 2012. Due to annual increases in costs
associated with inflation, staff wage increases and increases in direct costs, Consultant will
increase those portions of the contract fee for which work must still be completed after June 1,
2012, by fifteen percent (15 %).
Deviations or modifications from the Scope of Work will result in potential re- evaluation of the
associated fees. Items not specifically stated in the proposal will be considered an additional work
item.
All work will be performed at a "Not to Exceed" contract price, which will become the fixed price
upon completion of negotiations with the City staff authorized to negotiate and agreement. The
total budget includes all miscellaneous costs for travel /mileage, reproduction, telephone, postal,
delivery, reference materials, and incidental expenses.
The budget provides a breakdown of our estimated cost of performing the services described in this
Scope of Services. Our Scope of Services and its associated cost are based on several key
assumptions, including the following:
1. City will develop the mailing list for distribution of the EIR and notices. The City will be
responsible for newspaper cost of publication of notices, which will be billed directly to the
City, so they are not included in the proposed budget.
2. Photocopy costs included in the proposal are for the specified number of copies of
deliverables and reasonable incidental and in -team photocopying. If additional copies of
deliverables are needed, they can be provided with an amendment to the proposed budget.
3. Review cycles for preliminary documents are presented in the scope of work. Additional
review cycles or additional versions of administrative drafts are assumed to not be needed.
4. The proposed work addresses CEQA requirements of the proposed action. Work related to
NEPA compliance, Section 404 compliance, or other permitting processes is not included
(although these can be added, as needed, with a contract amendment). Work concludes at
the acceptance by the City of the final deliverable.
5. The budget is based on completion of work within an agreed upon schedule. If substantial
delay occurs, an amendment of the budget would be warranted to accommodate additional
project management time and other costs. Substantial delay is normally defined as 90 days
or more.
JN 10- 107917 • 76 a March 8, 2011
49.1
FC�T
t SFCi1�Q
City of El Segundo
Proposal for the Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Design Review Services
6. Costs are included for the number of meetings specified in the scope of work. If additional
meetings are needed, they can be included with an amendment of the budget.
7. The extent of public comment on a Draft EIR is not predictable. The proposed budget
includes a reasonable, preliminary estimate time to respond to comments. RBF will consult
with the City after the valuation of the comments to determine if the preliminarily estimated
budget is sufficient. An excessive amount of comments is generally considered to be more
than thirty (30) commenting agencies /individuals and /or over 150 comments that require
answers other than "Comment is noted."
8. Costs have been allocated to tasks to determine the total budget. RBF may reallocate costs
among tasks, as needed, as long as the total budget is not exceeded.
9. Once the proposed project description, baseline, and alternatives are approved by the City
for analysis in the Draft EIR, it is assumed they will not change thereafter. If changes
requiring revisions to analysis or rewriting of EIR information occur, an amendment of the
budget would be warranted.
10. The CEQA statutes or guidelines may change during the course of this EIR. If amendments
require redoing work already performed or substantially increasing effort, a contract
amendment may be warranted.
JN 10- 107917 • 77 • March 8, 2011
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2011
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of a grant from the Federal Aviation
Administration (FAA) of up to $5 Million to be used for the Residential Sound Insulation (RSI)
Program.
RECOMMENDED COUNCIL ACTION:
1. Accept a grant from the Federal Aviation Administration (FAA) of up to $5,000,000;
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 Manage �0
REVIEWED BY: Greg Carpenter, Director nni and Building Safety
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On February 23, 2011, City staff was notified by the Federal Aviation Administration (FAA) that
it had "programmed $5 Million (Fed share) for Noise Mitigation for city of El Segundo'
conditioned upon the grant "be executed no later than March 17, 201 l." In response, City staff
submitted a grant application for $5,000,000 on Wednesday, February 23rd, and was informed
that the application was acceptable, and that the FAA would begin programming action.
City staff had not received the formal grant offer at the time this staff report was written, as is
typical of similar agenda items in the past. And due to the condition that the grant be executed
no later than March 17th, this item could not be placed on the agenda for a later City Council
meeting.
The offer is in keeping with previous terms and conditions of previous FAA grants accepted by
the City, with the recently clarified condition that FAA funding is only to be used for El Segundo
homes north of the "block rounded" Alternative D 65 dB CNEL (Community Noise Equivalent
Level) contour, shown in green on the attached map. Homes south of that line, which were
previously eligible for FAA funding (and are located in the areas highlighted in yellow and red),
are no longer eligible for FAA funding. It is important to note, to avoid confusion, that Los
Angeles World Airports will continue to provide some funding for sound insulation efforts for
homes located in the area highlighted in yellow — although those details are still being finalized
and not directly related to the acceptance of the FAA grant currently before the City Council. -13
444
To date, the City has received sixteen (16) FAA grants totaling $37,599,225 and acceptance of a
$5,000,000 grant from the FAA would raise those totals to seventeen (17) FAA grants, totaling
$42,599,225.
As a precautionary measure, the recommended City Council action is to "Accept a grant from the
Federal Aviation Administration (FAA) of up to $5,000,000" to avoid the need for a special City
Council meeting and /or action in the event the formal grant offer received is for an amount
different than $5,000,000. (The formal grant offer cannot exceed the amount requested, and
therefore "up to $5,000,000" was used.)
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 1,190 homes (with another 40 homes treated by LAWA in the mid- 1980's).
This new grant will be used, along with funding from a LAWA grant, to fund sound insulation
efforts for approximately 125 homes.
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