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2012 Sep 04 - 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, SEPTEMBER 4, 2012 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sec.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -5- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
2. Willmore vs. City of El Segundo, LASC Case No. YC067196
3. Sonek vs. City of El Segundo, WCAB Case No. ADJ8035015
4. Usmani vs. City of El Segundo, WCAB Case No. ADJ712905, ADJ7129188,
ADJ129295
5. Hurst vs. City of El Segundo, LASC Case No. YC067196
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -3-
matters
1. Represented Group: Supervisory and Professional Employees Association
(SPEA)
Negotiator: Greg Carpenter, City Manager
2. Unrepresented Group: Executive Management Group (City Department
Heads)
Negotiator: Greg Carpenter, City Manager
3. Unrepresented Group: Management Confidential Group (Non - represented, non -
department head employees)
Negotiator: Greg Carpenter, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
1. Sale or Lease of City Owned Property (Price and Terms):
Real Property: City owned parking lot at Corner of Main Street and Grand
Avenue (Assessor Parcel Number: 4135- 003 -901)
City's Negotiator: Greg Carpenter, City Manager
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, SEPTEMBER 4, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Alexei Smith, St. Andrew Russian Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
PRESENTATIONS
ROLL CALL
PUBLIC COMMUNICATIONS -- (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to open public hearing regarding the
presentation of the Fiscal Year 2012 -2013 Preliminary Budget, including
discussion and possible direction regarding all city revenues and
expenditures.
(Fiscal impact: Total revenues of $113,605,900.00; Total Expenditures of
$127,010,100.00; General Fund Revenues of $52,192,300.00, Expenditures
of $52,192,300.00
Recommendation - 1) Open Public Hearing; 2) Staff presentation of the 2012-"
2013 Preliminary Budget and Council direction to staff regarding all City
revenues and expenditures (includes potential discussion and direction relating
to all City Department revenues and expenditures); 3) Continue the Public
Hearing to September 18, 2012; 4) Schedule the budget adoption for the
September 18, 2012 meeting; 5) Alternatively discuss and take other action
related to this item
5
C. UNFINISHED BUSINESS
2. Consideration and possible action regarding Adoption of an Ordinance to
approve an Amendment to the Contract between the Board of
Administration of the California Public Employees' Retirement System
(CaIPERS) and the El Segundo City Council to (a) Provide Government
Code Section 20516(a) (3% Employee Cost Sharing of Additional Benefits)
applicable to Local Fire Members and (b) Provide Government Code
Section 20475 (Different Level of Benefits for the 3% @ 55 formula) for
Local Police Members entering into membership after the effective date of
the Contract.
(Fiscal impact: 1.) Cost savings based on the 3% Cost Sharing under GC §
20516(a) estimated at $164,534.08 for Fiscal Year 2012113 2.) Unknown
decrease in the employer safety rate as new employees are hired into the
Second Tier).
Recommendation —1) Waive Second Reading and Adoption of the Ordinance; 2)
Alternatively, discuss and take other action related to this item.
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 2588833 - 2589054 on Register No. 22 in the total amount
of $1,089,507.44 and Wire Transfers from 8103112 through 8116112 in the
total amount of $3,034,169.86.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
4. Regular City Council City Council Meeting Minutes of August 21, 2012 and
Special Strategic Planning Meeting Minutes of August 16, 2012.
Recommendation — Approval.
6
5. Consideration and possible action regarding adoption of a resolution
authorizing the annual destruction of identified records in accordance with
the provisions of Section 34090 of the Government Code of the State of
California.
(Fiscal Impact: Not to exceed $1000.00)
Recommendation — 1) Adopt Resolution authorizing the destruction of certain
records; 2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding adoption of Plans and
Specifications for the Replacement of Apparatus Bay Doors at Fire Station
No. 1, Project No. 10 -10.
Fiscal Impact: $30,000.00
Recommendation: - 1) Adopt Plans and Specifications; 2) Authorize staff to bid
the project for receipt of construction bids; or 3) Alternatively, discuss and take
other possible action related to this item.
7. Consideration and possible action regarding 1) adopting Resolution No.
4779 to approve an Environmental Assessment (EA No. 959) for a proposed
Addendum to a Mitigated Negative Declaration, including the Errata to the
Addendum and the Mitigation Monitoring and Reporting Program (MMRP)
and a General Plan Amendment (GPA No. 12 -01); and 2) adopting
Ordinance No. 1470 approving the 222 Kansas Street Specific Plan project
by adopting Specific Plan Amendment No. 12 -01; Zone Change No. 12 -01;
Zone Text Amendment No. 12 -01; and approving development Agreement
No. 12 -01; Subdivision No. 12 -02 (Vesting Tentative Map No. 71903); and
Site Plan Review No. 12 -01 for the site located at 222 Kansas Street.
Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC
Fiscal Impact: $450,000.00 Developer Contribution
Recommendation: - 1) Adopt Resolution No. 4779; 2) Waive second reading and
adopt Ordinance No. 1470; and /or 3) Alternatively, discuss and take other
possible action related to this item.
8. Consideration and possible action to award a standard Public Works
Contract to the lowest responsible bidder, American Asphalt South, Inc.
for slurry sealing of the streets in the area bounded by Sheldon Street,
Mariposa Avenue, El Segundo Boulevard and Sepulveda Boulevard.
Project No.: PW 12 -05
(Fiscal Impact: $336,567.28)
Recommendation: - 1) Authorize the City Manager to execute a standard Public
Works Contract in a form as approved by the City Attorney with American
Asphalt South, Inc., in the amount of $305,970.25; 2) Alternatively, discuss and
take other possible action related to this item.
CALL ITEMS FROM CONSENT AGENDA
7
F. NEW BUSINESS
9. Presentation by Chief Tavera regarding the Police Departments' Operation
Plan surrounding the Shuttle Endeavor landing.
G. REPORTS - CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson —
Council Member Fisher —
Mayor Pro Tem Fuentes —
10. Consideration and possible action to adopt a resolution urging members of
Congress to pass and the White House to sign legislation to avert across -
the -board fiscal year 2013 sequestration cuts.
Fiscal Impact: None
Recommendation: - 1) Adopt the attached resolution; 2) Alternatively, discuss
and take other possible action related to this item.
Mayor Jacobson —
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 -
E
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sM.) 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: 9 •2�'r2
TIME: L:39-
NAME
9
9
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to open public hearing regarding the presentation of the Fiscal Year
2012 -2013 Preliminary Budget, including discussion and possible direction regarding all city revenues
and expenditures. (Fiscal Impact: Total Revenues of $113,605,900; Total Expenditures of $127,010,100;
General Fund Revenues of $52,192,300, Expenditures of $52,192,300)
RECOMMENDED COUNCIL ACTION:
(1) Open Public Hearing
(2) Staff presentation of the 2012 -2013 Preliminary Budget and Council direction to staff regarding
all City revenues and expenditures (includes potential discussion and direction relating to all City
Department revenues and expenditures)
(3) Continue the Public Hearing to September 18, 2012;
(4) Schedule the budget adoption for the September 18, 2012 meeting;
(5) Alternatively discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Total Revenues of $113,605,900; Total Expenditures of $127,010,100
General Fund Revenues of $52,192,300, Expenditures of $52,192,300
Amount Budgeted: $127,010,100
Additional Appropriation: NIA
Account Number(s): None
ORIGINATED BY: Angelina Garcia, Fiscal Services Manage
REVIEWED BY: Deborah Cullen, Director of Fina e
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Initial planning for the FY 2012 -2013 budget started in June 2012. The first of two Strategic Planning
Sessions (SPS) was held on June 21, 2012. The second SPS was held on August 16'". At this session, staff
presented an update to the FY 2011 -2012 General Fund Yearend Projection, as well as the Preliminary
FY 2012 -2013 General Fund Operating Budget.
The Preliminary FY 2012 -2013 Operating Budget was distributed to the City Council on August 16`h,
2012.
1
10
General Fund Revenues
Over the summer, City staff was informed that future sales tax revenue allocations from one major source
were going to be reallocated from the City of El Segundo to the County pool. This impact is estimated to
result in a decrease in FY 2011 -2012 revenues of approximately $800,000. Unfortunately, this also means
that the FY 2012 -2013 budget was prepared with one full year of this revenue Ioss, projected at
$2,200,000. Sales and Use Tax used to be our top revenue source, peaking at $12.7 million in FY 2009.
Due to the recession and subsequent loss to the County pool, the City has lost approximately $4.2 million
or 33% since 2009.
Other revenue assumptions as compared to yearend estimates are as follows:
• Business License Tax — $200,000 net increase over yearend estimates; 1% Growth due to annual
CPI change; projected decrease in headcount
• Property Tax — $117,000 increase over yearend estimates; 2% Growth
• Transient Occupancy Tax (TOT) — $450,000 increase over yearend estimates, or 10 %; increase
attributed to new hotel
• Cogenerated Tax - $450,000 in additional revenue over yearend estimates from new operations;
however, as generation of this utility increases, there is a comparable decrease in the electric
utility tax.
• Sales Tax — $1,624,000 decrease; 10% decrease from 2012 estimated yearend; 20% decrease
from FY 2011 actuals.
• Charges for Services — $100,900 decrease from yearend estimates, or 5%
• Interest on Investments — $85,000 decrease from yearend estimates
• Utility Users' Tax — no growth.
• All other revenues remain flat or have very little growth compared to yearend estimates
Below is a summary of Preliminary General Fund Revenues presented during the August 16`s SPS:
General Fund Revenue Source
FY 2011-
2012
Adopted
Budget
FY 2011-
2012
Year -end
Estimate
FY 2012-
2013
Preliminary
Budget
Variance
Over/
(Under) FY
2011 -2012
Yearend
Estimate
Business License
$10,049,700
10,100,000
10,300,000
200,000
Sales & Use Tax
8,650,000
7,428,500
6,620,000
- 808,500
Sales Tax in Lieu
2,736,800
2,773,600
1,948,900
- 824,700
Property Tax
6,162,500
5,882,675
6,000,000
117,325
Transient Occupancy (TOT)
4,207,500
4,650,000
51100,000
450,000
Charges for Services
4,175,500
4,243,520
4,163,800
- 79,720
Electric Utility Tax
3,475,000
3,200,000
3,200,000
0
Franchise Tax
2,500,000
2,437,500
2,400,000
- 37,500
Cogeneration Electric
1,125,000
900,000
1,350,000
450,000
License & Permits
1,399,000
1,444,200
1,446,200
2,000
Gas Utility Tax
750,000
700,000
750,000
50,000
Interest on Investments/Rentals
985,000
325,000
240,000
- 85,000
Other Revenues
3,857,900
4,096,744
4,281,100
184,356
Total Revenues Net of Transfers
50,073,900
48,181,739
47,800,000
- 381,739
Transfers In
1,600,000
1,600,000
200,000
- 1,400,000
Total General Fund Revenues
$51,673,900
49,781,739
48,000,000
- 1,781,739
11
General Fund Expenditures
General Fund expenditure assumptions are as follows, as compared to the prior year adopted budget:
• Salaries — increase of $458,000 due to step increases and longevity /educational incentive
premiums; no growth in base salaries
• California Public Employees' Retirement System(CalPERS) Rate Increases — $620,100
— Safety Rate Increase: $475,900
— Misc Group Rate Increase: $144,200
• Other Post - Employment Benefits (OPEB)
— Increase due to updated valuation - $239,000 (Using two -year smoothing).
— Included in the Preliminary Budget is a scheduled drawdown of $1,000,000
• Health Benefits — 3.5% or $100,000
• Non - Personnel Costs - Total decrease of $116,500 or I%
— This category has been reduced by 17 %, approx. $2.1 million, when compared to 2009
actuals.
• Transfers to other funds - decrease of $169,500
— Decrease in Transfer to Facilities Maintenance - $150,000
— Decrease in Transfers to Community Development Block Grant Fund — Due to decrease
in that funds' expenditures
• Equipment Replacement Charges
— Funded at 50% or $730,150; however, staff proposed to eliminate this expense in FY
2012 -2013 as a budget - balancing option.
• ESUSD Funding -
- $250,000 Cash Contribution
$ 80,000 Crossing Guard Services
— $725,000 in In -Kind Services
— In total, the City contributes an estimated $1,028,000 to ESUSD annually.
Staff Priorities
Staff also brought forward two priorities for Council consideration:
Ladder Truck Funding: Staff requested to replace the Fire Departments' aerial ladder truck in the
2012 -2013 fiscal year. This aerial truck has had extensive downtime and repairs to make it
operational have proven costly. Currently, the additional funding needed to purchase a new aerial
ladder truck is $560,000. Staff proposed to fund the purchase by extending the useful lives of
fully- funded items and to make up the $560,000 from the accumulated fund balance in the
Equipment Replacement Fund.
2. Fiber Optic Project Funding: Staff requested to expand the City -owned fiber optic network by
extending the communications system conduit across Sepulveda Boulevard and connecting the
eastern and western sections of the City. This project also includes installing the fiber optic cable
inside the completed conduit system connecting most City facilities. The total cost of the project
is estimated at $440,000. The Equipment Replacement Fund has an accumulated balance of
approximately $70,000 to partially fund this project. Staff proposed to borrow the remaining
$370,000 from the Equipment Replacement Fund to fully fund this project. Once this project is
completed, the City will realize recurring annual savings of about $120,000 in reduced service
delivery charges for telephone, central exchange system and data connections that will no longer
be needed. Therefore, repayment will come from the General Fund's savings of telephone
expense and is expected to be fully paid roughly 3 years from the project completion date.
12
Position Reclassifications
The following Personnel Reclassifications were presented to City Council during the Strategic Planning
Session:
• Fire Deaartment
— Reclassify the Office Specialist II position to an Administrative Specialist position.
• Fiscal Impact — approx. $3,000
• Residential Sound Insulation
— The RSI recommends reclassification of the Office Specialist II position to an
Administrative Specialist position.
• Fiscal Impact — approx. $3,000 charged to the RSI Fund
• City Clerk
— Reclassify the Records Technician position to Deputy City Clerk I.
• Fiscal Impact — no salary increase
• Human Resources
— Reclassify Senior Management Analyst to Senior Human Resources Analyst
• Fiscal Impact — none; title change only
— Reclassify Office Specialist II to Human Resources Assistant
• Fiscal Impact — none; title change only
Below is a summary of the Preliminary General Fund Revenues and Expenditures for FY 2012 -2013. As
is shown below, the Preliminary General Fund Budget was presented with a $4.9 million deficit.
General Fund Budget
Revenues, Net of Transfers
Transfers In
Total General Fund Revenues
Preliminary
FY 2012!2013
$47,600,000
400,000
48,000,000
Total General Fund Expenditures 52,910,300
Initial Deficit
$ (4,910,300)
13
Variance
Over/
FY 2011-
FY 2012-
(Under)
2012
2013
FY2011-
Adopted
Preliminary
2012
GENERAL FUND TOTAL 1
Budget
Bud et
I Budget I
% Variance
Salaries
$26,290,000
27,421,200
1,131,200
4%
Benefits
14,468,100
14,858,700
390,600
3%
Nonpersonnel
10,531,300
10,491,500
- 39,800
0%
Capital Outlay
76,600
0
- 76,600
-100%
Transfers Out
307,900
138,900
- 169,000
-55%
Total
$51,673,900
52,910,300
1,236,400
2%
Below is a summary of the Preliminary General Fund Revenues and Expenditures for FY 2012 -2013. As
is shown below, the Preliminary General Fund Budget was presented with a $4.9 million deficit.
General Fund Budget
Revenues, Net of Transfers
Transfers In
Total General Fund Revenues
Preliminary
FY 2012!2013
$47,600,000
400,000
48,000,000
Total General Fund Expenditures 52,910,300
Initial Deficit
$ (4,910,300)
13
The following budget - balancing options were presented to Council to balance the FY 2012 -2013 General
Fund Budget:
General Fund Deficit:
Budget Balancing Options:
Transfers In:
Balance from Economic Uncertainty:
Aquatics Maintenance/Repairs:
City Hall Improvements:
CIP Fund Balance Douglas Repayment Designation:
Total Transfers In:
Do not fund Equipment Replacement Fund
Total of Budget Balancing Options:
$ (4,910,150)
739,000
525,150
314,280
2,601,570
4,180,000
730,150
$ 4,910,150
After these adjustments, General Fund Revenues and Expenditures are as follows:
General Fund Revenues
FY 2011-
2012
Adopted
Budget
FY2011-
2012
Year -end
Estimate
FY2012-
2013
Preliminary
Budget
Variance
Over/
(Under) FY
2011 -2012
Yearend
Estimate
Business License
$10,049,700
10,100,000
10,306,800
206,800
Sales & Use Tax
8,650,000
7,428,500
6,620,000
- 808,500
Sales Tax in Lieu
2,736,800
2,773,600
I,948,900
- 824,700
Property Tax
6,162,500
5,882,675
6,000,000
117,325
Transient Occupancy (TOT)
4,207,500
4,650,000
5,100,000
450,000
Charges for Services
4,175,500
4,243,520
4,169,300
- 74,220
Electric Utility Tax
3,475,000
3,200,000
3,200,000
0
Franchise Tax
2,500,000
2,437,500
2,400,000
- 37,500
Cogeneration Electric
1,125,000
900,000
1,350,000
450,000
License & Permits
1,399,000
1,444,200
1,446,200
2,000
Gas Utility Tax
750,000
700,000
750,000
50,000
Interest on Investments/Rentals
985,000
325,000
240,000
- 85,000
Other Revenues
3,857,900
4,096,744
4,281,100
184,356
Total General Fund Revenues Net of
Transfers
50,073,900
48,181,739
47,612,300
- 369,439
Transfers In
1,600,000
1,600,000
4,580,000
2,980,000
Total General Fund Revenues
$51,673,900
49,781,739
52,192,300
2,610,561
14
General Fund Expenditures
FY 2011 -2012
Adopted
Budget
FY 2011-
2012
Yearend
Estimate
FY 2012 -2013
Preliminary
Budget
Variance
Over/
(Under) FY
2011 -2012
Budget
Elected Officials
$ 831,500
855,100
830,200
(1,300)
Administrative Support
4,387,300
4,052,000
3,902,900
(484,400)
Police
15,429,400
14,978,000
15,523,300
93,900
Fire
12,158,700
13,085,700
12,920,100
761,400
Communications Center
1,403,300
1,426,900
1,389,500
(13,800)
Planning Building Safety
2,683,800
2,457,400
2,379,800
(304,000)
Public Works
5,247,500
5,037,600
5,422,200
174,700
Recreation and Parks
4,881,700
4,860,600
4,819,500
(62,200)
Library
2,270,500
2,042,400
2,208,400
(62,100)
Nondepartment
2,072,300
2,596,400
2,657,500
585,200
Transfers to Other Funds
307,900
307,900
138,900
(169,000)
Total General Fund Expenditures
$51,673,900
51,700,000
52,192,300
518,400
Other Funds
Internal Service Funds
The budgets in the Internal Service Funds, which include Equipment Replacement, General Liability, and
Workers' Compensation, are all in balance. These funds are used to accumulate and allocate costs
internally among the City's various functions.
The Equipment Replacement Fund will not collect revenues from the General Fund for FY 2012 -2013 but
will collect from all other funds. There is enough accumulated fund balance to sustain budgeted
expenditures and therefore allow for the purchases of critical items. Also, the remaining items' useful
lives will be extended.
The General Liability and Workers' Compensation Funds have been funded at the actuarially determined
expected rate.
Ente1prise Funds
The budgets in the Water and Sewer are in balance. The Golf Course Fund is reporting a slight deficit of
around $19,000. This deficit includes a loan repayment to the General Fund of $200,000.
Collectively, these are all separate funds where the City charges a fee to customers to cover all or most of
the costs of services it provides.
All Other Funds
The budgets of all other funds are in balance.
Summary
The final step in the budget process is a second public hearing and final budget adoption on September
18, 2012. As part of the final budget adoption, staff will prepare a reconciliation of changes from the
preliminary to the final adopted budget. Staff will continue to monitor revenues and expenditures and
report quarterly to City Council and the public.
15
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding Adoption of an Ordinance to approve an
Amendment to the Contract between the Board of Administration of the California Public
Employees' Retirement System (CalPERS) and the El Segundo City Council to (a) Provide
Government Code Section 20516(a) (3% Employee Cost Sharing of Additional Benefits)
applicable to Local Fire Members and (b) Provide Government Code Section 20475
(Different Level of Benefits for the 3% @ 55 formula) for Local Police Members entering
into membership after the effective date of the Contract (Fiscal Impact: 1.) Cost savings
based on the 3% Cost Sharing under GC § 20516(a) estimated at $164,534.08 for Fiscal Year
2012/13 2.) Unknown decrease in the employer safety rate as new employees are hired into
the Second Tier).
RECOMMENDED COUNCIL ACTION:
1. Waive Second Reading and Adoption of the Ordinance
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance
2. CalPERS Exhibit — Amendment to Contract
FISCAL IMPACT: 1.) Cost savings based on the 3% Cost Sharing under GC 20516(a) estimated at
$164,534.08 for Fiscal Year 2012113 2.) Unknown decrease in the employer safety rate as new
employees are hired into the Second Tier
Amount Budgeted: NIA
Additional Appropriation: NIA
Account Number(s): NIA
ORIGINATED BY: Deborah Cullen, Director of Finance/Human Resources
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The City of El Segundo contracts with the California Public Employees Retirement System
(Ca1PERS) in order to provide pension benefits to City employees. Agency benefits provided are
based upon the City Council's contract with the CalPERS Board of Administration. Contract
amendments complying with all applicable PERS laws and regulations can be made to modify
benefits.
Amendments to the City's contract with CalPERS are needed in order to implement provisions of
the Memoranda of Understanding (MOU) with various bargaining units. There are multiple steps
and legal requirements to implement a contract amendment with Ca1PERS, including the passage
and adoption of an Ordinance authorizing the contract amendment, an approved Resolution of
Intention specifying the proposed changes to the contract, an employee election to implement the
cost - sharing provision, and compliance with all applicable Government Code provisions and
CalPERS timelines. At the Council Meeting on August 7, 2012, the Resolution of Intention was
adopted, the first reading of the Ordinance occurred, and the Council approved staff to move forward
with administering the required employee election.
Two -Tier Retirement Formula for Local Police
Government Code § 21363.1 (3% @ 55). Government Code § 20475 (Different Level of Benefits)
The CalPERS retirement formula for Police is currently 3% Co-) 50. The current MOU's for the Police
Management Association (PMA) and Police Officers' Association (POA), approved by the City
Council on October 4h, 2011, include provisions to implement a second tier retirement formula of
3% @ 55, in accordance with Government Code §21363.1, for employees hired into the local police
group on or after the date of the contract amendment with PERS. Per Government Code §20475, a
second tier of benefits with a lower benefit formula can only apply to new hires after the effective
date of the contract.
Employee Cost Sharing for Local Fire
Government Code § 20516(a) (Employee Cost Sharing)
The employer contribution to CalPERS varies from year to year based on an annual actuarial
valuation. The employee contribution to CalPERS for safety plans (Police and Fire) is set at a fixed
nine percent (9 %). Currently, the City's local fire employees pay between four percent (4 %) and
nine percent (9 %) of the employee contribution. Sworn fire personnel in the El Segundo
Firefighters' Association (FFA) pay their full nine percent (9 %) employee contribution. The current
MOU, approved by the City Council on October 4, 2011, includes a provision that FFA employees
will additionally contribute three percent (3 %) cost - sharing toward the employer contribution. It
was agreed the three percent (3 %) would be paid on a post -tax basis under Government Code
Section 20516(f) until such time the City was able to execute a contract amendment with PERS to
implement Government Code §20516(a), allowing employees the benefit of contributing this amount
on a pre -tax basis. Since the contract amendment applies to all local fire classifications, i.e.
classifications outside of the FFA bargaining unit, the contract amendment process could not begin
until the appropriate discussions had taken place with the Supervisory and Professional Employees
Association (SPEA) bargaining unit which represents a local fire classification. It should be noted
that once the contract amendment takes effect, all local fire classifications, regardless of employee
group, will contribute three percent (3 %) under GC §20516(a).
Requirement for Employee Election (For Employer Cost Sharing for Local Fire)
Government Code § 20474 (Secret Ballot Election)
Government Code § 20474 requires a secret ballot election by affected employees whenever the
contract is amended to provide a benefit that changes the employees' rate of contribution. Employee
Cost - Sharing under GC § 20516(a) changes the employee contribution rate so a secret ballot election
is required.
Per the approval of the City Council on August 7, the Human Resources Department administered
the employee election in conjunction with the City Clerk's Office. All Local Fire members were
given the opportunity to vote, including all FFA members, along with Fire Management (Battalion
Chiefs), the SPEA member covered under local fire benefits (Environmental Safety Manager), and
the Fire Chief. The employee election occurred from August 9 — August 20, 2012. Each employee
eligible to participate in the election was sent an official ballot via interoffice mail and a
-2- 17
memorandum indicating that the election is required by CalPERS law. Employees were able to vote
during the designated election period by submitting their secret ballot in a sealed envelope in person
at the City Clerk's Office, by US mail, or interoffice mail.
Forty -eight (48) employees were eligible to vote. The results of the secret ballot election were
tabulated in the City Clerk's office on August 21, 2012. The results of the election were as follows:
"Yes" votes: 41
"No" votes: 0
Timeline and Requirements under Government Code 4 20741
Government Code § 20741 requires a twenty (20) day period between the adoption of the Resolution
of Intention and the Second Reading and Adoption of the Ordinance. Also, following the Resolution
of Intention but preceding adoption of the final documents, the secret ballot employee election must
take place. The required 20 day period and employee election has been completed and therefore the
Second Reading and the Adoption of the ordinance is being presented for approval.
If approved, the Ordinance will become effective on the 31" day following passage and adoption.
The Contract Amendment can take effect the beginning of the first payroll period following the
effective date of the ordinance. Therefore, the Contract Amendment will be effective October 4,
2012 and the Employer Cost - Sharing under GC § 20516(a) (3% pre -tax contribution for local fire
employees) can be effective the payroll period beginning October 6, 2012.
Disclosure of the Cost of this Contract Amendment/Fiscal Impact
Government Code 4 7507
Government Code §7507 requires that the future annual costs or benefit change of the proposed
contract be made public at least two weeks prior to the adoption of the final ordinance. As such,
these costs were initially made public at the Council Meeting on August 7, 2012.
There will be no immediate rate impact from this amendment. Decreases in the employer safety rate
will occur as employees are hired into the second tier retirement formula. Any decreases in the
employer safety rate are based upon the impact of hiring employees into the second level of benefits
(3% @ 55) for Local Police Employees. The employer rate reduction will occur gradually, beginning
on July 1, 2015, if there are second tier employees hired on or before June 30, 2013. Due to the
annual actuarial valuation process that Ca1PERS uses, impacts to employer contribution rates take
effect two years following the end of the fiscal year in which changes occur.
It is estimated that the cost sharing for local fire is saving the City $172,063.03 in Fiscal Year
2011/12 and will result in savings for Fiscal Year 2012/13 of $164,534.08. Implementing the
Contract Amendment under GC § 20516(a) gives the employees the benefit of a pre -tax contribution
and a lower out -of- pocket contribution but does not impact the City savings.
- 3 18
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of El Segundo does ordain as follows:
Section 1: The Attached Exhibit A, an amendment to the contract between the City
Council of the City of El Segundo and the Board of Administration, California Public
Employees' Retirement System, is approved and the Mayor is authorized to execute the
agreement.
Section 2: The City Clerk is directed to certify passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note
of the passage and adoption in the records of this meeting; and, within fifteen (15) days after
the passage and adoption of this Ordinance, cause it to be published or posted in accordance
with California law.
Section 3: This Ordinance will become effective on the thirty -first (315`) day following
its passage and adoption.
PASSED AND ADOPTED this day of , 2012.
Carl Jacobson,
Mayor
19
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Tracy Weaver, 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 , 2012, 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 2012, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
2012.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
20
A
Ca1PERS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of El Segundo
4*
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1943, and witnessed August 25, 1943, and as amended effective November
1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9,
1959, November 7, 1964, October 19, 1968, December 11; 1971, July 20, 1974, July
19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3,
1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19,
1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19,
2001, July 2, 2004, April 12, 2008, May 9, 2009, October 3, 2009 and October 23, 2010
which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective October 23, 2010, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members, age 50 for local police
members entering membership in the police classification on or prior to
the effective date of this amendment to contract, age 55 for local fire
members and for those local police members entering membership for the
first time in the police classification after the effective date of this
amendment to contract.
21
_ Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1943 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non- CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
22
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C, Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 superseded this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Section with Government Code Section 20305 effective July
1, 1994.
7. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after July 1,
1956, the effective date of Social Security coverage, for members whose
service has been included in Federal Social Security (2% at age 55
Full and Modified).
23
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full and Modified).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member entering
membership in the police classification on or prior to the effective date of
this amendment to contract shall be determined in accordance with
Section 21362.2 of said Retirement Law (3% at age 50 Full).
10. The percentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21363.1 of said Retirement Law (3% at age 55 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post - Retirement Survivor Allowance)
for local safety members only.
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only
C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20042 (One -Year Final Compensation).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21548 (Pre - Retirement Option 2W Death Benefit).
Section 20903 (Two Years Additional Service Credit).
24
j. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21363.1 (3% @ 55 Full and Modified formula) for local fire
members.
The employee cost sharing contributions are 3 %. The maximum
employee cost sharing contribution is the normal cost plus the
increase in the accrued liability due to the benefit improvement
amortized over 20 years. In no event shall the employee cost
sharing contribution attributable to the unfunded liability remain in
effect beyond May 19, 2021. Thereafter, in any given contribution
year, the maximum employee cost sharing contribution cannot
exceed 2.591 % of payroll.
k. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local police members entering
membership for the first time in the police classification after the
effective date of this amendment to contract.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
25
14. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of ,
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO
BY BY
KAREN DE FRANK, CHIEF PRESIDING OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT CaIPERS ID #2657082556
PERS - CON -702A
26
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
112 THROUGH 8116/12
Dale
Payee
Amount
Deecr1 palms
8/3/2012
State of CA EFT
3,971.54
EFT Child support payment
8/312012
Manufacturers & Traders
792.31
IRA payment Vantagepoint
8/3/2012
Manufacturers *-,, Traders
4,282.53
401 payment i/antagepoint
8/3/2012
Manufacturers 8 Traders
20,611.63
457 payment Vantagepoint
81312012
South Bay Credit Union
14,975.38
Payroll credit union deduction putt
8/3/2012
Nationwide MRS EFT
2,014.24
EFT 401a payment
8/3/2012
Nationwide IRS EFT
36,456.39
EFT 457 payment
813/2012
UB
7,340.62
PARS payment
818/2012
Lane Donovan Goff Ptr
20,345.40
Payroll Transfer
8/8/2012
Cal Pers
101,368.52
EFT Retirement Misc
8/8/2012
Cal Pers
228,428.99
EFT Retirement Safely
8/8/2012
Health Comp
3,458.71
Weekly claims
8/8/2012
Cal Pers
445,335.77
EFT Health
8/10/2012
West Basin
1,603,813.62
H2O payment
8/14/2012
Health Comp
9,741.62
Weekly claims
8/16/2012
Employment Development
3,801.62
State Taxes
8/16/2012
Employment Development
50,296.94
State Taxes
8/16//2012
IRS
229,005.28
Federal Taxes
7119 - 8/2/12
Workers Comp Activity
48,128.75
SCHMA checks issued
3,034,169.86
DATE OF RATIFICATION: 09/04/12
TOTAL PAYMENTS BY WIRE: 3,034,169.86
Certified as to the accuracy of the wire transfers by:
Depu City Tre surer
I4� I�
ale
"I/ � L
Date
U ;2G %2
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo_
P:lCHy 7reasurer\Wire Transfem\20121Wire 2012 3rd quarterfflire Transfers 8 -16 -12 28
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2012 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 5:00 p.m.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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:
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
Willmore v. City of El Segundo, LASC Case No. BC48502
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -2- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO. 1
C1
29
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-3-
matters
Represented Group: Supervisory and Professional Employees Association (SPEA)
Negotiator: Greg Carpenter, City Manager
Unrepresented Group: Executive Management Group (City Department Heads)
Negotiator: Greg Carpenter, City Manager
Unrepresented Group: Management Confidential Group (Non- represented, non -
department head employees)
Negotiator: Greg Carpenter, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
Sale or Lease of City Owned Property (Price and Terms):
Real Property: City owned parking lot at Corner of Main Street and Grand
Avenue (Assessor Parcel Number: 4135 - 003 -901)
City's Negotiator: Greg Carpenter, City Manager
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO.2
30
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Lee Carlile, Pastor — United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Fisher
PRESENTATIONS
a) Presentation by Denise DiPasquale, South Bay Workforce Investment Board
member will give quarterly board meeting update.
ROLL CALL
Mayor Jacobson - Present
Mayor Pro Tern Fuentes - Present
Council Member Fisher - Present
Council Member Atkinson - Present
Council Member Fellhauer - 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.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member, SECONDED by Council Member to read all ordinances
and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO. 3
31
I . Consideration and possible action to open a Public Hearing, consider testimony,
and adopt a Resolution finding that the City conforms with the annual Congestion
Management Program (CMP) and adopting the annual CMP Local Development
Report, in accordance with California Government Code § 65089. (Fiscal Impact:
None)
Mayor Jacobson stated that this was the time and place to conduct a public hearing and
receive testimony, and adopt a Resolution finding that the City conforms with the annual
Congestion Management Program (CMP) and adopting the annual CMP Local
Development Report, in accordance with California Government Code § 65089.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's Office.
Sam Lee, Planning and Building Safety Director, gave a report.
MOTION by Council Member, SECONDED by to close the public hearing. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 510
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO.
A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE LOCAL
DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE § 65089.
MOTION by Council Member, SECONDED by to adopt Resolution No. finding the City
to be in compliance with the Congestion Management Program and adopting the Local
Development Report in accordance with California Government Code § 65089.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
B. UNFINISHED BUSINESS
2. Consideration and possible action to direct staff to proceed with the Smoky
Hollow Implementation Plan and to provide semi - annual updates as to the
progress of implementation. (Fiscal Impact: Estimated at $426,000 ($176,000 FY
201212013; $250,000 FY 201312014))
MOTION by Council Member, SEECONDED by Council Member to receive and file
presentation and approve staff recommendation to carry out the Smoky Hollow
Implementation Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO.4
32
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. Approved Warrant Numbers 2588629 - 2588832 on Register No. 21 in the total
amount of $874,547.22 and Wire Transfers from 7120112 through 8102112 in the
total amount of $1,824,179.64. Authorized staff to release. Ratified Payroll and
Employee Benefit checks; checks released early due to contracts or agreement;
emergency disbursements and /or adjustments; and wire transfers.
4. Approved Regular City Council City Council Meeting Minutes of August 7, 2012.
5. Waived second reading and adopted Ordinance No. 1470 approving the 222
Kansas Street Specific Plan project by adopting Specific Plan Amendment No.
12 -01; Zone Change No. 12 -01; Zone Text Amendment No. 12 -01; and
approving Development Agreement No. 12 -01; Subdivision No. 12 -02 (Vesting
Tentative Map No. 71903); and Site Plan Review No. 12 -01 on the site located at
222 Kansas Street. Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC.
(Fiscal Impact: $450,000 Developer Contribution)
6. Adopted Resolution No. for establishing new bus stops for Torrance Transit Line
8 per CVC 22500(1) and ESMC 8- 5 -3(D); Approved the request to allow Torrance
Transit to make additional bus stops in the City of El Segundo and affix the
appropriate signage at each stop.
7. Approved request from the El Segundo Kiwanis Club to operate a Beer Garden
in the food court section of the Kiwanis sponsored 36th Annual Richmond Street
Fair on Saturday, September 22, 2012 from 11:00 am — 5:00 pm. subject to
compliance with all Alcohol Beverage Commission regulations and permits.
(Fiscal Impact: None)
8. Accepted the project as complete for the Energy Efficiency Lighting Retrofit
Project. Project No. PW 12 -01 (Fiscal Impact: $93,264.00) Authorized the City
Clerk to File a Notice of Completion in the County Recorder's office.
MOTION by SECONDED by to approve Consent Agenda items 3, 4, 5, 6, 7, and 8.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
9. Consideration and possible action to direct staff to take steps necessary to seek
input from various City Committees regarding a potential agreement with
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO. 5
33
Centercal Properties, LLC for enhancing the driving range and dining facilities at
The Lakes Golf Course which would be operated by Top Golf. The agreement
would be negotiated by the City Manager and City Attorney and presented for
review and potential approval by the City Council at a future date.
(Fiscal Impact: To Be Determined)
Sam Lee, Planning and Building Safety Director, gave a report.
MOTION by SECONDED by to receive and file presentation; Direct staff to seek input
from the Golf Course Subcommittee, Recreation and Park Commission, and Economic
Development Advisory Committee for regarding a potential agreement by and between
the City of El Segundo Centercal Properties, LLC; Direct the City Manager and City
Attorney to negotiate terms of an agreement with Centercal Properties, LLC for a new
Top Golf facility to be located at The Lakes in place of the existing driving range.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
10. Consideration and possible action to approve conceptual designs for the Maple
Ave. Rehabilitation Project so that staff can direct APA Engineering to move
forward with developing plans and specifications for the street improvement
project. (Fiscal Impact: None)
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by, SECONDED by to approve conceptual designs for Maple Ave.
Rehabilitation Project. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson —
Council Member Fisher —
Mayor Pro Tem Fuentes —
Mayor Jacobson -
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO.6
34
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 — NONE
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT AT p.m.
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2012
PAGE NO.7
35
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
THURSDAY, August 16, 2012
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
7:30 a.m.
7 :30 A.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:30 a.m.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern Fuentes -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Pursuant to Government Code § 54954.3(a), the only public comment that will be
permitted during this Special Meeting is that pertaining to the agenda item listed below. 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.
Greg Carpenter, City Manager, gave an overview.
SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding a strategic planning workshop resulting in City
Council approval of the Fiscal Year 2012 -2013 Preliminary Budget. Staff will present a brief
overview of policy issues, challenges /limitations, budgetary assumptions and budget
balancing options used to prepare the fiscal year budget including, without limitation, the
following matters:
Deborah Cullen, Finance Director, gave the financial presentation.
Objectives for the Strategic Planning Session —
Update Fiscal Year 2011 -2012 Yearend Projections
Present budget assumptions and impacts for the Preliminary Fiscal Year 2012 -2013 Budget
Present General Fund Preliminary Fiscal Year 2012 -2013 Budget
Propose budget balancing options
Propose funding options for City identified critical needs
Fiscal Year 2012 -2013 Economic Development Plan
36
Staff to return to Council during the 2012 -2013 Budget Adoption Public Hearing(s), with dollar
estimates for potential future revenue generators - future revenue considerations. SEE
ATTACHED PRESENTATION.
Council consensus to approve recommended reclassifications, budget - balancing options, and staff
priorities for consideration (Fire Department ladder truck replacement and funding of the fiber
optics project) for the 2012 -2013 fiscal year. SEE ATTACHED PRESENTATION.
Sam, Lee, Planning and Building Safety Manager, gave a presentation on the 2013 Economic
Development Strategy. SEE ATTACHED PRESENTATION.
ADJOURNMENT at 8:45 a.m.
Cathy Domann, Deputy City Clerk
ITEM #E4
SPECIAL STRATEGIC PLANNING MEETING MINUTES
OF
AUGUST 16, 2012
FY 2012 2013 STRATEGIC PLANNING SESSION — PRESENTATION
2013 ECONOMIC DEVELOPMENT STRATEGY — PRESENTATION
Refer to PDF file posted to the City of El Segundo Website
http://www.elsegundo.org/depts/elected/agendas.W
Titled
Council Meeting Agenda Packet 09 -04 -12 — Item #E4 Presentations
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of a resolution authorizing the
annual destruction of identified records in accordance with the provisions of Section
34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed
$1,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution authorizing the destruction of certain records;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution with Attachments
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $1,000
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 1302 -6214
ORIGINATED BY: Tracy Weaver
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
Each year various Departments need to transition older documents to storage or destruction and
make space for new records. By reviewing the older records and inventorying the current ones,
available storage space is used more efficiently.
Documents from the City Clerk's Office (miscellaneous administrative and election items) are
proposed to be destroyed.
In addition, documents from the City Attorney's Office (litigation, prosecution, transactional
items, and miscellaneous items), Fire Department (copies of payroll, invoices, and purchase
orders), Library (copies of various agendas and minutes), Police Department (vehicle impounds,
traffic citations, field interview cards, parking citations, miscellaneous correspondence, DOJ
reports, personnel background files — unsuccessful, and daily report logs), Public Works (copies
of bid documents), and the Treasury (deposit slips, wires, check register, UUT items, and credit
card reports) are proposed to be destroyed in accordance with Government Code Section 34090.
CONTINUED ON NEXT PAGE 5
83
BACKGROUND AND DISCUSSION CONTINUED:
All listed records meet the required retention schedule adopted by City Council, Resolution No.
4471, and the City Attorney has given approval for the destruction of these records.
84
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DESTRUCTION OF
PUBLIC RECORDS IN ACCORDANCE WITH THE CALIFORNIA
GOVERNMENT CODE.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Certain documents from the City Clerk's Office, City Attorney's Office,
Fire Department, Library, Police Department, Public Works, and Treasury
are proposed to be destroyed in accord with Government Code § 34090;
B. The City Attorney gave written approval for the destruction of these
records pursuant to Government Code § 34090;
C. Based upon the documents presented to it for destruction, it does not
appear to the City Council that these records need be retained and are
occupying valuable storage space.
SECTION 2: Pursuant to Government Code § 34090, the City Council approves the
destruction of the records referred to in attached Exhibit "A," which is incorporated by
reference, and authorizes the City Clerk to dispose of the records in any lawful manner.
SECTION 3: Upon destroying these documents, the City Clerk is directed to complete a
certificate verifying the destruction of these records and file the certificate with the City's
official records.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions; and make a minute of the
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 5: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 4`h day of September 2012.
Carl Jacobson, Mayor
85
ATTEST:
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: -7:2 %e% —,L�
Karl H. erger
Assistant City Attorney
86
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12117102, Amended
06/07/06 by Resolution 4471):
APPROVED FOR DESTRUCTION:
Department Head
APP D FOR DESTRUCTION:
City ttorney
Date
�1 / /-I-
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
PACity ClerklDestruction Retention12012 CertsTibrary.doc 98
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12117102, Amended
06/07/06 by Resolution 4471):
Records Description
Start
Date
End
Date
Box 9
Retention Period
Dept
Miscellaneous 2009
1 /l /09
12/31/09
1
2 years
City Clerk
Corres ondence
Public Records Request 2009
1/1/09
12/31/09
1
2 years
City Clerk
Miscellaneous Working Files
2006
2006
1
2 years
City Clerk
— Prop 218 Protest 2006
Miscellaneous Working Files
2004
2004
2
2 years
City Clerk
— Election 2004
Miscellaneous Working Files
2006
2006
2
2 years
City Clerk
— Election 2006
APPROVED FOR DESTRUCTION:
Department Head
APPROVED FOR DESTRUCTION:
I A-J� -) /-,t
City Attorney
Date
-
0-7/11 119-
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
PACity Clerk\Deshuction_Retention12012 Certs\City Clerk - Ldoc 89
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12117/02, Amended
06/07/06 by Resolution 4471):
Records Description
Start
Date
End
Date
Box
4 Retention Period
Dept
Public Records Request
JAN
DEC
38
6 Year
Fire
2004
2005
Invoice/P.O.
2004
2005
39
6 Year
Fire
Front Office Payroll copies
JAN
DEC
38
2 calendar year
Fire
2008
2009
Suppression Payroll copies
JAN
DEC
38
3 calendar year
Fire
2008
2009
APPROVED FOR DESTRUCTION:
Department Head
APPROVED FOR DESTRUCTION:
City Attorney
Date
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
CADocuments and SettingslCDomann\Locai Settings\Temporary Internet Files10LK841Cert of Destruction - FD Request submit 7 11
12. doc 90
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended
06/07/06 by Resolution 447'1):
Records Description
Start
Date
End
Date
Box #
Retention Period
Dept
City Council Agenda
1998
2001
10 years
Library
El Segundo Unified School
2005
2007
2 years
Library
District
Planning Commission
2007
2010
2 years
Library
Agenda & Minutes
Parks & Recreation Agenda
2000
2008
2 years
Library
& Minutes
Sr. Housing Minutes
2007
2009
2 years
Library
APPROVED FOR DESTRUCTION:
4,51 0,--
D partment Head
APPRO D FOR DESTRUC ION:
City Attorney
Date
it //'�
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
C:IDocmnents and SettingsULeMay\Locai Settings\Temporary Internet Fi1esl0LK581Cert of Destruction (3).doc 91
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12/17102, Amended
06/07/06 by Resolution 4471):
Records Description
Start Date
End Date
Box
O l I01 /2006
12/31/2006
#
Period
PARKING CITATIONS
Citation
Citation #
1
2 YEARS
POLICE
#498504
502526
01/01/2007
12/31/2007
PARKING CITATIONS
Citation #
Citation
2
2 YEARS
POLICE
513387
01/01/2008
#527902
12/31/2008
PARKING CITATIONS
Citation #
Citation
3
2 YEARS
POLICE
488177
#520326
01/01/2009
12/31/2009
PARKING CITATIONS
Citation #
Citation #
4
2 YEARS
POLICE
502527
508975
01/01/2004
12/31/2004
TRAFFIC CITATIONS
Citation #
Citation #
1
2 YEARS
POLICE
450817
482976
01/01/2005
12/31/2005
TRAFFIC CITATIONS
Citation #
Citation #
2
2 YEARS
POLICE
483000
484799
01/01/2005
12/31/2005
TRAFFIC CITATIONS
Citation #
Citation #
3
2 YEARS
POLICE
484800
486699
01/01/2005
12/31/2005
TRAFFIC CITATIONS
Citation #
Citation #
4
2 YEARS
POLICE
486700
488799
_
01/01/2006
12/31/2006
TRAFFIC CITATIONS
Citation #
Citation #
5
2 YEARS
POLICE
483200
496999
01/01/2006
12/31/2006
TRAFFIC CITATIONS
Citation #
Citation #
6
2 YEARS
POLICE
497000
501063
01/01/2008
12/31/2009
AFTER DATA
FIELD INTERVIEW CARDS
080101-
090101-
1
ENTERED IN
POLICE
081230
091221
RMS
NAMy Documents\Records documentsWestruction of rmords\Cert of Destruction 07162012.doc
Records -Description
Start Date End Date
Bo x
Retention
PUBLIC RECORDS
#
Period
WHEN NO
CHECKS
01/01/2008 12/31/2009
1
LONGER
POLICE
REQUIRED
CONVERTED
CRIME STATISTICAL,
DOCUMENT
MONTHLY UNIFORM
1995 2002
1
IMAGING,
POLICE
CRIME REPORTS
ORIGINALS NO
LONGER
REQUIRED
IMPOUNDED & STORED
VEHICLES REPORTS
(FORM CHP180)
01/01/2005
12/31/2005
1
2 YEARS
POLICE
NON - CRIMINAL REPORTS
ONLY
IMPOUNDED & STORED
VEHICLES REPORTS
(FORM CHP180)
01/01/2006
12/31/2006
2 2 YEARS
POLICE
NON- CRIMINAL REPORTS
ONLY
IMPOUNDED & STORED
VEHICLES REPORTS
(FORM CHP180)
01/01/2007
12/3I/2007
3 2 YEARS
POLICE
NON - CRIMINAL REPORT
ONLY
IMPOUNDED & STORED
VEHICLES REPORTS
(FORM CHP180)
01/01/2008
12/31/2008
4
2 YEARS
POLICE
NON - CRIMINAL REPORTS
ONLY
_
NON- CRIMINAL REPORTS
-
(LOST & FOUND
PROPERTY, INCIDENT
REPORTS, TRAFFIC
01/01/2005
12/31/2007
1 -5 °
2 YEARS
POLICE
COLLISIONS PROPERTY
DAMAGE
WHEN NO
SUBPOENAS
01/01/2007
12/31/2009
1
LONGER
POLICE
REQUIRED
DAILY CRIME REPORT
-
LOGS
01/01/2007
12/31/2009
1
2 YEARS
2 YEARS
POLICE
PUBLIC ARREST LOGS
01/01/2007
12/31/2009
1
NO LONGER
POLICE
REQUIRED
NAMy Documents\Records documentsWestruction of recordsTert of Destruction 07162012.doc 93
Records
Period
MISCELLANEOUS
CORRESPONDENCE
WHEN NO
(LETTERS, NOTES,
01/01/2009
12/31/2009
1
LONGER
POLICE
DRAFTS, MEMOS, ETC.
REQUIRED
COPIES OF DUPLICATE
WHEN NO
RECORDS
01/01/2007
12/31/2009
1 -2
LONGER
POLICE
REQUIRED
WARRANTS PRINTOUTS
WHEN NO
NO LONGER ACTIVE
01/01/2007
12/31/2008
1
LONGER
POLICE
REQUIRED
CLEARANCE
WHEN NO
LETTERS /APPLICATIONS
01/01/2007
12/31/2009
1
LONGER
POLICE
REQUIRED
DEPARTMENT OF JUSTICE
VALIDATION LIST (NCIC
01/01/2000
12/31/2003
1 -2
2 YEARS
POLICE
MONTHLY REPORTS)
CRIME REPORTS: SEALED
CASES (FACTUAL
01/01/2005
12/31/2007
1 -2
3 YEARS
POLICE
INNOCENCE)
CRIME REPORTS:
MISDEMEANORS, NO
7 YEARS OR
LONGER ACTIVE, CLOSED
1995 1997 1 -5
UPON DOJ
POLICE
CASES.
NOTIFICATION
CONVERTED
INTO
CRIME REPORTS
10/01/2002 12/31/2003 1 -36
DOCUMENT
POLICE
(ORIGINALS)
IMAGING/NO
LONGER
NEEDED
CONVERTED
INTO
CRIME REPORTS
DOCUMENT
(ORIGINALS)
01/01/2004 12/31/2004 1 -26
IMAGING/
POLICE
ORIGINALS NO
LONGER
_
NEEDED
CONVERTED
INTO
DOCUMENT
CRIME REPORTS
°
IMAGING/
(ORIGINALS}
01/01/2005 12/31/2005 1-29
ORIGINALS NO
POLICE
LONGER
NEEDED
N:IMy DocumentslRecotds documentsldestruction of recordslCert of Destruction 07162012.doc
94
CRIME REPORTS
(ORIGINALS)
CRIME REPORTS
(ORIGINALS)
01/01/2006 112/31/2006 1 1 -31
01/01/2007
APPROVED FOR DESTRUCTION:
(L��
Department Head
APPROVED FOR DESTRUCTION:
><ty Attorney
12/31/2007
1 1 -33
Date
ate
CONVERTED
INTO
DOCUMENT
IMAGING/
ORIGINALS NO
LONGER
NEEDED
CONVERTED
INTO
DOCUMENT
IMAGING/
ORIGINALS NO
LONGER
NEEDED
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
POLICE
POLICE
N:IMy L3ocumentslItecords documenisldestruction of recordslCert of Destruction 07162012.doc
95
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended
06/07/06 by Resolution 4471):
Records Description
Start
Date
End
Date
Box 9
Retention Period
Dept
Personnel background files
for • •. - not •
withdrew, or
disqualified, —.MEN
APPROVED FOR DESTRUCTION:
-!�� C,
epartment Head
AP MOVED FOR DESTRUCTION:
City Attomey
7 w -W
Date
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
CADocuments and Settingslcjeffers.PD\Local SettingATemporary Internet Files\OLKA\Cert of Destruction.doc 96
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended
06/07/06 by Resolution 4471):
APPROVED FOR DESTRUCTION:
Head Date
ESTRUCTION:
e 1 ///;;4// Z --
Attorney % Date
I HEREBY CEFIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
PACity C1erk\Destruction_Retention12012 CertslPW - l.doc 97
Box # 1
PW 01 -12 Pump Station 6
PW 01 -15 Pump Station 5
Box # 2
Parking Garage Project
PW 03 -11 Sewer Lining Project
PW 02 -10 City Hall Elevator Installation
Box #3
PW 07 -01 Playground Equipment Replacement
PW 05 -13 Installation of ADA Doors
PW 01 -05 Rec Park Electrical Upgrades
Box #4
97 -98 Repair of Sewer Lines
Sewer System Rehab
PW 97 -24 Sewer Manhole Lining
Pw 95 -6 Sewer Manhole Lining
PW 00 -18 Sewer Access Structure Lining
PW 05 -12 Rehabilitation of Continetal Blvd.
PW 07 -03 Library Restoration
PW 06 -12 Repacement of Blue Stones
Box # 5
PW 03 -05 Park Vista Exterior Painting
PW 06 -05 05 -06 Annual Sidewalk, Curb and Gutter, ect.
Park Vista Senior Housing Deck Repair
Box # 6
PW 03 -14 Installation of Chloronation System at City Plunge
Upgrades and Misc. Items
PW 01 -18 Imperial Ave. Vista Upgrade
PW 03 -17 Pavement Rehab for El Segundo Blvd.
Box # 7
PW 09 -08 Annual Curb and Gutter,ect.
PW 07 -11 2006 -2007 Slurry Seal Project
PW 09 -10 Furnishing and Application of Slurry Seal on Various Streets
PW 97 -17 Rehab of Vista Del Mar
Box # 8
PW 01 -21 Maintenance Facility Storage Bins Roof Structure
PW 01 -11 Maintenance Facility Replacement and Upgrade of Generator
PW 02 -01 Sewer Access Structure Lining Project
Box # 9
PW 06 -09 Slurry Seal
PW 01 -07 Pumpstation No. 17
PW 04 -11 Curb and Gutter, ect.
PW 08 -09 2007 -2008 Slurry Seal
PW 07 -02 Curb and Gutter, ect.
98
Box # 10
Sanitation Pump Station No. 7
PW 04 -09 Holly /Kansas Park
PW 98-6 Sewer Rehab W of Virginia Between Oak and Walnut
PW 99-4 Sewer Lining Project
Box # 11
PW 00-6 CCTV Sewer Main
PW 00 -1 Pump Station No.13 Modification
PW 08 -05 2007 -2008 Annual Concrete Rplacement
Pump Station 15 and 19 City Council Agreement
Box # 12
PW 04 -02 Skateboard Park Project
PW 07 -08 Rosecrans Pavement Rehabilitation
PW 00 -12 Sanitary Sewer Manhole Lining
99
CITY OF EL SEGUNDO
RECORDS DESTRUCTION FORM
The records listed below are scheduled to be destroyed, as indicated on the Retention
Schedule adopted by the City Council (Resolution 4291 adopted 12/17102, Amended
06/07/06 by Resolution 4471):
Records Description
UBOC Deposit Slips
Start
Date
471/2004
End Mite
09/30/2004
Box
244516204
Retenti
Oil
Period
7 Years
Dept
Treasury
Worker Comp Check Register
& Paramedic
10/1/2003
09/30/2004
244516221
7 Years
Treasury
UBOC Deposit Slips
Rce &Park
10/1/2004
12/31/2004
244516255
7 Years
Treasury
Union Bank Statement / Wires
10/1/2004
09/30/2004
244516199
7 Years
Treasury
UBOC Deposit Slips
3/15/2005
05/31/2004
244516237
7 Years
Treasur
UBOC Deposit Slips
10/1/2004
12/31/2004
244516255
7 Years
Treasury
Credit Card Report
1/1/2003
12/31/2004
615403765
7 Years
Treasury
Utility Users Tax
10/1/2006
9/30/2007
279774872 17
Years
Treasury
Utility Users Tax
10/1/2006
9/30/2007
279774873
7 Years
Treasury
Utility Users Tax
10/1/2006
9/30/2007
279774874
7 Years
Treasury
APPROVED FOR DESTRUCTION:
f
e artme Mead
APPROVED FOR DESTRUCTION:
City Attorney
-7 �j /f z
Date
Date
I HEREBY CERTIFY that the items listed above are approved for destruction on
in accordance with City policies and procedures:
Tracy Weaver, City Clerk
Date
NAMISCOestructionTert of Destruction - Jun 12.doc 100
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of Plans and Specifications for the
Replacement of Apparatus Bay Doors at Fire Station No. 1, Project No. 10 -10 (Fiscal
Impact: $30,000.00)
RECOMMENDED COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Authorize staff to bid the project for receipt of construction bids; or
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $30,000.00
Additional Appropriation: No
Account Number(s): 001 -400- 3201 -6215
ORIGINATED BY: Arianne Bola, Associate Engineer
REVIEWED BY: Stephanie Katsouleas, Public W ks Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The three existing apparatus bay doors at Fire Station #1 were installed in 1986 and they have
been repaired numerous times since originally installed. The doors open and close utilizing a
telescoping set of twelve panels that rub against one another. Friction was historically reduced
through the use of felt pads installed along the length of each panel. These felt pads have worn
out and are causing metal -on -metal rubbing which has caused unsightly rust stains on the doors.
Because of this metal -on -metal rubbing, painting the doors is not an option, as the paint would be
scraped off within a day or two. Additionally, the doors are obsolete and have not been
manufactured in more than 10 years. Parts are no longer available and the original vendor has
gone out of business. For these reasons, it is now time to replace the doors.
These new doors are substantially similar to the new Fire Station 2 and provide a modern and
aesthetically pleasing look to Fire Station 1.The work consists of removing the existing three
doors, installing new ones and reconnecting the existing door timers and exhaust systems.
Funding for this project is provided through the Fire Department Development Impact fees. By
law, these fees can only be used for equipment and building improvements and purchases, and
can not be used for any other purpose. 6
101
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding: 1) adopting Resolution No. 4779 to approve an
Environmental Assessment (EA No. 959) for a proposed Addendum to a Mitigated Negative
Declaration, including the Errata to the Addendum and the Mitigation Monitoring and Reporting
Program (MMRP) and a General Plan Amendment (GPA No. 12 -01); and 2) adopting Ordinance
No. 1470 approving the 222 Kansas Street Specific Plan project by adopting Specific Plan
Amendment No. 12 -01; Zone Change No. 12 -01; Zone Text Amendment No. 12 -01; and
approving Development Agreement No. 12 -01; Subdivision No. 12 -02 (Vesting Tentative Map
No. 71903); and Site Plan Review No. 12 -01 for the site located at 222 Kansas Street.
Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC (Fiscal Impact: $450,000
Developer Contribution)
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution No. 4779;
2. Waive second reading and adopt Ordinance No. 1470; and/or
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution No. 4779 and Attachments (Exhibits A through G); and
2. Ordinance No. 1470 and Attachments (Exhibits A through F)
FISCAL IMPACT: $450,000 (Contribution to the City in lieu of taxes)
Amount Budgeted: NIA
Additional Appropriation: NIA
Account Number(s): NIA
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager ' V-
REVIEWED BY: Sam Lee, Director of Planning d Building Safety
APPROVED BY: Greg Carpenter, City Manager.
BACKGROUD AND DISCUSSION:
I. Background and Discussion
On August 7, 2012, the City Council adopted Resolution No. 4779 approving the Project. The
City Council also introduced an Ordinance implementing several zone changes and zone text
amendments, approving a development agreement, a vesting tentative map, and Site Plan Review
for the Project.
7
103
After the August 7, 2012 City Council meeting, staff identified technical errors in Resolution No.
4779 and Ordinance No. 1470. Specifically, several maps and the Smoky Hollow Specific Plan
boundary description attached as exhibits to those documents were incorrect. Staff made the
following changes to correct the Ordinance: a) Ordinance Section, I was modified to reflect that
the City Council reintroduced the Ordinance on August 21, 2012; b) Ordinance Section 12 was
modified to reflect the acreage of the Smoky Hollow Specific Plan accurately; c) Ordinance
Section 24 was modified to reflect the revised introduction and adoption dates; d) Ordinance
Exhibit A (Zoning Map) was modified to include an area that was previously omitted in the
Smoky Hollow Specific Plan; e) Ordinance Exhibit B (Smoky Hollow Map Exhibits) was
modified to include the same omitted area in the Smoky Hollow Specific Plan; and f) Ordinance
Exhibit C (Smoky Hollow Appendix A — Boundary Description) was modified to revise the
northern boundary of the Smoky Hollow Specific Plan to include the same area. Staff made the
following changes to correct the Resolution: a) Resolution Section 1 was modified to reflect that
the City Council reintroduced the Ordinance on August 21, 2012; b) Resolution Section 11 was
modified to reflect the revised adoption date; c) Resolution Exhibit D (General Plan Land Use
Element) was modified to reflect the acreage of the Smoky Hollow Specific Plan accurately; d)
Resolution Exhibit E (General Plan Existing Trends Buildout Table) was modified to reflect the
acreage of the Smoky Hollow Specific Plan accurately; and e) Resolution Exhibit F (General
Plan Land Use Map) was modified to include an area that was previously omitted in the Smoky
Hollow Specific Plan that was not proposed to be removed.
On August 21, 2012, the City Council reintroduced the corrected Ordinance No. 1470. If
adopted, Ordinance No. 1470 will become effective in 30 days. The City Council also directed
staff to prepare a revised Resolution No. 4779 for re- adoption.
P:1Planning & Building Safetyl0 Planning - Old\PROJECTS ( Planning)' - .951- 9751EA- 9591City Council
090420121EA -959 CCStaff Report 2ndreading 09042012.doc
104
EXHIBIT 1
RESOLUTION NO. 4779
A RESOLUTION APPROVING AN ADDENDUM TO A MITIGATED
NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT
(EA) NO. 959 AND ADOPTING GENERAL PLAN AMENDMENT (GPA)
NO. 12 -01 FOR THE 222 KANSAS STREET SPECIFIC PLAN AND A
DEVELOPMENT PROJECT AT 222 KANSAS STREET.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On February 26, 2009, the Planning Commission ( "Commission ")
approved an Initial Study /Mitigated Negative Declaration (IS /MND) for an
Environmental Assessment No. EA -788, Subdivision (SUB) No. 08 -01,
and Smoky Hollow Site Plan Review (SHSP) No. 08 -01 to allow: a) the
construction of five one and two -story buildings totaling 79,513 square feet
and b) a subdivision into 55 condominium air space units. The project
would have been constructed subject to the requirements of the Medium
Manufacturing (MM) Zone; the proposed uses were light industrial,
general office, and restaurant uses and the proposed floor area ratio
(FAR) was 0.37;
B. On January 19, 2012, Mar Ventures, Inc., filed an application on behalf of
SMPO Lab, LLC, for an Environmental Assessment (EA No. 959), a
General Plan Amendment to re- designate the 4.83 -acre project site from
Smoky Hollow Mixed Use to "222 Kansas Street Specific Plan" (222
KSSP); a Specific Plan Amendment to remove the subject property from
the Smoky Hollow Specific Plan boundaries and to establish a new "222
Kansas Street Specific Plan" (222 KSSP) and to establish the
development standards within the Specific Plan; a Zone Change to amend
the Zoning Map to rezone the project site from the Medium Manufacturing
(MM) Zone with a Grand Avenue Commercial (GAC) Overlay District to
the 222 Kansas Street Specific Plan (222 KSSP) Zone; a Zone Text
Amendment; to add a new ESMC § 15- 3- 2(A)(8) "222 Kansas Street
Specific Plan "; and to modify ESMC Chapter 15 -11; a Development
Agreement to provide public benefits in exchange for development rights;
a Subdivision of the "Phase 2" property into four parcels and 20
condominium units; and Site Plan Review for construction of a 45,152
square -foot facility operated by the USDA on the southern portion of the
property (Phase 1), and two office buildings totaling 31,000 square feet in
floor area on the northern portion of the property (Phase 2) ( "proposed
project ");
-1- 105
C. The applications from Mar Ventures, Inc. on behalf of SMPO Lab, LLC
were reviewed by the City of El Segundo 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. An Addendum to the Initial Study /Mitigated Negative Declaration for EA
No. 773 (approved by the El Segundo Planning Commission on February
26, 2009) was prepared pursuant to the requirements of CEQA Guidelines
§ 15164. Pursuant to CEQA, the Addendum need not be circulated for
public review (CEQA § 15164(c)) however, an addendum is to be
considered by the decision - making body before to making a decision on
the project (CEQA § 15164(d));
F. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for July 12, 2012;
G. On July 12, 2012, the Commission held a public hearing to receive public
testimony and other evidence regarding the applications including, without
limitation, information provided to the Commission by City staff and public
testimony, and representatives of Mar Ventures, Inc. and SMPO Lab, LLC;
H. Following the public hearing, the Planning Commission adopted
Resolution No. 2721 recommending City Council approval of
Environmental Assessment (Ea) No. 959; Adopt General Plan
Amendment (GPA) No. 12 -01, Specific Plan Amendment (SPA) No. 12-
01, Zone Change (ZC) No. 12 -01, Zone Text Amendment (ZTA) No. 12-
01; and approve Development Agreement (DA) No, 12 -01, Subdivision
(SUB) No. 12 -02 (VTM 71903), and Site Plan Review (SPR) No. 12 -01;
I. On August 7, 2012, the City Council held a public hearing and considered
the information provided by City staff, public testimony and the applicant,
Mar Ventures, Inc;
J. On August 7, 2012, the City Council introduced and waived first reading of
Ordinance No. 1470 approving Specific Plan Amendment No. 12 -01, Zone
Change No. 12 -01, Zone Text Amendment No. 12 -01, Development
Agreement No. 12 -01, Subdivision No. 12 -02, and Site Plan Review No.
12 -01;
-2- 106
K. On August 21, 2012, the City Council reintroduced a revised ordinance
and considered the information provided by City staff, public testimony
and the applicant, Mar Ventures, Inc.; and
L. This Resolution and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the Council at its August 7, 2012 and August 21, 2012
hearings including, without limitation, the staff report submitted by the
Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the
following facts exist:
A. The subject property is located at 222 Kansas Street, between Grand
Avenue and Franklin Avenue, currently in the Medium Manufacturing
(MM) Zone of the Smoky Hollow Specific Plan (SHSP) and proposed in
the 222 Kansas Street Specific Plan (222 KSSP) Zone;
B. The property is comprised of two parcels with a total area of 4.83 acres.
The property is bounded by Grand Avenue to the north, Kansas Street to
the west, Franklin Avenue to the south, and a Military Entrance
Processing Station (MEPS) and light industrial uses to the east;
C. The surrounding land uses are primarily multi - family residential, general
office, light industrial, and auto- repair uses to the north, medical offices,
and light industrial uses to the east, office and light industrial uses to the
south, and light industrial uses to the west;
D. The proposed project involves an Environmental Assessment (EA No.
959), a General Plan Amendment to re- designate the 4.83 -acre project
site from Smoky Hollow Mixed Use to "222 Kansas Street Specific Plan"
(222 KSSP); a Specific Plan Amendment to remove the subject property
from the Smoky Hallow Specific Plan boundaries and to establish a new
"222 Kansas Street Specific Plan" (222 KSSP) and to establish the
development standards within the Specific Plan; a Zone Change to amend
the Zoning Map to rezone the project site from the Medium Manufacturing
(MM) Zone with a Grand Avenue Commercial (GAC) Overlay District to
the 222 Kansas Street Specific Plan (222 KSSP) Zone; a Zone Text
Amendment to add a new ESMC § 15- 3- 2(A)(8) "222 Kansas Street
Specific Plan "; and to modify ESMC Chapter 15 -11; a Development
Agreement to provide public benefits in exchange for development rights;
a Subdivision of the "Phase 2" property into four parcels and 20
condominium units; and Site Plan Review for construction of a 45,152
square -foot facility operated by the USDA on the southern portion of the
property (Phase 1), and two office buildings totaling 31,000 square feet in
-3- 107
floor area on the northern portion of the property (Phase 2) (which site
plan is incorporated into the 222 Kansas Street Specific Plan as Exhibits 2
- 8 ( "Approved Site Plan ");
E. The subject site is roughly rectangular in shape, relatively flat with
approximately a one percent slope from north to south, with the exception
of a 15 to 25 -foot tall stockpile of crushed rock in the southeast corner;
F. The majority of the 4.83 -acre site is currently vacant and undeveloped. A
6,593 square -foot portion of the site at the northeast corner is paved and
used as overflow vehicle parking and storage for the Jim and Jack's auto
repair facility across Grand Avenue;
G. Vehicular access to the proposed USDA facility would be provided from
two driveway entrances on Franklin Avenue and a driveway entrance on
Kansas Street. Vehicular access to the office /industrial buildings in the
north portion of the site would be provided from a second driveway
entrance on Kansas Street. The two office /industrial buildings would be
located on separate lots and would share driveway access through a
Reciprocal Access Agreement. Vehicular access to the overflow vehicle
parking and storage lot for Jim and Jack's would be provided from a
driveway entrance on Grand Avenue;
H. One hundred -eight parking spaces would be provided for the USDA facility
in two separate parking areas and six loading spaces. One hundred -three
parking spaces and one loading space would be provided for the two
office /industrial buildings on a separate abutting lot. Twenty -one parking
spaces would be provided on the Jim and Jack's overflow vehicle parking
and storage lot;
The proposed General Plan re- designation and rezoning of the Project
Area would change the General Plan Land Use designation from Smoky
Hollow Mixed Use to the 222 Kansas Street Specific Plan designation and
rezone the area from the Medium Manufacturing (MM) Zone with a Grand
Avenue Commercial (GAC) Zone Overlay District to the 222 Kansas
Street Specific Plan (222 KSSP) Zone;
J. The proposed 222 Kansas Street Specific Plan incorporates a list of
permitted uses, development standards, and architectural guidelines to
guide development within the Specific Plan area;
K. The proposed 222 Kansas Street Specific Plan eliminates the Medium
Manufacturing (MM) Zone 15,000 square -foot limit on general
and /multimedia related office uses per site and permits office and other
uses up to a floor area ratio (FAR) of 0.60;
L. The proposed Zone Text Amendment would amend the following: 1)
ESMC § 15- 3 -2(A) to add the 222 Kansas Street Specific Plan (KSSP); 2)
ESMC § 15- 11- 1(A)(1) to remove the Project Area from the Smoky Hollow
Specific Plan area; 3) ESMC § 15- 11- 2(D)(8) to remove the Project Area
from Exhibit 11 -2 (Smoky Hollow Block Conditions Surrey Map); 4) ESMC
§ 15- 11- 2(D)(9) to remove the Project Area from Exhibit II -3 (Smoky
Hollow Target of Opportunity Map); 5) ESMC § 15- 11 -2(E) to remove the
Project Area from Exhibit II -4 (Smoky Hollow Specific Plan Base District
Map); 6) ESMC § 15- 11 -2(F) to remove the Project Area from Exhibit II -5
(Smoky Hollow Specific Plan Circulation Plan Map); 7) ESMC § 15-11 -
2(F)(5) to remove the Project Area from the Exhibit 11 -6 (Smoky Hollow
Specific Plan Cooperative Parking Opportunities Map); 8) ESMC § 15-11 -
2(G)(3) to remove the Project Area from Exhibit II -7 (Smoky Hollow
Specific Plan Sewer Master Plan Map); 9) ESMC § 15- 11- 2(G)(3) to
remove the Project Area from Exhibit II -8 (Smoky Hollow Specific Plan
Flood Control & Drainage Map); 10) ESMC § 15- 11 -3(A) to remove the
Project Area from Exhibit III -1 (Smoky Hollow Specific Plan Land Use
Map); 11) ESMC § 15- 11 -3(D) to remove the Project Area from Exhibit III-
2 (Smoky Hollow Specific Plan Floating Zone Map); and 12) ESMC § 15-
11 -5 (Appendix A; Boundary Description) to remove the Project Area from
the Smoky Hollow Specific Plan area;
M. The proposed Subdivision would divide the 1.55 -acre parcel in Phase 2
into four separate lots. Lot 1 would be developed with a two -story, 12,655
square -foot office /industrial building; Lot 2 would be developed with a two -
story, 17,051 square -foot office /industrial building; Lot 3 would be
developed with a parking area for 103 parking spaces; and Lot 4 would be
redeveloped into a 21- parking space vehicle parking and storage area for
the Jim and Jack's auto - repair facility. Lots 1 and 2 would each be further
divided into ten condominium air space units. Lots 1, 2, and 3 would be
tied to each other through shared access and parking restrictions on the
property; and
N. The proposed project includes a dedication of 10 feet along Grand
Avenue, 5 feet along Kansas Street, and 5 feet along Franklin Avenue to
be used for public right -of -way improvements. The total area of this
dedication is 7,920 square feet. Further, the project includes an
irrevocable offer to dedicate an additional 9 feet along Grand Avenue.
SECTION 3: Environmental Assessment. The City Council makes the following
environmental findings:
A. Because of the facts identified in Section 2 of this Resolution, the
proposed project was analyzed for its environmental impacts and an
Addendum to the previously adopted Initial Study /Mitigated Negative
Declaration (IS /MND) for Environmental Assessment No. 788 (Segundo
-5- 109
Business Park) was prepared pursuant to CEQA Guidelines § 15164.
Under CEQA, an Addendum to an adopted Negative Declaration or
Mitigated Negative Declaration is needed if minor technical changes or
additions to the proposed project occur (CEQA Guidelines §15164). An
addendum is appropriate only if these minor technical changes or
additions do not result in any new significant impacts or a substantial
increase in the severity of previously identified significant impacts. The
Addendum need not be circulated for public review (CEQA Guidelines
§15164(c)); however, an addendum must be considered by the decision -
making body before making a decision on the project (CEQA Guidelines
§15164(d)).
B. Before the July 12, 2012 Planning Commission meeting, an Addendum to
the IS /MND was prepared and some of the mitigation measures in the
IS /MND were modified or removed and new measures were added. The
affected measures are listed below and the changes are discussed in
detail in the Addendum to the ISIMND: 1) Mitigation Measure MM AQ -2
regarding Air Quality - VOC emissions (revised mitigation); 2) Mitigation
Measure MM CR -2 regarding Cultural Resources (revised mitigation); 3)
Mitigation Measure MM HAZ -3 regarding Hazards — Oil Wells (deleted and
replaced mitigation); 4) Mitigation Measures MM HAZ -4 and MM HAZ -5
regarding Hazards — Oil Wells (deleted mitigation); 5) Mitigation Measure
MM PS -6 regarding Public Safety — Oil Wells (revised mitigation); 6)
Mitigation Measure PS -9 regarding School Development Impact Fee
(added mitigation); 7) Mitigation Measure PS -9 regarding Library
Mitigation Fee (deleted mitigation); and 8) Mitigation Measure PS -10
regarding Parks Facility Fee (added mitigation). The Addendum makes
minor technical changes and corrections to the adopted Mitigation
Monitoring and Reporting Checklist, merely adds new information to the
MND and no new significant impacts or increase in impacts are identified.
Further, all of the mitigation measures listed in the ISIMND, including the
revised mitigation measures added by the Addendum that have been
deleted or substituted have been reviewed at a public hearing, and the
new mitigation measures are equivalent or more effective in mitigating or
avoiding potential significant impacts and will not cause any potentially
significant impacts on the environment. Therefore, pursuant to CEQA
Guidelines §§ 15704.1 and 15164(c), recirculation of the document is not
required, and based upon the evidence presented to the City Council, the
City need not prepare an environmental impact report for the project and
need only consider the ISIMND and the Addendum before making a
decision on the project (CEQA Guidelines § 15164).
SECTION 4: General Plan and Specific Plan. The proposed project conforms to the
City's General Plan and the 222 Kansas Street Specific Plan for the reasons identified
in Planning Commission Resolution No. 2721 as adopted on July 12, 2012. The
findings in Resolution No. 2721 are incorporated by reference as if fully set forth below.
-6- 110
SECTION 5: Approvals.
A. The City Council adopts the attached Findings of Fact as set forth in
Exhibit "A," which are incorporated into this Resolution by reference.
B. The City Council, in accordance with the requirements of Public
Resources Code §§ 21081(a) and 21081.6, adopts a Mitigation Monitoring
and Reporting Program (MMRP) as set forth in attached Exhibit "B," which
is incorporated into this Resolution by reference. The City Council adopts
each of the mitigation measures expressly set forth in the MMRP as
conditions of approval of the project. The other project conditions of
approval and compliance with applicable codes, policies, and regulations
will further ensure that the environmental impacts of the proposed project
will not be greater than set forth in the Addendum to the Mitigated
Negative Declaration and these findings.
C. The City Council amends the proposed Land Use Plan ( "Land Use
Designations — Commercial Designations" subsection) of the Land Use
Element of the General Plan to reflect the addition of the 222 Kansas
Street Specific Plan, including a description of the allowed uses and the
maximum land use density allowed, to the Commercial Land Use
Designations subsection. The corresponding changes as set forth in
attached Exhibit "C," which is incorporated into this Resolution by
reference.
D. The City Council amends the proposed Land Use Plan ( "Northeast
Quadrant' subsection) of the Land Use Element of the General Plan to
reflect the change of the Project area from Smoky Hollow Mixed Use to
222 Kansas Street Specific Plan. The corresponding changes as set forth
in attached Exhibit "D," which is incorporated into this Resolution by
reference.
E. The City Council amends the 1992 General Plan Summary of Existing
Trends Buildout (Exhibit LU -3) of the Land Use Element to reflect the
change of the Project area from Smoky Hollow Mixed Use to 222 Kansas
Street Specific Plan. The corresponding changes to the Land Use
Element as set forth in attached Exhibit "E," which is incorporated into this
Resolution by reference.
F. The City Council amends the General Plan Land Use Map to reflect the
change of the Project area from Smoky Hollow Mixed Use to 222 Kansas
Street Specific Plan. The corresponding changes to the Land Use Map as
-7- ill
set forth in attached Exhibit "F," which is incorporated into this Resolution
by reference.
G. Subject to the conditions listed on the attached Exhibit "G," which are
incorporated into this Resolution by reference, the City Council adopts the
Addendum to the Initial Study /Mitigated Negative Declaration of
Environmental Impacts for Environmental Assessment No. 959, Mitigation
Monitoring and Reporting Program for Environmental Assessment No.
959, General Plan Amendment No. 12 -01, and Subdivision No. 12 -02.
SECTION 6: Reliance on Record. Each and every one of the findings and
determinations 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 City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 7: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's lack of
knowledge of future events. In all instances, best efforts have been made to form
accurate assumptions. Somewhat related to this are the limitations on the City's ability
to solve what are in effect regional, state, and national problems and issues. The City
must work within the political framework within which it exists and with the limitations
inherent in that framework.
SECTION 8: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a
particular finding is not based in part on that fact.
SECTION 9: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 10: A copy of this Resolution must be mailed to Mar Ventures, Inc., SMPO
Lab, LLC, and to any other person requesting a copy.
-8- 112
CITY COUNCIL RESOLUTION NO. 4779
Exhibit A
Findings of Fact
On February 26, 2009, the City of El Segundo Planning Commission adopted Resolution No.
2651 approving an Initial Study /Mitigated Negative Declaration (IS /MND) for Environmental
Assessment No. 788 ( "Segundo Business Park'). The project reviewed by the IS /MND
consisted of the construction of five office and light industrial buildings totaling 79,513 square
feet and their subdivision into 55 condominium air space units on a 4.68 -acre site. The project
was approved for floor area ratio (FAR) of 0.37.
On January 19, 2012, the applicant filed an application for Environmental Assessment (EA) No.
959, General Plan Amendment (GPA) No. 12 -01, Specific Plan Amendment (SPA) No. 12 -01,
Zone Change (ZC) No. 12 -01, Zone Text Amendment (ZTA) No. 12 -01, Development
Agreement (DA) No. 12 -01, Subdivision (SUB) No. 12 -02 (VTM No. 71903), and Site Plan
Review (SPR) No. 12 -01 ( "222 Kansas Street Specific Plan "). This application modified the
original approval and consists of constructing a 45,152 square -foot USDA facility including
office, warehouse, and laboratory space, and two 2 -story buildings totaling approximately
31,000 square feet intended for general /medical office and /or light industrial uses. The
proposed project would not be built under the development standards in the MM Zone. Rather,
a new Specific Plan would modify the permitted uses and development standards to
accommodate the specific needs of the proposed development. The modifications are
summarized in table 1 below:
Table 1
Comparison of Projects
113
Approved Segundo
Proposed 22.2 Kansas
Difference
Businesss Park Pro ect
Street S - ecific Plan Pro ect
Project Area
88,249 square feet
74,858 square feet
- 13,391 Square
Gross '
feet
Siie Area
4.7 acres
4.83 acres
+.13 acres
Number`of'
5 Buildings
3 Buildings
-2 Buildings
B ;id n s
Floo ,Area Rafip
0.37
0.34
-0.03 FAR
r,
FAi t'
1 Lot
5 Lots
IVumbet of Lo ts
+4 Lots
Nurneer,of Air
55 Units
20 Units
-35 Units
.W1109.141014 t.
35 Feet
40 Feet
+5 Feet
Light Industrial
General Office
Office /laboratory/warehouse
General Office
NIA
Restaurant
Medical Office
Light Industrial
Parkrng�ant ... ...
289 Parking Spaces,
232 Parking Spaces,
-69 parking
Loadmg Spaces
5 Loading Spaces, and
7 Loading Spaces, and
spaces;
Ptonded '`
5 Bicycle Spaces
14 Bicycle Spaces
+2 loading
s aces; and
113
As a result of the project modifications, the City prepared an Addendum to the previously
adopted IS /MND, in accordance with the California Environmental Quality Act (CEQA
Guidelines § 15164).
On July 12, 2012, the Planning Commission adopted Resolution No. 2721 and recommended
that the City Council approve Environmental Assessment (EA) No. 959, General Plan
Amendment (GPA) No. 12 -01, Specific Plan Amendment (SPA) No. 12 -01, Zone Change (ZC)
No. 12 -01, Zone Text Amendment (ZTA) No. 12 -01, Development Agreement (DA) No. 12 -01,
Subdivision (SUB) No. 12 -02 (VTM No. 71903), and Site Plan Review (SPR) No. 12 -01 with
conditions.
After receiving, reviewing, and considering all the information in the administrative record
regarding the project, the City Council finds, determines, and declares for the 222 Kansas Street
Specific Plan Project as follows:
I. FINDINGS REQUIRED BY CEQA.
An Addendum was prepared under the authority of Public Resources Code § 21166 and
of 14 California Code of Regulations §§ 15000, et seq. (the CEQA Guidelines). Specifically,
CEQA Guidelines § 15164(b) allows a lead agency to prepare an addendum to a previously
adopted negative declaration if only minor technical changes or additions are necessary or none
of the conditions described in CEQA Guidelines § 15162 requiring preparation of a subsequent
EIR or negative declaration are present. CEQA Guidelines § 15162 states that no subsequent
EIR or negative declaration must be prepared unless the lead agency determines on the basis
of substantial evidence in light of the whole record one or more of the following:
"(1) Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase n the severity of previously identified significant
effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or negative declaration due
to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was certified
as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous
EIR or negative declaration;
2 114
+9 bicycle
spaces
Landscaping
25,443 Square Feet
29,960 Square Feet
+4,517 Square
Area Provided
Feet
Public BeEefit
N/A
$450,000 In -Lieu Payment for
+$400,000 at
USDA Facility for the loss of
project
tax revenue ($50,000 total
Completion
will be reimbursed to the
developer after project
completion)
As a result of the project modifications, the City prepared an Addendum to the previously
adopted IS /MND, in accordance with the California Environmental Quality Act (CEQA
Guidelines § 15164).
On July 12, 2012, the Planning Commission adopted Resolution No. 2721 and recommended
that the City Council approve Environmental Assessment (EA) No. 959, General Plan
Amendment (GPA) No. 12 -01, Specific Plan Amendment (SPA) No. 12 -01, Zone Change (ZC)
No. 12 -01, Zone Text Amendment (ZTA) No. 12 -01, Development Agreement (DA) No. 12 -01,
Subdivision (SUB) No. 12 -02 (VTM No. 71903), and Site Plan Review (SPR) No. 12 -01 with
conditions.
After receiving, reviewing, and considering all the information in the administrative record
regarding the project, the City Council finds, determines, and declares for the 222 Kansas Street
Specific Plan Project as follows:
I. FINDINGS REQUIRED BY CEQA.
An Addendum was prepared under the authority of Public Resources Code § 21166 and
of 14 California Code of Regulations §§ 15000, et seq. (the CEQA Guidelines). Specifically,
CEQA Guidelines § 15164(b) allows a lead agency to prepare an addendum to a previously
adopted negative declaration if only minor technical changes or additions are necessary or none
of the conditions described in CEQA Guidelines § 15162 requiring preparation of a subsequent
EIR or negative declaration are present. CEQA Guidelines § 15162 states that no subsequent
EIR or negative declaration must be prepared unless the lead agency determines on the basis
of substantial evidence in light of the whole record one or more of the following:
"(1) Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase n the severity of previously identified significant
effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or negative declaration due
to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was certified
as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous
EIR or negative declaration;
2 114
(B) Significant effects previously examined will be substantially more severe than shown
in the previous EI R;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects on the
environment, but project proponents decline to adopt the mitigation measure or alternative."
FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT.
Based on the impact comparison provided in the Addendum for Environmental Assessment No.
959, the revised project would not result in new significant impacts or a substantial increase in
the severity of impacts under CEQA. Thus, in comparison to the analysis provided in the 2009
IS/MND for Environmental Assessment No. 788, the revised project would not: a) result in
increased impacts related to degradation of the environment or impacts to biological or cultural
resources; b) result in increased cumulative impacts; or c) result in increased substantial
adverse effects on human beings, either directly or indirectly.
A. Impacts Found to be Not Potentially Significant by the Initial Stud
The Initial Study identified the following environmental effects as not potentially
significant. Accordingly, the City Council finds that the Initial Study, the Mitigated
Negative Declaration and Addendum, and the record of proceedings for the 222
Kansas Street Specific Plan Project do not identify or contain substantial
evidence identifying significant environmental effects of the project with respect
to the areas listed below.
1. Aesthetics
a) Scenic vistas
b) Scenic resources within a State Scenic Highway
2. Agriculture /Forestry Resources (All thresholds)
3. Biological Resources (All thresholds
4. Cultural Resources
a) Historical Resources
5. Geology /Soils
a) Fault Rupture
b) Seismic - related ground failure
c) Landslides
d) Wastewater Disposal Systems
6. Hazards /Hazardous Materials
a) Safety Hazards Associated with a Private Airstrip
b) Wildfires
7. Hydrology/Water Quality
a) Housing within 100 -year Flood Hazard Area
3 115
b) Structures within 100 -year Flood Hazard Area
c) Levee or Dam Failure
d) Inundation
B. Land Use /Planning
a) Divide an Established Community
b) Conflict with Conservation Plan
9. Mineral Resources
a) Loss of Delineated Mineral Resource Recovery Site
10. Noise
a) Private Airstrip Noise
11. Population /Housing
a) Displace Housing
b) Displace People
12. Public Services
a) Other Facilities (Library)
13. Utilities /Service Systems
a) Complies with Solid Waste Regulations
B. Impacts Identified as Less Than Significant in the Initial Study (with no
mitigation reeuired).
The Initial Study identified the following environmental effects as less than
significant. Accordingly, the City Council finds that the Initial Study, the Mitigated
Negative Declaration and Addendum, and the record of proceedings for the 222 Kansas
Street Specific Plan Project do not identify or contain substantial evidence identifying
significant environmental effects of the project with respect to the areas listed below.
1. Aesthetics
a) Visual Quality and Character of the Site
2. Air Quality
a) Conflict or Obstruction of Applicable Air Quality Plan
b) Objectionable Odors
3. Geology and Soils.
a) Strong Seismic Groundshaking
b) Erosion or Loss of Topsoil
c) Unstable Geologic Unit or Soil
d) Expansive Soils
4. Greenhouse Gas Emissions (All thresholds)
5. Hazards /Hazardous Materials
a) Exposure to Hazardous Materials
b) Safety Hazards Associated with Public Airport
c) Emergency Plans
6. Hydrology/Water Quality
a) Violate Water Quality Standards or Waste Discharge Requirements
b) Groundwater Supplies or Recharge
c) Alter Existing Drainage Patterns
d) Runoff Water
e) Degrade Water Quality
4 116
7. Land Use and Planning
a) Conflict with Land Use Plan, Policy, or Regulation
8. Mineral Resources
a) Loss of Valued Mineral Resources
9. Noise
a) Operational Noise
b) Groundborne Vibration and Noise (Operation)
c) Substantial Permanent Increase in Ambient Noise Levels
d) Substantial Temporary Increase in Ambient Noise Levels
e) Public Airport Noise
10. Population and Housing
a) Population Growth
11. Transportation/Traffic (All thresholds)
12. Utilities /Service Systems
a) Exceed Wastewater Treatment Requirements
b) Construction or Expansion of Water or Wastewater Treatment
Facilities
c) Construction or Expansion of Stormwater Drainage facilities
d) Sufficient Water Supplies
e) Determination by Wastewater Treatment Provider of Adequate
Capacity
f) Sufficient Landfill Capacity
g) Construction or Expansion of Energy Production or Transmission
Facilities
C.
The City Council finds that the following environmental effects were identified as Less
Than Significant with Mitigation Incorporated in the Mitigated Negative Declaration and
Addendum, and implementation of the identified mitigation measures would avoid of
lessen the potential environmental effects listed below to a level of significance.
1. Aesthetics.
a) Facts /Effects.
(i) New Sources of Light or Glare. Reflective light or glare is primarily a
daytime phenomenon caused by sunlight reflecting from highly finished
surfaces, such as window glass or other reflective materials, and to a
lesser degree from lightly colored surfaces. Typically, the primary
cause of adverse glare is buildings with exterior facades of highly
reflective glass or mirror -like material from which the sun reflects when
it is at low angles in the periods following sunrise and before sunset.
Building design incorporates the use of glass surfaces through the
proposed buildings' exterior facades. Use of non - reflective textured
surfaces on building exteriors, as well as avoidance of the use of
reflective glass would reduce impacts related to daytime glare.
Additionally, landscaping adjacent to the structures would soften and
diffuse glare from the surfaces and windows of the new structures.
Implementation of mitigation measure MM AES -1 would reduce
5 117
impacts from daytime glare to a less- than - significant level by
eliminating or minimizing increased glare through the use of
non - reflective glass and non - reflective textured surfaces in the
proposed development.
During the evening and nighttime hours, substantial light or glare can
result from the installation of high- intensity lighting fixtures or the use of
highly reflective glass or other building materials. Headlights from
vehicles can also create light or glare if sensitive uses are affected.
New permanent sources of lighting would be established on the project
site as a result of project development that would increase the level of
light on the site from current levels, due to the low intensity nature of
the existing uses on the site. However, the only light- sensitive use in
the project area is the multifamily residential use located at the
northwestern corner of the intersection of Grand Avenue and Kansas
Street. The proposed project was designed to locate the office portion
of the proposed uses at the northwest corner of the project site, which
are nearest to and most compatible with the nearby multifamily
residential uses. In addition, the lighting proposed would be limited to
the amount required to safely light driveways, public space areas within
the project site, and the sidewalks along Grand Avenue and Kansas
Street. All outdoor lighting would be directed onto driveways, walkways
and public areas and away from adjacent properties and public right -of-
ways to avoid any light or glare impacts from lighting fixtures. Mitigation
measures MM AES -t and MM AES -2 would ensure that potential
impacts from light and glare during evening hours are less than
significant.
Lighting would be established on -site during construction. Lighting used
during construction would consist primarily of security lights, although
lighting may be used for construction activities occurring during early
morning or evening hours, particularly in the winter. This lighting would
be temporary in nature and would not result in any substantial long-
term light or glare impacts. Mitigation measure MM AES -2 would
ensure that potential impacts from construction lighting are less than
significant.
In summary, project impacts related to a new source of light or glare
would be less than significant with mitigation.
b) Mitigation Measures:
MM AES -1. Expansive areas of highly reflective materials, such
as mirrored glass, are not permitted. Nonreflective building
materials must be used to the maximum extent possible to reduce
potential glare impacts.
MM AES -2. Exterior lighting must be designed to minimize off -site
glare. This may include, without limitation, the use of shielded or
recessed lighting fixtures.
6 118
c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified
in the MND.
2. Air Quality.
a) Facts /Effects.
@ Air Quality Standard Violations (Construction)
The project site is located within the SCAB, which is under the
jurisdiction of the SCAQMD. The proposed project would develop
approximately 74,858 sf of office and laboratory uses in three buildings
(45,152 sf of testing laboratory uses in one building, 29,706 sf of office
uses in two buildings) that would not exceed a total FAR of 0.34. In
addition, approximately 232 parking stalls (plus 7 loading spaces)
would be provided on the project site and approximately 0.69 acre of
the 4.83 acres total would be dedicated to landscaping.
The proposed project would generate air pollutants as a result of
construction and operation - related emissions. The majority of
construction emissions are generated by construction equipment and
from dust resulting from construction activity, whereas operational
emissions are primarily related with vehicle trips associated with the
proposed project. The SCAQMD has developed the CEQA Air Qualify
Handbook that establishes suggested significance thresholds based on
the volume of pollution emitted. According to the Handbook, any project
in the SCAB with daily operational emissions that exceed any of the
following thresholds should be considered as having an individually
significant air quality impact; however these thresholds do not apply to
cumulative development:
■ 55 pounds per day (Ibs /day) of ROG (reactive organic gases)
rr 55 lbs /day of NOx (oxides of nitrogen)
■ 550 Ibs /day of CO (carbon monoxide)
N 150 Ibs /day of PM,o (respirable 10- micron diameter particulate
matter)
■ 55 Ibslday of PM2.5 (respirable 2.5 micron diameter particulate
matter)
■ 150 lbs /day of SOX (oxides of sulfur)
For construction emissions, if a proposed project would exceed the
following thresholds it should be considered as having an individually
and cumulatively significant air quality impact.
■ 550 Ibs /day of CO
■ 75 Ibs /day of reactive organic gases (VOC)
■ 100 lbs /day of NOx
■ 150 lbs /day of SOx
■ 150 Ibslday of PM,o
■ 55 lbs /day of PM2.5
7 119
Construction Phase
Project related construction activities would include site excavation,
grading and relocation of utility infrastructure; construction of the new
office and laboratory uses; paving of surface parking lots; and
architectural coating. For purposes of this analysis, it is understood that
construction would be completed in approximately 11 months, with
grading beginning in late summer /fall 2012. Building construction is
anticipated to begin in fall 2012, and completed in summer 2013.
Paving would begin in spring 2013 with completion anticipated in
summer 2013. Architectural coatings would also begin in spring 2013,
with completion in summer 2013.
The site is currently cleared and limited demolition would be required.
Construction activities would not involve substantial use of construction
equipment that would typically contribute to air quality impacts. Minimal
earth disturbing activities would occur and diesel equipment associated
with construction of the proposed project would be limited. It is
important to note that the MND prepared for the previous project
identified mitigation measures to limit the amount of PM10 and PM2.5
emissions released into the local area during construction activities,
consistent with SCAQMD Rule 403, as well as mitigation to reduce
VOC emissions during architectural coating. These mitigation
measures and the corresponding reductions in emissions were
accounted for in this analysis and are listed below.
The regional air pollutant emissions resulting from construction of the
proposed project were calculated using the California Emissions
Estimator Model (CalEEMod), and the results are presented in Table 4
(Estimated Peak Daily Construction Emissions in Pounds per Day).
Further information regarding the modeling of construction - related air
quality emissions is included in the Air Quality Technical Memorandum
prepared for this analysis (Appendix A).
In general, the primary source of CO and NOX emissions would be
generated by construction equipment and off -site vehicle trips, while
the primary source of PMjo and PM2.5 emissions would be generated by
ground disturbance. As shown, the daily construction emissions are
below the SCAQMD thresholds for all criteria pollutants.
Mitigation measure MM AQ -2 of the 2009 MND required the use of low -
VOC paints and coatings. As the industry standard has changed for the
better since preparation of the 2009 MND, it is now recommended that
the previous mitigation measure MM AQ -2 be modified to require that
all architectural coatings reduce VOC emissions by a minimum of
20 percent below the CaIEEMod default of 250 g/l. This modification of
mitigation measure MM AQ -2 would reduce VOC emissions
accordingly and the proposed project would continue to result in a less -
than- significant construction air quality impact, similar to the finding of
the 2009 MND. This change in mitigation measure MM AQ -2 is
consistent with the current industry standard, which has changed since
preparation of the 2009 MND for the project site, and has the same
intent as the mitigation measure MMAQ -2 incorporated in the previous
8 120
MND and is equally, if not more, effective that the previous mitigation
measure. Accordingly, it is not considered new or substantially different
mitigation.
Site Grading (Month 1, 2)
On Site
6.15
48.06
29.04
0.05
5.09
3.89
Off Site
0.09
0.09
1.06
0.00
0.16
0.01
Maximum Daily Emissions
6.24
48.15
30.10
0.05
5.25
3.90
SCAQMD Threshold
75
100
550
1 150
150
55
Exceed Threshold?
No
No
No
No
No
No
Building (Month 3, 4, 5, 6, 7)
On Site
4.60
30.24
18.61
0.03
2.02
2.02
Off Site
0.90
5.64
7.78
0.02
1.10
0.21
Maximum Daily Emissions
5.50
35.88
26.39
0.05
3.12
2.23
SCAQMD Threshold
75
100
1 550
1 150
1 150
1 55
Exceed Threshold?
No
No
No
No
No
No
Building, Paving, Coating (Month 8,9, 10, 11)a
On Site
47.63
57.29
37.21
0.06
4.33
4.33
Off Site
1.03
5.37
9.32
0.02
1.46
0.21
Maximum Dally Emissions
48.66
62.66
46.63
0.08
5.79
4.54
SCAQMD Threshold
75
100
1 550
150
150
55
Exceed Threshold?
No
No
No
No
No
No
Architectural Coating (Month 12)
On Site
39.17
2.96
1.94
0.00
0.27
0.27
Off Site
0.08
0.09
0.83
0.00
0.14
0.01
Maximum Daily Emissions
29.25
3.05
2.77
000
0.41
0,28
SCAQMD Threshold
75
100
550
150
150
55
Exceed Threshold?
No
No
No
No
No
No
SOURCE; Atkins (2012) (CoIEEMod data are available In Appendix A).
a. Assumes that activities may occur concurrently and reports worst case emissions from all activities combined.
With incorporation of mitigation measures MM AQ -1 and MM AQ -2, the
proposed project would result in a less -than- significant impact to air
quality during construction activities.
(ii) Result in a Cumulative Increase in Pollutant for Which the Reaion Is
in Nonattainment
9 121
The project site is located within the SCAB, which is under the
jurisdiction of the SCAQMD. Despite consistent improvements in
pollution levels in the SCAB over the past thirty years, levels of ozone
(for which ROG and NOx are precursors), PM,o, and PM2.$ are above
national and state standards. Therefore, projects could cumulatively
exceed an air quality standard or contribute to an existing or projected
air quality exceedance. In determining the significance of the proposed
project's contribution, the SCAQMD neither recommends quantified
analyses of cumulative construction or operational emissions, nor
provides separate methodologies or thresholds of significance to be
used to assess cumulative construction or operational impacts. Instead,
the SCAQMD recommends that a project's potential contribution to
cumulative impacts should be assessed using the same significance
criteria as used for project specific impacts; that is, individual
development projects that generate construction- related or operational
emissions that exceed the SCAQMD - recommended daily thresholds for
project - specific impacts would also cause a cumulatively considerable
increase in emissions for those pollutants for which the Basin is in non -
attainment.
The proposed project would not exceed the SCAQMD daily
significance threshold and would not result in a cumulatively
considerable impact. Accordingly, with incorporation of mitigation
measures, the proposed project would result in less- than - significant air
quality impact.
(iii) Expose Sensitive Receptors
To determine potential criteria pollutant concentrations during
construction activities, SCAQMD has developed localized significance
thresholds (LST) to determine maximum allowable concentrations for
projects 5 acres or less in total area for on -site emissions of CO, NO2,
PM,(), and PM2.$. Off -site emissions would be generated from soil and
debris hauling and vendor /worker trips along area roadways, and would
not be considered localized, and are, therefore, not evaluated for LST
emissions.
LSTs are developed based upon the size or total area of the emissions
source, the ambient air quality in each Source Receptor Area (SRA) in
which the emission source is located, and the distance to the sensitive
receptor. The project is located in Source Receptor Area (SRA) 3. The
sensitive receptor in the proposed project vicinity that has the largest
potential to be affected by construction activities is the multifamily
residential use located approximately 100 feet from the project site, at
the northwest corner of Kansas Street and Grand Avenue. Table 6
(Localized Significance Thresholds for SRA 3) summarizes the LSTs
for construction. The threshold for construction listed in this table is
based on the approximately 5 -acre site with a receiver located
approximately 100 feet from the proposed construction site. A project
with daily emission rates below the thresholds during construction is
considered to have a less- than - significant effect on local air quality.
10 122
Pollutant
CO
NO2
PM10
P M2.s
SOURCE: SCAQMD (2012)
1W Feet (whthin 50 ►
1,984 Ibs /day
189 Ibs /day
46 Ibs /day
11 Ibs /day
The proposed project site is approximately 4.8 acres in size, and
construction emissions are therefore comparable to the LSTs identified
in the look -up table presented as Table 6. Total worst -case
construction emissions for the proposed project with mitigation are
included in Table 7 (Total Construction Emissions with Mitigation and
Localized Significance Thresholds). Table 7 compares the total worst -
case construction emissions to the LSTs for SRA 3.
Mcac man On W Tfvlssfwltci
PAN C.on&Wx#on Emfs*m s nce-
�IilyolPofd dcW
Uvwhafd lmpac!?
co
37.21
1,984 Ibslday 0
No
NO2
57.29
189lbslday 0
No
PM10
5.09
46 Ibslday 0
No
PM2.5
4.33
11 Ibslday 0
No
SOURCE:
SCAQMD (2012).
a. Thresholds of Significance are measured at 50 meters from the proposed project site.
Table 7 shows the maximum on -site construction emissions with
mitigation measure MM AQ -1 incorporated. With incorporation of
MM AQ -1, LSTs would not be exceeded and the proposed project
would result in a less -than- significant impact to air quality.
b) Mitigation Measures:
MM AQ -1. The project Applicant's construction contractor must
implement all rules and regulations by the Governing Board of the
SCAQMD that are applicable to the development of the project
(such as Rule 402 [Nuisance] and Rule 403 [Fugitive Dust]) and
that are in effect at the time of development. The following
measures are required to implement Rule 403. These measures
are identified by SCAQMD as reducing PM10 levels generated by
construction activities between 30 and 85 percent depending on
the source of PMio.
11 123
(a) Water trucks must be utilized on the site and be
available to be used throughout the day during site grading
and excavation to keep the soil damp enough to prevent
PM10 levels being increased by construction activities.
(b) Areas scheduled for grading, or actually being
graded, must be wetted down in the late morning and after
work is completed for the day.
(c) All unpaved parking or staging areas, or unpaved
road surface must be watered three times daily or have
chemical soil stabilizers applied according to
manufacturer's specifications.
(d) Exposed piles (e.g., gravel, sand, and dirt) must be
enclosed, covered, watered twice daily, or approved soil
binders must be applied to exposed piles according to
manufacturer's specifications.
(e) The construction disturbance area must be kept as
small as possible.
(f)' All trucks hauling dirt, sand, soil, or other loose
materials must be covered or have water applied to the
exposed surface before leaving the site to prevent PM10
and PM2.5 from reaching the surrounding areas.
(g) Wheel washers must be installed where vehicles
enter and exit unpaved roads onto paved roads and used
to wash off trucks and any equipment leaving the site each
trip.
(h) Streets adjacent to the project site must be swept
at the end of the day if visible soil material is carried over
to adjacent roads.
(i) Wind barriers must be installed along the perimeter
of the site.
(j) All excavating and grading operations must be
suspended when wind speeds exceed 25 miles per hour
over a 3- minute period.
MM AQ -2. The project Applicant's construction contractor must
use low -VOC or ultra -low VOC paints that reduce VOC emissions
of all architectural coatings by a minimum of 20 percent from the
CaiEEMod default, or a maximum of 200 gll.
12 124
c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
3. Cultural Resources.
a) Facts /Effects.
(i) Archeological Resources. The project site was previously fully
developed and was already subject to extensive disruption, including
the introduction of fill materials. Any archaeological resources which
may have existed at one time have likely been previously disturbed. In
addition, the South Central Coastal Information Center (SCCIC)
records search previously conducted for the project site revealed that
no archaeological resources are located on the project site (included in
Appendix C [Cultural Resources Correspondence)). Nonetheless,
construction activities associated with project implementation would
have the potential to unearth undocumented resources and result in a
potentially significant impact. Therefore, the potential for damage to, or
destruction of, these resources would be a potentially significant
impact. If archaeological resources are discovered during construction,
the Applicant would be required to implement the following mitigation
measure MM CR -1, which would ensure proper evaluation and
treatment of archaeological resources, if found.
Compliance with mitigation measure MM CR -1 would ensure that
implementation of the proposed project would not cause a substantial
adverse change in the significance of an archaeological resource.
Therefore, potentially significant impacts would be reduced to a less -
than- significant level.
(ii) Paleontological Resources. The project site was previously fully
developed and was already subject to extensive disruption, including
the introduction of fill materials. Any paleontological resources which
may have existed at one time have likely been previously disturbed. In
addition, a records check for paleontological resources was requested
from the Los Angeles County Museum of Natural History for the project
site previously. This records search revealed that no paleontological
resources are located on the project site (Los Angeles County Museum
of Natural History Letters, included in Appendix C). Nonetheless,
construction activities associated with project implementation would
have the potential to unearth undocumented resources and result in a
significant impact. Therefore, the potential for damage to, or destruction
of, these resources would be a potentially significant impact. However,
implementation of mitigation measure MM CR -1, as discussed above in
Section V(b), would reduce any potential impacts to a less -than-
significant level.
(iii) Human Remains. A Sacred Lands File records search was
requested from the Native American Heritage Commission previously
for the project site. The records search failed to indicate the presence
13 125
of Native American cultural resources in the project area (Native
American Heritage Commission Letter, included in Appendix C). In
addition, no formal cemeteries are known to have occupied any portion
of the project site, so any human remains encountered would likely
come from archaeological or historical archaeological contexts. Human
burials, in addition to being potential archaeological resources, have
specific provisions for treatment in § §5097 of the California Public
Resources Code (PRC) and Sections 7050.5, 7051, and 7054 of the
California Health and Safety Code (HSC). Because the area is
underlain by disturbed soils, the presence of human remains is remote.
However, if remains are encountered, disturbing these remains could
violate PRC and HSC provisions, as well as destroy the resource.
Implementation of mitigation measure MM CR -2 would ensure that this
potential impact is less than significant by ensuring appropriate
examination, treatment, and protection of human remains, if any are
discovered.
Compliance with mitigation measure MM CR -1 would ensure that
implementation of the proposed project would not cause a substantial
adverse change in the significance of an archaeological resource.
Therefore, potentially significant impacts would be reduced to a less -
than- significant level.
b) Mitigation Measures:
MM CR -1. In the event that archaeological /paleontological
resources are unearthed during project subsurface activities, all
earth - disturbing work within a 100 -meter radius must be
temporarily suspended or redirected until a qualified archeologist
has been provided the opportunity to assess the significance of
the find and implement appropriate measures to protect or
scientifically remove the find. Construction personnel must be
informed that unauthorized collection of cultural resources is
prohibited.
If the resource is determined to be significant, the archaeologist or
paleontologist, as appropriate, must prepare a research design for
recovery of the resources in consultation with the State Office of
Historic Preservation that satisfies the requirements of Public
Resources Code §21083.2. The archaeologist or paleontologist
must complete a report of the excavations and findings, and must
submit the report for peer review by three County - certified
archaeologists or paleontologists, as appropriate. Upon approval
of the report, the County must submit the report to the Los
Angeles Archeological Information Center and keep the report on
file at the County of Los Angeles. After the find has been
appropriately mitigated, work in the area may resume.
MM CR -2. If human remains are discovered during any
demolition /construction activities, all ground- disturbing activity
within 50 feet of the remains must be halted immediately, and the
Los Angeles County coroner must be notified immediately,
pursuant to Public Resources Code §5097.98 and Health and
14 126
Safety Code §7050.5. If the remains are determined by the
County coroner to be Native American, the Native American
Heritage Commission (NAHC) must be notified within 24 hours,
and the guidelines of the NAHC must be adhered to in the
treatment and disposition of the remains. The project developer
must also retain a professional archaeologist with Native
American burial experience to conduct a field investigation of the
specific site and consult with the Most Likely Descendant, if any,
identified by the NAHC. As necessary, the archaeologist may
provide professional assistance to the Most Likely Descendant,
including the excavation and removal of the human remains.
(c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
4. Hazards and Hazardous Materials.
a) Facts /Effects.
(i) Transport, Use, or Disposal of Hazardous Materials Construction
and operation of the proposed project would not require extensive or
on -going use of materials that would create a significant hazard to the
public or environment. Likewise, implementation of the proposed
project would not involve substantial transport or disposal of hazardous
materials. While not anticipated to be substantial, some hazardous
materials common to office and light industrial uses would be used in
varying amounts during construction and operation of the proposed
project. An example of hazardous materials handling during
construction includes fueling and servicing construction equipment on-
site, and the transport of fuels, lubricating fluids, and solvents. These
materials are generally disposed of at non - hazardous Class II and III
landfills (along with solid waste). It should be noted that potential
impacts with respect to the oil well located on the project site are
addressed below.
It is expected that the proposed development would not involve
substantial use of hazardous materials. However, hazardous materials
common to office and light industrial uses can be expected. The use,
transport, and disposal of any hazardous materials during operation of
the proposed project is subject to federal, state, and local health and
safety regulations. The following mitigation measure would ensure that
this impact is less than significant by requiring compliance with
applicable laws and regulations that would reduce the risk of
hazardous materials use, transportation, and disposal through the
implementation of established safety practices, procedures, and
reporting requirements.
Adherence to MM HAZ -1 and federal, state and local regulations would
ensure that potential risks resulting from the routine use of hazardous
15 127
materials and disposal of hazardous wastes would remain less than
significant.
00 Release of Hazardous Materials into the Environment. The
project site was formerly home to International Rectifier Corporation
(IRC), a worldwide supplier of power semiconductors that convert
electrical energy to operate power supplies, lighting ballasts, and motor
drives, but now stands vacant. A series of Environmental Site
Assessments (ESA) have been conducted to evaluate the potential for
hazards and hazardous materials on the project site. These ESAs are
summarized in Appendix D [Peer Review Summary of Hazardous
Materials Reports]) prepared for this analysis, and the conclusions and
recommendations of each ESA are included therein. Most recently, a
Phase I ESA dated October 21, 2011, included an observation of the
project site, a review of the site history (including all previous
assessments), review of available regulatory records and an
environmental assessment of the project site. The Phase I ESA
concluded that as of 2011 there was no evidence of recognized
environmental conditions at the project site, with the exception of the
following:
■ Chlorinated solvent petroleum hydrocarbons and metals impacts
exist due to historical industrial operations
a Petroleum hydrocarbon impacts due to former oil production and
oil wells on site
■ Soils stockpile on site
0 A clarifier on the exterior of the facility located to the west is
equipped with a lock box, but this site is not part of the Tiered Permit
program
In addition, the 2011 Phase 1 ESA recommended the following:
■ Request agency oversight to develop a workplan for the
remediation of the project site to include chlorinated solvents,
petroleum hydrocarbons and metals.
■ The project site may require methane mitigation systems be
implemented for former oil producing areas in addition to on -site oil
wells.
■ Profile the on -site oil /debris stockpile for all components analyzed,
including asbestos.
M Confirm that the site was not part of the Tiered Permit program
during operation by IRC.
However, since completion of the Phase I ESA, the City determined
that the underground storage tanks previously identified on the project
site were removed. Additionally, the on -site oil well investigated as part
of the previous ESAs was officially abandoned in accordance with
DOGGR guidelines. Recently, a second oil well was thought to exist on
the project site. However, after extensive investigation, this second
well could not be located. In the event that this well is located during
16 128
construction, the well will be abandoned according to DOGGR
regulations.
Construction Effects
Construction activities for the proposed project could result in the
exposure of construction personnel and the public to previously -
identified hazardous substances in the soil. Exposure to unanticipated
hazardous substances could also occur from previously - unidentified
soil contamination caused by migrating contaminants originating at
nearby listed sites. Exposure to hazardous materials during
construction activities could occur as a result of any of the following:
■ Direct dermal contact with hazardous materials
■ Incidental ingestion of hazardous materials (usually due to
improper hygiene, when workers fail to wash their hands before eating,
drinking, or smoking)
■ Inhalation of airborne dust released from dried hazardous
materials
If any previously unidentified sources of contamination are encountered
during grading or excavation, the construction activities required could
pose health and safety risks capable of resulting in various short -term
or long -term adverse health effects in exposed persons. In order to
address the potential for encountering unknown contamination within
the project area, mitigation measure MM HAZ -2 would minimize the
potential risk of contamination by implementing investigation and
remediation efforts at the project site to a less- than - significant level.
Implementation of mitigation measure MM HAZ -2 and adherence to all
focal, State and federal regulations would reduce potentially significant
effects associated with the potential exposure of unknown hazardous
materials through project construction activities to a less -than-
significant level.
Operational Effects
It is anticipated that operation of the proposed project would not create
a significant hazard to the public or the environment involving the
release of hazardous materials into the environment. This analysis
reviews the potential possibilities of such a risk.
The proposed project would include the use of common hazardous
materials typical of office and laboratory facilities in addition to paints,
solvents, cleaning product, and similar materials. Additionally, grounds
and landscape maintenance could also include the use a variety of
products formulated with hazardous materials, including fuels,
cleaners, lubricants, adhesives, sealers, and pesticides/herbicides. The
properties and health effects of different chemicals are unique to each
chemical and depend on the extent to which an individual is exposed.
The extent and exposure of individuals to hazardous materials would
be limited by the relatively small quantities of these materials that
would be stored and used on the project site. As common maintenance
17 129
products and chemicals would be consumed by use and with
adherence to warning labels and storage recommendations from the
individual manufacturers, these hazardous materials would not pose
any greater risk than at any other similar development in the immediate
project area.
The oil well identified on the project site was abandoned in accordance
with DOGGR guidelines, and the City of El Segundo Fire Department
confirmed that all underground storatge tanks were removed in
accordance with applicable regulations. Recently, a second oil well
was thought to exist on the project site. However, after extensive
investigation, this second well could not be located. In the event that
this well is located during construction, the well will be abandoned
according to DOGGR regulations. Therefore, mitigation measures MM
HAZ -4 and MM HAZ -5 associated with operation of the identified oil -
wells adopted as part of the previous MND would no longer be
required. Mitigation measure MM HAZ -3 of the previous MND was
modified to reflect comments received by the Department of
Conservation, Division of Oil, Gas, and Geothermal Resources
( DOGGR). However, the modified MM HAZ -3 has the same intent as
that incorporated in the previous MND and is equally, if not more,
effective than the previous mitigation measure. Accordingly, it is not
considered new or substantially different mitigation.
The recognized environmental conditions identified in the 2011 Phase
ESA and recommendations made to reduce potential impacts related to
these conditions are essentially the same as was identified and
recommended in the previously adopted MND. Therefore,
implementation of MM HAZ -2 would ensure that all recognized
environmental conditions identified in the 2011 Phase I ESA are
properly addressed prior to implementation of the proposed project.
Accordingly, operation of the proposed project would have a less -than-
significant impact regarding potential exposure to hazardous materials
during construction or operation; no new mitigation measures would be
required.
(iii) _ Emissions or Handling of Hazardous Materials Near Schools. The
closest school to the project site is the El Segundo Middle School,
located at 332 Center Street, located within one - quarter mile of the
project site. Hazardous emissions could occur during construction of
the proposed project. However, these emissions would be within the
acceptable levels as established by the South Coast Air Quality
Management District. Further, emissions related to construction are not
considered acutely hazardous. As required by mitigation measure
MM HAZ -1, the Applicant's construction contractor would be required to
adhere to all regulations pertaining to hazardous materials. Operation
of uses of the proposed project would include the handling and /or
storage of potentially hazardous materials on the project site.
However, the types of hazardous materials anticipated would be limited
to commonly -used types and quantities for similar office and laboratory
facilities. Further, as described above, the oil well known to exist on the
1 Steve H. Tsumura, Email communication between Environmental Safety Manager, City of El
Segundo Fire Department, and Carrie Garlett, Senior Project Manager, Atkins (April 16, 2012).
18 130
project site has been abandoned in accordance with DOGGR
guidelines and therefore, would not be a safety risk to El Segundo
Middle School. Recently, a second oil well was thought to exist on the
project site. However, after extensive investigation, this second well
could not be located. In the event that this well is located during
construction, the well will be abandoned according to DOGGR
regulations. Compliance with all applicable local, state, and federal
laws and regulations would regulate, control, or respond to hazardous
waste, transport, disposal, or clean -up in order to ensure that
hazardous materials do not pose a significant risk to the school. If
ground contamination is found at the project site before or during
construction of future development, implementation of mitigation
measure MM HAZ -2 would ensure the health and safety of all students,
staff, and visitors to El Segundo Middle School. Therefore, the
proposed project would result in a less -than- significant impact related
to the emissions or handling of hazardous materials within the vicinity
of a school.
b) Mitigation Measures:
MM HAZ -1. The Applicant and construction contractor must
comply with existing hazardous materials regulations, which are
codified in Titles 8, 22, and 26 of the California Code of
Regulations, and their enabling legislation set forth in
Chapter 6.95 of the California Health and Safety Code. In addition,
the Applicant and construction contractor must comply with
applicable federal, state, and local laws and regulations pertaining
to the transport, use, and disposal of hazardous waste, including,
but not limited to, Title 49 of the Code of Federal Regulations and
as implemented by Title 13 of the California Code of Regulations.
MM HAZ -2. In the event that soil or groundwater contamination is
encountered that could present a threat to human health or the
environment during construction in the project area, construction
activities in the immediate vicinity of the contamination must
immediately cease. If contamination is encountered, a Risk
Management Plan must be prepared and implemented after
completion of additional soil investigation to the satisfaction of the
Fire Department and the Planning and Building Safety
Department. The Risk Management Plan must (1) identify the
contaminants of concern and the potential risk each contaminant
would pose to human health and the environment during
construction and post - development and (2) describe measures to
be taken to protect workers and the public from exposure to
potential site hazards. Such measures could include a range of
options, including, without limitation, physical site controls during
construction, remediation, long -term monitoring, post - development
maintenance or access limitations, or some combination thereof.
Depending on the nature of contamination, if any, appropriate
agencies must be notified (e.g., El Segundo Fire Department). If
needed, a Site Health and Safety Plan that meets Occupational
Safety and Health Administration requirements must be prepared
i9 131
and in place before commencement of work in any contaminated
area.
MM HAZ -3. A site plan that identifies the proposed project and
the distance between the proposed buildings and any on -site oil
wells must be submitted to the City of El Segundo for approval.
The buildings of the proposed development must be built "not in
proximity to a well' as defined by DOGGR which includes
development with: 1) two adjacent sides that are free and clear of
structures or property lines for no less than 10 feet, 2) a third side
that is free and clear of structures or property lines for no less than
50 feet, and 3) a fourth side to remain open (no defined distance
from structures or property lines).
(c) Finding:.
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
5. Noise
a) Facts /Effects.
i Construction- Related Temporary Noise. The project site is
currently vacant and located within a fully developed, urban area. The
primary source of noise within the project vicinity is vehicular traffic.
Noise in the City also occurs from various stationary sources, such as
mechanical equipment associated with building structures, the
operation of various types of businesses, and noise sources produced
at residential locations.
The analysis presented below is based on the Noise Technical
Memorandum prepared for the proposed project (Appendix E of the
Initial Study). Existing daytime noise levels were monitored at four
locations around the project site, which are depicted in Figure 9 (Noise
Monitoring Locations), in order to identify representative noise levels at
various areas. The noise levels were measured using a Larson -Davis
Model 814 precision sound level meter, which satisfies the American
National Standards Institute (ANSI) for general environmental noise
measurement instrumentation. The noise measurements were taken on
April 18, 2012, starting at 2 :12 PM and ending at 3:10 PM; each lasting
for 15 minutes. The average noise level and source measured at each
location is identified in Table 10 (Existing Daytime Noise Levels at
Selected Locations). The existing noise levels ranged from a low of
61.1 dBA Leq to a high of 67.8 dBA Leq. These daytime noise levels are
characteristic of a noisy, urban area.
Implementation of the proposed project could result in increased
ambient noise levels during construction and operation.
20 132
Location 1: 301 Kansas Street (Residential)
Location 2: 233 Kansas Street (Commercial)
Location 3:145 Kansas Street (Commercial)
Location 4: North side of Grand Avenue — between Kansas
Street and Washington Street (Commercial)
SOURCE: Atkins (April 18, 2012).
Figure 9
Noise Monitoring Locations
ATKINS
$Awt DUia
Construction Noise
Project - related construction activities would include site excavation,
grading and relocation of utility infrastructure; construction of the new
office and laboratory uses; paving of surface parking lots; and
21
133
IlOA
Level
Affn
Aft
e
G esJ
MBA W
dEA
�A sources
78.5 Traffic on Grand
2:12 PM
15
65.1
52.3
Avenue
79.1 Traffic on Kansas Street
74.5 Traffic on Kansas Street
79.5 Traffic on Grand
2:30 PM
15
61.1
49.4
2:48 PM
15
59.5 50.0
3:09 PM
15
67.8
51.9
Avenue
$Awt DUia
Construction Noise
Project - related construction activities would include site excavation,
grading and relocation of utility infrastructure; construction of the new
office and laboratory uses; paving of surface parking lots; and
21
133
architectural coating. The USEPA has compiled data regarding the
noise generating characteristics of typical construction activities. These
data are presented in Table 11 (Noise Ranges of Typical Construction
Equipment) and Table 12 (Typical Outdoor Construction Noise Levels).
These noise levels would diminish with distance from the construction
site at a rate of approximately 6 dBA per doubling of distance. The
nearest sensitive receptors are multifamily residential uses, located at
the northwest corner of Grand Avenue and Kansas Street,
approximately 100 feet from the proposed project site. Based on the
information presented in Table 12, construction activity noise levels at
the residential uses to the northwest would range from approximately
71 to 80 dBA during construction of the proposed project. Most
construction activities associated with the proposed project would not
generate continuously high noise levels, although occasional single -
event disturbances from grading and external building construction are
possible.
Construction - related noise is exempt pursuant to El Segundo Municipal
Code § 7- 2 -10(D) as long as construction - related activities are limited
to the hours of 7:00 AM to 6:00 PM Monday through Saturday, provided
the noise level does not exceed 66 dBA and the limits established in
Subsection 7- 2 -4(C) of the El Segundo Municipal Code.
Subsection 7- 2 -4(C) would allow for a 20 dBA increase above 65 dBA
(to 85 dBA) to occur for no more than one minute and a 15 dBA
increase (to 80 dBA) to occur for a maximum of one minute. As noted
above, construction noise levels are anticipated to reach up to 80 dBA
at the nearest residential receptor and would exceed these standards.
However, the MND prepared for the previously approved project
identified mitigation measures to reduce construction related noise
levels.
22 134
CondAx -Non Equfprnenf
Front Loader
lvols9 Levels In dA4 Lea of 50 reef'
73-86
Trucks
82-95
Cranes (moveable)
75-88
Cranes (derrick)
86-89
Vibrator
68 -82
Saws
72-82
Pneumatic Impact Equipment
83-88
Jackhammers
81-98
Pumps
68-72
Generators
71-83
Compressors
75-87
Concrete Mixers
75-88
Concrete Pumps
81-85
Back Hoe
73-95
Tractor _
77 -98
Scraper /Grader
80 -93
Paver
85-88
SOURCE: USEPA(1971).
a. Machinery equipped with noise control devices or other noise - reducing design features does
not generate the some level of noise emissions as that shown In this table.
Consbucffon Phase
Ground Clearing
Excavation/Grading
Foundations
Structural
External Finishing
1**9 Level ad50 F"t Il IM Level of 100 Fear
wrlfe Mufflers (CM WM ftA9 a (aA W
82 74
86 80
77 71
83 77
86
80
SOURCE: USEPA(1971).
The noise levels at the off -site sensitive uses were determined with the following equation from the HMMH Transit
Noise and Vibration Impact Assessment, Final Report Ley = Leq at 50 ft. - 20 Log(D /50), where Lea = noise level of noise
source, D = distance from the noise source to the receiver, Lea t 5o n = noise level of source at 50 feet.
Mitigation measure MM N0I -1 would be required of the currently
proposed project. Implementation of mitigation measure MM N0I -1
would reduce noise - related construction impacts to a less -than-
significant level by requiring I3MPs and restricting the time during which
excessive noise - producing construction activities may occur.
23 135
Large Bulldozer
Caisson Drilling
Loaded Trucks
As a general rule, a sound wall is able to reduce noise by 5 to 10 dBA.
Accordingly, noise levels would be reduced to levels that would be
below the City of El Segundo's 80 dBA limit. With implementation of the
mitigation measures, construction of the proposed project would not
expose noise sensitive receptors to noise levels in excess of the
established standards, and a less- than - significant impact would occur.
The proposed project would have a less- than - significant impact
associated with a temporary or periodic increase in ambient noise
levels in the proposed project vicinity by complying with the mitigation
incorporated.
Construction Phase
As discussed above, noise generated during construction of the
proposed project could create temporary or periodic increases in
ambient noise levels. However, construction work hours are restricted
by provisions in the El Segundo Municipal Code, and implementation of
mitigation measure MM N0I -1 would reduce this impact to a less -than-
significant level.
(ii) Groundborne Vibration and Noise (Construction.
Certain construction activities that would occur under the proposed
project would have the potential to generate groundborne vibration.
Table 13 (Vibration Source Levels for Construction Equipment)
identifies various vibration velocity levels for the types of construction
equipment that would operate at the project site during construction.
Equipment utilized during project construction would include dump
trucks, front loaders, excavators, which are similar to small bulldozers,
and concrete mixers, material delivery and soil export trucks, which are
similar to loaded trucks and a crane for building construction.
.4pyor0)&nab vda
50 Feei 75 F"P n
81 75
81 75
80
74
Jackhammer 73 67
Small Bulldozer 52 46
SOURCE: U.S. Department of Transportation Federal Transit Administration, Transit Noise Impact and
Vibrotion Assessment (May 2006).
a. The vibration levels at the off -site sensitive uses are determined with the following equation from the
HMMH Transit Noise and Vibration Impact Assessment, Final Report: Lv(D) =Lv(25 ft) - 20log(D/25),
where Lv = vibration level of equipment. D = distance from the equipment to the receiver, Lv(25 ft) _
vibration level of equipment at 25 feet.
Based on the information presented in Table 13, vibration levels could
reach a maximum of approximately 81 VdB at 50 feet from the source
24 136
and 75 VdB at 75 feet. The nearest vibration sensitive receptors
(residential) are located at approximately 100 feet from the project site
and vibration levels would be below 75VdB. Accordingly, sensitive
receptors would not experience vibration levels during construction of
the proposed project that would exceed the Federal Transit
Administration's (FTA) vibration impact threshold of 85 VdB for human
annoyance. Further, mitigation measure MM NOI -1 would ensure that
construction - related vibration impacts do not occur during recognized
sleep hours and that vibration - inducing construction equipment is
staged as far from vibration sensitive receptors as feasible.
Operation of the proposed project would not include any substantial
sources of groundborne vibration. Accordingly, the proposed project
would not expose sensitive receptors on- or off -site to excessive
groundborne vibration or groundborne noise levels. This impact would
be less than significant, and no additional mitigation measures would
be required.
b) Mitigation Measures:
MM W -1. The project Applicant's construction contractor must
require by contract specifications that the following construction
best management practices (BMPs) be implemented by
contractors to reduce construction noise levels:
(a) The project's construction contractor must provide
advance notification to adjacent property owners and post
notices around the boundaries of the Proposed Project site
with information detailing the schedule of construction
activities.
(b) All construction equipment with a high noise -
generating potential, including all equipment powered by
internal combustion engines, must be muffled or controlled.
(c) All noise - generating construction equipment and
construction staging areas must be placed away from
noise - sensitive uses, where feasible.
(d) High noise- producing activities must be scheduled
between the hours of 8:00 AM and 5:00 PM to minimize
disruption to sensitive uses and delivery of materials and
equipment must occur between 7:00 AM and 6:00 PM.
(e) Noise attenuation measures must be implemented
to the extent feasible, which may include, without limitation,
noise barriers or noise blankets.
(f) Machinery, including motors, must be turned off
when not in use.
25 137
c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
6. Public Services
(a) Facts/Effects
i New or Physically Altered Fire Protection Facilities. The proposed
Project would receive fire services from the El Segundo Fire
Department (ESFD). First response service to the proposed project site
would be provided by Fire Station #1 located at 314 Main Street,
approximately one mile east of the project site. The second response
team would be Fire Station #2 located at 2261 East Mariposa Avenue,
approximately 1.3 miles northeast of the proposed project site. On
average, there are 14 to 18 firefighters on duty 24 hours a day,
seven days a week.2 ESFD has 53 sworn personnel and 7 nonsworn
personnel .3 The current person -to- population ratio of sworn positions in
the ESFD per every 1,000 residents is 3.18. The average response
time for ESFD is four to five minutes.4 The ESFD is organized into six
divisions: Administration, Suppression, Paramedic, Prevention,
Environmental Safety, and Emergency Management. ESFD is a
participating agency of the Los Angeles County Fire Department
(LACoFD) CUPA program. LACoFD handles hazardous materials
response for the City of El Segundo.
The proposed project would increase the City's building inventory by
approximately 74,858 sf, would generate new activity on the project
site, and increase traffic, the combination of which could result in
increased emergency response demands for both fire protection and
paramedic services, and fire prevention inspections. The project would
be in compliance with all applicable State and Local Building and Fire
Codes. Compliance with applicable regulations would reduce potential
impacts to the City's fire department. With the implementation of the
following mitigation measures, impacts on fire protection services
would be less than significant. Impacts are not significant enough to
necessitate additional fire personnel or facilities.
Implementation of mitigation measures MM PS -1 through MM PS -6
would ensure that the proposed project would not result in significant
impacts to fire services. The project would install a fire sprinkler
protection system throughout the building and would be in compliance
with all applicable State and Local Building and Fire Codes. Through
2 City of El Segundo website, El Segundo Fire Department Frequently Asked Questions,
http: / /www.elsegundo.org/depts /fire /faq.asp (accessed May 7, 2012).
3 City of El Segundo website, El Segundo Fire Department Frequently Asked Questions,
http:// www. elsegundo .org /depts /fire/faq.asp (accessed May 7, 2012).
4 Lisa LeCates, email correspondence (Re: Staffing and response time information request)
from El Segundo Fire Department to Jennifer Lee, Environmental Specialist, Atkins (May 2,
2011).
26 138
implementation of the ESFD required mitigation measures and
payment of the Fire Services Mitigation Fee, as required by the City,
impacts on fire protection services would be less than significant. The
on -site oil well that was investigated as part of previous ESAs prepared
for the project site has been officially abandoned in accordance with
DOGGR guidelines and conditions at the site would not increase the
need for fire protection services. In addition, a second oil well was
thought to exist on the project site. However, after extensive
investigation, this second well could not be located. In the event that
this well is located during construction, the well will be abandoned
according to DOGGR regulations and would not increase the need for
fire protection services at the site.
(ii) New or Physically Altered Police Protection Facilities. The
proposed project would receive police protection services from the El
Segundo Police Department (ESPD), which serves the entire City. The
ESPD operates out of one station, located approximately one mile west
of the project site at 348 Main Street. The project site is located at the
intersection of Kansas Street and Grand Avenue, which is included as
part of the City's established patrol route. Patrol officers travel along
these streets regularly. ESPD is staffed with 65 sworn personnel and
32 nonsworn personnels currently protecting 16,664 residents and a
daytime population of approximately 70,000 in the City. The person -to-
population ratio of sworn positions in the ESPD per every 1,000
residents is 3.9 (or 1 sworn officer per 256 residents) and the ratio of
sworn positions for the daytime population is 1.077 (1 sworn officer per
1,077 individuals). The ESPD dispatches all calls from the 348 Main
Street station regardless of the crime location within the City.
Therefore, it is assumed that response times to the project site and the
vicinity would be consistent with the City's average response time
da ime and nighttime) of 3 minutes and 30 seconds.6
The proposed project would not add new residents to the site.
However, the proposed project would result in the addition of
approximately 147 employees during the day. The addition of 147
employees to the daytime population would result in a change to the
person -to- population ratio for the daytime population would be 1.079 (1
sworn officer per 1,079 individuals). This would not result in an
increase in response time and would therefore not impact public safety.
Additionally, the proposed project would generate fewer employees
than were estimated for the previously approved project. The
previously approved project was estimated to result in 200 -225
employees at the project site daily; accordingly, the proposed project
would result in a conservative reduction of approximately 53 employees
at the project site daily. A less than significant impact was identified
with respect to police protection in the previously approved MND. As
6 Brian Evanski, Captain, email correspondence (Re: Staffing and Response time information
request) from El Segundo Police Department to Jennifer Lee, Environmental Specialist, Atkins
(May 3, 2011).
6 Brian Evanski, Captain, email correspondence (Re: Staffing and Response time information
request) from El Segundo Police Department to Jennifer Lee, Environmental Specialist, Atkins
(May 3, 2011).
27 139
described above, conditions have not changed substantially since
preparation of the previously approved MND, and therefore, impacts to
police protection services would not occur beyond the less -than-
significant impact previously identified.
Accordingly, the proposed project would not trigger the need for
expansion of new existing facilities or the need for additional ESPD
staff. Nonetheless, the following mitigation measures would help
reduced impacts to less than significant.
NO New or Physically Altered School Facilities. The project site is
served by the El Segundo Unified School District (ESUSD). ESUSD
currently has two elementary schools, one middle school, one high
school, and one continuation school. The current total enrollment for
ESUSD is 3,242 students with a pupil to teacher ratio of 23.1.'
The proposed project would not create a need for new or expanded
public school facilities. Since the project includes office and laboratory
uses and would not substantially induce new residents into the City
(which includes children who would attend schools administered by the
ESUSD), the project would not place an additional burden on the
school district. The proposed project would be required to pay the
School District Development Impact Fee to the El Segundo Unified
School District. This fee is required by State Law. Mitigation measure
MM PS -9 has been incorporated into the Addendum to further reduce
all potential impacts to schools. Impacts to existing schools in the area
are anticipated to be less than significant.
iv New or Physically Altered Park Facilities. Currently the City of El
Segundo has a total of 74.26 acres of park space, which equates to
approximately 4.46 acres of parks per 1,000 residents. Implementation
of the proposed project would result in new office and laboratory uses
on a currently vacant site. No residential units would be developed as
part of the project, and thus, the project would not induce substantial
population growth in the City. New employees at the proposed project
site may utilize local parks and recreational facilities, including the
nearby public golf course (The Lakes at El Segundo). In addition, the
proposed project could indirectly induce new residents in the City.
Nonetheless, it is not expected that this potential would significantly
exacerbate the existing parks to resident ratio. Finally, with the
incorporation of mitigation measure MM PS -10, the proposed project
would be required to pay the Parks Facility Fee which would reduce all
potential impacts to recreation to a less- than - significant level.
(b) Mitigation Measures:
MM PS -1. The Applicant must pay the City of El Segundo Fire
Service Mitigation Fee at the rates established by City Council
Resolution No. 4687, before the City issues a building permit.
' Education Data Partnership, District Profile: El Segundo Unified School District (May 24,
2011).
8 City of El Segundo, El Segundo Public Facilities Impact Fee Study (August 30, 2010), p. 30.
28 140
MM PS -2. A fire life safety plan, which must include complete
plans and specifications, must be submitted to the El Segundo
Fire Department (ESFD) for review and approval before
commencement of construction of any portion of the proposed
development.
MM PS -3. The Applicant must provide fire access roadways to
and throughout the property and submit a layout plan to the ESFD
for approval before the City issues a building permit.
MM PS -4. The Applicant must provide water flow and on -site fire
hydrants as required by the ESFD.
MM PS -5. The Applicant must submit separate plans for ESFD
approval. The following installations require separate ESFD
approval:
(a) Automatic fire sprinklers.
(b) Fire alarm system.
(c) Underground fire service mains.
(d) Fire pumps.
(e) Emergency generators.
(f) Any aboveground or underground storage tanks
including elevator sumps and condensation tanks.
MM PS -6. When the City issues building permits, if the second oil
well (location currently unidentified on the project site) is not
permanently capped, the project Applicant must comply with the
mitigation measures identified in the letter "Request for Alternative
Method, California Fire Code Section 3406.3.1.3.2 Segundo
Business Park 222 Kansas Street and 1545 East Franklin
Avenue" (dated September 16, 2008).
MM PS -7. The Applicant must pay the City of El Segundo Police
Service Mitigation Fee at the rates established by City Council
Resolution No. 4687 before the City issues a building permit.
MM PS -8. The Applicant must submit a strategic security plan,
which must include definitive plans and specifications, to the El
Segundo Police Department (ESPD) for review and approval
before commencement of construction of any portion of the
proposed project. The strategic security plan must include, without
limitation, the following items:
(a) Depending upon the size of the structure and its
location in relation to the streets, the size of the displayed
address may vary from a minimum of 4' to as much as 24 ".
29 141
(b) Building entrances and exits must be limited in
number and located in a manner to increase security and
visibility of the building.
(c) All landscaping must be low profile especially
around perimeter fencing, windows, doors and entryways
taking special care not to limit visibility and provide
climbing access.
(d) Adequate street, walkway, building and parking lot
lighting must be provided to enhance security.
(e) Provisions for on -site security personnel.
MM PS -9. The Applicant must pay the City of El Segundo School
District Development Impact Fee at the rates established by the El
Segundo Unified School District before the City issues a building
permit.
MM PS -10. The Applicant must pay the City of El Segundo Parks
Facility Fee at the rates established by City Council Resolution
No. 4687 before the City issues a building permit.
(c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
7. Recreation
a) Facts /Effects.
(i) Increase Use of Parks. Implementation of the proposed project
would not significantly increase the use of existing neighborhood and
regional parks or other recreational. Physical impacts to recreation
facilities are generally associated with population growth. The proposed
project would result in the construction of office and laboratory uses
that would not result in a direct population increase. As no housing
would be developed under the proposed project, implementation of the
proposed project would not generate substantial population growth that
would increase the use of recreational facilities. Further, a recent
Impact Fee Study prepared by the City established a Parks Facility
Fee. Accordingly, with the incorporation of mitigation measure
MM PS -10, the proposed project would be required to pay the Parks
Facility Fee which would reduce all potential impacts to a less -than-
significant level. Implementation of the proposed project would result in
a less- than - significant impact to recreational facilities.
ii) Construction or Expansion of Recreational Facilities. The
proposed project does not include the construction of recreational
facilities. Phase 1 would include a small landscaped area along Kansas
Street, adjacent to the USDA building and Phase 2 would include
30 142
employee patios along Kansas Street and Grand Avenue, adjacent to
the two proposed buildings. However, these facilities do not constitute
recreational facilities. As explained above, the increase in population at
the project site, or the indirect population increase within the City,
would not exacerbate existing park standard ratios. Further, with the
incorporation of mitigation measure MM PS -10, the proposed project
would be required to pay the Parks Facility Fee which would reduce all
potential impacts to a less- than - significant level. Accordingly, the
proposed project would not require construction or expansion of
existing recreational facilities, resulting in a less- than - significant impact.
b) Mitigation Measures:
MM PS -1. The Applicant must pay the City of El Segundo Parks
Facility Fee at the rates established by City Council Resolution No.
4687 before the City issues a building permit.
c) Finding:
(1) Changes or alterations have been required in or incorporated into
the project and the project has been conditioned to avoid or
substantially lessen the potential environmental effect as identified in
the MND.
D. Insignificant Cumulative Impacts.
The City Council finds that the Addendum to the Mitigated Negative Declaration
and the record of proceedings in this matter do not identify or contain substantial
evidence which identifies significant adverse cumulative environmental effects
associated with the 222 Kansas Street Specific Plan Project with respect to the areas
listed below:
1.
Aesthetics.
2.
Agricultural Resources.
3.
Air Quality.
4.
Biological Resources.
5.
Cultural Resources.
6. Geology and Soils.
7. Hazards and Hazardous Materials.
8. Hydrology and Water Quality.
9. Land Use and Planning.
10. Mineral Resources.
11. Noise.
12. Population and Housing.
13. Public Services.
14. Recreation.
31 143
15. TransportationlTraffic,
16. Utilities and Service Systems.
V1. SUBSTANTIAL EVIDENCE.
The City Council finds and declares that substantial evidence for each and every finding
made in these Findings is contained in the Addendum to the Mitigated Negative Declaration,
which are incorporated herein by this reference, and in the record of proceedings in the matter.
To the extent applicable, each of the other findings made by the City Council in connection with
its approval of the entitlement applications listed in Section I above are also incorporated by this
reference.
PAPlanning & Building Safetyl0 Planning - OIMPROJECTS (Planning)1951- 9751EA- 9591City Council 0904201 Meso and
Attachments 090420121EA -959 CC Reso Exhibit A - CEOA findings.doc
144
CITY COUNCIL RESOLUTION NO. 4779
Exhibit B
CITY OF EL SEGUNDO
SEGUNDO BUSINESS PARK
Initial Study /Mitigated Negative Declaration
Addendum
Environmental Assessment EA -959
General Plan Amendment GPA 12 -01
Specific Plan Amendment SPA 12 -01
Zone Change ZC 12 -01
Zone Text Amendment ZTA 12 -01
Subdivision SUB 12 -02
Site Plan Review SPR 12 -01
Mitigation Monitoring and Reporting Program
Prepared for
City of El Segundo Planning and Building and Safety Department
350 Main Street
El Segundo, California 90245
Prepared by
Atkins
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
July 2012
145
INTRODUCTION
The Addendum to the Initial Study /Mitigated Negative Declaration (MND) for the 222 Kansas Street
Specific Plan Project identified mitigation measures to reduce the adverse effects of the project in the
areas of: aesthetics, air quality, cultural resources, hazards /hazardous materials, noise, and public services.
The California Environmental Quality Act (CEQA) requires that agencies adopting MNDs ascertain that
feasible mitigation measures are implemented, subsequent to project approval. Specifically, the lead or
responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated
into a project or imposed as conditions of approval. The program must be designed to ensure
compliance during applicable project timing, such as design, construction, or operation (Public Resource
Code Section 21081.6).
The Mitigation Monitoring and Reporting Program (MMRP) shall be used by the City El Segundo staff
responsible for ensuring compliance with mitigation measures associated with the 222 Kansas Street
Specific Plan Project. Monitoring shall consist of review of appropriate documentation, such as plans or
reports prepared by the party responsible for implementation, or by field observation of the mitigation
measure during implementation.
The following table identifies the mitigation measures by environmental resource area. The table also
provides the specific mitigation monitoring requirements, including implementation documentation,
monitoring activity, timing and responsible monitoring party. Verification of compliance with each
measure is to be indicated by signature of the mitigation monitor, together with date of verification. The
Project Applicant and the Applicant's contractor shall be responsible for implementation of all mitigation
measures, unless otherwise noted in the table.
City of El Segundo 222 Kansas Street Specific Plan Project MMRP 1 146
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City Council Resolution No. 4779
Exhibit C
El Segundo General Plan Land Use Element Excerpt - Page 3 -8
Land Use Designations
Commercial Designations
Add the following text in a separate paragraph immediately below 199 North
Continental Boulevard Specific Plan on page 3 -8:
"222 Kansas Street Specific Plan
Permits vimarily office li ht industrial manufacturino, and
research and development uses. The southerly portion may be
used for governmental purposes subiect to a development
agreement. Commercial retail and restaurant uses are prohibited.
The area is aiporoximately 4.83 gross acres and the maximum FAR
is 0.6. This designation is not intended to be used elsewhere within
the Ci ."
PAPlanning & Building Safetyl0 Planning - Old\PROIECTS (Planning)1951- 9751EA- 95%City Council 090420121Reso and 1
Attachments 090420121EA -959 CC Reso Exhibit C - GP excerpt Land Use besignations.doc
City Council Resolution No. 4779
Exhibit D
El Segundo General Plan Land Use Element Excerpt Pages 3 -9 and 3 -10
Proposed Land Use Plan
Northwest Quadrant
Modify the following text on pages 3 -9 and 3 -10:
"The following is a discussion of the 1992 Land Use Plan, which
indicates future land uses for the entire City. For ease of
discussion, the City is divided into four quadrants and the proposed
land use designations within that quadrant are discussed. To know
what is allowed under each designation, please reference the land
use definitions listed above.
Northwest Quadrant
The northwest quadrant of the City has the most varied mix of uses
within the City. All of the City's residential units, the Downtown
area, the Civic Center, and the older industrial area of Smoky
Hollow, are located in this quadrant. The 1992 Plan retains the
three residential designations found on the old Plan: single- family,
two- family, and multi- family, plus a new designation of 540 East
Imperial Avenue Specific Plan.' The Plan shows 357.2 acres of
single-family, 57.4 acres of two- family, 119.3 acres of multi - family
and 5.65 acres of 540 East Imperial Avenue Specific Plan. This
includes the re- designation of Imperial Avenue School, which is no
longer used for educational purposes, from Planned Residential
Development to 540 East Imperial Avenue Specific Plan. The total
number of dwelling units projected by the Plan is 8,0892. One of
the major goals of the 1992 Plan is to preserve the residential
neighborhoods.
The Smoky Hollow area, which houses many of the City's older
industrial uses, has been designated Smoky Hollow Mixed -Use, in
recognition of the existing Smoky Hollow Specific Plan. The
Specific Plan allows a combination of industrial, retail, office, and
residential uses. The Smoky Hollow area is approximately 92-.2
93.55 acres.
1 The 540 East Imperial Avenue Specific Plan designation was added via General Plan Amendment 10 -03.
Z The new total of 8,089 represents the maximum number of units developed under Option 1 of the 544
East Imperial Avenue Specific Plan. This number will be lower (7,843 units) if Option 2 is developed with
a maximum of 58 units.
156
The 222 Kansas Street Specific Plan 222 KSSP consists of 4.83
acres which were previously a part of the SmoU Hollow area. The
222 Kansas Street—Specific Plan vermits primarily office light
industrial manufacturina, and research and development uses.
The southerly Portion may be used for governmental purposes
sub'ect to a development agreement. Commercial retail and
restaurant uses are prohibited."
All other text in this section will remain unchanged.
PAPlanning & Building Safetyl0 Planning - OI&PROJECTS (Planning)1951- 9751EA- 9591City Council 090420121Reso and
Attachments 090420121EA -959 CC Reso Exhibit D - General Plan Land Use Element.doc
L57
City Council Resolution No. 4779
Exhibit E
1992 General Plan
Summary of Existing Trends Buildout
Land Use Category
Acres
Dwelling
Square Footage
Units
Single- Family Residential
357.2
2,858
-
Two- Family Residential
57.4
934
-
540 East Imperial Avenue Specific
-
-
-
Plan
5.65
3043
-
Multi- Family Residential
119.7
3,389
-
Neighborhood Commercial
6.6
85'
89,110
Downtown Commercial
8.8
18'
383,328
General Commercial
37.1
-
1,618,508
Corporate Office
216.6
-
12,539,209
Commercial Center
85.8
-
850,000
Smoky Hollow
94-A -93.55
268
2,019,454-_2u445,023
Urban Mixed -Use North
232.5
-
13,166,010
Urban Mixed -Use South
70.6
-
3,997,936
124th Street Specific Plan
3.9
1
73,530
Aviation Specific Plan
5.4
-
66,000
Downtown Specific Plan
26.3
232'
1,145,628
Corporate Campus Specific Plan
46.5
-
2,550,000
199 North Continental Boulevard
-
-
-
Specific Plan
1.75
-
70,132
222 Kansas Street Specific Plan
4.65
-
1212532
Parking
11.8
-
-
Light Industrial
356.1
-
18,529,000
Heavy Industrial
1001
-
?
Public Facilities
87.9
-
-
Federal Government
90.6
-
-
Open Space
75:3-77.0
-
_
Parks
50
-
_
Street and Railroad R.O.W
442.6
-
-
Totals
;3,4.94.25
8,089
57,097,845 57 6644,946
3 497
Population Projection
17,287
1 Existing construction and recently constructed, renovated commercial centers and legal non - conforming
residential uses at densities that are currently higher than allowed by the land use designations in this plan will not
realistically be converted to mixed commercial/residential uses and these buildings are expected to remain for the
life of the Plan.
2 The heavy industrial shown on this plan includes the Chevron Refinery and former Southern California Edison
Generation Station. These facilities have processing equipment and tanks rather than buildings and are expected to
remain for the life of the Plan. Therefore, no estimated building square footage is shown.
3 This number represents the maximum number of dwelling units that can be developed in Option 1 of the 540
East Imperial Avenue Specific Plan. If Option 1 is not built, the maximum number of units that can be developed
in Option 2 of the 540 East Imperial Avenue Specific Plan is 58 residential dwelling units.
158
City Council Resolution No. 4779
Exhibit F
General Plan Land Use Map
N
m� C O 111 a 6 S S 3 C S
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159
CITY COUNCIL RESOLUTION NO. 4779 EXHIBIT G
CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT F
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "),
SMPO Lab, LLC, Mar Canyon Grand, LLC, and Richard Kizirian of the Kizirian Trust
agree to comply with the following provisions as conditions for the City of El Segundo's
approval of an Addendum to a Mitigated Negative Declaration for Environmental
Assessment No. 959, General Plan Amendment No. 12 -01, Specific Plan Amendment
No. 12 -01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Development
Agreement No. 12 -01, Subdivision No. 12 -02 (VTM 71903), and Site Plan Review No.
12 -01 ( "Project Conditions ").
Plannina_and Building Safety Department
Before building permits are issued, the applicant must submit plans that
demonstrate substantial compliance with the plans and conditions of approval on
file with the Planning and Building Safety Department. Site Plan Review
approval must be granted before building permits may be issued. Any
subsequent modification to the project as approved, including the site plan, floor
plan, elevations, landscaping and materials, must be referred to the Director of
Planning and Building Safety to determine whether the Planning Commission
should review the proposed modification.
2. Before building permits are issued, the applicant must obtain all the necessary
approvals, licenses and permits and pay all the appropriate fees as required by
the City.
3. The applicant must comply with all mitigation measures identified in the
Addendum to the Mitigated Negative Declaration of Environmental Impacts and
the Errata to the Addendum. A Mitigation Measure Monitoring and Reporting
Program (MMRP) was prepared as part of the environmental review for the
project and is attached as Exhibit "I" to this Resolution. All mitigation measures
in the Addendum to the Mitigated Negative Declaration of Environmental Impacts
for the proposed project are incorporated by this reference into these conditions
of approval. All mitigation measures and conditions of approval must be listed on
the plans submitted for plan check and on the plans for which a building permit is
issued.
4. Any changes to the colors and materials of the exterior fagade of the buildings
must be in compliance with the 222 Kansas Street Specific Plan Section 4.3(L)
Design Standards and approved to the satisfaction of the Director of Planning
and Building Safety.
5. Before the City issues a building permit, the applicant must submit final
landscaping and irrigation plans to the City of El Segundo Planning and Building
Safety Department and the Parks and Recreation Department for review and
160
approval to demonstrate compliance with the City's Water Conservation
regulations and Guidelines for Water Conservation in Landscaping (ESMC §§
10 -2 -1, et seq.). The plant materials used in landscaping must be compatible with
the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24
published by Sunset Books, Inc., Revised and Updated 2001 edition, which is
available for review at the Planning and Building Safety Department.
Additionally, the landscaping and irrigation must be completely installed before
the City issues a final Certificate of Occupancy. Additionally, the final
landscaping and irrigation plans must comply with the following:
A. Reclaimed water must be used as the water source to
irrigate landscaped areas, if feasible. To that end, dual
water connections must be installed to allow for
landscaping to be irrigated by reclaimed water, if feasible.
B. Efficient irrigation systems must be installed which
minimize runoff and evaporation and maximize the water
which will reach plant roots (e.g., drip irrigation, automatic
sprinklers equipped with moisture sensors).
C. Automatic sprinkler systems must be set to irrigate
landscaping during early morning hours or during the
evening to reduce water losses from evaporation.
Sprinklers must also be reset to water less often in cooler
months and during the rainfall season so that water is not
wasted by excessive landscaping irrigation.
D. Selection of drought - tolerant, low -water consuming plant
varieties must be used to reduce irrigation water
consumption, in compliance with ESMC §§ 10 -2 -1, etseq.
f. Employees must be provided current maps, routes and schedules for public
transit routes serving the site; telephone numbers for referrals on transportation
information including numbers for the regional ridesharing agency and local
transit operators; ridesharing promotional materials; and bicycle route and facility
information.
7. Ground level mechanical equipment, refuse and recycling collectors, storage
tanks, monitoring wells, generators, and other similar facilities must be screened
from view with opaque walls of materials and finishes compatible with the overall
design of the buildings in the project and provide dense landscaping to the
satisfaction of the Planning and Building Safety Department.
8. Trash and recycling enclosures must be provided and shown on the site plan that
are sufficiently large enough to store the necessary bins required for the regular
collection of commercial solid waste and recyclable materials. The site plan with
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the location and dimensions of the trash and recycling enclosure and an
elevation view of the enclosure must be provided to the Planning and Building
Safety Department for review and approval before the City issues building
permits. Separate trash and recycling facilities must be provided for each phase
of the project (Phase 1: USDA Facility; Phase 2: 2 office buildings).
9. Exterior lighting must be designed to minimize off -site glare.
10. The building must be designed to comply with the ESMC standards for the
attenuation of interior noise.
11. Before the City issues a Certificate of Occupancy the applicant must provide the
Planning and Building Safety Department a status report on the Leadership in
Energy and Environmental Design (LEED) that includes the GBCI scorecard
prepared by a qualified professional with a LEED AP credential. The Director of
Planning and Building Safety will determine if the items identified on the
scorecard and report, show a good faith effort to build to LEED standards and
warrant release of this condition. The City can require peer review of the LEED
report and GBCI scorecard by a qualified professional with a LEED AP credential
hired by the City at the applicant's expense to advise the Director of Planning
and Building Safety in his or her determination. Additionally, the City can require
inspections for grading, site improvements, and buildings for the project by a
qualified professional with a LEED AP credential to verify that the project has
been constructed in compliance with the LEED report and GBCI scorecard to
advise the Director of Planning and Building Safety in his or her determination.
12. Before the City issues a Certificate of Occupancy for Phase 2, the applicant must
submit a reciprocal access and parking agreement for joint use of the driveway
entrance, drive aisle, and parking area on Lot 3 with Lots 1 and 2 of the proposed
Vesting Tentative Tract Map (VTTM) to the Planning Department for review and
approval by the Director of Planning and Building Safety. The reciprocal access
agreement must be reviewed and approved as to form by the Director of
Planning and Building Safety and City Attorney before recordation. The applicant
must pay for all fees incurred by the City as a result of the City Attorney's review
of the Reciprocal Access Agreement before the City issues a Certificate of
Occupancy. The reciprocal access agreement must be recorded before the City
issues a Certificate of Occupancy.
13. Before the City issues a Certificate of Occupancy for any buildings or site
improvements, the applicant must complete all the conditions of approval of
Environmental Assessment No. 966 and Lot Line Adjustment No. LLA 12 -03.
14. Vacation of the existing Edison easements is required before the City issues
building permits for any buildings or structures within the easement area.
' '3 - 62
15. The project must meet all the design criteria of the Specific Plan to the
satisfaction of the Director of Planning and Building Safety.
16. Before the City issues a building permit, landscaping plans must be reviewed and
approved in compliance with the Site Plan Review criteria of the Specific Plan to
the satisfaction of the Director of Planning and Building Safety.
17. Before the City issues a building permit, plans for walls, fences, lighting fixtures
and accessory structures must be reviewed and approved in compliance with the
Site Plan Review criteria of the Specific Plan to the satisfaction of the Director of
Planning and Building Safety.
18. Before the City issues any building permits for signs, a Master Sign Program
must be reviewed and approved by the Director of Planning and Building Safety.
Building Division Conditions
19. Before building permits are issued, plans must show conformance with the 2010
California Building Code with El Segundo amendments, the 2010 California
Green Building Code, 2010 California Mechanical Code, 2010 California
Plumbing Code, 2010 California Electrical Code, and the 2010 California Energy
Code, all as adopted by the ESMC.
20. Before building permits are issued, the applicant must submit a
geotechnical /soils report, along with an associated grading plan that addresses
the current code to the Planning and Building Safety Department for review and
approval.
21. Before grading permits are issued, the applicant must submit a soils report to the
Planning and Building Safety Department for review and approval.
22. Before building permits are issued, plans must show compliance with
accessibility requirements per the 2010 California Building Code, as adopted by
the ESMC.
23. A covenant and agreement or equivalent instrument must be recorded to allow
the use of disabled parking spaces on Lot 3 to serve the buildings on Lot 1 and 2.
The covenant and agreement must be reviewed and approved as to form by the
Planning and Building Safety Department and the City Attorney before
recordation. The applicant must pay for all fees incurred by the City as a result of
the City Attorney's review of the covenant before the City issues a final building
permit. The covenant must also be recorded before the City issues a final
building permit.
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24. A minimum slope of 2% must be provided at the north side of the Phase 1
building for drainage away from the building and to the street via a non - erosive
device.
25. A minimum slope of 2% must be provided for drainage away from the Phase 2
buildings and to the street via a non - erosive device. Site drainage from lot 3
must be conducted to the street via a non - erosive device at a minimum 1%
slope.
26. A Stormwater Pollution Prevention Plan (SWPPP) and a Standard Urban
Stormwater Mitigation Plan, (SUSMP) for each phase of development must be
provided and approved by the Planning and Building Safety Department.
27. The Phase 1 building must demonstrate that the occupancy group for the S
occupancy is a S -2 occupancy. The building must provide sprinklers in
compliance with the El Segundo Municipal Code. The plans must clearly show
that the maximum 250 foot exit travel distance is not exceeded for rooms P -03,
P -04, P -05, and P -07. The percentage of openings for the Phase 1 building must
comply with table 705.8 of the 2010 California Building Code, as measured from
the north property line.
28. The Phase 2 buildings must comply with Section 1022 of the 2010 California
Building Code for exit enclosures for the stairways. The exit enclosures must
extend to the exterior of the building and must be of 1 -hr construction. The
percentage of openings for the Phase 2 buildings must comply with table 705.8
of the 2010 California Building Code, as measured from the interior property
lines. Restroom facilities for men and women are required and the number of
plumbing fixtures must comply with table 4 -1 of the 2010 California Plumbing
Code.
29. Both phases of the project require complete structural calculations and details,
along with a civil grading plan, and architectural notes and details to be reviewed
and approved by the Building Division before a building permit is issued.
30. Both phases of the project require a geotechnical report to be reviewed and
approved by the Building Division before a building permit is issued.
31. Separate permit applications are required for accessory structures, such as light
standards, walls, retaining walls, and equipment pad foundations.
32. Separate permit applications are required for each of the following permit types:
signs, grading, mechanical, electrical, and plumbing.
Fire Department Conditions
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33. The project must comply with all applicable requirements of the 2010 California
Building and Fire Codes and the 2009 International Fire Code as adopted by the
SSMC and El Segundo Fire Department Regulations.
34. Before a building permit is issued, the applicant must submit and obtain approval
of a Fire /Life Safety Plan from the Fire Department. The Fire /Life Safety Plan
must identify fire safety precautions during demolition and construction,
emergency site access during construction, permanent fire department site
access, fire water supply, fire hydrant locations, and any existing or proposed fire
sprinkler systems and fire alarm systems.
35. A list of proposed chemicals for laboratory use must be provided to determine the
types of hazards or permits necessary for the safe use or storage of lab
chemicals to the satisfaction of the Fire Department.
36. If a second well is located during construction, the well must be abandoned in
compliance with DOGGR requirements and DOGGR documentation of the
abandonment must be provided to the Fire Department and the Planning
Division.
Public Works Department Conditions
37. Before the City issues a Certificate of Occupancy and records the final map, the
applicant must dedicate 10 feet along the entire Grand Avenue frontage of the
subject property and provide an irrevocable offer to dedicate an additional 9 feet
along the entire Grand Avenue frontage of the subject property to the satisfaction
of the Public Works Department and the City Attorney. The City has the right to
exercise its right to accept the property subject to the offer of dedication on or
after, the earlier of, September 1, 2024, or 15 years following the date on which
the certificate of occupancy was issued for the last building on the property. If
the City amends its Circulation Element such that property that is subject to the
offer of dedication is no longer required for public right -of -way purposes, then the
offer of dedication will automatically expire. The applicant must enter into an
agreement, in a form approved by the City Attorney, holding the City harmless
and indemnifying it from any hazardous materials or contamination that may
affect the property offered for dedication.
38. Before the City issues a Certificate of Occupancy the applicant must dedicate
five feet along the entire Kansas Street and Franklin Avenue frontage of the
property to the satisfaction of the Public Works Department.
39. Before the City issues a Certificate of Occupancy the applicant must eliminate
the mid -block crossing on Kansas Street to the satisfaction of the Public Works
Department.
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40. Before the City issues a Certificate of Occupancy the applicant must provide a
pedestrian countdown display on the signal pedestrian heads at the intersection
of Grand Avenue and Kansas Street to the satisfaction of the Public Works
Department.
41. The Final Map must be recorded and filed with the City Engineer of the City of El
Segundo and Los Angeles County Recorder's Office.
42. The applicant must ensure that encroachment permits deemed to be required by
the City are secured from the Public Works Department before commencing any
and all work in the public right -of -way.
43. All construction related parking must be accommodated on -site. No construction
related parking will be permitted off -site.
44. Before the City issues any Certificate of Occupancy, the applicant must construct
curb and gutter, sidewalk, and driveway approaches per SPPWC standards
along Franklin Avenue and Kansas Street by an appropriately license contractor
to the satisfaction of the Public Works Department. Sidewalk must be a
minimum of 5 feet wide on all three street frontages.
45. Before the City issues any Certificate of Occupancy, the applicant must construct
curb ramps per SPPWC standard Type 1 at the corner of Kansas Street and
Grand Avenue as well as at the corner of Kansas Street and Franklin Avenue.
Developer to provide 5 -foot wide sidewalk behind the curb ramps.
46. Before the City issues any Certificate of Occupancy, the applicant must resurface
half of the street from the proposed curb and gutter to the centerline of the street
along Kansas Street and Franklin Avenue to the satisfaction of the Public Works
Department.
47. Before the City issues any Certificate of Occupancy, the applicant must install a
minimum 5 -foot wide parkway including landscaping and street trees on Grand
Avenue, Kansas Street and Franklin Avenue, in compliance with the General
Plan Circulation Element standards and the Master Street Tree Plan, to the
satisfaction of the Public Works Department, Planning and Building Safety
Department and the Parks and Recreation Department.
48. The applicant must provide a potable water service lateral and water meter for
each new lot. Location and sizes of all proposed water meters must be approved
by Public Works Department Water Division.
49. The applicant must provide sewer lateral with property cleanout on each lot.
50. Any unused water service lateral and sanitary sewer laterals must be abandoned
at the City main.
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51. The project must comply with the latest NPDES requirements and provide Best
Management Practices (BMPs) for sediment control, construction material control
and erosion control.
52. Before the City issues a building permit, the applicant must provide a SUSMP
(Standard Urban Storm Water Mitigation Plan).
53. Before the City issues a building permit, the applicant must provide a SWPPP
(Stormwater Pollution Prevention Plan).
54. Before the City issues a building permit, a registered civil engineer must provide
storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities
to control on -site drainage and mitigate off -site impacts, as follows, subject to
review and approval from Public Works Department:
a. The design must follow the criteria contained in both the Los Angeles
County Department of Public Works Hydrology Manual 2006 and
Standard Urban Storm Water Mitigation Plan or most recent editions.
Flows shall not to impact neighboring properties.
b. New development must not increase the rate of flow (cubic feet per
second) or velocity (feet per second) of site run -off water to any off -site
drainage areas beyond the measured or calculated pre- project rate and
velocity.
55. Location and sizes of existing public utilities (water, sewer, etc.) must be shown
on the plans. Indicate the location of any proposed connection points for the
utility service.
56. All record drawings (As -built drawings) and supporting documentation must be
submitted to the Department of Public Works before scheduling the project's final
inspection.
Police Department Conditions
57. Before the City issues a building permit, the applicant must submit a photometric
light study to the Police Department for review and approval. A site plan must be
provided showing buildings, parking areas, walkways, and the point -by -point
photometric calculation of the required light levels. Foot candles must be
measured on a horizontal plane and conform to a uniformity ratio of 4:1
average /minimum. The photometric study must be point -by -point and include the
light loss factor (.7). Lighting levels must be adjusted to meet the minimum foot
candle requirements within each area of the site. Street lighting shall not be
included in the calculations. All interior or exterior corridors, passageways and
pedestrian walkways and open parking lot shall be illuminated at all times with a
minimum maintained one foot - candle of light on the walking surface.
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58. Before the City issues a Certificate of Occupancy, lighting devices must be
enclosed and protected by weather and vandal resistant covers. The lighting
devices must be shown on plans to the satisfaction of the Police Department.
59. Before the City issues a Certificate of Occupancy, aisles, passageways and
recesses related to and within all sides of the complex must be illuminated with a
maintained minimum of .25 footcandles on the ground surface during hours of
darkness. Compliance must be shown on plans to the satisfaction of the Police
Department.
60. Before the City issues a Certificate of Occupancy, the addressing, all entry doors,
open parking lots, shipping/loading dock doors, trash dumpsters and guest
parking must be illuminated with a maintained minimum of one footcandle of light
on the ground surface during hours of darkness.
61. Before the City issues a Certificate of Occupancy, street addressing must be a
minimum of 6 inches high and must be visible from the street or driving surface,
of contrasting color to the background and directly illuminated during hours of
darkness. Addressing must also be shown on plan elevations.
62. Before the City issues a Certificate of Occupancy, light standards with lighting
fixtures mounted at 12 to 14 feet in height must be installed for all walkways.
Light standards and lighting fixtures must be shown on plans to the satisfaction of
the Police Department.
63. Before the City issues a building permit, landscaping must be designed and
shown on the plans to minimize obstruction of light fixtures to ensure
maintenance of required lighting levels to the satisfaction of the Police
Department.
64. Before the City issues a building permit, all landscaping must be shown on the
plans to be low profile around perimeter fencing, windows, doors and entryways
so as not to limit visibility or provide climbing access to the satisfaction of the
Police Department. Bushes must be trimmed to 2 to 3 feet and away from
buildings. Dense bushes cannot be clumped together in a manner that provides
easy concealment.
65. Before the City issues a Certificate of Occupancy, all loading dock pedestrian
doors must have a panoramic door viewer (190 -200 degrees) installed. Notes
must be provided on the plans demonstrating compliance with this requirement to
the satisfaction of the Police Department.
66. Before the City issues a Certificate of Occupancy, a latch guard must be placed
over all single swing entry door locks and secondary security astragals must be
installed in all double swing entry doors.
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67. Before the City issues a Certificate of Occupancy, bicycle racks must be located
in well -lit highly visible locations. Bicycle rack locations must be shown on the
plans to the satisfaction of the Police Department.
68. Before the City issues a Certificate of Occupancy, the USDA facility bicycle rack
on Kansas Street must be relocated within the visitor parking lot in a secured
area and shown on plans to the satisfaction of the Police Department.
Construction Conditions
69. Before any construction occurs the perimeter of the property must be fenced with
a minimum 6 -foot high fence. The fence must be covered with a material
approved by the Planning and Building Safety Department to prevent dust from
leaving the site.
70. All haul trucks hauling soil, sand, and other loose materials must either be
covered or maintain two feet of freeboard.
71. NOx emissions during construction must be reduced by limiting the operation of
heavy -duty construction equipment to no more than 5 pieces of equipment at any
one time.
72. Staging of construction vehicles and vehicle entry and egress to the site must be
approved by the Public Works Department. Temporary construction driveways
must be approved by the Public Works Department. Temporary construction
driveways must be removed before the City issues a certificate of occupancy.
73. Construction vehicles cannot use any route except the City's designated Truck
Routes.
74. The applicant must develop and implement a construction management plan, as
approved by the Public Works Department before a building permit is issued,
which includes the following measures recommended by the SCAQMD:
• Configure construction parking to minimize traffic interference.
• Provide temporary traffic controls during all phases of construction
activities to maintain traffic flow (e.g., flag person).
• Re -route construction trucks away from congested streets.
• Maintain equipment and vehicles engines in good condition and in
proper tune as per manufacturer's specifications and per SCAQMD
rules, to minimize dust emissions.
C Suspend use of all construction equipment during second stage smog
alerts. Contact SCAQMD at (800) 242 -4022 for daily forecasts.
• Use electricity from temporary power poles rather than temporary
diesel or gasoline- powered generators.
-) 0- 169
• Diesel- powered equipment such as booster pumps or generators
should be replaced by electric equipment, if feasible.
• Catalytic converters must be installed, if feasible.
• Equipment must be equipped with two -to- four - degree engine time
retard or pre- combustion chamber engines.
S Use methanol or natural gas powered mobile equipment and pile
drivers instead of diesel if readily available at competitive prices.
• Use propane or butane powered on -site mobile equipment instead of
gasoline if readily available at competitive prices.
75. During construction and operations, all waste must be disposed in accordance
with all applicable laws and regulations. Toxic wastes must be discarded at a
licensed, regulated disposal site by a licensed waste hauler.
76. All leaks, drips and spills occurring during construction must be cleaned up
promptly and in compliance with all applicable laws and regulations to prevent
contaminated soil on paved surfaces that can be washed away into the storm
drains.
77. If materials spills occur, they must be cleaned up in a way that will not affect the
storm drain system.
78. The project must comply with ESMC Chapter 5 -4, which establishes storm water
and urban pollution controls.
79. Before anticipated rainfall, construction dumpsters must be covered with tarps or
plastic sheeting.
80. Inspections of the project site before and after storm events must be conducted
to determine whether Best Management Practices have been implemented to
reduce pollutant loadings identified in the Storm Water Prevention Plan.
81. The owner or contractor must conduct daily street sweeping and truck wheel
cleaning to prevent dirt in the storm drain system.
82. Storm drain system must be safeguarded at all times during construction.
83. All diesel equipment must be operated with closed engine doors and must be
equipped with factory- recommended mufflers.
84. Electrical power must be used to run air compressors and similar power tools.
85. The applicant must provide a telephone number for local residents to call to
submit complaints associated with the construction noise. The number must be
posted on the project site and must be easily viewed from adjacent public areas.
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86. During construction, the contractor must store and maintain equipment as far as
possible from adjacent residential property locations northwest of the site.
87. As stated in ESMC Chapter 7 -2, construction related noise is restricted to the
hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at
anytime on Sunday or a Federal holiday.
Service Fee Conditions
88. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time park facilities mitigation fee in accordance with
Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
89. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time fire services mitigation fee in accordance with
Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
90. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time police services mitigation fee in accordance
with Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
91. Before building permits are issued, the applicant must pay the required sewer
connection fees (as specified in ESMC Title 12 -3).
92. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues a certificate
of occupancy, the applicant must pay a one time traffic mitigation fee in
accordance with Section 5.2 of the Development Agreement. The fee amount
must be based upon the adopted fee at the time the building permit is issued.
93. Before building permits are issued, the applicant must pay the required School
Fees. This condition does not limit the applicant's ability to appeal or protest the
payment of these fees to the school district(s).
Miscellaneous
94. SMPO Lab, LLC, Mar Canyon Grand, LLC, and Richard Kizirian, on behalf of the
Kizirian Trust, agree 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. 959, General Plan Amendment No. 12 -01, Specific Plan Amendment No. 12-
01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Subdivision No.
12 -02, Site Plan Review No. 12 -01, or Development Agreement (DA) No. 12 -01.
Should the City be named in any suit, or should any claim be brought against it
12 .. 171
by suit or otherwise, whether the same be groundless or not, arising out of the
City approval of Environmental Assessment No. 959, General Plan Amendment
No. 12 -01, Specific Plan Amendment No. 12 -01, Zone Change No. 12 -01, Zone
Text Amendment No. 12 -01, Development Agreement (DA) No. 12 -01,
Subdivision No. 12 -02, Site Plan Review No. 12 -01, SMPO Lab, LLC, 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.
By signing this document, Steve Williams on behalf of SMPO Lab, LLC, Allan
Mackenzie on behalf of Mar Canyon Grand, LLC, and Richard Kizirian, on behalf of the
Kizirian Trust, certify that they have read, understood, and agree to the Project
Conditions listed in this document.
Steve Williams,
SMPO Lab, LLC
Allan Mackenzie, President
Mar Canyon Grand, LLC
Richard Kizirian,
Kizirian Trust
PAPlanning & Building Safetyl0 Planning - OMPROJECTS (Planning)1951- 975\FA- 9591City Council 090420121Reso and
Attachments 0 9 0420 1 21EA -959 CC Resolution Exhibit G - Conditions.doc
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EXHIBIT 2
ORDINANCE NO. 1470
AN ORDINANCE APPROVING THE 222 KANSAS STREET
SPECIFIC PLAN PROJECT AT 222 KANSAS STREET BY
ADOPTING SPECIFIC PLAN AMENDMENT NO. 12 -01; ZONE
CHANGE NO. 12 -01; ZONE TEXT AMENDMENT NO. 12 -01; AND
APPROVING DEVELOPMENT AGREEMENT NO. 12 -01;
SUBDIVISION NO. 12 -02 (VESTING TENTATIVE MAP NO.
71903); AND SITE PLAN REVIEW NO. 12 -01.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On February 26, 2009, the Planning Commission ( "Commission ")
approved an Initial Study /Mitigated Negative Declaration (ISIMND)
for Environmental Assessment No. EA -788, Subdivision (SUB) No.
08 -01, and Smoky Hollow Site Plan Review (SHSP) No. 08 -01 to
allow. a) construction of five one and two -story buildings totaling
79,513 square feet and b) a subdivision into 55 condominium air
space units. If built, the project would have been constructed
subject to the requirements of the Medium Manufacturing (MM)
Zone. The proposed uses were light industrial, general office, and
restaurant uses and the proposed floor area ratio (FAR) was 0.37
(the "Original Project ");
B. On January 19, 2012, Mar Ventures, Inc., filed an application on
behalf of SMPO Lab, LLC, for an Environmental Assessment (EA
No. 959); a General Plan Amendment to re- designate the 4.83 -acre
project site from Smoky Hollow Mixed Use to "222 Kansas Street
Specific Plan" (222 KSSP); a Specific Plan Amendment to remove
the subject property from the Smoky Hollow Specific Plan
boundaries and to establish a new "222 Kansas Street Specific
Plan" (222 KSSP) and to establish the development standards
within the Specific Plan; a Zone Change to amend the Zoning Map
to rezone the project site from the Medium Manufacturing (MM)
Zone with a Grand Avenue Commercial (GAC) Overlay District to
the 222 Kansas Street Specific Plan (222 KSSP) Zone; a Zone Text
Amendment; to add a new ESMC § 15- 3- 2(A)(8) "222 Kansas
Street Specific Plan "; and to modify ESMC Chapter 15 -11; a
Development Agreement; a Subdivision of the "Phase 2" property
into four parcels and 20 condominium units; and Site Plan Review
for construction of a 45,152 square -foot facility operated by the
USDA on the southern portion of the property (Phase 1), and two
173
office buildings totaling 31,000 square feet in floor area on the
northern portion of the property (Phase 2) (collectively, the
"Project ");
C. The application was reviewed by the 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. Following the environmental review, the City prepared an
Addendum to the Initial Study /Mitigated Negative Declaration
approved for the Original Project pursuant to CEQA Guidelines §
15164. Pursuant to CEQA, the Addendum need not be circulated
for public review (CEQA § 15164(c)). However, an addendum must
be considered by the decision - making body before to making a
decision on the project (CEQA § 15164(d));
F. Following a public hearing on duly 12, 2012, the Planning
Commission adopted Resolution No. 2721 recommending that the
City Council approve the Project;
G. On August 7, 2012, the City Council held a public hearing and
considered the information provided by City staff, public testimony
and the applicant, Mar Ventures, Inc.;
H. On August 21, 2012, the City Council reintroduced a revised
ordinance and considered the information provided by City staff,
public testimony and the applicant, Mar Ventures, Inc.; and
This Ordinance and its findings are made based upon testimony
and evidence presented to the Council at its August 7, 2012 and
August 21, 2012 hearings including, without limitation, the staff
report submitted by the Department of Planning and Building
Safety.
SECTION 2: Environmental Assessment. Resolution No. 4779 adopted an
Addendum to the previously adopted Initial Study/Mitigated
Negative Declaration (IS /MND) for this Project which, among other
things, properly assesses the environmental impact of this
Ordinance, and the Project, in accordance with CEQA. This
2 174
Ordinance incorporates by reference the environmental findings
and analysis set forth in Resolution No. 4779.
SECTION 3: Factual Findings and Conclusions. The factual findings and
conclusions set forth in Resolution No. 4779, adopted on August 7,
2012, are incorporated as if fully set forth.
SECTION 4: Specific Plan Findings. Based on the factual findings in Resolution
No. 4779, as incorporated into this Ordinance, the 222 Kansas Street Specific
Plan (222 KSSP) is required to implement the Project. ESMC § 15 -3 -2 (A) must
be amended to list the 222 Kansas Street Specific Plan (222 KSSP) Zone as a
zoning classification within the City to ensure consistency with the General Plan,
as amended by the Project. The 222 KSSP Zone designation will not be used
elsewhere within the City.
SECTION 5: Zone Change Findings.
A. As set forth in Resolution No. 4779, the proposed Zone Change
from Medium Manufacturing (MM) Zone with a Grand Avenue
Commercial (GAC) Zone Overlay District to 222 Kansas Street
Specific Plan (222 KSSP) Zone is necessary to maintain
consistency with the proposed General Plan.
B. The purpose of ESMC Title 15 — Zoning Regulations is the primary
tool for implementing the goals, objectives and policies of the
General Plan. The zone change will maintain consistency with the
General Plan Amendment designating the Project site as 222
Kansas Street Specific Plan. It is also consistent with the General
Plan goals, objectives and policies discussed in Section 4 of
Resolution No. 4779.
SECTION 6: Zone Text Amendment Findings. Based on the factual findings in
Resolution No. 4779, the proposed Zone Text Amendment is necessary to
implement the Project.
SECTION 7: Development Agreement Findings. Pursuant to City Council
Resolution No. 3268, adopted June 26, 1984, the City Council finds that:
A. The Project is consistent with the objectives, policies, general land
uses, and programs specified in the general plan and any
applicable specific plan. The Development Agreement would
provide the following public benefits in exchange for valuable
development rights (10 -year entitlement with a 5 -year extension
option):
3 115
1. Development of a property that is currently vacant and
underutilized.
2. Increasing and further stabilizing the City's tax base through
development of a commercial development.
3. Increase in employment opportunities for the City's residents.
4. Increase City revenues through the generation of taxes that
outweigh the City cost of services.
5. Development of a project that is consistent with the General
Plan.
6. Development of a building consistent with the minimum
standards for Leadership in Energy and Environmental Design
(LEED).
7. Improvements to roadways and intersections in the project
vicinity.
8. Contribution of $450,000 to the City.
9. Contribution of police, fire, and parks mitigation fees to offset
the impacts of the project on public services when the City
issues a building permit.
10. Contribution of traffic impact mitigation fees to offset the impacts
of the project on public roadway infrastructure when the City
issues certificates of occupancy.
B. As implemented, 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 Project includes a new land use
designation and zoning classification which establish the permitted
uses and development standards that apply to the Project. These
uses and development standards are similar and compatible with
the other commercially zoned districts in the City.
C. The Project will not be detrimental to the health, safety and general
welfare. The Project will not create any significant negative
environmental impacts. The mitigation measures listed in the
mitigated negative declaration are sufficient to reduce all identified
environmental impacts to less than significant levels.
D. The Project will not adversely affect the orderly development of
property or the preservation of property values. The 222 Kansas
Street Specific Plan development standards and development
agreement will ensure that the Project is developed in an orderly
fashion. All mitigation measures will be implemented at the time
and place impacts occur.
SECTION 8: Subdivision Findings.
A. The proposed map is consistent with applicable general and
L76
specific plans as specified in Government Code § 65451. As set
forth in Section 4 of Resolution No. 4779, the Project meets the
goals and objectives of the General Plan, and it is consistent with
the 222 Kansas Street Specific Plan. Vesting Tentative Map (VTM)
No. 71903 proposes four new lots and 20 condominium units. The
proposed lots vary in size and meet the minimum lot sizes and
minimum lot frontage required in the 222 Kansas Street Specific
Plan.
B. The design of the proposed subdivision is consistent with
applicable general and specific plans. As set forth in Section 4 of
Resolution No. 4779, this Project meets the goals and objectives of
the General Plan and is consistent with the 222 Kansas Street
Specific Plan.
C. The site is physically suitable for the proposed type of development
in that it will be relatively flat after grading of the site occurs and the
existing soil stockpile gets redistributed on the site. The proposed
lots meet the size and frontage requirements to allow the
subdivision of the one existing parcel into four parcels and 20
condominium units. The previous land use and zoning designation
for the property was Smoky Hollow Mixed Use and Medium
Manufacturing respectively. The new 222 Kansas Street Specific
Plan is similar to the Smoky Hollow Specific Plan in that it permits
office, light industrial, manufacturing, and research and
development uses. The 222 Kansas Street Specific Plan differs
from the Smoky Hollow Specific Plan in that it will also permit
governmental uses on the southern parcel subject to a
development agreement and it will prohibit commercial retail and
restaurant uses.
D. The site is physically suitable for the proposed density of
development. The proposed project involves a subdivision of a 4.83
gross acre parcel that will be a 4.65 net acre parcel after land
dedications for right -of -way purposes. The proposed maximum
density of 0.60 FAR is consistent with the 222 Kansas Street
Specific Plan. Each new lot will meet or exceed the minimum size
and dimension requirements.
E. The design of the Project is unlikely to cause substantial damage or
substantially and avoidably injure fish or wildlife or their habitat. The
Project site is an industrial property formerly occupied by
International Rectifier Corporation located in an urbanized area
surrounded predominantly by various commercial and industrial
uses, including general office, medical office, auto repair and light
industrial uses, with some multi - family residential uses northwest of
5 177
the site. There are no fish or wildlife habitats on the site that could
be damaged by the proposed subdivision or new development.
F. The design of the Project is not likely to cause serious public health
problems. The IS /MND and Addendum show that the Project will
have less than significant impacts on public health. Moreover,
before the City issues grading or building permits, the Planning and
Building Safety Department will review detailed plans to ensure
compliance with applicable health and safety regulations.
G. The design of the Project will not conflict with easements, acquired
by the public at large, for access through or use of property within
the Project upon completion of vacation of a known Edison
easement. Various pipeline easements were identified on the
subject site. The proposed subdivision is not anticipated to conflict
with any existing easements located at, or near the property once
the Edison easement is vacated.
SECTION 9: Site Plan Review Findings.
A. The Project is consistent with the intent and purpose of the 222
KSSP. The Project complies with numerous Goals, Objectives, and
Policies of the 222 KSSP. Specifically, the Project is consistent
with the following:
1. The Project is consistent with Land Use Element Goal LU1 to
"maintain El Segundo "s "small town" atmosphere, and provide
an attractive place to live and work" in that the height of the
proposed buildings will not exceed 40 feet, thereby maintaining
a low building height profile.
2. The Project is consistent with Land Use Element Goal LU4 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 the
Downtown in that the Project will allow a new governmental
facility and industrial/office uses, but will not impact the
Downtown as the uses would be non - competing to those uses
located in the Downtown area. The 222 Kansas Street Specific
Plan reduces competition as retail uses and eating
establishments are not allowed in the Project area.
Furthermore, the development will bring in new employees to
support the Downtown.
3. The Project is consistent with Land Use Element Policy LU4 -1.1
to "require landscaping, its maintenance, and permanent
6 178
upkeep on all new commercial developments," in that the
proposed site plan exceeds the minimum landscaping
requirements of the 222 Kansas Street Specific Plan by
providing landscaping on approximately 15 percent of the site
area.
4. The Project is consistent with Land Use Element Objective LU4-
4.3 "to provide for new office and research and development
uses," in that it provides for approximately 29,706 square feet of
office /industrial space and a 45,152 square -foot facility.
5. The Project is consistent with Land Use Element Goal LU5 "to
retain and attract clean and environmentally safe industrial uses
that provide a stable tax base and minimize any negative impact
on the City," in that it provides for approximately 29,706 square
feet of office /industrial space and a 45,152 square -foot facility
that will be operated by the United States Department of
Agriculture (USDA) used for Animal and Plant Health Inspection
Services ( "APHIS "). The proposed buildings will be at a
minimum, constructed to LEED Certified standards in
compliance with the U.S. Green Building Council standards in
effect as of the Effective Date, or such equivalent standard.
6. The Project is consistent with Land Use Element Objective LU
5 -3 to "encourage the rehabilitation of existing substandard
blighted industrial areas through the combined efforts of private
and public sectors," in that it will lead to development of a
currently vacant piece of property and will result in improved
aesthetics in the area due to attractively designed buildings and
landscaping.
7. The Project is consistent with Land Use Element Objective LU5-
6 to "encourage a mix office and light industrial uses in industrial
areas," in that it provides for approximately 29,706 square feet
of office/industrial space and a 45,152 square -foot facility.
8. The Project is consistent with Economic Development Element
Goal ED1 "to create in El Segundo a strong, healthy economic
community in which all diverse stakeholders may benefit," in
that it will develop a vacant piece of property with approximately
29,706 square feet of office/industrial space and a 45,152
square -foot facility. The office /industrial buildings will fill a need
that is not currently being satisfied in the City, causing tenants
to locate outside of the City's boundaries. The USDA facility will
be required to make an in lieu payment to the City for loss of
taxes which will contribute to the public welfare. The Project will
7 179
create jobs within the city which will benefit other businesses in
the City. Any new infrastructure that is required will be installed
as part of the development so there will be no impact on the
current infrastructure capacity.
9. The Project is consistent with Circulation Element Goal C1 to
` °provide a safe, convenient, and cost - effective circulation
system to serve the present and future circulation needs of the
El Segundo Community." The Project is designed with multiple
driveway approaches and 25 -foot wide drive aisles onsite, which
provide for adequate emergency access and circulation. In
addition, a traffic study conducted to evaluate the impacts of the
Project concluded that it would not have any significant impacts.
Furthermore, the developer will be required to pay a Traffic
Impact Mitigation Fee to mitigate any potential impacts of the
Project.
10. The Project is consistent with Circulation Element Policy C2 -2.2
to "encourage new development to provide facilities for
bicyclists to park and store their bicycles and provide shower
and clothes changing facilities at or close to the bicyclist's work
destination," in that it will provide at least 9 bicycle spaces for
the proposed USDA facility and 6 bicycle spaces for the two
proposed office buildings.
11. The Project is consistent with Circulation Element Objective C3-
2 to "ensure the consideration of the impacts of land use
decisions on the City's parking situation," in that both the USDA
facility and the office/industrial buildings in the north portion of
the site will exceed the minimum parking requirements. The
minimum number of parking spaces required is 95 for the USDA
facility and 91 for the officelindustrial buildings. The Project will
provide 108 parking spaces for the USDA facility and 103
parking spaces for the office/industrial buildings. An additional
21 parking spaces will be provided in the northeast portion of
the site to serve as overflow vehicle storage and parking for an
existing auto- repair facility across Grand Avenue.
12.The Project is consistent with Conservation Element Goal CN2
to "assist in the maintenance of a safe and sufficient water
supply and distribution system that provides for all water needs
within the community," in that the proposed buildings will be at a
minimum, constructed to LEED Certified standards in
compliance with the U.S. Green Building Council standards in
effect as of the Effective Date, or such equivalent standard.
8 1810
13.The Project is consistent with Air Quality Element Objective
AQ10 -1 to "control particulate emissions by paving roads and
parking lots or by adopting alternative methods to control
particulates," in that it proposes to pave, construct buildings,
and install landscaping over a currently vacant 4.$3 -acre
property. Particulate emissions during construction will be
minimized through the implementation of mitigation measures
included in the Initial Study and Mitigated Negative Declaration
(ISIMND) approved for the Project.
14-The Project is consistent with Noise Element Objective N1 -2 to
"ensure that City residents are not exposed to stationary noise
levels in excess of El Segundo's Noise Ordinance standards," in
that the proposed uses are primarily office and industrial in
nature and are anticipated to have less than significant noise
impacts. Noise impacts during construction will be minimized
through the implementation of mitigation measures included in
the Initial Study and Mitigated Negative Declaration (ISIMND)
for the Project.
B. The Project will not have an adverse impact on the public health,
safety, or the general welfare. The design of the Project has
incorporated design and safety measures to minimize any adverse
impact on the neighboring properties in the vicinity.
C. The proposed Site Plan is consistent with the 222 Kansas Street
Specific Plan in that the proposed development consists of a
45,152 square -foot 1 -story building, two 2 -story office /industrial
buildings that will total approximately 12,655 square feet and
17,051 square feet respectively, and an overflow vehicle storage
parking lot containing 21 parking spaces for an existing auto - repair
facility off -site.
D. The proposed Site Plan complies with the development standards
as identified for the 222 Kansas Street Specific Plan (222 KSSP)
Zone. Specifically, the Project is consistent with the following
standards:
1. 222 KSSP § 4.3 (A) - Lot Area. The proposed lots exceed the
minimum lot area requirements, which are 11,200 square feet
for all lots, with the exception of the lot fronting Grand Avenue
on the northeastern portion of the site (Lot No. 4) which
minimum lot area may be 5,000 gross square feet.
2. 222 KSSP § 4.3 (B) -- Height. The proposed buildings are
consistent with the maximum height limit of 40 feet in the north
9 181
portion of the site and 35 feet in the south portion of the site.
The proposed buildings will not exceed 37' -6" and 24' -8" in the
north and south portions respectively.
3. 222 KSSP § 4.3 (C) — Setbacks. The proposed buildings are
consistent with the minimum setback requirements, which are
10 feet on Grand Avenue, 8 feet on Franklin Avenue, 5 feet on
Kansas Street, and 0 feet from interior property lines. The
proposed buildings provide minimum setbacks of 10 feet on
Grand Avenue, 17' -4" on Franklin Avenue, 5 feet on Kansas
Street, and 5 feet from interior property lines.
4. 222 KSSP § 4.3 (E) — Building ArealFloor Area Ratio (FAR).
The proposed Site Plan is consistent with the maximum FAR
requirement of 0.60. The combined net floor area of all the
proposed buildings is 68,975 square feet and the net area of the
site is 202,454 square feet, which results in a FAR of 0.34.
5. 222 KSSP § 4.3 (F) — Off - Street Parking and Loading
Spaces. The proposed Site Plan exceeds the minimum parking
requirements for each portion of the development, which are 91
parking spaces for the office /industrial buildings in the north
portion of the site and 95 parking spaces for the USDA facility in
the south portion. The proposed Site Plan provides 124 and
108 parking spaces in the north and south portions respectively.
6. 222 KSSP § 4.3 (G) — Landscaping. The proposed Site Plan
exceeds the minimum landscaping requirement, which is seven
percent (7 %) of the total site area or 14,172 square feet. The
proposed Site Plan provides approximately 29,960 square feet
of landscaping or 29.6 percent (29.6 %) of the total site area.
7. 222 KSSP § 4.3 (H) — Walls and Fences. The proposed Site
Plan provides block wall and decorative wrought iron fencing six
to eight feet in height along the interior property lines and
portions of the street frontage, which is consistent with the 222
Kansas Street Specific Plan fencing standards.
8. 222 KSSP § 4.3 (1) — Access. The proposed Site Plan provides
adequate pedestrian, vehicular, and emergency access through
the use of 5 -foot wide sidewalks around the site perimeter,
walkways onsite ranging from four to ten feet in width at building
entrances and between buildings, multiple driveway approaches
ranging from 20 to 40 feet in width, and 25 -foot wide drive aisles
in the parking areas.
10 182
E. The proposed Site Plan is consistent with the 222 Kansas Street
Specific Plan design standards in that:
1. The colors, textures, and materials on the exterior elevations will
be coordinated to achieve a continuity of design throughout the
site, while individual buildings will have contrasting accent
features that use multiple exterior building materials and colors.
The proposed USDA facility in the south portion of the site will
be a one -story building approximately 18 feet tall above finished
grade. The siding material will consist of concrete panels that
will be painted burnt orange and grey. The burnt orange color
will be used as an accent color along the base of the building
and as a frame around window and door openings. The
elevations will be articulated through the use of multiple
windows on all the elevations, vertical architectural reveals at
regular intervals, and a decorative cornice along the roofline.
The west and east elevations use projecting metal canopies
painted a dark brown color to further break up the mass of the
elevations. The rooftop mechanical equipment screening is also
metal and painted the same color as the canopies to provide a
coordinated and consistent appearance.
The proposed office buildings in the north portion of the site will
be two stories and approximately 37 feet tali above finished
grade. The siding material will vary and consist primarily of red
brick or block and smooth plaster painter grey and white. The
elevations will be articulated through the use of multiple large
windows with green tint and metal canopies painted a dark
grey /green color. The elevations of Building A will be further
articulated through the use of pop -out windows and changes in
the wall planes. The elevations of Building B will be further
articulated through the use of plaster siding and exterior
walkways on the second level. Overall the office buildings in the
north portion of the site will have a consistent theme. In
conclusion, the buildings in the north and south portion of the
site will use similar materials and colors to achieve continuity of
design throughout the site, while individual buildings will provide
visual interest through the use of contrasting accent features
and multiple exterior materials and colors.
2. The proposed USDA facility and the office buildings will make
use of low reflective glass and glazings for the windows to
reduce visual impacts on neighboring properties and uses.
3. The architectural design of the proposed USDA facility and
office buildings avoids long, plain building elevations and
11 183
provide sufficient articulation. As indicated above, the
elevations are sufficiently articulated through the use of rooflines
with variable height and decorative cornices, through
architectural projections such as decorative awnings, projecting
window frames, and through the use of exterior walkways,
variable building setbacks, and the use of different colors and
materials.
SECTION 10: Zoning Map. The current Zoning Map is amended by changing
the Project site from Medium Manufacturing (MM) Zone to "222 Kansas Street
Specific Plan." The corresponding changes to the Zoning Map are set forth in
attached Exhibit "A," which is incorporated into this Ordinance by reference.
SECTION 11: Zone Text Amendment. ESMC § 15- 3 -2(A) is amended to add
subsection 8 to read as follows:
"8. 222_ Kansas Street Specific Plan
There is one zone intended to be used within the boundaries
of the 222 Kansas Street Specific Plan:
222 KSSP - 222 Kansas Street Specific Plan"
SECTION 12: Specific Plan Amendment. ESMC § 15- 11- 1(A)(1) is amended to
read as follows:
"Smoky Hollow is a light industrial /manufacturing region located in
central El Segundo. The Project area encompasses approximately
one hundred twenty one (121) gross acres or ninety four (94) net
acres and is more than ninety five percent (95 %) developed. The
majority of the present buildings are single or two (2) story and
twenty (20) years old or older."
SECTION 13: Exhibit Amendments. ESMC Chapter 15 -11 Exhibit II -2 `Block
Conditions Survey;" Exhibit II -3 "Target of Opportunity;" Exhibit II -4 "Base
District;" Exhibit II -5 "Circulation Plan;" Exhibit II -6 "Cooperative Parking
Opportunities;" Exhibit 11 -7 "Sewer Master Plan;" Exhibit II -8 "Flood Control and
Drainage ;" Exhibit I11-1 "Land Use;" and Exhibit III -2 "Floating Zones ;" are
amended to remove the Project site from the boundaries of the Smoky Hollow
Specific Plan in conformance with the revised Exhibits II -2; II -3; II -4; II -5; 11 -6; II -7;
11 -8; 111 -1; and III -2 as depicted in attached Exhibit "B," which is incorporated by
reference.
SECTION 14: Additional Specific Plan Amendment ESMC § 15 -11 -5 "Appendix
A: Boundary Description" is amended to remove the property described in
12 184
attached Exhibit "C," which is incorporated by reference, from the boundaries of
the Smoky Hollow Specific Plan.
SECTION 15: Adopting 222 Kansas Street Specific Plan. The "222 Kansas
Street Specific Plan" is adopted as set forth in attached Exhibit "D," which is
incorporated into this Ordinance by reference.
SECTION 16: Development Agreement The Development Agreement by and
between the City of El Segundo and SMPO Lab, LLC, as set forth in attached
Exhibit "E," and incorporated into this Ordinance by reference, is approved. The
Mayor is authorized to execute the Development Agreement in a form approved
by the City Attorney.
SECTION 17: Additional Approvals. To the extent they are not otherwise
adopted or approved by this Ordinance, and subject to the conditions listed on
attached Exhibit "F," which are incorporated into this Ordinance by reference, the
City Council approves Specific Plan Amendment No. 12 -01, Zone Change No.
12 -01, Zone Text Amendment No. 12 -01, Development Agreement No. 12 -01,
Subdivision No. 12 -02 (Vesting Tentative Map No. 71903), and Site Plan Review
No. 12 -01.
SECTION 18: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance 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 City Council in all respects and are fully and completely
supported by substantial evidence in the record as a whole.
SECTION 19: Limitations. The City Council's analysis and evaluation of the
Project is based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects
of the Project will not exist. One of the major limitations on analysis of the
Project is the City Council's knowledge of future events. In all instances, best
efforts have been made to form accurate assumptions. Somewhat related to this
are the limitations on the City's ability to solve what are in effect regional, state,
and national problems and issues. The City must work within the political
framework within which it exists and with the limitations inherent in that
framework.
SECTION 20: Summaries of Information. All summaries of information in the
findings which precede this section, are based on the substantial evidence in the
record. The absence of any particular fact from any such summary is not an
indication that a particular finding, is not based in part on that fact.
SECTION 21: Effectiveness of SSMC. Repeal or amendment of any provision
of the ESMC will not affect any penalty, forfeiture, or liability incurred before or
13 185
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 22: Memoralization: The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City of El
Segundo's book of original ordinances; make a note of the passage and adoption
in the records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 23: Severability. 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.
14 1.86
SECTION 24: Effective Date. This Ordinance will become effective on the thirty -
first (31 st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 4th day of September
2012.
Carl Jacobson, Mayor
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO
I, Tracy Weaver, 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. 1470 was duly introduced by said City Council
at a regular meeting held on the 21st day of August 2012, 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
4th day of September 2012, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
By:
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safetyl0 Planning - OMPROJECTS (P1anning)1951- 9751EA- 9591C1ty Council 090420121Ordinance
and Attachments\EA -959 CC Ordinance 09042012.doc
15 1,87
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CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT C
El Segundo Municipal Code § 15 -11 -5: APPENDIX A; BOUNDARY
DESCRIPTION
Smoky Hollow Specific Plan Boundary Description
Amend the Northern Boundary description to read as follows:
"C. Northern Boundary:
1. The center line of said alley in an easterly direction to the intersection of the
center line of Arena Street; along the center line of Arena Street in a southerly
direction to the intersection of the center line of Franklin Street; along the center
line of Franklin Street in an easterly direction to the western boundary of vacated
Bungalow Drive extended; along the western boundary of vacated Bungalow
Drive extended in a northerly direction 95 feet to the southern boundary lot line of
the public retention basin; along the southern boundary lot line of the public
retention basin in an easterly direction to the intersection of the center line of
Center Street; along the center line of Center Street in a northerly direction to the
intersection of the center line of Grand Avenue; along the center line of Grand
Avenue in an easterly direction to the extended property line between lots 13 and
44 on the north side of Grand Avenue between Center Street and Nevada Street;
along the said property line in a northerly direction for approximately 70 feet to
the El Segundo Junior High School boundary; along the El Segundo Junior High
School boundary in an easterly direction to the intersection of the center line of
Nevada Street; along the center line of Nevada Street in a northerly direction to
the termination of the street at the southern boundary of El Segundo Junior High
School (approximately 70 feet); along the southern boundary of the El Segundo
Junior High School in an easterly direction to the southeastern corner of the
property (approximately 350 feet); along the eastern border of the property in a
northerly direction to the intersection of the northern boundary of the Southern
Pacific Railroad right of way; along the northern boundary of the Southern Pacific
Railroad right of way in a southeasterly direction to the intersection of the
northern boundary of vacated Holly Avenue (approximately 125 feet); along the
northern boundary of vacated Holly Avenue in an easterly direction to the
intersection of the western boundary of California Street (approximately 175
feet); along the western boundary of California Street in a southerly direction to
the intersection of the center line of Holly Avenue; along the center line of Holly
Avenue in an easterly direction to the intersection of the center line of Indiana
Street."
Add the following subsection E in a separate paragraph immediately below subsection
15- 11 -5(D) - Eastern Boundary description:
"E. Boundary Amendment: As part of Environmental Assessment No. EA -959,
General Plan Amendment No. GPA 12 -01, Specific Plan Amendment No. SPA
12 -01, Zone Change No. ZC 12 -01, Zone Text Amendment No. ZTA 12 -01,
198
Subdivision No. SUB 12 -02, and Development Agreement No. DA 12 -01 the
following area was removed from the Smoky Hollow Specific Plan:
Parcel A
All of Parcel 4 of Parcel Map No. 7707, in the City of El Segundo, County
of Los Angeles, State of California, as per map filed in book 100, page 78
of parcel maps; together with that portion of Parcels 1 and 2 of Parcel Map
No. 10427, in said City, County and State, as per map filed in book 113,
page 25 of parcel maps, both in the office of the county recorder of said
county, lying westerly, southerly and southwesterly of the following
described line:
Commencing at the westerly terminus of the northerly line of said Parcel 1
of said Parcel Map No. 10427, said northerly line being shown on said
Parcel Map as bearing north 89° 53' 52" east, 158.66 feet; said northerly
line also being the southerly right of way line of Grand Avenue, 60 feet
wide, as shown on said Parcel Map No. 10427; said southerly right of way
line also being the northerly line of said Parcel 4 of said Parcel Map No.
7707 and the northerly line of said Parcel 2 of said Parcel Map No. 10427,
all as shown on said Parcel Map No. 10427;
thence along said northerly line of said Lot 1 of Parcel Map No. 10427
and continuing along the northerly lines of said Parcel 4 of said Parcel
Map No. 7707 and said Parcel 2 of said Parcel Map No. 10427, North 891
53'52" East, 308.01 feet to the true point of beginning;
thence leaving said northerly line, South 00° 06'08" East, 152.16 feet;
thence North 89° 53' 52" East, 60.48 feet to the southwesterly line of said
Lot 2 of said Parcel Map No. 10427; said southwesterly line shown as
bearing North 54° 09' 12" West on said Parcel Map;
thence along said southwesterly line, South 54° 09' 12" East, 95.11 feet to
the point of intersection with a line that is parallel with and 297.00 feet
northerly, measured at right angles, from the northerly right of way line of
Franklin Avenue, 50 feet wide, said street right of way width being shown
on said Parcel Map No. 10427.
Excepting therefrom that portion of said Parcel 1 of said Parcel Map No.
10427 lying southerly of said line that is parallel with and 297.00 feet
northerly, measured at right angles, from the northerly right of way line of
Franklin Avenue, 50 feet wide, said street right of way width being shown
on said Parcel Map No. 10427.
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Parcel B
That portion of Parcel 1 of Parcel Map No. 10427, in the City of El
Segundo, County of Los Angeles, State of California, as per map filed in
book 113, page 25 of parcel maps, lying southerly of a line, parallel with
and 297.00 feet northerly, measured at right angles, from the northerly
right of way line of Franklin Avenue, 50 feet wide, said street right of way
width being shown on said Parcel Map No. 10427."
P:1Planning & Building Safetyl0 Planning - Old1PROJECTS (Planning)1951- 9751EA- 9591City Council
090420121Ordinance and Attachments\EA -959 CC Ordinance Exhibit C - Smoky Hollow Appendix A Boundary
Description Updated for SCE Easement 08202012 CLEAN.doc
200
CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT D
222 KANSAS STREET SPECIFIC PLAN
1.0 SUMMARY
This Specific Plan was prepared to provide guidance and to allow flexibility in developing the
4.83 gross acre property located at 222 Kansas Street (the "Project Site ") consistent with the
adjoining uses. The Specific Plan guides the build -out of the Project Site in a manner that is
consistent with City and State policies and standards and ensures that the Project is developed
in a coordinated manner.
Under this Specific Plan, the Project Site will be split into two sections, a southerly 3.1 net acre
parcel and a northerly 1.55 net acre parcel which may be divided into four parcels, for a total of
5 parcels. An additional .18 acres of street frontage will be dedicated to the City along Grand
Avenue (10 feet), Kansas Street (5 feet), and Franklin Avenue (5 feet); an additional 9 feet of
the 1.55 acre parcel along Grand Avenue will be irrevocably offered to the City for dedication.
The entire Project Site can be used for any of the uses set forth in this Specific Plan. On the
northerly portion of the property, a .14 acre parcel will be created out of the 1.55 acres on the
eastern side (1600 East Grand Avenue) for a reconfigured storage lot for the existing Jim and
Jack's Collision Center. With this reconfiguration, the parking facility will be screened in and
hidden from public view.
A site plan was developed for the Project Site and is attached as Exhibits 2 - 8 and incorporated
into the Specific Plan by this reference ( "Approved Site Plan "). Under the Approved Site Plan,
the southerly 3.1 acres will initially be developed for the United States Department of Agriculture
( "USDA ") as its new Animal and Plant Health Inspection Services ( "APHIS ") and the northerly
1.55 acre parcel will be subdivided into 4 separate parcels, one of which (1600 East Grand
Avenue) is the storage lot for the existing Jim and Jack's Collision Center. Two office/industrial
buildings, to be divided into ten commercial condominiums each, will be built on the remaining
1.41 acres, along with parking spaces for 103 vehicles. Detailed text and exhibits which more
fully describe the Approved Site Plan are included at Section 5.7 of this Specific Plan.
The Specific Plan does not require that the Project Site be developed pursuant to the Approved
Site Plan. An alternate site plan may be submitted and the Project Site can be utilized for any of
the uses allowed in the Specific Plan in accordance with the development standards set forth
herein.
1.1 PURPOSE AND AUTHORITY OF SPECIFIC PLAN
The purpose of this Specific Plan is to regulate land uses on the Project.
This Specific Plan was adopted in accordance with the provisions of Government Code §§
65450 through 65457. These sections also identify the required contents of a Specific Plan and
mandate consistency with the General Plan.
According to Government Code § 65450, a Specific Plan must include text and a diagram or
diagrams which specify all of the following in detail:
The distribution, location, and extent of the uses of land, including open space within the
area covered by the plan.
201
• The proposed distribution, location, extent, and intensity of major components of public
and private transportation, sewage, water, drainage, solid waste disposal, energy and
other essential facilities proposed to be located within the land area covered by the plan
and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
• A program of implementation measures including regulations, programs, public works
projects and financing measures necessary to carry out the above items.
• A discussion of the relationship of the Specific Plan to the General Plan.
A review of the El Segundo General Plan shows that this Specific Plan is compatible and
consistent with the goals and policies outlined in the General Plan. This Specific Plan will further
the goals and policies of the General Plan as more fully described below.
This Specific Plan reconciles the policies of the El Segundo General Plan and actual
development of the Project Site. By functioning as a regulatory document, the 222 Kansas
Street Specific Plan implements the goals, policies, and objectives of the El Segundo General
Plan. All future development plans and entitlements within the Specific Plan boundaries must
be consistent with the standards set forth in this document.
1.2 PROJECT GOALS
The goal of this Specific Plan is to develop the Project Site with office and industrial uses. This
Specific Plan provides regulations that allow for expanded office space — beyond that originally
contemplated for the site — in conjunction with industrial uses and allows construction and
operation of a federal government facility.
1.3 PROJECT LOCATION AND ADJACENT LAND USES
Regionally, the Project Site is located in the northwest quadrant of the City of El Segundo. It is
bordered by Grand Avenue to the north, Franklin Avenue to the south, and Kansas Street to the
west. The Property lies approximately 500 feet west of Sepulveda Boulevard. The Project Site
is located less than one mile south of Interstate 105, approximately 1.75 miles west of Interstate
405, and less than 1.75 miles east of the Pacific Ocean.
Surrounding land uses primarily consist of light industrial and commercial facilities. Multi- family
residential properties are located northwest of the site, across the intersection of Kansas Street
and Grand Avenue. Commercial uses occupy the building north of the site across Grand
Avenue. Light industrial /commercial uses are located northeast of the site across Grand
Avenue. The majority of the space east of the site is occupied by the Military Entrance
Processing Station ("MEPS "). Land south of the MEPS, but still to the east of the Project Site, is
occupied by additional commercial uses including the Grateful Dogs Clubhouse.
Comm ercialrndustrial sites lie south and southeast of the Project Site. Commercial buildings lie
to the west of the project site across Kansas Street, between Franklin Avenue and Grand
Avenue. All of the surrounding property lies within the Medium Manufacturing District of the
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 2
202
Smoky Hollow Specific Plan area; portions of the surrounding property have the Grand Avenue
Commercial Site Overlay.
Exhibit 1 - Adjacent Properties
1,4 PROJECT SITE HISTORY
The Project Site formerly housed International Rectifier Corporation (" IRC") and was classified
as a heavy manufacturing facility. Except for the parcel at 1600 East Grand Avenue which is
being used as overflow storage for Jim and Jack's Collision Center across the street, the Project
Site is now undeveloped. There is a permanently capped oil well located on the southern
portion of the Project Site.
In February 2009, the City approved an Initial Study /Mitigated Negative Declaration for the
Segundo Business Park which was a proposed development that would have subdivided the
Project Site into 55 commercial and light industrial condominium units to be located in six on-
site buildings. The Business Park would have been subjected to the development restrictions of
the Medium Manufacturing District of the Smoky Hollow Specific Plan, which contains limits on
the amount of office space that could be developed. The Business Park would have had a
gross FAR of 0.41 and the heights of the structures would have been limited to 35 feet. Office
and restaurant uses would have occupied 32 of the units and light industrial uses would have
occupied the remaining 23 units. The Business Park also included a lot line adjustment with
adjacent parcels to the east of the site along Grand Avenue which would have allowed the
triangular parking lot that handles the overflow storage of damaged vehicles awaiting repair at
Jim and Jack's Collision Center to be replaced with a walled —in parking lot. The Business Park
was never financially feasible and the Project Site reverted to the bank.
In August 2010, the USDA began its search for a new facility for its Animal and Plant Housing
Inspection Services with specific location criteria that required it to be in the proximity of LAX. In
October 2011 SMPO Properties was awarded the project to build the APHIS facility on the
vacant property on Kansas Street and SMPO acquired the Project Site that same month. A
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 3
203
short time later SMPO Properties and Mar Ventures, Inc. partnered to develop the entire 4.83
acres under a Specific Plan in order to allow the development of the APHIS facility and other
buildings on the Site.
An application for this Specific Plan, along with related applications for discretionary land use
approvals, was filled with the City in early 2012. Before these applications were considered, the
City approved Lot Line Adjustment LLA 12 -03 between SMPO Lab, LLC and the owners of the
MEPS and Jim Jack's Collision Center properties to the east to realign the eastern boundary of
the Project Site and divide the Project Site into the northerly 1.55 acre parcel and southerly 3.1
acre parcel.
1.5 EXISTING SITE
The proposed Project Site is currently undeveloped. There are no uses on the Property except
for the overflow storage for Jim and Jack's at 1600 East Grand Avenue. The site slopes from
north to south. The only impervious surface on the Project Site is the overflow parking in the
northeastern corner.
The Specific Plan area will encompass the entire 4.83 gross acre /4.65 net acre site.
1.6 CEQA COMPLIANCE
In compliance with CEQA the Mitigated Negative Declaration for the Segundo Business Park
was used for this Project along with an Initial Study /Mitigated Negative Declaration Addendum
prepared in June, 2012.
1.7 PROJECT DESCRIPTION
The 222 Kansas Street Specific Plan will be developed in substantial conformance with the land
use and development standards set forth in Section 4.0 below. The Specific Plan area will be
limited to an overall FAR of 0.60 which would allow development of 121,474 net square feet
area over the 4.65 net acres. The Project Site may be developed with any of the uses allowed
under Section 4.1 and in conformance with the development standards of Section 4.3.
Northerly 1.55 acres — this portion of the Project Site will be divided into a minimum of two
parcels, one of which will be a .14 acre parcel at 1600 East Grand Avenue which will house the
reconfigured overflow storage for the existing Jim and Jack's Collision Center. With the
reconfiguration the parcel will be fenced in and set back from Grand Avenue. The lot at 1600
Eas t Grand Avenue will continue to take access off of Grand Avenue; the remaining 1.41 acres
will take access off of a driveway on Kansas Street.
Southerly 3.1 acres — in addition to the uses allowed for the northerly portion, this portion of the
Project Site may also be used for a facility to be leased by a governmental or other tax - exempt
entity provided that the development does not exceed 50,000 square feet and is subject to a
Development Agreement. Access to this portion of the Project Site will be taken from a second
driveway on Kansas Street and up to two driveways on Franklin Avenue, one of which may be
up to 40 feet wide.
Remaining 0.18 acre — the remaining acreage would be dedicated to the City as follows: 10 feet
along Grand Avenue; 5 feet along Kansas Street; and 5 feet along Franklin Avenue.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 4
204
1.8 ENTITLEMENTS
The following entitlements were required for this Project.
• Environmental Assessment EA -959 — Initial Study /Mitigated Negative Declaration
Addendum
• General Plan Amendment GPA 12 -01 changing the land use designation of the Project
Site from Smoky Hollow to 222 Kansas Street, adding language to the Land Use
Element of the General Plan, and revising Exhibit LU -3 of the Land Use Element.
• Specific Plan Amendment SPA 12 -01 deleting the Project Site from the Smoky Hollow
Specific Plan Area and creating a new 222 Kansas Street Specific Plan Area.
• Zone Text Amendment ZTA 12 -01 to: 1) amend ESMC § 15 -11 -1 to reflect the reduced
acreage of the Smoky Hollow Specific Plan area; 2) amend ESMC § 15 -11 -5 to delete
the 4.83 acre Project Site from the northern property description of the Smoky Hollow
Specific Plan; 3) amend Exhibits II -4 through 11 -8 and III -1 and III -2 to eliminate the 222
Kansas Street Specific Plan area from the Smoky Hallow Specific Plan maps; and 4)
add a new SSMC § 15-3-2(A)(8)'222 KSSP - 222 Kansas Street Specific Plan."
• Zone Change ZC 12 -01 to reclassify Project Site from Smoky Hollow Specific Plan to
222 Kansas Street Specific Plan.
• Development Agreement DA 12 -01 between the City of El Segundo and SMPO Lab,
LLC, a Delaware Limited Liability Company.
• Vesting Tentative Map No. SUB 12 -02- dividing the northerly 1.55 acres into 4 separate
parcels.
• Site Plan Review SPR 12 -01 for the site plan contained in this Specific Plan.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 5
205
2.0 CONSISTENCY WITH THE GENERAL PLAN
Government Code § 65454 requires that the Specific Plan be consistent with the General Plan.
Government Code § 65451 requires a statement of relationship between the Specific Plan and
the General Plan. The two elements that are most related to the Project are the Land Use
Element and the Economic Development Element; the consistency with these two elements is
discussed below. A more detailed General Plan Consistency analysis is included at Appendix
A.
The uses allowed under this Specific Plan are very similar to the uses that are allowed under
the Smoky Hollow Specific Plan which previously encompassed the Project Site. The primary
differences are as follows:
• The Medium Manufacturing District of the Smoky Hollow Specific Plan allows general
offices, but with a square foot limitation as to the amount of office space that can be
developed. This Specific Plan provides for office uses on all portions of the Project Site
which will be limited in square footage only by development standards.
• The Grand Avenue Commercial Overlay Zone would allow medical and dental office if
activated on the northern portion of the Project Site, but then industrial uses would not
be allowed. The Specific Plan provides for these uses on all portions of the Project Site
in conjunction with industrial uses.
• The Specific Plan allows for a governmental or non - profit entity to operate its facilities in
the southerly portion of the Project Site area.
• The Specific Plan specifically allows automotive storage facilities in order to account for
the existing Jim and Jack's overflow storage lot at 1600 East Grand Avenue.
• Eating establishments and retail businesses are prohibited uses under this Specific Plan.
2.1 ECONOMIC DEVELOPMENT ELEMENT
The Economic Development Element of the General Plan is concerned with the economic
health of the commercial and industrial uses in the City. It focuses on the expansion and
maintenance of El Segundo's economic base and on the enhancement of the City's business
climate since economic development goals and policies help maximize the City's economic
development potential. The Economic Development Element specifically recognizes the City's
location as a "product' and the buyers are the businesses which wish to locate in this location
which is close to LAX, ground transportation and freeways. The Economic Development
Element also recognized the possibility of redeveloping large sites as they become vacant. One
of the primary goals of the Economic Development Element is to create a strong, healthy
economic community in which all stakeholders can benefit. With this goal in mind, the
Economic Development Element sets policies of maintaining economic development as a top
priority and maintaining and promoting land uses that improve the tax base while balancing
economic growth and quality of life.
This Specific Plan achieves the goal of creating a strong and healthy economic community by
providing the mechanism to redevelop a currently vacant and undeveloped piece of property.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 6
206
The additional persons that will be employed in the Specific Plan development will further help
to strengthen the City's economy as there will be more individuals to shop in the nearby
commercial areas, including the Downtown area, and use the services in the surrounding
community.
Under the Approved Site Plan, the southerly 3.1 acres will be developed with the 45,152 square
foot USDA facility that will employ approximately 45 persons. The USDA chose this location
precisely because of the location factors recognized in the Economic Development Element.
Although the USDA would be exempt from several taxes, the Development Agreement that is
tied to the Specific Plan will require payment to the City to offset this loss. Also under the
Approved Site Plan, the northerly 1.55 acres will be developed with two buildings totaling slightly
under 31,000 square feet. These buildings would fill a need for smaller office space in the
South Bay area as most small tenants are forced to lease space in mid- and high -rise buildings
rather than purchase their own space. It is estimated that these two buildings will provide
employment opportunities for approximately 90 people.
2.2 LAND USE ELEMENT
The Land Use Element of the General Plan recognized the growing trends of office
development and light manufacturing, research and development, wholesaling, distributing, and
laboratories, rather than heavy manufacturing. The Project Site was previously designated as,
and is surrounded by, the Smoky Hollow Specific Plan area which allows for primarily light
industrial uses including light manufacturing, research and development, warehousing, and
office uses. The maximum FAR for newly constructed projects in the Medium Manufacturing
District of the Smoky Hollow Specific Plan area is 0.6 The Specific Plan development will be
consistent with the uses and development standards of the surrounding Smoky Hallow Specific
Plan as both Specific Plan areas allow an FAR of 0.6.
One of the goals of the Land Use Element is to provide an attractive place to live and work while
maintaining the City's small town atmosphere. In order to accomplish this goal the Land Use
Element sets the objective of preventing deterioration and blight. The Specific Plan implements
this goal and objective by providing for development on a large, vacant parcel that is currently
being used only for construction staging. The development standards set forth herein will
ensure that the Project is of a high quality.
Another goal of the Land Use Element is to provide a stable tax base for the City without
adversely impacting the Downtown area. This goal has a specific objective of providing for new
office and research and development uses. The development allowed by the Specific Plan will
contribute to the City's tax base through an increase in property taxes, an increase in sales
taxes due to the influx of new employees as well as individuals patronizing new businesses, and
compensation paid to the City for the loss of taxes that would have otherwise been paid if the
southerly portion is developed by a tax- exempt entity. The uses allowed under the Specific Plan
will not impact the Downtown area; instead these uses will help stimulate business in the
Downtown area by the influx of new persons in the area.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 7
207
2.3 OTHER ELEMENTS
As set forth above, the Specific Plan is very similar to the previous Smoky Hollow Specific Plan
and therefore, the Specific Plan is consistent with the other elements of the General Plan just as
the Smoky Hollow Specific Plan was consistent.
3.0 PHYSICAL DEVELOPMENT
3.1 CIRCULATION
Access to the northerly 1.55 acres of the Project Site will be from an entrance on Kansas Street.
The overflow storage lot at 1600 East Grand Avenue will continue to take access from a
driveway on Grand Avenue. The southerly 3.1 acres will take access from a second driveway
on Kansas Street and up to two driveways on Franklin Avenue. All parking lots will be designed
to provide adequate circulation and emergency access as well as comply with or exceed all
other City standards, except as modified by this Specific Plan. The Director of Planning and
Building Safety may allow parking areas not to be interconnected as part of the site plan review
process.
3.2 UTILITIES AND INFRASTRUCTURE
A. Water Service
Water service is provided by the City of El Segundo and is currently available within the
Specific Plan Area. Water to the buildings will be provided by an 8" water line in Franklin
Avenue. The Project would maintain this connection, add connections as necessary if
the existing line does not have adequate capacity, and provide for on -site domestic and
fire water services.
B. Sewer Service
Sewer service within the Project Area, which is west of Sepulveda Boulevard, is
provided by underground sewers maintained by the City of El Segundo. The site is
currently served by an 8" sewer line in Franklin Avenue. If an existing sewer lateral
exists on the property and is sized to handle the capacity of the proposed sewage flow,
then a connection will be made to the lateral. If no existing lateral is found, or if it is
undersized, then a new sewer later will be installed to the existing 8" sewer line in
Franklin Avenue.
C. Solid Waste Disposal
Solid waste disposal is provided to commercial users by a variety of private haulers.
Landfill capacity is adequate for the assumed population and commercial growth within
Los Angeles County. The 222 Kansas Street Specific Plan would not exceed any
assumptions for commercial growth in the region.
D. Gas Service
Gas service is provided by Southern California Gas Company. A 6' service line is
available in Franklin Avenue.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 8
208
E. Electric/Telephone and Cable Service
Electric service is provided by Southern California Edison. Telephone service is provided
by AT &T, Verizon and Sprint via existing lines in adjacent streets and cable service is
provided by Time Warner Cable, Direct TV and Dish Network.
F. Fire Suppression
The El Segundo Fire Department (ESFD) provides fire protection services and
emergency medical service to the City. The Specific Plan area is approximately 1 mile
from Station 1 located at 314 Main Street in Downtown El Segundo and approximately
1.6 miles from Fire Station 2 located at 2261 Mariposa Avenue. Water for fire
suppression is available from existing water lines via hydrants adjacent to the Project
Site. Private hydrants will be installed if required to provide coverage for approved
structures.
G. Police Services
The El Segundo Police Department provides police protection services to the City. The
Specific Plan area is approximately 1 mile from the police station located at 348 Main
Street.
H. Storm Drains
All storm drainage from the site will be collected, treated and diverted to an on -site
retention system sized to meet the Los Angeles County SUSMP requirements. Overflow
from this system will drain through the curb face on Franklin Avenue. If there is not
adequate slope for the runoff to drain through the curb face, a connection will be made
to an existing curb inlet catch basin on Kansas Street, just north of the intersection with
Franklin Avenue. The catch basin connects to an existing 66" line that is owned and
maintained by the Los Angeles County Flood Control District.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 9
209
4.0 LAND USE AND DEVELOPMENT STANDARDS
4.1 USES
PERMITTED USES:
A. Art studios
B. Automotive storage in relation to an automobile repair facility
C. General and /or multimedia related offices
D. Medical and dental offices
E. Light assembly and processing
F. Light industrial
G. Manufacturing
H. Mixed use projects including commercial (other than retail), office and light
industrial uses
I. Parking structures and parking lots
J. Public facilities, public utilities
K. Research and development
L. Warehousing and distribution
M. For the southerly portion of the property only, facilities to be leased by
governmental or other tax - exempt entity up to 50,000 square feet, subject to the
requirement of a Development Agreement
N. Other similar uses approved by the Director of Planning and Building Safety, as
provided by ESMC Chapter 15 -22.
PERMITTED ACCESSORY USES:
A. Any use customarily incidental to a permitted use
B. Employee recreation facilities and play areas
C. Open storage incidental to a principal use
D. Single caretaker units at the ratio of one per legal building site or business
establishment whichever is larger
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 10
210
E. Other similar uses approved by the Director of Planning and Building Safety, as
provided by ESMC Chapter 15 -22
USES SUBJECT TO ADMINISTRATIVE USE PERMIT:
Other similar uses approved by the Director of Planning and Building Safety, as provided
by ESMC Chapter 15 -22.
USES SUBJECT TO CONDITIONAL USE PERMIT:
The following uses are allowed subject to obtaining a conditional use permit, as provided
by ESMC Chapter 15 -23:
A. Automobile service uses, if a three hundred foot (300) minimum distance from
any residentially zoned property is provided
B. Service stations, if a five hundred foot (500) minimum distance from any
residential zoned property is provided
C. Other similar uses approved by the Director of Planning and Building Safety, as
provided by SSMC Chapter 15 -22
PROHIBITED USES:
A. Automobile dismantling businesses
B. Retail sales, restaurants and cafes
C. Automobile service uses located within three hundred feet (300) of any
residentially zoned property
D. Drive- through restaurants
4.2 DISTRIBUTION AND LOCATION OF LAND USE
The northerly 1.55 acres will be developed with four separate parcels in order to create a 0.14
acre parcel at 1600 East Grand Avenue for the relocated storage for Jim and Jack's Collision
Center along the eastern portion of the property. Land uses may be distributed anywhere on
the Project Site provided they fall within the uses allowed by Section 4.1 and meet the
remaining development standards of this Section 4.0.
The southerly 3.1 acres will be developed as one parcel with the USDA's 45,152 square foot
APHIS facility initially occupying the building. The operations will include office, lab, and
warehouse uses. Approximately 97 parking spaces will be provided.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 11
10451
4.3 SITE DEVELOPMENT STANDARDS
Except as otherwise provided, this Specific Plan must be administered pursuant to the ESMC.
The development standards in this Specific Plan are intended to provide flexibility in the
development while providing consistency with adjacent uses.
A. Lot Area
The minimum lot area is 11,200 square feet with the exception of the lot fronting Grand
Avenue on the northeastern portion of the site (Lot No. 4) which minimum lot area may
be 5,000 gross square feet.
B. Height
Northerly 1.55 acres
No building or structure can exceed forty (40) feet in height, with the exceptions of
parapets and other auxiliary structures that cannot exceed forty -five (45) feet in height.
Southerly 3.1 acres
No building or structure can exceed thirty -five (35) feet in height, with the exceptions of
parapets and other auxiliary structures that cannot exceed forty -five (45) feet in height.
C. Setbacks
Front Yard. No parking is allowed in the setback area. The setbacks are as follows:
Grand Avenue: 10 foot minimum (includes 9' irrevocable offer of dedication)
Franklin Avenue: 8 foot minimum
Kansas Street: 5 foot minimum
Side Yard: no side yard setback is required unless the side yard abuts one of the
following dedicated streets, in which case the setbacks are as follows:
Grand Avenue: 10 foot minimum (includes 9' irrevocable offer of dedication)
Franklin Avenue: 8 foot minimum
Kansas Street: 5 foot minimum
Rear Yard. No rear yard setback is required, unless the rear yard abuts one of the
following dedicated streets, in which case the setbacks are as follows:
Grand Avenue: 10 foot minimum (includes 9' irrevocable offer of dedication)
Franklin Avenue: 8 foot minimum
Kansas Street: 5 foot minimum
Fences and gates may encroach in the setback areas.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 12
212
D. Lot Frontage
No requirement.
E. Building Area/Floor Area Ratio (FAR)
The FAR of the entire Project Site, as opposed to individual parcels, cannot exceed
0.60. The FAR is to be based on net square footage of the buildings and the net square
footage of the Project Site.
F. Off- Street Parking and Loading Spaces
Off street parking and loading are provided as required by ESMC Chapter 15 -15, with
the exception of the following:
1. Up to 35% of the parking spaces may be compact spaces;
2. Emergency generators may be allowed in the parking area provided that they do
not reduce required parking and they are decoratively screened;
3. The landscaped setback for the auto storage lot needs to only be 10 feet to the
first parking space;
4. The requirement that parking areas be connected may be modified as part of the
site plan review process; and
5. The number of required loading areas may be modified as part of the site plan
review process.
G. Landscaping
Landscaping requirements are as follows:
1. A minimum of seven percent (7 %) of the total site's square footage must be
devoted to landscaping;
2. Landscaping is not required in side yard setbacks unless the side yard abuts a
dedicated street or abuts a different zone;
3. Landscaping must consist of trees, shrubs, vines, bushes, flowers, ground
coverings or any combination thereof;
4. Landscaping cannot consist solely of artificial plants, artificial turf, crushed rock,
redwood bark or decorative pavement;
5. In the front yard setback, an at -grade or raised planter landscaping must be
employed. A permanent evergreen ground cover (turf, ivy) and trees are the
basic material recommended. One fifteen (15) gallon tree must be provided for
every twenty five feet (25') of lot frontage on a dedicated street;
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 13
213
6. All landscaped areas must be provided with permanent watering facilities;
7. Landscaping along Grand Avenue is only required to be ten (10) feet;
8. Patios may encroach within the setback areas and no landscaping is required in
such areas;
9. Emergency generators may be located in the landscaping area, but must be
decoratively screened with opaque material.
H. Walls and Fences
All walls and fences must comply with ESMC § 15 -2 -4. Decorative masonry, open work
wrought iron and similar materials are permitted. The use of chain link and razor wire is
prohibited.
1. Access
1. All development projects must provide adequate access for emergency vehicles.
In addition, all development projects must provide pedestrian access between
buildings and transit facilities located on site and/or off site, if within adjoining
public rights -of -way.
2. The lot at 1600 East Grand Avenue may continue to take access from Grand
Avenue.
3. Driveways of up to 40 feet on Franklin Street may be allowed as part of the site
plan review process.
J. Signs
Signs located in the Specific Plan area must comply with the requirements of ESMC
Chapter 15 -18.
K. Energy Standards
The development must be built to a minimum of LEED Certified standard or such other
equivalent standard determined by the Director of Planning and Building Safety. Actual
LEED certification is not required, however, the applicant must demonstrate that the
project is built to a minimum of LEED Certified standard or such other equivalent
standard using the GBCI scorecard prepared by a qualified professional with a LEED AP
credential_ The Director of Planning and Building Safety will determine if the items
identified on the scorecard and report, show a good faith effort to meet such standard.
LEED stands for the Leadership in Energy and Environmental Design (LEED) Green
Building Rating System developed by the United States Green Building Council
(USGBC) and provides a suite of standards for environmentally sustainable construction.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 14
214
L. Design Standards
The following minimum design standards must be incorporated in all projects within the
Plan area:
1. All colors, textures, and materials on exterior elevation(s) must be coordinated to
achieve a continuity of design throughout the 4.83 acre portion of the Project
Site, regardless of whether the buildings are developed at the same time;
2. The buildings must have contrasting accent features that use at least two primary
exterior building materials (including, without limitation, concrete, stucco, stone,
rock, and brick) and/or two exterior colors;
3. Building materials must be of non - reflective coatings and glazing$ and windows
must use low - reflectivity glass;
6. Long, plain building elevations must be avoided; sufficient articulation must be
provided;
5. Plans must be reviewed and approved by the Director of Planning and Building
Safety for compliance with these Design Standards. If the Director finds that such
plans are non compliant, an applicant may appeal that decision in accordance
with the SSMC.
M. Phasing
Rough grading will occur over the entire Specific Plan area at one time. The Project Site
may be developed in one or more phases which may occur concurrently.
N. Transportation Demand Management (TDM)
Except as provided by this Specific Plan, development is required to comply with the
TDM requirements of ESMC Chapter 15.16. In determining the size of the development,
the northerly and southerly developments must be treated as two separate
developments absent submission of a different site plan which shows a combined
development over the two portions. All development on the northerly portion, with the
exception of the auto storage lot, must be treated as one development.
Regardless of the size of the development, bicycle racks must be provided for each
phase of development.
Regardless of the size of the development, each development must provide a bulletin
board, display case or kiosk displaying transportation information located where it is
visible to the greatest number of employees. Information in the area must include,
without limitation, the following:
1. Current maps, routes and schedules for public transit routes serving the site;
2. Telephone numbers for referrals on transportation information including numbers
for the regional ridesharing agency and local transit operators;
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 15 215
I Ridesharing promotional material supplied by commuter - oriented organizations;
4. Bicycle route and facility information including regional /local bicycle maps and
bicycle safety information; and
5. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders,
residents and pedestrians at the site.
4.4 MODIFICATIONS
A. Major Modifications
The following modifications constitute a Major Modification and require an amendment to
this Specific Plan:
1. Any decrease in the required building setbacks;
2. Any increase in the total developable square footage or FAR of the entire
Property;
3. Any increase in height of buildings or structures on the Property;
4. Any decrease in the minimum required lot area;
5. Any change in use to a use which is not permitted herein;
6. Any deviation from the uses and development standards or limitations set forth in
Sections 4.1 through Section 4.3 of this Specific Plan, except to the extent these
Sections specifically provide for the Council or Director of Planning and Building
Safety to approve such changes;
7. Any material modification to Developer's obligation to build to LEED standards,
or such other alternative as determined by the Director of Planning and Building
Safety for the Project; or
8. Any material modification that requires modification to the WIND, other than an
Addendum.
9. Other than the Major Modifications listed above, all other modifications to the
Project are considered "Minor Modifications."
B. Minor Modifications/Administrative Approvals
Any modification to the Project or Project Approvals not listed in subsection A above,
including a use approved subject to an Administrative Use Permit, is a Minor
Modification. The Developer may make Minor Modifications without amending this
Specific Plan upon the administrative approval of the Director of Planning and Building
Safety or designee, provided that such modifications are consistent with the
Development Standards, Applicable Rules and Project Approvals.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 16 216
5.0 SITE PLAN REVIEW
The following procedures shall apply for development of any site plan, with the exception that
the Approved Site Plan approved concurrently with this Specific Plan does not require any
separate approval other than the Director of Planning and Building Safety reviewing the
submitted building plans to ensure conformance with the Approved Site Plan. Absent a change
triggering a major modification under Section 4.4A, revisions to the Approved Site Plan or the
submission of a new Site Plan that is in accordance with the provisions of Section 4.0 does not
require an amendment to this Specific Plan.
5.1 OVERVIEW
In order to develop a project that is in conformance with the uses, density and FAR approved in
this Specific Plan, a site plan review ("SPIT') application must be filed with the Department of
Planning and Building Safety.
5.2 APPLICATION FOR SITE PLAN REVIEW - CONTENTS
The site plan review application must be submitted in conformance with applicable City
application requirements and must include all information deemed necessary by the Director of
Planning and Building Safety to address site plan review criteria.
5.3 SITE PLAN REVIEW — PROCEDURE
A. The Director of Planning and Building Safety must review an application to ensure there
is consistency with the Specific Plan within 30 days after it is submitted.
B. CEQA Review, if required, must be conducted within the time frames set forth in the
Public Resources Code and the California Code of Regulations.
C. The Director of Planning and Building Safety must review site plan applications within 30
days after the completion of the public review period of the environmental
documentation, if any, or within 30 days from the date the application is deemed
complete if no further environmental review is required. The Director of Planning and
Building Safety must render his decision in writing, approving, approving with conditions,
or denying the site plan review application, stating the reasons for such action.
D. The decision of the Director of Planning and Building Safety is final unless appealed to
the Planning Commission in accordance with ESMC Chapter 15 -25. Such decision of
the Planning Commission may be appealed to the City Council in accordance with this
same Chapter. Decisions of the Director of Planning and Building Safety and/or
Planning Commission are considered final unless timely appealed.
E. The site plan is valid for two years from the date of approval. If construction has not
commenced within such time, but the applicant has diligently pursued the project plan
review process, the Director of Planning and Building Safety may extend the site plan
approval for up to one additional year.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 17
217
F. After the site plan is approved, the Director of Planning and Building Safety may approve
minor changes in the site plan or the conditions thereof if the Director finds that there are
practical reasons for such changes, that such changes do not substantially vary from the
previously approved site plan and applicable SSMC regulations and that such changes
do not involve deviations from the design's intent.
5.4 SITE PLAN REVIEW CRITERIA
The purpose of the site plan review procedure is to ensure that the development provides a
cohesive visual identity and coordinated design character for the Specific Plan area of high
quality. The overall coordinated design character must be expressed in the site planning,
architecture, landscaping, lighting, and signage. The architectural design is to be compatible in
character, massing and materials consistent with the site plan depicted in this Specific Plan.
The architectural design must provide a character that complements the surrounding uses.
In approving the site plan review the Director of Planning and Building Safety, or the Planning
Commission or City Council on appeal, must consider the following factors:
A. The dimensions, shape and orientation of the parcel;
B. The placement of buildings and structures on the parcel;
C. The height, setbacks, and bulk of buildings;
D. The building materials and design;
E. The distance between buildings or structures;
F. The location, number and layout of off - street parking and loading spaces;
G. The internal traffic patterns and pedestrian safety features;
H. The location, amount and type of landscaping materials and the sustainability of the
landscaping material with the El Segundo climate in compliance with the applicable
climate zone;
The placement, height and direction of illumination of light standards;
J. The location, number, size and height of signs;
K. The location, height and materials of walls, fences or hedges; and
L. The location and method of screening refuse and storage areas, roof equipment, pipes,
vents, utility equipment and all equipment not contained in the main buildings of the
development.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 18 218
5.5 APPROVAL CRITERIA
The Director of Planning and Building Safety, or Planning Commission or City Council on
appeal, will approve the site plan if it finds that the site plan, architecture and landscape design,
with conditions if necessary, are consistent with the Project Description and development
standards set forth herein.
5.6 EXEMPT ACTIVITIES
The following is a list of activities which are exempt from the site plan review process. This list
is not all inclusive; the Director of Planning and Building Safety may exempt other special
activities not covered by this example listing:
A. All interior changes, alterations, construction
B. Demolition
C. Exterior mechanical (heating, air conditioning, water heater)
D. Minor exterior repairs costing less than $50,000.00
E. Reglazing, new mullions
F. Relandscaping of existing site
G. Repainting
H. Reroofing with similar style roofing materials
5.7 THE APPROVED SITE PLAN
As set forth above, the approval of this Specific Plan also includes approval of the Approved
Site Plan, Exhibits 2 - 8 incorporated into this Specific Plan. The Approved Site Plan proposes
a total of 68,975 net square feet (75,182 grass square feet) of development for an overall FAR
of 0.34 over the net 4.65 acres.
Under the Approved Site Plan, construction of Phase 1, the USDA facility, will take
approximately twelve months to complete and construction of Phase II, the buildings on the
northerly portion of the Project Site, will take approximately 9 months to complete.
Nothing requires the Project Site to be built in accordance with the Approved Site Plan. A new
site plan may be approved in accordance with the provisions of Section 5.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 19
219
IExWbit 2 - Entire Site Plan
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The Approved Site Plan provides for the division of this portion of the Project Site into 4 parcels.
Development of two buildings of approximately 12,655 gross /11,496 net square feet and 18,005
gross /15,797 net square feet for a total of 30,660 gross /27,293 net square feet will be placed on
two separate parcels and a third parcel will be developed with shared parking of 103 spaces for
the two buildings. (See Exhibits 2 [entire site] and 4 [northerly portion].) Only one loading area
is required. The buildings will be able to be utilized for any of the allowed uses in this Specific
Plan.
The fourth parcel will be the .14 acre parcel at 1600 East Grand Avenue for the existing Jim and
Jack's overflow storage on the eastern portion of this parcel. Access to the parcel at 1600 East
Grand Avenue will continue to be from Grand Avenue and access to the remainder of the
northerly portion will be from a driveway on Kansas Street.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 20
220
4
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A. Northerly 1.55 Acres (Exhibits 2 - 5)
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The Approved Site Plan provides for the division of this portion of the Project Site into 4 parcels.
Development of two buildings of approximately 12,655 gross /11,496 net square feet and 18,005
gross /15,797 net square feet for a total of 30,660 gross /27,293 net square feet will be placed on
two separate parcels and a third parcel will be developed with shared parking of 103 spaces for
the two buildings. (See Exhibits 2 [entire site] and 4 [northerly portion].) Only one loading area
is required. The buildings will be able to be utilized for any of the allowed uses in this Specific
Plan.
The fourth parcel will be the .14 acre parcel at 1600 East Grand Avenue for the existing Jim and
Jack's overflow storage on the eastern portion of this parcel. Access to the parcel at 1600 East
Grand Avenue will continue to be from Grand Avenue and access to the remainder of the
northerly portion will be from a driveway on Kansas Street.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 20
220
Exhibit 3 - Northerly Portion Site Plan
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 21 221
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 21 221
Exhibit 5 — Northerly Portion Building "B" Color Elevations
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 22 222
B. Southerly 3.1 Acres (Exhibits 2 and 6 - 8)
The Approved Site Plan provides for the development of this portion of the Project Site as one
parcel with the USDA's APHIS facility. The facility will be approximately 45,152 gross /41,682
net square feet and the uses in the facility will be broken down between: office space (37% -
16,920 s.f.); industrial /labs (29% - 12,978 s.f.); and warehouse (260/0 - 11,784 s -f.). The
remaining square footage would be restrooms, electrical /mechanical rooms, and exterior walls
(8% - 3,470 s.f.).
Access to this portion of the Project Site will be from a second driveway on Kansas Street and
two driveways on Franklin Avenue; the most easterly driveway may be up to 40 feet. There will
be two separate parking areas with a total of 97 parking spaces; interconnectivity of the two
parking areas on this portion is not required. At such time as USDA no longer occupies the
facility, it may be utilized for any of the allowed uses in this Specific Plan.
Exhibit 6 - Southerly Portion Site Plan
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 23 223
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 23 223
Exhibit 7 — Southerly Portion USDA Building Color Elevations
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JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 24
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Exhibit 8 — Southerly Portion USDA Building Color Renderings
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 25
225
6.0 GENERAL ADMINISTRATION
Unless regulated by this Specific Plan, development will be administered and enforced by the
City in accordance with the ESMC. This Specific Plan supersedes any conflicts with ESMC
zoning regulations.
A. The Director of Planning and Building Safety may grant administrative use permits in
accordance with ESMC Chapter 15 -22.
B. The Director of Planning and Building Safety may make other administrative
determinations using the same procedures set forth in ESMC Chapter 15 -22.
C. The Director of Planning and Building Safety may grant adjustments and administrative
adjustments in accordance with ESMC Chapter 15 -24.
7.0 AMENDMENT
In accordance with the Government Code §§ 65450 - 65457, Specific Plans must be prepared,
adopted and amended in the same manner as General Plans except that Specific Plans may be
adopted by resolution or by ordinance.
This Specific Plan may be amended as necessary in the same manner as it was originally
adopted; a change to the Approved Site Plan or submission of a new site plan does not in and
of itself trigger the need for an amendment to the Specific Plan. Said amendment or
amendments do not require a concurrent General Plan amendment unless the Director of
Planning and Building Safety determines that the proposed amendment would substantially
affect General Plan goals, policies, objectives or programs.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 26 226
APPENDIX A
GENERAL PLAN CONSISTENCY
ECONOMIC DEVELOPMENT ELEMENT
Goal ED1: Economic Base
To create in El Segundo a strong, healthy economic community in
which all diverse stakeholders may benefit.
Objective EDl -1 To build support and cooperation among the City of El Segundo and
its business and residential communities for the mutual benefits
derived from the maintenance and expansion of El Segundo's
economic base.
Policy ED1 -1.1
Maintain economic development as one of the City's and the
business and residential communities' top priorities.
Policy ED1-1.2
Focus short-run economic development efforts on business
retention and focus longer -run efforts on the diversification of El
Segundo's economic base in order to meet quality of life goals.
Objective ED1 -2 Center diversification efforts on targeted industries that meet the
City's criteria for job creation, growth potential, fiscal impact, and fit
with local resources.
Policy ED1-2.1
Seek to expand El Segundo's retail and commercial base so that the
diverse needs of the City's business and residential communities are
met.
Policy ED1 -2.2
Maintain and promote land uses that improve the City's tax base,
balancing economic development and quality of life goals.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 27 227
Policy ED1 -2.3
Seek to balance the City's economic development program with the
City's resources and infrastructure capacity.
The 222 Kansas Street project will enhance the economic community of
El Segundo by developing a vacant piece of property. The
office /industrial buildings will fill a need that is not currently being
satisfied in the City, causing tenants to locate outside of the City's
boundaries. The USDA, or other government facility, will be required tc
make an in lieu payment to the City for loss of taxes which will help the
economics of the City. The project will create jabs within the city which
will benefit other businesses in the City. Any new infrastructure that is
required will be installed as part of the development so there will be no
stress on the current infrastructure capacity.
LAND USE ELEMENT
Goal LU1: Maintenance of El Segundo's "Small Town" Atmosphere
Maintain El Segundo's "small town" atmosphere, and
provide an attractive place to live and work.
Objective LU1 -1 Preserve and maintain the City's low- medium density
residential nature, with low building height profile and
character, and minimum development standards.
The height of the buildings in this area will not exceed 40 feet,
thereby maintaining a low building height profile.
Goal LU4: Provision of a Stable Tax Base for El Segundo
Through Commercial Uses
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.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 28 228
The proposed project will allow new commercial uses, but will not
impact Downtown as the uses would be non - competing to those are
located in the Downtown area. The 222 Kansas Street Specific Plan
actually reduces competition from existing Smoky Hollow Specific
Plan as retail uses and eating establishments are not allowed in the
Project area. Further, the development will bring in new employees
to support the Downtown.
Policy LU4 -1.1
Require landscaping, its maintenance, and permanent upkeep on all
new commercial developments.
The 222 Kansas Street Specific Plan will include landscaping and
maintenance requirements.
Policy LU4 -1.2
All commercial facilities shall be built and maintained in accordance
with Health and Safety Code requirements and shall meet seismic
safety regulations and environmental regulations.
The 222 Kansas Street development will be required to comply with
all current Code requirements.
Policy LU4 -1.4
New commercial developments shall meet seismic safety standards
and regulations, as well as comply with all noise, air quality, water,
and environmental regulations.
The 222 Kansas Street development will be required to comply with
all current seismic safety standards and regulations as well as
comply with all other regulations and any mitigation measures
required by the Mitigated Negative Declaration.
Objective LU4 -3 Provide for new office and research and development uses.
Policy LU4 -3.6
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 29
229
Require landscaping, its maintenance, and permanent upkeep in all
new office and mixed -use developments.
The 222 Kansas Street Specific Plan will have landscaping and
maintenance requirements.
Goal LUS: Attraction of Clean and Beneficial Industrial Uses
Retain and attract clean and environmentally safe industrial uses
that provide a stable tax base and minimize any negative impact
on the City.
Objective LU5 -1 Attract the kinds of industrial uses which will be economically
beneficial to the community as well as enhance the environmental
quality of the City.
The 222 Kansas Street Specific Plan will allow light industrial uses on
a vacant piece of property. The Specific Plan requires that the
development be built to a minimum of LEED Certified standards.
Objective LU5 -2 Encourage the construction of high - quality, well designed industrial
developments through adoption of property development
standards and provisions of community services and utilities.
Policy LU5 -2.1
New industrial developments shall provide landscaping in parking
areas and around the buildings. This landscaping is to be
permanently maintained.
The 222 Kansas Street Specific Plan will require landscaping which
will be maintained.
Policy LUS -2.2
All outdoor storage shall be properly screened by masonry walls
and landscaping.
The 222 Kansas Street Specific Plan will result in the current outdoor
overflow parking facility for Jim & Jack's auto repair to be screened
in an attractive manner
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 30
230
Policy LU5 -2.3
New industrial developments shall comply with seismic, noise, air,
water, and environmental regulations.
The 222 Kansas Street development will be required to comply with
all current regulations and applicable mitigation measures.
Policy LU5 -2.4
New industries should have good accessibility to secondary or
major transportation routes.
The 222 Kansas Street project is located in close proximity to Grand
Avenue and Sepulveda Blvd., both of which are designated as
recommended Truck Routes in the City's Circulation Element.
Objective LU5 -3 Encourage the rehabilitation of existing substandard blighted
industrial areas through the combined efforts of private and public
sectors.
Policy LU5 -3.1
Revitalize and upgrade industrial areas which contain aesthetic or
functional deficiencies in such areas as landscaping, off - street
parking, or loading areas.
The City's approval of the entitlement requests for the 222 Kansas
Street Specific Plan project will lead to development of a currently
vacant piece of property and will result in improved aesthetics in the
area due to attractively designed buildings and landscaping.
Objective LU5 -5 Establish policies and guidelines to guide light industrial
development near residential areas.
The 222 Kansas Street Specific Plan will include development
standards.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 31
231
Objective LU5 -6 Encourage a mix of office and light industrial uses in industrial
areas.
The 222 Kansas Street Specific Plan specifically allows the
development of office and industrial uses.
Goal LU7: Provision of Quality Infrastructure
Provide the highest quality public facilities, services, and public
infrastructure possible to the community.
Objective LU7-! Provide the highest and most efficient level of public services and
public infrastructure financially possible.
Policy LU7 -1.1
Continue the excellent public safety programs, including fire and
police protection, currently enjoyed by the City.
The 222 Kansas Street development will be required to pay police
and fire mitigation fees which will fund the public safety programs.
Policy LU7 -1.2
No new development shall be allowed unless adequate public
facilities are in place or provided for.
The 222 Kansas Street development will be required to install any
needed public facilities.
Policy LU7 -1.4
Storm drain and flood control facilities shall be maintained
throughout the City to protect residents and structures from an
anticipated 50 -year flood.
The 222 Kansas Street development includes an on -site retention
system.
Policy LU7 -1.5
The adequacy of library services should be monitored annually and
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 32
232
maintained.
The 222 Kansas Street project will be required to pay a Library
Service mitigation fee to help maintain the library.
Objective LU7 -2 Promote City appearance and cultural heritage programs.
Policy LU7 -2.3
All new development shall place utilities underground.
The 222 Kansas Street development shall have utilities placed
underground within the Project Site.
CIRCULATION ELEMENT
Goal C1: Provision for a Safe, Convenient, and Cost Effective Circulation System
Provide a safe, convenient, and cost- effective
circulation system to serve the present and future
circulation needs of the El Segundo Community.
Objective C -1 Provide a roadway system that accommodates the City's
existing and project land use and circulation needs.
Policy C1 -1.9
Provide all residential, commercial, and industrial areas
with efficient and safe access for emergency vehicles.
All driveways in the 222 Kansas Street Specific Plan will
be designed to allow safe access for emergency vehicles.
Policy C1 -1.14
Require a full evaluation of potential traffic impacts
associated with proposed new developments prior to
project approval. Further require the implementation of
appropriate mitigation measures prior to, or in conjunction
with, project development. Mitigation measures may
include new roadway links on segments that would
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 33 233
connect new development to the existing roadway system,
intersection improvements, and other measures.
Mitigation measures shall be provided by or paid for by
the project developer.
A traffic analysis will be required as part of the
environmental review of the 222 Kansas Street Specific
Plan project The applicant will comply with and pay for all
required mitigation measures.
Policy C1 -1.15
Pursue and protect adequate right -of -way to
accommodate future circulation system improvements.
The 222 Kansas Street development will provide for a
dedication of street frontage on Grand Avenue (t 0 feet
plus an irrevocable offer of dedication for an additional 9
feet), on Kansas Street (5 feet) and Franklin Avenue (5
feet).
Policy C1 -1.16
Encourage the widening of substandard streets and alleys
to meet City standards wherever feasible.
The 222 Kansas Street development will provide for a
dedication of street frontage on Grand Avenue (10 feet
plus an irrevocable offer of dedication for an additional 9
feet), on Kansas Street (5 feet) and Franklin Avenue (5
feet).
Goal C2: Provisions for Alternative Modes of Transportation
Provide a circulation system that incorporates
alternatives to the single- occupant vehicle, to create a
balance among travel modes based on travel needs,
costs, social values, user acceptance, and air quality
considerations.
Objective C2 -2 Provide a bikeway system throughout the City to support
and encourage the use of the bicycle as a safe and
convenient travel mode with the City's circulation system.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 34 234
Policy C2 -2.2
Encourage new development to provide facilities for
bicyclists to park and store their bicycles and provide
shower and clothes changing facilities at or close to the
bicyclist's work destination.
Bicycle racks will be provided as part of the 222 Kansas
Street development Other TDM measures may be
required depending on the size of the development.
Goal C3: Development of Circulation Policies that are Consistent with other City
Policies
Develop a balanced General Plan, coordinating the
Circulation Element with all other Elements, ensuring
that the City's decision making and planning activities
are consistent among all City departments.
Objective C3 -1 Ensure that potential circulation system impacts are
considered when the City's decision makers and staff are
evaluating land use changes.
Policy C3 -1.1
Require all new development to mitigate project - related
impacts on the existing and future circulation system such
that all Master Plan roadways and intersections are
upgraded and maintained at acceptable levels of service
through implementation of all applicable Circulation
Element policies. Mitigation measures shall be provided
by or paid for by the project developer.
A traffic analysis will be completed as part of the
environmental review for the project and the developer will
construct any needed mitigation measures. Additionally,
the developer is dedicating 10 feet along Grand Avenue
with an additional 9 feet irrevocable offer of dedication;
Grand Avenue is listed as a secondary arterial in the
City's Master Plan of Streets.
Objective C3 -2 Ensure the consideration of the impacts of land use
decisions on the City's parking situation.
Policy C3 -2.1
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 35
235
Ensure the provision of sufficient on -site parking in all new
development.
The 222 Kansas Street Specific Plan will require that
sufficient on -site parking be provided.
CONSERVATION ELEMENT
Goal CN2: Water Supply
Assist in the maintenance of a safe and sufficient water supply
and distribution system that provides for all the water needs
within the community.
Policy CN2 -5
Require new construction and development to install water -
conserving fixtures and appliances to reduce the amount of new
demand.
The development in the 222 Kansas Street Specific Plan area will
comply with all requirements of Title 24 of the Building Code which
requires water - conserving fixtures.
Policy CN2 -7
Require new construction and development to incorporate the
principles and practices of sound landscape design and
management, particularly those conserving water and energy.
The development in the 222 Kansas Street Specific Plan area will
comply with the water conservation in landscaping requirements
set forth in Chapter 10 -2 of the SSMC. Additionally, the
development will be built to LEER Certified standards.
AIR QUALITY ELEMENT
Goal AQ10: Reduction in Particulate Emissions from Paved and Unpaved Roads, Parking Lots,
and Road and Building Construction
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 36 236
Objective AQ10 -1 Control particulate emissions by paving roads and parking lots or by
adopting alternative methods to control particulates.
Policy AQ10 -1.3
It is the policy of the City of El Segundo that all new development
projects meet or exceed requirements of the South Coast Air Quality
Management District for reducing PM10 standards.
Development in the 222 Kansas Street Specific Plan will meet all
SCAQMD requirements for reducing PM 10 standards.
NOISE ELEMENT
Goal N1: Provision of a Noise -Safe Environment
Encourage a high quality environment within all parts of the City of
El Segundo where the public's health, safety, and welfare are not
adversely affected by excessive noise.
Objective N1 -1 It is the objective of the City of El Segundo to ensure that City
residents are not exposed to mobile noise levels in excess of the
interior and exterior noise standards or the single event noise
standards specified in the El Segundo Municipal Code.
Policy N1 -1.9
Require review of all new development projects in the City for
conformance with California Airport Noise Regulations and
California Noise Insulation Standards (CCR Title 24) to ensure
interior noise will not exceed acceptable levels.
Development in the 222 Kansas Street project will meet all Title 24
requirements and will not exceed acceptable levels of interior noise.
It is the objective of the City of El Segundo to ensure that City
Objective N1 -2 residents are not exposed to stationary noise levels in excess of El
Segundo's Noise Ordinance standards.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 37
237
Policy N1 -2.1
Require all new projects to meet the City's Noise Ordinance
Standards as a condition of building permit approval.
Program N1 -2.1A
Address noise impacts in all environmental documents for
discretionary approval projects, to insure that noise sources
meet City Noise Ordinance standards. These sources may
include: mechanical or electrical equipment, truck loading
areas, or outdoor speaker systems.
Program N1 -2.1C
The City shall strictly enforce the El Segundo Municipal
Code's time - dependent noise standards for stationary
sources. Two of the major sources which shall be closely
monitored are industrial facilities and construction activities.
Development in the 222 Kansas Street project will be required to
meet the City's noise ordinance standards and construction will only
be allowed during the hours set forth in the SSMC.
PUBLIC SAFETY ELEMENT
Goal PS1: Geology and Soils
Protect the public health and safety and minimize the social and
economic impacts associated with geologic hazards.
Objective PSI -1 It is the objective of the City of El Segundo to reduce exposure to
potentially hazardous geological conditions through land use
planning and project review.
Policy PS1 -1.1
Continue to review proposals for new development and for the
expansion of existing development in areas of potential geological
hazards.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 38
238
Policy PS1 -1.2
Enforce, monitor, and improve development standards which place
the responsibility on the developer, with advice from qualified
engineers and geologists, to develop and implement adequate
mitigation measures as conditions for project approval.
The environmental review process will cover the topic of geologic
hazards and impose any mitigation that may be deemed necessary.
Plans will be approved by qualified engineers.
Goal PS2: Faulting and Seismicity /Structural Hazards
Minimize injury and loss of life, property damage, and social,
cultural and economic impacts caused by earthquake hazards.
Objective PS2 -1 It is the objective of the City of El Segundo that the City promote
effective response to seismic disasters and maintenance of
structurally safe facilities.
Policy PS2 -1.1
Continue to cooperate with and support federal, state, and county
agencies in the development and enforcement of regional and local
health and safety laws and environmental controls, e.g.,
implementation of SB 547 (Alquist).
Program PS2 -1.1A
The City shall continue to enforce the Uniform Building Code.
The development of the 222 Kansas Street Specific Plan project will
comply with all requirements of the most recent edition of the
Uniform Building Code, as incorporated into the California Building
Code.
Goal PS3: Petroleum Resources /Hazardous Materials and Wastes
Reduce threats to public health and safety from hazardous
materials, especially threats induced by earthquakes and
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 39 239
accidental leaks and spills.
Objective PS3 -1 It is the objective of the City of El Segundo that the City insure safe
and prudent use of hazardous materials, and reduce the quantity of
hazardous materials handled within the City.
Goal PS6: Urban Fire Hazard
Policy PS3 -1.1
Review proposed development projects involving the use, storage,
and disposal of hazardous materials with the intent of minimizing
the probability and magnitude of a hazardous event.
An analysis of hazards and hazardous materials will be part of the
environmental review process and the developer will comply with all
mitigation measures, including those pertaining to the operation of
the temporarily capped oil well.
A fire safe community.
Objective PS6 -1 It is the objective of the City of El Segundo that the City minimize
threats to public safety and protect property from wildland and
urban fires.
Policy PS6 -1.1
Review projects and development proposals, and upgrade fire
prevention standards and mitigation measures in areas of high
urban fire hazard.
The 222 Kansas Street Specific Plan development will be built in
accordance with the most recent fire code standards.
JUNE 2012 222 KANSAS STREET SPECIFIC PLAN 40 240
CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT E
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street EXEMPT FROM RECORDER'S FEES
El Segundo, California 90245 Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO,
AND SMPO LAB, LLC
(222 KANSAS STREET SITE)
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE §65868.5
241
TABLE QE CONTENIS
242
i
:..
t.
Definitions ..................... . ...+..,.++.+..,+++....++..+ ............................... + .....+..... ............................
+ +1
2.
Recitals..., —. .....-- ...................... +.+....++...+...........,...+..,..,....................... .. . .............................
3
3.
Binding Effect ......... .... .. ...... -- ..... .. .......... -........ ............................. ............... ............................
4
3.1
Constructive Notioe and Aoceptatic .................,,......,....,+++.,++......... ..............................4
1
Rights to Transfer ....... ..... ... ........... ...................... - ........... .................... ..,,. +....
+ +..........4
3.3
Liabilities Upon Ttansfer ............................................+.,,.....,.....+.., . +.........,,................,4
4,
Development of the Property—..... .................. -- — .................................... ..............................4
4,1
Entitlement to Develop... .............. .....................++..+++..., ,..............................
+ ......,.5
4.2
Permitted Uses, Density, sleight and Dedication of Land for Public PuWes
.............5
4.3
Development Standards .......................+ .............. ,......— ..— ..................., ..... +,..............5
4 +4
Building Regulations ......— ... ..... .. ....................... .. ..... ... ... .. ................. I.— ........
,........... 5
4.5
Subsequent Rules ............................................................................. ..............................5
43
Plan Review .,.... , +..— .......................... . ......+..++.+...........+...+......... ..............................6
4.8
Fees, Exactions, Mitt atton Measures, !Conditions, Reservations and
Dedications... ......... ......... ......
4.9
Use of Easements ...... ..+ ...............................+...,........................ ..........................,,,,.
—7
4.10
'I imirng of Development....... ........... . .............+...+.....+.+.........+....+... .........,...............
+, + +.7
4.11
Moratorium ...............................................................,....................... ........ +.....................7
4.12
Infrastructure. . ............... ............+.,++...+,.---.................................... ...................,.,........8
4.13
Terns ............................... ........ ................... -- ..... ,...... ....,,............................................
4.14
Satisfaction of Mitigation Measures and Conditions .............................. .....................,9
4.15
In Lida Credits ................................................ .. ............................................ ................
9
4.15
Performance of Director Duties .................. .......................... ... ...............................
.
5.
Developer Agreements ................................................................................. ..............................9
242
i
5,2 Development Fee8- ............. ._........... ,.~.. ................. .................................................... 9
53 Processing Fefs.. ... .... .............. ~_._..~.... , ...... .......................... ......................... 9
5/4 Maintenarwe Obligations... .................................. . ...................... ._.........
.^..��.._��
5.5 Teonnf and Other Project Approvals .............................. _ ................ -......... .-J9
5�6 Sales and Use Tax ...... ........ ..____,,^~,,._____._.__..... .................... ___,1Q
6. City Agreements ........ ~_,^~_,_................ ...... , ........ ,.~~. ........ .......................... ..,- .......
0
6.1 Expedited Processing ..... ........ ,,,'~,'~~.__ .................. ...... ......... ^_-,-~,,~ .................
��
6]( PTz»ct-a/ {7m and Assistance ......... . ................ -__................... ._..~_-�%
6.3 Processing During Third Party Litigation .......... ................... ,~, .... ......... .... ............
{�
7. ................ —^~`'~''~-'~~^--- ... ..................... .......................... l2
&. Demonstration ofG�caod Faith Compliance ... ......... ............ ............... .. ................... ...... ,-~.12
8.2 Good Faith Compliance ............................. ,--.',__..-..__-_..._--_............ ..... l2
8.4 y Report .......... ........ ...........
,_-,---_._------.~-.--.__.~~.,--�2
9. Excusable . ...... -..__.__._,_._~._,,.-,^__._______...,,.,~,'.._ ............ ,,13
10. Default Ptovisjon8....._- ..... ............. ._.~'.-.._'~-....~-------_-.... . ............... _ .... K3
{01 Defauit...-.. ............ . ...... - .............. ...... ,, ...... ,.......... ___................ .... --- ~~~.13
10.2 Content 0f Notice mf Violation ---.......... - .............................. ~.......................... [3
10.3 Remedies for Breacb.~,~ --- ........ ............ ........ .__...-,_.,~,.^,~' ........ _......... ....... ,,,14
10/4 Resolution of Disputes. ._~......_._---.............................. ,_',_..~~-_......... ,14
105 ` Fm and Costs . ..--.--___-_.__-^.,__',~,.,_-.,,,~-.~~,__.__._'__��
11,1 Mortgage Not Rendered Invalid .................................................. .............................14
11,2 Request for Notice co Mortgagee... ... .......................... ,... ..........,..........,,.,,,..15
11.3 Mortgagee's Time to Cure. ........................ ......... ;.....,............... ,... ...,................,.,..,...1$
11.4 Cure Rights ........... ....................................... ............................... ............,....,........,15
11.5 Bankruptcy......... ..................................................................... ..,,,..,.,,.....,.............. .,15
1I,6 Disaffirmation ..... .......................:.. ............................... . ....... .............................15
12. Estoppel Certificate.,...... ....................................,.......,.........,.,................. .....................,.......15
13. Administration of Agreement ................................................................ ..............................1
13.1 Appeal of Determinations...... .... ......... ...... .............. ......................... 16
13.2 Operating memoranda..... .... ........................... .................. - ........ ............................ — 16
13.3 Certificate of Performance .......... .......... ......................,........ , .. ,. ..........,,...,...........,..1
14. Amendment. or Terminatiork by Mutual Consent..., .... ........................... ............................... ..17
15. Iririeirwif cation/ Defense ............................. ................................,.....,...,...... ............. ,............... 17
15.1 Inclenwification ................................. ......................
.........,.....,........ ...........,............,....17
15.2 Defense of Areernent.. ................................................................ .............................17
10. Time of Essence ........... . .... ........................... ............................... . . ...... ................,.,..,,......17
18. Notices. ............................. ............................... .................,......,..,.....,,...., ..........................,..17
19. Entire Agreement. . ......... -- ... - ........................... ....... I s
20. Waiver ................................................................. ............................... ... .............................lg
21. Severability ..,. ......,......................... . ...................................................... ..............................1
22. Relationship of the Parties ............................ .......................................... .............................18
23. No Third Party Beneficiaries... .....,... ...................... ....... ... .......... ,....... ,...., ..... ,.......... ,..........18
24. Recordation of Agreement and Amendments .......................................... .............................19
25. Cooperation Betrueen City and Developer ............. . ....... ....,..............,...,..... ,., ....... ,,. .......... 19
26. Rules of Construction ..... ............ ....... ............. ....,,........... ......... --- .... .............................. ....19
244
iii
27. Joint Preparation ..... ..............................-
28. Governing Law and Venue ........................
....... ............................... .............................19
........................... ............................... ........19
29. Counterparts.. ......... ..................... .................... -- .............. ............................. ....... _ ............. 19
30. WeekendfHoliday .Dates . ................ .............. ........ ,............ .........
.......... ...,.......,....,..,........... .1'9
31. Not a Public Dedication ............................................................................. .............................1J
32. Releases .............. .............................................................................. ............................ -20
245
iv
DEVELOPMENT AGREEMENT
This Development Agreement is made and entered into by and between the CITY OF EL
SEGUNDO ( "City "), a municipal corporation, and SMPO Lab, LLC ( "SMPO "), as of this
day of , 2012. City and SMPO are referred to hereinafter individually as "Party"
and collectively as "Parties." In consideration of the mutual covenants and agreements contained
in this Agreement, the Parties agree as follows:
1. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of words and phrases used in this Agreement:
"Agreement" means this Development Agreement between the City and the Developer.
"Applicable Rules" means:
• The El Segundo General Plan, as it existed on the Effective Date, as modified by
the Project Approvals;
• The El Segundo Municipal Code, as it existed on the Effective Date, as modified
by the Project Approvals;
• The 222 Kansas Street Specific Plan as adopted by the City Council;
• Such other laws, ordinances, rules, regulations, and official policies governing
permitted uses of the Property, density, design, improvement, development fees,
and construction standards and specifications applicable to the development of the
Property in force at the time of the Effective Date, which are not in conflict with
this Agreement.
"Approved Plans" means a plan for any aspect of the Project, including, without
limitation, the Site Plan, signage plans, and landscaping and irrigation plans, which have been
approved by City in accordance with the Development Standards, Applicable Rules and Project
Approvals.
"Building Regulations" means those regulations set forth in Title 13 of the El Segundo
Municipal Code.
"City" means the City of El Segundo and every successor in interest thereto.
"City Council" means the City Council of the City of El Segundo.
"Developer" means SMPO and every successor in interest thereto.
"Development Standards" means the design and development standards that are
applicable to the Project.
"Director" means the Director of Planning and Building Safety of the City of El Segundo.
246
"Discretionary Actions; Discretionary Approvals" means 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. The Project Approvals are included with these terms.
"Effective Date" means the date on which the Enabling Ordinance becomes effective in
accordance with Government Code § 36937.
"Enabling Ordinance" means Ordinance No. 1470, approving this Development
Agreement.
"Future Approvals" means such other discretionary and ministerial entitlements,
including permits, which are required to develop the Project in addition to the Project Approvals,
and which are applied for by Developer and approved by City.
"Minor Modification" means a minor change to the Project or Project Approvals that is
consistent with the Development Standards, Applicable Rules and Project Approvals.
"Major Modification" means a major change to the Project or Project Approvals as
defined in Section 4.6.3 of this Agreement.
"Project" means the development of the Property in accordance with the uses set forth in
the 222 Kansas Street Specific Plan and the other Project Approvals.
"Project Approvals" means:
• Final Mitigated Negative Declaration and Addendum to Mitigated Negative
Declaration (EA -959), as approved by Resolution No. 4779;
• Mitigation Monitoring Program for Final Mitigated Negative Declaration and
Addendum to Mitigated Negative Declaration, as approved by Resolution No.
4779;
• General Plan Amendment GPA 12 -01, as approved by Resolution No.4779;
• 222 Kansas Street Specific Plan SPA 12 -01, as approved by Ordinance No. 1470;
• Zone Change ZC 12 -01, as approved by Ordinance No. 1470;
• Zone Text Amendment ZTA 12 -01, as approved by Ordinance No. 1470;
• Vesting Tentative Map SUB 12 -02, as approved by Resolution No.4779;
• Site Plan Review SPR 12 -01, for the site plan contained in the 222 Kansas Street
Specific Plan; and
• Development Agreement DA 12 -01, as approved by Ordinance No. 1470.
"Person" means a natural person or any entity.
247
"Property" means that 4.83 acre property located at 222 Kansas Street in El Segundo,
California more particularly described in attached Exhibit "A," which is incorporated by
reference.
"Subsequent Rules" means any changes to the Applicable Rules, including, without
limitation, any change by means of an ordinance, initiative, resolution, policy, order or
moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council,
the Planning Commission or any other board, agency, commission or department of the City, or
any officer or employee thereof, or by the electorate, which would, absent this Agreement,
otherwise be applicable to the Property.
"Transferee" means a Person which assumes the rights and obligations under this
Agreement with respect to all or a portion of the Property.
2. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the Parties:
2.1 Pursuant to Government Code §§ 65865, et sea., City is authorized to enter into a
binding contractual agreement with any person having a legal or equitable interest in real
property for the development of such property.
2.2 Developer is the owner of the Property.
2.3 Developer desires to develop the Property in accordance with the 222 Kansas
Street Specific Plan.
2.4 By this Agreement, City desires to obtain the binding agreement of Developer to
develop the Property in accordance with the Project Approvals and Applicable Rules. In
consideration thereof, City agrees to limit the future exercise of certain of its governmental and
proprietary powers to the extent specified in this Agreement.
2.5 By this Agreement, Developer desires to obtain the binding agreement of City to
permit the development of the Property in accordance with the Project Approvals and Applicable
Rules. In consideration thereof, Developer agrees to waive its rights to challenge legally the
restrictions and obligations set forth in this Agreement.
2.6 City and Developer acknowledge and agree that the consideration that is to be
exchanged pursuant to this Agreement is fair, just and reasonable.
2.7 This Agreement is intended to provide flexible entitlements, within the
parameters set forth herein and subject to the terms and conditions hereof, to meet the changing
market demands that are likely to occur throughout the life of this Agreement.
2.8 The Project uses are consistent with the City's General Plan, as amended through
General Plan Amendment No. 12 -01.
2.9 Development of the Project will further the comprehensive planning objectives
contained within the General Plan, and will result in public benefits, including, among others, the
248
3
development of the Property with viable commercial and industrial uses as specified in Section
5.3 below.
2.10 All of the Property is subject to this Agreement.
3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the
Agreement inure to, each Party and each successive successor in interest thereto and constitute
covenants that run with the Property.
3.1 Constructive Notice and Acce tance. Every Person who acquires any right, title or
interest in or to any portion of the Property in which Developer has a legal interest is
conclusively deemed to have consented and agreed to be bound by this Agreement, whether or
not any reference to this Agreement is contained in the instrument by which such person
acquired such right, title or interest.
3.2 _Rights to Transfer. Developer may assign or transfer its rights and obligations
under this Agreement with respect to the Property, or any portion thereof, to any Transferee at
any time during the terra of this Agreement without approval of City, including through
provision of a long -term ground lease. For purposes of this Agreement, the Transferee is
considered the "owner" of that portion of the Property which is covered by such transfer.
3.3 Liabilities Upon Transfer. Upon the delegation of the duties and obligations under
this Agreement and the sale, transfer or assignment of all or any portion of the Property,
Developer will be released from its obligations under this Agreement with respect to the
Property, or portion thereof, so transferred arising subsequent to the effective date of such
transfer, if. (i) Developer has provided to City prior or subsequent written notice of such transfer;
and (ii) Transferee has agreed in writing to be subject to all of the provisions hereof applicable to
the portion of the Property so transferred by executing an Assignment and Assumption
Agreement in the form of attached Exhibit `B." Upon any transfer of any portion of the
Property and the express assumption of Developer's obligations under this Agreement by such
Transferee, City agrees to look solely to Transferee for compliance by such Transferee with the
provisions of this Agreement as such provisions relate to the portion of the Property acquired by
such Transferee. Any such Transferee is entitled to the benefits of this Agreement as
"Developer" and is subject to the obligations of this Agreement applicable to the parcel(s)
transferred. A default by any Transferee only affects that portion of the Property owned by such
Transferee and does not cancel or diminish in any way Developer's rights with respect to any
portion of the Property not owned by such Transferee. Transferees are responsible for satisfying
the good faith compliance requirements set forth in Section 8 below relating to the portion of the
Property owned by a Transferee, and any amendment to this Agreement between the City and a
Transferee only affects the portion of the Property owned by such Transferee.
3.4 Reassumption of Rights. If Transferee defaults with respect to any provision of
this Agreement, Developer may reassume Transferee's obligations upon written notification to
City.
4. Development of the Property. The following provisions govern the development and use
of the Property.
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4.1 Entitlement to Develop. Developer is granted the vested right to develop the
Project on the Property subject to the Applicable Rules, the Project Approvals and any Future
Approvals.
42 Permitted Uses Density, Height and Dedication of Land for Public Pu oses. The
permitted and conditionally permitted uses of the Property as well as the density or intensity of
use, the maximum height and size of buildings and provisions for reservation or dedication of
land for public purposes are set forth in the Project Approvals and Applicable Rules.
4.3 Development Standards. The Development Standards applicable to the Property
are set forth in the Project Approvals and Applicable Rules.
4.4 Building Regulations. Nothing in this Agreement precludes City from applying
changes occurring from time to time in the Building Regulations, provided that such changes (a)
are found by City to be necessary to the health or safety of the citizens of the City, (b) are
generally applicable to all similar types of property in the City, and (c) do not prevent or
unreasonably delay development of the Project in accordance with this Agreement.
4.5 Subsequent Rules. Subsequent Rules cannot be applied by City to any part of the
Property unless Developer gives City written notice of its election to have such Subsequent Rule
applied to the Property, in which case such subsequent change is deemed to be an Applicable
Rule.
4.6 Future Approvals.
4.61 Minor Modifications to Project. Developer may make minor changes to the
Project and Project Approvals ( "Minor Modifications ") without amending this Agreement upon
the administrative approval of the Director or designee, provided that such modifications are
consistent with the Development Standards, Applicable Rules and Project Approvals. The City
cannot unreasonably withhold or delay approval of any Minor Modification. The City has the
right to impose reasonable conditions in connection with Minor Modifications, provided,
however, such conditions cannot: (i) be inconsistent with the Applicable Rules, the Project
Approvals or with the development of the Project as contemplated by this Agreement; (ii)
directly or indirectly, unreasonably hinder, delay, impede, obstruct, interfere with, or place
unreasonably burdensome or restrictive measures or requirements upon development of the
Project or the Property or any portion thereof; or (iii) impose additional dedications,
infrastructure or public improvement obligations, fees, costs or exactions exceeding those
identified in the Applicable Rules, the Project Approvals, or this Agreement.
4.6.2 Modification of Project A rovals. The Parties contemplate that Developer
may, from time to time, pursuant to Section 4.6.1 seek Minor Modifications to the Project or one
or more of the Project Approvals. Any such Minor Modifications are contemplated by the Parties
as being within the scope of this Agreement as long as they are authorized pursuant to this
Section 4.6.2 and must, upon approval by City, continue to constitute the Project Approvals as
referenced herein. The Parties agree that any such amendments do not constitute an amendment
to this Agreement nor require an amendment to this Agreement.
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4.6.3 Modifications Requiring Amendment to this Agreement. Any proposed
modification to the Project which is not authorized by Section 4.6.2 and results in any of the
following does not constitute a Minor Modification but constitutes a Major Modification and
requires an amendment to this Agreement pursuant to Section 14 below:
(a) Any decrease in the required building setbacks as set forth in the
222 Kansas Street Specific Plan;
(b) Any increase in the FAR of the entire Property as set forth in the
222 Kansas Street Specific Plan;
(c) Any increase in height of buildings or structures on the Property
above the height specified in the 222 Kansas Street Specific Plan;
(d) Any decrease in the minimum required lot area as set forth in the
222 Kansas Street Specific Plan;
(e) Any change in use to a use which is not permitted under the 222
Kansas Street Specific Plan;
(f) Any deviation from the uses and development standards or
limitations set forth in Sections 4.1 through Section 4.3 of this Agreement, except to the extent
these Sections specifically provide for the Council or the Director to approve of such changes;
(g) Any material modification to Developer's obligation to build to
LEED certification standards and provide certification for non - governmental buildings for the
Project or such equivalent standard as approved by the Director; or
(h) Any material modification that requires modification to the MND,
other than an Addendum.
0) Other than the Major Modifications listed above, all other
modifications to the Project are considered "Minor Modifications."
4.6.4 Site Plan Review Ap r� oval. The Site Plan Review which must be
submitted pursuant to the Specific Plan is not considered a Minor Modification to the Project or
modification to the Project Approvals, provided it substantially conforms to the development
standards of the 222 Kansas Street Specific Plan, and must be processed in accordance with the
provisions set forth in the Specific Plan.
4.7 Plan Review. The Director will review site plans as well as plans for each
building, signage, trash enclosures, screening and landscaping. After such review, the Director
may issue a building permit, provided, however, that, notwithstanding anything to the contrary
contained in the Applicable Rules, the sole purpose of such review is to verify consistency with
the Development Standards, Applicable Rules and Project Approvals. The Director must approve
all features which are consistent with the Development Standards, Applicable Rules, Project
Approvals, and Future Approvals and does not have authority to disapprove or conditionally
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approve any features or matters which are consistent with or otherwise which have been
specifically approved by this Agreement.
4.8 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications.
All fees, exactions, mitigation measures, conditions, reservations and dedications of land for
public purposes that are applicable to the Project or the Property are set forth in the Project
Approvals, the Applicable Rules and this Agreement. Except as otherwise provided in this
Agreement, and specifically excluding fees set by entities not controlled by City that are
collected by City, City can only charge and impose those fees and exactions, including, without
limitation, dedications and any other fee or tax (including excise, construction or any other tax)
relating to development or the privilege of developing, which are in effect on a City -wide basis
as of the Effective Date. This Section cannot be construed to limit the authority of City to charge
normal and customary application, processing, and permit fees for land use approvals, building
permits and other similar permits, for Future Approvals, which fees are designed to reimburse
City's actual expenses attributable to such application, processing and permitting and are in force
and effect on a City -wide basis at such time as applications for such approvals are filed with
City.
4.9 Use of Easements. Notwithstanding the provisions of the Applicable Rules,
easements dedicated for vehicular and pedestrian use are permitted to include easements for
underground drainage, water, sewer, gas, electricity, telephone, cable, environmental remediation
and other utilities and facilities so long as they do not unreasonably interfere with pedestrian
and/or vehicular use.
4.10 Timing of Development. In Pardee Construction Co. v. City of Camarillo
(Pardee), 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties
therein to provide for the timing or rate of development resulted in a later- adopted initiative
restricting the rate of development to prevail against the parties' agreement. City and Developer
intend to avoid the result in Pardee by acknowledging and providing that Developer has the right,
without obligation, to develop the Property in such order and at such rate and times as Developer
deems appropriate within the exercise of its subjective business judgment subject to the term of
this Agreement.
In furtherance of the Parties' intent, as set forth in this Section, no future amendment of
any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the sequencing
of development phases, whether adopted or imposed by the City Council or through the initiative
or referendum process, applies to the Property. However, nothing in this Section may 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.
4.11 Moratorium. No City - imposed moratorium or other limitation (whether relating to
the rate, timing or sequencing of the development or construction of all or any part of the
Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and
whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting
parcel or subdivision maps (whether tentative, vesting tentative or final), building permits,
occupancy certificates or other entitlements to use or service (including, without limitation, water
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and sewer) approved, issued or granted within City, or portions of City, applies to the Property to
the extent such moratorium or other limitation is in conflict with this Agreement. However, the
provisions of this Section do not affect City's compliance with moratoria or other limitations
mandated by other governmental agencies or court- imposed moratoria or other limitations.
4.12 Infrastructure.
4.12.1 Infrastructure Capacity. Subject to Developer's installation of
infrastructure in accordance with the requirements of the Project Approvals and any Future
Approvals, City acknowledges that it will have sufficient capacity in its infrastructure, services
and utility systems, including, without limitation, traffic circulation, storm drainage, flood
control, electric service, sewer collection, sewer treatment, sanitation service and, except for
reasons beyond City's control, water supply, treatment, distribution and service, to accommodate
the Project. To the extent that City renders such services or provides such utilities, City agrees
that it will serve the Project and that there is no restriction on hookups or service for the Project
except for reasons beyond City's control.
4.12.2 Infrastructure Phasing Flexibility. Notwithstanding the provisions of any
phasing requirements in the Project Approvals or any Future Approvals, Developer and City
recognize that economic and market conditions may necessitate changing the order in which the
infrastructure is constructed. Therefore, City and Developer agree that should it become
necessary or desirable to develop any portion of the Project's infrastructure in an order that
differs from the order set forth in this Agreement, Developer and City will collaborate and City
will permit any modification requested by Developer so long as the modification continues to
ensure adequate infrastructure is available to serve that portion of the Project being developed
and is in compliance with Section 4.14 of this Agreement.
4.12.3 Infrastructure Completion. No building permit, final inspection or
Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed by City if all
infrastructure required to serve the portion of the Property covered by the building permit, final
inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by
covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City before
completion of construction and all of the other relevant provisions of the Project Approvals and
any Future Approvals are satisfied.
4.12.4 Prevailing Wages. In the event any infrastructure improvements are paid
for in whole or in part out of public funds, as contemplated by Labor Code § 1720, Developer
agrees to pay prevailing wages for the construction of such improvements to the extent required
by Applicable Law.
4.13 Term. The term of this Agreement is ten (10) years from the Effective Date.
However, Developer or City is entitled to, by written notice to the other Party before the
Agreement's expiration, one (1) five (5) -year extension, provided that the requesting Party is not
in material default of this Agreement at such time. Before the expiration of such five (5) -year
extension, the Parties may mutually agree to further extensions. In the event of litigation
challenging this Agreement, the Term is automatically suspended for the duration of such
litigation and resumes upon final disposition of such challenge and any appeal thereof upholding
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the validity of this Agreement. In the event that a referendum petition concerning this
Agreement is duly filed in such a manner that the ordinance approving this Agreement is
suspended, then the Term is deemed to commence upon City Council certification of the results
of the referendum election approving this Agreement.
4.14 Satisfaction of Mitigation Measures and Conditions. In the event that any of the
mitigation measures or conditions required of Developer are implemented by others, Developer
is conclusively deemed to have satisfied such mitigation measures or conditions, consistent with
CEQA. If any such mitigation measures or conditions are rejected by a governmental agency
with jurisdiction, Developer may implement reasonably equivalent substitute mitigation,
consistent with CEQA, to the City's satisfaction, in lieu of the rejected mitigation measures or
conditions. Such substitution is deemed to be a Minor Modification pursuant to Section 4.6
above.
4.15 In Lieu Credits. Developer is granted in lieu credits for any off -site improvements
relating to street improvements or traffic measures which Developer may be required to
construct as part of this Project.
4.16 Performance of Director Duties. If City determines at any time during the term of
this Agreement that the duties to be performed by the Director under this Agreement will be
performed by one or more staff members other than the Director, City will endeavor to notify
Developer of such change. The City must ensure that a person or persons are designated at all
times to carry out the duties of the Planning and Building Safety Director set forth in this
Agreement.
5. Developer Agreements
5.1 General. Developer must comply with: (i) this Agreement; (ii) the Project
Approvals including, without limitation, all mitigation measures required by the determination
made pursuant to CEQA; and (iii) all Future Approvals for which it is the applicant or a
successor in interest to the applicant.
5.2 Development Fees. Subject to the provisions of Section 4.8 above, Developer
must pay the development fee amounts identified in attached Exhibit "C," which is incorporated
by reference.
5.3 Processing Fees. Subject to the provisions of Section 4.8 above, on the Effective
Date of this Agreement, Developer must pay all reasonable and outstanding City processing,
legal and environmental processing costs related to the Project and the preparation of this
Agreement, if any.
5.4 Maintenance Obligations. Developer must maintain all portions of the Property in
its possession or control, and any improvements thereon, in a clean, neat and orderly manner.
Developer's maintenance obligations survive any termination or expiration of this Agreement.
5.5 Term of Map(s) and Other Project Approvals. Pursuant to Government Code §§
66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future
may be processed on all or any portion of the Property and the term of each of the Project
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Approvals will be extended for a period of time through the scheduled termination date of this
Agreement as set forth in Section 4.13 above.
5.6 Sales and Use Tax.
5.6.1 In the event the contract price for any work on the Project is valued at five
million dollars ($5,000,000) or more, Developer agrees to report, on a State Board of
Equalization Tax Return, any purchases of tangible personal property made in connection with
the finishing of and/or installation of materials, or fixtures for the Project, when such purchases
were made without sales or use tax due. Developer must indicate the City as a registered job site
location on the State Board of Equalization Tax Return. In such event, Developer must also
obtain a permit or a sub - permit from the State Board of Equalization indicating the City as the
registered job site location, in accordance with State Board of Equalization Operations
Memorandum No. 1023.
5.6.2 Developer further agrees that if Developer retains contractors or
subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are
valued at five million dollars ($5,000,000) or more, said contracts or subcontracts must contain
the provisions set forth in Section 5.6.1 above.
5.6.3 The Director of Finance is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.6
upon proof to the reasonable satisfaction of the Director of Finance that Developer and/or its
contractors or subcontractors have made good faith efforts to obtain said permit or sub - permits,
but were denied the same by the State Board of Equalization.
5.7 In Lieu Payment for USDA Facility
5.7.1 Within 10 days of the Effective Date, SMPO must deposit an initial
$225,000 with the City in lieu of the taxes. SMPO must deposit an additional $225,000 with the
City in lieu of the taxes before the City issues a Certificate of Occupancy for any building.
5.7.2 City must reimburse $25,000 of the deposit to SMPO within 30 days of
the completion of the overflow parking and storage for the lot at 1600 East Grand Avenue
subject to review and approval of the landscaping and screening plan by the Director of Planning
and Building Safety consistent with the materials used at the adjacent MEPS site at 1776 East
Grand Avenue as approved by City Council Resolution No. 4559 and Ordinance No. 1419 for
Environmental Assessment No. EA 769, Zone Change ZC 07 -01, Specific Plan Amendment No.
SPA 08 -02, and Smoky Hollow Specific Plan Review No. SHSPR 07 -04.
5.7.3 City must reimburse $25,000 of the deposit to SMPO if it issues a building
permit for the northerly 1.41 acres in accordance with the Specific Plan and Site Plan Review
approval within 24 months of the effective date of the adopted Specific Plan. City must
reimburse SMPO within 30 days after issuing a building permit.
5.7.4 If for some reason the USDA facility is not developed or does not become
operational and a non - exempt use utilizes the southerly portion of the Property, the entire deposit
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of $450,000 must be returned to SMPO within 30 days of SMPO informing the City by written
notification of such occurrence.
5.8 LEED Certification. Developer's Project must be, at a minimum, built to LEED
Certified standards in compliance with the U.S. Green Building Council standards in effect as of
the Effective Date, or such equivalent standard as determined by the Director. Actual LEED
certification is not required, however, the applicant must demonstrate that the project is built to a
minimum of LEED certified standard or such other equivalent standard using the GBCI
scorecard prepared by a qualified professional with a LEED AP credential. The City can require
peer review of the LEED report and GBCI scorecard by a qualified professional with a LEED
AP credential hired by the City at the applicant's expense to advise the Director of Planning and
Building Safety in his or her determination. Additionally, the City can require inspections for
grading, site improvements, and buildings for the project by a qualified professional with a
LEED AP credential to verify that the project has been constructed in compliance with the LEED
report and GBCI scorecard to advise the Director of Planning and Building Safety in his or her
determination.
6. Citv Agreements
6.1 Expedited Processing The City must process in an expedited manner all plan
checking, excavation, grading, building, encroachment and street improvement permits,
Certificates of Occupancy, utility connection authorizations, and other ministerial permits or
approvals necessary, convenient or appropriate for the grading, excavation, construction,
development, improvement, use and occupancy of the Project in accordance with City's
accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if
requested by Developer, City agrees to utilize private planners and plan checkers (upon
Developer's request and at Developer's cost) and any other available means to expedite the
processing of Project applications, including concurrent processing of such applications by
various City departments.
6.2 Processing Cooperation and Assistance. To the extent permitted by law, City must
reasonably cooperate with Developer in securing any and all entitlements, authorizations,
permits or approvals which may be required by any other governmental or quasi - governmental
entity in connection with the development of the Project or the Property. Without limiting the
foregoing, City must reasonably cooperate with the Developer in any dealings with federal, state
and other local governmental and quasi - governmental entities concerning issues affecting the
Property. City must keep Developer fully informed with respect to its communications with such
agencies which could impact the development of the Property.
6.3 Processing During Third Party Litigation. The filing of any third party lawsuit(s)
against City or Developer relating to this Agreement, the Project Approvals, any Future
Approvals or to other development issues affecting any portion of the Property or the Project will
not hinder, delay or stop the development, processing or construction of the Project, approval of
applications for any Future Approvals, or issuance of ministerial permits or approvals, unless the
third party obtains a court order preventing the activity. City does not stipulate to or cooperate in
the issuance of any such order.
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7. Modification/Suspension. Pursuant to Government Code § 65869.5, in the event that any
state or federal law or regulation, enacted after the Effective Date, precludes compliance with
any provision of this Agreement, such provision will be deemed modified or suspended to the
extent practicable to comply with such state or federal law or regulation, as reasonably
determined necessary by City. Upon repeal of said law or regulation or the occurrence of any
other event removing the effect thereof upon the Agreement, the provisions hereof will be
restored to their full original effect.
8. Demonstration of Good Faith Compliance.
8.1 Review of Compliance. In accordance with Government Code § 65865.1, this
Section 8 and the Applicable Rules, once each year, on or before each anniversary of the
Effective Date ( "Periodic Review "), the Director will review the extent of Developer's good
faith substantial compliance with the terms and provisions of this Agreement as well as the
performance by the City of its obligations under this Agreement.
8.2 Good_ Faith Compliance. During each Periodic Review, Developer must
demonstrate that, during the preceding twelve (12) month period, it has been in good faith
compliance with this Agreement. For purposes of this Agreement, the phrase "good faith
compliance" means that Developer has demonstrated that it acted in a commercially reasonable
manner (taking into account the circumstances which then exist) and in good faith in and has
substantially complied with Developer's material obligations under this Agreement.
8.3 Information to be Provided to Developer. At least fourteen (14) days before the
annual Effective Date the City must deliver to Developer a copy of all staff reports prepared in
connection with a Periodic Review, any prior staff reports generated during the review period,
written comments from the public and, to the extent practical, all related exhibits concerning
such Periodic Review
8.4 Developer's Report. No later than the annual Effective Date, Developer must
submit a written status report to the Director addressing the good faith compliance issue and any
issues raised by the Information provided to Developer.
8.5 Notice Of Non -Com liance-, Cure Ri hts. If, after reviewing the Developer's
Report, the Director reasonably concludes on the basis of substantial evidence that as to any
parcel or parcels comprising the Property Developer has not demonstrated that it is in good faith
compliance with this Agreement, the Director may issue and deliver to Developer a written
Notice of Violation as set forth in Section 10 below.
8.6 Public Notice of Finding. Any appeal of the Director's determination (including
any appeal by Developer) must be filed within twenty (20) days following such decision. Filing
such an appeal tolls the cure period specified in the Notice of Violation. Notwithstanding section
13. 1, an appeal regarding the Notice of Violation must be heard directly by the City Council at a
duly- noticed public hearing and the City Council must issue a final decision. Not in limitation of
the forgoing, Developer retains the right to challenge City's issuance of any final decision
pursuant to Code of Civil Procedure § 1094.5 without complying with the procedures set forth in
Section 10.4 below.
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8.7 Failure of Periodic Review. The City's failure to review, at least annually,
compliance by Developer with the terms and conditions of this Agreement does not constitute
nor can it be asserted by any Party as a breach by any other Party of this Agreement. If the City
fails to provide a Review Letter within sixty (60) days of the annual Effective Date, Developer
will be deemed to be in good faith compliance with this Agreement.
9. Excusable Delays. Performance by any Party of its obligations in this Agreement is
excused during any period of "Excusable Delay," as defined, provided that the Party claiming the
delay gives notice of the delay to the other Party as soon as reasonably possible after the same
has been ascertained. For purposes hereof, Excusable Delay means delay that directly affects,
and is beyond the reasonable control of, the Party claiming the delay, including without
limitation: (a) civil commotion; (b) riot; (c) strike, picketing or other labor dispute; (d) shortage
of materials or supplies; (e) damage to work in progress or delays by reason of fire, flood,
including flood due to rains, earthquake, windstorm, or other casualty; (f) reasonably
unforeseeable delay caused by a reasonably unforeseeable restriction imposed or mandated by a
governmental entity other than City; (g) litigation brought by a third party attacking the validity
of a Project Approval, a Future Approval or any other action necessary for development of the
Property; (h) delays caused by any default by the other Party; or (i) delays due to the presence or
remediation of hazardous materials. The Term of this Agreement, including any extensions, will
automatically be extended by any period of Excusable Delay.
10. Default Provisions.
10.1 Default. Any Party to this Agreement will have breached this Agreement if it
materially breaches any of the provisions of this Agreement and the same is not cured within the
time set forth in a written notice of violation (the "Notice of Violation ") from the non - breaching
Party to the breaching Party, which period of time is not less than ten (10) days for monetary
defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice
is deemed received, provided if the breaching Party cannot reasonably cure a non - monetary
default within the time set forth in the notice, then the breaching Party will not be in default if it
commences to cure the default within such time limit and diligently effects such cure thereafter.
If City determines that a default may have occurred, City may choose to terminate this
Agreement as to that portion of the Property owned by the Developer in default in which case it
must give written notice to Developer of its intention to terminate and comply with the notice
and public hearing requirements of Government Code §§ 65867 and 65868. Notice must also be
sent to any other Developer that owns Property subject to this Agreement. At the time and place
set for the hearing on termination, Developer will be given an opportunity to be heard. If the City
Council finds based upon the evidence that Developer is in breach of this Agreement, the City
Council may modify or terminate this Agreement; provided, however, if Developer initiates a
resolution of dispute in accordance with the provisions of Section 10.4 below within sixty (60)
days following the City Council's determination that Developer is in breach of this Agreement,
the City Council's decision to modify or terminate this Agreement is stayed until the issue has
been resolved through informal procedures, mediation, or court proceedings.
10.2 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, (including references to the pertinent provisions of this Agreement), the portion of the
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Property involved, and the manner in which the breach may be satisfactorily cured. Notice must
be given in accordance with Section 18 hereof.
10.3 Remedies for Breach. The Parties agree that the remedies for breach of this
Agreement are limited to the remedies expressly set forth in this subsection. The remedies for
breach of this Agreement by Developer are limited to injunctive relief and/or specific
performance; the remedies by City are limited to injunctive relief and/or specific performance, or
termination of this Agreement in accordance with Section 10.1 above.
10.4 Resolution of Disputes.
City and Developer agree to attempt to settle any claim, dispute or controversy
arising from this Agreement through consultation and negotiation in good faith and in a spirit of
mutual cooperation. If those attempts fail, the dispute may be mediated by a mediator chosen
jointly by City and Developer within thirty (30) days after notice by one of the parties
demanding non - binding mediation. Neither party may unreasonably withhold consent to the
selection of a mediator, and City and Developer will share the cost of the mediation equally. The
parties may agree to engage in some other form of non - binding alternate dispute resolution
( "ADR ") procedure in lieu of mediation. Any dispute that cannot be resolved between the parties
through negotiation or mediation within two months after the date of the initial demand for non-
binding mediation may then be submitted to a court of competent jurisdiction in the County of
Los Angeles, California.
10.5 Attorneys' Fees and Costs.
Each party to this Agreement agrees to waive any entitlement of attorneys' fees
and costs incurred with respect to any dispute arising from this Agreement. The parties will each
bear their own attorneys' fees and costs in the event of any dispute.
11. Mortgag a Protection. This Agreement does not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or
any improvements thereon by any mortgage, deed of trust or other security device. City
acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain
Agreement interpretations and agrees, upon request, from time to time, to meet with Developer
and representatives of such lender(s) to provide within a reasonable time period City's response
to such requested interpretations. City will not unreasonably withhold its consent to any such
requested interpretation, provided that such interpretation is consistent with the intent and
purposes of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a deed of trust or
any successor or assign thereof including, without limitation, the purchaser at a judicial or non -
judicial foreclosure sale or a person or entity who obtains title by deed -in -lieu of foreclosure on
the Property is entitled to the following rights and privileges:
11.1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a
breach of this Agreement will defeat, render invalid, diminish, or impair the priority of the lien
of any mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee
has an obligation or duty under this Agreement to perform Developer's obligations, or to
guarantee such performance, before taking title to all or a portion of the Property.
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11.2 Request for Notice to Mort a ee. The Mortgagee of any mortgage or deed of trust
encumbering the Property, or any part thereof, who has submitted a request in writing to the City
in the manner specified herein for giving notices, is entitled to receive a copy of any Notice of
Violation delivered to the Developer.
11.3 Mortgagee's Time to Cure. City must provide a copy of any Notice of Violation
to the Mortgagee within ten (10) days of sending the Notice of Violation to Developer. The
Mortgagee has the right, but not the obligation, to cure the default for a period of thirty (30) days
after receipt of such Notice of Violation or such longer period of time as may be specified in the
Notice. Notwithstanding the foregoing, if such default is a default which can only be remedied
by such Mortgagee obtaining possession of a Property, or any portion thereof, and such
Mortgagee seeks to obtain possession, such Mortgagee has until thirty (30) days after the date of
obtaining such possession to cure or, if such default cannot reasonably be cured within such
period, to commence to cure such default, provided that such default is cured no later than one
(1) year after Mortgagee obtains such possession.
11.4 Cure Rights. Any Mortgagee who takes title to all of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure,
will succeed to the rights and obligations of Developer under this Agreement as to the Property
or portion thereof so acquired; provided, however, in no event is such Mortgagee liable for any
defaults or monetary obligations of Developer arising before acquisition of title to the Property
by such Mortgagee, except that any such Mortgagee is not entitled to a building permit or
occupancy certificate until all delinquent and current fees and other monetary or non - monetary
obligations due under this Agreement for the Property, or portion thereof acquired by such
Mortgagee, have been satisfied.
11.5 Bankruptcy. If any Mortgagee is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings in the nature of foreclosure by any process or
injunction issued by any court or by reason of any action by any court having jurisdiction of any
bankruptcy or insolvency proceedings involving Developer, the times specified in Section 11.3
above will be extended for the period of the prohibition, except that any such extension cannot
extend the term of this Agreement.
11.6 Disaffirmation. If this Agreement is terminated as to any portion of the Property
by reason of (i) any default or (ii) as a result of a bankruptcy proceeding, this Agreement is
disaffirmed by a receiver, liquidator, or trustee for Developer or its property, City, if requested
by any Mortgagee, will negotiate in good faith with such Mortgagee for a new development
agreement for the Project as to such portion of the Property with the most senior Mortgagee
requesting such new agreement. This agreement does not require any Mortgagee or the City to
enter into a new development agreement pursuant to this Section.
12. Estoppel Certificate. At any time and from time to time, Developer may deliver written
notice to City and City may deliver written notice to Developer requesting that such Party certify
in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and
effect and a binding obligation of the Parties; (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
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must execute and return the certificate within twenty -one (21) days following receipt of the
notice. The failure of City to deliver such a written notice within such time constitutes a
conclusive presumption against City that, except as may be represented by Developer, this
Agreement is in full force and effect without modification, and that there are no uncured defaults
in the performance of the Developer. The Director is authorized to execute, on behalf of City,
any Estoppel Certificate requested by Developer. City acknowledges that a certificate may be
relied upon by successors in interest to Developer who requested the certificate and by holders of
record of deeds of trust on the portion of the Property in which that Developer has a legal
interest.
13. Administration of Agreement.
13.1 peal of Determinations. Any decision by City staff concerning the
interpretation or administration of this Agreement or development of the Property in accordance
herewith may be appealed by Developer to the Planning Commission, and thereafter, if
necessary, to the City Council pursuant to the El Segundo Municipal Code. Developer cannot
seek judicial review of any staff decision without first having exhausted its remedies pursuant to
this Agreement. Final determinations by the City Council are subject to judicial review subject to
the restrictions and limitations of California law.
13.2 Operating Memoranda. The provisions of this Agreement require a close degree
of cooperation between City and Developer. During the Term of this Agreement, clarifications to
this Agreement and the Applicable Rules may be appropriate with respect to the details of
performance of City and Developer. If and when, from time to time, during the terms of this
Agreement, City and Developer agree that such clarifications are necessary or appropriate, they
will effectuate such clarification through Operating Memoranda approved in writing by City and
Developer, which, after execution, will be attached hereto and become part of this Agreement
and the same may be further clarified from time to time as necessary with future written approval
by City and Developer. Operating Memoranda are not intended to and do not constitute an
amendment to this Agreement but are mere ministerial clarifications, therefore public notices and
hearings are not required. The City Attorney is authorized, upon consultation with, and approval
of, the Developer, to determine whether a requested clarification may be effectuated pursuant to
this Section or whether the requested clarification is of such character to constitute an
amendment hereof which requires compliance with the provisions of Section 14 below. The
authority to enter into such Operating Memoranda is hereby delegated to the Director, and the
Director is hereby authorized to execute any Operating Memoranda hereunder without further
City Council action.
13.3 Certificate of Performance. Upon the completion of the Project, or the completion
of development of any parcel within the Project, or upon completion of performance of this
Agreement or its earlier revocation and termination, City must provide Developer, upon
Developer's request, with a statement ( "Certificate of Performance') evidencing said completion
or revocation and the release of Developer from further obligations hereunder, except for any
ongoing obligations hereunder. The Certificate of Performance must be signed by the appropriate
agents of Developer and City and be recorded in the official records of Los Angeles County,
California. Such Certificate of Performance is not a notice of completion as referred to in Civil
Code § 3093.
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14. Amendment or Termination by Mutual Consent. Except as otherwise set forth herein, this
Agreement may only be amended or terminated, in whole or in part, by mutual consent of City
and Developer, and upon compliance with the provisions of Government Code §§ 65867 and
65867.5.
15, Indemnification/Defense.
15.1 Indemnification. Developer 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 Project, this Agreement, Developer's
performance of this Agreement, and all procedures with approving this Agreement (collectively,
"Discretionary Approvals "), except to the extent such is a result of the City's sole negligence or
intentional misconduct. 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
Discretionary Approvals, Developer 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.
15.2 Defense of Agreement. If City accepts Developer's indemnification and defense
as provided in Section 15.1 above, City agrees to and must timely take all actions which are
necessary or required to uphold the validity and enforceability of this Agreement, the
Discretionary Approvals, Project Approvals, Development Standards and the Applicable Rules.
This Section 15 will survive the termination of this Agreement.
16. Time of Essence. Time is of the essence for each provision of this Agreement of which
time is an element.
17. Effective Date. This Agreement becomes operative on the Effective Date.
18. Notices. Any notice that a party is required or may desire to give the other must be in
writing and may be sent by: i) personal delivery; or ii) by deposit in the United States mail,
postage paid, registered or certified mail, return receipt requested; or iii) by overnight delivery
using a nationally recognized overnight courier, providing proof of delivery; or iv) by facsimile,
evidenced by confirmed receipt, addressed as follows (subject to the right of a party to designate
a different address for itself by notice similarly given):
If to City: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Manager
With a Copy to: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Director of Planning and Building Safety
With a Copy to: Jenkins & Hogin, LLP
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1230 Rosecrans Ave, Suite 110
Manhattan Beach, California 90266
Attention: Mark D. Hensley, Esq.
If to SMPO: SMPO Labs, LLC
5858 Ridgeway Center Parkway
Memphis, Tennessee 38120
Attention: Steve Williams
Any notice given by mail is deemed to have been given as of the date of delivery (whether
accepted or refused) established by United States Post Office, return receipt, or the overnight
carrier's proof of delivery, as the case may be. Notices given in any other manner are effective
only if and when received by the party to be notified between the hours of 8:00 a.m. and 5:00
p.m., local time of the recipient, of any business day with delivery made after such hours deemed
received the following business day. A party's address may be changed by written notice to the
other party effective upon actual receipt of such notice. After a transfer of all or a portion of the
Property pursuant to Sections 3.2 and 3.3, District must be copied on all correspondence whether
by City or Transferee relating to such transferred property.
19. Entire Agreement. This Agreement contains the entire agreement between the Parties
regarding the subject matter hereof, and supersedes in its entirety all prior agreements or
understandings, oral or written. This Agreement cannot be amended, except as expressly
provided herein
20. 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.
21. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement is effective to the
extent the remaining provisions are not rendered impractical to perform, taking into
consideration the purposes of this Agreement.
22. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an agent of any
other Party in any respect. Nothing contained herein or in any document executed in connection
herewith 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.
23. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
benefit of the Parties and their successors in interest. No other person or party has any right of
action based upon any provision of this Agreement.
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24. Recordation of Agreement and Amendments. This Agreement and any amendment
thereof must be recorded with the County Recorder of the County of Los Angeles by the City
Clerk of City.
25. Cooperation Between City and Developer. City and Developer will execute and deliver to
the other all such other and further instruments and documents as may be reasonably necessary
to carry out the purposes of this Agreement. Upon satisfactory performance by Developer, and
subject to the continuing cooperation of the Developer, City will commence and in a timely
manner proceed to complete all steps necessary for the implementation of this Agreement and
development of the Project or Property in accordance with the terms of this Agreement.
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 part of this
Agreement for any other purpose or affect interpretation of the Agreement. Should any provision
of this Agreement be found to be in conflict with any provision of the Applicable Rules or the
Project Approvals or any Future Approvals, the provisions of this Agreement control.
27. 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.
28. 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.
29. 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.
30. Weekend/Holiday Dates. Whenever any determination is to be made or action to be taken
on a date specified in this Agreement, if such date falls upon a Saturday, Sunday or other holiday
specified in Government Code § 6700, the date for such determination or action will be extended
to the first business day immediately thereafter.
31. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein
contained is a gift or dedication of the Property, or of the Project, or any portion thereof, to the
general public, for the general public, or for any public use or purpose whatsoever, it being the
intention and understanding of the Parties that this Agreement be strictly limited to and for the
purposes herein expressed for the development of the Project as private property. Developer has
the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof,
including common areas and buildings and improvements located thereon, by any person for any
purpose which is not consistent with the development of the Project. Any portion of the Property
conveyed to the City by the Developer as provided herein can be held and used by the City only
for the purposes contemplated herein or otherwise provided in such conveyance, and the City
will not take or permit to be taken (if within the power or authority of the City) any action or
activity with respect to such portion of the Property that would deprive the Developer of the
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material benefits of this Agreement, or would in any manner interfere with the development of
the Project as contemplated by this Agreement.
32. Releases. City agrees that upon written request of Developer and payment of all fees and
performance of the requirements and conditions required by Developer by this Agreement, the
City must execute and deliver to Developer appropriate release(s) of further obligations imposed
by this Agreement in form and substance acceptable to the Los Angeles County Recorder's
Office or as otherwise may be necessary to effect the release.
33. Consent. Where the consent or approval of City or Developer is required or necessary
under this Agreement, the consent or approval will not be unreasonably withheld, delayed or
conditioned.
34. Exhibits. All exhibits attached hereto are incorporated by this reference.
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development
Agreement on the date first above written.
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
:
Mark D. Hensley, City Attorney
CITY:
CITY OF EL SEGUNDO, a municipal corporation
LE
Carl Jacobson, Mayor
20
265
DEVELOPER:
SMPO LAB, LLC, a Delaware limited liability
company
Steve Williams
Its:
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21
EXHIBIT A
PROPERTY DESCRIPTION
PARCEL A
ALL OF PARCEL 4 OF PARCEL MAP NO, 7707, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 100, PAGE 78 OF PARCEL MAPS;
TOGETHER WITH THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 10427, IN SAID CITY,
COUNTY AND STATE, AS PER MAP FILED IN BOOK 113, PAGE 25 OF PARCEL MAPS, BOTH IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY, SOUTHERLY AND
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE WESTERLY TERMINUS OF THE NORTHERLY LINE OF SAID PARCEL 1
OF SAID PARCEL MAP NO. 10427, SAID NORTHERLY LINE BEING SHOWN ON SAID PARCEL
MAP AS BEARING NORTH 890 53' 52" EAST, 158.66 FEET; SAID NORTHERLY LINE ALSO
BEING THE SOUTHERLY RIGHT OF WAY LINE OF GRAND AVENUE, 60 FEET WIDE, AS
SHOWN ON SAID PARCEL MAP NO. 10427; SAID SOUTHERLY RIGHT OF WAY LINE ALSO
BEING THE NORTHERLY LINE OF SAID PARCEL 4 OF SAID PARCEL MAP NO. 7707 AND THE
NORTHERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 10427, ALL AS SHOWN ON
SAID PARCEL MAP NO. 10427;
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT I OF PARCEL MAP NO. 10427 AND
CONTINUING ALONG THE NORTHERLY LINES OF SAID PARCEL 4 OF SAID PARCEL MAP NO.
7707 AND SAID PARCEL 2 OF SAID PARCEL MAP NO. 10427, NORTH 890 53'52" EAST, 308.01
FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH W 06' 08" EAST, I52.16 FEET;
THENCE NORTH 890 53' 52" EAST, 60.48 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 2
OF SAID PARCEL MAP NO. 10427; SAID SOUTHWESTERLY LINE SHOWN AS BEARING NORTH
540 09'12" WEST ON SAID PARCEL MAP;
THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 540 09' 12" EAST, 95.11 FEET TO THE
POINT OF INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 297.00 FEET
NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY RIGHT OF WAY LINE
OF FRANKLIN AVENUE, 50 FEET WIDE, SAID STREET RIGHT OF WAY WIDTH BEING SHOWN
ON SAID PARCEL MAP NO. 10427.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 10427
LYING SOUTHERLY OF SAID LINE THAT IS PARALLEL WITH AND 297.00 FEET NORTHERLY,
MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY RIGHT OF WAY LINE OF FRANKLIN
AVENUE, 50 FEET WIDE, SAID STREET RIGHT OF WAY WIDTH BEING SHOWN ON SAID PARCEL
MAP NO. 10427.
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A -1
PARCEL B
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10427, IN THE CITY OF EL SEGUNDO, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 113, PAGE 25 OF PARCEL
MAPS, LYING SOUTHERLY OF A LINE, PARALLEL WITH AND 297.00 FEET NORTHERLY, MEASURED
AT RIGHT ANGLES, FROM THE NORTHERLY RIGHT OF WAY LINE OF FRANKLIN AVENUE, 50 FEET
WIDE, SAID STREET RIGHT OF WAY WIDTH BEING SHOWN ON SAID PARCEL MAP NO. 10427.
END LEGAL DESCRIPTION
263
A22'
CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT E
EXHIBIT B
Recording Requested By and
When Recorded Mail To:
SMPO Labs, LLC
5858 Ridgeway Center Parkway
Memphis, Tennessee 38120
Attention: Steve Williams
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement") is made and
entered into by and between , ( "Assignor "), and
, a ( "Assignee ").
RECITALS
A. The City of El Segundo ( "City ") and Assignor entered into that certain
Development Agreement dated , 2012 (the "Development Agreement "), with
respect to the real property located in the City of El Segundo, State of California more
particularly described in Exhibit "A" attached hereto (the "Project Site "), and
B. Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals ").
C. Assignor intends to seII, and Assignee intends to purchase that portion, of the
Project Site more particularly described in Exhibit "B" attached hereto (the "Transferred
Property ").
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Transferred Property. Assignee desires to accept such assignment
from Assignor and assume the obligations of Assignor under the Development Agreement and
the Project Approvals with respect to the Transferred Property.
THEREFORE, the parties agree as follows:
I. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's
right, title, and interest in and to the Development Agreement and the Project Approvals with
respect to the Transferred Property. Assignee hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill
all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled
by Assignor under the Development Agreement and the Project Approvals with respect to the
Transferred Property, including without limitation those obligations specifically allocated to the
Transferred Parcel as set forth on Exhibit "C" attached hereto.
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3. Effective Date. The execution by City of the attached receipt for this Agreement
is considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement is effective upon its recordation in the Official
Records of Los Angeles County, California, provided that Assignee has closed the purchase and
sale transaction and acquired legal title to the Transferred Property.
4. Remainder of Project. Any and all rights or obligations pertaining to such portion
of the Project Site other than the Transferred Property are expressly excluded from the
assignment and assumption provided in Sections I and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth next to their signatures below.
"ASSIGNOR"
[Name of Developer]
Date: By:
Its:
By:
Its:
"ASSIGNEE"
9
a
Date: By:
Its:
270
B -2
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the
City of El Segundo on this _ day of ,
CITY OF EL SEGUNDO
Lin
STATE OF CALIFORNIA )
SS:
COUNTY OF )
Director of Planning and Building Safety
On , 20_, before me, , a Notary
Public, personally appeared , 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 /she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
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
STATE OF CALIFORNIA )
} SS:
COUNTY OF )
(Seal)
On , 20_, before me, , a Notary
Public, personally appeared , 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 /she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
271
B -3
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
(Seal)
272
B -4
EXHIBIT C
DEVELOPMENT FEE SCHEDULE
City of El Segundo Fees:
1. Police Service Mitigation Fee Per City Council Resolution No. 4687 adopted on
October 5, 2010.
2. Fire Service Mitigation Fee
3. Parks Mitigation Fee
4. Traffic Mitigation Fee
Per City Council Resolution No. 4687 adopted on
October 5, 2010.
Per City Council Resolution No. 4687 adopted on
October 5, 2010.
Per City Council Resolution No. 4443 adopted on
November 15, 2005.
5. Water Meter Installation Fees Per Title 11 of ESMC.
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Page a
CITY COUNCIL RESOLUTION NO. 4779 EXHIBIT G
CITY COUNCIL ORDINANCE NO. 1470 EXHIBIT F
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC°),
SMPO Lab, LLC, Mar Canyon Grand, LLC, and Richard Kizirian of the Kizirian Trust
agree to comply with the following provisions as conditions for the City of El Segundo's
approval of an Addendum to a Mitigated Negative Declaration for Environmental
Assessment No. 959, General Plan Amendment No. 12 -01, Specific Plan Amendment
No. 12 -01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Development
Agreement No. 12 -01, Subdivision No. 12 -02 (VTM 71903), and Site Plan Review No.
12 -01 ( "Project Conditions ").
Planning and Building Safety Department
1. Before building permits are issued, the applicant must submit plans that
demonstrate substantial compliance with the plans and conditions of approval on
file with the Planning and Building Safety Department. Site Plan Review
approval must be granted before building permits may be issued. Any
subsequent modification to the project as approved, including the site plan, floor
plan, elevations, landscaping and materials, must be referred to the Director of
Planning and Building Safety to determine whether the Planning Commission
should review the proposed modification.
2. Before building permits are issued, the applicant must obtain all the necessary
approvals, licenses and permits and pay all the appropriate fees as required by
the City.
3. The applicant must comply with all mitigation measures identified in the
Addendum to the Mitigated Negative Declaration of Environmental Impacts and
the Errata to the Addendum. A Mitigation Measure Monitoring and Reporting
Program (MMRP) was prepared as part of the environmental review for the
project and is attached as Exhibit "I" to this Resolution. All mitigation measures
in the Addendum to the Mitigated Negative Declaration of Environmental Impacts
for the proposed project are incorporated by this reference into these conditions
of approval. All mitigation measures and conditions of approval must be listed on
the plans submitted for plan check and on the plans for which a building permit is
issued.
4. Any changes to the colors and materials of the exterior fagade of the buildings
must be in compliance with the 222 Kansas Street Specific Plan Section 4.3(L)
Design Standards and approved to the satisfaction of the Director of Planning
and Building Safety.
5. Before the City issues a building permit, the applicant must submit final
landscaping and irrigation plans to the City of El Segundo Planning and Building
Safety Department and the Parks and Recreation Department for review and
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approval to demonstrate compliance with the City's Water Conservation
regulations and Guidelines for Water Conservation in Landscaping (ESMC §§
10 -2 -1, et seq.). The plant materials used in landscaping must be compatible with
the El Segundo climate pursuant to Sunset Western Garden Book's Zone 24
published by Sunset Books, Inc., Revised and Updated 2001 edition, which is
available for review at the Planning and Building Safety Department.
Additionally, the landscaping and irrigation must be completely installed before
the City issues a final Certificate of Occupancy. Additionally, the final
landscaping and irrigation plans must comply with the following:
A. Reclaimed water must be used as the water source to
irrigate landscaped areas, if feasible. To that end, dual
water connections must be installed to allow for
landscaping to be irrigated by reclaimed water, if feasible.
B. Efficient irrigation systems must be installed which
minimize runoff and evaporation and maximize the water
which will reach plant roots (e.g., drip irrigation, automatic
sprinklers equipped with moisture sensors).
C. Automatic sprinkler systems must be set to irrigate
landscaping during early morning hours or during the
evening to reduce water losses from evaporation.
Sprinklers must also be reset to water less often in cooler
months and during the rainfall season so that water is not
wasted by excessive landscaping irrigation.
D. Selection of drought - tolerant, low -water consuming plant
varieties must be used to reduce irrigation water
consumption, in compliance with ESMC §§ 10 -2 -1, et seq.
Employees must be provided current maps, routes and schedules for public
transit routes serving the site; telephone numbers for referrals on transportation
information including numbers for the regional ridesharing agency and local
transit operators; ridesharing promotional materials; and bicycle route and facility
information.
7. Ground level mechanical equipment, refuse and recycling collectors, storage
tanks, monitoring wells, generators, and other similar facilities must be screened
from view with opaque walls of materials and finishes compatible with the overall
design of the buildings in the project and provide dense landscaping to the
satisfaction of the Planning and Building Safety Department.
8. Trash and recycling enclosures must be provided and shown on the site plan that
are sufficiently large enough to store the necessary bins required for the regular
collection of commercial solid waste and recyclable materials. The site plan with
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the location and dimensions of the trash and recycling enclosure and an
elevation view of the enclosure must be provided to the Planning and Building
Safety Department for review and approval before the City issues building
permits. Separate trash and recycling facilities must be provided for each phase
of the project (Phase 1: USDA Facility; Phase 2: 2 office buildings).
9. Exterior lighting must be designed to minimize off -site glare.
10. The building must be designed to comply with the ESMC standards for the
attenuation of interior noise.
11. Before the City issues a Certificate of Occupancy the applicant must provide the
Planning and Building Safety Department a status report on the Leadership in
Energy and Environmental Design (LEED) that includes the GBCI scorecard
prepared by a qualified professional with a LEED AP credential. The Director of
Planning and Building Safety will determine if the items identified on the
scorecard and report, show a good faith effort to build to LEED standards and
warrant release of this condition. The City can require peer review of the LEED
report and GBCI scorecard by a qualified professional with a LEED AP credential
hired by the City at the applicant's expense to advise the Director of Planning
and Building Safety in his or her determination. Additionally, the City can require
inspections for grading, site improvements, and buildings for the project by a
qualified professional with a LEED AP credential to verify that the project has
been constructed in compliance with the LEED report and GBCI scorecard to
advise the Director of Planning and Building Safety in his or her determination.
12. Before the City issues a Certificate of Occupancy for Phase 2, the applicant must
submit a reciprocal access and parking agreement for joint use of the driveway
entrance, drive aisle, and parking area on Lot 3 with Lots 1 and 2 of the proposed
Vesting Tentative Tract Map (VTTM) to the Planning Department for review and
approval by the Director of Planning and Building Safety. The reciprocal access
agreement must be reviewed and approved as to form by the Director of
Planning and Building Safety and City Attorney before recordation. The applicant
must pay for all fees incurred by the City as a result of the City Attorney's review
of the Reciprocal Access Agreement before the City issues a Certificate of
Occupancy. The reciprocal access agreement must be recorded before the City
issues a Certificate of Occupancy.
13. Before the City issues a Certificate of Occupancy for any buildings or site
improvements, the applicant must complete all the conditions of approval of
Environmental Assessment No. 966 and Lot Line Adjustment No. LLA 12 -03.
14. Vacation of the existing Edison easements is required before the City issues
building permits for any buildings or structures within the easement area.
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15. The project must meet all the design criteria of the Specific Plan to the
satisfaction of the Director of Planning and Building Safety.
16. Before the City issues a building permit, landscaping plans must be reviewed and
approved in compliance with the Site Plan Review criteria of the Specific Plan to
the satisfaction of the Director of Planning and Building Safety.
17. Before the City issues a building permit, plans for walls, fences, lighting fixtures
and accessory structures must be reviewed and approved in compliance with the
Site Plan Review criteria of the Specific Plan to the satisfaction of the Director of
Planning and Building Safety.
18. Before the City issues any building permits for signs, a Master Sign Program
must be reviewed and approved by the Director of Planning and Building Safety.
Building Division Conditions
19. Before building permits are issued, plans must show conformance with the 2010
California Building Code with El Segundo amendments, the 2010 California
Green Building Code, 2010 California Mechanical Code, 2010 California
Plumbing Code, 2010 California Electrical Code, and the 2010 California Energy
Code, all as adopted by the ESMC.
20. Before building permits are issued, the applicant must submit a
geotechnical /soils report, along with an associated grading plan that addresses
the current code to the Planning and Building Safety Department for review and
approval.
21. Before grading permits are issued, the applicant must submit a soils report to the
Planning and Building Safety Department for review and approval.
22. Before building permits are issued, plans must show compliance with
accessibility requirements per the 2010 California Building Code, as adopted by
the ESMC.
23. A covenant and agreement or equivalent instrument must be recorded to allow
the use of disabled parking spaces on Lot 3 to serve the buildings on Lot 1 and 2.
The covenant and agreement must be reviewed and approved as to form by the
Planning and Building Safety Department and the City Attorney before
recordation. The applicant must pay for all fees incurred by the City as a result of
the City Attorney's review of the covenant before the City issues a final building
permit. The covenant must also be recorded before the City issues a final
building permit.
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24. A minimum slope of 2% must be provided at the north side of the Phase 1
building for drainage away from the building and to the street via a non - erosive
device.
25. A minimum slope of 2% must be provided for drainage away from the Phase 2
buildings and to the street via a non - erosive device. Site drainage from lot 3
must be conducted to the street via a non - erosive device at a minimum 1%
slope.
26. A Stormwater Pollution Prevention Plan (SWPPP) and a Standard Urban
Stormwater Mitigation Plan, (SUSMP) for each phase of development must be
provided and approved by the Planning and Building Safety Department.
27. The Phase 1 building must demonstrate that the occupancy group for the S
occupancy is a S -2 occupancy. The building must provide sprinklers in
compliance with the El Segundo Municipal Code. The plans must clearly show
that the maximum 250 foot exit travel distance is not exceeded for rooms P -03,
P -04, P -05, and P -07. The percentage of openings for the Phase 1 building must
comply with table 705.8 of the 2010 California Building Code, as measured from
the north property line.
28. The Phase 2 buildings must comply with Section 1022 of the 2010 California
Building Code for exit enclosures for the stairways. The exit enclosures must
extend to the exterior of the building and must be of 1 -hr construction. The
percentage of openings for the Phase 2 buildings must comply with table 705.8
of the 2010 California Building Code, as measured from the interior property
lines. Restroom facilities for men and women are required and the number of
plumbing fixtures must comply with table 4 -1 of the 2010 California Plumbing
Code.
29. Both phases of the project require complete structural calculations and details,
along with a civil grading plan, and architectural notes and details to be reviewed
and approved by the Building Division before a building permit is issued.
30. Both phases of the project require a geotechnical report to be reviewed and
approved by the Building Division before a building permit is issued.
31. Separate permit applications are required for accessory structures, such as light
standards, walls, retaining walls, and equipment pad foundations.
32. Separate permit applications are required for each of the following permit types:
signs, grading, mechanical, electrical, and plumbing.
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278
Fire De artment Conditions
33. The project must comply with all applicable requirements of the 2010 California
Building and Fire Codes and the 2009 International Fire Code as adopted by the
ESMC and El Segundo Fire Department Regulations.
34. Before a building permit is issued, the applicant must submit and obtain approval
of a Fire /Life Safety Plan from the Fire Department. The Fire /Life Safety Plan
must identify fire safety precautions during demolition and construction,
emergency site access during construction, permanent fire department site
access, fire water supply, fire hydrant locations, and any existing or proposed fire
sprinkler systems and fire alarm systems.
35. A list of proposed chemicals for laboratory use must be provided to determine the
types of hazards or permits necessary for the safe use or storage of lab
chemicals to the satisfaction of the Fire Department.
36. If a second well is located during construction, the well must be abandoned in
compliance with DOGGR requirements and DOGGR documentation of the
abandonment must be provided to the Fire Department and the Planning
Division.
Public Works Department Conditions
37. Before the City issues a Certificate of Occupancy and records the final map, the
applicant must dedicate 10 feet along the entire Grand Avenue frontage of the
subject property and provide an irrevocable offer to dedicate an additional 9 feet
along the entire Grand Avenue frontage of the subject property to the satisfaction
of the Public Works Department and the City Attorney. The City has the right to
exercise its right to accept the property subject to the offer of dedication on or
after, the earlier of, September 1, 2024, or 15 years following the date on which
the certificate of occupancy was issued for the last building on the property. If
the City amends its Circulation Element such that property that is subject to the
offer of dedication is no longer required for public right -of -way purposes, then the
offer of dedication will automatically expire. The applicant must enter into an
agreement, in a form approved by the City Attorney, holding the City harmless
and indemnifying it from any hazardous materials or contamination that may
affect the property offered for dedication.
38. Before the City issues a Certificate of Occupancy the applicant must dedicate
five feet along the entire Kansas Street and Franklin Avenue frontage of the
property to the satisfaction of the Public Works Department.
39. Before the City issues a Certificate of Occupancy the applicant must eliminate
the mid -block crossing on Kansas Street to the satisfaction of the Public Works
Department.
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40. Before the City issues a Certificate of Occupancy the applicant must provide a
pedestrian countdown display on the signal pedestrian heads at the intersection
of Grand Avenue and Kansas Street to the satisfaction of the Public Works
Department.
41. The Final Map must be recorded and filed with the City Engineer of the City of El
Segundo and Los Angeles County Recorder's Office.
42. The applicant must ensure that encroachment permits deemed to be required by
the City are secured from the Public Works Department before commencing any
and all work in the public right -of -way.
43. All construction related parking must be accommodated on -site. No construction
related parking will be permitted off -site.
44. Before the City issues any Certificate of Occupancy, the applicant must construct
curb and gutter, sidewalk, and driveway approaches per SPPWC standards
along Franklin Avenue and Kansas Street by an appropriately license contractor
to the satisfaction of the Public Works Department. Sidewalk must be a
minimum of 5 feet wide on all three street frontages.
45. Before the City issues any Certificate of Occupancy, the applicant must construct
curb ramps per SPPWC standard Type 1 at the corner of Kansas Street and
Grand Avenue as well as at the corner of Kansas Street and Franklin Avenue.
Developer to provide 5 -foot wide sidewalk behind the curb ramps.
46. Before the City issues any Certificate of Occupancy, the applicant must resurface
half of the street from the proposed curb and gutter to the centerline of the street
along Kansas Street and Franklin Avenue to the satisfaction of the Public Works
Department.
47. Before the City issues any Certificate of Occupancy, the applicant must install a
minimum 5 -foot wide parkway including landscaping and street trees on Grand
Avenue, Kansas Street and Franklin Avenue, in compliance with the General
Plan Circulation Element standards and the Master Street Tree Plan, to the
satisfaction of the Public Works Department, Planning and Building Safety
Department and the Parks and Recreation Department.
48. The applicant must provide a potable water service lateral and water meter for
each new lot. Location and sizes of all proposed water meters must be approved
by Public Works Department Water Division.
49. The applicant must provide sewer lateral with property cleanout on each lot.
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50. Any unused water service lateral and sanitary sewer laterals must be abandoned
at the City main.
51. The project must comply with the latest NPDES requirements and provide Best
Management Practices (BMPs) for sediment control, construction material control
and erosion control.
52. Before the City issues a building permit, the applicant must provide a SUSMP
(Standard Urban Storm Water Mitigation Plan).
53. Before the City issues a building permit, the applicant must provide a SWPPP
(Stormwater Pollution Prevention Plan).
54. Before the City issues a building permit, a registered civil engineer must provide
storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities
to control on -site drainage and mitigate off -site impacts, as follows, subject to
review and approval from Public Works Department:
a. The design must follow the criteria contained in both the Los Angeles
County Department of Public Works Hydrology Manual 2006 and
Standard Urban Storm Water Mitigation Plan or most recent editions.
Flows shall not to impact neighboring properties.
b. New development must not increase the rate of flow (cubic feet per
second) or velocity (feet per second) of site run -off water to any off -site
drainage areas beyond the measured or calculated pre - project rate and
velocity.
55. Location and sizes of existing public utilities (water, sewer, etc.) must be shown
on the plans. Indicate the location of any proposed connection points for the
utility service.
56. All record drawings (As -built drawings) and supporting documentation must be
submitted to the Department of Public Works before scheduling the project's final
inspection.
Police Department Conditions
57. Before the City issues a building permit, the applicant must submit a photometric
light study to the Police Department for review and approval. A site plan must be
provided showing buildings, parking areas, walkways, and the point -by -point
photometric calculation of the required light levels. Foot candles must be
measured on a horizontal plane and conform to a uniformity ratio of 4:1
average /minimum. The photometric study must be point -by -point and include the
light loss factor (.7). Lighting levels must be adjusted to meet the minimum foot
candle requirements within each area of the site. Street lighting shall not be
included in the calculations. All interior or exterior corridors, passageways and
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pedestrian walkways and open parking lot shall be illuminated at all times with a
minimum maintained one foot - candle of light on the walking surface.
58. Before the City issues a Certificate of Occupancy, lighting devices must be
enclosed and protected by weather and vandal resistant covers. The lighting
devices must be shown on plans to the satisfaction of the Police Department.
59. Before the City issues a Certificate of Occupancy, aisles, passageways and
recesses related to and within all sides of the complex must be illuminated with a
maintained minimum of .25 footcandles on the ground surface during hours of
darkness. Compliance must be shown on plans to the satisfaction of the Police
Department.
60. Before the City issues a Certificate of Occupancy, the addressing, all entry doors,
open parking lots, shipping /loading dock doors, trash dumpsters and guest
parking must be illuminated with a maintained minimum of one footcandle of light
on the ground surface during hours of darkness.
61. Before the City issues a Certificate of Occupancy, street addressing must be a
minimum of 6 inches high and must be visible from the street or driving surface,
of contrasting color to the background and directly illuminated during hours of
darkness. Addressing must also be shown on plan elevations.
62. Before the City issues a Certificate of Occupancy, light standards with lighting
fixtures mounted at 12 to 14 feet in height must be installed for all walkways.
Light standards and lighting fixtures must be shown on plans to the satisfaction of
the Police Department.
63. Before the City issues a building permit, landscaping must be designed and
shown on the plans to minimize obstruction of light fixtures to ensure
maintenance of required lighting levels to the satisfaction of the Police
Department.
64. Before the City issues a building permit, all landscaping must be shown on the
plans to be low profile around perimeter fencing, windows, doors and entryways
so as not to limit visibility or provide climbing access to the satisfaction of the
Police Department. Bushes must be trimmed to 2 to 3 feet and away from
buildings. Dense bushes cannot be clumped together in a manner that provides
easy concealment.
65. Before the City issues a Certificate of Occupancy, all loading dock pedestrian
doors must have a panoramic door viewer (190 -200 degrees) installed. Notes
must be provided on the plans demonstrating compliance with this requirement to
the satisfaction of the Police Department.
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66. Before the City issues a Certificate of Occupancy, a latch guard must be placed
over all single swing entry door locks and secondary security astragals must be
installed in all double swing entry doors.
67. Before the City issues a Certificate of Occupancy, bicycle racks must be located
in well -lit highly visible locations. Bicycle rack locations must be shown on the
plans to the satisfaction of the Police Department.
68. Before the City issues a Certificate of Occupancy, the USDA facility bicycle rack
on Kansas Street must be relocated within the visitor parking lot in a secured
area and shown on plans to the satisfaction of the Police Department.
Construction Conditions
69. Before any construction occurs the perimeter of the property must be fenced with
a minimum 6 -foot high fence. The fence must be covered with a material
approved by the Planning and Building Safety Department to prevent dust from
leaving the site.
70. All haul trucks hauling soil, sand, and other loose materials must either be
covered or maintain two feet of freeboard.
71. NOx emissions during construction must be reduced by limiting the operation of
heavy -duty construction equipment to no more than 5 pieces of equipment at any
one time.
72. Staging of construction vehicles and vehicle entry and egress to the site must be
approved by the Public Works Department. Temporary construction driveways
must be approved by the Public Works Department. Temporary construction
driveways must be removed before the City issues a certificate of occupancy.
73. Construction vehicles cannot use any route except the City's designated Truck
Routes.
74. The applicant must develop and implement a construction management plan, as
approved by the Public Works Department before a building permit is issued,
which includes the following measures recommended by the SCAQMD:
• Configure construction parking to minimize traffic interference.
• Provide temporary traffic controls during all phases of construction
activities to maintain traffic flow (e.g., flag person).
• Re -route construction trucks away from congested streets.
• Maintain equipment and vehicles
proper tune as per manufacturer'
rules, to minimize dust emissions.
engines in good condition and in
s specifications and per SCAQMD
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• Suspend use of all construction equipment during second stage smog
alerts. Contact SCAQMD at (800) 242 -4022 for daily forecasts.
• Use electricity from temporary power poles rattler than temporary
diesel or gasoline - powered generators.
O Diesel- powered equipment such as booster pumps or generators
should be replaced by electric equipment, if feasible.
O Catalytic converters must be installed, if feasible.
e Equipment must be equipped with two -to- four - degree engine time
retard or pre - combustion chamber engines.
0 Use methanol or natural gas powered mobile equipment and pile
drivers instead of diesel if readily available at competitive prices.
0 Use propane or butane powered on -site mobile equipment instead of
gasoline if readily available at competitive prices.
75. During construction and operations, all waste must be disposed in accordance
with all applicable laws and regulations. Toxic wastes must be discarded at a
licensed, regulated disposal site by a licensed waste hauler.
76. All leaks, drips and spills occurring during construction must be cleaned up
promptly and in compliance with all applicable laws and regulations to prevent
contaminated soil on paved surfaces that can be washed away into the storm
drains.
77. If materials spills occur, they must be cleaned up in a way that will not affect the
storm drain system.
78. The project must comply with ESMC Chapter 5 -4, which establishes storm water
and urban pollution controls.
79. Before anticipated rainfall, construction dumpsters must be covered with tarps or
plastic sheeting.
80. Inspections of the project site before and after storm events must be conducted
to determine whether Best Management Practices have been implemented to
reduce pollutant loadings identified in the Storm Water Prevention Plan.
81. The owner or contractor must conduct daily street sweeping and truck wheel
cleaning to prevent dirt in the storm drain system.
82. Storm drain system must be safeguarded at all times during construction.
83. All diesel equipment must be operated with closed engine doors and must be
equipped with factory- recommended mufflers.
84. Electrical power must be used to run air compressors and similar power tools.
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85. The applicant must provide a telephone number for local residents to call to
submit complaints associated with the construction noise. The number must be
posted on the project site and must be easily viewed from adjacent public areas.
86. During construction, the contractor must store and maintain equipment as far as
possible from adjacent residential property locations northwest of the site.
87. As stated in ESMC Chapter 7 -2, construction related noise is restricted to the
hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at
anytime on Sunday or a Federal holiday.
Service Fee Conditions
88. Pursuant to SSMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time park facilities mitigation fee in accordance with
Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
89. Pursuant to SSMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time fire services mitigation fee in accordance with
Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
90. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits are issued,
the applicant must pay a one -time police services mitigation fee in accordance
with Section 5.2 of the Development Agreement. The fee amount must be based
upon the adopted fee at the time the building permit is issued.
91. Before building permits are issued, the applicant must pay the required sewer
connection fees (as specified in SSMC Title 12 -3).
92. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues a certificate
of occupancy, the applicant must pay a one time traffic mitigation fee in
accordance with Section 5.2 of the Development Agreement. The fee amount
must be based upon the adopted fee at the time the building permit is issued.
93. Before building permits are issued, the applicant must pay the required School
Fees. This condition does not limit the applicant's ability to appeal or protest the
payment of these fees to the school district(s).
Miscellaneous
94. SMPO Lab, LLC, Mar Canyon Grand, LLC, and Richard Kizirian, on behalf of the
Kizirian Trust, agree 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
1- 285
No. 959, General Plan Amendment No. 12 -01, Specific Plan Amendment No. 12-
01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Subdivision No.
12 -02, Site Plan Review No. 12 -01, or Development Agreement (DA) No. 12 -01.
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 Environmental Assessment No. 959, General Plan Amendment
No. 12 -01, Specific Plan Amendment No. 12 -01, Zone Change No. 12 -01, Zone
Text Amendment No. 12 -01, Development Agreement (DA) No. 12 -01,
Subdivision No. 12 -02, Site Plan Review No. 12 -01, SMPO Lab, LLC, 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.
By signing this document, Steve Williams on behalf of SMPO Lab, LLC, Allan
Mackenzie on behalf of Mar Canyon Grand, LLC, and Richard Kizirian, on behalf of the
Kizirian Trust, certify that they have read, understood, and agree to the Project
Conditions listed in this document.
Steve Williams,
SMPO Lab, LLC
Allan Mackenzie, President
Mar Canyon Grand, LLC
Richard Kizirian,
Kizirian Trust
PAPlanning & Building Safetyl0 Planning - OId1PROJECTS (Planning)1951- 9751EA- 9591Cfty Council 090420121Ordinance and
Attachments\EA -959 CC Ordinance Exhibit F - Conditions 09042012,doc
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286
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a standard Public Works Contract to the
lowest responsible bidder, American Asphalt South, Inc. for slurry sealing of the streets
in the area bounded by Sheldon Street, Mariposa Avenue, El Segundo Boulevard and
Sepulveda Boulevard. Project No.: PW 12 -05 (Fiscal Impact: $336,567.28)
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 American Asphalt South, Inc., in the
amount of $305,970.25.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $225,000.00
Additional Appropriation: Yes $111,567.28
Account Number(s): 106- 400 -8206 -8943 (Slurry Seal- Local Streets Rehab
Program)
ORIGINATED BY: Nick Petrevski, Engineering Technician f '�
REVIEWED BY: Stephanie Katsouleas, Public W s Director f ' K
anage r
APPROVED BY: Greg Carpenter, City M
i
BACKGROUND AND DISCUSSION:
The City Council approved plans and authorized staff to advertise a project for the application of
slurry seal for the Iocation bounded by Mariposa Ave., El Segundo Blvd., Sheldon St. and
Sepulveda Blvd. On August 21, 2012, the City Clerk received and opened six (6) bids as
follows:
I.
American Asphalt South, Inc.
$305,970.25
2.
All American Asphalt
$441,574.75
3.
Pavement Coatings Co.
$538,851.00
4.
Western Pavement Solutions
$566,190.00
5.
Doug Martin Contracting Co.
$670,646.25
6.
Roy Allan Slurry Seal; Inc.
$708,490.50
E93
287
The slurry sealing program is a preventative measure to extend the life of pavement Citywide.
The slurry sealing process consists of the application of a thin asphalt slurry layer on existing
asphalt pavement to prevent water intrusion.
The 2011 -2012 CIPAC report adopted by City Council last year identified $225,000.00 for slurry
seal. Staff recommends an additional $111,567.28 be approved for this project from the Gas Tax
fund.
The total amount ($336,567.28) requested includes the contract amount and an additional
$30,597.03 for construction related contingencies. This project is funded through the Gas Tax.
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289
PRESENTATION BY CHIEF TAVERA REGARDING THE POLICE
DEPARTMENTS' OPERATION PLAN SURROUNDING THE SHUTTLE
ENDEAVOR LANDING.
?, 90
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2012
AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Pro Tern Suzanne Fuentes
AGENDA DESCRIPTION:
Consideration and possible action adopt a resolution urging members of Congress to pass and the
White House to sign legislation to avert across- the -board fiscal year 2013 sequestration cuts. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached resolution;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: $
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s):
PREPARED BY:
REVIEWED BY: Suzanne Fuentes, Mayor Pro Te
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
Sequestration is a term used to describe automatic cuts that are imposed across the board to federal
programs. The process was part of the Balanced Budget and Emergency Deficit Control Act of 1985,
which set deficit targets. That Iaw stipulated that if spending exceeded the specified targets, a process
known as sequester would go into effect. It's often referred to as the Gramm- Rudman- Hollings Act
named for its Senate sponsors.
As stated by the L.A. Jobs Defense Council: "Already facing tepid economic growth, the loss of another
225,000 jobs would be devastating to the state of California. Sequestration cuts would also represent a
loss of $22 billion in state GDP. Cuts would be most especially felt in Los Angeles County, resulting in
revenue losses of $2 billion for defense contracts alone. At the same time, the City of San Diego could
lose 313,000 jobs while research indicates the economic slowdown in some industries throughout
Southern California may already be underway.
The impending sequestration cuts extend much further than the national defense budget. Social benefit
programs and all other federal programs make up half o f the planned $1.2 trillion sequestration. The cuts
to defense alone will be disastrous to an economy struggling to regain its footing with the impacts felt in
industry sectors such as hospitality, retail, manufacturing, health care, and goods movement. Immediate
action must be taken to halt this approaching disaster.
U00C
291
Formed by the Los Angeles County Economic Development Corporation in August 2012, the L.A. Jobs
Defense Council brings together defense and business Ieaders with representatives from labor and public
officials throughout Southern California. The Council's goal is to propose a model county resolution that
will prepare Southern California's counties for FY2013's across - the -board cuts and request the members
of congress to take the appropriate action to prevent sequestration cuts."
292
RESOLUTION NO.
A RESOLUTION URGING MEMBERS OF CONGRESS TO PASS AND
THE WHITE HOUSE TO SIGN LEGISLATION TO AVERT ACROSS -
THE -BOARD FISCAL YEAR 2013 SEQUESTRATION CUTS AND TO
COME TOGETHER TO DEVELOP A LONG -TERM BUDGET
COMPROMISE.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The impacts of the $1.2 trillion in across -the- board, forced federal cuts
proposed under sequestration will have serious and deleterious effects on
our local, regional, state and national economies — putting at -risk
hundreds of thousands of high -wage, high -skill aerospace and other
defense - related jobs as well as tens of thousands of non - defense jobs and
countless critical social services programs in education, housing,
healthcare and other human services areas; and
B. The George Mason University report titled "The Economic Impact of the
Budget Control Act of 2011 on DOD & non -DOD Agencies" dated July 17,
2012 (GMU Report), states that the nation's economy will lose $215 billion
in gross domestic product, shed 2.14 million jobs and swell the
unemployment rate by as much as 1.5 percentage points due to
sequestration cuts in the first two fiscal years alone; and
C. The GMU Report states that California will be most directly and severely
affected by these cuts, losing a total of 225,464 jobs (with 135,209 coming
from defense - related cuts and 90,255 from non - defense related cuts) and
$22 billion in gross state product; and
D. The current uncertainty surrounding the implementation of sequestration
has already led many companies to issue layoff notices and reduce
outlays in preparation of these looming cuts; and
E. Southern California represents the heart of the nation's aerospace
industry, with total direct, indirect and induced impacts of 276,000 jobs,
$20.6 billion in wages, more than $66 billion in economic impact and
returning almost $2.4 billion to state and local governments in tax revenue;
and
293
F. The County of Los Angeles has a long history with aerospace and other
defense - related industries and currently has close to 60,000 direct jobs in
aerospace and other defense - related industries with a significant wage
premium, out - earning those in the manufacturing sector as a whole by
73 %, on average; and
G. The local efforts are currently underway and being led by the L.A. Jobs
Defense Council — a coalition comprised of business, government and
labor leaders — to, first and foremost, avert sequestration but to also
prepare the region for the impacts of sequestration should these forced
cuts occur; and
SECTION 2: The City Council of the City of El Segundo urges members of Congress to
pass and the White House to sign legislation to avert across- the -board fiscal year 2013
sequestration cuts and to come together to develop a long -term budget compromise.
SECTION 3: This Resolution will become effective immediately upon adoption and will
remain effective unless superseded or repealed.
PASSED AND ADOPTED this 4th day of September, 2012.
Carl Jacobson, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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