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2015 Dec 15 - CC PACKET (Part 1 - Items #1-2)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, DECEMBER 15, 2015 — 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 sue.) for the purposes of
conferring with the City's Real Property Negotiator, and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -1- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
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CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -7-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group); Management/Confidential Group
(Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 15, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Eric Jay, St. John's Lutheran Church
PLEDGE OF ALLEGIANCE — Council Member Atkinson
L,
M
PRESENTATIONS
a) Commendation - Dina Williams El Segundo Police Department's Retired
Senior Volunteer of the Year.
b) Commendation - El Segundo Community Christmas Dinner.
c) Presentation - South Bay Workforce Investment Board (SBWIB).
d) Presentation - Los Angeles County Comprehensive Parks Needs
Assessment.
e) Presentation - Investment Portfolio Report by Treasury Department.
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.
CITY COUNCIL COMMENTS - (Related to Public Communications)
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)
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1. Consideration and possible action regarding (Public Hearing) the proposed
project and budget for the 2016 -17 Community Development Block Grant
(CDBG) Program Year. The estimated CDBG budget allocation for Program
Year 2016 -2017 is approximately $53,124.
(Fiscal Impact: $53,124.00)
Recommendation — 1) Open public hearing and take testimony; 2) Close public
hearing and discuss item; 3) Adopt the new 2016 -2017 CDBG project and
budget; 4) Authorize the City Manager to execute the contracts, in a form
approved by the City Attorney, with the Los Angeles County Community
Development Commission (CDC); 5) Alternatively, discuss and take other
possible action related to this item
C. UNFINISHED BUSINESS
2. Continuation of the El Segundo South Campus Specific Plan Project
(ESSCSP) for property generally located at 2000 to 2100 El Segundo
Boulevard owned by the Raytheon Company.
(Fiscal Impact: If approved, the project would provide $4,000,000 in direct
payment revenue; up to $1,071,228 in direct payment revenue related to
development fee per square foot; an estimated $11,893,000 roadway
infrastructure; $75,000 for bicycle parking; and potentially $375,000 for
wastewater infrastructure improvements).
Recommendation — That the City Council: 1) Continue discussion; 2) After
considering the evidence: (a) adopt a Resolution certifying the Environmental
Impact Report (EIR) (Environmental Assessment No. EA -905), adopting a
statement of overriding considerations, amending the General Plan and General
Plan Map (No. GPA 11 -01), and approving a Vesting Tentative Map (No. SUB
11 -02); and b) introduce, and waive first reading, of an Ordinance adopting a
Specific Plan (ZTA 11 -01 and SP 11 -01), approving a Development Agreement
(DA 11 -02), and amending the Zoning Map; 3) Schedule second reading and
adoption of the Ordinance for January 19, 2016; and 4) Alternatively, discuss and
take other possible action related to this item.
Ce
C:
3. Consideration and possible action to approve a revised Due Diligence and
Ground Lease Agreement with ES CenterCal LLC ( "ES CenterCal ") to lease
the driving range portion of The Lakes Golf Course for the purpose of
developing the TopGolf facility consisting of a driving range, restaurant,
bar and lounge and event facilities. CenterCal has requested two
substantive revisions to the Agreement approved by the Council on
September 15, 2015.
(Fiscal Impact :)
Recommendation —1) Consideration and possible action to approve a revised
Due Diligence and Ground Lease Agreement with the substantive changes
requested by CenterCal and allow for minor non - substantive changes approved
as to form by the City Attorney; 2) Alternatively, discuss and take other possible
action related to this item
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4. Consideration and possible action to open the recruitment process for the
positions on the Committees, Commissions and Boards ( "CCBs ") that
expires in the year 2016.
(Fiscal Impact: None)
Recommendation — 1) Direct staff to open the recruitment process for the
positions on the CCB's, as listed; 2) Alternatively, discuss and take other action
related to this item
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.
5. Warrant Numbers 3008814 through 3008942 on Register No. 5 in the total
amount of $944,991.36 and Wire Transfers from 11/16/2015 through
11/29/2015 in the total amount of $982,284.20.
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.
6. Regular City Council Meeting Minutes of November 17, 2015 and Regular
City Council Meeting Minutes of December 1, 2015.
Recommendation — Approval.
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7. Consideration and possible action to receive and file this report regarding
emergency work to repair dwelling units at the Park Vista Senior Housing
Facility due to water intrusion without the need for bidding in accordance
with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal
Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A-4.
Fiscal Impact: $50,000.00)
Recommendation — 1) Receive and file this report regarding emergency work to
repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code
§§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1-
7A-4 2) Alternatively, discuss and take other action related to this item.
8. Consideration and possible action to approve a contract amendment with
WaterWise Consulting, Inc. for additional water conservation outreach and
support.
Fiscal Impact: $25,000.00
Recommendation — 1) Authorize the City Manager to execute a contract
amendment, in a form approved by the City Attorney, for an additional $25,000
with WaterWise Consulting, Inc. for additional water conservation outreach and
support; 2) Alternatively, discuss and take other possible action related to this
item.
9. Consideration and possible action to adopt a Resolution approving plans
and specifications for Trenchless Sewer Improvement — Eastern
Residential Zone, Project No. PW 16 -03 and authorize staff to advertise for
the receipt of construction bids.
Fiscal Impact: $2,000,000.00)
Recommendation — 1) Adopt the attached resolution approving plans and
specifications for Trenchless Sewer Improvement — Eastern Residential Zone,
Project No. PW 16 -03; 2) Authorize staff to advertise the project for receipt of
construction bids; 3) Alternatively, discuss and take other possible action related
to this item.
FQ
10. Consideration and possible action to: 1) approve year -end adjustments to
the Fiscal Year 2014 -2015 Adopted Budget and 2) increase the Fiscal Year
2015 -2016 Adopted Budget for continuing appropriations.
(Fiscal Impact: General Fund estimated revenues will increase by
$1,856,700, and appropriations will increase by $1,820,200. The following
budget adjustments in Special Revenue funds are also requested: COPS
Fund appropriations will increase by $73,500; Measure R Fund
appropriations will increase by $150,000; TDA Article 3 Fund
appropriations will increase by $10,720; State Grants Fund appropriations
will increase by $152,100; Capital Improvement Fund estimated revenues
and appropriations will increase by $111,250; and Special
Revenues /Donations Fund estimated revenues will increase by $48,700,
and appropriations will increase by $41,600.)
Recommendation — 1) Approve year -end adjustments to the Fiscal Year 2014-
2015 Adopted Budget in the Funds and by the amounts contained in Attachment
1; 2) Approve continuing appropriations from FY 2014 -2015 to FY 2015 -2016,
thereby amending the Fiscal Year 2015 -2016 Adopted Budget in the Funds and
by the amounts contained in Attachment 3 and 4; 3) Alternatively, discuss and
take other action related to this item.
11. Consideration and possible action to award a standard Public Works
Contract to R.E. Shultz for Hilltop Park Playground Improvement, Project
No. PW 16 -05, and authorize additional funds for construction related
contingencies.
Fiscal Impact: $ 183,000.00)
Recommendation — 1) Authorize the City Manager to execute a standard Public
Works Contract, in a form approved by the City Attorney, with R.E. Shultz in the
amount of $161,725.00 for Hilltop Park Playground Improvement, Project No. PW
16 -05; 2) Authorize an additional $21,275.00 for construction related
contingencies; 3) Alternatively, discuss and take other action related to this item.
12. Consideration and possible action to adopt two Resolutions authorizing
the City Manager to Execute a Joint Powers Agreement (JPA) with the
California Home Finance (CHF) Authority ( "Authority ") to participate in the
Ygrene Works Property Assessed Clean Energy (PACE) Program
( "Program "); authorizing the Authority to take action by including property
within the City's jurisdiction in the Program; and authorizing the City
Manager to execute documents needed to implement the resolutions in a
form approved by the City Attorney.
Fiscal Impact: $0)
Recommendation — 1) Review and adopt two proposed Resolutions; 2)
Alternatively, discuss and take other possible action related to this item.
so
13. Consideration and possible action action to adopt an Ordinance deleting El
Segundo Municipal Code ( "ESMC") Chapter 10 -2 regarding Water
Conservation in Landscaping; adding a new ESMC Chapter 15 -15A
regarding Water Conservation in Landscaping; amending ESMC § 15 -1 -6 to
add new definitions for types of landscaping and artificial turf; amending
ESMC § 15 -2 -14 regarding landscaping and artificial turf requirements; and
amending certain landscaping sections in all Zoning Districts in ESMC Title
15. Applicant: City of El Segundo
(Fiscal Impact: None)
Recommendation — 1) Waive second reading and adopt Ordinance No.1515 for
Environmental Assessment No. EA -1132 and Zone Text Amendment No. 15 -01;
2) Alternatively, discuss and take other action related to this item.
14. Consideration and possible action regarding the adoption of a Resolution
to apply for a grant from Los Angeles County Regional Park and Open
Space District ( RPOSD) in the amount of $300,000. The grant funds will be
allocated for improvement and rehabilitation of sports court and general
use area lighting at Recreation Park.
(Fiscal Impact: FY 15 -16: $300,000 of Intergovernmental Grant Revenue)
Recommendation — 1) Adopt the Resolution to apply for the RPOSD Grant
Program; 2) Alternatively, discuss and take other action related to this item.
15. Consideration and possible action to adopt a Resolution approving plans
and specifications for the Richmond Street Rehabilitation Arterial
Improvement Project, Project No. PW 15 -01 and authorize staff to advertise
for the receipt of construction bids.
Fiscal Impact: $800,000)
Recommendation — 1) Adopt the Resolution approving plans and specifications
for the Richmond Street Rehabilitations Arterial Improvement Project, Project No.
PW 15 -01; 2) Authorize staff to advertise the project for the receipt of
construction bids; 3) Alternatively, discuss and take other action related to this
item.
16. Consideration and possible action to reject all bids for construction of
American with Disabilities Act (ADA) Sidewalk Ramps (CDBG Project).
Project No. PW 15 -24
Fiscal Impact: $60,000.00 in CDBG rg ant funds)
Recommendation — 1) Reject all bids for the construction of American with
Disabilities Act (ADA) Sidewalk Ramps (CDBG Project); 2) Alternatively, discuss
and take other action related to this item.
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17. Consideration and possible action regarding 1) Approval of a resolution to
abolish certain part -time classifications in order to comply with the
minimum wage increase effective January 1, 2016.
Fiscal Impact: No Fiscal Impact for upco ming ear)
Recommendation — 1) Approve the Resolution to abolish certain part -time
classifications; 2) Alternatively, discuss and take other action related to this item.
18. Consideration and possible action regarding adoption of a Resolution
establishing a new base salary for the classification of Fire Chief.
(Fiscal Impact: None)
Recommendation — 1) Adopt the Resolution establishing the new base salary for
Fire Chief; 2) Alternatively, discuss and take other action related to this item.
19. Consideration and possible action regarding 1) Approval of an Interim Side
Letter between the City of El Segundo and the Police Managers'
Association (PMA), 2) Approval of an Interim Side Letter between the City
of El Segundo and the Supervisory and Professional Employees'
Association (SPEA), and 3) Approval of a Resolution providing for changes
to Chapter 1A2 of the El Segundo Administrative Code by adjusting base
salary schedules, repealing obsolete sections, and modifying other benefit
provisions for Management - Confidential and Executive classifications.
_(Fiscal Impact: N /A)
Recommendation — 1) Approve Interim Side Letters; 2) Adopt the attached
Resolution; 3) Approve the attached base salary schedules; 4) Alternatively,
discuss and take other action related to this item
F. NEW BUSINESS
20. Consideration and possible action to amend the employment agreement
with the City Manager, Greg Carpenter, to: extend the term through
December 31, 2019; consistent with the action taken by the City Council on
June 2, 2015 with respect to Department Directors and Confidential
Management staff, convert the City's payment of the deferred
compensation 5% match benefit to base salary; and, convert the monthly
benefit of $1,081 "Additional Pay" to Base Pay pursuant to an
understanding reached with the California Public Employees' Retirement
System (PERS) with regard to including all Additional Pay for City
employees receiving this benefit in their base salary.
(Fiscal Impact: Conversion of $10,500 of annual deferred compensation
benefit to base salary and conversion of $1,081 Additional Pay into base
salary which results in no additional expense to the City except the City will
annually contribute 18% of $10,500 which is the City's share of the PERS
retirement cost)
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Recommendation - Consideration and possible action to approve an amendment
to the City Manager's employment agreement; Approve a new salary schedule
for the position of the City Manager consistent with above agenda description;
and /or, Alternatively, discuss and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
J. REPORTS — CITY CLERK
K. REPORTS — CITY TREASURER
L. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
Council Member Atkinson —
Council Member Dugan —
Mayor Pro Tern Jacobson —
Mayor Fuentes —
21. Consideration and possible action regarding the annual request of Mr. S.
Claus for variances from the Municipal Code.
fFiscal Impact: None
Recommendation — Approve request by Mr. S. Claus for a waiver of the permits
required for doing business within the City of El Segundo as follows: 1) The use
of air rights and waiver of the Santa Monica Radial 160 R procedure; 2) Grant a
free business license for a non - profit organization; 3) Waiver of the Noise
Ordinance to permit the sound of bells; 4) Waiver of the Trespass Ordinance
including dealing with trespassing animals; 5) Waiver of the ordinance on Animal
Regulations; and /or 6) Alternatively, discuss and take other action related to this
item.
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PUBLIC COMMUNICATIONS — Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: 12. 1 1 a * ► --M-
TIME:
NAME:
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r
ommenbatton Co of Ql bitpubo, califorma
WHEREAS, The goal of the El Segundo Police Department's Retired Senior Volunteer
Program ( "RSVP ") is to supplement and assist both the Field Operations
and the Administrative Services Bureau in their efforts to better serve the
citizens of the City of El Segundo; and
WHEREAS, RSVP members are the "eyes and the ears" of the Police Department and, as
representatives of the City and the Police Department, must maintain an
image at all times that parallels the professionalism of the El Segundo Police
Department; and
WHEREAS, Dina Williams has been an El Segundo Police Department RSVP since
March 27, 2014, working not only the required four hours per week but
contributing additional hours working Neighborhood Watch in the Park, the
Homecoming Parade, Water Harvest Festival, Plaza El Segundo's Holiday
Open House, Candy Cane Lane, the Little League Parade, Arbor Day, the
Police Fire Memorial Golf Tournament, Boeing Bring Your Child to Work
Day, and 4th of July in the Park. Dina has also assisted the Crime Prevention
Unit with Additional duties; and
WHEREAS, Dina William never fails to come to work with a smile and an eagerness to
help with any request, and make invaluable contributions to the RSVP
program and to our community with enthusiasm and support; and
W H L:R 1:AS, Dina Williams has been selected by the City of El Segundo as the recipient of
the El Segundo Police Department's RSVP of the Year award in recognition
of the 433 plus volunteers hours she has given to the El Segundo Police
Department's Retired Senior Volunteer Program.
NOW, THEREFORE, the Mayor and Members of the City Council of the City
Segundo, California, on this 15th day of December, 2015, hereby commend Dina
Williams for her invaluable contributions to the Retired Senior Volt
Program, and invite all citizens in recognizing her as the El Segundo P
Department's RSVP of the Year.
.f
Mayor Susanne Fuentes
of E1
Mayor Fro gem CadJaco6son Council Member (Dave At4nson
CouncifMem6er Marie TeMiauer Counci[Mem6er JKichaefougan
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ommenbatt"011 (Citp of (9i Oegunbo, Caiifornia
WHEREAS, The El Segundo Community Christmas Dinner was conceived by El Segundo resident Bill
Coffman in 1983; Bill solicited the help of local businesses, residents and organizations to
fund, cook and serve a traditional Christmas dinner that brought people together to share
the holiday spirit; and
WHEREAS, The El Segundo Community Christmas Dinner has become a hometown tradition that has
served the community for over 30 years. The last 27 Christmas dinners have been served
at the Joslyn Center; and
WHEREAS, The Annual Christmas Dinner will be provided this season with the generous donations of
food and preparation by the Order of Elks Lodge #2050 other food donations from the
Doubletree Hotel, floral arrangements provided by Natural Simplicity, gift card donation
from Costco for supply purchase and the time and effort of many individual volunteers
along with the support of the Recreation and Parks Department Outreach Office; and
WHEREAS, The El Segundo Community Christmas Dinner will be held at 12:00 p.m. on December
25`h at the Recreation and Parks Department's Joslyn Center, for the benefit ofall those in
the community who wish to participate in fellowship and share in some Christmas cheer.
NOW, THEREFORE, on this 15th day of December, 2015, the Mayor and Members of the City Council
of the City of El Segundo, California, do hereby commend and thank all sponsors, supporters and
volunteers, for their unselfish community service in keeping this hometown holiday tradition alive in El
Segundo.
Mayor Suzanne Fuentes
Mayor fto 2'em CarfJaco6son Counci[ Member (Dave At6nson
Council Member Marie (TeMiauer Counci[Mem6er Michaefougan
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Presentation
South Bay Workforce Investment Board (SBWIB)
16
Presentation
Los Angeles County Comprehensive Parks Needs Assessment.
17
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
Presentation of Investment Portfolio Report
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
MEETING DATE: December 15, 2015
AGENDA HEADING: Presentation
1. Receive and File
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Investment Portfolio Report — September, 2015
FISCAL IMPACT: $ None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Dino Marsocci, Deputy City Treasurer II
REVIEWED BY: Crista Binder, Treasurer
APPROVED BY: Greg Carpenter, City Managerft
BACKGROUND & DISCUSSION:
The Treasury Department presents the September, 2015 Investment Portfolio Report which provides a
status of Treasury Investment activities and related economic indicators.
This report will be created and submitted to Council on a quarterly basis. The report will also be posted
to the City's web site under the Treasury Department.
t�1 Y 0 ! '
c, 1
Date: December 15, 2015
From: Office of the City Treasurer
To: El Segundo City Council
RE: Investment Portfolio Report — As of September 30, 2015
Introduction:
This report will serve as a summary for the City of El Segundo's Treasury Department investment reporting,
compliance, investment environment and future plans; as well as subsidiary schedules which will support the
Portfolio Summary and provide additional analysis of our investments.
Investment Summary:
The investments as of September 30, 2015 are as follows:
Se
Security Type
Government
Corp. Bonds
CD's
Union Bank Trust
LAIF Immediate
LAIF - LAWA
LAIF Subtotal
Total Invested
Trust Acct. Cash
Chase Bank -
Cash
Total Portfolio
Page 1 1
!ptember Portfolio Summary
Market
Cost
Market value
% of
Total
15,266,451.50
15,290,373.30
21.29%
3,801,142.77
3,773,445.00
5.25%
9;181,000.00
9,197, 336.71
12.80%
28,248,594.27
28,261,155.01
39.34%
$11,020,118.43
$11,020,118.43
15.34%
$15,423,283.33
$15,423,283.33
21.47%
$26,443,401.76
$26,443,401.76
36.81
54,691,996.03
54,704,556.77
76.1601
423.81
423.81
0.00%
$17,124,513.62
17,124,513.62
23.84%
71,816,933.46
71,829,494.20
100.00%
WE
The portfolio Breakdown by Short Term (< 1 year) and Long Term is:
Benchmark value is the Interpolated Treasury Yield to the Portfolio's Avg. Weighted Maturity
Compliance:
It is the intention of the City Treasurer's office to ensure that our investments are in compliance with the maturity
time limits and percentage allocation limits with all of our investments. The City is currently in compliance as
demonstrated below:
Partial
Short Term
Long Term
Total
Portfolio Value Market
$ 30,451,158
$ 24,253,823
$ 54,704,981
Effective Yield
0.394%
1.178 %°
0.742%
Average Wtd. Maturity
28.00 Days
2.50 Years
1.15 Years
0.3.3 %
Benchmark Yield
0.00%
0.92%
Benchmark value is the Interpolated Treasury Yield to the Portfolio's Avg. Weighted Maturity
Compliance:
It is the intention of the City Treasurer's office to ensure that our investments are in compliance with the maturity
time limits and percentage allocation limits with all of our investments. The City is currently in compliance as
demonstrated below:
Partial
List of Allowable
Investment Instruments
for Local Agencies
Investment
Maximum
Maximum Minimum
City of El
I
In
Type
Maturity
Specified % Quality
Segundo
Compliance
of Portfolio Requirements
Investments
Y/N
Local Agency
Bonds
5 years
None None
0.00%
Y
U. S Treasury
Obligations
5 years
None None
0.00%
Y
US Agency
Obligations
5 years
None None
21.29%
Y
Negotiable
Certificates of
5 years
30%
None
12.80%
Y
Deposit
Medium Term
Notes
5 years
30%
"A" Rating
5.25%
Y
Local Agency
Investment
N/A
None
None
36.8%
Y
Fund (LAIF)
Investment Environment:
The current environment for the types of investments we are allowed to purchase remains one of very low returns,
and continued uncertainty about future rate increases. Since security and liquidity are more important than rate of
return in our policy, we are limited to very low risk investments which therefore have a lower interest rate. The
Federal Reserve is looking to possibly raise rates in December of 2015, but the lower than desired inflation and
erratic international markets are giving pause to that possible increase. While many economists believe that
December, 2015 is the time for an increase, a few believe the increase will be pushed back to March 2016. The
market priced in for an increase in September, and when that failed to materialize rates quickly dropped back to
prior levels. While short -term rates have not changed very much from June 301h to September 30th, the long -term
rates have decreased to slightly below the June Rates, close to the March rates previously reported.
Page 12
WK
The graphs and charts below show some of the key interest rates on items we invest in. As rates are expected to rise
over the next few years, we want to time our investments to take advantage of the increases as they occur.
1.80
1.60
1.40
1.20
v
1.00
v
0.80
0.60
0.40
0.20
0.00
0
1 Mo
US Treasury Bonds Yield Curve as of 9/30/15
3 Mo 6 Mo 1 Yr 2 Yr 3 Yr 5 Yr
L-
US Treasury Bonds
Maturity
3 Month
6 Month
4-9/30/2015 -4F- •6/30/2015
Composite Bond Rates (as of 9/30/15
Yield Yesterday Last Week Last Month
(0.03) (0.04) (0.02) (0.03)
0.02 0.01 0.01 0.20
2 Year
0.61
0.64
0.65
0.72
3 Year
0.88
1.33
Yield
0.48
0.37
0.64
1.09
0.91 0.96
1.36 1.43
Yesterday Last Week
0.45 0.52
0.34 1 0.43
0.64 0.69
1.12 1.17
1.03
1.53
Last Month
0.49
0.37
5 Year
Municipal Bonds
Maturity
2yr AA
2yr AAA
2yr A
0.66
5yr AAA
1.13
5yr AA
1.16
1.17
1.21
1.25
5yr A
1.56
1.45
1.49
1.48
Page 13
21
Corporate Bonds
Maturity
Yield
Yesterday
Last Week
2yr AA
0.89
0.90
0.91
2yr A
1.05
1.07
1.08
5yr AAA
1.50
1.52
1.59 i
5yr AA
1.76
1.77
1.82
5yr A
2.11
2.12!
2.16
Data Provided bT ValuBond.
Source: http: // finance .vahoo.com /bonds /composite bond rates
Last Month
1.01
1.16
1.76
1.98
2.26
Cash Flow Analysis:
The chart below shows the historical cash flow for the last 12 months. We can see that the majority of our funds are
received in the second quarter of the fiscal year, January thru March, primarily due to Business License Renewals and
the annual Chevron Payment. We also receive Sales and UUT taxes during the first few months of the year as well.
Our investments will be purchased with the liquidity relative to our cash flow needs.
16,000,000
14,000,000
12,000,000
10, 000, 000
c
o 8,000,000
a
4,000,000
2,000,000
Rolling 12 Month Cash Flow Analysis Total Receipts
-Total Disbursements
0 I=- -
Oct-14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jul -15 Aug -15 Sep -15
This chart shows the net change in Cash as related to the Cash Flow Analysis above. Some of the larger
disbursements occur in the third and fourth quarters of the fiscal year. During Q -3, March to June, we have
a significant payment to CalPERS for our Other Post - Employment Benefits, and in Q -4, July- September, a
Page 14
22
payment to ICRMA for our citywide insurance premiums, and a large infrastructure payment for roadwork
which was completed several years ago.
. 111 111
4,000,000
2,000,000 —
M
(2,000,000)
(4,000,000)
. 111 111
Rolling 12 Month Net Change in Cash Net Change in
Cash
Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jul -15 Aug -15 Sep -15
Additional Economic Indicators.
Economic Proiections from September Meeting
The Economic Indicators presented below are key items that the Federal Reserve will look at in deciding
whether or not to change interest rates going forward.
The GDP, or Gross Domestic Product, represents the market value of all goods and services produced by
the economy during the period measured, including personal consumption, government purchases, private
inventories, paid -in construction costs and the foreign trade balance (exports are added, imports are
subtracted). This is a key indicator the Federal Reserve will look at when deciding on interest rate changes.
The target level for GDP is in the 2.5% to 3.5% range.
The Unemployment Rate shows the percentage of the labor force that is unemployed but seeking work.
The target level for Unemployment is around 5.6 %.
The PCE Inflation is the Personal Consumption Expenditures rate of inflation. This index is essentially a
measure of goods and services targeted toward individuals and consumed by individuals. The long term
inflation target is around 2% per year. Core PCE Inflation excludes items such as food and energy due to
the nature of their potential price swings.
Page 15
23
Fed Economic Projections (central tendencies
Variable 2015 2016
Change in real GDP 2.0 -2.3 2.2 -2.6
June projection 1.8-2.0 .2.4-2.7
as of
2017
2.0 -2.4
2.1-2.5
September
2018
1.8 -2.2
n.a.
2015)
Longer run
1.8 -2.2
2.0-2.3
Unemployment rate
5.0 - 5.1
4.7-4.9
4.7-4.9
4.7-5.0
4.9-5.2
June projection
5.2 - 5.3
4.9-5.1
4.9-5.1
n.a.
5.0-5.2
PCE inflation
0.3 - 0.5
1.5-1.8
1.8-2.0
2.0
2.0
June projection
0.6 - 0.8
1.6-1.9
1.9-2.0
n.a.
2.0
Core PCE inflation4
1.3 - 1.4
1.5-1.8
1.8-2.0
1.9-2.0
June projection
1.3-1.4
1.6-1.9
1.9-2.0
n.a.
Memo: Projected appropriate
policy
path
Federal funds rate
0.1 -0.6
1.1 -2.1
2.1 -3.4
3.0 -3.6
3.3 -3.8
June projection
0.4 - 0.9
1.4-2.4
2.4-3.8 1
n.a.
3.5-3.8
Unemployment
01114 03114 05114 07114 09114 11114 01115 03115 05115 07115 09115
Month
Source: O t v n surve rnost ?bls
Page 16
24
Inflation:
2.5
2.0
1.5
1.0
0.5
(0.5)
4.5
4.0
3.5
3.0
2.5
2.0
�o
1.5
1.0
0.5
(0.5)
(1.0)
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Source: htt www.usinflationcalculator.com inflation current - inflation -rates
Inflation Rates by Month
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Average Inflation Rates by Year
2014
—11-2015
I
Page 17
25
Retail Trade & Food Services, ex Auto, US Total
360,000 Seasonally Adjusted Sales (Millions of $)
355,000 _
350,000 Y
2014
345,000 2015
340,000
335,000
330,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Source: United States Census Bureau - http: / /www.census.gov /retail /index.html
Investment Strategy:
It is the City and City Treasurer's policy to invest funds in accordance with the Investment Policy and to meet all legal
requirements regarding the safeguarding of funds.
As a part of the City's migration to a new banking structure, we have maintained a cash balance in order to offset our
bank fees, and are now looking at our cash flow needs in order to determine which investments will maximize return
while providing the proper level of liquidity.
The Liquidity Schedule provides an overview of when our current investments are due to mature. We will plan our
future investments to coordinate with these maturities in order to ensure a liquidity balance to our portfolio. The
Investments by Security Type schedule provides an additional breakdown of how our funds are presently allocated.
The Portfolio Summary for the month is included as an attachment to this report.
Page 18
26
Additional Notes:
The City has funds of $208,817.84 which belong to the El Segundo Senior Citizens Housing Development Corporation
and are a part of our LAIF balance. There are also LAWA RSI (Los Angeles World Airports Residential Sound
Insulation) funds of $15,423,283.33 included in the City's LAIF balances. The applicable interest for these accounts is
accrued monthly and posted quarterly in the same manner as the regular City LAIF interest posting.
Page 19
27
City of El Segundo
Investment Advisory Committee
Liquidity Schedule
As of: September 30, 2015
$18,000,000.00
$16,000,000.00
$14,000,000.00
$12,000,000.00
$10,000,000.00
$8,000,000.00
$6,000,000.00
$4,000,000.00
$2,000,000.00
$0.00
Page 1 10
Subtotal $43,684,438.34
Grand Total $71,829,494.20
Investment Portfolio
subtotal $54,704,980.58
Investments by Maturity Date
100.00%
Market Value
I
I
'-�
�i
o�A 0I ©� 0 Al ea�� easy �a�y easy
o,
Cumulative
% of
% of Total
Total
Cumulative
Item
Availability
Market Value
Balances
Assets
Assets
Cash in Bank
Chase
Immediate
$17,124,513.62
Union Bank - Trust Account
Immediate
$423.81
Cash in Bank - Total
$17,124,937.43
$17,124,937.43
23.84%
23.84%
L.A.I.F. (State of California)
LAIF Immediate
$11,020,118.43_
$28,145,055.86
39.18%
15.34%
Cash Immediate
$28,145,055.86
L.A.I.F. - LAWA (Restricted)
LAIF Immediate
$15,423,283.33
$43,568,339.19
60.66%
21.47%
Portfolio Investments:
< 30 Days
$249,072.21
$43,817,411.40
61.00%
0.35%
31 to 90 Days
$998,489.90
$44,815,901.30
62.39%
1.39%
91 to 180 Days
$500,660.00
$45,316,561.30
63.09%
0.70%
181 to 365 Days
$2,259,110.02
$47,575,671.32
66.23%
3.15%
1 to 2 Years
$7,376,684.29
$54,952,355.61
76.50%
10.27%
2 to 3 Years
$10,152,969.44
$65,105,325.05
90.64%
14.13%
3 to 4 Years
$4,246,004.35
$69,351,329.40
96.55%
5.91%
4 to 5 Years
$2,478,164.80
$71,829,494.20
100.00%
3.45%
$18,000,000.00
$16,000,000.00
$14,000,000.00
$12,000,000.00
$10,000,000.00
$8,000,000.00
$6,000,000.00
$4,000,000.00
$2,000,000.00
$0.00
Page 1 10
Subtotal $43,684,438.34
Grand Total $71,829,494.20
Investment Portfolio
subtotal $54,704,980.58
Investments by Maturity Date
100.00%
Market Value
I
I
'-�
�i
o�A 0I ©� 0 Al ea�� easy �a�y easy
o,
City of El Segundo
Investment Advisory Committee
Investments by Security
Type
As of: September 30, 2015
Item
Cash in Bank
Chase
Union Bank - Trust Account
L.A.I.F. (State of California)
Availability Market Value
Immediate $17,124,513.62
Immediate $423.81
Cash in Bank - Total $17,124,937.43
LAIF Immediate $11,020,118.43
Cash Immediate $28,145,055.86
L.A.I.F. - LAWA (Restricted) LAIF Immediate $15,423,283.33
Portfolio Investments CD's $9,197,336.71
Gov't Obligations $15,290,373.30
Bonds $3,773,445.00
Subtotal $43,684,438.34
Grand Total $71,829,494.20
Investment Portfolio
subtotal $54,704,980.58
Investments by Security Type
$3,773,445.00
Page 11
Cumulative
% of
% of Total Total
Cumulative
Balances Assets Assets
$17,124,937.43
23.84%
23.84%
$28,145,055.86
39.18%
15.34%
$43,568,339.19
60.66%
21.47%
$52,765,675.90
73.46%
12.80%
$68,056,049.20
94.75%
21.29%
$71,829,494.20
100.00%
5.25%
100.00%
Cash Immediate
ig LAIF Immediate
LAIF - LAWA
rr CD's
Gov't Obligations
Bonds
WE
EL SEGUNDO CITY COUNCIL MEETING DATE: December 15, 2015
AGENDA STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding (Public Hearing) the proposed project and
budget for the 2016 -17 Community Development Block Grant (CDBG) Program Year.
The estimated CDBG budget allocation for Program Year 2016 -2017 is approximately
$53,124. (Fiscal Impact: $53,124).
RECOMMENDED COUNCIL ACTION:
1. Open public hearing and take testimony;
2. Close public hearing and discuss item;
3. Adopt the new 2016 -2017 CDBG project and budget;
4. Authorize the City Manager to execute the contracts, in a form approved by the City
Attorney, with the Los Angeles County Community Development Commission
(CDC); and /or,
5. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: $53,124
Amount Budgeted: Total CDBG $53,124
Account Number(s): CDBG Fund 111 `
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Sam Lee, Director of Planning d Building Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the
Federal Housing and Urban Development Department (HUD) and administered through the Los
Angeles County Community Development Commission (CDC). Participating cities receive
funding based upon the total number of cities participating in the County's program, census
population counts, estimates of poverty, overcrowding and aged housing stock.
Since 1986, the City of El Segundo participated in the annual Los Angeles Urban County's
CDBG Program. In order to continue its participation in the upcoming 2016 -2017 Program
Year, which begins on July 1, 2016, and ends on June 30, 2017, the City of El Segundo must
prepare and submit its proposed CDBG action plan and /or project descriptions to the Los
WE
Angeles County Community Development Commission (CDC) by February 1, 2016, for review
and approval.
Pursuant to Federal requirements, notice of this public hearing was posted in public buildings
within the City. Federal requirements also mandate that as part of the hearing, the Council and
public be informed of the range of eligible housing and community development activities that
may be funded under the CDBG program. Interested persons may obtain a copy of the Federal
eligibility guidelines, available at the City of El Segundo's Department of Planning and Building
Safety, during regular business hours.
Proposed CDBG Projects and Budgets
The proposed 2016 -2017 CDBG allocation for the City of El Segundo is $53,124. This proposed
CDBG allocation is a planning estimate only; the Los Angeles County Community Development
Commission (CDC) will release final appropriations in Spring 2016. The City's final CDBG
allocation is generally within 10% of the estimate provided.
Prior Year CDBG Action Plan 2015 -2016
In 2015 -2016, the City's annual allocation of CDBG funds will support the removal of existing
concrete curbs with steep grades and replace with American with Disabilities Act (ADA)
compliant accessible concrete ramps. Removal of architectural barriers to improve mobility and
accessibility of senior adults and severely handicapped persons is an example of an eligible
project under the CDBG Program.
The CDBG- funded ADA Curb Ramp Improvement project is part of the City's continuing effort
to comply with the Americans with Disability Act (ADA) requirements that eliminate
architectural barriers that impede access to public facilities. Since 2006, more than 325
accessible sidewalk ramps have been installed throughout the City.
Environinewayl Assessment
This action is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) which is the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment and CEQA does not apply where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the environment.
Recommended 2016 -2017 CDBG Action Plan
Staff recommends that the 2016 -2017 CDBG Program Year allocation totaling approximately
$53,124 be used to continue the implementation of ADA accessible curb ramps at various
intersections throughout the City. It is anticipated that approximately eight to ten accessible
concrete ramps will be installed.
P:\Planning & Building Safety \CDBG \CDBG _NEW\CDBG 2016_2017 PROGRAM YEAR \CDBG 2016.17 ccmtg
2015.12.15.doc
2
31
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: December 15, 2015
AGENDA HEADING: Unfinished Business
Consideration of the El Segundo South Campus Specific Plan Project (ESSCSP) for property
generally located at 2000 to 2100 El Segundo Boulevard owned by the Raytheon Company.
(Fiscal Impact: If approved, the project would provide $4,000,000 in direct payment revenue;
up to $1,071,228 in direct payment revenue related to development fee per square foot; an
estimated $11,893,000 roadway infrastructure; $75,000 for bicycle parking; and potentially
$375,000 for wastewater infrastructure improvements).
RECOMMENDED COUNCIL ACTION:
That the City Council:
1. Continue discussion;
2. After considering the evidence: (a) adopt a Resolution certifying the Environmental
Impact Report (EIR) (Environmental Assessment No. EA -905), adopting a statement of
overriding considerations, amending the General Plan and General Plan Map (No. GPA
11 -01), and approving a Vesting Tentative Map (No. SUB 11 -02); and b) introduce, and
waive first reading, of an Ordinance adopting a Specific Plan (ZTA 11 -01 and SP 1I-
01), approving a Development Agreement (DA 11 -02), and amending the Zoning Map;
3. Schedule second reading and adoption of the Ordinance for January 19, 2016; and
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft City Council Resolution and attachments including:
a. Draft Project Conditions of Approval
b. Amendment to General Plan Land Use Designations subsection
c. Amendment to General Plan Land Use Plan Southeast Quadrant subsection
d. Amendment to 1992 General Plan Summary of Existing Trends Build -out
e. General Plan Land Use Map Amendment
f. Mitigation Monitoring and Reporting Program
g. Environmental Findings of Fact and Statement of Overriding Considerations
h. Final Environmental Impact Report (State Clearinghouse Document #2012101081)
i. Vesting Tentative Map (VTM) No. 71551
2. Draft City Council Ordinance and Exhibits including:
a. Zoning Map Amendment
b. Draft El Segundo South Campus Specific Plan
c. Draft Development Agreement
d. Draft Conditions of Approval
3. Development Agreement - Strike - through / Underline Version
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Masa Alkire, AICP, Pririicripal Planner & Kimberly Christensen, AICP, Planning
32
� Q ,,
Manager ,
REVIEWED BY: Sam Lee, Director of Planning d Building Safety So�
APPROVED BY: Greg Carpenter, City Manager
I. INTRODUCTION
On November 17, 2015, the City Council opened a public hearing regarding the El Segundo
South Campus Specific Plan Project. Staff made a presentation introducing and analyzing the
Project. The traffic engineer from the City's environmental consultant made a presentation on
the traffic analysis completed for the Project. Representatives of the Raytheon Company made
a presentation providing details about the Company as well as information on the applicant's
goals for the proposed Project. The City Council, after hearing public comment, questioning
staff and the applicant on details of the Project and then continued the Project's public hearing
to December 1, 2015. The Council gave direction to staff to make modifications to the Project's
Development Agreement, Resolution and Ordinance to incorporate the following project
revisions:
Increase the total amount of the six annual payments from $3,000,000 to
$4,000,000 (with a modified payment schedule in years 2 through 6).
Include language in the Development Agreement, Resolution and Ordinance to
allow for the possibility of the City accepting the 7.54 acre recreational area
identified on the Project plans as a public park under the following conditions: 1)
Raytheon locates the recreational area outside its future secured perimeter (either
west or south of the Nash Street Extension or west of the Continental Boulevard
Extension) and; 2) the City chooses to accept the land as a park.
On December 1, 2015 the Raytheon Company submitted additional revisions and corrections to
the Draft Development Agreement. In order to provide time to review the material submitted
by Raytheon, the Council to action at its December 1, 2015 public hearing to continue the item
to December 15, 2015. The requested project modifications were made to the draft documents
and are attached for the Council's review.
II. PROJECT APPLICATIONS
The application includes the following:
1) Environmental Assessment No. EA -905 California Environmental Quality Act
(CEQA) and State Clearing House (SCH) No, 2012101081. — An Environmental Impact
Report (EIR) for Environmental Assessment No. EA -905 is proposed for the ESSCSP
pursuant to the authority and criteria contained in CEQA and the CEQA Guidelines. (See
Exhibit Lh.). The City Council cannot approve the project without adopting findings of fact
and a statement of overriding considerations.
2) General Plan Amendment/ General Plan Man Amendment No GPA 11 -01 — Amend
the General Plan to Re- designate the project site from Light Manufacturing to El Segundo
South Campus Specific Plan (ESSCSP) (see Exhibits l.b., I.c., I.d., and Le.)
2
33
3) Zone Change No. ZC 11 -02 — Amend the Zoning Map to rezone the project site from the
Light Manufacturing (M -1) Zone to the El Segundo South Campus Specific Plan (ESSCSP)
Zone (see Exhibit 2.a). The requested rezoning will allow for consistency with the proposed
General Plan Amendment.
4) Specific Plan No. SP 11 -01 — Designation of the El Segundo South Campus Specific Plan
(ESSCSP) for the project site that establishes the development standards within the Specific
Plan (see Exhibit 2.b.).
5) Zone Text Amendment No. ZTA 11 -01 — Zone Text Amendment to add the El Segundo
South Campus Specific Plan as ESMC § 15- 3- 2(A)(10) "El Segundo South Campus
Specific Plan."
6) Development Agreement No. DA 11 -02 — Approve the Development Agreement to
provide public benefits in exchange for development rights (ten -year entitlement with the
option for a five year extension) (See Exhibit 2.c.).
7) SUIT 11 -02 for Vestin f Tentative Ma VTM) No. 71551 — A subdivision to allow the
division of land into 26 separate parcels in three phases. (See Exhibit Li.).
III. DISCUSSION
Council Directed Modifications to the Development Agreement
The City Council's November 17, 2015 public hearing included extensive staff, traffic
consultant and applicant presentations on the proposed Project. Three individuals commented
during the public comment period. The first was Mr. Baldino, the Chair of the Planning
Commission who summarized the Planning Commission's Project recommendation to the City
Council. Mr. Baldino identified that the Project's basic premise is taking a large tract of land
and adding value to the land by modifying the site's land use regulations. The Planning
Commission recommendation identifies that the Commission's opinion of the entire package of
benefits to the City comes up short when balanced against the potential impacts identified in
the Project's EIR. Mr. Baldino identified that further negotiation on the Development
Agreement may resolve the issue of balance between Project's impacts and public benefits. The
second commentator, Mike Robbins, identified he was concerned about the project's future
traffic, hoped that the Project did not signal Raytheon moving from the City, and was
concerned that the Raytheon Campus' existing open space will be reduced in size. The third
commentator, Julie Stolnak, was also concerned with the reduction in recreational open space
area.
Much of the City Council's deliberation focused on the Project's traffic impacts. The Council
asked staff whether the LAX expansion projects and other potential sources of traffic growth
were included in the traffic study. Staff noted that LAX expansion projects are included in the
traffic study. In addition the study includes a future traffic growth factor above and beyond
identified surrounding projects ( "Cumulative Projects ") to ensure a conservative analysis of
future traffic growth. Council inquired if additional intersection mitigations could be identified.
Staff stated feasible mitigations that do not require the taking of private property and do not
require modification of large scale infrastructure, such as overhead rail lines, have been
included in the mitigations for the project. The Council identified that the timing of the Nash
3
34
Street extension was a major concern. Council deliberated on creating an additional potential
penalty to motivate the applicant to build the road within six years or be required to pay an
additional $1,000,000 was discussed. After discussing this topic the Council instead directed
Staff to add $1,000,000 to years two through six of the previously identified direct payments to
the City. The modified required payments are as follows:
Year
Original Direct Payment
Amount
Revised Direct Payment
Amount
1
$500,000
$500,000
2
$500,000
$700,000
3
$500,000
$700,000
4
$500,000
$700,000
5
$500,000
$700,000
6
$500,000
$700,000
TOTAL
$3,000,000
$4,000,000
City Council also deliberated regarding access to the public open space. There was discussion
on whether the City would want the land to be a public park. Raytheon indicated a willingness
to give the land to the City as a public park under the condition that the land not be located in
the secured area the Company intended to keep around their facility. Council members
discussed whether the City wanted the additional expenses of maintaining another public park.
After discussing the issue, the Council directed staff to add language to the Development
Agreement, Resolution and Ordinance to give the City a 20 -year option to take the land as a
public park if the recreation area was re- located into an area Raytheon was not intending to
keep secured. An unsecured area was identified as located on the `outside' of the Nash Street
extension (to the south or east) and Continental Boulevard extension (to the west). Should the
Council wish to acquire the land and designate it a park that would be open to the general
public at some point in the future rather than limited to property owners and tenants within the
Specific Plan area, additional environmental analysis would be necessary to evaluate any
environmental impacts (e.g. such as impacts from increased traffic) before the Council could
exercise that option.
Raytheon Re uested Modifications to the Development Agreement
Raytheon requested numerous changes to the Development Agreement. The changes primarily
clarify information, provide internal consistency with language in the Specific Plan, and correct
minor typographical errors. A strikeout/underline version of the Development Agreement is
provided to show what language is being added, modified and deleted.
IV. CONCLUSION AND RECOMMENDATION
Staff's recommendation is for the Council to approve the project as all revisions requested by
the Council at the November 17, 2015 hearing have been incorporated into the attached revised
documents. A review of the record demonstrates that there is substantial evidence for the City
Council to make the findings needed to adopt the Statement of Overriding Considerations
(which relies, in significant part, upon the public benefits offered in the draft Development
Agreement); certify the EIR (and adopt the MMRP); and make the land use approvals (General
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Plan Amendment, Zone Change, Zone Text Amendment, Specific Plan, and Subdivision and
Development Agreement).
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 905 \City Council \City Council 12.1.2015\EA -905 CC
report..12.15.2015.doc
36
EXHIBIT 1
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (ENVIRONMENTAL ASSESSMENT NO. EA -905) FOR THE EL
SEGUNDO SOUTH CAMPUS SPECIFIC PLAN PROJECT; MAKING
FINDINGS OF FACT AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING GENERAL PLAN AMENDMENT AND
GENERAL PLAN MAP AMENDMENT NO. GPA 11 -01; AND
APPROVING SUBDIVISION NO. SUB 11 -02 FOR VESTING TENTATIVE
MAP NO. 71551.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. On December 8, 2011, the Raytheon Company filed an application for
Environmental Assessment No. EA -905; General Plan Amendment and
General Plan Map Amendment No. GPA 11 -01; Specific Plan No. SPA 11-
01; Zone Change and Zoning Map Amendment No. ZC 11 -02; Zone Text
Amendment No. 11 -01; Development Agreement No. 11 -02; and
Subdivision No. 11 -02 for Vesting Tentative Map No. 71551 for 26 parcels
to re- designate and rezone an approximately 142 -acre property at 2000-
2100 East El Segundo Boulevard from Light Manufacturing (M -1) Zone to
El Segundo South Campus Specific Plan (ESSCSP) to establish
development standards for the site (collectively, the "project ");
B. The applications 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 ");
C. 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);
D. An Environmental Impact Report (EIR) was prepared pursuant to the
requirements of CEQA Guidelines § 15161;
E. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before the Planning
Commission for February 12, 2015;
F. On February 12, 2015, the Commission held a public hearing to receive
public testimony and other evidence regarding the applications including,
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without limitation, information provided to the Commission by City staff and
public testimony, and representatives of the Raytheon Company and
continued the item;
G. On October 22, 2015, the Commission reopened the continued public
hearing on the item to receive additional information regarding project
revisions, in particular changes to the Development Agreement public
benefits. Following the public hearing the Planning Commission adopted
Resolution No. 2765 recommending that the City Council certify the
Project's EIR; and adopt the General Plan Amendment and General Plan
Map Amendment, Specific Plan, Zone Change and Zoning Map
Amendment; approve the Subdivision for Vesting Tentative Map No. 71551;
and disapprove the draft Development Agreement;
H. On November 17, 2015, the City Council held a duly advertised public
hearing in the Council Chamber of the El Segundo City Hall, 350 Main
Street to receive public testimony and other evidence regarding the
applications including, without limitation, information provided to the Council
by City Staff, public testimony, and representatives of the Raytheon
Company;
On December 1, 2015 the City Council reopened the continued public
hearing on the item to receive additional information regarding project
revisions the Council directed staff and the applicant to make; and
J. This Resolution and its findings are made based upon the testimony and
evidence presented to the City Council at its December 1, 2015 public
hearing 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 project site is located at 2000 -2100 East El Segundo Boulevard in the
southeast quadrant of the City of El Segundo;
B. The project site is a level 142 -acre site located south of East El Segundo
Boulevard, in the block between South Sepulveda Boulevard and South
Douglas Street;
C. The surrounding land uses are primarily low and high -rise office buildings
to the north (CO and MU -N Zones); a City retention basin and light industrial
uses to the south (M -1 and O -S Zones); light industrial uses and the
elevated Metro Green Line track and station to the east (M -1 Zone); and
SCE high voltage transmission lines, municipal golf course, and West Basin
Municipal Water District facility (O -S and P -F Zones) to the west;
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D. The project site is currently developed with the Raytheon Company's Space
and Airborne Systems (SAS) facility. There is currently 1,802,513 net
square feet (2,089,000 million gross square feet) of development in 11
buildings and 6,873 parking spaces located in 20 surface lots on the site.
The floor area ratio (FAR) of current development on the site is 0.29;
E. Existing development on the project site was originally approved in 1978
through Precise Plan #3 -78 that allowed for 2,575,000 square feet of
development. The original precise plan was modified through numerous
amendments and a precise plan map was established in 1983. The last
amendment to the precise plan (Ordinance No. 1103) occurred in 1987. The
existing entitlement allows for 2,017,903 net square feet of total
development, which is 215,390 net square -feet in development more than
the existing development on the site. The allowable FAR under the current
entitlement is approximately 0.325;
F. When the original precise plan for the project site was approved, the
underlying zoning was Commercial- Manufacturing (C -M). At that time, the
C -M Zone did not have a maximum FAR development standard. By 1988,
the C -M Zone had a maximum FAR requirement of 1.0. In the early 1990s
the project site was re -zoned Light Industrial (M -1), which limits FAR to 0.6;
G. The project is a mixed -use concept allowing for flexibility regarding the
location and density of development within the specific plan area. The
Specific Plan has mechanisms to allow the transfer of land use types and
density within the plan area;
H. The overall development within the Specific Plan area cannot exceed an
FAR of 0.60, based on the 142.2 gross acre size of the project site. This
would allow for a maximum of 1,930,000 net square feet of new
development on the project site and a total maximum development (both
existing and new) of 3,718,889 net square feet;
Development standards for allowable uses have been developed for the
Specific Plan and all uses within the Plan area must be compliant. The
allowed uses identified in the development standards include: Office,
Financial Institutions, Light Industrial Uses, Research and Development,
Movie and Entertainment Facilities, Data Centers, Storage and
Warehousing, Health Clubs, Recreational Facilities, Restaurants and
Cafes, Retail and Hotels (subject to existing deed restrictions);
J. The total number of traffic trips for new development in the project area
cannot exceed the trip ceiling established in the Specific Plan. The trip
ceiling for new development consists of 3,120 new p.m. peak hour trips (631
p.m. peak hour inbound trips, and 2,489 p.m. peak hour outbound trips),
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3,042 a.m. new peak hour trips (2,634 a.m. inbound trips and 408 a.m.
outbound trips) and 26,585 total new daily trips;
K. The proposed General Plan re- designation and rezoning of the Project Site
would change the General Plan land use designation from Light Industrial
to the El Segundo South Campus Specific Plan (ESSCSP) land use
designation and rezone the area from the Light Manufacturing (M -1) Zone
to the El Segundo South Campus Specific Plan (ESSCSP) Zone;
L. The ESSCSP contains three land use designations. These are:
Commercial /Office Mixed Use (CMU), Office /Industrial Mixed Use (0/1 MU)
and Open Space /Recreation (OS /REC). The CMU designation applies to
six parcels comprised of 24 acres. THE 0/1 MU designation applies to 11
parcels consisting of 86.6 acres and the OS /REC designation includes 6
parcels consisting of 12 acres. Three un -zoned parcels consisting of 13.6
acres in area are designated as public or private roadways;
M. The project application included a site plan illustrating a Conceptual
Development Scenario. The Conceptual Development Scenario contains
the following components: 1,788,889 net square feet of existing
development, 133,000 net square feet of new retail development, 82,000
net square feet of new warehouse development, 150,000 net square feet of
new light industrial development, 1,565,000 net square feet of new office
development and a 7.54 -acre private outdoor recreational facility;
N. The Project includes a 100 -foot wide new public roadway on the east side
of the Project site that will connect Nash Street to South Hughes Way. The
applicant will be required to construct and dedicate this roadway to the City
before occupying any building that produces new traffic trips beyond the trip
ceiling of 89 new a.m. peak period trips or 225 p.m. peak period trips;
O. The Project includes completion of a 4t" eastbound travel lane on El
Segundo Boulevard along the entire frontage of the Specific Plan area. The
applicant is required to construct this roadway improvement as parcels with
frontage on El Segundo Boulevard are constructed;
P. The Project includes requirements to extend Continental Boulevard to be a
publicly accessible roadway if non - Raytheon users occupy buildings
adjacent to that roadway;
Q. The Project includes the construction of a six -foot wide Class I bicycle path
adjacent or near El Segundo Boulevard. The Project also includes Class II
bicycle lanes in the roadway of the Nash Street extension;
R. The Project includes a $75,000 payment towards construction of bicycle
parking facilities at or adjacent to the Metro Green Line El Segundo Station.
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The Project also includes a requirement that a pedestrian access walkway
be provided on the eastern side of the project area to provide access to the
Metro Green Line Station;
S. The Project includes a 20 -year offer to dedicate Parcels 20 and 22 of
Vesting Map No. 71551 to allow a potential future roadway connection from
the Nash Street extension to Coral Circle. A 20 -year offer to dedicate Parcel
26 is also included in the project to allow potential future roadway access to
the east side of the City municipal golf- course if the Continental Boulevard
roadway becomes publicly accessible;
T. The Project includes a provision to allow the applicant to connect to the
existing City sewer line in El Segundo Boulevard if a contribution of 25% of
the cost, up to a maximum of $375,000, of up- grading that sewer line to
increase capacity is paid to the City of El Segundo at the time the City
awards the project but not later than December 31, 2018;
U. The Project conditions require the Applicant to allow access to the 7.54 -
acre recreational area identified on Parcel 11 if more than 28.44 acres of
the plan area is sold to non - Raytheon users. In addition, the Applicant must
record a 20 -year offer of dedication of the 7.54 acre recreation /open space
area to the City of El Segundo, in a form approved by the City Attorney, for
future potential park purposes in accordance with the Development
Agreement if located on any of the lots (Parcel 1, 2, 3, 4, 7, 8, 13 or 14 of
Vesting Map No. 71551) outside the Raytheon security fenced perimeter;
V. The Project provides that the applicant would pay the City one $500,000
installment and five $700,000 installments for the City's General Fund to be
made annually starting on March 31, 2016 and ending on March 31, 2021.
These revised payments cannot be used as credit against future
development impact fees. The six required payments result in a total of
$4,000,000 in new General Fund revenue;
W. The Project provides that the applicant would pay the City an additional
$5,000,000 if the Nash Street road extension is not completed within 10
years after the project is approved. If the Nash Street roadway extension is
not completed within 10 years, the City will receive a total of $9,000,000 in
new General Fund revenue through direct payments from the applicant; and
X. The Project provides that the applicant would pay the City a $.50 per square
foot fee for all future development on the site. Future revenue collected from
this fee would go to the City's General Fund and could be used for any
purpose the City chooses.
SECTION 3: Environmental Assessment. The City Council makes the following
environmental findings:
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A. The City completed a Draft Environmental Impact Report (DEIR) for this
project. A noticed Public Scoping meeting was held on November 5, 2012
pursuant to CEQA Guidelines §15083. A Notice of Preparation of the DEIR
was circulated for public review from October 29, 2012 to November 28,
2012 pursuant to CEQA Guidelines §15082. A Notice of Completion for the
DEIR was filed with the State Office of Planning and Research on July 14,
2014 pursuant to CEQA Guidelines §15085. The public comment and
review period for the DEIR was open between July 14, 2014 and August 27,
2014 in compliance with CEQA Guidelines §15087;
B. The Final EIR, which is attached as Exhibit "H," and incorporated by
reference, was reviewed by the City Council and the information contained
in the Final EIR was considered by the City Council before approving or
denying the project in accordance with CEQA Guidelines §15090;
C. Pursuant to CEQA Guidelines §15090 the Final EIR reflects the City's
independent judgment and analysis. The City Council has independently
reviewed and analyzed the Draft EIR prepared for the Project. The Draft
EIR is an accurate and complete statement of the potential environmental
impacts of the project. The Final EIR was prepared under the City's direction
and reflects its independent judgment and analysis of the environmental
impacts and comments received on the Draft EIR;
D. The Draft EIR generally identifies, for each potentially significant impact of
the project, one or more corresponding mitigation measures to reduce
impacts to a level of insignificance, with the exception of air quality and
noise impacts. The City Council finds that nearly all of the potentially
significant impacts identified in the Draft EIR are mitigated by corresponding
mitigation measures to the extent set forth in the Draft EIR;
E. In accordance with CEQA Guidelines §15091, the City Council has
considered written findings regarding each of the significant environmental
effects identified in the DEIR before certifying the Final EIR. Each finding
includes a rationale of how mitigation measures have lessened identified
significant environmental effects to a less than significant level for those
effects that have been identified as mitigatable. For the four environmental
effects that have been identified in the DEIR as not mitigatable to a less
than significant level (Land Use and Planning, Transportation and Traffic,
Air Quality and Greenhouse Gas Emissions), the findings provide a
rationale on how proposed mitigation measures have substantially lessened
these four environmental effects;
F. The DEIR states that the City Council must adopt a Statement of Overriding
Consideration if it wishes to approve the project. In accordance with CEQA
Guidelines §15093 a Statement of Overriding Consideration was included
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in the project's record for City Council consideration. This statement
identifies specific reasons why to support approval of the project based on
information in the EIR and in the project's record; and
G. The specific issues included in the Statement of Overriding Considerations
considered by the City Council are: a) The Project will help foster economic
development, business retention, municipal tax base and job creation in the
City; b) The Project provides the opportunity for the City's largest employer
to grow and expand operations within the City; c) Project approval will
trigger one annual payment of $500,000 and five subsequent annual
payments of $700,000 towards the City's General Fund for a total of
$4,000,000 that can be used by the City for any purpose; d) If the Nash
Street Extension roadway improvements are not completed within 10 years
of project approval, then the applicant would pay the City an additional
$5,000,000; e) An additional fee of $.50 per square foot of new development
is required to be paid as development of the project occurs (resulting in
$1,000,000 if the conceptual plan is fully built); f) Roadway improvements
consistent with the General Plan will result from the Project; g) Bicycle and
Pedestrian network improvements will be constructed as part of the project;
h) Increased density at the project location is consistent with regional growth
strategies, such as the SCAG Compass Blueprint Growth Vision Program;
and i) The project could result in potential benefits such as access to
additional land for roadway links, potential for the City to accept land for a
new public park and a monetary contribution, up to $375,000, to City sewer
improvements.
Section 4: General Plan and Specific Plan. If approved, the project conforms to the City's
General Plan, with the exception of Circulation Element policies C1 -1.2, C1 -1.5, and C1-
1.10. The statement of overriding considerations finds that the public benefits resulting
from the Project overcomes the inability to comply with these three Circulation Element
policies. Conformance with the rest of the General Plan and the El Segundo South
Campus Specific Plan is as follows:
A. Following a General Plan Amendment, the General Plan Land Use
Designation of the project site would be "El Segundo South Campus
Specific Plan (ESSCSP)." This designation is intended to create a plan area
that is a flexible mixed -use concept. The Specific Plan contains
mechanisms that allow the transfer of land use types and density within the
plan area. As conditioned, the proposed project is compatible with the
General Plan with the exception of the previously cited Circulation Element
policies.
B. The General Plan contains a number of relevant Goals, Objectives, and
Policies in the Land Use Element. Implementation of the proposed project
is consistent with Land Use Element Policy LU4 -1.1 to "require landscaping,
its maintenance and permanent upkeep on all new commercial
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development." The Specific Plan requires a Master Landscape Concept
Plan to be submitted before any development occurs in the Specific Plan
area and all development will be reviewed to ensure consistency with this
Master Landscape Plan.
C. The proposed project is consistent with Land Use Element Policies LU4 -3.2
to "encourage mixed -use developments within one quarter mile of Green
Line Stations "; LU4 -4.4 to "promote commercial uses, in conjunction with
other uses, in buildings within a quarter -mile walking radius of the Green
Line stations "; LU4 -4.6 to "promote mixed -use development near transit
nodes and encourage modes of transportation that do not require an
automobile "; and LU4 -4.8 to "develop guidelines for mixed -use, high
intensity nodes within a quarter mile walking radius of the Green Line
stations." There is an existing Metro Green Line Station adjacent to the
northeast corner of the Project site and much of the plan area is within a
quarter mile of this station. The Specific Plan allows for a mix of commercial
uses to be developed at locations within a quarter mile of the Metro Green
Line Station and includes design guidelines and design features that
encourage walking and other alternative means of transportation to the
Metro Green Line Station. The majority of existing development on the
project site within a quarter mile of this Metro Green Line station is surface
parking.
D. The proposed project is consistent with Land Use Element Objective LU4 -
4 to "provide areas where development has the flexibility to mix uses, in an
effort to provide synergistic relationships which have the potential to
maximize economic benefit, reduce traffic impacts, and encourage
pedestrian environments." The Specific Plan allows for a range of
commercial uses and includes mechanisms allowing for the flexible transfer
of uses and density to different locations within the Specific Plan area. The
site is currently developed with little integration into the surrounding area
and City street network. The site is currently developed with limited uses
and has no support retail services and other commercial uses mixed in with
the site's existing office, industrial and research and development uses. The
development standards and allowed uses in the Specific Plan will allow for
a more flexible use of the site and allow for the mixing of uses. The Specific
Plan also has requirements for new pedestrian and traffic improvements.
E. The proposed project is consistent with Land Use Element Policy LU6 -1.1
to "continue to provide uniform and high quality park and recreational
opportunities to all areas of the City, for use by residents and employees."
The existing Raytheon South Campus provides a large recreational facility
for use by employees, which provides an amenity to employees and also
reduces demand for the use of City recreational facilities. The Specific Plan
will continue to provide a large outdoor recreational facility to Raytheon
Employees and potentially to other employees located within the plan area.
MI
The project also provides an opportunity in the future for the City to obtain
land for a public park.
F. The proposed project is consistent with Land Use Element Policy LU7 -1.2
that "no new development shall be allowed unless adequate public facilities
are in place or provided for." The utility and public service requirements for
the project were evaluated as part of the environmental review process. The
required environmental mitigation measures for utilities and services as well
as collection of required impact mitigation fees will ensure adequate public
facilities are in place or provided.
G. The proposed project is consistent with Land Use Element Policy LU7 -1.4
that "storm drain and flood control facilities shall be maintained throughout
the City to protect residents and structures from an anticipated 50 -year
flood." The project application included a proposed drainage system and
the EIR analysis of this system concluded that the project will not result in
any net increase in storm water discharge. Compliance with the required
environmental mitigation measures for hydrology and water quality will
ensure compliance with General Plan flood - proofing requirements.
H. The proposed project is consistent with some, but not all, Circulation
Element Objectives and Policies based upon a Traffic Study performed for
the project. The project is inconsistent with Circulation Element Policies C1-
1.2 to "pursue implementation of all Circulation Element policies such that
all Master Plan roadways are upgraded and maintained at acceptable levels
of service "; C1 -1.5 to "Implement roadway and intersection upgrades to full
Circulation Element standards when needed to improve traffic operating
conditions and to serve development "; and C1 -1.10 to "ensure that new
roadway links are constructed as designated in the Master Plan and link
with existing roadways with the City such that efficient operation of the
circulation system is maintained at an operating Level of Service "D" or
better." The Traffic Study determined that the proposed project would
generate 26,585 new daily trips with 3,042 new AM peak hour, and 3,120
new PM peak hour trips. The project has significant impacts at 16 of the 71
studied intersections and these impacts do not have feasible mitigation.
Project approval requires the City Council to adopt a Statement of
Overriding Considerations.
The proposed project is consistent with Circulation Element Policy C1 -1.3
to "provide adequate roadway capacity on all Master Plan roadways" and
C1 -1.5 to "pursue and protect adequate right -of -way to accommodate future
circulation system improvements." The project involves improvements on
three roadways: El Segundo Boulevard; Nash Street and Continental
Boulevard. The roadways improvements will be constructed in compliance
with Circulation Element standards for each applicable roadway
classification and will provide right of ways consistent with Circulation
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Element Exhibit C -10, the City's Master Plan of Streets.
J. The project is consistent with Circulation Element Policy C1 -1.4 to
"construct missing roadway links to complete the roadway system
designated in the Circulation Element when needed to improve traffic
operating conditions and to serve development." The Nash Street extension
will result in a north -south roadway in the southeastern quadrant of the City,
which is identified as a Future Transportation Corridor in the Circulation
Element and noted on the City's Master Plan of Streets (Circulation Element
Exhibit C -10) as circulation "to be developed in conjunction with land
development."
K. The project is consistent with Circulation Element Policy C1 -1.6 to "ensure
that planned intersection improvements are constructed as designated in
Exhibit C -9 to achieve efficient operation of the circulation system at a Level
of Service "D" or better where feasible." All feasible intersection
improvements have been identified and are required to be completed as
part of the project conditions of approval and mitigation measures. The
required intersection improvements do not conflict with the improvements
identified in Circulation Element Exhibit C -9.
L. The project is consistent with Circulation Element Policy C1 -1.7 to "provide
adequate intersection capacity to the extent feasible on Major,-Secondary
and Collector Arterials to maintain LOS D and to prevent diversion of
through traffic into local residential streets." All feasible intersection
improvements to increase capacity on Major, Secondary and Collector
Arterials are included as project conditions of approval and mitigation
measures. Given the project location in the southeast quadrant of the City,
which is located away from the City's residential areas, and as identified in
the EIR, the Project will not divert through traffic to City of El Segundo
residential streets.
M. The project is consistent with Circulation Element Policy C2 -1.1 to
"encourage the development of pedestrian linkages to and from the Metro
Green Line stations to encourage and attract intermodal transit/walking
trips" and Policy C2 -1.3 to "encourage new developments in the City to
participate in the development of the city -wide system of pedestrian
walkways and require participation funded by the project developer where
appropriate." The construction of a pedestrian walkway on the east side of
the project area is required to provide convenient pedestrian access to the
Green Line El Segundo Station located adjacent to El Segundo Boulevard.
N. The project is consistent with Circulation Element Policy C2 -2.8 to "evaluate
bikeway system links with the Metro Green Line rail stations and improve
access wherever feasible." The Project is required to add a new eastbound
Class I bicycle path to El Segundo Boulevard and an easement on the east
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side of the project area for direct bicycle access into the Metro Green Line
El Segundo Station, which will improve bicycle access to the station.
O. The project is consistent with Circulation Element Policy C2 -3.10 to
"encourage the MTA to provide bike storage facilities at the Metro Green
Line rail stations." The developer is required to pay $75,000 towards
construction of bicycle parking facilities at or adjacent to the Green Line El
Segundo Station.
P. The project is consistent with Economic Development Element Policies
ED1 -2.1 to "expand El Segundo's retail and commercial base so that the
diverse needs of the City's business and residential communities are met"
and ED1 -2.2 to "Maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life goals." The
Project will add retail and commercial uses at the site, replace existing
surface parking lots, increase the City's tax base and add new jobs.
Q. The project is consistent with Economic Development Element Policy ED1-
2.3 to "balance the City's economic development program with the City's
resources and infrastructure capacity." The Project will result in
improvements to the City's roadway network and could potentially result in
improved sewer infrastructure in El Segundo Boulevard. The EIR for the
project evaluated utilities and public services and found that City resources
and infrastructure capacity can meet the needs of this Project.
R. The project is consistent with Open Space Element Objective OS 1 -2 to
"preserve existing and support acquisition of additional private park and
recreation facilities to foster recognition of their value as community
recreation and open space resources." The Project includes the
preservation of existing private recreational facilities through relocation of
these facilities within the Specific Plan area. The Project also has the
potential to expand the user base of these recreational facilities to
employers other than Raytheon.
S. The project is consistent with Recreation Element Goal OS1 to "provide and
maintain high quality open space and recreational facilities that meet the
needs of the existing and future residents and employees within the City of
El Segundo." The project maintains high quality open space and
recreational facilities for employees working within the Specific Plan area.
T. The project is consistent with Air Quality Objective AQ3 -1 to "increase the
proportion of work trips made by transit." The project will increase
development intensity around an existing Metro Green Line Light Rail
Station, consistent with the SCAG RTP /SCS regional mobility plan and the
SCAG Compass Blueprint planning policy document.
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U. The project is consistent with Air Quality Policy AQ 4 -1.1 to "actively
encourage the development and maintenance of a high quality network of
pedestrian and bicycle routes, linked to key locations, in order to promote
non - motorized transportation." The project includes a new bicycle path on
El Segundo Boulevard and new bicycle lanes in the Nash Street extension.
These new bicycle facilities are consistent with the South Bay Bicycle Plan
and will provide better access to the Metro Green Line Light Rail Station
adjacent to the site. A new pedestrian easement providing direct access to
the Metro Green Line Light Rail Station is also included in the project.
V. The project is consistent with Noise Element Program N1 -2.1A to "address
noise impacts in all environmental documents for discretionary approval
projects, to insure that noise sources meet City Noise Ordinance standards.
These source may include: mechanical or electrical equipment, truck
loading areas, or outdoor speaker systems." The EIR for the project fully
evaluated project noise impacts. The EIR identifies that noise impacts can
be fully mitigated.
SECTION 5: Subdivision. The City Council cannot make any of the findings for denial set
forth in ESMC § 14 -1 -6 for the following reasons:
A. The proposed map is consistent with applicable general and specific plans
as specified in Government Code § 65451. This project generally meets the
goals and objectives of the General Plan and it is consistent with the El
Segundo South Campus Specific Plan. Vesting Tentative Map (VTM) No.
71551 proposes 26 new lots. The proposed lots vary in size and meet the
minimum lot size requirements established in the El Segundo South
Campus Specific Plan.
B. The design of the proposed subdivision is consistent with applicable general
and specific plans. This project meets the goals and objectives of the
General Plan with the exception of three Circulation Element policies.
Approval of the project relies on a Statement of Overriding Considerations
for the subject Circulation Element policies.
C. The site is physically suitable for the proposed type of development in that
the proposed lots meet the size and dimension requirements to allow the
subdivision of the existing project site. The previous land use designation
was Light Industrial and the zoning designation for the property was Light
Industrial (M -1). The new El Segundo South Campus Specific Plan allows
for the continued operation of the existing office /manufacturing facility and
allows for expanded commercial and office development that is consistent
with existing development surrounding the Project area.
D. The site is physically suitable for the proposed density of development. The
proposed project involves subdivision of an approximately 142 acre project
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site into 26 parcels. The proposed maximum development density is a 0.6
Floor Area Ratio (FAR). This density is consistent with the El Segundo
South Campus Specific Plan. This density is also generally in conformance
with the maximum FAR allowed in the M -1 Zone, the previous zoning
designation of the site. Each new lot will meet or exceed the minimum size
and dimension requirements.
E. The design of the subdivision or the proposed improvements is unlikely to
cause substantial damage or substantially and avoidably injure fish or
wildlife or their habitat. The proposed project site is currently improved with
approximately 2,089,948 gross square feet of existing Raytheon Company
office, industrial and warehouse development, an outdoor recreational area,
and 6,873 parking spaces in approximately 20 surface parking lots. The
project site is also predominately surrounded by developed urban land
permanently altered with buildings, roads and hardscape. 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 subdivision will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed
subdivision. The proposed subdivision is not anticipated to conflict with any
known easements located at or near the property. The proposed parcel
configuration on the site has been oriented to avoid conflicts with existing
easements, such as the existing Metro Green Line elevated rail alignment.
SECTION 6: Approvals.
A. Subject to the conditions listed on attached Exhibit "A," which are
incorporated into this Resolution by reference, the City Council certifies the
Final Environmental Impact Report of Environmental Impacts for
Environmental Assessment No. EA -905 as set forth in Exhibit "H "; makes
findings of fact and adopts a Statement of Overriding Considerations as set
forth in Exhibit "G," which are incorporated by reference; and approves
General Plan Amendment and General Plan Map Amendment No. GPA 11-
01 and Subdivision No. SUB 11 -02 for Vesting Tentative Map No. 71551.
B. The City Council amends the Land Use Plan ( "Land Use Designations —
Commercial Designations" subsection) of the Land Use Element of the
General Plan to reflect the addition of the El Segundo South Campus
Specific Plan, including a description of the allowed uses and the maximum
land use density allowed. The corresponding changes are set forth in
attached Exhibit "B," which is incorporated into this Resolution by reference.
C. The City Council amends the Land Use Plan ( "Southeast Quadrant"
subsection) of the Land Use Element of the General Plan to reflect the
change of the Project area at 2000 -2100 East El Segundo Boulevard from
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Light Industrial to El Segundo South Campus Specific Plan. The
corresponding changes are set forth in attached Exhibit "C," which is
incorporated into this Resolution by reference.
D. 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 at 2000 -2100 East El Segundo Boulevard from
Light Industrial to El Segundo South Campus Specific Plan. The
corresponding changes to the Land Use Element are set forth in attached
Exhibit "D," which is incorporated into this Resolution by reference.
E. The City Council amends the General Plan Land Use Map to reflect the
change of the Project area at 2000 -2100 East El Segundo Boulevard from
Light Industrial to El Segundo South Campus Specific Plan (ESSCSP). The
corresponding changes to the Land Use Map are set forth in attached
Exhibit "E," which is incorporated into this Resolution by reference.
F. 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 "F," 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.
G. The City Council approves Vesting Tentative Map (VTM) No. 71551 (a 26
lot subdivision map) attached as Exhibit 1," which is incorporated into this
Resolution by reference.
SECTION 7: 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 8: 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.
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SECTION 9: 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 10: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 11: A copy of this Resolution must be mailed to the Raytheon Company, and
to any other person requesting a copy.
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SECTION 12: This Resolution is the City Council's final decision and will become effective
immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 1St day of December, 2015.
Suzanne Fuentes, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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
Resolution No. was duly passed, approved and adopted by said City Council at a
regular meeting held on the 1St day of December, 2015, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
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EXHIBIT 1 a
CITY COUNCIL RESOLUTION NO. EXHIBIT A
CITY COUNCIL ORDINANCE NO. EXHIBIT D
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), the
Raytheon Company, agrees to comply with the following provisions as conditions for the
City of El Segundo's approval of Environmental Impact Report for Environmental
Assessment No. EA -905, General Plan Amendment and General Plan Map Amendment
No. GPA 11 -01, Specific Plan No. SP 11 -01, Zone Change and Zoning Map Amendment
No. ZC 11 -01, Zone Text Amendment No. ZTA 11 -01, Development Agreement No. DA
11 -02, and Subdivision No. SUB 11 -02 for Vesting Tentative Map (VTM) No. 71551
( "Project Conditions ").
Planning and Building Safety Department
1. 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.
2. The applicant must comply with all mitigation measures identified in
the Final Environmental Impact Report prepared for the Project. A
Mitigation Monitoring and Reporting Program (MMRP) was prepared
as part of the environmental review for the project and is attached as
Exhibit "F" to this Resolution. The mitigation measures of the MMRP
are incorporated into these conditions of approval by reference. All
mitigation measures and conditions of approval must be listed on the
plans submitted for plan check and the plans for which a building
permit is issued.
3. Before the City issues building permits located on sites within the
ESSCSP, the applicant must submit site specific landscape and
irrigation plans to the Planning and Building Safety Department and
the Parks and Recreation Department for review and approval to
demonstrate compliance with the City's Water Conservation
regulations and Guidelines for Water Conservation in Landscaping
(ESMC § §10 -2 -1, of seq.). The landscaping and irrigation must be
completely installed before the City issues a final Certificate of
Occupancy.
4. The applicant must build the Nash Street roadway extension and
associated public improvements in accordance with Section 7.1 of
the Development Agreement. The design and construction of the
Nash Street roadway extension is subject to review and approval by
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the Director of Public Works and Director of Planning and Building
Safety.
5. The applicant must cooperate with the City in creation of a
landscaping and lighting assessment district for the Nash Street
Extension in accordance with Section 7.1.6 of the Development
Agreement.
6. The applicant must build the Continental Boulevard Roadway
Extension in accordance with the El Segundo South Campus
Specific Plan and Section 7.2 of the Development Agreement.
7. The applicant must cooperate with the City in creation of a
landscaping and lighting assessment district for the Continental
Boulevard Extension in accordance with Section 7.2.5 of the
Development Agreement if a dedication of the Continental Boulevard
roadway extension and associated improvements is accepted by the
City.
& The applicant must record a 20 -year irrevocable offer of dedication
of Parcel 26 of Tentative Vesting Map No. 71551 in accordance with
the El Segundo South Campus Specific Plan and Section 7.2.6 of
the Development Agreement. Before recordation, the irrevocable
offer to dedicate must be reviewed and approved by the Director of
Planning and Building Safety, the Director of Public Works and the
City Attorney.
9. The applicant must complete the El Segundo Boulevard roadway
and associated right -of -way improvements in accordance with
Section 7.3 of the Development Agreement. The design and
construction of the El Segundo roadway and associated
improvements is subject to review and approval by the Director of
Public Works and Director of Planning and Building Safety.
10. The applicant must construct a Class I bicycle path on El Segundo
Boulevard in accordance with the El Segundo South Campus
Specific Plan and Section 7.4 of the Development Agreement.
11. The applicant must construct Class II bicycle lanes in the Nash Street
Extension in accordance with the El Segundo South Campus
Specific Plan and Section 7.5 of the Development Agreement.
12. The applicant must pay $75,000 towards the construction of bicycle
parking facilities at or adjacent to the Metro Green Line El Segundo
Station in accordance with Section 7.6.1 of the Development
Agreement.
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13. The applicant must allow a pedestrian easement across one or a
combination of Parcels 13, 14 and /or 24 of Vesting Map No. 71551
to allow direct pedestrian access to the Metro Green Line Light Rail
Station in accordance with the El Segundo South Campus Specific
Plan and Section 7.6.1 of the Development Agreement. Before
recordation, the pedestrian easement must be reviewed and
approved by the Director of Planning and Building Safety, the
Director of Public Works and the City Attorney.
14. The applicant must record a 20 -year irrevocable offer of dedication
of Parcels 20 and 22 of Vesting Map No. 71551 in accordance with
the El Segundo South Campus Specific Plan and Section 7.7 of the
Development Agreement. Before recordation, the irrevocable offer to
dedicate must be reviewed and approved by the Director of Planning
and Building Safety, the Director of Public Works and the City
Attorney.
15. To obtain access to sewer service in El Segundo Boulevard a 25%
payment by the applicant towards the cost of a sewer line capacity
upgrade, up to $375,000, in accordance with Section 8.2 of the
Development Agreement is required not later than December 31,
2018.
16. If the applicant sells more that 20% of the ESSCSP campus area
(28.44 acres) to a user other than Raytheon or a Raytheon affiliate,
then all employees within the ESSCSP area must be provided
access to the 7.54 acre Open Space and Recreational area in
accordance with Section 9 of the Development Agreement.
17. The applicant must record a 20 -year irrevocable offer of dedication
of the 7.54 acre recreation /open space area to the City of El
Segundo, in a form approved by the City Attorney, for future potential
park purposes in accordance with the Development Agreement if
located on any of the lots (Parcels 1, 2, 3, 4, 7, 8, 13 or 14 of Vesting
Map No. 71551) outside the Raytheon security fenced perimeter.
18. The applicant must make one annual $500,000 payment and five
subsequent annual $700,000 payments to the City as identified in
Section 10 of the Development Agreement. Six annual payments are
required starting on March 31, 2016 and ending on March 31, 2021.
If the Nash Street roadway extension improvements are not
completed within 10 years of the effective date of the City Council
ordinance approving this project, an additional $5,000,000 payment
to the City is required.
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19. A $.50 per square foot fee for all new development on the site is
required. All revenue from this fee will be deposited to the City's
General Fund.
20. The applicant is required to obtain any necessary approvals from the
Los Angeles County Metropolitan Transportation Authority (Metro)
for any work that involves encroachment onto Metro easement areas
or right -of -ways. These approvals may include, without limitation,
pedestrian, bicycle and roadway easements and temporary right -of-
entry agreements.
21. The applicant is required to submit building and engineering plans to
Metro for any project site located within 100 feet of the Metro station
or rail easement. Clearance of these plans from Metro is required
before the City can issue a building permit. Metro requires an
Engineering Review Fee for evaluation of any impacts based on
adjacency and relationship of proposed new structures to the Metro
existing structures.
22. The applicant is required to obtain a Metro Special Operation Permit
for use of a pile driver or any other equipment in close proximity to a
Metro aerial railway support structure at least one week before
starting construction.
23. If required by Metro, the applicant must obtain a track allocation
permit for any work within ten feet of a Metro aerial railway support
structure. Permits allowing for single tracking or a power shutdown
must be obtained from Metro at least two weeks before the start of
construction.
24. The applicant must allow Metro representatives access to monitor
any construction activity to ascertain if construction activity will have
any impacts on Metro Right -of -Way.
25. Wayfinding signage to the Metro Green Line Station and other
transportation facilities must be provided at appropriate locations
within the Specific Plan area. These signs must be consistent with
applicable Metro guidelines for wayfinding signage. The Director of
Planning and Building Safety and the Director of Public Works must
review and approve the location and appearance of wayfinding
signs.
26. Before the City issues a certificate of occupancy for any new building
within the ESSCSP, the applicant must contact Metro about
employer transit pass programs. The applicant must provide
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verification of this contact to the Director of Planning and Building
Safety.
27. Projects located within the ESSCSP must comply with the City's
Transportation Demand Management (TDM) regulations (ESMC
§ §15 -17 -1, et seq.). Evaluation for compliance with the City's TDM
regulations for specific projects will occur as part of the Site Plan
Review process identified in ESSCSP § VII.D.
28. The applicant must contact the County Sanitation Districts of Los
Angeles County Industrial Waste Section and receive a
determination as to the necessity of a permit for industrial waste
discharge before City approval of a Site Plan Review for any project
within the ESSCSP.
29. A Study Application Package for a second customer dedicated
substation must be submitted to Southern California Edison before
City approval of a Site Plan Review for any project that would require
electrical service from a second substation within the ESSCSP area.
30. The applicant must submit six sets of project plans depicting the El
Segundo roadway widening and intersection improvements for
Southern California Edison review and approval before City approval
of building permits for a building identified as part of Phase II in the
EIR.
31. Trash and recycling enclosures must be provided and shown on site
plans 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 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.
32. A qualified cultural resources monitor must be present during
earthmoving construction activities. The requirements and
procedures set forth in Public Resources Code §§ 5097, et seq.,
must be implemented if human remains are discovered during site
excavation.
33. Ground level mechanical equipment, refuse collectors, storage
tanks, generators, and other similar facilities must be screened from
view consistent with the development standards and design
guidelines contained in the El Segundo South Campus Specific Plan.
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34. Exterior lighting must be designed to minimize off -site glare.
35. Buildings must be designed to comply with all ESMC standards for
the attenuation of interior noise.
36. At the time of plan check submittal for the first project within the
ESSCSP area the applicant must submit funds to cover reasonable
first year costs, including City consultant costs, of monitoring all
conditions of approval and mitigation measures adopted in the
MMRP. Annually thereafter, the applicant is required to replenish
funds sufficient to cover the reasonable costs, including City
consultants' costs for each year. The Director of Planning and
Building Safety, at the Director's discretion, may retain a consultant
to coordinate and monitor compliance.
37. Before the City issues a grading permit, building permit, or certificate
of occupancy, as applicable, the applicant must provide evidence to
the Director of Planning and Building Safety that all mitigation
measures in the MMRP are or will be implemented.
38. A Landscape Master Plan for the ESSCSP must submitted to the
City before it approves the first Site Plan Review within the Specific
Plan area. This Landscape Master Plan is subject to review and
approval by the Director of Planning and Building Safety.
39. An overall Master Sign Program for the ESSCSP must be submitted
to the City before it approves the first Site Plan Review within the
Specific Plan area. This Master Sign Program is subject to review
and approval by the Director of Planning and Building Safety.
40. A Trip Budget tracking system, based on the criteria contained in
Appendix A of the El Segundo South Campus Specific Plan, must be
developed and approved by the Director of Planning and Building
Safety. An update of the Trip Budget tracking system is required to
be submitted with every Site Plan Review and Plan Check for
projects located within the ESSCSP area.
41. The Project Trip Ceiling for the project is the maximum number of
vehicle trips permitted for the project. The Project Trip Ceiling for new
development within the ESSCSP area consists of:
3,042 AM Peak Hour Trips (2,634 In and 408 Out)
3,120 PM Peak Hour Trips (631 In and 2,489 Out)
26,585 Total Daily Trips
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42. Before the City issues a building permit for the first building located
within any Phase identified in the EIR, a reclaimed water facility plan
must be submitted for review and approval by the Director of
Planning and Building Safety and the Director of Public Works.
43. The project must meet all design criteria of the Specific Plan to the
satisfaction of the Director of Planning and Building Safety.
Building Division Conditions
44. Before the City issues building permits, 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.
45. Before the City issues grading permits, the applicant must submit a
soils report to the Planning and Building Safety Department for
review and approval.
46. Before the City issues building permits, plans must show compliance
with the version of the California Building Code, as adopted by the
ESMC, in effect at the time of building permit application.
47. Before the City issues grading or building permit for any project within
the Specific Plan area, the applicant must provide evidence to the
reasonable satisfaction of the Director of Planning and Building
Safety that all applicable permits from other agencies are obtained
including, without limitation, the California Department of
Transportation, Regional Water Quality Control Board (Los Angeles
Region), South Coast Air Quality Management District, and Los
Angeles County Department of Public Works.
Fire Department Conditions
48. The project must comply with all applicable requirements in the
California Fite Code and the International Fire Code, as adopted by
the ESMC, and El Segundo Fire Department regulations, in effect at
the time of building permit application.
49. Before the City issues a building permit, the applicant must submit a
Fire /Life Safety Plan to the Fire Chief (or designee) identifying fire
safety precautions during demolition and construction, emergency
site access during construction, permanent fire department access,
fire hydrant locations and any existing or proposed fire sprinkler
system and fire alarm systems.
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50. The applicant must provide a fire apparatus access roadway around
the west and north side of Raytheon Building E -1 (2000 East El
Segundo Boulevard) and the west side of Raytheon Buildings E -2
(2002 East El Segundo Boulevard) and E -3 (2004 East El Segundo
Boulevard). The fire apparatus access roadway must meet
requirements in the adopted California Fire Code and El Segundo
Fire Department Fire Prevention Regulation A -1 -a.
51. Private fire main systems for each new building or parcel must be
from an independent public water supply. There can be no sharing
of private fire main systems between parcels.
52. The applicant must provide an automatic fire sprinkler system
throughout each building, installed in accordance with California Fire
Code Chapter 9 and the currently adopted edition of NFPA 13, both
as adopted by the ESMC.
53. The applicant must provide the following conditions for any fire
features as part of this project: A) A barrier must be provided around
the fire feature to prevent accidental access into the fire feature; B)
The distance between the fire feature and combustible material and
furnishing must meet the fire feature's listing and manufacturer's
requirements; and C) If the feature's protective barrier exceeds
ambient temperatures, all exit paths and occupant seating must be a
minimum 36 inches from the fire feature.
54. Each building needs to be identified as a separate street address for
emergency response purposes.
55. The project must provide on -site collection and dispersion
(infiltration) of non - stormwater discharges from testing and
maintenance of water -based fire protection systems (fire sprinklers
and private fire main systems) and other non - stormwater discharges.
56. Any diesel - powered generators must be approved by the Fire
Department, Environmental Safety Division, and provide for
secondary containment, placarding, spill detection and prevention.
Underground tanks require additional environmental monitoring
requirements.
57. The applicant must provide the Environmental Safety Division of the
El Segundo Fire Department an inventory of any and all chemicals
used in facilities that exceeds 55 gallons, 500 pounds or 200 cubic
feet.
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58. The applicant, or designee, must contact Underground Service Alert
before digging or excavating.
59. Restaurant and industrial activities must have segregated
wastewater systems to ensure pre- treatment devices are adequately
protected.
Public Works Department Conditions
60. All onsite utilities including, without limitation, water, electricity, gas,
sewer and storm drains, must be installed underground. Contact
Southern California Edison for required service and underground
requirements.
61. The applicant must secure any required encroachment permits from
the Public Works Department before commencing any work in the
public right -of -way.
62. The project must comply with the latest National Pollution Discharge
Elimination System (NPDES) requirements and provide Best
Management Practices (BMPs) for sediment control, construction
material control and erosion control.
63, Before the City issues a building permit, the location and sizes of all
proposed water meters must be approved by the City's Water
Division.
64. Acceptable water service connection points for future construction in
the ESSCSP area is subject to review and approval by the Director
of Public Works.
65. The location of existing water service lateral connection points in the
ESSCSP area as well as existing and proposed fire hydrant
connections area subject to review and approval by the Director of
Public Works.
66. City water mains cannot be located on private property. The
applicant must provide a main meter in the public right -of -way.
67. Wastewater facilities cannot have structures built over them.
68. Wastewater facilities cannot be designed with curves; they must be
straight lines from manhole to manhole. If deviations are needed,
they must be made at manholes.
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69. 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 the Public Works Director, or designee:
The design must follow the criteria contained in the most
recent additions of both the Los Angeles County Department
of Public Works Hydrology Manual and Standard Urban
Storm Water Mitigation Plan. Flows must remain in their
historical drainage pattern so as not to impact neighboring
properties.
• New development cannot 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.
70. Construction related parking must be provided on -site.
71. All record drawings (as -built drawings) and supporting
documentation must be submitted to the Public Works Department
before scheduling the project's final inspection.
Police Department Conditions
72. Before the City issues a building permit within the ESSCSP, the
applicant must submit photometric light studies for Police Chief or
designee 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.
73. A schematic plan of the security camera systems for new structures
must be submitted for Police Chief or designee review and approval
before the City issues a building permit, and must be included as a
page in the stamped approved set of plans.
74. Lighting devices must be enclosed and protected by weather and
vandal resistant covers.
75. The location and design of crosswalks are subject to Police Chief or
designee review and approval review and approval.
76. The location and design of future bicycle racks and bicycle parking
areas are subject to Police Chief or designee review and approval.
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77. The Police Chief or designee will review new buildings and tenant
improvements within buildings during the plan check process.
Interior and exterior improvements are subject to Police Chief or
designee review and approval. Items subject to review include, but
are not limited to, doors and hardware, roll -up doors, stairwells,
exterior mounted ladders and trash dumpsters.
78. 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 illuminated during hours of darkness. Addressing
must also be shown on plan elevations.
79. All landscaping must be low profile around perimeter fencing,
windows, doors and entryways so as not to limit visibility or provide
climbing access. Dense bushes cannot be clumped together in a
manner that provides easy concealment.
Construction Conditions
80. Before any construction occurs within the plan area, the perimeter of
the development site 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 Director, or designee, to prevent dust
from leaving the site.
81. Public sidewalks must remain open at all times.
82. All haul trucks hauling soil, sand, and other loose materials must
either be covered or maintain two feet of freeboard.
83. Construction vehicles cannot use any route except the City's
designated Truck Routes.
84. The applicant must develop and implement a construction
management plan for any project located within the Specific Plan
area. The construction management plan is subject to Director of
Planning and Building Safety and Director of Public Work review and
approval. The plan must include measures recommended by
SCAQMD Rules 402 and 403.
85. 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.
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Impact Fee Conditions
86. 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 City Council Resolution No. 4687.
87. 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 City Council Resolution No. 4687.
88. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits
are issued, the applicant must pay a one -time park services
mitigation fee in accordance with City Council Resolution No. 4687.
89. Before building permits are issued, the applicant must pay the
required sewer connection fees (as specified in ESMC Title 12 -3).
90. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues
a certificate of occupancy for buildings within the Specific Plan, the
applicant must pay a one time traffic mitigation fee in accordance
with City Council Resolution No. 4443.
91. Permittee agrees to pay City any development impact fees ( "DIFs ")
that may be applicable to the Project. Permittee takes notice
pursuant to Government Code § 66020(d) that City is imposing the
DIFs upon the Project in accordance with the Mitigation Fee Act
(Government Code § 66000, et seq.). The permittee is informed that
it may protest DIFs in accordance with Government Code § 66020.
92. All required fees, adopted by agencies with jurisdiction over
intersections and roadways affected by this Project and identified in
the MMRP adopted for this project, must be calculated and collected
by affected agencies before Certificates of Occupancy are issued for
any building identified as part of Phase II in the EIR. Proof of fee
payment must be provided to the Director of Planning and Building
Safety.
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
districts(s).
iscellaneous
94. Unless otherwise provided by the Development Agreement, the
vesting tentative map will expire pursuant to Government Code §
66452.6 and ESMC § 14 -1 -12.
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95. The Raytheon Company, agrees to indemnify and hold the City
harmless from and against any claim, action, damages, costs
(including, without limitation, attorney's fees), injuries, or liability,
arising from the City's approval of Environmental Assessment No.
EA -905, General Plan Amendment/General Plan Map Amendment
No. GPA 11 -01, Specific Plan No. SP 11 -01, Zone Change and
Zoning Map Amendment No. ZC 11 -02, Zone Text Amendment No.
ZTA 11 -01, Development Agreement No. DA 11 -02, and Subdivision
No. 11 -02 (VTM No. 71551). 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. EA -905, General Plan
Amend ment/GeneraI Plan Map Amendment No. GPA 11 -01,
Specific Plan No. SP 11 -01, Zone Change and Zoning Map
Amendment No. ZC 11 -02, Zone Text Amendment No. ZTA 11 -01,
Development Agreement No. DA 11 -02, and Subdivision No. 11 -02
(VTM No. 71551), the Raytheon Company, 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, Scott Pozza, on behalf of the Raytheon Company, certifies that
they have read, understood, and agree to the Project Conditions listed in this document.
Scott Pozza
Director - Facilities and Real Estate
Space and Airborne Systems
The Raytheon Company, a Delaware Corporation
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901 -9MEA- 905 \City Council \EA -
905.CC reso.doc
-13-
65
EXHIBIT 1 b
City Council Resolution
Exhibit B
El Segundo General Plan Land Use Element - Page 3 -8
Commercial Designations
Add the following text to page 3 -8 as an additional paragraph at the end of the
"Commercial Designations" subsection of the "Land Use Designations" section:
"E! Segundo South Campus Specific Plan: Permits a mix of
office, commercial retail research and development, industrial and
related recreational uses. The maximum overall FAR in the
Specific Plan is 0.60 based on the gross square foot size of the
Specific Plan proiect area. "
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 905 \City Council \City Council
12.1.2015 \12.1.2015 ExhibitsT- A- 905.Exhibit B.GP excerpt - Land Use Designations.doc
•O
EXHIBIT 1 c
CITY COUNCIL RESOLUTION NO.
EXHIBIT C
Excerpt from Page 3 -12 of the El Segundo General Plan Land Use
Element
Proposed Land Use Plan
"Southeast Quadrant
The majority A large portion of the southeast quadrant is designated light industrial
(365-.} 213.82 ac). This category allows for a mixture of light industrial and office uses,
similar to what is now existing in some of the business parks between Douglas Street and
Aviation Boulevard.
The southern portion of the quadrant, along Rosecrans Avenue west of Aviation
Boulevard, is designated as Urban Mixed -Use South, allowing a mixture of office, hotel,
and retail uses. This area totals 70.6 acres. The northeast corner of Rosecrans Avenue and
Sepulveda Boulevard (84.8 ac), currently occupied by Air Products and Allied Chemical,
are designated for heavy industrial. There is a small commercial piece (0.9 ac) along
Sepulveda Boulevard, just south of El Segundo Boulevard.
The remaining land in the southeast quadrant is designated as public facilities for the
Green Line station along El Segundo Boulevard and the proposed water reclamation
facility north of Hughes Way, parks for the Golf Course and Driving Range along
Sepulveda Boulevard, and open space along the Southern California Edison transmission
line rights -of -way. A 5.4 acre portion of the Southern California Edison right- of-way is
also designated as the Aviation Specific Plan area. The privately -owned park for Hughes
employees is also designated as open space, to ensure it will continue to be used as a
recreation facility.
The U.S. Government Air Force Base south of El Segundo Boulevard (42.1 ac) has been
placed in the Federal Government land use designation.
"The El Segundo South Cam us Specific Plan 1.42.28 acres), located in the northwestern
portion of the quadrant off of East EI Segundo Boulevard allows for a mixture of office
commercial retail, research and development industrial and related recreational uses."
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 905 \City Council \City Council
12.1.2015 \12.1.2015 Exhibits\EA -905 City Council Reso Exhibit C - General Plan Land Use Plan.doc
67
EXHIBIT 1 d
City Council Resolution No.
Exhibit D
1992 General Plan
Summary of Existing Trends Build -out
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
213.62 - 12,461,324
Commercial Center
85.8 - 850,000
Smoky Hollow
93.55 268 2,445,023
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 2321 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 - 121,532
888 No. Sepulveda Boulevard
- _ -
Specific Plan
2.98 - 206,710
El Segundo South Campus
- _ -
Specific Plan
142.28 - 4,231,547
Parking
11.8 _ _
Light Industrial
356.1 _ 18,529, 00
213.82 16,190,266
Heavy Industrial
1001 _ ?
Public Facilities
87.9 - _
Federal Government
90.6 - _
Open Space
77.0 - _
Parks
50 _
Street and Railroad R.O. W
442.6 - _
Totals
3,497 8,089 57,'� 73,?,711 59,666,584
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 I of the 540
East Imperial Avenue Specific Plan, If Option I 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.
68
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EXHIBIT 1 e
URBAN
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EXHIBIT E
2000 -2100 East El Segundo Boulevard
Proposed General Plan Land Use Designation
City of El Segundo El Segundo South Campus Specific Plan NW
EXHIBIT F
MITIGATION MONITORING
AND
REPORTING PROGRAM
(MMRP)
EXHIBIT If
WK
11.0 Mitigation. Monitoring and Reporting Program
71
sEG�3�'
Environmental Impact Report
El Segundo South Campus Specific Plan (EA 905)
11.4 MITIGATION MONITORING
AND REPORTING PROGRAM
Section 1.0 and Section 5.0 of this EIR identify the mitigation measures that will be implemented
to reduce the impacts associated with the El Segundo South Campus Specific Plan Project.
Public Resources Code § 21081.6 requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring compliance with any required mitigation measures applied
to proposed development:
... the public agency shall adopt a reporting or monitoring program for the changes to
the project which it has adopted, or made a condition of project approval, in order to
mitigate or avoid significant effects on the environment.
Public Resources Code Section 21081.6 provides general guidelines for implementing
mitigation monitoring programs and indicates that specific reporting and /or monitoring
requirements, to be enforced during project implementation, must be defined before certification
of the Final EIR.
The mitigation monitoring table below lists mitigation measures that can be included as
conditions of approval for the Project. These measures correspond to those outlined in Section
1_0 and discussed in Section 5.0. To ensure that the mitigation measures are properly
implemented, a Mitigation Monitoring and Reporting Program (MMRP) was drafted that
identifies the timing and responsibility for monitoring each measure. The applicant/developer of
specific future projects will have the responsibility for implementing the measures, and the
various City Departments will have the primary responsibility for monitoring and reporting
implementation of the mitigation measures.
Final . January 2015 11 -1 Mitigation Monitoring and Reporting Program
72
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CITY COUNCIL RESOLUTION
EXHIBIT G
ENVIRONMENTAL FINDINGS OF FACT
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
EXHIBIT i g
•K
CITY COUNCIL RESOLUTION NO.
Exhibit G
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
After receiving, reviewing, and considering all the information in the entire administrative record
for Environmental Assessment No. EA -905, General Plan Amendment and General Plan Map
Amendment No. GPA 11 -01, Specific Plan No. SPA 11 -01, Zone Change and Zoning Map
Amendment No. ZC 11 -02, Zone Text Amendment No. 11 -01, Development Agreement No. 11-
02, and Subdivision No. 11 -02 for Vesting Tentative Map No. 71551 (collectively, the "Project ")
including, without limitation, the factual information and conclusions set forth in this Resolution
and its attachment, the City Council finds, determines, and declares as follows:
FINDINGS REQUIRED BY CEQA.
CEQA Guidelines § 15090 require the City to certify that:
1. The Final Environmental Impact Report (FEIR) has been completed in compliance
with CEQA;
2. The FEIR was presented to the decision - making body of the lead agency and that
that decision - making body reviewed and considered the information contained in
the final EIR before approving the Project; and
3. The FEIR reflects the lead agency's independent judgment and analysis.
II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE
PROJECT.
A. Impacts Found To Be Insignificant in the Initial Study,
The Initial Study for the El Segundo South Campus Specific Plan Project, dated October
2012, identified the following environmental effects as not potentially significant.
Accordingly, the City Council finds that the Initial Study, the FEIR, and the record of
proceedings for the Project do not identify or contain substantial evidence identifying
significant environmental effects of the Project with respect to the areas listed below.
Aesthetics (Scenic Vistas and Scenic Resources within a State Scenic
Highway).
2. Agriculture and Forest Resources.
3. Biological Resources.
4. Cultural Resources (Historical Resources).
5. Geology and Soils (Rupture of a Known Earthquake Fault; Landslide
Potential; and Soils Incapable of Adequately Supporting the use of Septic
Tanks or Alternative Wastewater Systems).
6. Hazards and Hazardous Materials (Safety Hazard from a Private Airstrip,
and Exposure of People or Structures to Wildland Fires).
91
7. Hydrology and Water Quality (Place Housing or Structures Within a 100 -
Year Flood Hazard; Expose People or Structures to a Significant Risk
Involving Flooding; and Inundation By Seiche, Tsunami, or Mudflow).
8. Land Use and Planning (Physically Divide an Established Community, and
Conflict With a Habitat Conservation Plan or Natural Community
Conservation Plan).
9. Mineral Resources.
10. Noise (Excessive Noise Levels in the Vicinity of a Private Airstrip).
11. Population and Housing (Displace Substantial Numbers of People or
Existing Housing).
B. Impacts Identified as Less Than Significant in the Initial Study.
The Initial Study identified the following environmental effects as less than significant.
Accordingly, the City Council finds that the Initial Study, the FEIR, and the record of
proceedings for the El Segundo South Campus 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 (Visual Character /Quality; Light and Glare)
2. Air Quality (Odors).
3. Cultural Resources (Archaeological and Paleontological Resources; and
Disturbance of Human Remains).
4. Hazards and Hazardous Materials (Safety Hazard from an Airport Land
Use Plan, or Within Two Miles of a Public or Public Use Airport).
5. Noise (Excessive Noise Levels for a Project Located Within an Airport Land
Use Plan, or Within Two Miles of a Public or Public Use Airport).
6. Public Services (Other Public Facilities- Library).
7. Recreation (Increase Use of Existing Parks or Other Recreational
Facilities).
8. Transportation/Traffic (Change in Air Traffic Patterns).
Mandatory Findings of Significance (Degrade Quality of the Environment;
Substantially Reduce Habitat of A fish or Wildlife Species).
C. Impacts Identified as Potentially Significant in the Initial Study, But Which
Did Not Exceed Si nificance Thresholds in the DEIR.
The following environmental effects were identified as Potentially Significant in the Initial
Study. The City Council finds that the FEIR and the record of proceedings in this matter
do not identify or contain substantial evidence identifying significant environmental effects
of the El Segundo South Campus Specific Plan Project with respect to the areas listed
below:
KA
'A
Geology and Soils
a) Facts /Effects
(1) Erosion. The Project could result in substantial soil erosion or
the loss of topsoil. However, with mandatory compliance with erosion
protection measures under the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit, and El
Segundo Municipal Code (ESMC) Chapter 5 -4, impacts would be less
than significant.
(2) Cumulative Impacts. The proposed Project, combined with
other related cumulative projects, could expose people or structures to
potential substantial adverse effects involving geology and soils.
However, compliance with the CBC and ESMC, and the Geology and
Soils Report's recommendations would ensure that Project
implementation would result in less than significant impacts involving
strong seismic ground shaking, seismically- induced soil /ground
settlement and lurching, and corrosive soils. Therefore, the Project's
incremental effects involving geology and soils are not cumulatively
considerable. Moreover, the geotechnical and soil characteristics of
each cumulative project site would be evaluated on a project -by- project
basis, and appropriate mitigation measures would be required, as
necessary to reduce potential impacts to a less than significant level.
Further, all development would be required to comply with the CBC, the
ESMC, and the recommendations of the site - specific geotechnical and
soils investigations, if required.
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to erosion.
Greenhouse Gas Emissions
a) Facts /Effects
(1) Compliance with Applicable Plan/Policy/Regulation. Development
of the proposed Project would generate greenhouse gas emissions
from both mobile and operational sources. However, the Project would
not conflict with any applicable plan, policy, or regulation of an agency
adopted for the purpose of reducing the emissions of greenhouse
gases. Therefore, impacts would be less than significant with regard to
consistency with an applicable greenhouse gas plan, policy, or
regulation.
3
93
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to consistency with an applicable greenhouse gas
plan, policy or regulation.
2. Hazards and Hazardous Materials
a) Facts /Effects
(1) Emissions Near School Facilities. The Project could result in
hazardous emissions or the handling of hazardous or acutely
hazardous materials, substances, or wastes within one - quarter mile of
two existing schools due to proposed light industrial and commercial
uses onsite. However, buffers in the form of roadways and intervening
structures would separate the proposed light industrial and commercial
uses from the existing schools. Further, compliance with measures
established by Federal, State, and local regulatory agencies is
considered adequate to offset the negative effects related to the use,
handling, and /or storage of hazardous materials associated with future
development onsite. A less than significant impact would occur in this
regard following compliance with applicable Federal, State, and local
regulations.
(2) Hazardous Materials Sites. The Project site is listed in the
GeoTracker database [maintained by the State Water Resources
Control Board (SWRCB)] pursuant to Government Code § 65962.5.
The Project site is reported as a leaking underground storage tank
(LUST) cleanup site. However, the case status is reported to be case
closed as of July 22, 1996. Due to the closed status of this regulatory
property, it is not anticipated that an environmental condition exists at
the Project site as a result of this former LUST. Therefore, impacts to
this issue are considered less than significant for the proposed Project.
(3) Cumulative Impacts. As concluded in the FEIR, the Project's
potential impacts through accident conditions involving the release of
hazardous materials would be reduced to less than significant levels,
with implementation of the recommended mitigation and compliance
with applicable regulatory requirements. Therefore, the Project's
incremental effects involving historical oil /gas production and
agriculture activities, existing hazardous materials facilities, LBPs and
ACMs in structures, USTs, contaminated groundwater, and pipelines
are not cumulatively considerable.
4
.,
Cumulative projects involve existing industrial sites and uses (i.e., NRG
Power Plant, Aerospace Corporation, Aviation Station, Chevron,
Boeing Expansion Project, and LAX SPAS projects). Site disturbance,
demolition /renovation, and /or construction associated with cumulative
projects could require the offsite transport and disposal of hazardous
substances, in the event they are encountered at the respective sites.
As discussed above, the Project could similarly require the offsite
transport and disposal of hazardous substances. Therefore, the
Project's potential incremental effects involving the transport of
hazardous materials during construction are cumulatively considerable.
However, handling, transport, and disposal of these materials are
regulated by the DTSC, CalEPA, CalOSHA, HCA, and El Segundo Fire
Department. The construction contractor, on a project -by- project basis,
would be subject to the requirements of the DTSC governing removal
actions. DTSC regulations require specific hazardous materials
handling methods, truck haul routes, and schedules to minimize
potential exposure during hazardous materials removal actions. To
reduce the likelihood and severity of accidents during transit,
compliance with all applicable Federal and State laws related to the
transportation of hazardous materials would be required. Therefore,
the combined cumulative impacts due to transportation of hazardous
materials associated with the Project's incremental effects and those of
the cumulative projects would be less than significant.
The potential exists for hazardous materials to be accidentally released
during Project operations. However, the future onsite uses would be
subject to compliance with strict EPA, DTSC, and ESFD standards,
which would reduce the Project's potential impacts involving the
accidental release of hazardous materials to less than significant.
Therefore, the Project's incremental effects involving accidental release
of hazardous materials are not cumulatively considerable. Further,
cumulative projects storing hazardous materials would similarly be
subject to compliance with the established regulatory framework.
Cumulative impacts would be less than significant in this regard.
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to hazardous emissions near school facilities,
hazardous materials sites, and cumulative hazards /hazardous
materials impacts.
3. Hydrology and Water Quality
a) Facts /Effects
5
95
(1) Short Term (Construction) Impacts to Water Quality. During
construction of each of the Project, the soil surface would be subject to
erosion and the downstream watershed could be subject to temporary
sedimentation and discharges of various pollutants. However,
mandatory compliance with the NPDES General Construction Permit,
and ESMC Chapter 5 -4 would apply. Impacts would be less than
significant for the proposed Project in this regard.
(2) Groundwater. The Project would not interfere with groundwater
recharge, since it is not located within a groundwater recharge area.
Additionally, the Project site's average percent imperviousness is
expected to decrease from 79.5 percent to 70.0 percent with Project
implementation. Therefore, the Project would not reduce the ability of
surface waters to be absorbed or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table. Impacts would be
less than significant in this regard.
(3) Cumulative Impacts. Project development would result in
increased potential for short- and long -term operational water quality
impacts in the area. Therefore, the Project's incremental effects to
water quality are cumulatively considerable. However, the Project and
cumulative development must adhere to NPDES requirements and
implement a SWPPP with specific BMPs during construction activities.
Additionally, the Project and cumulative development must adhere to
NPDES requirements and implement a SUSMP with specific BMPs for
post- construction conditions. Each project would also be required to
comply with existing water quality standards at the time of development
review and include BMPs, as necessary. Therefore, the combined
cumulative short- and long -term impacts on surface water quality
associated with the Project's incremental effects and those of the
cumulative projects would be less than significant with adherence to
NPDES and ESMC requirements.
Implementation of the cumulative projects would result in changes to
drainage patterns and amounts of impervious surfaces on each
respective development site. Higher flows resulting from cumulative
development would contribute storm water flows to the local and
regional drainage facilities, which would result in drainage and runoff
impacts. Additionally, runoff from some of the cumulative projects
could drain into the conveyance systems used by the Project. Since
Project implementation would result in changes to drainage patterns
and amounts of impervious surfaces, the Project's incremental effects
to drainage are cumulatively considerable. However, future
development would be required to account for higher flows within the
drainage area on a project -by- project basis. Each cumulative project
would be required to submit individual analyses to the City for review
and approval prior to issuance of grading or building permits. Each
analysis must indicate how peak flows generated from each related
project would be accommodated by the existing and /or proposed storm
drainage facilities. Therefore, the combined cumulative drainage and
runoff impacts associated with the Project's incremental effects and
those of the cumulative projects would be less than significant.
C
As concluded above, the Project would not deplete groundwater
supplies, since the City does not use groundwater as a potable water
source. Additionally, the Project would not substantially interfere with
groundwater recharge, as the average percent imperviousness of the
Project site would be reduced when compared to existing conditions.
Therefore, the Project's incremental effects to groundwater supplies
and recharge are not cumulatively considerable. Moreover, cumulative
projects would not interfere with groundwater recharge, since they are
not located within a groundwater recharge area. Although development
of the cumulative projects could result in an overall increase in
impervious surfaces, most of the sites involve redevelopment and not
new development on vacant lands. Cumulative projects would not
deplete groundwater supplies, as the City does not use groundwater as
a potable water source. Therefore, cumulative impacts to groundwater
supplies would be less than significant.
b) Mitigation
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to short -term (construction) water quality,
groundwater, and cumulative hydrology and water quality impacts.
4. Land Use and Planning
a) Facts /Effects
(1) SCAG Policies and Municipal Code Standards, The Project would
be consistent with the Southern California Association of Government's
(SCAG's) 2012 Regional Transportation Plan/ Sustainable
Communities Strategy (RTP /SCS) goals and growth forecasts, as well
as the El Segundo Municipal Code. Therefore, impacts related to
SCAG Policies and ESMC standards would be less than significant.
Cumulative Impacts. Related projects and other possible development
would occur in the cities of El Segundo, Hawthorne, Los Angeles, and
Manhattan Beach, as well as unincorporated Los Angeles County.
However, cumulative projects would be evaluated on a project -by-
project basis, as they are implemented within the City of El Segundo
and the other cities /communities. Each cumulative project would
undergo a similar plan review process as the proposed Project, to
determine potential land use planning policy and regulation conflicts.
Moreover, the Project is consistent with the 2012 RTP /SCS Goals and
growth forecasts, the El Segundo General Plan and ESMC. Therefore,
the combined cumulative land use /planning impacts associated with
the Project's incremental effects and those of the cumulative projects
would be less than significant.
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b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to land use and planning, and cumulative land use
and planning impacts.
5. Noise
a) FactslEffects
(1) Vibration. The nearest structures (commercial /light industrial and
institutional uses) to a proposed construction activity area on the
Project site are located approximately 50 feet to the east. Ground -
borne vibration would be generated primarily during site clearing and
grading activities on -site and by off -site haul -truck travel. At 50 feet
from the activity source, vibration velocities at offsite uses would be
below Federal Transit Administration (FTA) standards. Therefore,
impacts related to vibration would be less than significant.
(2) LmETTerm Operational (Mobile and Stationary) Noise. The Project
would not significantly contribute to existing traffic noise in the area or
exceed the City's established standards during operations. Therefore,
impacts related to long -term mobile and stationary noise would be less
than significant.
(3) Long-Term Cumulative Noise. Although related cumulative
projects are identified within the study area, the noise generated by
stationary equipment on -site cannot be quantified given the conceptual
nature of each development and since speculation would be involved.
Each cumulative project would require separate discretionary approval
and CEQA assessment, which would address potential noise impacts
and identify necessary attenuation measures, where appropriate.
Long -term cumulative mobile noise would be within the City's Noise
Standards for the land uses along surrounding roadway segments. As
such, the proposed Project would not result in long -term stationary or
mobile noise impacts. A less than significant impact would occur in this
regard.
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
Wz
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to vibration, long -term operational noise, and
cumulative long -term noise impacts.
6. Population and Housing
a) Facts /Effects
(1) Population Growth. The Project does not propose new residential
land uses, and thus, would not induce population growth directly
through housing. Additionally, although the Project proposes
improvements /modifications to existing roads and infrastructure, it does
not involve the extension of roads or other infrastructure into
undeveloped areas. The Project does, however, propose new
employment - generating land uses, which could induce direct
population growth in the area. However, there are numerous
alternative housing opportunities in surrounding cities, the Project
would employ thousands of unemployed persons who already reside
locally, and the forecast population growth would occur over an
approximately 11 -year period, allowing for development of necessary
services and infrastructure commensurate with the anticipated growth.
Therefore, impacts related to population growth would be less than
significant.
(2) Cumulative Imoacts. The Project would not induce population
growth directly through housing, since no residential development is
proposed. Therefore, the Project's incremental effects involving
population growth in the area through residential development are not
cumulatively considerable. Surrounding cumulative projects involve
non - residential land uses, which would generate additional
employment in El Segundo, Los Angeles, Hawthorne, Manhattan
Beach, and unincorporated Los Angeles County. This cumulative
employment growth could result in population growth in the area, as the
potential exists that future cumulative project employees (and their
families) would choose to relocate to the area. The Project would
generate approximately 4,598 new jobs, which could also result in
population growth in the area. However, the population growth
attributed to the Project and cumulative development is considered
unlikely. Given that there are approximately 20,200 unemployed
persons in El Segundo and surrounding cities, and an additional
188,100 unemployed persons in the City of Los Angeles. It is
anticipated that the new positions created by the Project and
cumulative development would be filled by persons who already reside
in the area. Estimating the number of future employees who would
choose to relocate to the region would be highly speculative.
Additionally, the Project would not cause SCAG's 2022 employment
forecasts for the City to be exceeded. Therefore, the combined
cumulative impacts to employment - related population growth from the
Project's incremental effects and those of the cumulative projects would
be less than significant.
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b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Fin_ ding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to population growth, and cumulative population
and housing impacts.
7. Public Services and Recreation
a) Facts /Effects
(1) Fire Police, and Parks /Recreation. The Project would
create an increase in demand for fire and police protection services, as
well as for schools and parks. Payment of the mitigation fees set forth
in El Segundo Municipal Code (ESMC) Chapter 15 -57A would result in
less than significant impacts related to fire and police protection
services.
Project implementation would generate student population growth in
the WSD and CVUHSD. However, the Project does not propose and
would not warrant construction of new or physically altered school
facilities. Therefore, the Project would not result in substantial
environmental impacts in this regard. Developer impact fees would be
imposed on future applicants for development within the El Segundo
South Campus Specific Plan area. Thus, compliance with the
established regulatory framework, which requires payment of
developer impact fees, would offset the cost of providing service for any
additional students generated by the Project. The impacts on school
services would be fully mitigated and less than significant.
The Project proposes to remove existing onsite private outdoor
recreational uses and in their place, provide approximately 7.5 acres of
new recreational facilities at the southeast corner of the Project site.
Moreover, in compliance with ESMC Chapter 15 -27A, mitigation fees
would be imposed on future applicants for development within the
Specific Plan area, which would minimize, to the greatest extent
practicable, the new development's impact on the City's existing parks
and recreational facilities. Thus, a less than significant impact would
occur in this regard.
(2) !Cumulative Impacts. The Project would result in increased
demands on the City's fire and police protection services, and
parks /recreational services and facilities. However, the Project is
subject to compliance with ESMC Chapter 15 -27A through which the
City imposes development impact fees to finance public facilities
attributable to new development, including fire suppression and law
enforcement facilities, vehicles, and equipment, and parks /open space
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and recreation facilities and public use (community centers) facilities.
Therefore, because the Project is required to pay ESMC Chapter 15-
27A mitigation fees, which are designed to alleviate cumulative impacts
to the City, the Project's incremental effects to fire and police protection
services, and parks /recreational services and facilities are not
cumulatively considerable. Further, although cumulative development
would similarly result in increased demands on existing fire and police
protection services, and parks /recreational services and facilities, each
cumulative project would be reviewed on a case -by -case basis by
various City departments for compliance with minimum standards.
Additionally, each cumulative Project must comply with ESMC Chapter
15 -27A and payment of development impact fees to finance public
facilities attributable to the new development, including fire suppression
and law enforcement facilities, vehicles, and equipment, and
parks /open space and recreation facilities and public use (community
centers) facilities. Such fees would minimize, to the greatest extent
practicable, the cumulative development's impact on the El Segundo's
public services and public facilities. Thus, cumulative development
projects would pay their fair share of the costs of providing such public
services and public facilities. Therefore, the combined cumulative
impacts to fire and police protection services, and parks /recreational
services and facilities associated with the Project's incremental effects
and those of the cumulative projects would be less than significant.
The Project would generate student population growth in the WSD and
CVUHSD. However, the Project is subject to compliance with
Education Code §§ 17620, et seq., which allows school districts to
collect impact fees from developers of new commercial /industrial
building space. Because the Project is required to pay developer
impacts fees, which are deemed to be full mitigation, the Project's
incremental effects to school facilities are not cumulatively
considerable. Further, although cumulative development would
similarly generate student population growth in the WSD and CVUHSD,
each cumulative Project would be subject to compliance with Education
Code § 17620 and payment of development impact fees to school
districts. Therefore, the combined cumulative impacts to school
districts associated with the Project's incremental effects and those of
the cumulative projects would be less than significant.
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding
•nding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the Ei Segundo South Campus Specific Plan
Project with respect to public services and recreation, and cumulative
impacts to public services and parks /recreation.
8. Trans ortation and Traffic
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a) Facts /Effects
(1) Congestion Management Program CMP Transit Impacts. Project
implementation would increase the demand for public transit use in the
Project vicinity. Based on the CMP guidelines, and the proximity of the
various project land uses in relation to available transit in the Project
vicinity, the Project is forecast to generate approximately 149 a.m. peak
hour transit trips, approximately 153 p.m. peak hour transit trips, and
approximately 1,303 daily transit trips. Since the Project transit trips
can be accommodated by existing transit service in the Project vicinity,
no significant CMP transit impacts are forecast to occur.
(2) Intersection Level of Service (including Cumulative impacts).
Project impacts involving the following intersections would be less than
significant:
Forecast Near -Term With Phase I Project_ Conditions Study
Intersections
• Intersection 1 (Pershing Drive /Imperial Highway);
• Intersection 2 (Vista del Mar /Grand Avenue);
• Intersection 3 (Highland Avenue /Rosecrans Avenue);
• Intersection 4 (Main Street/Grand Avenue);
• Intersection 5 (Lomita Street/Grand Avenue);
• Intersection 6 (Kansas Street/Grand Avenue);
• Intersection 23 (Hughes Way /Imperial Highway);
• Intersection 24 (Continental Boulevard /Mariposa Boulevard);
• Intersection 25 (Continental Boulevard /Grand Avenue);
• Intersection 26 (Continental Boulevard/El Segundo Boulevard
• Intersection 28 (Nash Street/Atwood Way);
• Intersection 29 (Nash Street/Maple Avenue);
• Intersection 30 (Nash Street/Mariposa Avenue);
• Intersection 31 (Nash Street /Grand Avenue);
• Intersection 32 (Nash Street/El Segundo Boulevard);
• Intersection 33 (1 -105 EB On- Ramp /Atwood Way);
• Intersection 34 (Douglas Street/imperial Highway);
• Intersection 35 (Douglas Street/Atwood Way);
• Intersection 36 (Douglas Street/Maple Avenue);
• Intersection 37 (Douglas Street/Mariposa Avenue);
• Intersection 38 (Douglas Street/El Segundo Boulevard);
• Intersection 39 (Douglas Street/Transit Center);
• Intersection 40 (Douglas Street/Rosecrans Avenue);
• Intersection 41 (Aviation Boulevard /Century Boulevard);
• Intersection 42 (Aviation Boulevard /104th Street);
+ Intersection 43 (Aviation Boulevard /111th Street);
• Intersection 44 (Aviation Boulevard /Imperial Highway);
• Intersection 45 (Aviation Boulevard /116th Street);
• Intersection 46 (Aviation Boulevard /120th Street);
• Intersection 47 (Aviation Boulevard /124th Street);
• Intersection 49 (Aviation Boulevard /Utah Avenue);
• Intersection 50 (Aviation Boulevard /Alaska Avenue);
• Intersection 51 (Aviation Boulevard /Rosecrans Avenue);
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• Intersection 52 (Aviation Boulevard /33rd Street);
• Intersection 53 (Aviation Boulevard /Marine Avenue);
• Intersection 54 (Aviation Boulevard /Space Park Drive);
• Intersection 55 (Aviation Blvd. /Manhattan Beach Blvd.);
• Intersection 56 (Isis Avenue /Rosecrans Avenue);
• Intersection 58 (Hindry Avenue /Rosecrans Avenue);
• Intersection 60 (La Cienega Boulevard /Imperial Highway);
• Intersection 62 (La Cienega Blvd. /El Segundo Blvd.);
• Intersection 69 (Sepulveda Boulevard /Manchester Avenue);
• Intersection 66 (Douglas Street/Coral Circle North); and
• Intersection 67 (Douglas Street/Coral Circle South).
Forecast Near -Term With Phase I Project Conditions State HighwaV Stud
Intersections
• Intersection 7 (Sepulveda Blvd. (SR -1) /Lincoln Boulevard);
• Intersection 8 (Sepulveda Boulevard (SR -1) /Century Boulevard);
• Intersection 9 (Sepulveda Blvd. (SR -1)/1 -105 WB Off - Ramp);
• Intersection 10 (Sepulveda Boulevard (SR -1) /Imperial Highway);
• Intersection 11 (Sepulveda Boulevard (SR- 1)NValnut Avenue);
• Intersection 12 (Sepulveda Boulevard (SR -1) /Maple Avenue);
• Intersection 13 (Sepulveda Boulevard (SR -1) /Mariposa Avenue);
• Intersection 14 (Sepulveda Boulevard (SR -1) /Grand Avenue);
• Intersection 15 (Sepulveda Blvd. (SR -1) /EI Segundo Blvd.);
• Intersection 16 (Sepulveda Boulevard (SR -1) /Hughes Way);
• Intersection 17 (Sepulveda Boulevard (SR -1) /Park Place);
• Intersection 18 (Sepulveda Blvd. (SR -1) /Rosecrans Avenue);
• Intersection 19 (Sepulveda Boulevard (SR- 1)/33rd Street);
• Intersection 20 (Sepulveda Boulevard (SR -1) /Marine Avenue);
• Intersection 21 (Sepulveda Boulevard (SR- 1)/18th Street);
• Intersection 22 (Sepulveda Blvd. (SR -1) /Manhattan Beach Blvd.);
• Intersection 27 (Nash St. —1 -105 WB Off- Ramp /Imperial Hwy.)
• Intersection 33 (1 -105 EB3 On- Ramp /Atwood Way);
• Intersection 57 (1 -405 SB Ramps/El Segundo Boulevard);
• Intersection 59 (Hindry Avenue /1 -405 SB Ramps);
• Intersection 61 (La Cienega Boulevard /1 -405 SB Ramps);
• Intersection 63 (1 -405 SB Off- Ramp /Rosecrans Avenue);
• Intersection 64 (1 -405 NB Ramps/El Segundo Boulevard);
• Intersection 65 (1 -405 NB Ramps /Rosecrans Avenue);
• Intersection 68 (Lincoln Boulevard (SR -1) /Manchester Avenue);
• Intersection 70 (Pacific Coast Hwy. (SR -1) /Artesia Blvd.); and
• Intersection 71 (Pacific Coast Hwy. (SR- 1)/Torrance Blvd.
Forecast Near -Term With Phase I Project Conditions CMP Stud
Intersections
• Intersection 7 (Sepulveda Blvd. (SR -1) /Lincoln Boulevard);
• Intersection 15 (Sepulveda Blvd. (SR -1) /EI Segundo Blvd.);
• Intersection 18 (Sepulveda Blvd. (SR -1) /Rosecrans Avenue);
• Intersection 68 (Lincoln Boulevard (SR -1) /Manchester Avenue);
• Intersection 69 (Sepulveda Boulevard /Manchester Avenue;
• Intersection 70 (Pacific Coast Hwy. (SR -1) /Artesia Blvd.); and
• Intersection 71 (Pacific Coast Hwy. (SR- 1)/Torrance Blvd.
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Forecast Long-Range, With Project Buildout Cumulative Conditions
Study Intersections
• Intersection 1 (Pershing Drive /Imperial Highway);
• Intersection 2 (Vista del Mar /Grand Avenue);
• Intersection 3 (Highland Avenue /Rosecrans Avenue);
• Intersection 4 (Main Street/Grand Avenue);
• Intersection 5 (Lomita Street/Grand Avenue);
• Intersection 6 (Kansas Street/Grand Avenue);
• Intersection 23 (Hughes Way /Imperial Highway);
• Intersection 24 (Continental Boulevard /Mariposa Boulevard);
• Intersection 25 (Continental Boulevard /Grand Avenue);
• Intersection 26 (Continental Boulevard/El Segundo Boulevard
• Intersection 28 (Nash Street/Atwood Way);
• Intersection 30 (Nash Street/Mariposa Avenue);
• Intersection 31 (Nash Street/Grand Avenue);
• Intersection 33 (1 -105 EB On- Ramp /Atwood Way);
• Intersection 34 (Douglas Street/Imperial Highway);
• Intersection 35 (Douglas Street/Atwood Way);
• Intersection 36 (Douglas Street/Maple Avenue);
• Intersection 37 (Douglas Street/Mariposa Avenue);
• Intersection 39 (Douglas Street/Transit Center);
• Intersection 40 (Douglas Street/Rosecrans Avenue);
• Intersection 41 (Aviation Boulevard /Century Boulevard);
• Intersection 42 (Aviation Boulevard /104th Street);
• Intersection 43 (Aviation Boulevard /111th Street);
• Intersection 44 (Aviation Boulevard /Imperial Highway);
• Intersection 45 (Aviation Boulevard /116th Street);
• Intersection 46 (Aviation Boulevard /120th Street);
• Intersection 47 (Aviation Boulevard /124th Street);
• Intersection 52 (Aviation Boulevard /33rd Street);
• Intersection 54 (Aviation Boulevard /Space Park Drive);
• Intersection 56 (Isis Avenue /Rosecrans Avenue);
• Intersection 58 (Hindry Avenue /Rosecrans Avenue);
• Intersection 60 (La Cienega Boulevard /Imperial Highway);
• Intersection 66 (Douglas Street/Coral Circle North); and
• Intersection 67 (Douglas Street/Coral Circle South).
Forecast Lon -Ran e With Project Buildout Cumulative Conditions
State Highway Study Intersections
• Intersection 8 (Sepulveda Boulevard (SR -1) /Century Boulevard);
• Intersection 9 (Sepulveda Blvd. (SR -1)/1 -105 WB Off - Ramp);
• Intersection 10 (Sepulveda Boulevard (SR -1) 1Imperial Highway);
• Intersection 11 (Sepulveda Boulevard (SR- 1)/Walnut Avenue);
• Intersection 12 (Sepulveda Boulevard (SR -1) /Maple Avenue);
• Intersection 14 (Sepulveda Boulevard (SR -1) /Grand Avenue);
• Intersection 15 (Sepulveda Blvd. (SR -1) /EI Segundo Blvd.)
• Intersection 16 (Sepulveda Boulevard (SR -1) /Hughes Way);
• Intersection 17 (Sepulveda Boulevard (SR -1) /Park Place);
• Intersection 18 (Sepulveda Blvd. (SR -1) /Rosecrans Avenue);
• Intersection 19 (Sepulveda Boulevard (SR -I) /33rd Street);
• Intersection 20 (Sepulveda Boulevard (SR -1) /Marine Avenue);
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Utilities and Service Systems
• Intersection 21 (Sepulveda Boulevard (SR- 1)/18th Street);
• Intersection 22 (Sepulveda Blvd. (SR -1) /Manhattan Beach Blvd.);
• Intersection 27 (Nash St. —1 -105 WB Off- Ramp /Imperial Hwy.)
• Intersection 33 (1 -105 EB3 On- Ramp /Atwood Way);
• Intersection 59 (Hindry Avenue /1 -405 SB Ramps);
• Intersection 61 (La Cienega Boulevard /1 -405 SB Ramps);
• Intersection 63 (1 -405 SB Off - Ramp /Rosecrans Avenue);
• Intersection 64 (1 -405 NB Ramps/El Segundo Boulevard);
• Intersection 65 (1 -405 NB Ramps /Rosecrans Avenue);
• Intersection 68 (Lincoln Boulevard (SR -1) /Manchester Avenue);
• Intersection 70 (Pacific Coast Hwy. (SR -1) /Artesia Blvd.); and
• Intersection 71 (Pacific Coast Hwy. (SR- 1)/Torrance Blvd.
Forecast Long-Range With Project Buildout Cumulative Conditions
CMP Study Intersection
• Intersection 68 (Lincoln Boulevard (SR -1) /Manchester Avenue);
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts to below a level of significance for the El Segundo South
Campus Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to traffic and CMP transit.
a) Facts /Effects
(1) Wastewater Treatment. Project implementation would increase the
demand for wastewater treatment. However, the Project would not
alter the Joint Water Pollution Control Plant's (JWPCP's) design
capacities, or cause the plant (i.e., discharger) to violate the effluent
limitations, receiving water limitations, or standard provisions.
Moreover, all future development within the El Segundo South Campus
Specific Plan area must comply with NPDES requirements for any
commercial and light industrial uses that plan to discharge wastewater
to the City's sewage system, which ultimately flows to the JWPCP.
Therefore, Project implementation would not cause the Los Angeles
Regional Water Quality Control Board (LARWQCB) wastewater
treatment requirements to be exceeded and a less than significant
impact would occur in this regard.
(2) Water Supplies. The Project is estimated to result in a net increase
in potable water demand. However, the El Segundo Urban Water
Management Plan (UWMP) demonstrated that the water supply
capacity needed for the Project was accounted for in the UWMPs of the
City and West Basin, its wholesale water agency. Therefore, there
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would be sufficient water supplies available to serve the Project from
existing entitlement and resources, and no new or expanded
entitlement would be needed. A less than significant impact would
occur in this regard.
(3) Solid Waste. The Project would be served by a landfill with
sufficient permitted capacity to accommodate the Project's solid waste
disposal needs. Further, the Project would be required to comply with
the City's SRRE for diverting solid waste. Compliance with the SRRE
would reduce the volume of solid waste ultimately disposed of at a
landfill. Additionally, compliance with the SRRE would be in
furtherance of meeting the City's disposal rate targets and exceeding
AB 939's 50 percent diversion requirement. Continued compliance with
the SRRE would ensure that the Project would comply with the statutes
and regulations related to solid waste. Therefore, the Project would not
conflict with federal, state, or local statutes and regulations related to
solid waste, and a less than significant impact would occur in this
regard.
(4) Cumulative Impacts. The Project would similarly place greater
demands on the system. Therefore, the Project's incremental effects
to the water system are cumulatively considerable. The Water System
Study analyzed the Project's impacts upon capacity, pressures, and fire
flows in the water system serving the site and surrounding area. The
analysis concluded water facility improvements were necessary to
ensure that the Project combined with cumulative development would
be adequately served. The Project would have a less than significant
impact to water facilities with mitigation incorporated. Additionally,
each cumulative project would be required to submit individual analysis
of their potential impacts upon the water system and demonstrate how
the project satisfies minimum standards. Therefore, the combined
cumulative impacts to the water system associated with the Project's
incremental effects and those of the cumulative projects would be less
than significant.
The Project would have a less than significant impact to sewer facilities
with mitigation incorporated. Additionally, each cumulative project
would be required to submit individual analysis of their potential impacts
upon the sewer system and demonstrate how the project satisfies
minimum standards. Therefore, the combined cumulative impacts to
the sewer system associated with the Project's incremental effects and
those of the cumulative projects would be less than significant.
The WSA concluded sufficient water supply is available to the water
provider during normal, single dry, and multiple dry years within a 20-
year projection that would meet the Project's demands, in addition to
existing and planned future uses. The Project would have a less than
significant impact to water supplies. Therefore, the combined
cumulative impacts to water supplies associated with the Project's
incremental effects and those of the cumulative projects would be less
than significant.
Cumulative wastewater treatment facility impacts from the Project were
determined to be less than significant, as the population growth
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attributed to the Project and cumulative development is considered
unlikely. Given the unemployment that exists in El Segundo and
surrounding areas, it is anticipated that the new positions created by
the Project and cumulative development would be filled by persons who
already reside in the area and generate a demand for wastewater
treatment. Therefore, the combined cumulative impacts to the JWPCP
capacity associated with the Project's incremental effects and those of
the cumulative projects would be less than significant.
The Project would increase solid waste generation and impact
capacities at landfills. However, compliance with the El Segundo and
respective cities SRREs would reduce the volume of solid waste
ultimately disposed of at a landfill. Additionally, compliance with the
SRRE would be in furtherance of meeting each jurisdiction's disposal
rate targets and exceeding AB 939's 50 percent diversion requirement.
Therefore, the combined cumulative impacts to landfill capacities
associated with the Project's incremental effects and those of the
cumulative projects would be less than significant.
For purposes of dry utilities analyses, cumulative impacts are
considered for cumulative projects, which are located in the SCE, SCG,
and the AT &T /Sprint/Time Warner Cable telecommunication service
areas. Dry utilities would not provide service to the Project (or any new
development), if there were not adequate supplies and infrastructure to
maintain existing service levels and meet the anticipated demands of
the specific development requesting service. The Project would be
subject to compliance with Code of California Regulations Title 24
energy conservation standards. Additionally, the Project proposes a
new onsite substation to meet Project demands. Therefore, the
Project's incremental effects to dry utilities are not cumulatively
considerable.
b) Mitigation:
No mitigation measures are required to reduce the aforementioned
impacts below a level of significance for the El Segundo South Campus
Specific Plan Project FEIR.
c) Finding:
The City Council finds that the FEIR and the record of proceedings do
not identify or contain substantial evidence identifying significant
environmental effects of the El Segundo South Campus Specific Plan
Project with respect to wastewater treatment, water supplies, solid
waste, and cumulative impacts to public utilities and service systems.
D. Impacts Identified as Potentially Significant in the Initial Study But Which
Can Be Reduced to Less -Than- Significant Levels with Mitigation Measures.
The City Council finds that the following environmental effects were identified as Less
Than Significant with Mitigation Incorporated in the FEIR, and implementation of the
identified mitigation measures would avoid or lessen the potential environmental effects
listed below to a level of significance.
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1. Air Quality
a) Facts /Effects;
(1) Short-Term Air Quality Standards. The Project could violate an air
quality standard or contribute substantially to an existing or projected air
quality violation.
Temporary impacts would result from Project construction activities.
Short-term air emissions would result from particulate (fugitive dust)
emissions from grading and building construction and exhaust
emissions from the construction equipment and the motor vehicles of
the construction crew. Implementation of Mitigation Measures AQ -1
through AQ -4 would lessen construction - related impacts by requiring
measures to reduce air pollutant emissions from construction activities
and reduce the impact of this environmental effect to a less than
significant level.
(2) Localized Emissions. Development associated with the Project
could result in localized emissions impacts or expose sensitive receptors
to substantial pollutant concentrations.
The Wilshire Boulevard/Veteran Avenue intersection in Los Angeles
experienced the highest CO concentration (4.6 parts per million [ppm]),
which is well below the 35 -ppm 1 -hr CO Federal standard. The Wilshire
Boulevard/Veteran Avenue intersection is one of the most congested
intersections in Southern California with an average daily traffic (ADT)
volume of approximately 100,000 vehicles per day. Based on the
Project Traffic Impact Analysis, none of the study intersections would
have an average daily traffic volume greater than 100,000 vehicles per
day. As a CO hotspot would not be experienced at the Wilshire
BoulevardNeteran Avenue intersection, it can be reasonably inferred
that CO hotspots would not be experienced at any study intersection.
Implementation of Mitigation Measures AQ -1 through AQ -4 would
lessen localized emissions impacts by requiring measures to reduce air
pollutant emissions from construction activities and reduce the impact of
this environmental effect to a less than significant level.
(3) Cumulative Short-Term Construction Air Emissions. Short -term
construction activities associated with implementation of the Proposed
Project and other related cumulative projects would result in air pollutant
emission impacts or expose sensitive receptors to substantial pollutant
concentrations.
Compliance with SCAQMD rules and regulations and Mitigation
Measures AQ -1 through AQ -4 would reduce construction - related
impacts to a less than significant level during construction. Thus, it can
be reasonably inferred that the Project - related construction activities, in
combination with those from other projects in the area, would not
significantly deteriorate the local air quality. Cumulative construction -
related impacts would be less than significant.
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b) Mitigation: Mitigation Measures AQ -1 to AQ -4, asset forth in the EIR and
MMRP.
c) Finding:
The City Council finds that the Project is conditioned to avoid or
substantially lessen the potential air quality environmental effects as
identified in the FEIR.
2. Geology and Soils.
a) Facts /Effects:
(1) Strong Seismic Ground Shaking. The Project could expose people
or structures to potential substantial adverse effects involving strong
seismic ground shaking.
All structures associated with the proposed development must be
designed to withstand this recommended "design - level" earthquake, as
set forth in the latest edition of the CBC. The Report further
recommends an in -depth seismic design analysis for structures over two
stories. The potential adverse impacts to new structures due to strong,
seismically - induced, vibratory ground motion would be sufficiently
mitigated through proper seismic design. No significant geotechnical-
related constraints that would preclude designing adequate foundations
and structural elements for the taller structures are anticipated.
Therefore, compliance with the CBC and SSMC, and the Geology and
Soils Report's recommendations, which include the use of more
stringent earthquake ground motions and in -depth seismic design
analyses, would ensure that Project implementation and Mitigation
Measure GEO -1 would result in a less than significant impact regarding
the exposure of people or structures to potential substantial adverse
effects involving strong seismic ground shaking.
(2) Seismically- Induced Soil /Ground Settlement and turchinq. The
Project could expose people or structures to potential substantial
adverse effects involving strong seismic ground shaking.
The geologic materials that underlie the Project site include a late
Pleistocene age dune sand and undocumented artificial fill soils. From
a geotechnical perspective, the older dune sands have sufficient soil
engineering strengths to provide foundation support for the proposed
structures. Additionally, ground lurching may occur on the Project site
where deposits of loose dune sand and/or undocumented fill soils exist.
Therefore, in compliance with ESMC § 14 -1 -9, a soils investigation of
each lot in the proposed subdivision would be conducted and the
appropriate corrective action recommended. Therefore, compliance
with the CBC and ESMC, and the Geology and Soils Report's
recommendations, which include removal of the undocumented fill soils
and replacement as properly engineered fill, along with Mitigation
Measure GEO -1 would ensure that Project implementation would result
in a less than significant impact regarding the exposure of people or
structures to potential substantial adverse effects involving seismically -
induced soil /ground settlement and lurching.
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(3) Unstable Geologic Unit or Soils. The proposed development could
be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the Project, exposing people or
structures to potential substantial adverse effects.
During Project construction, excavations associated with remedial
grading /ground stabilization and underground utilities would encounter
the poorly unconsolidated /noncohesive artificial fill. If unsupported,
these soils would be subject to sloughing and caving, hence creating a
short -term hazard to construction workers and equipment. Therefore,
compliance with the CBC and ESMC, and the Geology and Soils
Report's recommendations, which include removal of the
undocumented fill soils and replacement as properly engineered fill, as
well as a slope design with a minimum factor of safety of 1.5, along with
Mitigation Measure GEO -1, would ensure that Project implementation
would result in a less than significant impact regarding the exposure of
people or structures to potential substantial adverse effects involving
unstable geologic units or soils.
(4) Expansive Soils. The proposed development could be located on
expansive soil creating substantial risks to life or property.
Based on the results of the laboratory test performed by RGI, both native
and undocumented clay soils are anticipated to exhibit a high expansion
potential. Accordingly, the potential for expansive soils to impact new
development is considered high. Therefore, compliance with the CBC
and ESMC, and the Geology and Soils Report's recommendations,
which include removal of all moderately to highly expansive clay soils
and avoidance of clayey soils in compacted fill, along with Mitigation
Measure GEO -1, would ensure that Project implementation would result
in a less than significant impact regarding the creation of substantial
risks to life or property by locating development on expansive soil.
(5) Corrosive Soils. The proposed development could be located on
corrosive soil creating damage to property.
The near surface soils are mildly to moderately corrosive to ferrous
metals in contact with these soils. Therefore, compliance with the CBC
and ESMC, and the Geology and Soils Report's recommendations,
which include conducting an evaluation of the nature and extent of
corrosive soils, development of a corrosion mitigation plan, protection of
buried metal piping, and Mitigation Measure GEO -1 would ensure that
Project implementation would result in a less than significant impact
regarding the creation of substantial risks to life or property by locating
development on corrosive soil.
b) Mitigation: Mitigation Measure GEO -1, as set forth in the EIR and
MMRP.
c) Finding:
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The City Council finds that the
substantially lessen the potential
effects as identified in the FEIR.
4. Hazards and Hazardous Materials.
a) Facts /Effects:
Project is conditioned to avoid or
geology and soils environmental
(1) Construction - Related Accidental Release of Hazardous Materials.
Short -term construction activities could create a significant hazard to the
public or environment through accident conditions involving the release
of hazardous materials.
Site disturbance /demolition activities could expose workers to a variety
of potentially hazardous materials. Implementation of Mitigation
Measures HAZ -1 through HAZ -5 would reduce potential impacts from
site disturbance /demolition activities that would result in accidental
conditions at the Project site. If unknown wastes or suspect materials
are discovered during construction by the contractor, which he /she
believes may involve hazardous wastes /materials, the contractor would
be required to comply with Mitigation Measure HAZ -6, which requires
the contractors to immediately stop work in the vicinity of the suspected
contaminant, removing workers and the public from the area, secure the
areas, as directed by the City Engineer and notify the El Segundo Fire
Department. With implementation of Mitigation Measures HAZ -1
through HAZ -6 and compliance with applicable Federal, State, and local
regulatory requirements, potential impacts through accident conditions
involving the release of hazardous materials would be reduced to less
than significant levels.
(2) Operations. Project operations could create a significant hazard to
the public or environment through the handling, storage, and /or use of
hazardous materials, as well as accident conditions involving the
release of hazardous materials.
Based on the moderate potential for contaminated groundwater
underlying the Project site, vapor intrusion into proposed structures as a
result of these contamination plumes could occur. With implementation
of Mitigation Measure HAZ -5, a qualified site characterization specialist
would be required to conduct updated site characterization at the Project
site before issuance of any Building Permits, in consultation with the
ESFD, with regard to onsite contaminated soils and groundwater. Upon
completion of site characterization activities, remedial activities, if
necessary, would be recommended in consultation with ESFD and /or
other applicable agencies. Also, before the City issued any building
permit, vapor intrusion investigations would be required to be conducted
by a qualified Environmental Professional, in consultation with the ESFD
(Mitigation Measure HAZ -7). Should the Environmental Professional
determine that proposed buildings could be impacted by vapor intrusion,
the Environmental Professional, in consultation with ESFD, would
recommend specific design measures to be incorporated into the
buildings' design that would reduce these indoor air quality
concentrations to below regulatory thresholds, as directed by ESFD.
With implementation of Mitigation Measures HAZ -5 and HAZ -7, impacts
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to persons at the Project site as a result of vapor intrusion would be
reduced to less than significant.
(3) Interference With An Adopted Emergency Response Or Evacuation
Plan. Project operations could create a significant hazard to the public
or environment through interference with an adopted emergency
response or evacuation plan.
The General Plan Public Safety Element states that it is the City's goal
to periodically review and reevaluate the City's Emergency Operation's
Plan, to ensure adequate evacuation routes and street widths,
emergency services, equipment, shelters, and all other major needs that
could arise in the event of a disaster. Project implementation could
affect access along El Segundo Boulevard during construction of the
proposed roadway improvements (which could temporarily block
emergency access and /or evacuation routes). Any such impacts would
be limited to the construction period and would only affect El Segundo
Boulevard in the Project vicinity, and as such, would be unlikely to
interfere with emergency response vehicles (e.g., fire, police, or
ambulance). Also, the Project must adhere to HAZ -8, which requires
future development to notify the El Segundo Fire, Police, Public Works
and Planning and Building Safety Departments of construction activities
that would impede movement (such as road or lane closures) along
roadways immediately adjacent to the development area, to allow for
uninterrupted emergency access and maintenance of evacuation
routes. Given that access would be impeded only temporarily, and since
only partial roadway closure would occur, with implementation of
recommended Mitigation Measure HAZ -8, the Project would not
interfere with an adopted emergency response or evacuation plan.
Impacts in this regard would be reduced to less than significant.
b) Mitigation: Mitigation Measures HAZ -1 to HAZ -8, as set forth in the EIR
and MMRP.
c) Finding:
The City Council finds that the Project is conditioned to avoid or
substantially lessen the potential hazards and hazardous materials
environmental effects at the Project site as identified in the FEIR.
5. Hydrology and Water Quality.
a) Facts /Effects:
(1) Long-Term Operational Impacts. Project implementation could alter
existing drainage patterns, result in increased run -off amounts, and
degrade water quality. The Project could require or result in the
construction of new storm water drainage facilities or expansion of
existing facilities, the construction of which could cause significant
environmental effects.
The site's drainage patterns upon Project implementation are relatively
minor offsite flow from El Segundo Boulevard and the property to the
south would continue unobstructed to combine with onsite flows. The
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Project area would continue to drain northwest to southeast.
Reconfiguration of site roadways and replacement of existing buildings
and surface parking lots with new buildings and parking lots /structures
would result in changes to drainage patterns and amounts of impervious
surfaces. However, proposed drainage sub - areas would closely match
existing sub - areas. Implementation of Mitigation Measures HWQ -1 and
HWQ -2 and compliance with NPIDES and ESMC requirements would
reduce potential impacts to long -term water quality to less than
significant levels.
b) Mitigation: Mitigation Measures HWQ -1 to HWQ -2, as set forth in the
EIR and MMRP.
c) Finding:
The City Council finds that the Project is conditioned to avoid or
substantially lessen the potential hydrology and water quality
environmental effects at the Project site as identified in the FEIR.
6. Noise.
a) Facts /Effects.
(1) Short-Term Construction Noise impacts. Grading and construction
associated with Project implementation could result in significant
temporary noise impacts to nearby noise sensitive receptors.
Construction activities would begin in one specific development area
and subsequently move to the other specific development areas.
Therefore, construction would not occur in any one location for an
extended period of time. All future development within the El Segundo
South Campus Specific Plan area would be subject to compliance with
the implementing policies of the El Segundo General Plan Noise
Element and SSMC Chapter 7 -2 (Noise and Vibration). Additionally,
implementation of Mitigation Measure N -1 would reduce construction
noise associated with future development by requiring preparation of a
Construction Noise Management Dian that includes limiting
construction to the less noise sensitive periods of the day (i.e., between
the hours of 7:00 AM and 6:00 PM per ESMC § 7 -2 -10) and ensuring
that proper operating procedures are followed during construction so
that nearby sensitive receptors are not adversely affected by noise and
vibration (i.e., pursuant to the standards set forth in ESMC § 7 -2 -4).
Therefore, following compliance with the ESMC and implementation of
Mitigation Measure N -1, impacts would be reduced to a less than
significant level.
(2) Short -Term Construction Noise Impacts. Construction activities
associated with the proposed Project and cumulative projects may
overlap, resulting in construction noise in the area. However, as
analyzed above, construction noise impacts primarily affect the areas
immediately adjacent to the construction site. Construction noise for
the proposed Project was determined to be less than significant
following compliance with the ESMC and Mitigation Measure N -1,
Thus, as construction noise is localized in nature and drops off rapidly
from the source, and with implementation of Project- specific mitigation
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measures, less than significant cumulative construction - related noise
impacts would result.
b) Mitigation: Mitigation Measure N -1, as set forth in the EIR and MMRP.
c) Finding:
The City Council finds that the Project is conditioned to avoid or
substantially lessen the potential operational noise environmental
effects as identified in the FEIR.
7. Trans ortatiion and Traffic
a) Facts /Effects
(1) Intersection Level of Service includin Cumulative lm acts . With
implementation of mitigation measures, Project impacts involving
the following intersections would be reduced to less than significant:
Forecast Lon -Ran e with Project Buildout Conditions
Study Intersection
0 Intersection 49 (Aviation Boulevard /Utah Avenue).
Forecast Lon -Ran e With Project Buildout Conditions
State Highway Study Intersection
Intersection 57 (1 -405 SB3 Ramps/El Segundo
Boulevard).
b) Mitigation: Mitigation Measure TRA -4 and TRA -9, as set forth in the
EIR and MMRP.
c) Finding:
The City Council finds that the Project is conditioned to avoid or
substantially lessen the traffic impacts at the aforementioned
intersections as identified in the FEIR.
E. Si nificant Unavoidable Effects that Cannot be—Mitigated to a Level of
Insignificance.
The City Council finds that the following environmental effects were identified as
Significant and Unavoidable in the FEIR. Implementation of the identified mitigation
measures would lessen the potential environmental effects to the extent feasible but not
below a level of significance.
1. Land Use and Planning
a) Facts /Effects.
General Plan Policies The proposed ESSCSP is determined to be
consistent with the relevant General Plan Policies, excluding Circulation
Element Policies C1 -1.2, C1 -1.5, and C1 -1.10. Therefore, the Project
would result in a significant and unavoidable impact regarding conflicts with
Circulation Element Policies C1 -1.2, C1 -1.5, and C1 -1.10.
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DI Miti ation: No feasible mitigation is available.
2. Air Quality.
a) Facts /Effects.
(1) ban -Term Air Emissions. Despite implementation of the Project
Design Features, ESMC Chapter 15 -15 TDM and trip reduction
measures, and Mitigation Measure GHG -1, the operational mitigated
emissions would remain above SCAQMD thresholds for ROG, NOx,
and CO. Therefore, impacts in this regard would be significant and
unavoidable.
2 AQMP Consistent . Although, the Project's long -term influence
would be consistent with the AQMP and SCAG's goals and policies,
the Projects exceedance of operational ROG, NOx, and CO thresholds
would potentially result in a long -term impact on the region's ability to
meet State and Federal air quality standards. Therefore, impacts
associated with AQMP compliance would be significant and
unavoidable.
(2) Cumulative Emissions Operational activities would create a
significant and unavoidable impact due to exceedances of SCAQMD
thresholds for ROG, NOx, and CO. Implementation of recommended
Mitigation Measures GHG -1 would reduce impacts; however, a
significant and unavoidable impact would remain.
bZ Mitigation: Mitigation Measure GHG -1, as set forth in the EIR and
MMRP.
c) Finding:
The City Council finds that the Project is conditioned to lessen the long-
term air quality effects at the Project site as identified in the FEIR. The
long -term, AQMP consistency and cumulative air quality impacts of the
Project cannot be mitigated below the threshold of significance.
3. Greenhouse Gas Emissions
a) Facts /Effects.
(1) Greenhouse Gas Emissions Implementation of the proposed
Project Design Features, and compliance with ESMC requirements and
Mitigation Measure GHG -1 would reduce Project - related GHG
emissions to 5.9 MTCO2eq per capita per year, which would exceed
the 4.8 MTCO2eq per capita per year project level GHG threshold.
Therefore, impacts in this regard would be significant and unavoidable.
(2) Cumulative Greenhouse Gas Emissions. As stated above,
Project - related GHG emissions would be significant and unavoidable
despite the Project Design features, and implementation of ESMC
requirements and Mitigation Measure GHG -1. Therefore, the Project's
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cumulative GHG emissions would be considered significant and
unavoidable.
b) Mitigation: Mitigation Measure GHG -1, as set forth in the EIR and
MMRP,
c) Finding:
The City Council finds that the Project is conditioned to lessen the
greenhouse gas environmental effects at the Project as Identified in the
FEIR. The impacts involving Project and cumulative greenhouse gas
emissions cannot be mitigated below the threshold of significance.
4. Trans ortation and Traffic,
a) Facts /Effects.
Intersection Level of Service Oncluding. Cumulative im acts , Despite
implementation of all feasible mitigation measures, Project impacts
involving the following intersections would remain significant and
unavoidable:
Near-Term With Phase I Pro 'e� ct Conditions Study Area Intersection
• Intersection 48 (Aviation Boulevard/El Segundo Boulevard, El
Segundo /Hawthorne).
Forecast Long-Rangee With Project Buildout (Cumulative Conditions
Stud Area intersections
• Intersection 29 (Nash Street /Maple Avenue, El Segundo);
• Intersection 32 (Nash Street/El Segundo Boulevard, El Segundo);
• Intersection 38 (Douglas Street/El Segundo Boulevard, El
Segundo);
• Intersection 48 (Aviation Boulevard/El Segundo Boulevard, El
Segundo /Hawthorne);
• Intersection 50 (Aviation Boulevard /Alaska Avenue, El
Segundo /Hawthorne);
• Intersection 51 (Aviation Boulevard /Rosecrans Avenue, El
Segundo /Hawthorne/ Manhattan Beach);
• Intersection 53 (Aviation Boulevard /Marine Avenue,
Hawthorne /Manhattan Beach/ Redondo Beach);
• Intersection 55 (Aviation Boulevard /Manhattan Beach Boulevard,
Manhattan Beach /Redondo Beach);
• Intersection 62 (La Cienega Boulevard /El Segundo Boulevard,
Hawthorne /Los Angeles County); and
• Intersection 69 (Sepulveda Boulevard /Manchester Avenue, City of
Los Angeles).
Forecast Long-Range With Project Buildout Cumulative Conditions
State Hi hwa Stud Intersections
• Intersection 7 (Sepulveda Boulevard (SR -I) /Lincoln Avenue,
Caltrans /CMP); and
• Intersection 13 (Sepulveda Boulevard (SR -1) /Mariposa Avenue,
Caltrans /CMP).
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Forecast Long-Range With Pra'ect Buildout Cumulative Conditions
CMP Study Intersections
• Intersection 7 (Sepulveda Boulevard (SR -1) /Lincoln Avenue,
Caltrans /CMP);
• Intersection 15 (Sepulveda Blvd (SR -1) /EI Segundo Blvd,
Ca)trans /CMP);
• Intersection 18 (Sepulveda Blvd (SR- 1) /Rosecrans Avenue,
Ca Itra ns /CMP);
• Intersection 69 (Sepulveda Blvd /Manchester Ave, Los Angeles
City /CMP);
• Intersection 70 (Pacific Coast Hwy (SR -1) /Artesia Blvd, Manhattan
Beach /Hermosa Beach /Caltrans /CMP); and
• Intersection 71 (Pacific Coast Hwy (SR- 1)/Torrance Blvd, Redondo
Beach/ Caltrans /CMP).
b) Mitigations: Mitigation Measures TRA -1 to TRA -10, as set forth in the
EIR and MMRP.
c) Finding:
The City Council finds that the Project is conditioned to lessen the traffic
impacts environmental effects from the Project as identified in the FEIR.
The traffic impacts of the Project cannot be mitigated below the
threshold of significance.
F. Growth Inducing Irn acts.
The City Council finds on the basis of the FEIR and the record of proceedings in this matter
that there are no significant growth inducing impacts.
G. Project Alternatives
1. Alternatives Considered but Rejected.
In accordance with CEQA Guidelines § 15126.6(c), an EIR should identify any
alternatives that were considered for analysis but rejected as infeasible and briefly
explain the reasons for their rejection. According to the CEQA Guidelines, among the
factors that may be used to eliminate alternatives from detailed consideration are the
alternative's failures to meet most of the basic project objectives, the alternative's
infeasibility, or the alternative's inability to avoid significant environmental impacts.
There are no alternatives that were considered and rejected.
2. No Pro "ect /No Develo meat Alternative.
a) Description.
The 142 -acre site is generally triangular shaped and level (encompasses Assessor
Parcel Numbers 4138- 014 -013 and -047). Excluding the El Segundo Boulevard
right -of -way (ROW), the Project site totals approximately 137 acres. The property
is currently developed with the Raytheon Company's Space and Airborne Systems
(SAS) facility. The existing SAS facility is locally referred to as the "South
Campus." Eleven (11) buildings are located at the central core of the Campus,
with vast surface parking lots (20 lots containing 6,873 parking spaces) located
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around their perimeter. These existing buildings are constructed in a modern
architectural style, at a maximum height of approximately 37 feet.
The No Project/No Development Alternative would retain the Project site in its
current condition. With this Alternative, the site would remain developed with the
existing SAS facility and related 11 buildings and surface parking lots. Under the
No Project/No Build Alternative, the El Segundo South Campus Specific Plan
would not be adopted and an increased density beyond what exists on the property
would not occur. Two new land use types (i.e., commercial and light industrial)
would not be introduced, as are proposed by the Project. None of the proposed
amendments to the El Segundo General Plan (General Plan), the General Plan
Map, the Zoning Map or the El Segundo Municipal Code (ESMC) would be
implemented. None of the improvements proposed as part of Tentative Map No.
71551 would be constructed and the property would not be subdivided into 26
separate parcels. Proposed improvements to the City's transportation circulation
system, including enhancements to the City's roadway network (El Segundo
Boulevard, and Continental Boulevard and Nash Street extensions), and bicycle
and pedestrian networks, would not be constructed. The existing surface parking
lots would remain.
The No Project/No Development Alternative would maintain the existing land uses,
and no structures would be demolished. Office, laboratory, manufacturing, and
warehouse land uses are located on the South Campus totaling approximately
2,089,090 gross square feet and a floor area ratio (FAR) of 0.29. Office uses would
continue to predominate among the site's existing land uses, comprising
approximately 1.2 million gross square feet, or one -half of the Campus' floor area.
The South Campus would continue to provide the existing private outdoor
recreational uses that include tennis and basketball courts, and baseball fields at
the northwest corner of the property.
b) Finding.
The City Council finds that the No Project /No Development Alternative would not
attain most of the Project's basic objectives. It would not contribute to the Project's
objective to create job opportunities or increase the City's economic base. This
Alternative would only partially meet two of the Project objectives, since
Raytheon's existing business operations would continue to contribute to the
business climate that fosters a strong economic community and provides a positive
contribution to the maintenance and expansion of the City's economic base.
However, new employment would not be generated. It would not meet the Project
objectives of providing a range of commercial and industrial uses that would
contribute to job creation opportunities or to provide multimodal improvements to
the City's transportation circulation system, including enhancements to the City's
roadway network, bicycle and pedestrian networks, and increase office and
commercial density in close proximity to an existing light rail station.
3. No Protect/Existing Entitlement Alternative.
a) Description.
The No Project/Existing Entitlement Alternative proposes development of what
would be reasonably expected to occur in the foreseeable future, if the Project
were not approved, based on the property's current adopted entitlement. As
discussed in detail in Section 3.2, BagLcLtound and History, of the FEIR, the
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Hughes Corporation received approval from the City in 1978 for a Precise Plan
that originally approved a maximum of 2,575,000 gross square feet of development
on the property, which resulted in a FAR of 0,42. Over the course of site
development, various changes to the originally approved Precise Plan, including
additional restrictions on the maximum allowable development on the site, were
made at the request of Hughes Corporation. Development on the property is
currently restricted to what is allowed under the existing amended entitlement
(Precise Plan 3 -78 Amendment #3 (approved as Resolution 2165 Amended
August 13, 1987)), which is 2,017,903 net square feet, allowing an additional
215,459 net square feet over the existing 1,802,444 net square feet, In
accordance with the existing amended entitlement and assuming approximately
14 percent of the floor area would be exempt, the No Project/Existing Entitlement
Alternative limits development on the property to the total identified in Precise Plan.
3 -78 Amendment #3 of 2,338,814 gross square feet, allowing an additional
249,724 gross square feet over existing 2,089,090 gross square feet.
Under the No Project/Existing Entitlement Alternative, no existing land uses would
be demolished and the new development would follow the Campus' existing land
use pattern, which involves office, laboratory, manufacturing, and warehouse
uses. With this Alternative, the El Segundo South Campus Specific Plan would
not be adopted and the onsite development intensity would be limited to what is
allowed by the Precise Plan. None of the proposed amendments to the El
Segundo General Plan (General Plan), General Plan Map, Zoning Map or the
ESMC would be implemented, rather the new development would proceed in
accordance with the Project site's existing land use designations and zoning.
None of the improvements proposed as part of Tentative Map No. 71551 would be
constructed and the property would not be subdivided into 26 separate parcels.
Proposed improvements to the City's transportation circulation system, including
enhancements to the City's roadway network (El Segundo Boulevard, and
Continental Boulevard and Nash Street extensions), and bicycle and pedestrian
networks, would not be constructed.
This Alternative involves development of approximately 141,169 gross square feet
of office, 42,092 gross square feet of laboratory, 51,764 gross square feet of
manufacturing, and 14,699 gross square feet of warehouse uses. The No
Project /Existing Entitlement Alternative would include laboratory and
manufacturing uses, which are not proposed by the Project, and exclude the
Project's light industrial and commercial uses, This Alternative also proposes
significantly less office and warehouse uses than the Project. Overall, this
Alternative proposes approximately 88 percent less development than the Project.
b) Finding.
The No Project /Existing Entitlement Alternative would allow onsite development in
accordance with the existing amended Precise flan (Resolution 2166, as
amended on August 13, 1987), for an additional 249,724 gross square feet of land
uses above existing conditions. Although to a significantly lesser degree than the
proposed Project, this Alternative would meet two of the Project objectives by
contributing to the business climate that fosters a strong economic community and
providing a positive contribution to the maintenance and expansion of the City's
economic base. It would not meet the Project objectives of providing a ranee of
commercial and industrial uses that would contribute to job creation opportunities
or to provide multimodal improvements to the City's transportation circulation
system, including enhancements to the City's roadway network, bicycle and
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pedestrian networks, and increase office and commercial density in close proximity
to an existing light rail station.
4. Alternative Site Alternative
As previously noted, among the factors that may be taken into account when
addressing the feasibility of alternatives are site suitability and whether the
proponent can reasonably acquire, control, or otherwise have access to the
alternative site (or the site is already owned by the proponent). Only locations that
would avoid or substantially lessen any of the Project's significant effects need be
considered for inclusion.
The Applicant does not retain any ownership rights to other properties within the
City limits and there are no other infill sites available that are adequately sized and
environmentally compatible. The largest undeveloped land area available in the
City is approximately 54 acres located east of Sepulveda Boulevard on Rosecrans
Avenue, adjacent to the existing Plaza El Segundo Shopping Center and "The
Point" Shopping Center, which is the currently under construction. This site is
crossed by various rail lines complicating development of the site. The site also
has limited street access and limited means to create access across the site or to
create multiple access points to major roadways. Therefore, no potentially feasible
alternative site alternatives were identified as available for analysis.
5. Raytheon Only Alternative.
a) Description.
The Raytheon Only Alternative would be generally the same as the proposed
Project in that it would involve approval of a Specific Plan that would establish a
maximum allowable development within the El Segundo South Campus Specific
Plan area of 4,231,547 gross square feet, or an additional 2,142,457 gross square
feet over existing conditions. However, the Project's proposed commercial
(retail /restaurant) uses would be excluded with this Alternative and replaced by
additional office, warehousing, and light industrial uses. As with the proposed
Project, this Alternative involves the following entitlements: a Specific Plan;
General Plan and General Plan Land Use Element Map Amendments; Zone
Change and Zone Text Amendment; and a 'Vesting Tentative Map subdividing the
property into separate parcels. Additionally, the Raytheon Only Alternative
assumes the Applicant's current Transportation demand Management (TDM)
program, which achieves an average daily trip (ADT) reduction of approximately
22 percent, is implemented also for the proposed office, warehousing, and light
industrial uses.
This Alternative assumes the following land uses: approximately 1,882,830 square
feet of office; 79,075 square feet of warehouse; and 180,553 square feet of light
industrial. Similar to the proposed Project, this Alternative would enable
development with any combination of permitted land uses, provided that the FAR
does not exceed the specified development square footage (at a maximum FAR
of 0.6) and that the resultant peals flour vehicle trips do not exceed the specified
peak hour trip ceiling. As compared to the proposed Project, the Raytheon Only
Alternative would exclude commercial uses (148,960 square feet) and include
approximately 7.5 percent more office, warehouse, and light industrial uses
(approximately 130,909 square feet, 5,498 square feet, and 12,553 square feet,
respectively).
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b) Findinge
The Raytheon Only Alternative would be generally the same as the proposed
Project (except for exclusion of commercial uses) in that it would involve approval
of a Specific Plan that would allow an additional 2,142,457 gross square feet over
existing conditions. Additionally, it would result in only nominally less employment
(approximately one percent). However, this Alternative would meet Project
Objectives 2 and 3 to a lesser degree. Regarding Objective 2, this Alternative
would provide a more limited range of uses and limitation to the existing employer.
Regarding Objective 3, the economic base expansion under this Alternative would
be limited to one employer, causing sales tax instability.
6. Conceptual Plan with Coral Circle Connection Alternative.
a) Description.
The Conceptual Plan With Coral Circle Connection Alternative (Coral Circle
Alternative) would be the same as the proposed Project in every respect, except
one: this Alternative also involves a connection to Coral Circle, between and
including portions of Lots 20 and 22, near the southeast corner of the Project site.
Specifically, the Coral Circle Alternative involves constructing a connection
between the proposed Nash Street extension and Coral Circle's existing southern
leg, near the Project site's southeast corner. A 60-foot ROW would be dedicated,
consistent with Coral Circle's classification as a Local Street. Construction of the
Coral Circle connection would occur before the City issued any certificate of
occupancy for the Phase II development. This Alternative involves providing the
Coral Circle ROW improvements, including curb /gutter, parkway trees, and
roadway paving among others, pursuant to ESMC Chapter 15 -24A, which outlines
the standards /requirements for ROW dedications and improvements.
b) Finding.
The Conceptual Plan With Coral Circle Connection Alternative (Coral Circle
Alternative) would be the same as the proposed Project in every respect, except
the Coral Circle connection. Therefore, this Alternative would meet all of the
Project objectives, as outlined above.
7. Envir mmentally Superior Alternative.
In compliance with Public Resources Code §15126,6(d), a matrix displaying the
major characteristics and significant environmental effects of each alternative is
included in the FEIR, see Table 7 -15, Compa� Altertiatives. The purpose
of this matrix is to summarize a comparison of project alternatives. Pursuant to
Public Resources Code §15126,6, it is required that one alternative be identified
as the environmentally superior alternative. Furthermore, if the environmentally
superior alternative is the "No Project" alternative, the FEIR must also identify the
environmentally superior alternative from among the other alternatives. As
indicated in FEIR Table 7 -15, the No Project/No Development Alternative is
identified as the environmentally superior alternative. Among the other
alternatives, the environmentally superior alternative is the Raytheon Only
Alternative. This Alternative would generally lessen the impacts associated Project
development, because it would involve different land uses and approximately 35
percent less traffic. Additionally, because the Raytheon Only Alternative would be
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generally the same as the proposed Project and would result in nominally less
employment (approximately one percent less), this Alternative would meet all of
the 'Project objectives (although, some to a lesser degree than the Project).
III. STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council finds on the basis of the F E I R and the entire administrative record for this matter
that the unavoidable significant impacts of the El Segundo South Campus Specific Plan Project
as discussed in Section II.D. above are acceptable when balanced against the benefits of the
Project. This determination is based on the following substantial public and social factors as
identified in the FEIR and the record of proceedings in the matter. Each Project objective /benefit
set forth below constitutes an overriding consideration warranting approval of the Project.
1. The project will help foster economic development in the City by contributing to a strong
business climate, with positive outcomes such as business retention and attraction, as
well as effective levels of City services to all members of the community.
2. Provide the opportunity for the City's largest employer to grow and expand its
operations within the City. This will aid in business retention efforts for the aerospace
industry, historically a major industry in the region.
3. Create a Specific Plan with a range of commercial and industrial uses that will
contribute to job creation opportunities and balance growth with local resources and
infrastructure capacity, Full build out of the Project is estimated to create 4,598 new
jobs within the Project area. In addition numerous temporary jobs will be created as
part of project construction.
4. Increase the City's tax base including utility user tax, property tax and sales tax, and
therefore provide the City with resources to provide high - quality services to residents
and the daytime population. The applicant submitted a Gross Fiscal Impact and
Economic Benefit Analysis, prepared by the Kosmont Companies (August 2015). That
analysis estimates future increased annual City fax revenue at $2.6 million dollars if the
project is fully built out. This would represent an approximate 4.3% increase in the
City's general fund revenues as reported for the 2014 -2015 fiscal year adopted budget.
5. Six annual payments will be made to the City beginning on March 31, 2016 and ending
March 31, 2021. The first annual payment is $500,000 and the subsequent five annual
payments are $700,000 each. The total arnount of the six required payments is
$4,000,000. If the Mash Street extension roadway improvements are not completed
within 10 years of the project approval date then an additional $5,000,000 payment will
be made to the City. All payments will be deposited into the City's General Fund and
may be used for any purpose determined by the City Council.
6. A $.50 per square foot fee for all new development on the site is required. All revenue
from this fee will be deposited into the City's General Fund.
7. Enhance the City's roadway network through the addition of a fourth traffic lane on El
Segundo Boulevard and construction of the Nash Street roadway extension, a roadway
link planned for in the El Segundo General Plan Circulation Element.
8. Providing opportunities for future roadway links, such as potential public use of a
roadway extending Continental Boulevard, potential to create an east -west connection
between Nash Street and Coral Circle, and potential roadway access to the east side
of the City's golf - course.
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9. Bicycle and pedestrian network improvements. The bicycle network improvements are
consistent with the recently adopted South Bay Bicycle Plan which provides a blueprint
for a regional bicycle network.
10. The Project will increase density close to the existing Metro Green -line light rail station
consistent with regional planning programs and plans, such as the SCAG Regional
Transportation Plan /Sustainable Communities Strategy and the Compass Blueprint
Growth Vision Program. The project site is within the Compass Blueprint 2% Strategy
Opportunity Areas" which identifies 2% of the region's land area where investing
planning efforts and resources will yield the greatest progress towards improving,
mobility, livability, prosperity and sustainability.
11. The increase in density close to the existing Metro Green Line light rail station is also
consistent with four General Plan Land Use Element policies (LU4 -3.2, LU 4 -4.4, LU 4-
4.6, and LU448) promoting denser mixed use development within a quarter mile of
the City's existing Green -line stations.
12. A potential opportunity where 25% of the costs upgrading the City sewer line in El
Segundo Boulevard is paid for by the Project applicant.
13. A potential opportunity for a private 7.54 -acre recreational /open space area to be
provided to the City for park purposes open to the public.
IV. RECIRCULATION.
Facts.
1. The City received comments on the DEIR from members of the public and from public
agencies in both written and oral form. The FEIR contains written responses to all
comments ( "Responses to Comments ") received on the DEIR as of November 14,
2014. Some comments were incorporated into the FEIR as factual corrections and
minor changes. The FEIR includes all factual corrections and minor changes to the
DEIR. All comments and testimony received prior to and at the City Council's public
hearing have been considered.
Finding.
Pursuant to CEQA Guidelines § 15088.5 and Public Resources Code § 21092.1, and
based on the FEIR and the record of proceedings in for the El Segundo South Campus
Specific Plan Project, the City Council finds that:
1. Factual corrections and minor changes are set forth as additions and
corrections to the DEIR; and
2. The factual corrections and minor changes to the DEIR are not substantial
changes in the DEIR that would deprive the public of a meaningful opportunity to
comment on a substantial ,adverse environmental effect of the
Rosecrans /Sepulveda Site Rezoning and Plaza El Segundo Development, a
feasible way to mitigate or avoid such an effect, or a feasible Project alternative;
and
3. The factual corrections and minor changes to the DEIR will not result in
new significant environmental effects or substantially increase the severity of the
significant effects previously disclosed in the DEIR; and
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4. The factual corrections and minor changes to the DEIR will not involve
mitigation measures or alternatives which are considerably different from those
analyzed in the DEIR that would substantially reduce one or more significant
effects on the environment; and
5. The factual corrections and minor changes to the DEIR do not render the
DEIR so fundamentally inadequate and conclusory in nature that meaningful public
review and comment would be precluded.
Thus, the City Council finds that none of the conditions set forth in CEQA Guideline §
15088.5 or Public Resources Cade § 21092.1 requiring recirculation of a draft environmental
impact report were met. The City Council further finds that incorporation of the factual corrections
and minor changes to the DEIR into the FEIR does not require that the FEIR to be recirculated
for public comment.
V. SU13STANTIAL EVIDENCE.
The City Council finds and declares that substantial evidence for each and every finding made
herein is contained in the FEIR, which is incorporated herein by this reference, and in the record
of proceedings in the matter.
P:\Planning & Building Safety \0 Planning - OIMPPROJECTS (Planning) \901- 925\EA 905 \Planning Commission 02.12.2015\ EA -905
Exhbit A CEQA Findings of Fact.doc
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CITY COUNCIL RESOLUTION
EXHIBIT H
FINAL ENVIRONMENTAL IMPACT REPORT
EL SEGUNDO SOUTH CAMPUS
SPECIFIC PLAN
PREVIOUSLY DISTRIBUTED ON 11/17/2015
UNDER SEPARATE COVER
EXHIBIT I h
125
EXHIBIT I h
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41,
11-7
dLi4
CITY COUNCIL RESOLUTION
EXHIBIT I
VESTING TENTATIVE MAP (VTM) NO. 71551
PREVIOUSLY DISTRIBUTED ON 11/17/2015
UNDER SEPARATE COVER
EXHIBIT 1 i
127
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ITEM #2 - PULL PLANS AVAILABLE UPON
REQUEST IN THE PLANNING DEPARTMENT
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EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE APPROVING ZONE CHANGE AND ZONING
MAP AMENDMENT NO. ZC 11 -02; ZONE TEXT AMENDMENT
NO. ZTA 11 -01; SPECIFIC PLAN NO. SP 11 -01; AND
DEVELOPMENT AGREEMENT NO. DA 11 -02; ADDING ESMC §
15- 3- 2(A)(10) AND AMENDING ESMC § 15- 3 -2(A) FOR THE EL
SEGUNDO SOUTH CAMPUS SPECIFIC PLAN PROJECT AT
2000 -2100 EAST EL SEGUNDO BOULEVARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Environmental Assessment. Resolution No. adopted a Final
Environmental Impact Report (FEIR) and a Statement of Overriding
Considerations (SOC) for this Project which, among other things, properly
assesses the environmental impact of this Ordinance, and the Project, in
accordance with CEQA. This Ordinance incorporates by reference the
environmental findings and analysis set forth in Resolution No.
SECTION 2: Factual Findings and Conclusions. The factual findings and
conclusions set forth in Resolution No. , adopted on December 1, 2015, are
incorporated as if fully set forth.
SECTION 3: Zone Change Findings. Pursuant to ESMC Chapter 15 -26, the City
Council finds as follows:
A. Based upon the findings in Section 2, the proposed Zone Change is
necessary to carry out the proposed project because the proposed
General Plan Amendment would change the land use classification
of the project site from Light Industrial (M -1) to El Segundo South
Campus Specific Plan (ESSCSP). The proposed Zone Change is
necessary to maintain consistency with the proposed General Plan
land use designation of El Segundo South Campus Specific Plan.
B. ESMC Title 15 is intended to be the primary tool for implementing the
goals, objectives and policies of the El Segundo General Plan. The
zone change will maintain consistency with the proposed change in
General Plan land use designation to El Segundo South Campus
Specific Plan and is also consistent with the General Plan goals,
objectives and policies.
SECTION 4: ESMC § 15- 3- 2(A)(10) is added to read as follows:
"10. El Segundo South Campus Specific Plan
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There is one zone intended to be used within the boundaries
of the El Segundo South Campus Specific Plan. The zone is:
ESSCSP - El Segundo South Campus Specific Plan"
SECTION 5: Specific Plan Findings. The proposed creation of the El Segundo
South Campus Specific Plan (ESSCSP) is desirable to implement the proposed
project. Without amending the ESMC, the current zoning would not permit mixed
use development with an overall maximum 0.6 FAR based on the 142.2 gross acre
size of the project area. An amendment to ESMC § 15- 3 -2(A) to create the El
Segundo South Campus Specific Plan (ESSCSP) is necessary for consistency
with the General Plan.
SECTION 6: 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 multiple
public benefits (as set forth in the Development Agreement) in
exchange for valuable development rights (ten -year entitlement with
a five -year extension option).
B. The project is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real
property is located. The proposed project includes a new land use
designation and zoning classification, which establishes the
permitted uses and development standards that would apply to the
project. These uses and development standards are similar and
compatible with the other commercially zoned districts in the City.
C. The project conforms to public convenience, general welfare and
good land use practice. The El Segundo South Campus Specific
Plan includes a range of commercial and industrial uses that will
contribute to job creation opportunities and balance growth with local
resources and infrastructure capacity. The project will also provide
new roadway links in locations identified as needing future roadways
in the General Plan Circulation Element, as well as provide new
bicycle and pedestrian network improvements.
D. The project will not be detrimental to health, safety and general
welfare. An EIR was completed to evaluate the project are reviewed
issue areas such as Hazards and Hazardous Materials, Hydrology
and Water Quality, Air Quality, and Noise. All feasible mitigation has
been incorporated into the project to reduce or eliminate potential
impacts and to maintain public health, safety and general welfare.
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130
E. The project will not adversely affect the orderly development of
property or the preservation of property values. This project is
surrounded by previously developed commercial land and the
proposed uses of the El Segundo South Campus Specific Plan are
consistent with surrounding development and will not adversely
affect the value of neighboring properties. The proposed El Segundo
South Campus Specific Plan development standards and
development agreement will ensure that the project will be
developed in an orderly fashion. All mitigation measures will be
implemented at the time and place impacts occur.
SECTION 7: Actions. The City Council takes the following actions:
A. ESMC § 15- 3- 2(A)(10) is added to read as follows:
"10. El Segundo South Campus Specific Plan
There is one zone intended to be used within the boundaries
of the El Segundo South Campus Specific Plan. The zone is:
ESSCSP - El Segundo South Campus Specific Plan"
B. The City's Zoning Map is amended by changing the Project site from
"Light Industrial" to "El Segundo South Campus Specific Plan." The
corresponding changes to the Zoning Map are set forth in attached
Exhibit 'A" which is incorporated into this Ordinance by reference.
C. The "El Segundo South Campus Specific Plan" is adopted as set
forth in attached Exhibit "B," which is incorporated into this Ordinance
by reference.
D. The Development Agreement by and between the City of El Segundo
and the Raytheon Corporation, as set forth in attached Exhibit "C,"
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.
E. To the extent they are not otherwise adopted or approved by this
Ordinance, and subject to the conditions listed on attached Exhibit
"D," which are incorporated into this Ordinance by reference, the City
Council approves Zone Change and Zoning Map Amendment No.
ZC 11 -02, Zone Text Amendment No. ZTA 11 -01, Specific Plan No.
SP 11 -01, and Development Agreement No. DA 11 -02.
SECTION 8: Technical Corrections. The City Manager, or designee, is authorized
3
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to make technical corrections, in a form approved by the City Attorney, to maps,
diagrams, tables, and other, similar, documents (collectively, "Maps ") that may be
required to reconcile the changes made by this Ordinance with amendments made
to the Zoning Map by other City Council action in unrelated land use applications.
SECTION 9: 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 10-.' 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 11: 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 12: Effectiveness of SSMC. Repeal or amendment of any
provision of the ESMC will not affect any penalty, forfeiture, or liability incurred
before or preclude prosecution and imposition of penalties for any violation
occurring before this Ordinance's effective date. Any such repealed part will remain
in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
SECTION 13: Recordation. 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 14: 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.
2
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SECTION 15: Effective Date. This Ordinance will become effective on the
thirty -first (31 st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED this _ day of December 2015.
Suzanne Fuentes, Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Tracy Sherrill 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 1St day of December 2015, 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 December 2015, and the same was so passed and adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy S. Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925 \EA - 905 \Planning Commission \EA -905
Draft CC Ordinance.dom
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EXHIBIT 2a
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EXHIBIT A
2000 -2100 East El Segundo Boulevard
Proposed Zoning Designation' •`
City of El Segundo El Segundo South Campus Specific Plan
135
CITY COUNCIL ORDINANCE
EXHIBIT B
ELSEGUNDO
SOUTH CAMPUS
SPECIFIC PLAN
EXHIBIT 2b
136
LL SEGC1NDO SOUTH CAMPUS
SPECIFIC PLAIT
Specific Plan No. 11 -01
October 2015
137
EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN
TABLE OF CONTENTS
I. INTRODUCTION ............................................................................... ..............................1
A. Specific Plan Area ..................................................................... ..............................1
B. Background ................................................................................ ..............................1
C. Demographics ............................................................................ ..............................7
D. Economic Context ...................................................................... ..............................7
II. OVERVIEW OF THE SPECIFIC PLAN ......................................... ..............................9
A. Purpose and Authority of Specific Plan ..................................... ..............................9
B. Specific Plan Scope and Goals ................................................. .............................10
C. Consistency with the General Plan ........................................... .............................10
D. Entitlements .............................................................................. .............................16
E. Existing Land Uses ................................................................... .............................17
III. LAND USE PLAN ............................................................................. .............................19
A. Development Concept ............................................................... .............................19
B. Land Use Plan ........................................................................... .............................20
C. Phasing ..................................................................................... .............................27
D. Circulation Plan ........................................................................ .............................27
E. Grading Concept ....................................................................... .............................29
IV. EXISTING UTILITIES AND INFRASTRUCTURE ..................... .............................31
A.
Water Service ............................................................................ .............................31
B.
Reclaimed Water .......................................................................
.............................33
C.
Sewer Service ...........................................................................
.............................33
D.
Drainage ...................................................................................
..............................3 5
E.
Gas ............................................................................................
.............................37
F.
Electric ......................................................................................
.............................39
G.
Telecommunications Utilities ...................................................
.............................39
H.
Solid Waste Disposal ................................................................
.............................41
I.
Fire Protection ...........................................................................
.............................41
J.
Police Services ..........................................................................
.............................41
V. DESIGN GUILDELINES .................................................................. .............................43
A. Design Objectives and Intent .................................................... .............................43
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EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN
VI. DEVELOPMENT STANDARDS ...................................................... .............................57
A. Permitted Uses .......................................................................... .............................57
B. Development Standards ............................................................ .............................59
C. Circulation ................................................................................ .............................61
D. Parking and Loading ................................................................. .............................62
E. Landscaping .............................................................................. .............................64
F. Public Safety ............................................................................. .............................66
G. Signage .................................................................................,..... ...................,.........67
H. Sustainability ............................................................................ .............................67
I. Enclosed Uses ........................................................................... .............................68
VII. ADMINISTRATION .......................................................................... .............................69
Draft
A. Introduction ................................ ...............................
B. Municipal Code References ....... ...................,,.,,,,,,,,.
C. Modifications ............................. ..........................,,...
D. Site Plan Review ........................ ...............................
E. Amendment ................................ ...............................
F. California Environmental Quality Act Compliance.
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............... .............................69
............... .............................69
............... .............................69
............... .............................71
............. ............................... 76
............. ............................... 76
October 2015
139
EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN
EXHIBITS
Exhibit 1
Regional Vicinity Map ............................................................... ..............................2
Exhibit 2
Local Vicinity Map .................................................................... ..............................3
Exhibit 3
Local Vicinity Aerial View ........................................................ ..............................4
Exhibit 4
Existing Development ................................................................ ..............................6
Exhibit5
Land Use Plan ............................................................................ .............................24
Exhibit 6
Conceptual Site Plan ................................................................. .............................25
Exhibit 7
Vesting Tentative Map 471551 ................................................. .............................26
Exhibit 8
Conceptual Water Plan ............................................................. .............................32
Exhibit 9
Conceptual Reclaimed Water Plan ........................................... .............................34
Exhibit 10
Conceptual Sewer Plan ............................................................. .............................36
Exhibit 11
Conceptual Drainage Plan ........................................................ .............................38
Exhibit 12
Electric, Gas and Telecommunication Conceptual Plan ........... .............................40
Exhibit 13
El Segundo Boulevard Street Concept ...................................... .............................49
Exhibit 14
Hughes/Nash Extension Streetscape Concept .......................... .............................50
Exhibit 15
Continental Streetscape Concept .............................................. .............................51
Exhibit 16
Corner Entry Concept ............................................................... .............................52
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EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN
TABLES
TableI -1 Existing Uses ............................................................................. ..............................5
Table III -1 Land Use Summary .................................................................. .............................21
Table III -2 Land Use — Project Development Scenario .............................. .............................22
Table III -3 Project Trip Ceiling ................................................................. .............................23
TableIII -4 Phasing ...................................................................................... .............................27
TableIV -1 Allowable Uses ......................................................................... .............................57
Table VII -1 California Environmental Quality Act Conformance ............... .............................76
APPENDICES
Appendix A El Segundo South Campus Specific Plan
Trip Generation Rates, Credits, and Caps ................................. .............................77
Appendix B El Segundo South Campus Specific Plan Legal Description ..................
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I. INTRODUCTION
A. SPECIFIC PLAN AREA
The El Segundo South Campus Specific Plan (ESSC -SP) area is located in the City of El Segundo,
County of Los Angeles, California. El Segundo is situated 15 miles southwest of downtown Los
Angeles. The City of El Segundo is located south of the City of Los Angeles, west of the City of
Hawthorne and the County of Los Angeles, north of the City of Manhattan Beach, and the east of
the City of Los Angeles and the Pacific Ocean (refer to Exhibit 1, Regional Vicinity Map).
More specifically, the roughly 142.28 gross acre Campus site ( "Campus ") is located in the
southeast quadrant of the City of El Segundo, approximately 1.0 miles south of the Los Angeles
International Airport (LAX) and the Glen Anderson Century Freeway (I -105), two miles west of
the San Diego Freeway (SR -405), and approximately two miles west of the juncture of these two
freeways. The Campus is bounded by El Segundo Boulevard to the north, the elevated MTA Line
and an older industrial subdivision on Coral Circle to the east, a Union Pacific Railroad spur and
the El Segundo sump to the south, and a Southern California Edison high voltage transmission
easement to the west (refer to Exhibit 2, Local Vicinity Map, and Exhibit 3, Local Vicinity Aerial
View). The adjacent zoning uses are: corporate office and mixed -use to the north, across El
Segundo Boulevard; light manufacturing to the east and south; and open space and public facility
to the west. A multi -media zone overlies the entire eastern half of the City, including the Specific
Plan Area.
B. BACKGROUND
In 1978 a Precise Plan was approved for Hughes (which merged with Raytheon Company in
December 1997) to build a total of 2,575,000 square feet of improvements on the Campus for a
FAR of 0.42. The Precise Plan project consisted of two main components — an office tower of up
to 16 stories to be located on the northwest portion of the Campus and a large low - profile complex
housing the engineering and manufacturing components. The approval allowed Hughes to
consolidate its corporate headquarters which was then in Culver City with its electro- optical data
systems group which was already located elsewhere in El Segundo. The Campus was chosen by
Hughes for the flexibility and consolidation potential made possible by the size of the property,
the proximity to other Hughes' facilities, and the proximity to LAX - considerations that remain
important today. Before the implementation of the Precise Plan, the Campus had been used
primarily for farming.
Draft Page I October 2015
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REGIONAL LOCATION MAP
Draft Page 2 October 2015
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EXHIBIT 2
LOCAL VICINITY MAP
Draft Page 3 October 2015
144
Draft
EXHIBIT 3
LOCAL VICINITY AERIAL VIEW
Page 4
October 2015
145
Through the years the Precise Plan went through several changes including moving the recreation
component from under the Edison Right -of -Way to the northwest portion of the Campus,
eliminating the corporate office tower which was planned for the northwest corner of the Campus,
and adding additional facilities. Up until 1983 there was no official "Precise Plan" map. With
Hughes' request to construct additional storage buildings in 1983, the City Council provided that
the plan that was submitted with the amendment request would be the official Precise Plan which
could only be modified with Planning Commission and City Council approval. In 1987, the City
Council approved the last modification of the Precise Plan. Today there are 11 structures on the
Campus, including the recreation facility, comprising approximately 1,802,513 square feet of net
development, for an FAR of approximately 0.29 (refer to Exhibit 4, Existing Development). The
current net square footage is broken down as follows between uses:
Office 1,018,959 s.f.
• Laboratory 303,825 s.f.
• Manufacturing 373,634 s.f.
• Warehouse 106,095 s.f.
More specifically, the structures shown on Exhibit 4 consist of:
Table I -1
Existing Uses
Building
E-1
Use
Office, Lab /R &D, Warehouse
Net Square ....-
996,871
E -2
Office, Lab /R &D, Warehouse
39,082
28,383
E -3
E -4
Office, Lab /R &D, Warehouse
Office, Lab /R &D, Warehouse
670,619
E -5
Office, Lab /R &D, Warehouse
1,705
E -6
Office
2,263
E -7
Office, Lab /R &D, Warehouse
49,966
E -20
Warehouse
9,245
E -21
Office, Warehouse
3,951
E -23
Warehouse
428
E -24
Recreation*
0
Total
1,802,513
*Note: Building E -24 includes locker rooms, restroom and shower rooms which are non - assignable areas for purposes
of net square footage.
Draft Page 5 October 2015
146
Draft
EXHIBIT 4
EXISTING DEVELOPMENT
Page 6
October 2015
147
Under the existing approvals, only an additional 215,390 net square feet can be built for a total
FAR of 0.325. With this FAR, the Property is extremely underdeveloped as both the General Plan
and zoning for similar light industrial uses allow a 0.60 FAR as of right. Further, the El Segundo
Municipal Code (ESMC) was recently amended to clarify that the FAR is based on net square feet
of development in the light manufacturing zone. Currently the Campus is built close to the
maximum FAR currently allowed. The limitations caused by the Precise Plan have caused
Raytheon to utilize property in other areas for its operations when the need arises. This creates
inefficiency and unnecessary costs, as well as results in economic losses for the City.
In order to make efficient use of the Campus, Raytheon filed for this Specific Plan in December
2011 along with other applications, including a General Plan Amendment, Zoning Amendment,
and Tentative Map. The intent of the Specific Plan is to allow Raytheon to develop the Specific
Plan area with any combination of allowed uses provided that the FAR does not exceed a specified
development square footage (at a maximum FAR of 0.60 within the ESSCSP area) and the
specified peak hour trip ceiling on new development (26,585 daily trips, 3042 a.m. peak hour trips
and 3120 p.m. peak hour trips). The adoption of this Specific Plan will allow Raytheon to expand
its operations, invest in the City of El Segundo, and make use of its property in a manner similar
to adjacent properties.
C. DEMOGRAPHICS
According to the 2010 United States Census, as of 2010 El Segundo had a population of 16,654
persons and a total of 7410 dwelling units. From 2000 to 2010, El Segundo's population increased
by 4 %. The 2009 Profile of the City of El Segundo prepared by the Southern California Association
of Governments ( "SCAG ") indicates that as of 2008 there were 53,715 jobs in the City of El
Segundo, which was 1.3% lower than the 2003 level. Raytheon employs approximately 7,000 of
these employees. During the period from 2003 to 2008 there was a 13.2% decrease in
manufacturing jobs although manufacturing jobs remain the largest sector of jobs in the City.
D. ECONOMIC CONTEXT
El Segundo has a daytime population of approximately 85,000 persons compared to its resident
population of approximately 17,000 persons. Through the years El Segundo has steadily moved
away from heavy industrial and manufacturing uses towards more diversified commercial and
professional uses. With the exception of the Chevron Refinery and the Air Products Chemical
Plants, most heavy industrial uses have relocated outside of the City. El Segundo is home to many
major corporations including Raytheon, Boeing, Chevron, Computer Sciences Corporation,
DirecTV, Mattel, Xerox, Time Warner Cable, The Aerospace Corporation, and Northrop
Grumman. Raytheon is the City's largest employer.
Over the past few years there has been a net loss of jobs in the City. The potential for additional
businesses and jobs that may be created by this Specific Plan will improve the overall economic
health of the City, allowing the City to provide a high quality of municipal services to the benefit
of the City's resident and business community.
Draft
Page 7
October 2015
.;
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Draft
Page 8
October 2015
.•
II. OVERVIEW OF THE SPECIFIC PLAN
A. PURPOSE AND AUTHORITY OF SPECIFIC PLAN
The purpose of this Specific Plan is to provide a foundation for the proposed land uses on the
subject property through the application of regulations, standards and design guidelines. The El
Segundo South Campus Specific Plan provides text and exhibits which describe the proposed land
uses and associated guidelines.
This Specific Plan is adopted pursuant to Government Code §§ 65450 through 65457.
Pursuant 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.
• 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 thorough 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 was prepared to provide the essential relationship between the policies of the
El Segundo General Plan and actual development in the Project area. By functioning as a
regulatory document, the El Segundo South Campus Specific Plan provides a means of
implementing the City of El Segundo's General Plan. All future development plans and
entitlements within the Specific Plan boundaries must be consistent with the standards set forth in
this document.
Draft Page 9 October 2015
150
B. SPECIFIC PLAN SCOPE AND GOALS
The City of El Segundo is an employment -led community and accordingly, development has been
led by employment rather than housing growth. The El Segundo South Campus Specific Plan will
serve the mission of economic development in the City which is to create, maintain, and implement
a business climate that fosters a strong economic community, develop a strategic plan that will
result in business retention and attraction, provide an effective level of City services to all elements
of the community, and maintain the quality of life that has characterized El Segundo for more than
nine decades.
Permitted uses within the Campus will create job opportunities and seek balance between growth,
local resources, and infrastructure capacity. Additionally, the growth allowed by the Specific Plan
will create a synergy with other uses in the area and help those businesses to grow as well. The
development allowed under the Specific Plan will provide a basis for a positive contribution to the
maintenance and expansion of El Segundo's economic base as development typically increases
the City's business license taxes, increases the City's utility user taxes, increases the City's
property taxes, and increases the City's sales taxes. An increased economic base will provide the
City with resources to provide high - quality services to its residents and daytime population.
C. CONSISTENCY WITH THE GENERAL PLAN
The El Segundo General Plan provides the underlying fundamentals of the El Segundo South
Campus Specific Plan, which serves both as a planning and regulatory document. The Specific
Plan is the document implementing the El Segundo General Plan for the Campus area.
Proposed development plans or agreements, tentative tract or parcel maps, and any other
development approvals must be consistent with the Specific Plan. Projects consistent with this
Specific Plan will be automatically deemed consistent with the General Plan.
The El Segundo South Campus Specific Plan requires a General Plan Amendment that changes
the Land Use Designation from Light Industrial, Public Facility and Open Space to El Segundo
South Campus Specific Plan with an accompanying Land Use map change. With approval of this
amendment, the Specific Plan is consistent with the General Plan of the City of El Segundo. More
specifically, the Specific Plan directly implements or furthers the intent of the following goals,
objectives and policies of the General Plan:
ECONOMIC DEVELOPMENT ELEMENT
Goal ED1: To create in El Segundo a strong, healthy economic community in which all
diverse stakeholders may benefit.
Draft
Policy ED 1 -1.1: Maintain economic development as one of the City's and the
business and residential communities' top priorities.
Page 10
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151
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 ED]-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 ED 1-2.1: 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 ED 1 -2.2: Maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life
goals.
Goal ED2: To provide a supportive and economically profitable environment as the
foundation of a strong local business community.
Policy ED2 -1.3: Develop a framework within which interested groups can work
together on matters of common interest related to economic
growth, its orderly management, and the resolution of attendant
problems to improve the City's business climate.
LAND USE ELEMENT
Goal LU4: 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.
Draft
Objective LU4 -1: Promote the development of high quality retail facilities in
proximity to major employment centers.
Policy LU4 -3.1: Encourage retail uses, where appropriate, on the ground floor
of Urban Mixed -Use and corporate offices with other uses
above.
Policy LU4 -3.2: Encourage mixed -use developments within one - quarter mile of
the Green Line Stations.
Objective LU44: Provide areas where development has the flexibility to mix
uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
Page 11
October 2015
152
Policy LU44.1: Policies and zoning regulations shall be developed to help
guide the development of commercial activities within mixed -
use projects.
Policy LU44.4: Promote commercial uses, in conjunction with other uses, in
buildings within a quarter -mile walking radius of the Green
Line Stations.
Policy LU44.6: Promote mixed -use development near transit nodes and
encourage modes of transportation that do not require an
automobile.
Goal LU5: 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.
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.
Policy LU5 -2.5: Employee recreational facilities shall be provided by the
employer for large industrial developments.
Objective LU54: Preserve and maintain a balanced and diversified industrial
base.
Objective LU5 -6: Encourage a mix of office and light industrial uses in industrial
areas.
Policy LU6 -1.1: Continue to provide uniform and high quality park and
recreational opportunities to all areas of the City, for use by
residents and employees.
CIRCULATION ELEMENT
Goal Cl: Provide a safe, convenient, and cost - effective circulation system to serve the
present and future circulation needs of the El Segundo community.
Draft
Page 12
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153
Policy C 1 -1.8: Provide all residential, commercial, and industrial areas with
efficient and safe access to the major regional transportation
facilities.
Policy C 1 -1.9: Provide all residential, commercial, and industrial areas with
efficient and safe access for emergency vehicles.
Goal C2: 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.
Drajt
Objective C2 -1: Provide a pedestrian circulation system to support and
encourage walking as a safe and convenient travel mode within
the City's circulation system.
Policy C2 -1.3: Encourage new developments in the City by participating in the
development of the citywide system of pedestrian walkways
and require participation funded by the Project developer where
appropriate.
Policy C2 -1.4: Ensure the installation of sidewalks on all future arterial
widening or new construction projects, to establish a
continuous and convenient link for pedestrians.
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 within the City's circulation system.
Policy C2 -2.1: Implement the recommendations on the Bicycle Master Plan
contained in the Circulation Element, as the availability arises;
i.e., through development, private grants, signing of shared
routes.
Policy C2 -2.2; Encourage new development to provide facilities for bicyclists
to park and store their bicycles and provide shower and clothes
hanging facilities at or close to the bicyclist's work destination.
Policy C2 -2.6: Encourage design of new streets with the potential for Class I
or Class II bicycle routes that separate the automobile, bicycle,
and pedestrian to the maximum extent feasible.
Policy C2 -2.8: Evaluate bikeway system links with the Metro Green Line rail
stations and improve access wherever feasible.
Page 13 October 2015
154
Policy C3 -1.8: Require the provision of adequate pedestrian and bicycle access
for new development projects through the development review
process.
OPEN SPACE AND RECREATION ELEMENT
Goal OS1: Provide and maintain high quality open space and recreational facilities that
meet the needs of the existing and future residents and employees within the
City of El Segundo.
Objective OSI -3: Provide recreational programs and facilities for all segments
of the community.
Policy OS 1-3.4: Encourage commercial recreational uses to locate in El
Segundo.
CONSERVATION ELEMENT
Goal CN2: 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 -7: Require new construction and development to incorporate the
principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Policy CN2 -11: Encourage, whenever appropriate and feasible, development
techniques which minimize surface run -off and allow
replenishment of soil moisture. Such techniques may include,
but not be limited to, the on -site use and retention of storm
water, the use of pervious paving material (such as walk -on-
bark, pea gravel, and cobble mulches), the preservation of
vegetative covers, and efficiently designed and managed
irrigation systems.
Goal CN5: Develop programs to protect, enhance, and increase the amount and quality
of the urban landscape to maximize aesthetic and environmental benefits.
Draft
Policy CN5 -8: Increase the quantity of plant material to:
• Increase filtration of airborne particulate matter
• Increase oxygen production
• Provide carbon storage
• Reduce the solar heat load on structures and heat gain from
paved surfaces
• Increase the percolation of water into soil
Page 14
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155
Decrease run -off and evapotranspiration
Policy CN5 -10: Develop standards, procedures, and guidelines for sound
landscape design and management. Incorporate these
standards, procedures, and guidelines, including conservation
concepts, into the City's review and approval process for
residential and non - residential projects.
AIR QUALITY ELEMENT
Goal AQ4: Reduce Motorized Transportation
Policy AQ4 -1.1: It is the policy of the City of El Segundo that the City actively
encourage the development and maintenance of a high quality
network of pedestrian and bicycle routes, linked to key
locations, in order to promote non - motorized transportation.
NOISE ELEMENT
Goal NI: 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 NI-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 -1.4: Consider noise impacts from traffic arterials and railroads, as
well as aircraft, when identifying potential new areas for
residential land use.
Objective N1 -2: It is the objective of the City of El Segundo to ensure that City
residents are not exposed to stationary noise levels in excess of
El Segundo's Noise Ordinance standards.
PUBLIC SAFETY ELEMENT
Goal PSI: Protect the public health and safety and minimize the social and economic
impacts associated with geologic hazards.
HAZARDOUS MATERIALS AND WASTE MANAGEMENT ELEMENT
Goal HMI: Protect health and safety of citizens and businesses within El Segundo and
neighboring communities.
Draft
Page 15
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156
Goal HM3: Ensure compliance with State laws regarding hazardous materials and waste
management.
Goal HM4: Assist in meeting State, Federal, and County hazardous materials and waste
management goals, as these are consistent with City goals.
Goal HM5: Assist in meeting State and County goals to reduce hazardous waste
generation to the maximum extent possible.
Goal HM8: Maintain the economic viability of the City of El Segundo.
Policy HM8 -1: Promote continuous updating of business plans by companies
in the City.
A ENTITLEMENTS
The following entitlements are required in conjunction with this Specific Plan (SP No. 11 -01):
• General Plan Amendment No. 11 -01 to change the land use designation from Light
Industrial, Public Facility and Open Space to El Segundo South Campus Specific
Plan with an accompanying Land Use map change.
• Zone Text Amendment No. 11 -01 to: 1) add `El Segundo South Campus Specific
Plan" to El Segundo Municipal Code (`SSMC ") § 15 -3 -1; and 2) add a new ESMC
§ 15- 3- 2(A)(8) "El Segundo South Campus Specific Plan."
• Zone Change No. 11 -02 to rezone the property from Light Manufacturing, Open
Space and Public Facility to El Segundo South Campus Specific Plan.
• Development Agreement No. 11 -02 between the City of El Segundo and Raytheon
Company.
• Vesting Tentative Map # 71551— dividing the Specific Plan Area into 26 individual
lots.
Findings justifying the General Plan Amendment and Zone Change include:
Draft
1. The Specific Plan designation is intended to provide more flexibility for the
development of a master - planned Campus that will be constructed in several
phases.
2. The primary objective of the Specific Plan is to provide for superior, more
comprehensive, site planning of the Campus.
3. Uses permitted within the Campus are consistent with prior zoning and compatible
with adjacent uses.
Page 16
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157
E. EXISTING LAND USES
The City of El Segundo has distinctive land use patterns, which are divided into four quadrants by
the intersection of Sepulveda Boulevard and El Segundo Boulevard. Compatibility of an individual
land use is determined mainly by its relationship to other uses within its quadrant. The El Segundo
South Campus Specific Plan area is located in the southeastern quadrant of the City of El Segundo,
which is east of Sepulveda Boulevard and south of El Segundo Boulevard. The design and
implementation of this Specific Plan relate directly to its position within this larger context.
The southeast quadrant of the City is primarily designated for light industrial which allows a
mixture of industrial and office uses. This quadrant also contains a commercial region which is
home to the retail development of Plaza El Segundo, an approximately 388,000 square foot
lifestyle retail center. The northeast quadrant of the City lies directly across El Segundo Boulevard
and consists primarily of corporate office and urban mixed uses which allow for office and
commercial uses. The southwest quadrant of the City lies directly across Sepulveda Boulevard and
consists primarily of oil refinery/heavy industrial use. A multimedia zone overlies both the
southeast and northeast quadrants of the City. Before the adoption of the El Segundo South
Campus Specific Plan (ESSC -SP) the property was designated primarily as Light Industrial in the
General Plan Land Use Element with Light Industrial zoning.
Adjacent land uses include the following:
Draft
North: Across El Segundo Boulevard, include mid- and high -rise office buildings with
multi -story parking structures and a hotel. LAX is located approximately 1.0
mile north of the Campus.
East: The adjacent land uses to the east include the elevated MTA Green Line and a
variety of one and two story industrial uses along Coral Circle. The El Segundo
Boulevard Green Line station is located at the northeast corner of the Campus.
South: A Union Pacific Railroad spur line lies immediately to the south and further to
the south, the Plaza El Segundo commercial center. Immediately to the
southwest of the Campus is a City of El Segundo Stormwater retention basin
and to the west of that are public storage units and a Federal Express distribution
facility.
West: Land uses to the west include the El Segundo Municipal Golf Course and the
West Basin Municipal Water District Water Recycling Facility. The Chevron
Refinery is located across Sepulveda Boulevard.
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Draft
Page 18
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159
III. LAND USE PLAN
The Raytheon campus has been in place since the 1970s and has been modified and expanded
several times as the need arose. The existing Campus includes 1,802,513 square feet of mixed
development on the site's 142.28 gross acres, 13,624 square feet of which would be demolished
as part of the land use program. The project area, excluding the right -of -way of El Segundo
Boulevard, is 137.06 acres.
A. DEVELOPMENT CONCEPT
The Specific Plan establishes the general type, parameters and character of the development in
order to develop an integrated Campus that is also compatible with the surrounding area. The
Campus' proximity to freeways, major arterials, and the Metro Rail makes the Campus an ideal
location for the expansion of uses and is consistent with the City's desire to facilitate economic
development in El Segundo.
The El Segundo South Campus Specific Plan development concept provides flexibility for
Raytheon to either expand its existing operations or develop a mixed -use project that would be
compatible with the existing Raytheon Campus facilities and operations. On an overall basis, the
maximum development potential within the 142.28 acre campus is based upon a floor area ratio
(FAR) of 0.60, resulting in a maximum development intensity of 3,718,889 net square feet.
Development of individual parcels may exceed 0.60 FAR as noted in the sections below.
In order to allow for maximum flexibility within the Specific Plan area, a Mixed Use concept is
utilized, with mechanisms in the Specific Plan's Development Regulation to allow for transfers
between land use types and planning areas, subject to the following requirements:
Draft
The overall FAR of the Campus cannot exceed 0.60 based on the gross acreage of
the site, resulting in a maximum development intensity of 3,718,889 net square feet
of building area;
2. Land uses conform to allowable uses as outlined in the Permitted Use Table in the
Development Standards section of this Specific Plan; and
The total number of traffic trips cannot exceed the trip ceiling established for the
Project. The trip ceiling for trip generation of new development within the Project
area is:
a. 631 PM peak hour inbound trips and 2,489 PM peak hour outbound trips, for a
total of 3,120 PM peak hour trips as outlined in the trip budget mechanism for the
Project (refer to Appendix A).
b. 2,634 AM peak hour inbound trips and 408 outbound AM peak hour trips, for a
total of 3,042 AM peak hour trips as outlined in the trip budget mechanism for the
Project (refer to Appendix A).
c. 26,585 daily trips as outlined in the trip budget mechanism for the Project (refer
to Appendix A).
Page 19 October 2015
.1�
Floor Area. For purposes of this Specific Plan, application of a floor area ratio results in net
building square footage. Gross floor area is the sum of the net floor area plus an additional twelve
percent (12 %) of net floor area. The purpose of evaluating individual buildings proposed within
the Specific Plan area net floor area is defined in section VI.B.5.c of this Specific Plan.
B. LAND USE PLAN
The El Segundo South Campus Specific Plan is based upon the following land uses (refer to
Exhibit 5, Land Use Plan):
Draft
1. Commercial/Office Mixed Use (CMU)
The Commercial /Office Mixed Use (CMU) land use designation is located on parcels
fronting onto El Segundo Boulevard, consisting of lots 2, 3, 4, 14, 15, and 16, and totaling
approximately 24 acres. The CMU area allows for a wide range of office and commercial
uses consistent with the existing and planned Campus. However this area's frontage on El
Segundo Boulevard is most appropriate for commercial land uses such as office, retail,
restaurants, and fitness centers which require more visibility and the potential to attract
users from outside the Raytheon Campus.
The specific uses are limited in this land use category as shown in the Specific Plan's
development regulations in order to provide an aesthetically pleasing frontage to the
Campus along this high visibility corridor.
Anticipated floor area ratios along this frontage range from 0.25 -1.81. Table III -1 shows
one potential scenario, based upon the conceptual site plan shown in Exhibit 6, Conceptual
Site Plan.
2. Office/Industrial Mixed Use (0/1 MU)
The Office /Industrial Mixed Use (O /I MU) land use designation is comprised of the
balance of the development areas of the site, including the existing Raytheon Campus
buildings. This consists of lots 1, 5, 6, 7, 8, 9, 10, 12, 13, 17 and 18 and totals approximately
86.62 acres. This designation includes a full range of commercial, office, warehousing, and
light industrial land uses, allowing for new light industrial /R &D, office, and commercial
uses consistent with the existing Campus. This range of uses would facilitate an expansion
of the existing Campus or the sale of parcels for development by others.
Anticipated floor area ratios range from 0.22 -2.2. Table III -1 shows one potential scenario,
based upon the conceptual site plan shown in Exhibit 6, Conceptual Site Plan.
The existing Raytheon Campus facility is located in the central portion of the
Office /Industrial Mixed Use area. This facility may continue to be fenced and gated to
secure its perimeter.
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3. Recreation /Open Space (REC /OS)
The Recreation/Open Space category includes the Project's private recreation facility,
identified as Lot 11 on Exhibit 6, as well as several small remnant and potential right -of-
way parcels along the properties eastern (Lots 20, 22, 23, and 24) and western (Lot 26)
edge, as shown on Exhibits 6 and 7).
The Specific Plan recreation facility includes 7.54 acres of private outdoor recreational
facilities for Raytheon employees. A field house building including showers, lockers and
restrooms would be provided as a required facility but is not counted as part of the Project's
FAR and square footage cap.
The recreation facilities provided on site must include at least three of the following:
• Fields for baseball, soccer and /or other team sports
• Tennis courts
• Basketball courts
• Handball courts
• Volleyball courts
Table III -1, Land Use Summary, shows the anticipated scenario for the Project's land use mix.
Table III -1
Land Use Summary
Land Use
New Development
Building Area (Net)
(square feet)
Building Area (Gross)
(square feet)
Office
1,565,000
1,752,800
Warehouse /Storage
82,000
91,840
Light Industrial
150,000
168,000
Commercial
133,000
148,960
Subtotal New Development
1,930,000
2,161,600
Existing Campus Uses'
1,788,889
2,069,947
Total Campus Development
3,718,889
4,231,547
Buildings scheduled for demolition are E -20, E -21, E -23, and E -24 (refer to Exhibit 4); already excluded from
Existing Campus Uses.
Draft
Page 21
October 2015
162
Table III -2, Land Use - Project Development Scenario, show a potential implementation of the
uses and standards of this Specific Plan based upon the vesting map and the Conceptual Site Plan
shown in Exhibit 6, Site Plan. Ultimate land use would be determined at the time of site plan
submittal for a specific parcel, subject to the development standards and permitted uses outlined
in Section VI, Development Standards, and analysis of compliance with overall FAR and trip
budget limitations.
Table III -2
Land Use - Project Development Scenario
' Gross building area of new construction is assumed to be 1.12% of net area. Twelve (12) percent of gross area is excluded, accounting for
elevators, stairwells, and other non occupied space.
3 FAR calculation yields a net building area.
° Total allowable intensity would be capped at a potential maximum of 3,718,889 net square feet.
Draft
Page 22
October 2015
163
Acreage Parcel Use Building Area (Net) Building Area (Gross) 2 Assumed FAIR3
Commercial /Office Mixed Use (CMU)
2
Office
4.87
380,040
425,644.80
1.79
3
Office
2.57
191,540
214,524.80
1.71
4
Office
5.20
191,540
214,524.80
0.84
14
Commercial
4.01
50,000
56,000
0.29
15
Commercial
3.99
46,000
51,520
0.26
16
Commercial
3.36
37,000
41,440
0.25
Subtotal
24.00
896,120
1,003,654.4
0.86
Office /industrial Mixed Use (011 MU)
1
Office
10.02
191,540
214,524.8
0.44
5
Existing
7.17
67,465
82,412
0.22
6
Warehouse
Light Ind.
4.53
82,000
150,000
91,840
168,000
1.18
7
Office
4.75
163,840
183,500.8
0.79
8
Office
5.81
163,840
183,500.8
0.65
9
Office
1.68
160,840
180,140.8
2.20
10
Parking
structure
149
--
--
®-
12
Existing
7.78
53,934
82,798
0.16
13
Office
2.71
121,820
136,438.4
1.03
17
Existing
22.32
996,871
1,121,048
1.03
18
Existing
18.36
670,619
783,689
0.84
Subtotal
86.62
2,822,769
3,227,892.6
0.75
TOTAL DEV
110.62
3,718,8894
4,231,547
0.77
19 -26
Roads/OS
18.07
--
•-
--
11
Recreation
7.54
--
--
--
EI Segundo Blvd. New
Dedication
Road and Bike
Path
0.83
--
--
--
El Segundo Blvd. Existing
Dedication
Road
5.22
•»
••
TOTAL
142.28
0.60
' Gross building area of new construction is assumed to be 1.12% of net area. Twelve (12) percent of gross area is excluded, accounting for
elevators, stairwells, and other non occupied space.
3 FAR calculation yields a net building area.
° Total allowable intensity would be capped at a potential maximum of 3,718,889 net square feet.
Draft
Page 22
October 2015
163
Trip Ceiling. A Trip Budget tracking system is a mechanism for managing the forecast vehicular
trips generated by the land use mix identified in Tables III -1 and III -2. The Trip Budget is defined
in Appendix "A" of this Specific Plan and is outlined in Table III -3 below.
The purpose of the system is to ensure that development can be accommodated within the planned
roadway capacity of the on -site and off -site roadway systems and to allow maximum flexibility of
land uses in keeping with the market and ongoing Raytheon facilities requirements.
The basis for the trip budget is the specification of a mix of uses within the Specific Plan area. The
budget establishes a baseline capacity of trips. Using assumed traffic generation rates for the uses
anticipated within the Project, the number of trips that would be generated at build -out of the plan
was estimated.
Table III -3
Project Trip Ceiling
for trips associated with new development
within the ESSCSP area.
Total Daily Trips
If a different mix of land uses is proposed at the time of Site Plan review, a trip budget table and
analysis would be provided as part of the Project submittal to allow for:
Draft
Confirmation that the proposed mix of uses falls within the maximum trip
allowance; and
City tracking of the land use mix within the Project.
Page 23
October 2015
164
i
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Draft
EXHIBIT 5
LAND USE PLAN
Page 24
October 2015
165
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Draft
EXHIBIT 5
LAND USE PLAN
Page 24
October 2015
165
Draft
EXHIBIT 6
CONCEPTUAL SITE PLAN
Page 25
October 2015
166
I�
Draft
EXHIBIT 7
VESTING TENTATIVE MAP #71551
Page 26
October 2015
167
C. PHASING
Development starts and occupancy rates are not mandated by any phasing schedule. Development
will be dictated by market demand and phased accordingly. The conceptual phasing schedule
identified below is a best estimate for planning purposes only.
Table III -4
Phasing
D. CIRCULATION PLAN
Regionally, the Campus is accessible from the San Diego freeway (405), Century Freeway (105),
the Metro Green Line, and the major arterials of El Segundo Boulevard and Sepulveda Boulevard.
The Campus is directly accessible from El Segundo Boulevard at the intersections of Continental
Boulevard and Nash Street and is accessible off of Sepulveda Boulevard via Hughes Way. There
is a third access point located adjacent to the El Segundo Boulevard Metro Green Line station.
However, that access is gated. The internal circulation system of the Campus is currently private
and access is controlled by fencing, guard stations, and gates.
The development of the Specific Plan must provide for an efficient, internal roadway system that
will facilitate on -site circulation and parking. Access will be provided for emergency vehicles and
development within the Campus will provide infrastructure and facilitate access for various modes
of travel including automobiles, transit, bicycles, and pedestrian. Connectivity in this part of the
City will also be provided in accordance with the City's General Plan. Pedestrian and handicap
access must be provided between buildings, to key elements in the surrounding area, and to the
nearby MTA Green Line station.
VEHICULAR CIRCULATION
El Segundo Boulevard. El Segundo Boulevard is an existing public arterial that abuts the property
on its northern edge. An off - street "Class I" bicycle path will be designed and constructed
consistent with the requirements of the South Bay Bicycle Master Plan. The bicycle path may
diverge from running parallel to El Segundo Boulevard near the overhead green line overhead
alignment and enter the El Segundo Green Line Station south of any obstructions created by the
supports for the Green Line's elevated track.
Draft Page 27 October 2015
m
A limited number of additional curb cuts may be allowed along El Segundo Boulevard to provide
direct access to the Campus, subject to the approval of the Director of Planning and Building Safety
and Director of Public Works as part of site plan review.
Hughes Way /Nash Street Extension. With the development of the Specific Plan, Hughes Way
will be connected with Nash Street through the south and eastern portions of the Campus (Parcel
19). The street will be dedicated to the City for public right -of -way purposes as a Secondary
Arterial with a right -of -way width of 100 feet, including a 22 -foot wide raised landscaped median.
Hughes Way extension will include a 6 -foot wide on- street "Class IP' bicycle lane consistent with
the South Bay Bicycle Plan. This street must be completed before a certificate of occupancy is
issued for any use which would cause the new development trip cap of 89 a.m. peak hour, 225
p.m. hour peak trips or 3775 daily trips to be exceeded.
The circulation pattern provides for future connection from the Nash Street extension to Coral
Circle (an easement through Parcels 20 and 22) and provides for additional parking for the Coral
Circle businesses (Parcels 20 and 22). 20 -year irrevocable offers of dedication to Parcels 20 and
22 must be offered and may be accepted by the City at such time as the City acquires access rights
from the affected businesses along Coral Circle and enters into a contract for the construction of
the connecting street.
Continental Boulevard. The Circulation Plan calls for the extension of Continental Boulevard,
along the southwestern boundary lines, to its connection with Hughes Way. This street will initially
be private and gate controlled until such time as the first parcel taking access from the road is either
sold or leased for use by non - Raytheon parties. At that time a portion of the road (Parcel 21 or
Parcel 25 or both) will be opened to public access either through dedication to the City or
recordation of a public access easement. Continental Boulevard is designed as a Collector Street
with a right -of -way width of 80 feet, and a 14 -foot raised median.
At the point where the future Continental Boulevard turns from an east -west direction to a north-
south direction, a parcel has been created (Parcel 26) which will allow access to the adjacent golf
course. Raytheon will provide a 20 -year irrevocable offer of dedication for this parcel. This
dedication may be accepted by the City at such time the City permits circulation through the
adjacent golf course and Continental Boulevard is made accessible to the public.
Until such time as a street is accepted by the City, the street may be fenced, guarded or gated.
However, perimeter security will be relocated so as to provide unfettered access to all public
streets.
NON - VEHICULAR CIRCULATION
Three non - vehicular circulation components are included within the Campus:
Draft
A 6 -foot wide Class I bicycle path (4 -foot one way path with 2 -foot shoulder) is
required to be installed in a dedicated public easement adjacent to El Segundo
Boulevard (consistent with the South Bay Bicycle Plan). This path is illustrated in
the Landscape portion of the Specific Plan Design Guidelines.
Page 28
October 2015
.!
A 6 -foot wide Class II, on- street bicycle lane is included within the right -of -way of
the Hughes/Nash Street extension on each side of the street.
A pedestrian access easement across one or a combination of parcels 13, 14 and /or
parcel 24 of Vesting Map 71551 is required to allow direct pedestrian access to the
Green Line Station.
Improved bicycle parking facilities will be located at either the Metro Green -line station or on-
site, on land reserved for secured bicycle parking in close proximity to the Green -line station. This
facility, at a minimum, will include fully enclosed, secured parking for bicycles. The station could
also include other amenities for cyclists, such as: staffing, repair facilities, sales of bicycle related
materials, changing and or shower facilities, bicycle rental and /or bicycle sharing facilities.
E. GRADING CONCEPT
Site grading will require cut and fill to create building pads. The grading is expected to be balanced
on -site. Final grading plans will be approved by the City Engineer before the City issues a grading
permit.
Draft
Page 29
October 2015
170
Ro
Draft
EXISTING EL 5E,GUUQO BLVD,
AND PROPOSEQ DEDI CATION
`COLE. Drs
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SCALE NTS
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10' C B 30• 30' CURB 10'
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PROP. CONC. CURB k GUTTER PROP. RAISED MEDIAN � PI CONC SIDEWALK
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F
Page 30
October 2015
171
IV. EXISTING UTILITIES AND INFRASTRUCTURE
The following is a summary of existing and proposed public infrastructure for development of the
site. Some private infrastructure may be converted to public infrastructure where appropriate and
if the City of El Segundo approves. All infrastructure will be constructed in accordance with the
standards of the governing agency.
A. WATER SERVICE
EXISTING CONDITION
Water utility service is provided by the City of El Segundo and is currently available within the
Campus. Water is purchased through West Basin Municipal Water District which is a member of
The Metropolitan Water District of Southern California.
The current points of connection to the public water system are near the midpoint of the northern
and midpoint of the eastern property line. Connection is made with 12 -inch service laterals to an
existing 27 -inch diameter City of El Segundo water main line.
Water for fire suppression is provided by on -site building sprinklers and fire hydrant(s) and from
off -site fire hydrants located on El Segundo Boulevard.
PROPOSED CONDITION
The existing and future water service must be provided through a future public line or a private
line with private easement serving each lot. Location of lines in public streets is the preferred
condition; where a public main line serving multiple lots is not within a public street, an easement
must be granted to the City for access and maintenance. Points of connection will be based on the
City of El Segundo's approval and may include connections to existing 27 -inch water main line in
El Segundo Boulevard, an existing 10 -inch public water service in Hughes Way, or an existing 27-
inch public water service which lies within an existing City easement along the east side of the
site. Future water service points of connection will need to be provided to existing Raytheon
buildings to remaining and future buildings. A Conceptual Water Utility Plan has been developed
for the Specific Plan Area (refer to Exhibit 8, Water Plan).
Fire flows for future construction will be based on County of Los Angeles Fire Department Land
Development Unit standards, requiring up to 5,000 gallons per minute (gpm) at 20 psi residual
pressure for up to a five -hour duration. Final fire flows will be based on specific building design
details.
Draft Page 31 October 2015
172
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yr EXISTING DOMESTIC WATER � r
r
I
.................. UTILITY TO BE REMOVED
r
l�FH FIRE HYDRANT
y� y
EXHIBIT 8
CONCEPTUAL WATER PLAN
Source: Psomas
Draft Page 32 October 2015
173
B. RECLAIMED WATER
EXISTING CONDITION
Reclaimed water utility service is provided by the West Basin Municipal Water District from a
treatment plant just west of the Campus and is already being used for landscaping the Campus. A
current point of connection to the reclaimed water system for irrigation of landscaping along El
Segundo Boulevard is along El Segundo Boulevard at Continental Boulevard. Connection is made
with a 6 -inch service lateral to an existing 42 -inch diameter West Basin reclaimed water main line.
A sewer study was prepared by Psomas for the Specific Plan, dated September 2012. Please refer
to the full study for technical details on potential reclaimed water usage.
PROPOSED CONDITION
The existing and future reclaimed water service must be provided through a future public main
line or a private line with private easement serving each lot. Location of lines in public streets is
the preferred condition; where a public main line serving multiple lots is not within a public street,
an easement will be granted to the City for access and maintenance. Points of connection will be
based on West Basin Municipal Water District's and the City of El Segundo's input and may
include connections to an existing 8 -inch reclaimed water service in Hughes Way and /or to an
existing 42 -inch reclaimed water line in El Segundo Boulevard. New service points of connection
will need to be provided to the new parcels within the Campus. A Conceptual Reclaimed Water
Utility Plan has been developed for the Specific Plan area (refer to Exhibit 9, Reclaimed Water
Plan).
C. SEWER SERVICE
EXISTING CONDITION
Sewer utility service is provided by the City of El Segundo and County Sanitation District of Los
Angeles County and is currently available within the Campus. The Raytheon Campus presently
includes an 18 -inch sewer line which connects to an existing 21 -inch trunk sewer near the southeast
corner of the site. This trunk sewer continues northeasterly to Douglas Street, turns southerly along
Douglas Street to Alaska Avenue, runs easterly in Alaska Avenue to Hawaii Street and runs
southeasterly in Hawaii Street to Aviation Boulevard where it increases to a 24 -inch trunk, runs
southerly for a short distance and then connects to the Los Angeles County Sanitation District
trunk in Aviation. From research of existing sewer plans, there are no connections to this trunk
sewer through this entire alignment as smaller, parallel lines collect all the sewage from the parcels
along this alignment. An existing 10 -inch and 15 -inch sewer line is also present in El Segundo
Boulevard generally east of Nash Street.
Draft
Page 33
October 2015
174
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WATER LINEWATER LINE"
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WATER LINE
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MATER LINE EX RECLAIMED
j 4UATER LINE
RAYTHEON SITE
EX RECLAIMED
WATER LINE f ✓.
V.
!
V
LEGEND
sw PROPOSED RECLAIMED WATER
— —
--R w- — — EXISTING RECLAIMED WATER
UTILITY TO BE REMOVED
FIRE HYDRANT
i-lruji
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f Q
i CX. nCLAIME[:
WATE -2 LINE
,WATER LINE
� FX E L = .I','E
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r°
EXHIBIT 9
CONCEPTUAL RECLAIMED WATER PLAN
Source: Psomas
Page 34
October 2015
175
RAYTHEON SITE
EX RECLAIMED
WATER LINE f ✓.
V.
!
V
LEGEND
sw PROPOSED RECLAIMED WATER
— —
--R w- — — EXISTING RECLAIMED WATER
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WATE -2 LINE
,WATER LINE
� FX E L = .I','E
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r°
EXHIBIT 9
CONCEPTUAL RECLAIMED WATER PLAN
Source: Psomas
Page 34
October 2015
175
EXHIBIT 9
CONCEPTUAL RECLAIMED WATER PLAN
Source: Psomas
Page 34
October 2015
175
PROPOSED CONDITION
The existing and future sewer service must be provided through a future public sewer line or a
private line with private easement serving each lot. Location of lines in public streets is the
preferred condition; where a public main line serving multiple lots is not within a public street, an
easement must be granted to the City for access and maintenance. Points of connection will be
based on the City's approval and may include connections to an existing 21 -inch sewer located at
the southeast corner of the site and /or the existing sewer in El Segundo Boulevard. To serve the
new Project, approximately 8,000 linear feet of new public sewer is anticipated to be constructed
within the Project boundary. A conceptual sewer plan has been developed for the Specific Plan
area (refer to Exhibit 10, Sewer Plan).
D. DRAINAGE
EXISTING CONDITION
A drainage study was prepared by Psomas for the Specific Plan, dated September 2012. Please
refer to the full study for technical details.
The area drains in a northwest to southeast direction. Current points of connection to the City's
public drainage system exist at multiple locations along the eastern and southern Raytheon
property lines. The City's public drainage system consists of variable diameter (96 to 108 inches)
reinforced concrete pipe (RCP) storm drain. The public main lines discharge into an existing City
of El Segundo retention and infiltration basin just south of the Raytheon site. Existing storm water
quality currently goes untreated on -site. However, downstream of the Project site runoff drains to
the City of El Segundo retention and infiltration basin where it is captured and infiltrated.
Federal Emergency Management Agency (FEMA) map #06037C1770F shows this Project site is
located within Zone X, which is described to be an area determined to be outside of the 0.2%
annual chance floodplain. There are no Special Flood Hazards on -site.
PROPOSED CONDITION
Relatively minor off -site flows from El Segundo Boulevard and the property to the south will
continue unobstructed to combine with on -site flows. The Project area will continue to drain in its
existing northwest to southeast direction. Reconfiguration of site roadways and the replacement of
existing buildings and surface parking lots with new buildings and parking lots /structures will
result in changes to drainage patterns and amounts of impervious surfaces. However, proposed
drainage sub -areas will closely match existing sub -areas in area, and potential increases in surface
runoff will be mitigated by Project design features. The average imperviousness of the site is
expected to decrease from 79.5% to 70.0 %.
Draft
Page 35
October 2015
176
PR
C1-� AMP
F-Q
r� V a
PROPOSED
/ SEWER LINE
w
va ROPOS T ' X rt -
SEWER LINE
v JOIN EX,
SEWER LINE 5
t!} RAYTHEON SITE
if
✓.• jj
- EX. SEWER LINE
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PLAN SEEWWEERSUNE S LINE { - JOIN EX,
SCALE: 1" = 400' SEYiER LINE -
_ F ,� —EX _.f`Ai_. LINE I.
LEGEND - —
_— OSED
ss PROPOSED SEWER / _�l 7,7 NE y j°
ss EXISTING SEWER
UTILITY TO BE REMOVED yyP *. �1 .1� r- -•.a,�
.• FLOW ARROW
Draft
EXHIBIT 10
CONCEPTUAL SEWER PLAN
Source: Psomas
Page 36
October 2015
177
As each phase of the proposed Project is implemented, flows into the existing public storm drain
system will not increase. If the proposed Project results in a change in drainage pattern, an increase
in impervious area, or higher rates of flow, storm water detention will be part of the design to avoid
negative downstream impacts. Sub - drainage areas will continue to flow to the City of El Segundo
storm drain along the eastern and southern edge of the Project boundary.
The total proposed tributary area to be studied is less than 1% larger than the existing tributary
area since portions of the Project area that formerly drained off -site will be redirected and managed
on -site. There will be no net increase in discharge of storm water from the site. The total proposed
tributary area is approximately 134.4 acres.
New storm drains will be required to serve the site redesign. To serve the proposed Project,
approximately 7,000 linear feet of new on -site storm drain lines are expected be constructed within
the Project boundary. The maximum pipe diameter is not expected to exceed 54 inches. On -site
detention is not expected to be required (refer to Exhibit 11, Drainage Plan).
Storm Water Quality
Existing storm water quality currently goes untreated on -site. The project site discharges into an
existing City of El Segundo retention and infiltration basin just south of the Raytheon site. No
runoff leaves the City of El Segundo retention and infiltration basin. However, the project site lies
within the Dominguez Channel watershed. The Dominguez Channel ultimately empties into the
consolidated slip of the Los Angeles Harbor.
To the maximum extent practical, storm water quality treatment will be provided with infiltration.
The treatment methods are expected to include infiltration wells, infiltration basins, high -
efficiency planter boxes, and surface planting areas. Drainage must comply with all applicable
laws and regulations, including without limitation, the City's National Pollution Discharge
Elimination System (NPDES) Permit.
E. GAS
EXISTING CONDITION
Natural gas service is provided by Southern California Gas Company and is currently available
within the Campus.
PROPOSED CONDITION
The existing and future natural gas service must be provided through a future public main line or
a private line with private easement serving each lot.
Draft
Page 37
October 2015
178
Note: Storm Drain may be private or public. If public there will be an easement to the City.
Draft
EXHIBIT 11
CONCEPTUAL DRAINAGE PLAN
Source: Psomas
Page 38
October 2015
179
Location of lines in public streets is the preferred condition; where a public main line serving
multiple lots is not within a public street, an easement will be granted for access and maintenance.
Points of connection will be based on Southern California Gas Company's approval and may
include connections to existing 12 -inch and 20 -inch high pressure gas lines within El Segundo
Boulevard and /or an existing 4 -inch service line along the easterly property line. A conceptual plan
has been developed for the Specific Plan area (refer to Exhibitl2, Electric, Gas and
Telecommunication).
F. ELECTRIC
EXISTING CONDITION
Electric power is provided by Southern California Edison to the Campus through underground
utilities.
PROPOSED CONDITION
Location of lines in public streets is the preferred condition; where a public main line serving
multiple lots is not within a public street right -of -way, an easement will be granted for access and
maintenance. Points of connection will be based on Edison's approval. A future substation
location, reserved by an easement adequate in size for the placement of a SCE substation, is
identified on Parcel 5 (refer to Vesting Tentative Map No.71551). A conceptual plan has been
developed for the Specific Plan area (refer to Exhibit 12, Electric, Gas and Telecommunication).
G. TELECOMMUNICATIONS UTILITIES
EXISTING CONDITION
Cable and telecommunication service is provided by a variety of companies and is currently
available within the Campus. These companies include AT &T, Level 3, MCI (Verizon), Quest,
Time Warner, and XO Communications.
PROPOSED CONDITION
Location of lines in public streets or their rights -of -way is the preferred condition; where a public
line serving multiple lots is not within a public street or its right -of -way, an easement will be
granted for access and maintenance. Points of connection will be based on the requirements of
local providers. A conceptual plan has been developed for the Specific Plan area (refer to Exhibit
12, Electric, Gas and Telecommunication).
Draft
Page 39
October 2015
fflff
Fx. OIL LINE
EL SEGUNDO BLVD
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Fx. OIL LINE
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CL
LU
PROPOSED G
PROP D ELEC
PR O'SE COMM
1
PROP E EXI COMM LIVE
GAS INE w G -.
FX. OVERI -EAD
SCE LINE f _ Fx. GAS LINE
I
RAYTHEON SITE
FX GAS LINE -. Y Fx. CAS UNE
ROPOSED C M LINE �I
y R OSED ACT CJNFi✓
FX. SCE -,. f. t 1: J - EX. COMM LINE
SUBSTATION ';PRO O
GAS LINE E A l I
PLAN l
Fx.
I SCALE: t" 400' LINE L FX OIL LII,L
LEGEND
TELECOMMUNICATION
E LIGHTING OR POWER t
G GAS SERVICE I
UTILITY TO BE REMOVED � P '' � � � —� _ J FX, GAS LF-F
!ATV EXISTING CAN �`� f
J� FX. OVERHEAD
l--CIL EXISTING OIL "Y SCE LINE
EXHIBIT 12
ELECTRIC, GAS AND TELECOMMUNICATION CONCEPTUAL
PLAN
Source: Psomas
Draft Page 40 October 2015
181
H. SOLID WASTE DISPOSAL
EXISTING CONDITION
Solid waste disposal is provided to commercial and industrial users by a variety of private haulers.
FUTURE CONDITION
Development within the Campus would contract with a provider. Landfill capacity is adequate for
assumed population and commercial growth within Los Angeles County. Solid waste facilities
within the Specific Plan area will comply with all ESMC requirements pertaining to building, fire,
zoning codes (e.g., adequate trash enclosures and screening).
I. FIRE PROTECTION
EXISTING CONDITION
The Campus is less than one mile from Fire Station 2, located at Mariposa Avenue and Douglas
Street. The provision of water for fire suppression is provided by on -site building sprinklers and
fire hydrants and from off -site fire hydrants located on El Segundo Boulevard.
FUTURE CONDITION
Future development will include new public fire hydrants within the future public street connecting
Hughes Way and Nash Street. Buildings will be sprinklered as required by the ESMC.
Development will be required to pay fire impact fees to off -set the additional demand for municipal
fire protection services as a result of the new development.
J. POLICE SERVICES
EXISTING CONDITION
Police services are provided by the El Segundo Police Department which is located at 348 Main
Street.
FUTURE CONDITION
Development will be required to pay police impact fees to off -set the additional demand for
municipal police services as a result of the new development.
Draft
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October 2015
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183
V. DESIGN GUIDELINES
These design guidelines are intended as "guidelines" instead of "development regulations,"
Consequently, strict compliance is not required. To promote the quality of design planned for this
Project, the design guidelines given in this document establish criteria that enhance the
coordination, organization, function and identity of the site, while maintaining a compatible
relationship with the surrounding development of the El Segundo South Campus.
A. DESIGN OBJECTIVES AND INTENT
Design Guidelines for the South Campus Specific Plan will promote and reinforce the City's
commitment to high quality development. The objectives of these guidelines are to:
Draft
• Provide for high - quality, large scale commercial /industrial development within a
cohesive campus setting.
• Promote orderly and predictable development.
• Encourage individual creativity and innovative solutions by allowing flexibility in
how a particular guideline is met as long as the intent of the guideline is achieved.
• Ensure functional pedestrian, bicycle and motor vehicle circulation within the
Project and convenient pedestrian and bicycle linkages to and from adjacent
residential, commercial, industrial, and school areas.
1. Site Planning
a. The arrangement of new buildings, parking and circulation areas should
recognize the particular characteristics of the site and should create an
identity as a cohesive campus.
b. Site development should utilize variations on building orientation and
landscaping adjacent to the public streets so that a monolithic "wall" of
building faces is not created.
C. The design and location of accessory buildings (e.g., security kiosks,
maintenance buildings, trash and recycling enclosures, and outdoor
mechanical equipment enclosures) should be incorporated into and be
compatible with the overall design of the Project and the main buildings on
the site.
Page 43
October 2015
:l
Draft
d. Appropriate linkages between internal
Project components and buildings, as well as
between the Project and the surrounding
development should be incorporated ,"! t
including pedestrian walkways, and plaza M
areas. j
ram
Buildings should be arranged to create
opportunities for open space amenities (e.g.,
plazas, courtyards, outdoor eating areas, public art, etc.).
2. Access and Parking
a. The use of common (shared) access points and driveways is encouraged;
placement of vehicle access points close to building entries should be
avoided to minimize pedestrian and vehicular conflicts.
b. Entry driveway areas should be clearly marked by special features, (e.g.,
enhanced paving, prominent landscape features, low- height decorative
walls, and well- designed monument -type signs).
C. Access to each building should be clearly visible to pedestrians and
motorists through the use of signage, color, and /or design elements.
d. Parking lots adjacent to and visible from public streets should be
appropriately screened to minimize undesirable visual impacts.
e. Parking lots should not be a dominant visual element on the site from El
Segundo Boulevard or the Nash Street extension.
f. Surface parking areas should be enhanced and visually broken up through
the use of appropriate trees and landscape improvements.
g. Surface parking areas should be divided into smaller multiple lots and
provided with canopy trees spaced appropriately throughout the parking
area to reduce the effects of heat gain.
h. Parking lot design is encouraged to include water quality storm water
facilities consistent with City standards and a Water Quality Management
Plan prepared for each phase.
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October 2015
185
Draft
3. Architecture /Orientation/Massing
a. The massing, scale and architectural style should consider compatibility
with the surrounding character and existing buildings to reflect a cohesive
campus character.
b. The orientation of the newly constructed buildings should facilitate and
encourage pedestrian activity and convey a visual link to the Project's
internal road system.
C. The mass and scale of new buildings should be compatible with the existing
and adjacent structures and with each other. This can be accomplished by
transitioning from the height of adjacent buildings to the tallest elements of
the new building, stepping back the upper portions of taller buildings, and
incorporating human scale elements, such as pedestrian scaled doors,
windows, and building materials on the ground floor.
d. Buildings should be divided into distinct massing elements and should be
articulated with architectural elements and details. Changes in height,
horizontal plane, materials, patterns and colors should be used to reduce
building scale and mass.
c. Primary building entries should be easily identified through the use of
prominent architectural elements, signage, landscaping, decorative
hardscape, lighting, canopies, roof form, architectural projections, columns,
vertical and /or horizontal elements, and other design features that help
emphasize a building's entry.
f. Building elevations, whether front, side, or rear, that are visible from public
rights -of -way should be architecturally detailed to incorporate quality
materials and architectural features that reflect the theme of surrounding
structures and facades. Buildings facing El Segundo Boulevard should
include enhanced and articulated facades. Building entrances should be
readily identifiable. The use of recesses, projections, columns, and other
design elements to articulate entrances is encouraged.
g. Facades should be `divided' by vertical and horizontal variations in wall
planes, building projections, door and window bays, and similar elements.
Building articulation should be present on the side and rear walls of the
building.
Page 45 October 2015
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Draft
h. Roofs should be designed as an integral component of building form, mass,
and facade. Building form should be enhanced by varying and offset roof
planes, eave heights, and rooflines.
i. Green roofs and rooftop gardens are allowed to add landscaping, decrease
the heat island effect of large expanses of flat roofs, retain and filter storm
water run -off, and to reduce energy demand for heating and cooling
buildings. Green roofs are encouraged, but not required.
The exterior surfaces of buildings for the ground floor must be protected
with anti - graffiti coating where appropriate.
4. Color and Materials
a. Colors and materials should be consistent and complementary throughout
the Project area.
b. Exterior materials and architectural details should complement each other
and should be stylistically consistent.
C. Building materials must be durable and resistant to damage, defacing, and
general wear and tear. Acceptable building materials may include concrete,
stone masonry, metal, stucco, glass and /or other contemporary composites.
d. Building materials that support sustainability through the use of
environmentally sound building materials and local resources (e.g., locally
available, contain high recycled- content, are reused, come from renewable
sources, and that contain low volatile organic compound (VOC) levels) is
highly encouraged.
5. Screening and Mechanical Equipment
a. All screening devices must be compatible with the architecture, materials
and colors of the building.
b. Loading docks, bays and parking spaces, delivery service areas, outdoor
storage areas, stand -alone mechanical equipment facilities, should be
located and designed to minimize their visibility, circulation conflicts and
adverse noise impacts. These facilities must be oriented so that they do not
face any public or private rights -of -way. Sound attenuation walls must be
used where appropriate to reduce noise where required by code or the
Project's environmental analysis.
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October 2015
187
Draft
C. Utility and mechanical equipment must be screened from view of public
streets and nearby buildings on all sides with landscaping and /or
architectural elements.
d. Rooftop mounted equipment visible from the surrounding area, adjacent
buildings, and any public or private rights -of -way must be screened from
public view and equipment should be painted to match the roof color when
equipment is visible.
e. Trash and recycling receptacles areas
must be completely screened from public
view from public and private rights -of-
way with a combination of solid walls,
wood, and landscaping.
f. Ground mounted enclosures must be
protected with anti - graffiti coating.
6. Parking Structures
Trash enclosures with
architectural screening elements
a. Parking garages should be designed to help reduce the mass and scale of the
garage and to ensure their compatibility with surrounding uses.
b. Parking garages should be designed to conceal the view of vehicles in the
garage through a combination of screen walls and plantings while providing
adequate visibility for security purposes.
C . The exterior elevations of parking structures should be designed to avoid a
monotonous, monolithic appearance. This can be accomplished through a
menu of options as follows:
Minimize horizontal and vertical banding by balancing both
horizontal and vertical elements.
• Design `green screens' to provide visual relief,
• Use simple, clean geometric forms, and coordinated massing.
• Size openings in the parking garage to resemble large windows as
in an office building.
• Use masonry materials that are predominantly light in color, but
avoid unpainted concrete. Use of accent materials is encouraged.
Avoid a sloping ramp appearance by providing level and uniform
spandrels.
Page 47
October 2015
..
Draft
• Visually define and differentiate between pedestrian and vehicular
entrances through appropriate architectural detailing.
d. Stairs and elevators should be located adjacent to a street on the exterior of
the structure where lobbies can be exposed to outside view. Safe pedestrian
street crossings should be taken into consideration.
e. The use of security cameras is encouraged and may be required by the
Police Department as part of site plan approval.
f. Lighting levels should be equally distributed to provide uniform
illumination over all parking areas. Photometric analysis will be required
as part of site plan/architectural review.
g. Light sources should be shielded so that the source of the illumination is not
seen from outside the structure.
h. The ground floor level of any parking structure must be protected with anti -
graffiti coating.
7. Landscaping
A Landscape Master Plan for the Campus must be provided to the City at or before first
site plan review submittal to provide for a unified concept for the Campus.
Streetscape concepts are provided for the three hierarchies of streets within the project,
including the El Segundo Boulevard frontage, Hughes/Nash Street Extension, and
Continental (see Exhibits 13 -15, Streetscape Concepts). The Master Landscape Concept
Plan must be consistent with these concepts and their associated plant palettes.
General
a. Entries into the project should include a consistent entry feature for the
Campus as a whole. Entries should be provided in the following locations:
• Hughes Way at El Segundo Boulevard
• Hughes Way/Nash Street at the southern Campus boundary
b. Consistent tree species must be planted at Project entries, consistent with
Exhibit 16, Corner Entry Concept.
Page 48
October 2015
WIRE
EL SEGUNDO BOULEVARD
R.O.V/
EXISTING LANDSCAPING
CRAPE MYRTLE TREE 0 25' O.C.
WHEELER'S DWARF TOBIRA
R.0 W.
—
yrt
__ll_._
A
-mw
IAlS IkDV
1171!1 JIE:
�,
1, r
"e1' Pp Gil ;5 17 Ill j
(SLR rJ ;:!
PARKWAY TREE
LAGERSTROFMW INDICA CRAPE MYRTLE
SHRUBS
IIITOSPORUM IOBIRA WHEELER'S DW0' WHEELER'S DWARF TOBIRA
DESCRIPTION
CRAPL MYRTLE
EL SEGUNDO BOULEVARD WILL HAVE A NEW CM I DIKE TRAIL
ALONG THE STREET FRONTAGE. DUE TO THE EXISTING POWER
LINES. THE PARKWAY WILL BE PLANTED WITH CRAPE MYRTLES
BECAUSE OF R'S SMALL SCALE AND FLOWERING CHARACIMT)CS
,
WHEELER'S DWARF IOBIRA WILL BE USED IN THE PARKWAY, SO THAI
°
If CAN BE EASILY MAINTAINED AWAY FROM THE (TIKE PATH CLEAR
WHEEIER'S DWARF TOBIRA
ZONE.
Draft
EXHIBIT 13
EL SEGUNDO BOULEVARD STREETSCAPE CONCEPT
Page 49
October 2015
•E
Draft
i 1
.11 � :2f lea ° ' 1 *•
R.O.W.
3' TALL TEXAS PRIVET HEDGE
FLANCEA TREE
JASMINE
ux
WIDE DECORATIVE MAINTENANCE WAIN(
TAR JASMINE
— CANYON PRINCE WILD RYE
rLONDON PLANE TREE 0 30' O.C.
MEDIM TREE
PLATANUS ACERIFOLIA LONDON PLANE TREE
PARKWAY TREE
RHUS LANCEA AFRICAN SUMAC
SHRUBS
LEYMUS CONDENSATUS 'CANYON PRINCE' CANYON PRINCE WILD RYE
LIGUSTRUM JAPONICUM 'TEXANUM' TEXAS PRIVET
GROUNDCOO
TRACHELOSPERMUM JASMINOIDES STAR JASMINE
DESCRIPMN
THE SECONDARY ARTERIAL STREET (NASH /HUGHES) WILL BE PLANTED
WITH LONDON PLANE TREES IN THE MEDIANS TO MATCH THE
EXISTING LONDON PLANE TREES FOUND ON SOUTH HUGHES WAY.
THIS WEL CREATE A CONTINUOUS AND CONSISTENT LANDSCAPE
CHARACTER FOR THE STREET CORRIDOR. THE PARKWAYS WILL BE
PLANTED WITH RHUS LANCEA TREES TO PROVIDE SHADE FOR THE
STREETSCAPE. A HEDGE OF TEXAS PRIVET SHRUBS WILL BE USED
IN THE PARKWAYS TO PROVIDE SCREENING OF THE ADJACENT USES
AND CANYON PRINCE WILD RYE WILL BE USED IN THE MEDIANS
UNDER THE LONDON PLANE TREES.
Ipp{1 ]:JID?I 71.5
I.W 1✓� �
u?F
R.O.W.
I
N
EXHIBIT 14
HUGHES/NASH EXTENSION STREETSCAPE CONCEPT
Page 50
October 2015
191
Draft
COLLECTOR STREET
co�ITINEPLIAd. ���Fv�
R.O.W.
3• JAPANESE BOXWOOD HEDGE
AUST[� ALWVV WILLOW TREE
-- LITTLE JOHN BOTTLEBRUSH
—;7w AR
v i it le
Nm' SY we 09
=Z17-
'NI4Y1
bi
PARKWAY AND MEDM TREES
GEIJERA PARVIFLORA AUSTRALIAN WILLOW
SHRUBS
BUXUS MICROPHYLIA JAPONICA JAPANESE BOXWOOD
CALLISTEMON 'LITTLE JOHN' LITTLE JOHN BOTTLEBRUSH
WESTRINGIA FRUTICOSA 'MORNING LIGHT' COAST ROSEMARY
1% 1A
THE COLLECTOR STREET WILL BE PLANTED WITH AUSTRALIAN WILLOW
TREES IN BOTH THE PARKWAYS AND MEDIANS TO PROVIDE SHADE AND
INTERESTING TD(TURE TO THE STREETSCAPE. A HEDGE OF JAPANESE
BOXWOOD SHRUBS WILL BE USED IN THE PARKWAYS TO PROVIDE
SCREENING OF THE ADJACENT USES. LITTLE JOHN BOTTLEBRUSH
WILL BE USED IN THE PARKWAYS AND MEDIANS TO PROVIDE
ITOWERNG COLOR TO THE STREETSCAPE AND COAST ROSEMARY WILL
BE USED IN THE MEDIANS TO PROVIDE SHRUBS OF VARYING HEIGHTS.
R.O.W.
WIDE DECORATIVE MAINTENANCE WALK
AUSTRALM WILLOW TREE
ROSEMARY
E JOHN BOTTLEBRUSH
4. - -4-" I45.4�'
LYE m
ti
Amwr on,
wl —�
r
4
EXHIBIT 15
CONTINENTAL STREETSCAPE CONCEPT
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October 2015
192
Draft
CORNER ENTRY TREATMENT
fN1FCi �i�t{
TREE
P., L,M :
SHRUBS
lJl� ':LOA,N 1EIM I'�41
GROUNDCOVER
kxr;',fnF�P.N,,NI yAiUlkyiC$ :: dN V'N;
DESCRIPTION
I tkl' P',.W.I
'HE CCAP. (NIV MEA MA B: rVIlgU Y A '�.V Wfljl S' AE
VEASLIF60 FKV N- FRSUO'N Cf _VENgNG THE RDA, LN6 THE
UPM-PS AIL FLd1UK DATE PALV5 IC CRIA-1 A Ktu' C
Yy.IdI Y BTRN STA7. 0ii A ':ftAS PP'B'1 HFD,F
N(WI.L- RCAIRS fC ik ENIK' WiA-
EXHIBIT 16
CORNER ENTRY CONCEPT
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193
Draft
C. All areas not covered by buildings, walkways, driveways, parking spaces,
and service areas must be landscaped (with drought tolerant plantings and
sustainable hardscapes in accordance with the City's water conservation
requirements).
d. Landscaping should enhance the quality of the Project by framing and
softening the appearance of buildings, defining site functions, screening
undesirable views and buffering incompatible uses.
e. Landscaping at the perimeter of buildings is encouraged to soften the
transition between building and parking lot. Parking lot landscaping must
be distributed evenly to provide for consistent design and shading.
f. Landscaped areas should
generally incorporate a
combination of planting materials
utilizing a three tiered system
consisting of: 1) trees, 2) shrubs or
vines, 3) groundcover /ornamental
grasses. Landscaping should be in
scale with the adjacent buildings
and be of appropriate size at
maturity.
g. Placement of landscaping should not interfere with the lighting of the
Project area or restrict access to utilities.
h. Landscaping should be utilized to define edges, buffer adjacent properties,
screen parking areas and storage areas.
i. Street trees should be spaced appropriately (in adequately sized and
landscaped parkway strips or in tree -wells within wider sidewalks or plazas)
to emphasize and reinforce the spatial definition between the building,
pedestrian environment and the street.
j. In order to reduce the heat - island effect, space parking lot trees to achieve
shading at ratios required by the development regulations of this Specific
Plan. Trees must adequately shade parking lots and provide sufficient area
for water quality requirements.
k. Textured paving materials should be used in pedestrian areas such as
pedestrian courtyards and plaza areas for safety and to provide visual
interest.
Page 53 October 2015
194
Draft
1. Paving materials should include
pervious hardscape materials to
facilitate water treatment and reduce
runoff.
m. Bio- retention areas can be used to
detain/percolate run -off in planted
swales, raised open- bottomed
planters, etc.
On -site storm water capture system
n. Site furnishings including, but not limited to, fixed and moveable seating,
trash and recycling receptacles, bike racks, and pedestrian scaled lighting
should be of durable and sustainable materials.
o. Design and selection of site furniture should include considerations for the
security, safety, comfort and convenience of the user.
P. A unified site furniture "look" is encouraged. The color and appearance of
site furniture products should be selected to complement other design
elements.
8. Walls and Fences
a. Wall and fence design should
complement the Project's
architecture. Landscaping may be
used to soften the appearance of
the wall surface.
1111
Wall and fencing materials must
be made of a durable material.
Wall and fencing materials may
consist of wrought iron, tubular steel, stone, stucco, or brick. Solid walls
should incorporate pilasters with decorative caps and offsets, consistent
with the overall architecture.
C. Landscaping should be used to soften the appearance of the wall surfaces
and deter graffiti.
d. Security fencing must be of high quality design. Razor wire is not permitted.
Chain link fencing is not permitted in any areas that are visible from any
public or private rights -of -way.
e. Walls and fences must be protected with anti - graffiti coating.
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October 2015
195
Draft
9. Lighting Design
a. The type and location of parking area and building lighting must prevent
direct glare on to adjacent properties.
b. Pedestrian scale lighting should be present at all entries, plazas, courtyards,
parking lots, pedestrian ways, and other areas where nighttime pedestrian
activity is expected.
C. Lighting design of fixtures and their structural support should be
architecturally compatible with the architecture of the Project.
d. When appropriate, wall- mounted lighting may be incorporated. Wall -
mounted lights should be compatible with the building's architectural style.
10. Signage
a. A Master Sign Program must be prepared for the South Campus Specific
Plan at or before the first site plan review submittal. Unless specifically
modified by this Specific Plan, all signage must comply with ESMC
requirements.
b. Billboards, pole signs, and signs incorporating flashing or blinking lights
arc not permitted within this Specific Plan area.
C. The character of the signage, including the location, size, height, design and
lighting must be in keeping with the architectural character and monument
style of the overall Project.
d. Signs should make a positive contribution to the desired character of the
Project and overall streetscape and provide for clear identification and
wayfinding.
e. Vehicle, bicycle and pedestrian circulation throughout the Project site, to
parking and various destinations should be enhanced through a
comprehensive system of directional signage and related wayfinding
elements.
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October 2015
197
VI. DEVELOPMENT STANDARDS
The following standards are intended to supplement the existing General Plan and ESMC. Where
this Specific Plan is inconsistent with the ESMC, the Specific Plan prevails. Where this Specific
Plan does not specifically regulate, development must comply with the standards and requirements
set forth in the ESMC.
A. PERMITTED USES
Uses within the Specific Plan area are governed by the following Table, by district: Wireless
facilities are permitted subject to the requirements of ESMC Chapter 15 -19.
Table IV -1
Allowable Uses
Use
Alternative fuel stations
CMU
P
P
•
P
P
•
--
Cafes
Data Centers
Financial institutions
General Offices, including medical and dental
General storage and warehousing
C
P
--
P
P
P
P
-
--
P
P
P
--
General storage and warehousing (Raytheon Company only)
Health Clubs
P
P
--
High and medium bay labs
--
P
P
P
--
High and medium bay_ labs (Raytheon Company only)
Light Industrial uses
Light Industrial uses (Raytheon Company only)
Movie and Entertainment Facilities
--
P
P
P
P
P
P
P
P
P
-
--
-
Multimedia Related Offices
Postproduction Facilities
Public facilities, including, but not limited to, fire and police facilities, post
offices, and libraries.
Public Utilities
P
P
--
P
P
P
Recreation Facilities (public and private)
P
P
P
Research and Development, including scientific research and experimental
development laboratories
Restaurants, full service
P
P
-
P
P
P
P
P
P
--
--
-
Restaurants, fast food
Retail uses (excluding off site sale alcohol sales)
Draft
Page 57
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•z
Table IV -1 [continued]
Allowable Uses
Use
CMU
•
•
Special Effects Studios
P
P
--
Studio /sound stage(s) and other support facilities
P
P
--
Trade and vocational schools for adults
P
P
Any use customarily incidental to a permitted use, including the storage of
A
A
A
hazardous materials associated with any allowable use.
Drive- through or walk -up services related to financial operations.
A
A
The on -site sale and consumption of alcohol at restaurants and cafes.
AUP
AUP
The off -site sale of alcohol at retail establishments.
AUP
AUP
--
Drive- through restaurants
C
C
C
Helicopter landing facilities subject to the provisions of El Segundo Municipal
C
C
C
Code §15-2-13.
C
C
C
Hotels (provided that the existing deed restriction is removed)
Outdoor dining, exempting outdoor dining at restaurants where outdoor
dining comprises 20% or less of the total dining area of the restaurant,
C
C
C
but not exceeding two hundred (200) square feet of floor area.
Laser /optical targets
A/AUP
AAUP
--
Parking structures and surface parking lots
A
P/A
P/A
Radar towers
A/AUP
A/AUP
A/AUP
Video arcades, defined as any business with three or more video or arcade
C
C
C
machines.
All uses that are not permitted, conditionally permitted, or determined to be
similar uses as specified above.
_
_
All uses that are involved with the storage of waste materials as the primary
business
--
-
Freight Forwarding
--
--
Gasoline and Diesel Service Stations
--
--
--
Mini- storage
--
—
--
Residential Uses -- -- --
_
AUP Administrative Use Permit
A Permitted Accessory Use
C Conditional Use
P Permitted Use
Not Permitted
Note: Pursuant to the ESMC, uses of a similar nature which are unlisted in Table IV -1 may be considered by the Director of
Planning and Building Safety, subject to appeal to the Planning Commission.
Draft
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199
B. DEVELOPMENT STANDARDS
Draft
1. Lot Area
a. The minimum building lot area is 10,000 gross square feet.
2. Height
a. Buildings and structures within the Campus cannot exceed 200 feet in
height, measured from finished grade. Exceptions to building height are
permitted in accordance with ESMC § 15 -2 -3.
b. Structures cannot interfere with the operation of the MTA Green Line.
3. Setbacks
a. Buildings and structures within the Campus must be setback a minimum of
twenty -five feet (25') from the adjoining public rights -of -way of El
Segundo Boulevard, the future extension of Nash Street, and the future
extension of Continental Boulevard, except for lots with frontage on the
portion of El Segundo Boulevard located east of the future extension of
Continental Boulevard and west of the future extension of Nash Street. For
lots with frontage on the portion of El Segundo Boulevard located east of
the future extension of Continental Boulevard and west of the future
extension of Nash Street, buildings and structures must be setback a
minimum of fifteen feet (15') from the adjoining public right -of -way of El
Segundo Boulevard.
b. Building and structure setbacks within the interior of the Specific Plan must
be a minimum of fifteen feet (15') from each lot line. Actual required
setbacks may vary depending on Building Code requirements that relate to
type and height of the structure.
C. Permitted intrusions into setbacks are identified in ESMC § 15 -2 -7. The
Class 1 bicycle path located adjacent to El Segundo Boulevard may also
be located within required setback areas as long as a minimum distance of
5 feet is maintained from any building.
4. Lot Frontage
a. A minimum of 100 feet of frontage must be provided for all lots whether on
a dedicated public street or a private street. Parcels exclusively devoted to
right -of -way purposes are excluded from minimum lot frontage
requirements.
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11,
Draft
5. Floor Area
a. The South Campus Specific Plan is currently developed with 1,802,513 net
square feet of development. Development in the Campus is limited to an
additional 1,916,376 net square feet of floor area, as specified herein, for a
total pre- dedication of public right -of -way net FAR of 0.60 distributed over
the entire Campus area and not required as a maximum FAR on any
individual lot as permitted in Section B.6 below. The maximum amount of
developed floor area within the Specific Plan must not exceed 3,718,889 net
square feet as permitted by this Specific Plan.
b. For purposes of this Specific Plan, application of a floor area ratio results in
net building square footage. Gross floor area is the sum of the net floor area
plus an additional twelve percent (12 %) of net floor area for all proposed
new construction.
C. Net floor area consists of the area of all floors or levels included within the
exterior surrounding walls of a building or structure. The total space
devoted to high or medium bay labs may be multiplied by a factor of 0.5 to
determine the net floor area. Space devoted to the following is not included
when determining the total net floor area within a building or structure:
1. Elevator shafts;
2. Stairwells;
3. Courts or atriums uncovered and open to the sky;
4. Rooms exclusively holding building operating equipment;
5. Parking spaces at or above grade and access thereto;
6. Structures devoted exclusively for parking;
7. Restrooms in common areas of nonresidential buildings.
d. Gross floor area consists of the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of garages, vent
shafts, and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls is the usable area under the
horizontal projection of the roof or floor above. For new construction, after
the date of adoption of this plan, gross floor area is defined as specified in
section VI.B.5.b. above.
6. Floor Area Ratio and Transfer of Development Rights
a. FAR may be transferred from any parcel within the boundaries of the
Campus (the "Donor Site ") to any other parcel within the boundaries of the
Campus, whether contiguous or non - contiguous, within the Specific Plan
area (the "Receiver Site ") upon the written consent of the owners of both
the Donor Site and Receiver Site. Any FAR transferred from a Donor Site
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is deducted from that parcel's base FAR. The overall FAR for the entire
Campus cannot exceed a net 0.60 as computed in accordance with the
above, based on pre- dedication of public right -of -way, but any individual
parcel may exceed such FAR. Transfer of FAR may be accomplished by
submitting a letter from the applicant to the Director of Planning and
Building Safety before the City issues building permits for the Receiver Site
which would utilize the transferred FAR. The Director will maintain records
of such transfers and the current density allocations, if any, of all of the
properties within the Specific Plan area. In addition, the owner of Donor
Site must record a covenant acceptable to the Director and the City Attorney
memorializing such transfer of FAR. No approval from the City is required
for such transfer.
b. Regardless of any transfer of FAR, no building can exceed the applicable
development standards set forth in this Specific Plan.
7. Walls and Fences
a. All walls and fences must comply with ESMC § 15 -2 -4.
Accessory Structures
a. Radar towers, dishes, laser /optical targets, and other similar structures are
permitted as accessory structures only subject to approval of an
Administrative Use Permit.
C. CIRCULATION
Draft
Transportation Demand Management (TDM) Plan, that identifies trip reduction
methods in accordance with the guidelines set forth in ESMC Chapter 15 -16 and
Chapter 15 -17, must be prepared for development within the Campus. A TDM Plan
must be submitted for City review concurrent with the first site plan application
within the campus.
2. The maximum number of total daily trips, as well as A.M. and P.M. peak hour
vehicle trips for new development within the Specific Plan area, as determined in
accordance with the Trip Generation tables set forth in Appendix A, cannot exceed
the table below, unless a subsequent traffic report is prepared and approved by the
Director of Planning and Building Safety that identifies potential impacts and
proposes feasible measures to mitigate previously unidentified new impacts. To
ensure that peak traffic does not exceed these thresholds, a trip inventory analysis
must be prepared, acceptable to the Director of Planning and Building Safety, to
maintain a cumulative accounting of total square footage by land use as well as the
cumulative number of A.M. and P.M. peak hour trips. The trip inventory must be
updated and submitted upon the filing of each building permit request.
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Total Daily Trips
3. Public and private streets must be designed and constructed in accordance with the
General Plan and in the overall right -of -way size identified in the General Plan.
a. The connection of Hughes Way with Nash Street must be constructed to the
standards of a secondary arterial street identified in the Circulation Element
of the General Plan.
b. The extension of Continental Boulevard to Hughes Way must be
constructed to the standards of a commercial collector street identified in
the Circulation Element of the General Plan.
C. The private street connecting Continental Boulevard and Nash Street must
be constructed to the standards of a local commercial street identified in the
Circulation Element of the General Plan.
D. PARKING AND LOADING
Draft
1. Parking and loading spaces must be provided in accordance with ESMC Chapter
15 -15, except as provided below.
2. Within the O/I MU District or for office /industrial uses within the CMU District,
parking lots or structures may serve multiple lots and buildings. Up to 100% of the
required parking for an individual lot in the 0/1 MU District or for office /industrial
uses within the CMU District, may be provided off -site subject to the following
standards:
a. Parking must be located within 300 feet of the lot it serves.
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Draft
b. Pedestrian pathways must be provided connecting parking lots or structures
with the buildings they serve. Where off -site parking is across a project
roadway, a crosswalk must be provided.
C, Reciprocal parking and access easements or covenants must be recorded
before the City issues a building permit and must be shown or noted on the
applicable site plans.
d. Parking lots and driveways may straddle lot lines subject to provisions in a
reciprocal parking and access easement or covenant. Such documents must
provide provisions for shared maintenance.
3. For retail and restaurant uses within the CMU District, up to 20% of the required
parking for an individual lot in may be provided off -site with approval by the
Director of Planning and Building Safety, subject to the following performance
standards:
a. Parking must be located within 150 feet of the lot it serves.
b. Pedestrian pathways must be provided connecting parking lots or structures
with the buildings they serve. Where off -site parking is across a project
roadway, a crosswalk must be provided.
C. Other conditions may be applied by the Director as part of site plan
approval.
d. Requests for over 20% off -site parking require Planning Commission
review and approval and may include such conditions as the Planning
Commission may lawfully impose.
4. For retail and restaurant uses within the CMU District, parking lots may service
multiple lots or buildings subject to the following standards:
a. Reciprocal parking and access easements or covenants must be recorded
before issuance of a building permit and must be shown or noted on the
applicable site plans.
b. Parking lots and driveways may straddle lot lines subject to provisions in a
reciprocal parking and access easement or covenant. Private access roads
that connect parking lots with a right -of -way may encroach into a required
landscape setbacks on interior property lines. Such documents must
provide provisions for shared maintenance and landscaping.
5. The number of required parking spaces may be modified subject to the approval of
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a Transportation Systems Management Plan, as specified in the ESMC Chapter 15-
16 "Developer Transportation Demand Management."
6. The Director of Planning and Building Safety may modify the required number of
parking spaces up to a maximum of 10% based on the submittal and approval of a
parking demand study or shared parking analysis. Additionally, for any use for
which the number of parking spaces is not listed in ESMC Chapter 15 -15, the
Director of Planning and Building Safety shall specify the required number of
spaces based on a parking demand study.
7. The Planning Commission may modify the required number of parking spaces up
to a maximum of 20% based on the submittal of a parking demand /shared parking
study.
8. Notwithstanding items 6 and 7 above, the Director of Planning and Building Safety
may also grant uses with significantly different peak hours of operation up to a 20%
parking reduction, without approval of the Planning Commission. Any request for
such shared parking must meet the following requirements:
a. A parking study must be submitted by the applicant demonstrating that there
will not be substantial conflict in the peak hours or parking demand for the
uses for which the joint use is proposed.
b. The number of parking stalls which may be credited against the
requirements of the structures or uses involved cannot exceed the number
of stalls reasonably anticipated to be available during differing hours of
operation.
A written agreement must be executed by all parties concerned, to the
satisfaction of the Director of Planning and Building Safety and the City
Attorney assuring the continued availability of the number of stalls designed
for joint use.
9. Preferential parking must be provided for carpools and vanpools.
10. Bicycle parking must comply with ESMC Chapters 15 -15 and 15 -16 and the South
Bay Bicycle Plan.
11. The Raytheon Company recreation facility within the Specific Plan area is not
required to provide parking beyond that already provided for daytime, weekday
users.
E. LANDSCAPING
Landscaping is a critical criterion when evaluating development proposals in the Campus. This
section will ensure that adequate landscaping area and permanent maintenance is provided for all
Draft
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new development. This mandate is also in accordance with the City's requirements to landscape
commercial and industrial areas.
Landscaped areas must be provided and permanent irrigation systems installed in the landscaped
areas at: 1) the Campus entry areas, 2) around the perimeter of the buildings in the setbacks, 3)
within the required setbacks along the property perimeter and, 4) in the Vehicular Use Areas
(VUAs) as defined in ESMC §15 -1 -6.
A Landscape Master Plan must be prepared for the Campus to ensure a unified appearance
implementing the intent of the Design Guidelines and objectives of this Specific Plan. The
Landscape Master Plan must be submitted to the City at or before the first site plan review
submittal within the Campus.
ALL LANDSCAPING
1. Landscaping must conform to the City's Water Conservation in Landscaping
requirements as set forth in ESMC Chapter 10 -2.
CAMPUS ENTRIES
Campus entries must be provided at the following locations:
• Nash Street at El Segundo Boulevard
• IIughes Way/Nash Street at the southern campus boundary
Entry landscaping must be in substantial conformance with the entry concepts outlined in the
Design Guidelines of this Specific Plan.
BUILDING PERIMETER LANDSCAPING
1. Except as otherwise allowed by this Plan, a minimum horizontal depth of five feet
of landscape materials, excluding curbs, must be provided around each building. In
instances where two buildings are separated by ten feet, the landscape requirement
may be reduced to allow for pedestrian walkways /access.
PROPERTY PERIMETER LANDSCAPING
Draft
1. One shade tree must be provided for every 25 feet of street frontage.
2. The following encroachments are permitted into the landscaped setback areas:
a. Parking may encroach into the landscaped setback up to a maximum of fifty
percent of the required setback area, provided a minimum landscaped
setback of five feet is maintained except as permitted in Specific Plan §
VI.D.2.
b. "Architectural landscape features" including fountains, free- standing
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arbors /pergolas, and public art, may encroach into the landscaped setback
area subject to site plan review, provided a minimum landscaped setback of
five feet is maintained. The features may cover a maximum of twenty five
percent of the total area of the setback, and be a maximum of twenty feet in
height.
VEHICULAR USE AREAS
Vehicular Use Areas (VUA) include parking lots and loading areas. Landscaping
in the VUAs must cover a minimum
of five percent of the VUA and be
distributed uniformly throughout the
VUA. Such landscaping is in addition
to the required property perimeter and
building perimeter landscaping. The
figure to the right represents a typical
parking area within the Campus.
a.
Q
C.
A minimum of 5 foot
landscape buffers must be
provided at all parking lot
edges to screen parking lots
and provide shading.
PARKING L0T LANDSCAPE
Planting areas containing trees
must have a minimum width of 5 feet.
Each parking space must be located within 30 feet of a tree. Trees are
required to provide shade and parking lot/loading area screening
F. PUBLIC SAFETY
In an effort to ensure the safety of employees and visitors to the Campus, the following strategies
must be incorporated into site development:
Draft
Lighting must be adequate throughout the Campus and shielded to minimize off -
site illumination. Submittal of photometric studies is required as part of any site
plan review submittal which includes parking lots, and parking structures in the
Specific Plan area.
2. The site design and operation must comply with fire and police safety regulations
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with regard to site layout, building configurations, landscape design, and
infrastructure requirements.
3. Street lighting must be provided in accordance with ESMC requirements.
G. SIGNAGE
1. Signage within the Campus must conform to the signage regulations of the ESMC
except as established and approved in a Master Sign Program for the Campus.
2. The following signs are not permitted within the Campus:
• Billboards, as defined in the ESMC; and
• Pole signs; and
• Signs incorporating flashing or blinking lights.
3. A Master Sign Program for the entire Campus must be developed and submitted
for review and approval by the Planning Commission before or concurrent with the
first site plan review for a project within the Specific Plan. The Master Sign
Program must include the following elements:
• Campus Master signage (entryways, common sign design throughout
Campus);
• Sign standards developed for each of the three uses allowed: industrial,
commercial and office;
• Provisions for way finding and decorative elements such as banners;
• General features that all signs in the Campus are required to comply with;
and
• Regulations for temporary signs (including construction signs).
H. SUSTAINABILITY
Draft
1. All new development must have buildings designed to be energy efficient, at least
15% above Title 24 requirements.
2. The Project areas must include Stormwater management practices that treat
Stormwater runoff from 90% of the average rainfall on the site using structural and
non - structural management measures.
3. Preferential parking must be provided for carpools and vanpools at the rate of not
less, than 10 percent of total employee parking.
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4. Bicycle parking must comply with the ESMC.
Shower facilities must be provided for buildings of 25,000 square feet or greater.
6. Exterior lighting must be energy efficient and designed to minimize light pollution.
7. Low - emitting building materials must be utilized.
Roof structures must be designed to support future solar panels.
9. Reclaimed water must be utilized for all landscaped areas.
10. A Pedestrian Walkway for direct access to the Green Line Station from the project
site that meets ADA minimum width requirements.
I. ENCLOSED USES
All uses must be conducted wholly within an enclosed building except for the following:
Draft
Electrical distribution stations, adequately screened from public rights -of -way and
public view, as determined by the Director of Planning and Building Safety.
2. Outdoor restaurants and cafes incidental to the permitted use, provided they comply
with the provisions of ESMC §15 -2 -16.
Recreational facilities customarily conducted in the open.
4. Radar towers, antennas, dishes, and laser /optical targets, provided they comply with
the screening requirements of ESMC § 15 -2 -8.
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VII. ADMINISTRATION
A. INTRODUCTION
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.
1. The Director of Planning and Building Safety may grant administrative use permits
in accordance with ESMC Chapter 15 -22.
2. The Director of Planning and Building Safety may make other administrative
determinations using the same procedures set forth in ESMC Chapter 15 -22.
3. The Director of Planning and Building Safety may grant adjustments and
administrative adjustments in accordance with ESMC Chapter 15 -24.
4. The Planning Commission may grant conditional use permits in accordance with
ESMC Chapter 15 -23.
B. MUNICIPAL CODE REFERENCES
All section references in the Specific Plan refer to the El Segundo Municipal Code (ESMC) as
adopted at the time of building permit application submittal.
C. MODIFICATIONS
Draft
1. Major Modifications
The following modifications constitute a Major Modification and require an amendment to
this Specific Plan:
a. Any decrease in the required building setbacks as set forth in Section VI.B.3
above;
b. Any increase in the total developable square footage of the entire Specific
Plan in excess of the maximum allowable development intensity allowed
under the Specific Plan;
C. Any increase in height of buildings or structures on the Property above 200
feet;
d. Any increase in the maximum number of A.M. and P.M. peak hour vehicle
trips for the Specific Plan as specified in Section VI.C.2 above, unless a
subsequent traffic report has been prepared to the reasonable satisfaction of
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Draft
the Director that identifies potential impacts and proposes feasible
mitigation measures to mitigate such impacts and otherwise complies with
CEQA;
C. Any change in use to a use which is not permitted under the Specific Plan,
except as approved by the Director in accordance with Chapter 15 -22 of the
ESMC;
f. Any change in the land use plan categories identified in Exhibit 5 of this
plan.
g. Any decrease in the minimum required lot area;
h. Any decrease in the minimum required lot frontage;
i. Any material modification that requires modification to the EIR other than
an Addendum; and
Any modification deemed by the Director of Planning and Building Safety
as major and requiring amendment to this Specific Plan.
2. Minor Modifications
Any modification to this Specific Plan not listed above as a "major modification,"
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 and Design
Standards, Applicable Rules, and Project Approvals. Such Minor Modifications may
include:
• Modifications to the streetscape palette with the concurrence of the City's
urban forester.
Modifications to infrastructure sizing based upon final engineering plans
approved by the City.
Relocation of the Raytheon Recreation Facility to a parcel or parcels of the
same size (7.54 acres) or larger and having similar access. Should this occur,
a revised land use plan shall be provided updating the land use plan of this
document (Exhibit 5).
• Modifications to the conceptual plan (Exhibit 6), Vesting Tentative Map
(Exhibit 7) and Conceptual Utility Plans (Exhibits 8, 9, 10, 11 and 12) that
do not exceed the new development vehicle trip cap, do not increase the
number of parcels and do not require subsequent CEQA environmental
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review may be deemed minor by the Director of Planning and Building
Safety.
Adjustments, Administrative Adjustments, Administrative Determinations
subject to the requirements in Section VILA, above.
D. SITE PLAN REVIEW
Draft
1. Overview
In order to develop a Project that is in conformance with the uses, density, approved FAR,
Design Guidelines and trip generation of this Specific Plan, a Site Plan Review ( "SPR ")
application shall be filed with the Department of Planning and Building Safety.
2. Application for Site Plan Review - Contents
The Site Plan Review Application must conform to the following. The number of copies
required for submittal will be determined by City policy at time of submittal:
a. A "Development Status Tracking Table" must be submitted to the Director
of Planning and Building Safety for review by the Planning and Building
Safety Department as part of any site plan submittal within the Specific Plan
area. This table must specify the development request for the site plan
including the following information:
Specific Plan parcel area(s) and the allocation of intensity by land
use as defined in Section III herein;
A revised Land Use table for the Specific Plan area by phase,
showing updated land use distribution and intensity as modified by
the site plan submittal; and
Submittal of a traffic report analyzing the trip generation for the land
use(s) and demonstrating that the maximum number of vehicle trips
(trip ceiling) is not exceeded.
C. Plans and landscape plans for projects must be prepared by a registered
architect and a licensed landscape architect respectively.
C. Site Plan. A fully dimensioned site plan, drawn to scale and showing:
1. Location of existing and proposed structures, including signs,
showing dimensions from property line;
2. Location, size and species of existing trees or natural attributes;
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Draft
3. Location of off - street parking. The number of parking spaces
(specifying handicapped, compact and regular spaces), type of
paving, direction of traffic flow, parking stall dimensions, and areas
for turning and maneuvering vehicles;
4. Location and dimension of driveway approaches, off - street loading
areas, street and highway dedications;
5. Refuse disposal and recycling;
6. Location, height, and material of existing and /or proposed fences
and walls;
7. Means of screening all vents, pipes, antennas and machinery placed
on roofs;
8. Location, height and specifications of all existing and /or proposed
exterior lighting;
9. Location of all utility pipes, valves, vaults and similar
appurtenances; and
10. Location of structures on abutting lots showing dimensions to
property line.
d. Photometric Analysis for parking lots and parking structures.
e. Elevation Drawings. Elevation drawings dimensioned and fully illustrating
all sides of the proposed structures. These drawings must include:
1. Location of signs and size, height, color, material and type of
illumination of all signs. A Master Sign Plan must be submitted
when the development includes two or more tenants;
2. Location, size and style of architectural features, such as awnings,
doors, windows and other wall openings; and
3. All exterior materials and their colors.
f. Landscape Plan. A preliminary landscape plan showing the location and
design of the following listed items:
1. Existing trees (by species and size) proposed to be retained,
removed or relocated on the site;
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Draft
2. Landscaped areas and the numbers, varieties and sizes of plant
materials to be planted therein and all other landscape features;
3. Softscape, hardscape (walkways, paving, textured concrete) and
lighting; and
4. All submittal material required by ESMC Chapter 10 -2.
g. Colors and Materials. A materials and colors board showing all colors and
materials, with color chips and textures keyed to the principal plan elements
where those components are found.
h. Floor Plans.
i. Photo Board. Showing subject site, and all surrounding properties.
j. Rendering/Illustration. One set of color elevation drawings or a color
rendering. The Director of Planning and Building Safety may require, at
his /her discretion, a computer model where such is necessary to evaluate
scale, massing and architectural treatment.
3. Site Plan Review - Procedure
a. The Director of Planning and Building Safety must review the application
to ensure there is consistency with the Specific Plan within 30 days after the
Director deems the application complete.
b. CEQA Review, if required, must be conducted in accordance with
applicable law.
The Site Plan Review must be timely scheduled for public hearing before
the Planning Commission, which date should not exceed 45 days after the
completion of the public review period of the environmental
documentation, or within 30 days from the date the application is deemed
complete if no further environmental review is required. The Planning
Commission must render its decision in writing, either approving,
approving with conditions, or denying the Site Plan Review application,
stating the reasons for such action. The decision of the Planning
Commission is final unless appealed to the City Council.
d. Any aggrieved person may appeal the Planning Commission's decision to
the City Council. Such appeal must be filed in writing with the Department
of Planning and Building Safety within ten (10) days after the date of the
written decision by the Planning Commission. Upon receipt of such an
appeal and the payment of the appropriate filing fee, the matter must be
scheduled for consideration by the City Council no more than 45 days after
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the date of receipt of the appeal.
e. The Site Plan is valid for two years from the date of approval. If construction
does not commence 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 two additional
years.
f. After the Site Plan is approved, the Director of Planning and Building Safety
may approve minor changes in the Site Plan or its conditions 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
law and that such changes do not involved deviations from the design's
intent.
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 conceptual plan
depicted in this Plan.
In approving the Site Plan Review 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, bulk and building materials;
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 vehicular patterns and pedestrian safety features;
h. The location, distribution, 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;
Draft Page 74 October 2015
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The placement, photometrics, 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;
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;
m. Compliance with all applicable development standards including, but not
limited to, height, setbacks, FAR, trip generation, and off - street parking
requirements; and,
n. Consistency with the Design Guidelines of this Specific Plan.
5. Approval Criteria
Draft
The Planning Commission, or City Council on appeal, may approve the Site Plan Review
if it finds that the site plan, architecture and landscape design, with conditions if necessary
are consistent with this Specific Plan.
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 activities not listed:
a. All interior changes and alterations
b. Demolition of Buildings E -20, E -21, E -23, or E -24
C. Exterior mechanical equipment (heating, air conditioning, water heater)
designed with mechanical equipment screening compatible with the
architecture of the building to which it is adjacent or affixed.
d. Minor exterior repairs costing less than $50,000 in 2015 dollars, indexed
for inflation to the Consumer Price Index (CPI).
e. Reglazing, new mullions
f. Re- landscaping consistent with the landscape palette
g. Repainting
h. Reroofing with similar style roofing materials
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E. 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 by ordinance. 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.
F. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The El Segundo South Campus Specific Plan and related entitlements were approved in
accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines
(Guidelines), and City policies adopted to implement the CEQA and the Guidelines.
An Environmental Impact Report was prepared and certified by the City Council which establishes
the development thresholds shown in Table VII -1 below.
Table VII -1
California Environmental Quality Act Compliance
Project EIR ••
Existing Site Facilities 1,802,513 square feet
The Conceptual Site Plan and Application Materials 1,930,000 square feet (including 13,624 square
evaluated within the EIR document. feet of demolition and replacement)
The CEQA clearance indicated above analyzes the effects of 1,930,000 net square feet of
incremental development by the Project , 13,624 of which is anticipated to be replacement of
existing facilities with allowed uses.
Any portion of the Project that is developed consistent with the Conceptual Site Plan evaluated
for this Specific Plan is exempt from further CEQA analysis unless an event specified in Public
Resources Code § 21166 occurs as to the Specific Plan.
Draft
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APPENDIX A
E1 Segundo South Campus Specific Plan Trip Generation
Rates, Credits, and Caps
The following two tables are to provide data for maintaining a trip inventory analysis for the build -
out of the Specific Plan. A table maintaining a cumulative accounting of total square footage by
land use as well as the cumulative number of A.M. and P.M. peak hour trips generated by new
development within the Specific Plan area must be generated by the project applicant and verified
by the City. The trip inventory must be updated and submitted upon the filing of site plan review
application and verified before a building permit is issued.
The traffic- generating characteristics of most of the components of the Project are identified in the
Institute of Transportation Engineers' (ITE) Trip Generation, 9th Edition.
With mixed -use projects there are many opportunities for interaction amongst the various uses.
The interaction is likely to reduce the number of trips entering and leaving the site ( "internal
capture "). Additionally, many of the individual uses will attract vehicles already on the
surrounding street network ( "diverted /pass -by "). These are trips that are already on the roadway
network and are diverted to the Project. Furthermore, since the Specific Plan is adjacent to the El
Segundo Metro Green Line station, the following table takes into consideration credits for transit
usage, as well as for "internal capture" and "diverted /pass -by."
Draft
Appendix A — Table I
Project Trip Ceiling
for trips associated with new development
within the ESSCSP area.
Total Daily Trips
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Appendix A - Table 2
Summary of Trip Generation Rates and Trip Credits
RAYTHEON SOUTH CAMPUS SPECIFIC PLAN DRAFT TRAFFIC IMPACT ANALYSIS
SUMMARY OF TRIP GENERATION RATES AND TRIP CREDITS
Draft
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AM PEAK -HOUR
PM PEAK -HOUR
AVERAGE DAILY
Use
FORMULA (per
FORMULA (per
TRIPS FORMULA
1,000 gross square
1,000 gross square
(per 1,000 gross
feet)
feet)
square feet)
Retail
T = 0.96 (A)
T = 3.71 (A)
T = 42.70 (A)
Internal Capture
-
Less 1%
Less 2%
Diverted /Pass -By
-
Less 34%
-
General Light Industrial
T = 0.92 (A)
T = 0.97 (A)
T = 6.97 (A)
Internal Capture
-
Less 1%
Less 1%
Warehouse
T = 0.30 (A)
T = 0.32 (A)
T = 3.56 (A)
Internal Capture
-
Less 1%
Less 1%
Office
T = 1.56 (A)
T = 1.49 (A)
T = 11.03 (A)
Internal Capture
-
Less 1%
Less 1%
Transit Credit*
Less 5%
Less 5%
Less 5%
Other Possible Uses
Health /Fitness Club
T = 1.41 (A)
T = 3.53 (A)
T = 32.93 (A)
Hotel
T = 0.53 (R)
T = 0.60 (R)
T = 8.17 (R)
Medical /Dental Office
T = 2.39 (A)
T = 3.57 (A)
T = 36.13 (A)
Supermarket
T = 3.40 (A)
T = 9.48 (A)
T = 102.24 (A)
Quality Restaurant
T = 0.81 (A)
T = 7.49 (A)
T = 89.95 (A)
High- Turnover (Sit -Down) Restaurant
T = 10.81 (A)
T = 9.85 (A)
T = 127.15 (A)
Fast -Food Restaurant without Drive - Through
Window
T = 43.87 (A)
T = 26.15 (A)
T = 716.00 (A)
Coffee /Donut Shop without Drive- Through
Window
T = 108.38 (A)
T= 40.75 (A)
T = 818.58 (A)
Notes
* Trip generation adjustment discount associated with proximity to transit service
for similar sites based
on
recommendations published by Los Angeles County Metropolitan Transportation Authority (LAMTA) and ITE.
T: Trip ends
A: Building area in 1,00 sq. ft.
R: Rooms
Draft
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219
APPENDIX B
EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN
LEGAL DESCRIPTION
THAT PORTION OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO
SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO. 11629, SUPERIOR COURT OF SAID
COUNTY ON JUNE 21, 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A
COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID
COUNTY AS CLERK'S FILED MAP NO. 218, BOUNDED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SECTION 18; BOUNDED ON THE
EAST BY THE WESTERLY LINE AND THE NORTHERLY PROLONGATION THEREOF OF
TRACT NO. 26556, AS SHOWN ON MAP RECORDED IN BOOK 675 PAGES 93 TO 94 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED ON THE
SOUTHEAST BY THE NORTHWESTERLY LINE OF THE 80 FOOT STRIP OF LAND DESCRIBED
IN THE DEED TO PACIFIC ELECTRIC RAILWAY CO., RECORDED MAY 27, 1913 AS
INSTRUMENT NO. 210 IN BOOK 5750 PAGE 43 OF DEEDS, RECORDS OF SAID COUNTY AND
BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY LINE OF THE LAND DESCRIBED
AS PARCEL 2 IN THE DEED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED
MARCH 6, 1930 AS INSTRUMENT NO. 535 IN BOOK 9840 PAGE 33, OFFICIAL RECORDS OF
SAID COUNTY.
EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL
RESOURCES AS DEFINED IN SECTION 6903 OF THE CALIFORNIA PUBLIC RESOURCES CODE
AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM THE PROPERTY BELOW A DEPTH OF FIVE
HUNDRED (500) FEET, AS RESERVED BY DEED EXECUTED BY CHEVRON U.S.A. INC., A
CORPORATION, RECORDED ON NOVEMBER 28, 1978 AS INSTRUMENT NO. 78- 1317577,
WHICH ALSO RECITES, "PROVIDED, HOWEVER, THAT ALL RIGHTS AND INTEREST IN THE
SURFACE OF THE PROPERTY AND THE LAND MASS OF THE PROPERTY TO A DEPTH OF FIVE
HUNDRED (500) FEET ARE HEREBY CONVEYED TO GRANTEE, NO RIGHT OR INTEREST OF
ANY KIND THEREIN, EXPRESS OR IMPLIED, BEING EXCEPTED OR RESERVED TO GRANTOR
EXCEPT AS HEREINAFTER EXPRESSLY SET FORTH."
Draft
ASSESSOR'S PARCEL NOs. 4138 - 014 -047 AND 4138 - 014 -013
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October 2015
220
CITY COUNCIL ORDINANCE
EXHIBIT C
DEVELOPMENT AGREEMENT
EXHIBIT 2c
221
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
RAYTHEON COMPANY
2000 El Segundo Boulevard
El Segundo, California 90245
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE § 65868.5
222
TABLE OF CONTENTS
Page
1. Definitions ................................................................................................... ..............................1
2. Recitals ......................................................................................................... ..............................3
3. Binding Effect .............................................................................................. ..............................4
3.1 Constructive Notice and Acceptance ......................................... ..............................4
3.2 Rights to Transfer ...................................................................... ..............................4
3.3 Liabilities Upon Transfer ........................................................... ..............................4
3.4 Reassumption of
Rights.................................................................. ............................... 5
4. Development of the Campus ........................................................................ ..............................5
4.1 Entitlement to Develop .............................................................. ..............................5
4.2 Permitted Uses, Density, Height and Dedication of Land for Public Purposes ....... 5
4.3 Development Standards ............................................................. ..............................5
4.4 Building Regulations ................................................................. ..............................5
4.5 Subsequent Rules ....................................................................... ..............................5
4.6 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications 5
4.7 Use of Easements ....................................................................... ..............................6
4.8 Timing of Development ............................................................. ..............................6
4.9 Moratorium ................................................................................ ..............................7
4.10 Infrastructure. ..................................................................................................... 7
4.10.1 Infrastructure
Capacity............................................................... ..............................7
4.10.2 Phasing
Flexibility....... r ................................................... ..............................7
4.10.3 Infrastructure
Completion........................................................... ............................... 7
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4. 10 Prevailing Wages ........ ............................... ..................7
4.11 Term ..................................................................................... ..............................8
4.12 Term of Map(s) and Other Project Approvals ............ ..............................8
4.13 Satisfaction of Mitigation Measures and Conditions ........... ..............................8
4.14 In Lieu Credits ..................................................................... ..............................8
5. Developer Agreements ................................................................................ ..............................8
5.1 General ....................................................................................... ..............................8
5.2 Maintenance Obligations ........................................................... ..............................8
5.3 Sales and Use Tax ...................................................................... ..............................8
5.4 Title 24 Energy Requirements ............................... ..............................9
6. City Agreements .......................................................................................... ..............................9
6.1 Expedited Processing ................................................................. ..............................9
6.2 Processing Cooperation and Assistance .................................... ..............................9
6.3 Processing During Third Party Litigation ................................. .............................10
6.4 Reimbursement for City's Efforts on Behalf of Developer ...........................10
6.5 City's Efforts to Defend and /or Enforce Multi Agency Agreements ................10
7. Traffic Improvements ................................................................................. .............................10
7.1 Nash Street ..................................................... .............................10
7.2 Continental Boulevard Access .............................. ..............................1 l
7.3 El Segundo Boulevard Improvements ..................... ..............................1 l
7.4 El Segundo Boulevard Bicycle Path ........................ .............................12
7.5 Nash Street Extension Bicycle Lane ........................ .............................13
7.6 Green Line Station ............................................ .............................13
7.7 Coral Street Connection ...................................... .............................14
7.8 Traffic In Lieu Credits ........................................ .............................14
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8. Utilities .. .... .............................. ............. .......... ..... ..... ......... ............. ___ ... 14
9. Recreational Access ........................................................ .............................14
9.1 Non - Raytheon User Access .................................. .............................14
9.2 Irrevocable Offer to Dedicate Land to City ............. .............................15
10. Payments After Approval ..................................................... .............................15
10.1 Six Annual Payments ........................................................................ .............................15
10.2 Year 10 Payment ............................................................................... .............................15
10.3 Building Permit Fee ......................................................................... .............................15
11. Uniform Codes and Standard Specification ............................. .............................15
12. Demonstration of Good Faith Compliance ................. ............................... ............................156
12.1 Review of Compliance ........................................................ .............................16
12.2 Good Faith Compliance ...................................................... .............................16
12.3 Information to be Provided to Developer ........................... .............................16
12.4 Developer's Report ....................................... .............................16
12.5 Notice Of Non - Compliance; Cure Rights ........................... .............................17
12.6 Public Notice of Finding ..................................................... .............................17
12.7 Failure of Periodic Review ............................................... ............................... 17
13. Excusable Delays ........................................................................................ .............................17
14. Default Provisions ....................................................................................... .............................17
14.1 Default ................................................................................ .............................18
14.2 Content of Notice of Violation .... ....................................... .............................18
14.3 Remedies for Breach ........................................................... .............................18
14.4 Resolution of Disputes ........................................................ .............................18
14.5 Attorney Fees and Costs ................................. .............................18
15. Mortgagee Protection .................................................................................. .,...........................19
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225
11.1 Mortgage Not Rendered Invalid ......................................... .............................19
11.2 Request for Notice to Mortgagee ........................................ .............................19
11.3 Mortgagee's Time to Cure ................................................... .............................19
11.4 Cure Rights ......................................................................... .............................19
11.5 Bankruptcy .......................................................................... .............................20
11.6 Disaffirmation ..................................................................... .............................20
16. Estoppel Certificate ............................................................................. ...............................
17. Administration of Agreement ............................................................. ...............................
17.1 Appeal of Determinations ................................................... .............................20
17.2 Operating Memoranda ........................................................ .............................20
17.3 Certificate of Performance .................................................. .............................21
20
20
18. Amendment or Termination by Mutual Consent ........................................ .............................21
19. Indemnification / Defense ........................................................................... ............................... 21
19.1 Indemnification ................................................................... .............................21
19.2 Defense of Agreement ... .......... ..................................................... ,............... ...21
20. Cooperation in the Event of Legal Challenge ........................... .............................21
20.1 Third Party Challenges .................................. .............................21
20.2 Third Party Challenges Related to the Applicability City Laws ................22
21. Time of Essence .......................................................................................... .............................23
22. Effective Date ......... ..................................................................................... .............................23
23. Notices ........................................................................................................ .............................23
24. Entire Agreement ........................................................................................ .............................25
25. Waiver ......................................................................................................... .............................25
26. Ambiguities or Uncertainties .............................................. .............................25
27. Supersession of Subsequent Laws of Judicial Action .................. .............................25
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226
28. Severability ................................................................................................. .............................25
29. Relationship of the Parties ................................................. .............................25
30. No Third Party Beneficiaries .............................................. .............................25
31. Recordation and Agreement and Amendments ......................... .............................25
32. Cooperation Between City and Developer .............................. .............................25
33. Rules of Construction ...................................................... .............................25
34. Governing Law and Venue ................................................ .............................26
35. Counterparts ................................................................. .............................26
36. Weekend /Holiday Dates.............. ..................................... .............................26
37. Not a Public Dedication, .... ............................................... .............................26
38. Releases ...................................................................... .............................26
39. Consent .................... ............................................... .............................27
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227
DEVELOPMENT AGREEMENT
This Development Agreement is made and entered into by and between the CITY OF EL
SEGUNDO ( "City "), a general law city and municipal corporation, and RAYTHEON COMPANY
( "Developer "), a Delaware corporation, as of this day of , 2015. City and
Developer are also individually referred to as "Party" and collectively as "Parties." In
consideration of the mutual covenants and agreements contained in this Agreement, City and
Developer agree as follows:
1. Definitions. Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this Agreement. Words and
phrases not defined in this Section will have the meaning set forth in this Agreement; the El
Segundo Municipal Code; or in common usage.
"Agreement" means this Development Agreement between the City and Developer.
"Applicable Rules" means:
• The El Segundo General Plan, as it existed on the Application 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 El Segundo South Campus Specific Plan as adopted;
■ Such other laws, ordinances, rules, regulations, and official policies governing
permitted uses of the Campus, density, design, improvement, development fees,
and construction standards and specifications applicable to the development of the
Campus in force at the time of the Effective Date, which are not in conflict with
this Agreement.
"Application Date" means December 8, 2011, the date on which the last of the Project
Approval applications was deemed complete by the City.
"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 are 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.
"Campus" means that 142.28 acre property located at 2000 El Segundo Boulevard in El
Segundo, California more particularly described in attached Exhibit "A," which is incorporated by
reference.
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"CEQA" means the California Environmental Quality Act (Public Resources Code § 21000,
et seq.) including the regulations promulgated thereunder (14 Cal. Code of Regulations
§ 15000, et seq., the "CEQA Guidelines ").
"City Council" means the City Council of the City of El Segundo.
"Developer" means Raytheon Company and its transferees, assigns and successors in
interest.
"Development Standards" means the design and development standards that are applicable
to the Project.
"Director" means the Director of Planning and Building Safety, or designee.
"Effective Date" means the date on which the Enabling Ordinance becomes effective in
accordance with Government Code § 36937.
"SSMC" means El Segundo Municipal Code.
"Existing Development" means that development which exists on the Campus on the
Effective Date, as more specifically set forth in attached Exhibit `B," which is incorporated by
reference.
"Enabling Ordinance" means Ordinance No. , approving this Development
Agreement.
"Future Approvals" means such subsequent 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.
"New Development" means any development constructed within the Specific Plan area
after the Effective Date.
"Person" must mean a natural person or any entity.
"Project" means the development of the Campus in accordance with the Project Approvals.
"Project Approvals" means:
Final Environmental Impact Report No. EA -905, as certified by Resolution No.
Mitigation Monitoring Program for Final Environmental Impact Report No. EA-
905, as adopted by Resolution No. ;
General Plan Amendment No. 11 -01, as approved by Resolution No. including
a change in the Land Use Map;
2
229
• El Segundo South Campus Specific Plan No. 11 -01, as adopted by Ordinance No.
• Zone Change No. 11 -02, as approved by Ordinance No. , including a change
in the Zoning Map;
• Zone Text Amendment No. 11 -01, as approved by Ordinance No. ;
• Vesting Map No. 71551, as approved by Resolution No. ; and
■ This Agreement.
"Specific Plan" or "ESSCSP" means the El Segundo South Campus Specific Plan.
"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 Campus.
"Transferee" means a Person which assumes in whole or in part the rights and obligations
under this Agreement with respect to all or a portion of the Campus.
"Uniform Codes" means those Uniform Codes adopted by reference in the ESMC in
accordance with Government Code §§ 50022.2, et seq. as required by applicable law including,
without limitation, Health and Safety Code § 18944.5 and Title 24 of the California Code of
Regulations. The Uniform Codes govern building and construction standards including, without
limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.
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 seq., City is authorized to enter into a
binding contractual agreement with any person having a legal or equitable interest in real property
for the development of such property.
2.2 Developer is the owner of the Campus.
2.3 Developer desires to develop the Campus in accordance with the El Segundo South
Campus Specific Plan.
2.4 By this Agreement, City desires to obtain the binding agreement of Developer to
develop the Campus 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.
3
230
2.5 By this Agreement, Developer desires to obtain the binding agreement of City to
permit the development of the Campus 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 have acknowledged and agreed 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 Term of this Agreement.
2.8 The Project uses are consistent with the General Plan, as amended through General
Plan Amendment No. GPA 11 -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, better
circulation in the northeast quadrant of the City.
2.10 All of the Campus 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 transferee, assign and successor in interest
thereto and constitute covenants that run with the land.
3.1 Constructive Notice and Acceptance. Every Person who acquires any right, title or
interest in or to any portion of the Campus in which Developer has a legal interest is, and must be,
conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not
any reference to this Agreement is contained in the instrument by which such person acquired such
right, title or interest.
3.2 Rights to Transfer. Developer may assign or transfer in whole or in part its rights
and obligations under this Agreement with respect to the Campus, or any portion thereof, to any
Transferee at any time during the Term of this Agreement without approval of City, including
through provision of a long -term ground lease. For purposes of this Agreement, the Transferee
must be considered the "owner" of that portion of the Campus 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 Campus, Developer
will be released from its obligations under this Agreement with respect to the Campus, 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 Campus so
transferred by executing an Assignment and Assumption Agreement in the form of attached
Exhibit "C," which is incorporated by reference. Upon any transfer of any portion of the Campus
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 Campus acquired by such Transferee.
4
231
Any such Transferee must be entitled to the benefits of this Agreement as "Developer" hereunder
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 Campus owned by such Transferee and does not
cancel or diminish in any way Developer's rights hereunder with respect to any portion of the
Campus not owned by such Transferee. The Transferee is responsible for satisfying the good faith
compliance requirements set forth in Section 8 below relating to the portion of the Campus owned
by such Transferee, and any amendment to this Agreement between the City and a Transferee must
only affect the portion of the Campus owned by such Transferee.
3.4 Resumption of Rights. If Transferee defaults with respect to any provision of this
Agreement, Developer may, but is not obligated to, resume Transferee's obligations upon written
notification to City.
4. Development of the Campus. The following provisions, in addition to Applicable Rules,
govern the development and use of the Campus. However, nothing affects any Existing
Development on the Campus which is allowed to continue in its current location and under its
current development standards.
4.1 Entitlement to Develop. The Developer is granted the vested right to develop the
Project on the Campus subject to the Applicable Rules, the Project Approvals and any Future
Approvals.
4.2 Permitted Uses, Density, Height and Dedication of Land for Public Purposes. The
permitted and conditionally permitted uses of the Campus 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 Campus 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
Campus unless Developer gives City written notice of its election to have such Subsequent Rule
applied to the Campus, in which case such Subsequent Rule is deemed to be an Applicable Rule.
4.6 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications.
4.6.1 All fees, exactions, mitigation measures, conditions, reservations and
dedications of land for public purposes that are applicable to the Project are set forth in the Project
Approvals, the Applicable Rules and this Agreement.
4.6.2 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
232
impose those fees and exactions, including, without limitation, dedications and any other fee
relating to development or the privilege of developing, which are in effect on a City -wide basis as
of the Effective Date.
4.6.3 Developer must pay the impact fees pursuant to City Council Resolution
Nos. 4443 and 4687.
4.6.4 This Section cannot be construed to limit the authority of City to charge
normal and customary application, processing, and permit fees, including legal and environmental
processing costs, 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.
4.6.5 Nexus /Reasonable Relationship Challenges. Developer consents to, and
waives any rights it may have now or in the future to challenge the legal validity of, the conditions,
requirements, policies or programs required by this Agreement or Applicable Rules including,
without limitation, any claim that they constitute an abuse of the police power, violate substantive
due process, deny equal protection of the laws, effect a taking of property without payment of just
compensation, or impose an unlawful tax.
4.7 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.
4.8 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 Campus 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 Campus. However, nothing in this Section must 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.
Notwithstanding the above, Developer must be required to build the on -site and off -site
infrastructure required for the Project in accordance with the Project Milestones and Thresholds
that are listed in Exhibit D, attached hereto and incorporated herein by reference.
233
4.9 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 Campus,
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 and sewer)
approved, issued or granted within City, or portions of City, applies to the Campus 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.
4.10 Infrastructure.
4.10.1 Infrastructure Capaci1y. Subject to Developer's installation of infrastructure
in accordance with the requirements of the Project Approvals, this Agreement, 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.
4.10.2 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 4.12 of this Agreement.
4.10.3 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 Campus 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.
4.10.4 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 must
pay prevailing wages for the construction of such improvements to the extent required by
Applicable Law.
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4.11 Term. The term of this Agreement is ten (10) years from the Effective Date (the
"Term "). 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 beyond any applicable period to cure provided
for by Section 12 below. 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 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.
4.12 Term of Map(s) and Other Project Approvals. Pursuant to California Government
Code § § 66452.6(a) and 65 863.9, 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 Campus and the term of each of the Project
Approvals will be extended for a period of time through the scheduled termination date of this
Agreement as set forth in Section 4.11 above, including any extensions thereto pursuant to Section
4.11 above.
4.13 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 the ESSCSP.
4.14 In Lieu Credits. The City must grant Developer in lieu credits, as appropriate, and
as specified herein and for those matters set forth on attached Exhibit "E," which is incorporated
by reference.
5. Developer Agreements.
5.1 General. Developer must comply, or cause compliance, 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.
5.2 Maintenance Obligations. Developer must maintain all portions of the Campus
visible from a public street and in its possession or control, including improvements thereon, in a
clean, neat and orderly manner. Developer's maintenance obligations survive any termination or
expiration of this Agreement.
5.3 Sales and Use Tax.
5.3.1 In the event the contract price for any work on the Project is valued at ten
million dollars ($10,000,000) 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
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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 Revenue and Taxation Code § 7051.3 or State Board of Equalization
Compliance Policy and Procedure Manual (Section 295.060).
5.3.2 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 ten million dollars ($10,000,000) or more, said contracts or subcontracts must contain
the provisions set forth in Section 5.3.1 above.
5.3.3 The Director of Finance of the City is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.3
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.
5.4 All new development must have buildings designed to be energy efficient, at least
fifteen percent (15 %) above the requirements set forth in California Code of Regulations Title 24
in effect at the time that building plans are submitted.
6. City 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 Campus. 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 Campus. City
must keep Developer fully informed with respect to its communications with such agencies which
could impact the development of the Campus. City must not take any actions to encourage any
other governmental or quasi - governmental entities from withholding any necessary approvals and
any such contrary actions on the part of the City must be considered a breach of this Agreement
by City.
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6.3 Processing During Third Party Liti ag tion. 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 Campus or the Project must 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 must not stipulate to or cooperate in the issuance
of any such order.
6.4 Reimbursement for City's Efforts on Behalf of Developer. To the extent that City,
on behalf of Developer, attempts to enter into binding agreements with other entities in order to
ensure the availability of certain permits and approvals or services necessary for development of
the Project as described in this Agreement, Developer must reimburse City for all costs and
expenses incurred in connection with seeking and entering into any such agreement. Any fees,
assessments or other amounts payable by City pursuant to any such agreement must be borne by
Developer except where Developer notified City in writing, before City entering into such
agreement, that it does not desire for City to execute such agreement.
6.5 City's Efforts to Defend and/or Enforce Multi Agency Agreements. Except as
limited by Section 19.1, Developer must defend and indemnify — the to the extent set forth in this
Agreement — City in any challenge by any person to any such agreement, and must reimburse
City for any costs and expenses incurred by City in enforcing any such agreement.
7. Traffic Improvements.
7.1 Nash Street.
7.1.1 At such time that the Nash Street connection is required under the terms of
the Agreement, Developer must build the Nash Street extension consistent with the General Plan
Secondary Arterial roadway classification and as shown on Vesting Map No. 71551.
7.1.2 The Nash Street extension must be completed before Phase II of Vesting
Map No. 71551 is recorded or a certificate of occupancy being issued for any new development
which would cause the Phase 1 Development trip cap of 89 a.m. peak hour, 225 p.m. peak hour
trips, or 3,775 daily trips to be exceeded.
7.1.3 Developer will receive in lieu credit against City's traffic impact fees for
the actual cost of construction of the Nash Street extension. Developer must submit appropriate
documentation to City to verify the construction costs.
7.1.4 When the Nash Street extension is complete, Developer must offer for
dedication the street and public improvements associated with the street to City (collectively,
"Nash Street Improvements ").
7.1.5 When City accepts the Nash Street extension and improvements,
Developer will not be responsible for maintenance of the public street improvements including,
without limitation, sidewalks, signs, roadways, street lights, and lighting fixtures. Public use of the
Nash Street extension is not permitted until City accepts such dedication.
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7.1.6 Developer agrees to cooperate with City in creating a landscaping and
lighting assessment district to cover only the maintenance costs of the landscape and lighting
portion of the Nash Street improvements and will not protest the formation of any such district.
The costs of the assessment engineer and other direct set -up costs of the assessment district will
be included in the assessment costs to be levied against the affected properties.
7.2 Continental Boulevard Public Access.
7.2.1 Developer must build the extension of the Continental Boulevard roadway
located on Parcel 25 consistent with the General Plan Secondary Arterial roadway classification
(as shown on Vesting Map No. 71551) before Phase II of Vesting Map No. 71551 is recorded. The
Developer must build the extension of the Continental Boulevard roadway located on Parcel 21
consistent with the General Plan Collector roadway classification (as shown on Vesting Map No.
71551) before Phase III of Vesting Map No. 71551 is recorded.
7.2.2 Continental Boulevard, and the extension thereof, must remain a private
roadway, except as specified in Sections 7.2.3 and 7.2.4 below. The private roadway may be
fenced, and /or guarded and /or gated.
7.2.3 If at any time buildings along Continental Boulevard are sold, leased, or
used by any third party (i) that is not an affiliate of Raytheon; or (ii) does not use or operate the
buildings in furtherance of Raytheon's business operations, Developer must provide a public
access easement to City for this street. For purposes of this section, an affiliate includes a
subsidiary or partner of Raytheon.
7.2.4 Notwithstanding Section 7.2.3, Developer may offer Continental Boulevard
to City for dedication. If City accepts Continental Boulevard and its improvements, Developer will
not be responsible for maintenance of the public street improvements including, without limitation,
sidewalks, signs, roadways, street lights, and lighting fixtures.
7.2.5 Developer agrees to cooperate with City in creating a landscaping and
lighting assessment district to cover only the maintenance costs of the landscape and lighting
portion of the Continental Boulevard improvements and will not protest the formation of any such
district. The costs of the assessment engineer and other direct set -up costs of the assessment district
will be included in the assessment costs to be levied against the affected properties.
7.2.6 Developer agrees to a 20 -year irrevocable offer of dedication to the City of
Parcel 26 of Vesting Map No. 71551. This dedication may be accepted by the City at such time
the City permits circulation through the adjacent golf course and that portion of Continental
Boulevard connecting Parcel 26 and El Segundo Boulevard is made accessible to the public.
7.3 El Segundo Boulevard Improvements,
7.3.1 Developer must complete the El Segundo Boulevard roadway
improvements consistent with the General Plan Major Arterial classification and as shown on
Vesting Map No. 71551, based on the following phasing criteria:
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7.3.1.1 If either Parcel 15 or 16 of Vesting Map No. 71551 is developed,
the required roadway improvements must be completed on the El Segundo Boulevard frontage of
both Parcels 15 and 16 before City issues a certificate of occupancy for any new building in that
area.
7.3.1.2 If Parcel 14 of Vesting Map No. 71551 is developed, the
required roadway improvements must be completed on the El Segundo Boulevard frontage of
Parcel 14 before City issues a certificate of occupancy for any new building in that area.
7.3.1.3 If Parcels 1, 2, 3, or 4 of Vesting Map No. 71551 are developed,
then the required roadway improvements must be completed on the El Segundo Boulevard
frontage for all parcels within the Specific Plan area with El Segundo Boulevard frontage before
City issues a certificate of occupancy for any new building in such areas.
7.3.2 Developer is responsible for all construction costs relating to the El Segundo
Boulevard roadway improvements, including the cost of roadway construction, retaining walls,
pole relocation and Class 1 bicycle path (see Section 7.4), except as specified below.
7.3.2.1 Notwithstanding the above, Developer is not responsible for
relocation of any infrastructure that is not directly on the El Segundo Boulevard frontage and
located within the Campus. The SCE towers at the corner of El Segundo and Sepulveda Boulevards
are specifically excluded from Developer's responsibility under this Section 7.3.2.
7.3.2.2 Developer is entitled to receive in lieu credit against City's
traffic impact fees for the actual cost of construction of the El Segundo Boulevard improvements.
Developer must submit documentation acceptable to City to verify the construction costs. No
credit will be given for the value of the land area required for the El Segundo Boulevard widening.
7.3.2.3. Developer's costs will be offset by any grants provided to City
for such improvements by any outside agency. City must use its best efforts to seek any and all
available grants.
7.3.3 As an alternative to construction, Developer may pay a portion of the
required traffic mitigation fees as a lump sum. This lump sum would cover the costs of El Segundo
Boulevard improvements located in the plan area within 275 feet east of the Sepulveda Boulevard
intersection. This area includes three (3) utility poles Developer has identified as having significant
relocation costs. This lump sum would be required before the first building permit for new
development in the Campus is issued. The amount of the lump sum will be based on a revised
estimate of the costs associated with improvements within the El Segundo Boulevard right -of -way
where Developer would like City to proceed with improvements instead of the Developer.
7.4 El Se iirido Boulevard Bic cle Path.
7.4.1 Developer must construct a Class 1 bicycle path on El Segundo Boulevard
during the same period in which the El Segundo Boulevard Improvements discussed in Section
7.3 above are installed, subject to the following:
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7.4.1.1 For lots with frontage on that portion of El Segundo Boulevard
located east of the future extension of Continental Boulevard and west of the future extension of
Nash Street, the bicycle path may be located within the required building setback areas as long as
a five foot distance is maintained between the bicycle path and any building or structure.
7.4.1.2 In order to facilitate the 4th travel lane under the Green -Line light
rail overpass, the El Segundo Boulevard bike path must be routed south of the overpass supports
and through the Metro Station area. An easement must be provided over Parcel 14 of Vesting Map
No. 71551 to allow this routing. No building setback modifications are required due to such
rerouting as long as a five foot distance between the bicycle path and any building is maintained.
7.4.1.3 Developer is not responsible for the cost of relocation any
infrastructure that is not directly on the El Segundo Boulevard frontage of the Campus, including
without limitation, the SCE tower at the corner of El Segundo and Sepulveda Boulevards.
7.4.2 Developer is entitled to receive in lieu credit against City's traffic impact
fees for the actual cost of construction of the El Segundo Boulevard bicycle path. Developer must
submit documentation acceptable to City to verify the construction costs. No credit will be given
for the value of the land area under the El Segundo Boulevard bike path.
7.4.3 Developer's costs will be offset by any grants provided to the City of El
Segundo by any outside agency relating to the construction of the bicycle path along El Segundo
Boulevard.
7.5 Nash Street Extension Bicycle Lane.
7.5.1 At such time as the Nash Street Extension must be completed pursuant to
Section 7.1.2 above, Developer must construct a Class II bicycle lane in each direction of the Nash
Street extension.
7.5.2 The Class II bicycle lane will be integrated into the Nash Street roadway.
7.5.3 Construction costs for the bicycle lane are considered to be part of the
overall Nash Street roadway extension and are Developer's responsibility.
7.5.4 The width of the Class II bicycle lanes are included within the overall Right
of Way width of the Nash Street Extension. This is illustrated in the Vesting Map No. 71551
exhibit entitled "Typical Section: Secondary Arterial Street." No additional public right -of -way
will be required for the bicycle lane.
7.6 Green Line Station.
7.6.1 Developer must pay $75,000 towards the construction of bicycle parking
facilities at or adjacent to the Metro Green Line El Segundo Station. The $75,000 payment must
be made before City issues a certificate of occupancy for any building included in Phase II.
Developer is entitled to receive in lieu credit against City's traffic impact fees for this payment.
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7.6.2 Developer must allow a pedestrian easement across one or a combination
of Parcels 13, 14 and /or 24 of Vesting Map No. 71551 to allow direct pedestrian access to the
Green Line station. The walkway must be completed before a certificate of occupancy is issued
for any building on Parcel 13 or 14. The walkway must be paved and compliant with ADA
requirements with a minimum width of five feet.
7.7 Coral Circle Connection. Developer agrees to provide City with a 20 -year
irrevocable offer of dedication of Parcels 20 and 22 of Vesting Map No. 71551. This dedication
may be accepted by City at such time City enters agreements with adjacent landowners located at
363 -365 Coral Circle and 401 Coral Circle to obtain public street access across their property for
a roadway to connect Nash Street to Coral Circle. The offer of dedication will allow for fee simple
ownership of Parcels 20 and 22 to be transferred to the owners of 363 -365 Coral Circle and 401
Coral Circle, and a public street dedication for a portion of the two parcels to the City for a roadway
consistent with the "Local Commercial Street" General Plan Circulation Element Street
Classification.
7.8 Traffic Fee In Lieu Credits. Except as otherwise specified herein, Developer will
be entitled to in lieu credits against the City's traffic impact fees for all required traffic mitigation
measures within the City of El Segundo's jurisdiction that are constructed or paid by Developer.
Developer is not entitled to any in lieu credits for mitigation measures outside of the City's
jurisdiction.
8. Utilities
8.1 City must maintain all City -owned public utilities located in public or private streets
within the Campus. Any utilities located on private property must be the responsibility of
Developer, or its successor in interest.
8.2 City is contemplating a capacity upgrade in the El Segundo sewer line.
8.2.1 Up to 2,142,457 gross square feet of development, the total amount of new
development allowed by the Specific Plan, must be able to access sewer service in the El Segundo
Boulevard sewer trunk line after completion of the sewer line upgrade provided that Developer
contributes twenty -five percent (25 %) up to a maximum amount of $375,000.00 toward
completion of the sewer upgrade.
8.2.2 Developer must make its contribution at the time the City awards the sewer
improvement project, but no later than December 31, 2018, for Developer to obtain access to the
El Segundo Boulevard sewer trunk line.
8.2.3 Upon payment, City must reserve a portion of the available capacity in the
existing fifteen inch (15 ") line up to a net increase of 30,212 gallons per day for Developer and
Developer is entitled to connect to the existing line through a temporary sewer connection.
Developer is entitled to make a permanent connection to the upgraded line once the sewer capacity
upgrade project is completed.
9. Recreational Access.
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9.1 The Specific Plan provides for 7.54 acres of land to be used for Open Space and
Recreational purposes. This land must remain private and only available to Raytheon employees.
However, should Developer sell more than twenty percent (20 %) of ESSCSP Campus Area (i.e.,
at least 28.44 acres), to a user other than Raytheon or a Raytheon affiliate, Developer must provide
non - Raytheon or Raytheon affiliated employees within the ESSCSP area with permanent access
to the 7.54 -acre recreational area within the Campus. The access must be formalized through
agreements between Raytheon and the purchaser(s) of the property.
9.2 Within 30 days of approval of a land transfer of the recreational /open space area to
an alternative parcel and before a building permit may be issued on Parcel 11, the Developer must
record a 20 -year irrevocable offer of dedication of the 7.54 acre recreational /open space area to
the City of El Segundo, in a form approved by the City Attorney, for future potential park purposes
if located on any of the lots (Parcels 1, 2, 3, 4, 7, 8, 13 or 14 of Vesting Map No. 71551) and
outside the Raytheon security fenced perimeter.
10. Payments after Approval.
10.1 Six Annual Pa m� The Developer must make one annual payment of $500,000
and five subsequent annual payments of $700,000 each to the City. Payments will start on March
31, 2016 and occur annually on March 31St, with the final payment due on March 31, 2021. These
payments will be deposited to the City's General Fund and may be used for any general purpose
identified by the City Council in its sole discretion. The total amount of the six payments is
$4,000,000.
10.2 Payment in Year 10. If the Nash Street extension, identified in Section 7. 1, is not
completed within 10 years of the effective date of the City Council Ordinance approving the
Specific Plan and related entitlements, then the Developer is required to make a $5,000,000
payment not later than the anniversary date that the Ordinance became effective (e.g., if the
Ordinance became effective December 1, 2015, then payment would be due not later than
December 2, 2025). This payment will be deposited to the City's General Fund and may be used
for any general purpose identified by the City Council in its sole discretion.
10.3 Building Permit Fee. Before building permits are issued for any new development
(not existing at time of project approval) in the project area, the Developer must pay a $0.50 per
gross square -foot fee. All revenue from this fee will be deposited to the City's General Fund and
may be used for any general purpose identified by the City Council in its sole discretion.
11. Uniform Codes and Standard Specifications
11.1 Nothing in this Agreement prevents City from applying Uniform Codes to the
Project provided that the provisions of any such Uniform Code:
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11.1.1 apply to the Project only to the extent that such code is in effect on a City
wide basis;
11.1.2 with respect to those portions of any such Uniform Code that have been
adopted by City without amendment, be interpreted and applied in a manner consistent with the
interpretation and application of such code pursuant to California Law.
11.2 Nothing in this Agreement prevents City from applying to the Project "standard
specifications" for public improvements (e.g., streets, storm drainage, parking lot standards,
driveway widths) as the same may be adopted or amended from time to time by City, provided
that the provisions of any such standards and specifications apply only to the extent they are in
effect on a Citywide basis and do not conflict with standards contained in the Specific Plan. As
they concern the Project or the Project Site, to the extent any City Law or other City ordinance,
regulation, standard, or specification conflicts with the Specific Plan, the Specific Plan controls
unless otherwise provided herein.
11.3 State and Federal Law. As provided in Government Code § 65869.5, in the event
that state or federal laws or regulations, enacted after the Vesting Date ( "Changes in the Law ")
prevent or preclude compliance with one or more provisions of this Agreement, such provisions
of the Agreement will be, by operation of law, modified or suspended, or performance thereof
delayed, as and to the extent necessary to comply with such Changes in the Law. In the event any
state or federal resources agency (i.e., California Department of Fish and Game, U.S. Fish and
Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control Board /State
Water Resources Control Board), in connection with its final issuance of a permit or certification
for all or a portion of the Project, imposes requirements ( "Permitting Requirements ") that require
modifications to the Project, then the parties will work together in good faith to incorporate such
changes into the Project; provided, however, that if Developer appeals or challenges any such
Permit Requirements, then the parties may defer such changes until the completion of such appeal
or challenge.
12. Demonstration of Good Faith Conipliancc
12.1 Review of Compliance. In accordance with Government Code § 65865.1, this
Section 12 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.
12.2 Good Faith Compliance. During each Periodic Review, Developer must
demonstrate that, during the preceding twelve (12) month period, that it has been in good faith
compliance with this Agreement. For purposes of this Agreement, the phrase "good faith
compliance" 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.
12.3 City Report - Information to be Provided to Developer. At least fourteen (14) days
before the annual anniversary of the Effective Date the City must deliver to Developer a copy of
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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 ( "City Report").
12.4 Developer's Report. No later than the annual anniversary of the Effective Date,
Developer must submit a written status report to the Director addressing the good faith compliance
issue and any issues raised by the City Report provided to Developer in accordance with Section
12.3 above.
12.5 Notice Of Non - Compliance; Cure Rights. 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 Campus, 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 14 below.
12.6 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
17, 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
13.4 below.
12.7 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 the City Report by the Effective Date, Developer will be deemed to be in good faith
compliance with this Agreement.
13. 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 Campus; (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.
14. Default Provisions.
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14.1 Default. Either 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 following receipt
of written notice from the non - breaching Party for monetary defaults, and not less than sixty (60)
days following receipt of written notice from the non - breaching Party 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 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. 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
14.4 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.
14.2 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
Campus involved, and the manner in which the breach may be satisfactorily cured. Notice must be
given in accordance with Section 23 hereof.
14.3 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 City or Developer are limited to injunctive relief and /or specific
performance.
14.4 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 (3 0) 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.
14.5 Attome s 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
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Agreement. The parties will each bear their own attorneys' fees and costs in the event of any
dispute.
15. Mortgagee Protection. This Agreement does not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Campus 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 Campus
must be entitled to the following rights and privileges:
15.1 Mortgap—e_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 Campus 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 Campus.
15.2 Request for Notice to MgAgamee. The Mortgagee of any mortgage or deed of trust
encumbering the Campus, 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.
15.3 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 sixty (60) 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 Campus, or any portion thereof, and such Mortgagee
seeks to obtain possession, such Mortgagee has until sixty (60) 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.
15.4 Cure Rights. Any Mortgagee who takes title to all of the Campus, 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 Campus 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 Campus 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 Campus, or portion thereof acquired by such Mortgagee, have
been satisfied.
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15.5 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 14.3
above will be extended for the period of the prohibition, except that any such extension cannot
extend the Term of this Agreement.
15.6 Disaffirmation. If this Agreement is terminated as to any portion of the Campus 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 Campus 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.
16. 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
must execute and return the certificate within thirty (30) 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 Campus in which that Developer has a legal interest.
17. Administration of Agreement.
17.1 Appeal of Determinations. Any decision by City staff concerning the interpretation
or administration of this Agreement or development of the Campus 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.
17.2 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 Term of this Agreement, City
and Developer agree that such clarifications are necessary or appropriate, they will effectuate such
clarification through a memoranda approved in writing by City and Developer (the "Operating
Memoranda "), which, after execution, will be attached hereto and become part of this Agreement
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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 18 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.
17.3 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.
18. 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.
19. Indemnification/Defense.
19.1 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, except to the extent such action is a result of the
City's sole negligence or intentional misconduct. For purposes of this Section "the City" includes
the City of El Segundo's elected officials, appointed officials, officers, and employees.
19.2 Defense of Agreement. If City accepts Developer's indemnification and defense as
provided in Section 19.1 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 19
will survive the termination of this Agreement.
20. Cooperation in the Event of Legal Challenge.
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20.1 Third Party Challenges. In the event of any administrative, legal or equitable action
or other proceeding instituted by any person or entity not a party to the Agreement challenging the
validity of any provision of this Agreement, challenging any Approval, or challenging the
sufficiency of any environmental review of either this Agreement or any Approval under CEQA
(each a "Third Party Challenge "), each party must cooperate in the defense of such Third Party
Challenge, in accordance with this Section. Developer agrees to pay City's costs of defending a
Third Party Challenge, including all court costs and reasonable attorney's fees expended by City
(including the time and cost of the City Attorney) in defense of any Third Party Challenge, as well
as the time of City's staff spent in connection with such defense. Developer may select its own
legal counsel to represent Developer's interests in any Third Party Challenge at Developer's sole
cost and expense. City agrees that it will not enter into a settlement agreement to any Third Party
Challenge without Developer's written consent. Developer's obligation to pay City's costs in the
defense of a Third Party Challenge does not extend to those costs incurred on appeal unless
otherwise authorized by Developer in writing.
20.2 Third Party Challenges Related to the Applicability City Laws. The provisions of
this Section will apply only in the event of a legal or equitable action or other proceeding, before
a court of competent jurisdiction, instituted by any person or entity not a party to the Agreement
challenging the applicability to the Project or Project Site of a conflicting City Law (a "Third Party
Enforcement Action "):
20.2.1 In the event of a Third Party Enforcement Action, City must (i) promptly notify
Developer of such action or proceeding, and (ii) stipulate to Developer's intervention as a party to
such action or proceeding unless Developer has already been named as a respondent or real party
in interest to such action or proceeding. In no event will City take any action that would frustrate,
hinder, or otherwise complicate Developer's efforts to intervene, join or otherwise participate as a
party to any Third Party Enforcement Action. As requested by Developer, City must use its best
efforts to ensure that Developer is permitted to intervene, join or otherwise participate as a party
to any Third Party Enforcement Action. If, for any reason, Developer is not permitted to intervene,
join or otherwise participate as a party to any Third Party Enforcement Action, the parties to this
Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such
action or proceeding. For purposes of this Section, the required cooperation between the parties
includes, without limitation, developing litigation strategies, preparing litigation briefs and other
related documents, conferring on all aspects of the litigation, developing settlement strategies, and,
to the extent permitted by law, jointly making significant decisions related to the relevant litigation,
throughout the course thereof.
20.2.2 City's costs of defending any Third Party Enforcement Action, including all
court costs, and reasonable attorney's fees expended by City (including the time and cost of the
City Attorney) in defense of any Third Party Enforcement Action, as well as the time of City's
staff spent in connection with such defense (the "Enforcement Action Defense Costs), will be paid
in accordance with this Agreement. Notwithstanding the forgoing, in no event will the
Enforcement Action Defense Costs extend to, nor will Developer or the Project be obligated to
pay, any costs incurred on appeal unless otherwise authorized by Developer in writing;
20.2.3 City must not enter into a settlement agreement or take any other action to
resolve any Third Party Enforcement Action without Developer's written consent. City cannot,
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without Developer's written consent, take any action that would frustrate, hinder or otherwise
prevent Developer's efforts to settle or otherwise resolve any Third Party Enforcement Action.
20.2.4 Provided that City complies with this Section and provided that Developer
is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any
final judgment (i.e., following all available appeals) arising out of a Third Party Enforcement
Action and further agrees that no default under this Agreement will arise if such final judgment
requires City to apply to the Project or Project Site a City Law that conflicts with Applicable Rules
or this Agreement.
21. Time of Essence. Time is of the essence for each provision of this Agreement of which
time is an element.
22. Effective Date. This Agreement becomes operative on the Effective Date.
23. 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 or
electronic delivery, 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
Phone: 310 524 -2301
Fax: 310 322 -7137
E -Mail: gcarpenter @elsegundo.org
With a Copy to: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Director of Planning and Building Safety
Phone: 310 524 -2346
Fax: 310 322 -4167
E -mail: slee @elsegundo.org
With a Copy to: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Planning Manager
Phone: 310 524 -2340
Fax: 310 322 -4167
Email: kchristensen @elsegundo.org
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With a Copy to: Hensley Law Group
2600 W. Olive Avenue, Suite 500
Burbank, California 91505
Attention: Mark D. Hensley, Esq.
Phone: 818/333 -5120
Fax: 818/333 -5121
E- Mail: mhensley @hensleylawgroup.com
If to Developer: Raytheon Company
2000 El Segundo Boulevard
Mail Station 5158
El Segundo, California 90245
Attention: Director of Facilities and Real Estate
Phone: 310/647 -8880
Fax: 310/647 -9348
E -Mail: scott _pozza @raytheon.com
With a Copy to: Raytheon Company
2000 El Segundo Boulevard
Mail Station S 175
El Segundo, California 90245
Attention: Senior Manager of Real Estate
Phone: 310/647 -2567
Fax: 310/647 -9348
E -Mail: aadwns 1 @raytheon.com
With a Copy to: Raytheon Company
870 Winter Street
Waltham, MA 02451
Attention: Real Estate Department
Phone: 781/522-3062
Fax: 781/522 -6465
Email: ferry a celkiccikD -aytheon.com
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 Campus pursuant to Sections
3.2 and 3.3, Developer must be copied on all correspondence whether by City or Transferee
relating to such transferred property.
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24. 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
25. Waiver. No waiver of any provision of this Agreement constitutes a waiver of any other
provision, whether or not similar; nor must 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.
26. Ambiguities or Uncertainties. The parties hereto have mutually negotiated the terms and
conditions of this Development Agreement and this has resulted in a product of the joint drafting
efforts of both parties. Neither party is solely or independently responsible for the preparation or
form of this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against
or in favor of either party.
27. Supersession of Subsequent Laws of Judicial. Action. The provisions of this Agreement
must, to the extent feasible, be modified or suspended as may be necessary to comply with any
new law or decision issued by a court of competent jurisdiction, enacted or made after the effective
date which prevents or precludes compliance with one or more provisions of this Agreement.
Immediately after enactment of any such new law, or issuance of such decision, the parties must
meet and confer in good faith to determine the feasibility of any such modification or suspension
based on the effect such modification or suspension would have on the purposes and intent of this
Agreement.
28. 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.
29. 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 must
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.
30. 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 must have any right of
action based upon any provision of this Agreement.
31. 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.
32. 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
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proceed to complete all steps necessary for the implementation of this Agreement and development
of the Project or Campus in accordance with the terms of this Agreement.
33. 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.
34. Governing Law and Venue. This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California govern its interpretation
and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement must
be filed in the appropriate court having jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple counterparts, each of which
must be deemed an original, but all of which constitute one and the same instrument.
36. Weokend/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, including the entire day on Good Friday, the date for such
determination or action must be extended to the first business day immediately thereafter.
37. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein
contained is a gift or dedication of the Campus, 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 Campus, 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 Campus
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 Campus that would deprive the Developer of the material
benefits of this Agreement, or would in any manner interfere with the development of the Project
as contemplated by this Agreement.
38. 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.
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39. 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.
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development
Agreement on the date first above written.
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
C
CITY:
CITY OF EL SEGUNDO, a municipal corporation
L'In
Mayor
Karl H. Berger, Assistant City Attorney
DEVELOPER:
RAYTHEON COMPANY
Its:
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EXHIBIT A
CAMPUS DESCRIPTION
THAT PORTION OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO
SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO. 11629, SUPERIOR COURT OF SAID
COUNTY ON JUNE 21, 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A
COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID
COUNTY AS CLERK'S FILED MAP NO. 218, BOUNDED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SECTION 18; BOUNDED ON THE
EAST BY THE WESTERLY LINE AND THE NORTHERLY PROLONGATION THEREOF OF
TRACT NO. 26556, AS SHOWN ON MAP RECORDED IN BOOK 675 PAGES 93 TO 94 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED ON THE
SOUTHEAST BY THE NORTHWESTERLY LINE OF THE 80 FOOT STRIP OF LAND DESCRIBED
IN THE DEED TO PACIFIC ELECTRIC RAILWAY CO., RECORDED MAY 27, 1913 AS
INSTRUMENT NO. 210 IN BOOK 5750 PAGE 43 OF DEEDS, RECORDS OF SAID COUNTY AND
BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY LINE OF THE LAND DESCRIBED
AS PARCEL 2 IN THE DEED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED
MARCH 6, 1930 AS INSTRUMENT NO. 535 IN BOOK 9840 PAGE 33, OFFICIAL RECORDS OF
SAID COUNTY.
EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL
RESOURCES AS DEFINED IN SECTION 6903 OF THE CALIFORNIA PUBLIC RESOURCES CODE
AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM THE PROPERTY BELOW A DEPTH OF FIVE
HUNDRED (500) FEET, AS RESERVED BY DEED EXECUTED BY CHEVRON U.S.A. INC., A
CORPORATION, RECORDED ON NOVEMBER 28, 1978 AS INSTRUMENT NO. 78- 1317577,
WHICH ALSO RECITES, "PROVIDED, HOWEVER, THAT ALL RIGHTS AND INTEREST IN THE
SURFACE OF THE PROPERTY AND THE LAND MASS OF THE PROPERTY TO A DEPTH OF FIVE
HUNDRED (500) FEET ARE HEREBY CONVEYED TO GRANTEE, NO RIGHT OR INTEREST OF
ANY KIND THEREIN, EXPRESS OR IMPLIED, BEING EXCEPTED OR RESERVED TO GRANTOR
EXCEPT AS HEREINAFTER EXPRESSLY SET FORTH."
ASSESSOR'S PARCEL NOs. 4138 - 014 -047 AND 4138 - 014 -013
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EXHIBIT B
EXISTING DEVELOPMENT
Building
Use
Net Square Footage
1,055,479
E -1
Office, Lab /R &D, Warehouse
E -2
Office, Lab /R &D, Warehouse
41,518
E -3
Office, Lab /R &D, Warehouse
35,137
E -4
Office, Lab /R &D, Warehouse
642,871
E -5
Office, Lab /R &D, Warehouse
24,865
E -6
Office
2,261
E -7
Office, Lab /R &D, Warehouse
54,924
E -20
Storage
7,076
E -21
Office, Warehouse
4,500
E -23
Restrooms
2,330
E -24
Recreation
1,530
Rain Shelter
Rain Shelter
2,100
1,874,591
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EXHIBIT C
Recording Requested By and
When Recorded Mail To:
Raytheon Company
[address and attention]
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement ") is made and
entered into by and between Raytheon Company, ( "Assignor "), and
, a— ( "Assignee ").
RECITALS
A. The City of El Segundo ( "City ") and Assignor entered into that certain
Development Agreement dated , 2015 (the "Development Agreement "), with
respect to the real property located in the City of El Segundo, State of California more
particularly described in Exhibit "A" attached hereto (the "Project Site "), and
B. Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of
_ for the Project Site (collectively, the "Project Approvals ").
C. Assignor intends to sell, and Assignee intends to purchase that portion, of the
Project Site more particularly described in Exhibit `B" attached hereto (the "Transferred
Property ").
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Transferred Property. Assignee desires to accept such assignment
from Assignor and assume the obligations of Assignor under the Development Agreement and
the Project Approvals with respect to the Transferred Property.
THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's
right, title, and interest in and to the Development Agreement and the Project Approvals with
respect to the Transferred Property. Assignee hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill
all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled
by Assignor under the Development Agreement and the Project Approvals with respect to the
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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257
3. Effective Date. The execution by City of the attached receipt for this Agreement
must be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement must be effective upon its recordation in the
Official Records of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Transferred Property.
4. Remainder of Project. Any and all rights or obligations pertaining to such portion
of the Project Site other than the Transferred Property are expressly excluded from the
assignment and assumption provided in Sections 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth next to their signatures below.
"ASSIGNOR"
RAYTHEON COMPANY
Date: By:
Its:
Date:
By:
Its:
"ASSIGNEE"
a
By:
Its:
C -2
258
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
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 1
(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.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
C -3
259
WITNESS my hand and official seal.
Signature
C -4
(Seal)
.1�
EXHIBIT D
PROJECT MILESTONES AND THRESHOLDS
Project Item
Threshold or Milestone
Required Action
6 annual payments. First
First annual payment is due
Total payment of $4,000,000
payment of $500,000 and five
on March 31, 2016. The
over six years payable in six
subsequent payments of
final payment is due on
annual payments.
$700,000 each. All payments
March 31, 2021.
to the City's General Fund.
Payment of $5,000,000 to the
If the Nash Street Roadway
Total payment of $5,000,000
City's General Fund ten years
Extension is not completed
payable in its entirety 10 years
after project approval.
within 10 years of the
after project approval.
effective date of the City
Council ordinance
approving the ESSCSP, then
a $4,000,000 payment is due
10 years after project
approval.
$0.50 per gross square foot
The $0.50 per gross square-
Payment of 0.50 per gross
fee for all new development
foot fee is required before
square foot fee to the City's
(floor area not existing on the
issuance of City building
General Fund before issuance
site on the project approval
permits for any new floor
of building permits.
date ) is required.
area on the project site.
Intersection Improvements-
Before Certificate of
Proof of Payment of all
Mitigation Measures TRA -1
Occupancy is issued for any
applicable fair share
through TRA -9
building in ESSCP Phase II
mitigation fees must be
(buildings in project area
provided to the Director of
adding trips in excess of
Planning and Building Safety
Phase I Peak Period Trip cap
and Director of Public Works.
of 225 trips)
Nash Street Roadway
Before Certificate of
Completion of street and all
Extension, including Class II
Occupancy is issued for any
associated public
bicycle lane
building in ESSCP Phase II
improvements.
(buildings in project area
adding trips in excess of
Dedication of the Nash Street
Phase I Peak Period Trip cap
Improvements to the City.
of 225 trips)
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Continental Boulevard
Before any building located
Developer must provide a
Extension
along Continental Boulevard
dedication or public access
is sold, leased, or used by
easement to City for
any third party not an
Continental Boulevard.
affiliate of Raytheon.
Parcel 26
Within 30 days of the
20 -year irrevocable offer to
effective date of the City
Dedicate
Council ordinance
approving the ESSCSP.
Parcels 20 and 22
Within 30 days of the
20 -year irrevocable offer to
effective date of the City
dedicate
Council ordinance
approving the ESSCSP.
El Segundo Boulevard
Before a certificate of
Required roadway
Improvements, including
occupancy is issued for any
improvements must be
Class I bicycle path
building on Parcel 15 or 16
completed on the El Segundo
of Vesting Map No. 71551.
Boulevard frontage of Parcels
15 and 16
El Segundo Boulevard
Before a certificate of
Required roadway
Improvements, including
occupancy is issued for any
improvements must be
Class I bicycle path
building on Parcel 14 of
completed on the El Segundo
Vesting Map No. 71551.
Boulevard frontage of Parcel
14
El Segundo Boulevard
Before a certificate of
Required roadway
Improvements, including
occupancy is issued for any
improvements must be
Class I bicycle path
building on Parcels 1, 2, 3 or
completed on the El Segundo
4 of Vesting Map No.
Boulevard frontage for all
71551.
parcels within the Specific
Plan area with El Segundo
Before Certificate of
Boulevard frontage.
Green Line Station Bicycle
Confirmation that the $75,000
Parking Facilities contribution
Occupancy is issued for any
contribution has been
building in ESSCP Phase II
transferred to either the City
(buildings in project area
or LACMTA.
adding trips in excess of
Phase I Peak Period Trip cap
of 89 a.m or 225 pm trips or
3775 daily trips).
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Green Line Station Pedestrian
Before Certificate of
Complete construction of a
Easement
Occupancy is issued for any
paved walkway at least five
building on Parcel 13 or 14
feet in width and compliant
of Vesting Map No. 71551.
with ADA requirements.
El Segundo Boulevard City
Before December 31, 2018
Contribute 20% of the cost of
sewer trunk line access for
the El Segundo sewer trunk
new development in the
line up -grade up to a
ESSCSP area.
maximum of $375,000.
Access must be provided to
Non - Raytheon employee
If 28.44 acres of the Specific
access to 7.54 acre
Plan area is sold to user that
the recreational area for all
Recreational Area.
is not Raytheon or a
persons employed within the
Raytheon affiliated
Specific Plan area. Access
company.
must be formalized through
agreements between Raytheon
and owners of land within the
If the 7.54 acre recreational
Specific Plan area.
Transfer of 7.54 recreational
Raytheon Company must
area to the City for use as a
area is located outside of the
record a 20 year offer of
public park.
Raytheon facility's secured
dedication for future potential
perimeter (south or east of
park purposes if the recreation
the Nash Street Extension or
area is located on Parcels 1, 2,
west of Continental
3, 4, 7, or 8 of Vesting Map
Boulevard).
No. 71551.
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EXHIBIT E
FEE/IN -LIEU CREDITS
Project Item
Construction Cost of the Nash Street
Extension and Associated Improvements
El Segundo Boulevard Improvements,
including Class I bicycle path
Intersection Improvements within the City
of El Segundo
Environmental Impact Report Mitigation
Measures TRA -1 to TRA -5
Bicycle Parking Facilities for the Metro
Green Line El Segundo Station
Credit
Traffic Impact Mitigation Fee credit for
the actual cost of construction.
Appropriate documentation verifying costs
must be provided and accepted by the City.
Traffic Impact Mitigation Fee credit for
the actual cost of construction.
Appropriate documentation verifying costs
must be provided and accepted, by the City.
Traffic Impact Mitigation Fee credit for
the required fair share fee paid to the City
of El Segundo.
$ 75,000 payment may be credited against
Traffic Impact Mitigation Fee.
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EXHIBIT 2d
CITY COUNCIL RESOLUTION NO. EXHIBIT A
CITY COUNCIL ORDINANCE NO. EXHIBIT D
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), the
Raytheon Company, agrees to comply with the following provisions as conditions for the
City of El Segundo's approval of Environmental Impact Report for Environmental
Assessment No. EA -905, General Plan Amendment and General Plan Map Amendment
No. GPA 11 -01, Specific Plan No. SP 11 -01, Zone Change and Zoning Map Amendment
No. ZC 11 -01, Zone Text Amendment No. ZTA 11 -01, Development Agreement No. DA
11 -02, and Subdivision No. SUB 11 -02 for Vesting Tentative Map (VTM) No. 71551
( "Project Conditions ").
Planning and Building Safety Department
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.
2. The applicant must comply with all mitigation measures identified in
the Final Environmental Impact Report prepared for the Project. A
Mitigation Monitoring and Reporting Program (MMRP) was prepared
as part of the environmental review for the project and is attached as
Exhibit "F" to this Resolution. The mitigation measures of the MMRP
are incorporated into these conditions of approval by reference. All
mitigation measures and conditions of approval must be listed on the
plans submitted for plan check and the plans for which a building
permit is issued.
3. Before the City issues building permits located on sites within the
ESSCSP, the applicant must submit site specific landscape and
irrigation plans to the Planning and Building Safety Department and
the Parks and Recreation Department for review and 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 landscaping and irrigation must be
completely installed before the City issues a final Certificate of
Occupancy.
4. The applicant must build the Nash Street roadway extension and
associated public improvements in accordance with Section 7.1 of
the Development Agreement. The design and construction of the
Nash Street roadway extension is subject to review and approval by
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the Director of Public Works and Director of Planning and Building
Safety.
5. The applicant must cooperate with the City in creation of a
landscaping and lighting assessment district for the Nash Street
Extension in accordance with Section 7.1.6 of the Development
Agreement.
6. The applicant must build the Continental Boulevard Roadway
Extension in accordance with the El Segundo South Campus
Specific Plan and Section 7.2 of the Development Agreement.
7. The applicant must cooperate with the City in creation of a
landscaping and lighting assessment district for the Continental
Boulevard Extension in accordance with Section 7.2.5 of the
Development Agreement if a dedication of the Continental Boulevard
roadway extension and associated improvements is accepted by the
City.
8. The applicant must record a 20 -year irrevocable offer of dedication
of Parcel 26 of Tentative Vesting Map No. 71551 in accordance with
the El Segundo South Campus Specific Plan and Section 7.2.6 of
the Development Agreement. Before recordation, the irrevocable
offer to dedicate must be reviewed and approved by the Director of
Planning and Building Safety, the Director of Public Works and the
City Attorney.
9. The applicant must complete the El Segundo Boulevard roadway
and associated right -of -way improvements in accordance with
Section 7.3 of the Development Agreement. The design and
construction of the El Segundo roadway and associated
improvements is subject to review and approval by the Director of
Public Works and Director of Planning and Building Safety.
10. The applicant must construct a Class I bicycle path on El Segundo
Boulevard in accordance with the El Segundo South Campus
Specific Plan and Section 7.4 of the Development Agreement.
11. The applicant must construct Class II bicycle lanes in the Nash Street
Extension in accordance with the El Segundo South Campus
Specific Plan and Section 7.5 of the Development Agreement.
12. The applicant must pay $75,000 towards the construction of bicycle
parking facilities at or adjacent to the Metro Green Line El Segundo
Station in accordance with Section 7.6.1 of the Development
Agreement.
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13. The applicant must allow a pedestrian easement across one or a
combination of Parcels 13, 14 and /or 24 of Vesting Map No. 71551
to allow direct pedestrian access to the Metro Green Line Light Rail
Station in accordance with the El Segundo South Campus Specific
Plan and Section 7.6.1 of the Development Agreement. Before
recordation, the pedestrian easement must be reviewed and
approved by the Director of Planning and Building Safety, the
Director of Public Works and the City Attorney.
14. The applicant must record a 20 -year irrevocable offer of dedication
of Parcels 20 and 22 of Vesting Map No. 71551 in accordance with
the El Segundo South Campus Specific Plan and Section 7.7 of the
Development Agreement. Before recordation, the irrevocable offer to
dedicate must be reviewed and approved by the Director of Planning
and Building Safety, the Director of Public Works and the City
Attorney.
15. To obtain access to sewer service in El Segundo Boulevard a 25%
payment by the applicant towards the cost of a sewer line capacity
upgrade, up to $375,000, in accordance with Section 8.2 of the
Development Agreement is required not later than December 31,
2018.
16. If the applicant sells more that 20% of the ESSCSP campus area
(28.44 acres) to a user other than Raytheon or a Raytheon affiliate,
then all employees within the ESSCSP area must be provided
access to the 7.54 acre Open Space and Recreational area in
accordance with Section 9 of the Development Agreement.
17, The applicant must record a 20 -year irrevocable offer of dedication
of the 7.54 acre recreation /open space area to the City of El
Segundo, in a form approved by the City Attorney, for future potential
park purposes in accordance with the Development Agreement if
located on any of the lots (Parcels 1, 2, 3, 4, 7, 8, 13 or 14 of Vesting
Map No. 71551) outside the Raytheon security fenced perimeter.
18. The applicant must make one annual $500,000 payment and five
subsequent annual $700,000 payments to the City as identified in
Section 10 of the Development Agreement. Six annual payments are
required starting on March 31, 2016 and ending on March 31, 2021.
If the Nash Street roadway extension improvements are not
completed within 10 years of the effective date of the City Council
ordinance approving this project, an additional $5,000,000 payment
to the City is required.
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% A $.50 per square foot fee for all new development on the site is
required. All revenue from this fee will be deposited to the City's
General Fund.
20. The applicant is required to obtain any necessary approvals from the
Los Angeles County Metropolitan Transportation Authority (Metro)
for any work that involves encroachment onto Metro easement areas
or right -of -ways. These approvals may include, without limitation,
pedestrian, bicycle and roadway easements and temporary right -of-
entry agreements.
21. The applicant is required to submit building and engineering plans to
Metro for any project site located within 100 feet of the Metro station
or rail easement. Clearance of these plans from Metro is required
before the City can issue a building permit. Metro requires an
Engineering Review Fee for evaluation of any impacts based on
adjacency and relationship of proposed new structures to the Metro
existing structures.
22. The applicant is required to obtain a Metro Special Operation Permit
for use of a pile driver or any other equipment in close proximity to a
Metro aerial railway support structure at least one week before
starting construction.
23. If required by Metro, the applicant must obtain a track allocation
permit for any work within ten feet of a Metro aerial railway support
structure. Permits allowing for single tracking or a power shutdown
must be obtained from Metro at least two weeks before the start of
construction.
24. The applicant must allow Metro representatives access to monitor
any construction activity to ascertain if construction activity will have
any impacts on Metro Right -of -Way.
25. Wayfinding signage to the Metro Green Line Station and other
transportation facilities must be provided at appropriate locations
within the Specific Plan area. These signs must be consistent with
applicable Metro guidelines for wayfinding signage. The Director of
Planning and Building Safety and the Director of Public Works must
review and approve the location and appearance of wayfinding
signs.
26. Before the City issues a certificate of occupancy for any new building
within the ESSCSP, the applicant must contact Metro about
employer transit pass programs. The applicant must provide
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verification of this contact to the Director of Planning and Building
Safety.
27. Projects located within the ESSCSP must comply with the City's
Transportation Demand Management (TDM) regulations (ESMC
§ §15 -17 -1, et seq.). Evaluation for compliance with the City's TDM
regulations for specific projects will occur as part of the Site Plan
Review process identified in ESSCSP § VII.D.
28. The applicant must contact the County Sanitation Districts of Los
Angeles County Industrial Waste Section and receive a
determination as to the necessity of a permit for industrial waste
discharge before City approval of a Site Plan Review for any project
within the ESSCSP.
29. A Study Application Package for a second customer dedicated
substation must be submitted to Southern California Edison before
City approval of a Site Plan Review for any project that would require
electrical service from a second substation within the ESSCSP area.
30. The applicant must submit six sets of project plans depicting the El
Segundo roadway widening and intersection improvements for
Southern California Edison review and approval before City approval
of building permits for a building identified as part of Phase II in the
EIR.
31. Trash and recycling enclosures must be provided and shown on site
plans 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 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.
32. A qualified cultural resources monitor must be present during
earthmoving construction activities. The requirements and
procedures set forth in Public Resources Code §§ 5097, et seq.,
must be implemented if human remains are discovered during site
excavation.
33. Ground level mechanical equipment, refuse collectors, storage
tanks, generators, and other similar facilities must be screened from
view consistent with the development standards and design
guidelines contained in the El Segundo South Campus Specific Plan.
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34. Exterior lighting must be designed to minimize off -site glare.
35. Buildings must be designed to comply with all ESMC standards for
the attenuation of interior noise.
36. At the time of plan check submittal for the first project within the
ESSCSP area the applicant must submit funds to cover reasonable
first year costs, including City consultant costs, of monitoring all
conditions of approval and mitigation measures adopted in the
MMRP. Annually thereafter, the applicant is required to replenish
funds sufficient to cover the reasonable costs, including City
consultants' costs for each year. The Director of Planning and
Building Safety, at the Director's discretion, may retain a consultant
to coordinate and monitor compliance.
37. Before the City issues a grading permit, building permit, or certificate
of occupancy, as applicable, the applicant must provide evidence to
the Director of Planning and Building Safety that all mitigation
measures in the MMRP are or will be implemented.
38. A Landscape Master Plan for the ESSCSP must submitted to the
City before it approves the first Site Plan Review within the Specific
Plan area. This Landscape Master Plan is subject to review and
approval by the Director of Planning and Building Safety.
39. An overall Master Sign Program for the ESSCSP must be submitted
to the City before it approves the first Site Plan Review within the
Specific Plan area. This Master Sign Program is subject to review
and approval by the Director of Planning and Building Safety.
40. A Trip Budget tracking system, based on the criteria contained in
Appendix A of the El Segundo South Campus Specific Plan, must be
developed and approved by the Director of Planning and Building
Safety. An update of the Trip Budget tracking system is required to
be submitted with every Site Plan Review and Plan Check for
projects located within the ESSCSP area.
41. The Project Trip Ceiling for the project is the maximum number of
vehicle trips permitted for the project. The Project Trip Ceiling for new
development within the ESSCSP area consists of:
• 3,042 AM Peak Hour Trips (2,634 In and 408 Out)
* 3,120 PM Peak Hour Trips (631 In and 2,489 Out)
0 26,585 Total Daily Trips
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42. Before the City issues a building permit for the first building located
within any Phase identified in the EIR, a reclaimed water facility plan
must be submitted for review and approval by the Director of
Planning and Building Safety and the Director of Public Works.
43. The project must meet all design criteria of the Specific Plan to the
satisfaction of the Director of Planning and Building Safety.
Buildina Division Conditions
44. Before the City issues building permits, 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.
45. Before the City issues grading permits, the applicant must submit a
soils report to the Planning and Building Safety Department for
review and approval.
46. Before the City issues building permits, plans must show compliance
with the version of the California Building Code, as adopted by the
ESMC, in effect at the time of building permit application.
47. Before the City issues grading or building permit for any project within
the Specific Plan area, the applicant must provide evidence to the
reasonable satisfaction of the Director of Planning and Building
Safety that all applicable permits from other agencies are obtained
including, without limitation, the California Department of
Transportation, Regional Water Quality Control Board (Los Angeles
Region), South Coast Air Quality Management District, and Los
Angeles County Department of Public Works.
Fire Department Conditions
48. The project must comply with all applicable requirements in the
California Fire Code and the International Fire Code, as adopted by
the ESMC, and El Segundo Fire Department regulations, in effect at
the time of building permit application.
49. Before the City issues a building
Fire /Life Safety Plan to the Fire
safety precautions during demc
site access during construction,
fire hydrant locations and any
system and fire alarm systems.
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permit, the applicant must submit a
Chief (or designee) identifying fire
lition and construction, emergency
permanent fire department access,
existing or proposed fire sprinkler
271
50. The applicant must provide a fire apparatus access roadway around
the west and north side of Raytheon Building E -1 (2000 East El
Segundo Boulevard) and the west side of Raytheon Buildings E -2
(2002 East El Segundo Boulevard) and E -3 (2004 East El Segundo
Boulevard). The fire apparatus access roadway must meet
requirements in the adopted California Fire Code and El Segundo
Fire Department Fire Prevention Regulation A -1 -a.
51. Private fire main systems for each new building or parcel must be
from an independent public water supply. There can be no sharing
of private fire main systems between parcels.
52. The applicant must provide an automatic fire sprinkler system
throughout each building, installed in accordance with California Fire
Code Chapter 9 and the currently adopted edition of NFPA 13, both
as adopted by the ESMC.
53. The applicant must provide the following conditions for any fire
features as part of this project: A) A barrier must be provided around
the fire feature to prevent accidental access into the fire feature; B)
The distance between the fire feature and combustible material and
furnishing must meet the fire feature's listing and manufacturer's
requirements; and C) If the feature's protective barrier exceeds
ambient temperatures, all exit paths and occupant seating must be a
minimum 36 inches from the fire feature.
54. Each building needs to be identified as a separate street address for
emergency response purposes.
55. The project must provide on -site collection and dispersion
(infiltration) of non - stormwater discharges from testing and
maintenance of water -based fire protection systems (fire sprinklers
and private fire main systems) and other non- stormwater discharges.
56. Any diesel - powered generators must be approved by the Fire
Department, Environmental Safety Division, and provide for
secondary containment, placarding, spill detection and prevention.
Underground tanks require additional environmental monitoring
requirements.
57. The applicant must provide the Environmental Safety Division of the
El Segundo Fire Department an inventory of any and all chemicals
used in facilities that exceeds 55 gallons, 500 pounds or 200 cubic
feet.
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58. The applicant, or designee, must contact Underground Service Alert
before digging or excavating.
59. Restaurant and industrial activities must have segregated
wastewater systems to ensure pre- treatment devices are adequately
protected.
Public Works Department Conditions
60. All onsite utilities including, without limitation, water, electricity, gas,
sewer and storm drains, must be installed underground. Contact
Southern California Edison for required service and underground
requirements.
61. The applicant must secure any required encroachment permits from
the Public Works Department before commencing any work in the
public right -of -way.
62. The project must comply with the latest National Pollution Discharge
Elimination System (NPDES) requirements and provide Best
Management Practices (BMPs) for sediment control, construction
material control and erosion control.
63. Before the City issues a building permit, the location and sizes of all
proposed water meters must be approved by the City's Water
Division.
64. Acceptable water service connection points for future construction in
the ESSCSP area is subject to review and approval by the Director
of Public Works.
65. The location of existing water service lateral connection points in the
ESSCSP area as well as existing and proposed fire hydrant
connections area subject to review and approval by the Director of
Public Works.
66. City water mains cannot be located on private property. The
applicant must provide a main meter in the public right -of -way.
67. Wastewater facilities cannot have structures built over them.
68. Wastewater facilities cannot be designed with curves; they must be
straight lines from manhole to manhole. If deviations are needed,
they must be made at manholes.
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69. 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 the Public Works Director, or designee:
• The design must follow the criteria contained in the most
recent additions of both the Los Angeles County Department
of Public Works Hydrology Manual and Standard Urban
Storm Water Mitigation Plan. Flows must remain in their
historical drainage pattern so as not to impact neighboring
properties.
• New development cannot 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.
70. Construction related parking must be provided on -site.
71. All record drawings (as -built drawings) and supporting
documentation must be submitted to the Public Works Department
before scheduling the project's final inspection.
Police Department Conditions
72. Before the City issues a building permit within the ESSCSP, the
applicant must submit photometric light studies for Police Chief or
designee 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.
73. A schematic plan of the security camera systems for new structures
must be submitted for Police Chief or designee review and approval
before the City issues a building permit, and must be included as a
page in the stamped approved set of plans.
74. Lighting devices must be enclosed and protected by weather and
vandal resistant covers.
75. The location and design of crosswalks are subject to Police Chief or
designee review and approval review and approval.
76. The location and design of future bicycle racks and bicycle parking
areas are subject to Police Chief or designee review and approval.
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77. The Police Chief or designee will review new buildings and tenant
improvements within buildings during the plan check process.
Interior and exterior improvements are subject to Police Chief or
designee review and approval. Items subject to review include, but
are not limited to, doors and hardware, roll -up doors, stairwells,
exterior mounted ladders and trash dumpsters.
78. 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 illuminated during hours of darkness. Addressing
must also be shown on plan elevations.
79. All landscaping must be low profile around perimeter fencing,
windows, doors and entryways so as not to limit visibility or provide
climbing access. Dense bushes cannot be clumped together in a
manner that provides easy concealment.
Construction Conditions
80. Before any construction occurs within the plan area, the perimeter of
the development site 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 Director, or designee, to prevent dust
from leaving the site.
81. Public sidewalks must remain open at all times.
82. All haul trucks hauling soil, sand, and other loose materials must
either be covered or maintain two feet of freeboard.
83. Construction vehicles cannot use any route except the City's
designated Truck Routes.
84. The applicant must develop and implement a construction
management plan for any project located within the Specific Plan
area. The construction management plan is subject to Director of
Planning and Building Safety and Director of Public Work review and
approval. The plan must include measures recommended by
SCAQMD Rules 402 and 403.
85. 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.
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Impact Fee Conditions
86. 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 City Council Resolution No. 4687.
87. 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 City Council Resolution No. 4687.
88. Pursuant to ESMC §§ 15- 27A -1, et seq., and before building permits
are issued, the applicant must pay a one -time park services
mitigation fee in accordance with City Council Resolution No. 4687.
89. Before building permits are issued, the applicant must pay the
required sewer connection fees (as specified in ESMC Title 12 -3).
90. Pursuant to ESMC §§ 15- 27A -1, et seq., and before the City issues
a certificate of occupancy for buildings within the Specific Plan, the
applicant must pay a one time traffic mitigation fee in accordance
with City Council Resolution No. 4443.
91. Permittee agrees to pay City any development impact fees ( "DIFs ")
that may be applicable to the Project. Permittee takes notice
pursuant to Government Code § 66020(d) that City is imposing the
DIFs upon the Project in accordance with the Mitigation Fee Act
(Government Code § 66000, et seq.). The permittee is informed that
it may protest DIFs in accordance with Government Code § 66020.
92. All required fees, adopted by agencies with jurisdiction over
intersections and roadways affected by this Project and identified in
the MMRP adopted for this project, must be calculated and collected
by affected agencies before Certificates of Occupancy are issued for
any building identified as part of Phase II in the EIR. Proof of fee
payment must be provided to the Director of Planning and Building
Safety.
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
districts(s).
Miscellaneous
94. Unless otherwise provided by the Development Agreement, the
vesting tentative map will expire pursuant to Government Code §
66452.6 and ESMC § 14 -1 -12.
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95, The Raytheon Company, agrees to indemnify and hold the City
harmless from and against any claim, action, damages, costs
(including, without limitation, attorney's fees), injuries, or liability,
arising from the City's approval of Environmental Assessment No.
EA -905, General Plan Amend ment/GeneraI Plan Map Amendment
No. GPA 11 -01, Specific Plan No. SP 11 -01, Zone Change and
Zoning Map Amendment No. ZC 11 -02, Zone Text Amendment No.
ZTA 11 -01, Development Agreement No. DA 11 -02, and Subdivision
No. 11 -02 (VTM No. 71551). 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. EA -905, General Plan
Amendment/General Plan Map Amendment No. GPA 11 -01,
Specific Plan No. SP 11 -01, Zone Change and Zoning Map
Amendment No. ZC 11 -02, Zone Text Amendment No. ZTA 11 -01,
Development Agreement No. DA 11 -02, and Subdivision No. 11 -02
(VTM No. 71551), the Raytheon Company, 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, Scott Pozza, on behalf of the Raytheon Company, certifies that
they have read, understood, and agree to the Project Conditions listed in this document.
Scott Pozza
Director - Facilities and Real Estate
Space and Airborne Systems
The Raytheon Company, a Delaware Corporation
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \901 - 925 \EA - 905 \City Council \EA -
905.CC reso.doc
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277
EXHIBIT 3
STRIKETHROUGH /UNDERLINE VERSION OF
REVISED DEVELOPMENT AGREEMENT
EXHIBIT 3
278
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND
RAYTHEON COMPANY
2000 El Segundo Boulevard
El Segundo, California 90245
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE § 65868.5
279
TABLE OF CONTENTS
Page
1. Definitions ................................................................................................... ..............................1
2. Recitals ......................................................................................................... ..............................3
3. Binding Effect ............................................................................................. ..............................4
3.1 Constructive Notice and Acceptance ........................................ ..............................4
3.2 Rights to Transfer ...................................................................... ..............................4
3.3 Liabilities Upon Transfer ........................................................... ..............................4
3.4 Reassumption of
Rights.................................................................. ............................... 5
4. Development of the Campus ........................................................................ ..............................5
4.1 Entitlement to Develop .............................................................. ..............................5
4.2 Permitted Uses, Density, Height and Dedication of Land for Public Purposes ....... 5
4.3 Development Standards ............................................................. ..............................5
4.4 Building Regulations ................................................................ ..............................5
4.5 Subsequent Rules ...................................................................... ..............................5
4.6 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications 5
4.7 Use of Easements ....................................................................... ..............................6
4.8 Timing of Development ............................................................. ..............................6
4.9 Moratorium ................................................................................ ..............................7
4.10 Infrastructure ...................................................................... ............................... 7
4.10.1 Infrastructure
Capacity............................................................... ..............................7
4.10.2 Phasing
Flexibility........................................................... ..............................7
4.10.3 Infrastructure
Completion............................................................ ..............................7
.E
4. 10 Prevailing Wages .............................................. ..............................7
4.11 Term ..................................................................................... ..............................8
4.12 Term of Map(s) and Other Project Approvals ..... ............................... ...8
4.13 Satisfaction of Mitigation Measures and Conditions ........... ..............................8
4.14 In Lieu Credits .. ............................... .....,........................ ..............................8
5. Developer Agreements .... ........................................................................... ..............................8
5.1 General ....................................................................................... ..............................8
5.2 Maintenance Obligations .......................................................... ..............................8
5.3 Sales and Use Tax ..................................................................... ..............................8
5.4 Title 24 Energy Requirements ............................... ..............................9
6. City Agreements .......................................................................................... ..............................9
6.1 Expedited Processing ................................................................ ..............................9
6.2 Processing Cooperation and Assistance ................................... ..............................9
6.3 Processing During Third Party Litigation ...................... ...............................
6.4 Reimbursement for City's Efforts on Behalf of Developer ...........................10
6.5 City's Efforts to Defend and /or Enforce Multi Agency Agreements ................10
7. Traffic Improvements ................................................................................. .............................10
7.1 Nash Street ..................................................... .............................10
7.2 Continental Boulevard Access ............................... .............................11
7.3 El Segundo Boulevard Improvements ..................... ..............................1 l
7.4 El Segundo Boulevard Bicycle Path ........... ............................... ........12
7.5 Nash Street Extension Bicycle Lane ........................ .............................13
7.6 Green Line Station ............................................ .............................13
7.7 Coral Street Connection ...................................... .............................14
7.8 Traffic In Lieu Credits ................................ ............................... ...14
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8. Utilities.... ................................................................... .............................14
9. Recreational Access ........................................................ .............................14
9.1 Non-Raytheon User - Access . .1�
9.2 Irrevocable Offer to Dedicate Land to City ........................................... 15
10. Payments After Approval ................................... ............................... . l 5
10.1 Six Annual Payments ........................................................................ .............................15
10.2 Year 10 Payment ............................................................................... .............................15
10.3 Building Permit Fee ......................................................................... .............................15
11. Uniform Codes and Standard Specification ............................. .............................15
12. Demonstration of Good Faith Compliance ................ ..15154-54-5:,M
12.1 Review of Compliance ........................................................ .............................16
12.2 Good Faith Compliance ..................................................... .............................16
12.3 Information to be Provided to Developer ........................... .............................16
12.4 Developer's Report ....................................... .............................16
12.5 Notice Of Non - Compliance; Cure Rights ........................... .............................17
12.6 Public Notice of Finding .................. ............................... ............................17
12.7 Failure of Periodic Review ................................................. .............................17
13. Excusable Delays ....................................................................... ............................... ...........17
14. Default Provisions ...................................................................................... .............................17
14.1 Default ........................................... ............................... ...........................187
14.2 Content of Notice of Violation ........................................... .............................18
14.3 Remedies for Breach ........................................................... .............................18
14.4 Resolution of Disputes ...................... ............................... ............................18
14.5 Attorney Fees and Costs.... ............................. .............................18
15. Mortgagee Protection ................................................. ............................... ......................19494 -9
in
:.
11.1 Mortgage Not Rendered Invalid ......................................... .............................19
11.2 Request for Notice to Mortgagee ....................................... .............................19
11.3 Mortgagee's Time to Cure ................................................. .............................19
11.4 Cure Rights ........................................................................ .............................19
11.5 Bankruptcy .................................... ............................... ...........................20 9
11.6 Disaffirmation ......................................................... ........................202n,�n
16. Estoppel Certificate .................................................................................... .............................20
17. Administration of Agreement ................................................................. ............................... [ j.
17.1 Appeal of Determinations .................................................. .............................20
17.2 Operating Memoranda ....................................................... .............................20
17.3 Certificate of Performance .................................................. .............................21
18. Amendment or Termination by Mutual Consent ........................................ .............................21
19. Indemnification / Defense ...... ...................................................................... .............................21
19.1 Indemnification ................................................................. ............................... 21
19.2 Defense of Agreement ........................................................ .............................21
20. Cooperation in the Event of Legal Challenge ........................... .............................21
20.1 Third Party Challenges .................................. .............................21
20.2 Third Party Challenges Related to the Applicability City Laws ................22
21. Time of Essence .......... ............................................................. ..,............................................. 23
22. Effective Date ............................................................................................. .............................23
23. Notices ....................................................................................................... .............................23
24. Entire Agreement ................................................................................. ...........................252-5-2-4
25. Waiver ................................................................... ............................... ...........................254
26. Ambiguities or Uncertainties .............................................. .............................25
27. Supersession of Subsequent Laws of Judicial Action .................. .............................25
IV
283
28. Severability ................................................................................................. .............................25
29. Relationship of the Parties ................................................. .............................25
30. No Third Party Beneficiaries .............................................. .............................25
31. Recordation and Agreement and Amendments ......................... .............................25
32. Cooperation Between City and Developer......... a .................... .............................25
33. Rules of Construction .... ............................... , ......... , ........ .............................25
34. Governing Law and Venue ................................................ .............................26
35. Counterparts ................................................................. .............................26
36. Weekend /Holiday Dates ................. ............................... . .. .............................26
37. Not a Public Dedication.. . .... ............... ..................... . ..........................26
38. Releases ...................................................................... .............................26
39. Consent ....................................................................... .............................27
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DEVELOPMENT AGREEMENT
This Development Agreement is made and entered into by and between the CITY OF EL
SEGUNDO ( "City "), a general law city and municipal corporation, and RAYTHEON COMPANY
("R-a �ee " "Developer "), a Delaware corporation, as of this _ day of 2015.
City and Developer are also individually referred to as "Party" and collectively as "Parties." In
consideration of the mutual covenants and agreements contained in this Agreement, City and
Developer agree as follows:
1. Definitions. Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this Agreement. Words and
phrases not defined in this Section will have the meaning set forth in this Agreement; the El
Segundo Municipal Code; or in common usage.
"Agreement" means this Development Agreement between the City and
� tDeveloper.
"Applicable Rules" means:
The El Segundo General Plan, as it existed on the Application 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 El Segundo South Campus Specific Plan as adopted;
• Such other laws, ordinances, rules, regulations, and official policies governing
permitted uses of the Campus, density, design, improvement, development fees,
and construction standards and specifications applicable to the development of the
Campus in force at the time of the Effective Date, which are not in conflict with
this Agreement.
"Application Date" means December 8, 2011, the date on which the last of the Project
Approval applications was deemed complete by the City.
"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 are 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.
"Campus" means that 142.28 acre property located at 2000 El Segundo Boulevard in El
Segundo, California more particularly described in attached Exhibit "A," which is incorporated by
reference.
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"CEQA" means the California Environmental Quality Act (Public Resources Code § 21000,
et seq.) including the regulations promulgated thereunder (14 Cal. Code of Regulations
§ 15000, et seq., the "CEQA Guidelines ").
"City Council" means the City Council of the City of El Segundo.
"Developer" means Raytheon Company and its transferees, assigns and successors in
interest.
"Development Standards" means the design and development standards that are applicable
to the Project.
"Director" means the Director of Planning and Building Safety, or designee.
"Effective Date" means the date on which the Enabling Ordinance becomes effective in
accordance with Government Code § 36937.
"ESMC" means El Segundo Municipal Code.
"Existing Development" means that development which exists on the Campus on the
Effective Date, as more specifically set forth in attached Exhibit `B," which is incorporated by
reference.
"Enabling Ordinance" means Ordinance No. , approving this Development
Agreement.
"Future Approvals" means such subsequent 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.
"New Development" means any development constructed within the Specific Plan area
after the Effective Date.
"Person" must mean a natural person or any entity.
"Project" means the development of the Campus in accordance with the Project Approvals.
"Project Approvals" means:
• Final Environmental Impact Report No. EA -905, as certified by Resolution No.
• Mitigation Monitoring Program for Final Environmental Impact Report No. EA-
905, as adopted by Resolution No. ;
• General Plan Amendment No. 11 -01, as approved by Resolution No. including
a change in the Land Use Map;
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286
• El Segundo South Campus Specific Plan No. 11 -01, as adopted by Ordinance No.
• Zone Change No. 11 -02, as approved by Ordinance No. , including a change
in the Zoning Map;
■ Zone Text Amendment No. 11 -01, as approved by Ordinance No. ;
• Vesting Map No. 71551, as approved by Resolution No. ; and
• This Agreement.
"Specific Plan" or " BSSCSP" means the El Segundo South Campus Specific Plan.
"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 Campus.
"Transferee" means a Person which assumes in whole or in part the rights and obligations
under this Agreement with respect to all or a portion of the Campus.
"Uniform Codes" means those Uniform Codes adopted by reference in the ESMC in
accordance with Government Code §§ 50022.2, et seq. as required by applicable law including,
without limitation, Health and Safety Code § 18944.5 and Title 24 of the California Code of
Regulations. The Uniform Codes govern building and construction standards including, without
limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.
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 seq., City is authorized to enter into a
binding contractual agreement with any person having a legal or equitable interest in real property
for the development of such property.
2.2 Developer is the owner of the Campus.
2.3 Developer desires to develop the Campus in accordance with the El Segundo South
Campus Specific Plan.
2.4 By this Agreement, City desires to obtain the binding agreement of Developer to
develop the Campus 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.
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2.5 By this Agreement, Developer desires to obtain the binding agreement of City to
permit the development of the Campus 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 have acknowledged and agreed 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 Term of this Agreement.
2.8 The Project uses are consistent with the General Plan, as amended through General
Plan Amendment No. GPA 11 -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, better
circulation in the northeast quadrant of the City.
2.10 All of the Campus 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 transferee, assi�,,n and successor in interest
thereto and constitute covenants that run with the land.
3.1 Constructive Notice and Acceptance. Every Person who acquires any right, title or
interest in or to any portion of the Campus in which Developer has a legal interest is, and must be,
conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not
any reference to this Agreement is contained in the instrument by which such person acquired such
right, title or interest.
3.2 Rights to Transfer. Developer may assign or transfer in whole or in part its rights
and obligations under this Agreement with respect to the Campus, or any portion thereof, to any
Transferee at any time during the Termtefm of this Agreement without approval of City, including
through provision of a long -term ground lease. For purposes of this Agreement, the Transferee
must be considered the "owner" of that portion of the Campus 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 Campus, Developer
will be released from its obligations under this Agreement with respect to the Campus, 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 Campus so
transferred by executing an Assignment and Assumption Agreement in the form of attached
Exhibit "C," which is incorporated by reference. Upon any transfer of any portion of the Campus
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 Campus acquired by such Transferee.
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288
Any such Transferee must be entitled to the benefits of this Agreement as "Developer" hereunder
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 Campus owned by such Transferee and does not
cancel or diminish in any way Developer's rights hereunder with respect to any portion of the
Campus not owned by such Transferee. The Transferee is responsible for satisfying the good faith
compliance requirements set forth in Section 8 below relating to the portion of the Campus owned
by such Transferee, and any amendment to this Agreement between the City and a Transferee must
only affect the portion of the Campus owned by such Transferee.
3.4 Resumption of Rights. If Transferee defaults with respect to any provision of this
Agreement, Developer may, but mustis not be- obligated to, resume Transferee's obligations upon
written notification to City.
4. Development of the Campus. The following provisions, in addition to Applicable Rules,
govern the development and use of the Campus. However, nothing affects any Existing
Development on the Campus which is allowed to continue in its current location and under its
current development standards.
4.1 Entitlement to Develop. The Developer is granted the vested right to develop the
Project on the Campus subject to the Applicable Rules, the Project Approvals and any Future
Approvals.
4.2 permitted Uses, Density, Height and Dedication of Land for Public PuMoses. The
permitted and conditionally permitted uses of the Campus 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 Campus 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
Campus unless Developer gives City written notice of its election to have such Subsequent Rule
applied to the Campus, in which case such subsequent „ r,.,ng Subsequent Rule is deemed to be an
Applicable Rule.
4.6 Fees, Exactions, Mitigation Measures Conditions Reservations and Dedications.
4.6.1 All fees, exactions, mitigation measures, conditions, reservations and
dedications of land for public purposes that are applicable to the Project are set forth in the Project
Approvals, the Applicable Rules and this Agreement.
:•
4.6.2 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
relating to development or the privilege of developing, which are in effect on a City -wide basis as
of the Effective Date.
4.6.3 Developer must pay the impact fees pursuant to City Council Resolution
Nos. 4443 and 4687.
4.6.4 This Section cannot be construed to limit the authority of City to charge
normal and customary application, processing, and permit fees, including legal and environmental
processing costs, 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.
4.6.5 Nexus /Reasonable Relationship Challenges. Developer consents to, and
waives any rights it may have now or in the future to challenge the legal validity of, the conditions,
requirements, policies or programs required by this Agreement or Applicable Rules including,
without limitation, any claim that they constitute an abuse of the police power, violate substantive
due process, deny equal protection of the laws, effect a taking of property without payment of just
compensation, or impose an unlawful tax.
4.7 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.
4.8 Timing of Development. In Pardee Construction Co. v. City of Camarillo (Pardee),
37 Ca1.3d 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 Campus 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 Campus. However, nothing in this Section must 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.
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290
Notwithstanding the above, Developer must be required to build the on -site and off -site
infrastructure required for the Project in accordance with the Project Milestones and Thresholds
that are listed in Exhibit D, attached hereto and incorporated herein by reference.
4.9 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 Campus,
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 and sewer)
approved, issued or granted within City, or portions of City, applies to the Campus 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.
4.10 Infrastructure.
4.10.1 Infrastructure Capacity. Subject to Developer's installation of infrastructure
in accordance with the requirements of the Project Approvals, this Agreement, 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.
4.10.2 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 4.12 of this Agreement.
4.10.3 Infrastructure Completion. No building permit, final inspection or
cGertificate of oOccupancy will be unreasonably withheld, conditioned, or delayed by City if all
infrastructure required to serve the portion of the Campus covered by the building permit, final
inspection or cEertificate of oOccupancy 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.
4.10.4 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 must
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291
pay prevailing wages for the construction of such improvements to the extent required by
Applicable Law.
4.11 Term. The term of this Agreement is ten (10) years from the Effective Date (the
"Term "). 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 beyond any applicable period to cure provided
for by Section 12 below. 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 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.
4.12 Term of Map(s) and Other Project Approvals. Pursuant to California Government
Code § § 66452.6(a) and 65 863.9, 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 Campus and the term of each of the Project
Approvals will be extended for a period of time through the scheduled termination date of this
Agreement as set forth in Section 4.11 above, including any extensions thereto pursuant to Section
4.114 above.
4.13 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 the ESSCSP.
4.14 In Lieu Credits. The City must grant Developer in lieu credits, as appropriate, and
as specified herein and for those matters set forth on attached Exhibit "E," which is incorporated
by reference.
Developer Agreements.
5.1 General. Developer must comply, or cause compliance, 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.
5.2 Maintenance Obligations. Developer must maintain all portions of the Campus
visible from a public street and in its possession or control, including improvements thereon, in a
clean, neat and orderly manner. Developer's maintenance obligations survive any termination or
expiration of this Agreement.
5.3 Sales and Use Tax.
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5.3.1 In the event the contract price for any work on the Project is valued at ten
million dollars ($10,000,000) 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 Revenue and Taxation Code § 7051.3 or State Board of Equalization
Operations Menem dU Ne. 1023Cornpliance Policy and Procedure Manual (Section 295,060).
5.3.2 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 ten million dollars ($10,000,000) or more, said contracts or subcontracts must contain
the provisions set forth in Section 5.3.1 above.
5.3.3 The Director of Finance of the City is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.3
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.
5.4 All new development must have buildings designed to be energv efficient. at least
fifteen percent 0 5% above the re uirements set forth in California Code of Regulations Title 24
in effect at the time that building plans are submitted. evel q�)Feje t Must, Hff 1-1
With the eunvrA Cal StedidaFds.
. Fd
6. CityAgreements.
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 Campus. 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 Campus. City
must keep Developer fully informed with respect to its communications with such agencies which
could impact the development of the Campus. City must not take any actions to encourage any
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other governmental or quasi - governmental entities from withholding any necessary approvals and
any such contrary actions on the part of the City must be considered a breach of this Agreement
by City.
6.3 Processing, During Third Party Liti 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 Campus or the Project must 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 must not stipulate to or cooperate in the issuance
of any such order.
6.4 Reimburseiiient for City's Efforts on Behalf of Developer. To the extent that City,
on behalf of Developer, attempts to enter into binding agreements with other entities in order to
ensure the availability of certain permits and approvals or services necessary for development of
the Project as described in this Agreement, Developer must reimburse City for all costs and
expenses incurred in connection with seeking and entering into any such agreement. Any fees,
assessments or other amounts payable by City pursuant to any such agreement must be borne by
Developer except where Developer notified City in writing, before City entering into such
agreement, that it does not desire for City to execute such agreement.
6.5 City's Efforts to Defend and/or Enforce Multi Aancy Agreements. Except as
limited by Section 19. 1, Developer must defend and indemnify — the to the extent set forth in this
Agreement — City in any challenge by any person to any such agreement, and must reimburse
City for any costs and expenses incurred by City in enforcing any such agreement.
7. Traffic Improvements.
7.1 Nash Street.
7.1.1 At such time that the Nash Street connection is required under the terms of
the Agreement, Developer must build the Nash Street extension consistent with the General Plan
Secondary Arterial roadway classification and as shown on Vesting Map No. 71551.
7.1.2 The Nash Street extension must be completed before Phase II of Vesting
Map No. 71551 is recorded or a certificate of occupancy being issued for any new development
which would cause the Phase 1 Development trip cap of 89 a.m. peak hour, 225 p.m. peak hour
trips, or 3,775 daily trips to be exceeded.
7.1.3 Developer will receive in lieu credit against City's traffic impact fees for
the actual cost of construction of the Nash Street extension. Developer must submit appropriate
documentation to City to verify the construction costs.
7.1.4 When the Nash Street extension is complete, Developer must offer for
dedication the street and public improvements associated with the street to City (collectively,
"Nash Street Improvements ").
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7.1.5 When City accepts the Nash Street extension and improvements,
Developer will not be responsible for maintenance of the public street improvements including,
without limitation, sidewalks, signs, roadways, street lights, and lighting fixtures. Public use of the
Nash Street extension is not permitted until City accepts such dedication.
7.1.6 Developer agrees to cooperate with City in creating a landscaping and
lighting assessment district to cover only the maintenance costs of the landscape and lighting
portion of the Nash Street improvements and will not protest the formation of any such district.
The costs of the assessment engineer and other direct set -up costs of the assessment district will
be included in the assessment costs to be levied against the affected properties.
7.2 Continental Boulevard Public Access.
7.2.1 Developer must build the extension of the Continental Boulevard roadway
located on Parcel 25 consistent with the General Plan Secondary Arterial roadway classification
(as shown on Vesting Map No. 71551) before Pphase II of Vesting Map No. 71551 is recorded.
The Developer must build the extension of the Continental Boulevard roadway located on Parcel
21 consistent with the General Plan Collector roadway classification (as shown on Vesting Map
No. 71551) before Pphase III of Vesting Map No. 71551 is recorded.
7.2.2 Continental Boulevard, and the extension thereof, must remain a private
roadway, except as specified in Sections 7.2.3 and 7.2.4 below. The private roadway may be
fenced, and /or guarded and /or gated.
7.2.3 If at any time buildings along Continental Boulevard are sold, leased, or
used by any third party CiLthat is not an affiliate of Raytheon; or (ii) does not use or operate the
buildings in furtherance of Raytheon's business operations, Developer must provide a public
access easement to City for this street. For purposes of this section, an affiliate includes a
subsidiary or partner of Raytheon.
7.2.4 Notwithstanding Section 7.2.3, Developer may offer Continental Boulevard
to City for dedication. If City accepts Continental Boulevard and its improvements, Developer will
not be responsible for maintenance of the public street improvements including, without limitation,
sidewalks, signs, roadways, street lights, and lighting fixtures.
7.2.5 Developer agrees to cooperate with City in creating a landscaping and
lighting assessment district to cover only the maintenance costs of the landscape and lighting
portion of the Continental Boulevard improvements and will not protest the formation of any such
district. The costs of the assessment engineer and other direct set -up costs of the assessment district
will be included in the assessment costs to be levied against the affected properties.
7.2.6 Developer agrees to a 20 -year irrevocable offer of dedication to the City of
Parcel 26 of Vesting Map No. 71551. This dedication may be accepted by the City at such time
the City permits circulation through the adjacent golf course and that portion of Continental
Boulevard connecting Parcel 26 and El Segundo Boulevard is made accessible to the public.
7.3 El Segundo Boulevard Improvements.
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7.3.1 Developer must complete the El Segundo Boulevard roadway
improvements consistent with the General Plan Major Arterial classification and as shown on
Vesting Map No. 71551, based on the following phasing criteria:
7.3.1.1 If either Parcel 15 or 16 of Vesting Map No. 71551 is developed,
the required roadway improvements must be completed on the El Segundo Boulevard frontage of
both Parcels 15 and 16 before City issues a certificate of occupancy for any new building in that
area.
7.3.1.2 If Parcel 14 of Vesting Map No. 71551 is developed, the
required roadway improvements must be completed on the El Segundo Boulevard frontage of
Parcel 14 before City issues a certificate of occupancy for any new building in that area.
7.3.1.3 If Parcels 1, 2, 3, or 4 of Vesting Map No. 71551 are developed,
then the required roadway improvements must be completed on the El Segundo Boulevard
frontage for all parcels within the Specific Plan area with El Segundo Boulevard frontage before
City issues a certificate of occupancy for any new building in such areas.
7.3.2 Developer is responsible for all construction costs relating to the El Segundo
Boulevard roadway improvements, including the cost of roadway construction, retaining walls,
pole relocation and Class 1 bicycle path (see Section 7.4), except as specified below.
7.3.2.1 Notwithstanding the above, Developer is not responsible for
relocation of any infrastructure that is not directly on the El Segundo Boulevard frontage and
located within the Campus. The SCE towers at the corner of El Segundo and Sepulveda Boulevards
are specifically excluded from Developer's responsibility under this Section 7.3.2.
7.3.2.2 Developer is entitled to receive in lieu credit against City's
traffic impact fees for the actual cost of construction of the El Segundo Boulevard improvements.
Developer must submit documentation acceptable to City to verify the construction costs. No
credit will be given for the value of the land area required for the El Segundo Boulevard widening.
7.3.2.3. Developer's costs will be offset by any grants provided to City
for such improvements by any outside agency. City must use its best efforts to seek any and all
available grants.
7.3.3 As an alternative to construction, Developer may pay a portion of the
required traffic mitigation fees as a lump sum. This lump sum would cover the costs of El Segundo
Boulevard improvements located in the plan area within 275 feet east of the Sepulveda Boulevard
intersection. This area includes three (3) utility poles Developer has identified as having significant
relocation costs. This lump sum would be required before the first building permit for new
development in the Campus is issued. The amount of the lump sum will be based on a revised
estimate of the costs associated with improvements within the El Segundo Boulevard right -of -way
where Developer would like City to proceed with improvements instead of the Developer.
7.4 El Segundo Boulevard Bicycle Path.
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7.4.1 Developer must construct a Class 1 bicycle path on El Segundo Boulevard
during the same period in which the El Segundo Boulevard Improvements discussed in Section
7.3 above areer installed, subject to the following:
7.4.1.1 For lots with frontage on that portion of El Segundo Boulevard
located east of the future extension of Continental Boulevard and west of the future extension of
Nash Street, the bicycle path may be located within the required building setback areas as long as
a five foot distance is maintained between the bicycle path and any building or structure.
7.4.1.2 In order to facilitate the 4th travel lane under the Green -Line light
rail overpass, the El Segundo Boulevard bike path must be routed south of the overpass supports
and through the Metro Station area. An easement must be provided over Parcel 14 of Vesting Map
No. 71551 to allow this routing. No building setback modifications are required due to such
rerouting as long as a five foot distance between the bicycle path and any building is maintained.
7.4.1.3 Developer is not responsible for the cost of relocation any
infrastructure that is not directly on the El Segundo Boulevard frontage of the Campus, including
without limitation, the SCE tower at the corner of El Segundo and Sepulveda Boulevards.
7.4.2 Developer is entitled to receive in lieu credit against City's traffic impact
fees for the actual cost of construction of the El Segundo Boulevard bicycle path. Developer must
submit documentation acceptable to City to verify the construction costs. No credit will be given
for the value of the land area under the El Segundo Boulevard bike path.
7.4.3 Developer's costs will be offset by any grants provided to the City of El
Segundo by any outside agency relating to the construction of the bicycle path along El Segundo
Boulevard.
7.5 Nash Street Extension Bic cclle Lane.
7.5.1 At such tiine as the Nash Street Extension must be completed pursuant to
Section 7.1.2 above Developer must construct a Class II bicycle lane in each direction of the Nash
Street extension.
7.5.2 The Class II bicycle lane will be integrated into the Nash Street roadway.
7.5.3 Construction costs for the bicycle lane are considered to be part of the
overall Nash Street roadway extension and are Developer's responsibility.
7.5.4 The width of the Class II bicycle lanes are included within the overall Right
of Way width of the Nash Street Extension. This is illustrated in the Vesting Map No. 71551
exhibit entitled "Typical Section: Secondary Arterial Street." No additional public right -of -way
will be required for the bicycle lane.
7.6 Green Line Station.
7.6.1 Developer must pay $75,000 towards the construction of bicycle parking
facilities at or adjacent to the Metro Green Line El Segundo Station. The $75,000 payment must
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be made before City issues a certificate of occupancy is issued for any building included in Phase
II. Developer is entitled to receive in lieu credit against City's traffic impact fees for this payment.
7.6.2 Developer must allow a pedestrian easement across one or a combination
of P_parcels 13,_14 and /or 24 of Vesting Map No. 71551 to allow direct pedestrian access to the
Green Line station. The walkway must be completed before a certificate of occupancy is issued
for any building on Pparcel 13 or 14. The walkway must be paved and compliant with ADA
requirements with a minimum width of five feet.
7.7 Coral Circle Connection. Developer agrees to provide City with a 20 -year
irrevocable offer of dedication of Parcels 20 and 22 of Vesting Map No. 71551. This dedication
may be accepted by City at such time City enters agreements with adjacent landowners located at
363 -365 Coral Circle and 401 Coral Circle to obtain public street access across their property for
a roadway to connect Nash Street to Coral Circle. The offer of dedication will allow for fee simple
ownership of Parcels 20 and 22 to be transferred to the owners of 363 -365 Coral Circle and 401
Coral Circle, and a public street dedication for a portion of the two parcels to the City for a roadway
consistent with the "Local Commercial Street" General Plan Circulation Element Street
Classification.
7.8 Traffic Fee In Lieu Credits. Except as otherwise specified herein, Developer will
be entitled to in lieu credits against the City's traffic impact fees for all required traffic mitigation
measures within the City of El Segundo's jurisdiction that are constructed or paid by Developer.
Developer is not entitled to any in lieu credits for mitigation measures outside of the City's
jurisdiction.
Utilities
8.1 City must maintain all City -owned public utilities located in public or private streets
within the Campus. Any utilities located on private property must be the responsibility of
Developer, or its successor in interest.
8.2 City is contemplating a capacity upgrade in the El Segundo sewer line.
8.2.1 Up to 2,142,457 rg_ oss square feet of development, the total amount of new
development allowed by the Specific Plan, must be able to access sewer service in the El Segundo
Boulevard sewer trunk line after completion of the sewer line upgrade provided that Developer
contributes twenty -five percent (25 %) up to a maximum amount of $375,000.00 toward
completion of the sewer upgrade.
8.2.2 Developer must make its contribution at the time the City awards the sewer
improvement project, but no later than December 31, 2018,- for Developer to obtain access to the
El Segundo Boulevard sewer trunk line.
8.2.3 Upon payment, City must reserve a portion of the available capacity in the
existing fifteen inch (15 ") line up to a net increase of 30,212 gallons per day for Developer and
Developer is entitled to connect to the existing line through a temporary sewer connection.
Developer is entitled to make a permanent connection to the upgraded line once the sewer capacity
upgrade project is completed.
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9. Recreational Access.
9.1 The Specific Plan provides for 7.54 acres of land to be used for Open Space and
Recreational purposes. This land must remain private and only available to Raytheon employees.
However, should Developer sell more than twenty percent (20 %) of ESSCSP Campus Area (i.e.,
at least 28.44 acres), to a user other than Raytheon or a Raytheon affiliate, Developer must provide
non - Raytheon or Raytheon affiliated employees within the ESSCSP area with permanent access
to the 7.54 -acre recreational area within the Campus. The access must be formalized through
agreements between Raytheon and the purchaser(s) of the property.
9 .22 Within 30 days of approval of a land transfer of the recreational /open space area to
an alternative parcel and before a building permit may be issued on Parcel 11 Tthe Developer
must record a 20-year irrevocable offer of dedication of the 7.54 acre recreational/ol2en s ace area
to the City of El Segundo, in a form apnroved by the City Attorney, for future Rotential park
purposes if located on any of the lots (Parcels I.2. 3 4 7 8_13 or 14 of Vesting Map No 71551,
and outside the Raytheon security fenced t)erimeter.
10. Payments after Approval.
10.1 Six Annual Payments. The Developer must make si-xone annual payments of
$500,000 and live Subsequent annual payments ol' $700 000 each to the City. Payments will start
on March 31, 2016 and occur annually on March 31St, with the final payment due on March 31,
2021. These $500-,000-payments will be deposited to the City's General Fund and may be used for
any general purpose identified by the City Council in its sole discretion. The total amount of the
six payments is $4.000,000.
10.2 Payment in Year 10. If the Nash Street extension, identified in Section 7. 1, is not
completed within 10 years of the effective date of the City Council Ordinance approving the
Specific Plan and related entitlements, then the Developer is required to make a $5,000,000
payment not later than the anniversary date that the Ordinance became effective (e.g., if the
Ordinance became effective December 1, 2015, then payment would be due not later than
December 2, 2025). This payment will be deposited to the City's General Fund and may be used
for any general purpose identified by the City Council in its sole discretion.
10.3 Building Permit Fee. Before building permits are issued for any new development
(not existing at time of project approval) in the project area, the Developer must pay a $0.50 per
gross square -foot fee. All revenue from this fee will be deposited to the City's General Fund and
may be used for any general purpose identified by the City Council in its sole discretion.
11. Uniform Codes and Standard Specifications
11.1 Nothing in this Agreement prevents City from applying Uniform Codes to the
Project provided that the provisions of any such Uniform Code:
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11.1.1 apply to the Project only to the extent that such code is in effect on a City
wide basis;
11.1.2 with respect to those portions of any such Uniform Codemedel code that
have been adopted by City without amendment, be interpreted and applied in a manner consistent
with the interpretation and application of such code pursuant to California Law.
11.2 Nothing in this Agreement prevents City from applying to the Project "standard
specifications" for public improvements (e.g., streets, storm drainage, parking lot standards,
driveway widths) as the same may be adopted or amended from time to time by City, provided
that the provisions of any such standards and specifications apply only to the extent they are in
effect on a Ceitywide basis and do not conflict with standards contained in the Specific Plan. As
they concern the Project or the Project Site, to the extent any City Law or other City ordinance,
regulation, standard, or specification conflicts with the Specific Plan, the Specific Plan controls
unless otherwise provided herein.
11.3 State and Federal Law. As provided in Government Code § 65869.5, in the event
that state or federal laws or regulations, enacted after the Vesting Date ( "Changes in the Law ")
prevent or preclude compliance with one or more provisions of this Agreement, such provisions
of the Agreement will be, by operation of law, modified or suspended, or performance thereof
delayed, as and to the extent may-be-necessary to comply with such Changes in the Law. In the
event any state or federal resources agency (i.e., California Department of Fish and Game, U.S.
Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control
Board /State Water Resources Control Board), in connection with its final issuance of a permit or
certification for all or a portion of the Project, imposes requirements ( "Permitting Requirements ")
that require modifications to the Project, then the parties will work together in good faith to
incorporate such changes into the Project; provided, however, that if Developer appeals or
challenges any such Permit Requirements, then the parties may defer such changes until the
completion of such appeal or challenge.
12. Demonstration of Good Faith Compliance
12.1 Review of Compliance. In accordance with Government Code § 65865.1, this
Section 12 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.
12.2 Good Faith Compliance. During each Periodic Review, Developer must
demonstrate that, during the preceding twelve (12) month period, that it has been in good faith
compliance with this Agreement. For purposes of this Agreement, the phrase "good faith
compliance" 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.
12.3 City Report -Information to be Provided to Developer. At least fourteen (14) days
before the annual anniversary of the Effective Date the City must deliver to Developer a copy of
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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 ( "City Report").
12.4 Developer's Report. No later than the annual anniversary of the Effective Date,
Developer must submit a written status report to the Director addressing the good faith compliance
issue and any issues raised by the City Report provided to Developer in accordance with Section
12.3 above.
12.5 Notice Of Non- Compliance; Cure Rights. 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 Campus, 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 14 below.
12.6 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 Ssection
17, 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
13.4 below.
12.7 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 the City Report by the Effective Date, Developer will be deemed to be in good faith
compliance with this Agreement.
13. 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 Campus; (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.
14. Default Provisions.
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14.1 Default. Either 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 following receipt
of written notice from the non - breaching Party for monetary defaults, and not less than sixty (60)
days following receipt of written notice from the non - breaching Party 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 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. 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
14.4 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.
14.2 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
Campus involved, and the manner in which the breach may be satisfactorily cured. Notice must be
given in accordance with Section 23 hereof.
14.3 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 City or Developer are limited to injunctive relief and /or specific
performance.
14.4 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 (3 0) 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.
14.5 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
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Agreement. The parties will each bear their own attorneys' fees and costs in the event of any
dispute.
15. Mortgagee Protection. This Agreement does not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Campus 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 Campus
must be entitled to the following rights and privileges:
15.1 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 Campus 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 Campus.
15.2 Request for Notice to Mortgagee. The Mortgagee of any mortgage or deed of trust
encumbering the Campus, 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.
15.3 Mortgage'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 sixty (60) 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 Campus, or any portion thereof, and such Mortgagee
seeks to obtain possession, such Mortgagee has until sixty (60) 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.
15.4 Cure Rights. Any Mortgagee who takes title to all of the Campus, 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 Campus 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 Campus 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 Campus, or portion thereof acquired by such Mortgagee, have
been satisfied.
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15.5 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 14.3
above will be extended for the period of the prohibition, except that any such extension cannot
extend the Term of this Agreement.
15.6 Disaffirmation. If this Agreement is terminated as to any portion of the Campus 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 Campus with the most senior Mortgagee requesting such
new agreement. This Aagreement does not require any Mortgagee or the City to enter into a new
development agreement pursuant to this Section.
16. 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
must execute and return the certificate within thirty (30) 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 Campus in which that Developer has a legal interest.
17. Administration of Agreement.
17.1 Appeal of Determinations. Any decision by City staff concerning the interpretation
or administration of this Agreement or development of the Campus 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.
17.2 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 Termtefnrs of this Agreement,
City and Developer agree that such clarifications are necessary or appropriate, they will effectuate
such clarification through a memoranda approved in writing by City and Developer (the
"Operating Memoranda "), which, after execution, will be attached hereto and become part of this
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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 18 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.
17.3 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.
18. 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.
19. Indemnification/Defense.
19.1 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, except to the extent such action is a result of the
City's sole negligence or intentional misconduct. For purposes of this Section "the City" includes
the City of El Segundo's elected officials, appointed officials, officers, and employees.
19.2 Defense of Agreement. If City accepts Developer's indemnification and defense as
provided in Section 19.1 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
194-8 will survive the termination of this Agreement.
20. Cooperation in the Event of Legal Challenge
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20.1 Third Party Challenges. In the event of any administrative, legal or equitable action
or other proceeding instituted by any person or entity not a party to the Agreement challenging the
validity of any provision of this Agreement, challenging any Approval, or challenging the
sufficiency of any environmental review of either this Agreement or any Approval under CEQA
(each a "Third Party Challenge "), each party must cooperate in the defense of such Third Party
Challenge, in accordance with this Section. Developer agrees to pay City's costs of defending a
Third Party Challenge, including all court costs and reasonable attorney's fees expended by City
(including the time and cost of the City Attorney) in defense of any Third Party AetienChallenge,
as well as the time of City's staff spent in connection with such defense. Developer may select its
own legal counsel to represent Developer's interests in any Third Party Challenge at Developer's
sole cost and expense. City agrees that it will not enter into a settlement agreement to any Third
Party Challenge without Developer's written consent. Developer's obligation to pay City's costs
in the defense of a Third Party Challenge does not extend to those costs incurred on appeal unless
otherwise authorized by Developer in writing..
20.2 Third Party Challenges-Related to the Applicability City-Laws. The provisions of
this Section will apply only in the event of a legal or equitable action or other proceeding, before
a court of competent jurisdiction, instituted by any person or entity not a party to the Agreement
challenging the applicability to the Project or Project Site of a conflicting City Law (a "Third Party
Enforcement Action "):
20.2.1 In the event of a Third Party Enforcement Action, City must (i) promptly notify
Developer of such action or proceeding, and (ii) stipulate to Developer's intervention as a party to
such action or proceeding unless Developer has already been named as a respondent or real party
in interest to such action or proceeding. In no event will City take any action that would frustrate,
hinder, or otherwise complicate Developer's efforts to intervene, join or otherwise participate as a
party to any Third Party Enforcement Action. As requested by Developer, City must use its best
efforts to ensure that Developer is permitted to intervene, join or otherwise participate as a party
to any Third Party Enforcement Action. If, for any reason, Developer is not permitted to intervene,
join or otherwise participate as a party to any Third Party Enforcement Action, the parties to this
Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such
action or proceeding. For purposes of this Section, the required cooperation between the parties
includes, without limitation, developing litigation strategies, preparing litigation briefs and other
related documents, conferring on all aspects of the litigation, developing settlement strategies, and,
to the extent permitted by law, jointly making significant decisions related to the relevant litigation,
throughout the course thereof.
20.2.2 City's costs of defending any Third Party Enforcement Action, including all
court costs, and reasonable attorney's fees expended by City (including the time and cost of the
City Attorney) in defense of any Third Party Enforcement Action, as well as the time of City's
staff spent in connection with such defense (the "Enforcement Action Defense Costs), will be paid
in accordance with this Agreement. Notwithstanding the forgoing, in no event will the
Enforcement Action Defense Costs extend to, nor will Developer or the Project be obligated to
pay, any costs incurred on appeal unless otherwise authorized by Developer in writing;
20.2.3 City must not enter into a settlement agreement or take any other action to
resolve any Third Party Enforcement Action without Developer's written consent. City cannot,
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306
without Developer's written consent, take any action that would frustrate, hinder or otherwise
prevent Developer's efforts to settle or otherwise resolve any Third Party Enforcement Action.
20.2.4 Provided that City complies with this Section and provided that Developer
is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any
final judgment (i.e., following all available appeals) arising out of a Third Party Enforcement
Action and further agrees that no default under this Agreement will arise if such final judgment
requires City to apply to the Project or Project Site a City Law that conflicts with Applicable
L-awRules or this Agreement.
21. Time of Essence. Time is of the essence for each provision of this Agreement of which
time is an element.
22. Effective Date. This Agreement becomes operative on the Effective Date.
23. 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 or
electronic delivery, 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
Phone: 310 524 -2301
Fax: 310 322 -7137
E -Mail: gcarpenter @elsegundo.org
With a Copy to: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Director of Planning and Building Safety
Phone: 310 524 -2346
Fax: 310 322 -4167
E -mail: slee @elsegundo.org
With a Copy to: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: Planning Manager
Phone: 310 524 -2340
Fax: 310 322 -4167
Email: kchristensen @elsegundo.org
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307
With a Copy to: Hensley Law Group
2600 W. Olive Avenue, Suite 500
Burbank, California 91505
Attention: Mark D. Hensley, Esq.
Phone: 818/333 -5120
Fax: 818/333 -5121
E -Mail: mhensley @hensleylawgroup.com
If to Developer: Raytheon Company
2000 El Segundo Boulevard
Mailn Station 55158
El Segundo, California 90245
Attention: Director of Facilities and Real Estate
Phone: 310/647 -8880
Fax: 310/647 -9348
E -Mail: scott _pozza @raytheon.com
With _a Copy to: Raytheon Company
2000 El Segundo Boulevard
Mailn Station 5159S 175
El Segundo, California 90245
_ Attention: Senior Manager of Real Estate
Phone: 310/647 -2567
Fax: 310/647 -9348
E -Mail: aadamsl@rg3lheon.com
With a Copy to: Raytheon Company
870 Winter Street
Waltham, MA 02451
Attention: Real Estate Department
Phone: 781/522-300620
Fax: 781/522 -6465
Email: jerry a celluccifd),raytheon.com
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 Campus pursuant to Sections
3.2 and 3.3, Developer must be copied on all correspondence whether by City or Transferee
relating to such transferred property.
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24. 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
25. Waiver. No waiver of any provision of this Agreement constitutes a waiver of any other
provision, whether or not similar; nor must 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.
26. Ambiguities or Uncertainties. The parties hereto have mutually negotiated the terms and
conditions of this Development Agreement and this has resulted in a product of the joint drafting
efforts of both parties. Neither party is solely or independently responsible for the preparation or
form of this A_agreement. Therefore, any ambiguities or uncertainties are not to be construed
against or in favor of either party.
27. Supersession of Subsequent Laws of Judicial Action. The provisions of this Agreement
must, to the extent feasible, be modified or suspended as may be necessary to comply with any
new law or decision issued by a court of competent jurisdiction, enacted or made after the effective
date which prevents or precludes compliance with one or more provisions of this Agreement.
Immediately after enactment of any such new law, or issuance of such decision, the parties must
meet and confer in good faith to determine the feasibility of any such modification or suspension
based on the effect such modification or suspension would have on the purposes and intent of this
Agreement.
28. 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.
29. 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 must
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.
30. No Third PaLly 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 must have any right of
action based upon any provision of this Agreement.
31. 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.
32. 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
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309
proceed to complete all steps necessary for the implementation of this Agreement and development
of the Project or Campus in accordance with the terms of this Agreement.
33. 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.
34. Governing Law and Venue. This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California govern its interpretation
and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement must
be filed in the appropriate court having jurisdiction in the County of Los Angeles.
35. Counterparts. This Agreement may be executed in multiple counterparts, each of which
must be deemed an original, but all of which constitute one and the same instrument.
36. 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, including the entire day on Good Friday, the date for such
determination or action must be extended to the first business day immediately thereafter.
37. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein
contained is a gift or dedication of the Campus, 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 Campus, 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 Campus
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 Campus that would deprive the Developer of the material
benefits of this Agreement, or would in any manner interfere with the development of the Project
as contemplated by this Agreement.,
38. 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.
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39. 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.
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development
Agreement on the date first above written.
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
CITY:
CITY OF EL SEGUNDO, a municipal corporation
C
Mayor
Karl H. Berger, Assistant City Attorney
DEVELOPER:
RAYTHEON COMPANY
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312
EXHIBIT A
CAMPUS DESCRIPTION
THAT PORTION OF SECTION 18, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO
SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO. 11629, SUPERIOR COURT OF SAID
COUNTY ON JUNE 21, 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A
COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID
COUNTY AS CLERK'S FILED MAP NO. 218, BOUNDED AS FOLLOWS;
BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SECTION 18; BOUNDED ON THE
EAST BY THE WESTERLY LINE AND THE NORTHERLY PROLONGATION THEREOF OF
TRACT NO. 26556, AS SHOWN ON MAP RECORDED IN BOOK 675 PAGES 93 TO 94 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED ON THE
SOUTHEAST BY THE NORTHWESTERLY LINE OF THE 80 FOOT STRIP OF LAND DESCRIBED
IN THE DEED TO PACIFIC ELECTRIC RAILWAY CO., RECORDED MAY 27, 1913 AS
INSTRUMENT NO. 210 IN BOOK 5750 PAGE 43 OF DEEDS, RECORDS OF SAID COUNTY AND
BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY LINE OF THE LAND DESCRIBED
AS PARCEL 2 IN THE DEED TO SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED
MARCH 6, 1930 AS INSTRUMENT NO. 535 IN BOOK 9840 PAGE 33, OFFICIAL RECORDS OF
SAID COUNTY.
EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL
RESOURCES AS DEFINED IN SECTION 6903 OF THE CALIFORNIA PUBLIC RESOURCES CODE
AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR THAT MAY BE PRODUCED FROM THE PROPERTY BELOW A DEPTH OF FIVE
HUNDRED (500) FEET, AS RESERVED BY DEED EXECUTED BY CHEVRON U.S.A. INC., A
CORPORATION, RECORDED ON NOVEMBER 28, 1978 AS INSTRUMENT NO. 78- 1317577,
WHICH ALSO RECITES, "PROVIDED, HOWEVER, THAT ALL RIGHTS AND INTEREST IN THE
SURFACE OF THE PROPERTY AND THE LAND MASS OF THE PROPERTY TO A DEPTH OF FIVE
HUNDRED (500) FEET ARE HEREBY CONVEYED TO GRANTEE, NO RIGHT OR INTEREST OF
ANY KIND THEREIN, EXPRESS OR IMPLIED, BEING EXCEPTED OR RESERVED TO GRANTOR
EXCEPT AS HEREINAFTER EXPRESSLY SET FORTH."
ASSESSOR'S PARCEL NOs. 4138 - 014 -047 AND 4138 - 014 -013
A -1
313
Building
E -1
E -2
E-3
E -4
E -5
E -6
E -7
E -20
E -21
E -23
E -24
Rain Shelter
EXHIBIT B
EXISTING DEVELOPMENT
Use
Office, Lab /R &D, Warehouse
Office, Lab/R &D, Warehouse
Office, Lab/R &D, Warehouse
Office, Lab /R &D, Warehouse
Office, Lab /R &D, Warehouse
Office
Office, Lab /R &D, Warehouse
Storage
Office, Warehouse
Restrooms
Recreation
Rain Shelter
PIM
Net Square Footage
1,055,479
41,518
35,137
642,871
24,865
2,261
54,924
7,076
4,500
2,330
1,530
2,100
1,874,591
314
EXHIBIT C
Recording Requested By and
When Recorded Mail To:
Raytheon Company
[address and attention]
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement ") is made and
entered into by and between Raytheon Company, ( "Assignor "), and
a ( "Assignee ").
RECITALS
A. The City of El Segundo ( "City ") and Assignor entered into that certain
Development Agreement dated , 2015 (the "Development Agreement "), with
respect to the real property located in the City of El Segundo, State of California more
particularly described in Exhibit "A" attached hereto (the "Project Site "), and
B. Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals ").
C. Assignor intends to sell, and Assignee intends to purchase that portion, of the
Project Site more particularly described in Exhibit `B" attached hereto (the "Transferred
Property ").
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Transferred Property. Assignee desires to accept such assignment
from Assignor and assume the obligations of Assignor under the Development Agreement and
the Project Approvals with respect to the Transferred Property.
THEREFORE, the parties agree as follows:
1. Assigning . 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.
C -1
315
3. Effective Date. The execution by City of the attached receipt for this Agreement
must be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement must be effective upon its recordation in the
Official Records of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Transferred Property.
4. Remainder of Project. Any and all rights or obligations pertaining to such portion
of the Project Site other than the Transferred Property are expressly excluded from the
assignment and assumption provided in Sections 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth next to their signatures below.
Date:
"ASSIGNOR"
RAYTHEON COMPANY
By:
Its:
By:
Its:
"ASSIGNEE"
a
Date: _ _ By:
Its:
C -2
316
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
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.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
C -3
317
WITNESS my hand and official seal.
Signature
C -4
(Seal)
318
EXHIBIT D
PROJECT MILESTONES AND THRESHOLDS
Project Item
Threshold or Milestone
Required Action
6 annual payments. First
First annual payment is due
Total payment of $4,000,000
payment of $500,000 and five
on March 31, 2016. The
over six years payable in six
subsequent payments of
final payment is due on
annual payments.
$700,000 each. All payments
March 31, 2021.
to the City's General Fund.
Payment of $5,000,000 to the
If the Nash Street Roadway
Total payment of $5,000,000
City's General Fund ten years
Extension is not completed
payable in its entirety 10 years
after project approval.
within 10 years of the
after project approval.
effective date of the City
Council ordinance
approving the ESSCSP, then
a $4,000,000 payment is due
10 years after project
approval.
$0.50 per gross square foot
The $0.50 per gross square-
Payment of 0.50 per gross
fee for all new development
foot fee is required before
square foot fee to the City's
(floor area not existing on the
issuance of City building
General Fund before issuance
site on the project approval
permits for any new floor
of building permits.
date) is required.
area on the prcject site.
Intersection Improvements-
Before Certificate of
Proof of Payment of all
Mitigation Measures TRA -1
Occupancy is issued for any
applicable fair share
through TRA -9
building in ESSCP Phase II
mitigation fees must be
(buildings in project area
provided to the Director of
adding trips in excess of
Planning and Building Safety
Phase I Peak Period Trip cap
and Director of Public Works.
of 225 trips)
Nash Street Roadway
Before Certificate of
Completion of street and all
Extension, including Class II
Occupancy is issued for any
associated public
bicycle lane
building in ESSCP Phase II
improvements.
(buildings in project area
adding trips in excess of
Dedication of the Nash Street
Phase I Peak Period Trip cap
Improvements to the City.
of 225 trips)
D -1
319
Continental Boulevard Before any building located
Extension along Continental Boulevard
is sold, leased, or used by
any third party not an
affiliate of Raytheon.
Parcel 26 Within 30 days of the
effective date of the City
Council ordinance
approving the ESSCSP.
Parcels 20 and 22 Within 30 days of the
effective date of the City
Council ordinance
approving the ESSCSP.
El Segundo Boulevard
Improvements, including
Class I bicycle path
El Segundo Boulevard
Improvements, including
Class I bicycle path
El Segundo Boulevard
Improvements, including
Class I bicycle path
Green Line Station Bicycle
Parking Facilities contribution
Before a certificate of
occupancy is issued for any
building on Parcel 15 or 16
of Vesting Map No. 71551.
Before a certificate of
occupancy is issued for any
building on Parcel 14 of
Vesting Map No. 71551.
Before a certificate of
occupancy is issued for any
building on Parcels 1, 2, 3 or
4 of Vesting Map No.
71551.
Before Certificate of
Occupancy is issued for any
building in ESSCP Phase II
(buildings in project area
adding trips in excess of
Phase I Peak Period Trip cap
of 89 a.m or 225 pm trips or
3775 daily trips).
D -2
Developer must provide a
dedication or public access
easement to City for
Continental Boulevard.
20 -year irrevocable offer to
Dedicate
20 -year irrevocable offer to
dedicate
Required roadway
improvements must be
completed on the El Segundo
Boulevard frontage of Parcels
15 and 16
Required roadway
improvements must be
completed on the El Segundo
Boulevard frontage of Parcel
14
Required roadway
improvements must be
completed on the El Segundo
Boulevard frontage for all
parcels within the Specific
Plan area with El Segundo
Boulevard frontage.
Confirmation that the $75,000
contribution has been
transferred to either the City
or LACMTA.
320
Green Line Station Pedestrian
Easement
El Segundo Boulevard City
sewer trunk line access for
new development in the
ESSCSP area.
Non - Raytheon employee
access to 7.54 acre
Recreational Area.
Transfer of 7.54 recreational
area to the City for use as a
public park.
Before Certificate of
Occupancy is issued for any
building on Parcel 13 or 14
of Vesting Map No. 71551.
Before December 31,
X52018
If 28.44 acres of the Specific
Plan area is sold to user that
is not Raytheon or a
Raytheon affiliated
company.
If the 7.54 acre recreational
area is located outside of the
Raytheon facility's secured
perimeter (south or east of
the Nash Street Extension or
west of Continental
Boulevard).
D -3
Complete construction of a
paved walkway at least five
feet in width and compliant
with ADA requirements.
Contribute 20% of the cost of
the El Segundo sewer trunk
line up -grade up to a
maximum of $375,000.
Access must be provided to
the recreational area for all
persons employed within the
Specific Plan area. Access
must be formalized through
agreements between Raytheon
and owners of land within the
Specific Plan area.
Raytheon Company must
record a 20 year offer of
dedication for future potential
park purposes if the recreation
area is located on Parcels 1, 2,
3, 4, 7, or 8 of Vesting Map
No. 71551.
321
EXHIBIT E
FEE/IN -LIEU CREDITS
Proicct Item
Credit
Construction Cost of the Nash Street Traffic Impact Mitigation Fee credit for
Extension and Associated Improvements the actual cost of construction.
Appropriate documentation verifying costs
must be provided and accept d by the City.
El Segundo Boulevard Improvements,
including Class I bicycle path
Intersection Improvements within the City
of El Segundo
Environmental Impact Report Mitigation
Measures TRA -1 to TRA -5
Bicycle Parking Facilities for the Metro
Green Line El Segundo Station
Traffic Impact Mitigation Fee credit for
the actual cost of construction.
Appropriate documentation verifying costs
must be provided and accepted by the City.
Traffic Impact Mitigation Fee credit for
the required fair share fee paid to the City
of El Segundo.
$ 75,000 payment may be credited against
Traffic Impact Mitigation Fee.
D -4
322