Loading...
CC RESOLUTION 4958RESOLUTION NO. 4958 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, Be 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; ®2� 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), 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 4th 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. -4- 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. �5- SECTION 3: Environmental Assessment. The City Council makes the following environmental findings: 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; M 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 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. IVA 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 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 F-11 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. 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 In 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 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 capacitor 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. -10- 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 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 -11- 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. 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 N1-2.1 A 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 -12- 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 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. -13- 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 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 "I," 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 -14- 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 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. SECTION 12: This Resolution is the City Council's final decision and will become effective immediately upon adoption. Resolution No. 4958 was PASSED, APPROVED AND ADOPTED this 15th day of December, 2015. ATTEST: Tracy We aver, City Clerk APPROVED AS TO FORM: By: 'Mark D. Hens[ y, ty Attorney taZue te Mayor -15- CERTIFICATION 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. 4958 was duly passed, approved and adopted by said City Council at a regular meeting held on the 15th day of December, 2015, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member Atkinson, Council Member Fellhauer, Council Member Dugan NOES: ABSENT: ABSTAIN: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6th day of December, 2016. rac Weaver, ('rty '6r of tfic City of El SCgLl 1c10,' California -16- Refer to City Council Agenda Packet from December 15, 2015, Item #2 - for the Exhibits referenced in Resolution No. 4958. Exhibit A — Conditions of Approval Exhibit B — General Plan Land Use Designations subsection Exhibit C — General Plan Land Use Plan Southeast Quadrant Subsection Exhibit D — 1992 General Plan Summary of Existing Trends Build -out Exhibit E — General Plan Land Use Map Amendment Exhibit F — Mitigation Monitoring and Reporting Program Exhibit G — Environmental Findings of Fact and Statement of Overriding Considerations Exhibt H — Final Environmental Impact Report Exhibit I — Vesting Tentative Map (VTM) No. 71551 Refer to link below: ttp: / /eIsegundo.or de is /elected /a er das.as A paper copy of the Exhibits mentioned above is available in the City Clerk's office for viewing only. -16- CITY COUNCIL RESOLUTION NO. 4958 EXHIBIT A CITY COUNCIL ORDINANCE NO. 1516 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 "). 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 -1_ 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. 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. �3- % 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 IN 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. -5- 34, Exterior lighting must be designed to minimize off -site glare. 35a 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 N 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. • s �r 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. r 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 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. -7- 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 fUrnishingi 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. M 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. 91 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. -10- 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. -11- %m act Fee Conditions IX 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). 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. -12- 95. The Raytheon Cotpany, agrees to indemnify and hold the City harmless frorn and against any claim, action, damages, costs (including, without li'llitation, attorney's fees), injuries, or liability, arising frorn 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 sarne 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, RdDet a rsar -eon behalf of the Raytheon Company, certifies that they have read, understood, and agree to the Project Conditions listed in this document. J. Moore s dent- Business Services Company PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901 - 925 \EA - 905 \City Council \EA - 905.CC reso.doc -13-